LESS_ PORTAL REGULATIONS AND PRIVACY POLICY

The LESS_ Portal consists of an application available on mobile devices and a Portal (website), thanks to which the User can buy or bid various types of products and services. Our goal is to provide a sales platform using which the Customers can present offers for products and services, and those interested in buying can buy or bid on specific products.

Third parties in relation to the Service Provider appear in the Portal, these are the persons using the Portal and displaying their Products (Sellers) or intending to purchase the Product (Buyers).In this case, the Sales Agreement is concluded between the interested parties through the Portal, but without our participation.

Therefore, we provide appropriate means and technical tools through the Portal, owing to which the Users can conclude a Sales Agreement, but we are not a party to the concluded agreements in this case, which means that the rights and obligations arising from it (above all, to deliver the Product and make a payment) shall be borne by the Users who are the parties to that Agreement.

The Products may be purchased through a standard order form or through the auction method. Then, the Product purchased by the Buyer is delivered by the Seller to the Buyer to the address provided by the Buyer.

Please read these Regulations carefully. The Regulations set out the rules for the use of the LESS_ Portal by its Users, including the licensing terms and the privacy policy. The LESS_ Portal is protected by the provisions of copyright law, intellectual property rights and other relevant, absolutely binding provisions of Polish law. The use of the LESS_ is possible under license conditions specified in the Regulations.

The formula of these Regulations presupposes the establishment of general terms and conditions for using the Portal. If the User decides to use LESS_, these conditions govern in particular the rules of using the Portal, including our liability.

LESS_ Team

1) ABOUT US

  1. The owner of LESS_ Portal is COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the National Court Register, Registration court: District Court for Wrocław Fabryczna, VI Commercial Division of the National Court Register, location: ul. Wyścigowa 56E 53-012 Wrocław, KRS 0000750346, NIP 8992851201, REGON 381390129, share capital: PLN 124,000.00, e-mail address: [email protected], phone number +48 737-195-555.

  2. These Regulations define the rules for the use of the LESS_ Portal by its Users, including the licensing terms and the privacy policy.

2) DEFINITIONS

  1. The definitions used in these Regulations mean:

  2. APPLICATION – a mobile application (software for mobile devices with elements that are not a computer program within the meaning of the Copyright Act, but constitute its integral part) enabling the User to use it on a mobile device in accordance with these Regulations.

  3. AUCTION – procedure leading to the conclusion of the Sales Agreement, in which the Seller, by displaying the Product, invites the Buyers to submit Bids for entering into the Sales Agreement for a certain Product in order to conclude the Sales Agreement with the highest bidder (auction). The bid submitted in the course of the auction ceases to be binding when another User submits a more attractive Bid. The Auction leads to the conclusion of the Sale Agreement only if the highest bid submitted in the course of the Auction is at least equal to the minimum price of a given Auction.

  4. WORKING DAY - one day from Monday to Friday, excluding public holidays.

  5. ORDER FORM – Account functionality, an interactive form available in the Portal that allows the Buyer to place an Order, in particular by selecting the Product.

  6. CIVIL CODE – the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

  7. ACCOUNT, USER ACCOUNT – Electronic Service, marked with an individual e-mail address and a password provided by the User, a set of resources in the information and communication system of the Portal, where the data provided by the User and information about the Orders placed by them, offered Products, concluded Sales Agreements and other activities within the Portal are collected.

  8. BUYER – User who has concluded or intends to conclude a Sales Agreement with the Seller via the Portal.

  9. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Users to automatically receive from the Service Provider the cyclical content of subsequent editions of the Newsletter containing information about new solutions offered within the Portal.

  10. BID – the Buyer's bid submitted during the Auction and aiming directly at concluding the Sales Agreement for the Product with the Seller.

  11. PRIVACY POLICY – annex number 1 to these Regulations, defining the privacy policy for using the Portal.

  12. COPYRIGHT – Act on copyright and related rights of February 4, 1994 (Journal of Laws No. 24, item 83, as amended)

  13. PORTAL, LESS_ – an application available on mobile devices and a website, enabling the User to buy or bid on various types of products and services.

  14. PRODUCT – products or services available on the Portal, which are the subject of the Sales Agreement between the Buyer and the Seller.

  15. PROMOTION – promotions and bargains available within the Portal.

  16. REGULATIONS – these regulations of the LESS_ Portal.

  17. SERVICE, WEBSITE, LESS.APP – a part of the portal that is a web service, available at https://less.app

  18. SELLER – The Service Recipient who is a party to the Sales Agreement with the Buyer and indicated on the Portal when placing the Order.

  19. SALES AGREEMENT – agreement for the sale of the Product concluded between the Buyer and the Seller using the Portal. The Sales Agreement is concluded in accordance with the previously placed Order on the terms contained in these Regulations.

  20. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Portal in accordance with the Regulations.

20. USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, who is at least 13 years old; (2) legal person; or (3) an organizational unit without legal personality, which has been granted the legal capacity by law; – who uses or intends to use the Electronic Service.

21. SERVICE PROVIDER - COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the Register of Entrepreneurs of the National Court Register, Registration court: District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register, with the registered office at ul. Wyścigowa 56E 53-012 Wrocław, KRS 0000750346, NIP 8992851201, REGON 381390129, share capital: PLN 124,000.00, e-mail address: [email protected], phone number +48 737-195-555.

22. CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).

23. SEARCH ENGINE – free of charge Electronic Service available on the Portal, available to all Users, used for finding content and offers contained on the Portal.

24. ORDER – Buyer's declaration of intent submitted via the Order Form and aimed directly at concluding the Sales Agreement for the Product with the Seller.

3) ABOUT THE LESS_ PORTAL

  1. LESS_ is a trading platform enabling Sellers to publish offers for the sale of Products and conclude Sales Agreements between the Seller and the Buyer, as well as adding sales posts by the Users, in which Users can present the Products they buy. The parties to the Sales Agreement are the Buyer on the one hand, and the Seller on the other hand, who is an independent third party in relation to the Service Provider. It is also possible to participate in Auctions when using the Portal.

  2. Sellers may conclude Sales Agreements either as entrepreneurs – in this case, the Buyer may have the status of a consumer, or as private persons who do not conduct business in this area – in this case, the Buyer will not have the status of a consumer. The Seller selling the goods as an entrepreneur is obliged to comply with the applicable provisions aimed at protecting the consumer's rights and their right to complain and withdraw from the agreement, indicated in particular in the Consumer Rights Act.

  3. The Service Provider is responsible for providing Electronic Services indicated in the Regulations and is obliged to provide them without defects. The Service Provider is also responsible for the correct execution of the Sales Agreement, in which they act as the Seller.

4) GENERAL CONDITIONS FOR USING THE LESS_ PORTAL

  1. The User is obliged to use the Portal in accordance with its intended purpose, in a manner consistent with the law and morality, respecting personal rights, copyrights and intellectual property of COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, other Users and third parties. The User is obliged to enter data consistent with the actual state. The User is prohibited from providing unlawful content.

  2. Technical requirements necessary for the proper launch and use of the Application: (1) a tablet, smartphone or other mobile device with active Internet access; (2) iOs 9.0, or newer, (3) Android 4.0 or newer, (5) enabling Cookies and Javascript in the web browser. Technical requirements necessary for the proper launch and use of the Portal: 1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling Cookies and Javascript support in the web browser. In addition to creating an Account on the Portal, it is necessary to have an e-mail address and access to e-mail.

  3. The User may use the Portal on the terms set out in the Regulations.

  4. The User may use the Portal in accordance with its intended purpose. A detailed description of the functionalities of the Portal, including the Account and the rules of its operation, is available in the Regulations and within the Portal.

  5. The User may use the Portal and its functionalities free of charge, subject to the premium service and paid functionalities on the Portal which are indicated each time.

  6. The Service Provider is the Controller of personal data processed on the Portal in connection with the implementation of the provisions of these Regulations. Personal data is processed for purposes, to the extent and on the basis of the principles indicated in the published privacy policy, which constitutes an annex to these Regulations and which is published together with the Regulations. The privacy policy contains primarily rules for the processing of personal data on the Portal by the Controller, including the basis, purposes and scope of processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools on the Portal. Using the Portal is voluntary. Similarly, the provision of personal data by the User using the Portal is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the agreement and statutory obligations of the Service Provider).

5) TERMS OF USING THE PORTAL

  1. The Portal is available (1) as an Application for download on the App Store and Google Play; (2) in the form of a Web Service (Portal) available at www.less.app.

  2. The use of the Portal is free of charge, assuming that the costs of data transmission during the download and use of the Portal are covered by the Portal User on their own on the basis of an agreement concluded with an entity providing such services.

  3. The condition to start using the Portal is the prior download and installation of the Application or visiting the Portal's website and registration.

  4. The use of the Portal is possible for an indefinite period. The User may, at any time and without giving any reason, stop using the Portal by uninstalling it or removing it from his device in accordance with the user manual of the device. Uninstalling or removing the Portal from your device does not delete the Account - in order to delete it, the User may at any time and without giving any reason send COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ appropriate request, in particular via the contact form, e-mail to the following address: [email protected] or in writing to the following address: ul. Wyścigowa 56E 53-012 Wrocław.

6) ELECTRONIC SERVICES AVAILABLE ON THE PORTAL

  1. Any User may use the Portal on the terms set out in the Regulations.

  2. The User may use the following Electronic Services on the Portal:

  3. Order form

  4. Account

  5. Newsletter

  6. Search engine

  7. The Users may use Electronic Services free of charge, unless otherwise indicated on the Portal or in these Regulations, including, in particular, point 9 of the Regulations. In particular, paid functionalities may be available as part of the Account, such as posting boost (Product sales offers), post highlighting, a package consisting of a certain number of boosts and post highlights, Premium Account.

  8. Newsletter - the use of the Newsletter is free of charge. The User has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: [email protected]

  9. Search Engine - using the Search Engine is free of charge and requires the creation of an Account. The use of the Search Engine starts when the User visits the homepage of the Portal or individual tabs, logs in to the account, uses filters and search options visible on the website and clicks the action field. Using the Search Engine is one-off and ends after finding specific content or ceasing to use the Search Engine.

7) TERMS OF USING THE ACCOUNT

  1. Creating an Account on the Portal is necessary to offer Products for sale or place Orders.

  2. Using the Account is possible after completing two consecutive steps by the Customer - (1) completing the registration form and (2) clicking the action field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the e-mail address provided - including at the moment, an agreement for the use of the Account is concluded between the Service Provider and the Customer. In the registration form, it is necessary for the Customer to provide the following data: nickname, e-mail address, date of birth, place of residence and password. In the case of Customers who are not consumers, it is also necessary to provide the company name. Additionally, in order for a Product to be sold, it is necessary to provide a bank account number and a telephone number. In order to purchase a Product, it is necessary to provide a telephone number and address for shipping the Product.

  3. It is also possible to log in to the Portal by using a Facebook account.

  4. The User is obliged to update their data provided within the Account in the event of their change.

  5. As part of the Account, it is possible to buy a paid, monthly subscription under which the Seller has the opportunity to post more Offers and photos. Details are indicated on the Portal. Payments as a paid monthly subscription are made via Google Pay, Apple Pay and PayU.

  6. The User may only have one Account on the Portal at the same time.

  7. The Electronic Service User Account is provided for an indefinite period of time and is free of charge. The User has the option, at any time (but not earlier than 30 days from the date of conclusion of the last Sales Agreement by the User via the Portal) and without giving reasons, to delete the Account (cancel the Account) by using the appropriate Account settings on the Portal or by sending a relevant request to the Service Provider, in particular via e-mail, to the following address: [email protected]

8) CONDITIONS FOR DISPLAYING PRODUCTS

  1. One of the possibilities that the Account on the Portal gives is the publication of offers for the sale of Products, which will then be visible on the Portal for all visitors of the Portal. It is possible to publish the offer for the sale of the Product by using the Product offer form available in the appropriate tab of the Portal – it can be completed after logging in to the Account on the Portal. Depending on the type of the Product, it is required to provide the data indicated in the form as mandatory, and it is also possible to optionally give other data in the form and click the action field – from this moment, the product offer is displayed on the Portal.

  2. The sales offer should contain the information required by law, in particular it should specify:

  3. main features of the Product;

  4. the price of the Product together with taxes, and if they are applicable – fees for transport, delivery, postal services and other costs, and if it is impossible to determine the amount of these fees – the obligation to pay them;

  5. the method and date of payment;

  6. the method and date of delivery;

  7. place and method of lodging complaints.

  8. If a sales offer is submitted by the Seller who is an entrepreneur, it should also contain additional information required by generally applicable law, in particular the Consumer Rights Act.

  9. The offer for the sale of Products on the Portal is binding for the Seller who submitted it, with the reservation that the Seller may withdraw it or change it before it is accepted by the Buyer and before the Sale Agreement is concluded.

  10. In the event of an effective conclusion of the Sales Agreement between the Buyer and the Seller via the Portal, the Service Provider charges a commission in the amount indicated to the Seller before placing the Offer. The commission is charged automatically.

  11. The Service Provider reserves the right to call the Seller to change or delete the Product offer, stating the reason, if it violates these Regulations or the applicable law and if the User does not remove the violations, the Service Provider may delete the Product offer, which does not affect the orders already placed and the Sales Agreements regarding this Product.

  12. The Seller publishing the Product offer is obliged to include only true, reliable and not misleading information on the Portal.

  13. The Seller displaying the Product is obliged to provide factual, clear, understandable, reliable and not misleading information regarding the subject and conditions of the offer for the sale of the Product. Publishing the offer for the sale of the Product should reflect the actual intention of selling it by the Seller. The Product offer, its subject and description should comply with the law and morality, with particular regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider, other Users and third parties.

  14. The publication of the Product offer (including its subject and description) by the Seller shall not violate the provisions of the generally applicable law, good manners, rules of social coexistence and rights of third parties. The Seller is prohibited from publishing sales offers for goods and services indicated in Annex 2 to the Regulations (prohibited products).

  15. The Seller is obliged to possess the rights required by the law to conduct its business activity and to put the Product displayed on the market, including, if required, all permits, concessions and other individual administrative acts.

  16. If the use of the Portal, including the conclusion of Sales Agreements, is associated with the Seller’s business, the Seller is obliged to comply with consumer rights, in particular regarding the fulfillment of information obligations, the right to withdraw from the agreement without giving reasons and complaints.

  17. At the request of the Buyer interested in the Product offer, the Seller is obliged to provide explanations regarding the subject and conditions of the offer for the sale of Products.

  18. The Seller is obliged not to include any unlawful content, contact details enabling contact with the Seller outside the Portal and advertising, content or commercial information encouraging the use of websites or entities competing with the Portal, including website addresses, names and logos of such websites or entities, in the offer for the Products (including in photos) and in the messages sent between the Users regarding the subject and terms of the Product offer.

9) LESS_ PAID FUNCTIONALITIES

  1. The Service Provider provides the User with additional, paid functionalities of the Account on the Portal:

  2. Bumping the post (Product sales offers);

  3. Highlighting the post;

  4. A package consisting of a certain number of post bumpings and highlights;

  5. Premium account.

  6. The purchase of paid functionalities is possible only in the mobile Application.

  7. The detailed scope of each of the above paid functionalities is indicated to the User in the Application before the User confirms the willingness to use a given paid functionality.

  8. Payments for paid functionalities may be made by the User only through the User's account in the Google Play Store or in the App Store

  9. Payments for the use of paid functionalities referred to in point 9.1 a) -c) may be made in the form of a one-off payment. Payments for the use of the Premium Account are made periodically as part of the subscription. The billing period is one month starting from the date of using the Premium Account. The user can terminate the "Premium" account at any time, which takes effect at the end of the current billing period.

  10. The payment is made in advance and before the activation of paid functionalities by the Service Provider, and in the case of Premium Account, before the beginning of a given billing period.

  11. Payment deadline - the Service Recipient is obliged to make the payment immediately after clicking the action field confirming the willingness to use the paid functionality, and in the case of a Premium Account, before the beginning of a given billing period.

  12. Activation by the Service Provider of the paid functionality or the premium version of the Account takes place immediately, no later than within 24 hours from the moment the payment for this functionality is credited.

  13. The content of the concluded contract for the use of paid functionalities is recorded, secured and made available to the Service Recipient by (1) providing these Regulations on the Portal and (2) sending the Customer an e-mail after payment. The content of the Agreement is additionally recorded and secured in the Service Provider's IT system.

10) TERMS OF CONCLUSION AND EXECUTION OF THE SALES AGREEMENT WITHIN THE OPTION BUY NOW

  1. The conclusion of the Sale Agreement between the Buyer and the Seller by means of the Portal has the following course:

  2. The Seller, within their Account, publishes a sales offer for a Product that may be the subject of a Sales Agreement in accordance with these Regulations.

  3. In response to the published offer, the Buyer places an Order (accepts the Sales offer) through the Order Form available on the Portal – the order is placed when the Buyer clicks "Buy Now" option in the Order Form – at this point, the Sales Agreement is concluded between the Buyer and the Seller.

  4. The conclusion of the Sales Agreement is confirmed by placing information on the Portal, in the appropriate tab of the Buyer and Seller Accounts, and additionally, confirmation is sent via email to the addresses provided by the Buyer and the Seller. In the above manner, the content of the Sales Agreement concluded is recorded, secured and shared.

  5. Upon the conclusion of the Sales Agreement, the Seller will automatically receive the Buyer's contact details provided voluntarily within their Account.

  6. After the conclusion of the Sales Agreement, the further course of the Buyer's and Seller's action results from the applicable provisions of law – the Seller is obliged primarily to deliver the Product, and the Buyer is obliged to pay the agreed price.

  7. Through the Order Form, the Buyer can place one Order for Products offered by more than one Seller – in this case, the Buyer concludes separate Sales Agreements with selected Sellers.

  8. In the event of an effective conclusion of the Sales Agreement under the "Buy Now" option between the Buyer and the Seller via the Portal, the Service Provider may charge a commission in the amount indicated to the Seller before placing the Offer. The commission is charged automatically.

11) AUCTION

  1. The Seller, by adding the offer for the sale of the Product on the Portal, may choose the Auction option for it.

  2. As part of the Auction, the Seller may set a minimum price, i.e. the lowest price for which they agree to conclude the Sale Agreement for the Product offered, as well as the duration of the Auction.

  3. In the case of the Auction, the Sales Agreement is concluded as a result of a knock-down, in a situation where, according to the rules provided for in the Regulations and description of the Auction, its winner is determined. The Auction Winner is the Buyer who submits the highest bid during the Auction, and at the same time, the bid is higher or equal to the minimum price set by the Seller.

  4. Submission of the Bid by the Buyer consists in the following steps (1) selection of the Product available on the Portal in the scope of the Auction by the Buyer; (2) giving the proposed purchase price; (3) clicking the "Bid" field in the Product description.

  5. The knock-down takes place by placing the information in the appropriate tab in the accounts of the Seller and the Buyer who won the Auction immediately after the end of the Auction, which confirms the conclusion of the Sales Agreement – at this moment, the Sales Agreement is concluded between the Seller and the Buyer who won the Auction. In addition, an automatic message containing confirmation of the conclusion of the Sales Agreement is sent immediately to the Seller and the Buyer. If the Auction has the "Buy now" option, the Sales Agreement is concluded when one of the Buyers clicks the "Buy now" box before the end of the Auction, which results in the automatic end of the auction.

  6. In the event of an effective conclusion of the Sale Agreement in the form of an auction between the Buyer and the Seller via the Portal, the Service Provider charges a commission in the amount indicated to the Seller before placing the Offer. The commission is charged automatically.

12) COMMENTS

  1. Adding comments is possible after logging in to the Account.

  2. Via the Portal, the Service Provider provides the Users with the possibility of commenting on the course of the transaction or posts of other Users. Owing to this functionality, the User may post their subjective comment regarding a particular post, offer for the sale of the Product or Auction.

  3. The User posting the comment is obliged to formulate it in a manner consistent with the law and morality with respect for the personal rights and copyrights as well as intellectual property of the Service Provider, other Users and third parties. The User posting the comment is forbidden to provide unlawful content, bad language and content that violates personal rights.

  4. In the case of unlawful comments or comments violating the personal rights of certain persons, the Service Provider reserves the right to delete such comments, in accordance with art. 14 par. 1 of the Act on the provision of electronic services, in particular in the event of the following situations:

  5. When the Service Provider receives notifications about possible fraud from other Users – after prior verification by the Service Provider.

  6. In the case of sale of counterfeit products.

  7. In the case of posts that do not meet the aesthetic requirementsh.

  8. In cases of identified fraud, theft, abuse, crime.

13) ASSESSMENT OF SELLERS

  1. The Service Provider provides the Buyers with the possibility of assessing a given Seller and adding an opinion through the Portal.

  2. The assessment may be issued by the Buyer only in relation to the Sellers from whom the Buyer actually made the purchase, and by the Seller only in relation to the Buyers who made the purchase from the Seller.

  3. The assessment may be cancelled with the consent of its author, at the request of its author or the other party.

  4. The Buyer, when using the ratings, is obliged to use them in a manner consistent with the law and morality with respect for personal rights as well as copyrights and intellectual property of the Service Provider, other Users and third parties. The buyers making the assessment are obliged to enter data in accordance with the facts.

  5. The Seller may respond to the Buyer's opinion, and the Buyer may respond to the Seller's opinion, using his Account.

14) CONTACT US

The essential form of on-going remote communication with COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ is e-mail (e-mail: [email protected]), and a helpline available at the telephone number indicated on the Portal through which COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ provides information on the use of the Portal. Users can contact us also in other legally acceptable ways.

15) COMPLAINTS ABOUT ELECTRONIC SERVICES AND PORTAL

  1. Complaints related to the operation of the Portal may be submitted by e-mail (e-mail: [email protected]) and by traditional post service (ul. Wyścigowa 56E 53-012 Wrocław).

  2. COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ recommends to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) claim; and (3) contact details of the complaining party this will facilitate and accelerate the processing of the complaint by COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

  3. COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ will handle the complaint promptly, not later than within 14 calendar days from the date of its submissiona.

16) COMPLAINTS AND WITHDRAWAL FROM THE SALES AGREEMENT

  1. Liability under the warranty for the Buyers, as well as liability for the exercise of rights as a result of withdrawal from the agreement within 14 days, shall be borne by the party to the Sales Agreement, i.e. the Seller.

  2. The basis and scope of the Seller's liability towards the Buyer on account of the Sales Agreement are determined by the generally applicable laws, in particular the Civil Code. Complaints related to the Sales Agreement can be submitted directly by the Buyer.

  3. Rights and obligations of the Buyer, who is a consumer, towards the Seller, regarding the exercise of the right to withdraw from the Sales Agreement, are defined by the generally applicable laws, in particular in the Consumer Rights Act.

  4. The Seller selling goods as an entrepreneur is obliged to comply with the applicable provisions aimed at protecting consumer rights and the consumer right to complain and withdraw from the agreement indicated in particular in the Consumer Rights Act.

17) WITHDRAWAL FROM AGREEMENT BY CONSUMERS

  1. This section of the Regulations applies only to Users who are consumers and to distance agreements they conclude with the Service Provider, in particular agreements for the provision of Electronic Services on the Portal.

  2. The right to withdraw from a distance agreement is not granted to the consumer in respect of agreements: (1) for the provision of services, if the entrepreneur has performed the service fully with the express consent of the consumer, who was informed before the conclusion of the agreement that they would lose the right to withdraw from the agreement after the entrepreneur executes it; (2) in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life; (3) in which the subject of the service is an item delivered in a sealed package and after opening the packaging it cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.

  3. Subject to point 17.2 of the Regulations, a consumer who has concluded a remote agreement may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, subject to the exception referred to in the following sentence. To meet the deadline, it is enough to send a statement before its expiry. The statement on withdrawal from the agreement with the Service Provider may be sent using the contact details of the Service Provider included at the beginning of the Regulations. The consumer may use the template of the withdrawal form from the Consumer Rights Act, which constitutes Annex 3 to the Regulations.

  4. The Consumer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

  5. The period for withdrawing from the agreement begins to run:

  6. for an agreement under which the Service Provider provides the Product and is obliged to transfer its ownership (e.g. Sales Agreement) – from the moment the Product comes into the possession of the consumer or a third party other than the carrier, designated by the consumer, and in the case of an agreement which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) concerns regular delivery of Products for a determined period – from taking possession of the first Product;

  7. for other agreements – from the date of conclusion of the agreement.

  8. In the event of withdrawal from a distance agreement, the agreement shall be considered null and void.

  9. The Service Provider is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the agreement, return to the consumer all payments made by him, including the payment for the delivery of the Product (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery offered by the Service Provider). The Service Provider shall refund the payment using the same method as used by the consumer, unless the consumer has expressly agreed to a different method of refund, which does not entail any costs for them. If the Service Provider has not offered to collect the Product from the consumer themselves, they may refrain from refunding the payments received from the consumer until the receipt of the Product or receipt of a proof of its return by the consumer, whichever occurs first.

  10. The consumer is obliged to immediately, not later than within 14 calendar days from the date on which they withdraw from the agreement, return the Product to the Service Provider or transfer it to a person authorized by the Service Provider to receive it, unless the Service Provider suggested that they will collect the Product on their own. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the address of the registered office of the Service Provider indicated at the beginning of the Regulations.

  11. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

  12. Possible costs related to the consumer's withdrawal from the agreement, which the consumer is obliged to bear:

  13. If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method offered by the Service Provider, the Service Provider is not obliged to refund additional costs incurred by the consumer;

  14. the consumer bears the direct cost of returning the Product.

  15. In the case of the Product which is a service and its provision – at the express request of the consumer – started before the end of the withdrawal period, the consumer who exercises the right to withdraw from the agreement, after making such a request, is obliged to pay for the services provided until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration determined in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.

  16. The provisions regarding the consumer contained in p. 11 of these Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient who is a natural person concluding a contract directly related to his business, if the content of this contract shows that it does not have any professional character for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity

18) EXTRAJUDICIAL WAYS OF SETTLING COMPLAINTS AND REDRESS AND RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility of the Customer’s use of the extrajudicial methods of dealing with complaints and redress and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

  2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: [email protected] or a written address: Plac Powstańców Warszawy 1, 00-030 Warszawa), whose task is, among others, to assist consumers in matters relating to out-of-court resolution of consumer disputes.

  3. The consumer has the following possibilities of using extrajudicial ways of settling complaints and redress: (1) an application to settle a dispute in a permanent amicable consumer court (for more information, visit: http://www.spsk.wiih.org.pl/); (2) an application for extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) assistance from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number 801 440 220 (call center available on Working Days, 8 a.m. – 6 p.m., call fee according to the operator's tariff).

  4. An online platform for settling disputes between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from online sales agreements or agreements for the provision of services (more information on the platform website or on the website of the Office of Competition and Consumer Protection): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

19) RESTRICTION, SUSPENSION AND TERMINATION OF THE SERVICE RECIPIENT'S ACCESS TO THE PORTAL BY THE SERVICE PROVIDER

  1. The Service Recipient may terminate the use of the Portal or individual Electronic Services in accordance with the terms of their use indicated in the Regulations, in particular, at any time and without giving any reason, he may resign from using the Portal Account, placing Orders via the Order Form, or unsubscribing from the Newsletter by sending a relevant request to the Service Provider, including via e-mail to the following address: [email protected]

  2. The Service Provider reserves the right to limit, suspend and, as a last resort, terminate the provision of its Electronic Services to a given Service Recipient, including in relation to individual Products offered by this Service Recipient on the Portal, only if and to the extent necessary, under the following conditions:

  3. The grounds for limiting, suspending and, ultimately, terminating the provision of Electronic Services for a given Customer are:

  4. failure by the Service Recipient to pay the amounts due towards the Service Provider;

  5. provision by the Service Recipient of incomplete (in the case of required data) or false contact details (e.g. name and surname, company, address) as part of the Portal,

  6. issuing a Product offer (including its subject and description) by the Seller violating the provisions of generally applicable law, decency, principles of social coexistence or the rights of third parties.

  7. issuing by the Seller an offer of a Product that clearly does not fall within the scope of the Portal;

  8. issuing a Product offer by the Seller in violation of the conditions for issuing the Products specified in the Regulations;

  9. sending spam messages to other Service Users,

  10. placing Orders for purposes other than the conclusion and performance of the Sales Agreement;

  11. a legal or regulatory obligation under which the Service Provider is obliged to complete the provision of all its Electronic Services to a given Customer;

  12. the Service Provider's use of the right to terminate the provision of services for an overriding reason resulting from national law consistent with EU law;

  13. multiple violations of the Regulations by the Customer;

  14. displaying Products that do not meet the aesthetic requirements of the Portal, infringing the image of the Portal.

  15. Limiting Electronic Services consists in temporarily limiting the Service Recipient's access to certain functionalities of individual Electronic Services - Account and Order Form, in particular, the Service Provider may prevent a given Service Recipient from issuing new Products or placing Orders via the Order Form.

  16. The suspension of Electronic Services consists in temporarily disabling the Service Recipient's access to the Account Electronic Service. During the suspension of the Account, it is not possible to issue new sales offers for Products, place Orders and conclude Sales Agreements. The suspension of the Account may also result in the withdrawal of all offers for the sale of Products issued through it, provided that this does not violate the already concluded Sales Agreements, which the Seller is obliged to implement - unless the Buyer exercises the right to withdraw from the contract.

  17. During the limitation or suspension of Electronic Services, the Customer is obliged to take steps to remove the causes of the grounds for limitation or suspension, and after their removal, he is obliged to immediately inform the Service Provider about it.

  18. The limitation or suspension of Electronic Services lasts until the cause of their use ceases to exist. In such a case, the service provider withdraws the imposed restrictions or suspension without undue delay. Restrictions or suspension may also be withdrawn if the Customer confirms that the reasons underlying their application have been removed, immediately after receiving such confirmation from the Customer. In such a case, the service provider withdraws the imposed restrictions or suspension in whole or in part without undue delay. In the event that some of the restrictions or suspensions have not been withdrawn, and then the reasons for their application have ceased to exist, the Service Provider shall in this case withdraw all other restrictions or suspension without undue delay.

  19. The Service Provider decides to choose the method and scope of limiting, suspending or terminating the provision of Electronic Services to a given Customer. The Service Provider makes a decision in a reasonable, necessary and proportionate manner to the nature and scope of the grounds for making a specific decision and its consequences for the Customer concerned. Before making a decision, the Service Provider, if possible, calls on the Service Recipient to stop the infringement, and only if the summons proves to be ineffective or impossible, the Service Provider may make an appropriate decision. The Service Provider first undertakes to make a decision to limit, and then to suspend the provision of Electronic Services, if the restriction itself proves to be insufficient. The termination of the provision of Electronic Services is treated as a final solution and its basis may only be the grounds indicated in point 19) paragraph 2, point a. vii-ix of the Regulations.

  20. In the event of a decision to limit or suspend the provision of Electronic Services to a given Service Recipient, the Service Provider provides this Service Recipient - before the limitation or suspension becomes effective or at the moment when it becomes effective - the justification of this decision on a durable medium;

  21. If the Service Provider decides to terminate the provision of all of its Electronic Services to a given Service Recipient, it provides the Service Recipient, at least 30 days before the date on which the termination of the service provision becomes effective, the reasons for this decision on a durable medium. The notification period referred to in the preceding sentence shall not apply if the Service Provider:

  22. subject to a legal or regulatory obligation under which it is obliged to terminate the provision of all its Electronic Services to a given Service Recipient in a way that prevents him from meeting this notification period; or

  23. exercises the right to terminate the provision of services for an overriding reason which arises from national law compatible with EU law;

  24. may prove that a given Service Recipient has repeatedly violated the Regulations, which results in the termination of the provision of all Electronic Services.

  25. In cases where the notification period does not apply, the Service Provider provides the given Service User, without undue delay, with the justification for this decision on a durable medium.

  26. The justification of the Service Provider's decision to limit, suspend or terminate the provision of Electronic Services must refer to specific facts or circumstances - including the content of notifications received from third parties - that led to the Service Provider's decision, as well as a reference to the applicable grounds for this decision, referred to in this point of the Regulations. The Service Provider does not need to provide a justification in the event that it is subject to a legal or regulatory obligation not to present specific facts or circumstances or a reference to the applicable basis or applicable grounds, or where the Service Provider can demonstrate that the Service Recipient has repeatedly breached the Regulations, resulting provide all Electronic Services data.

  27. In the event of limitation, suspension or termination of Electronic Services, the Service Provider provides the Service Recipient with the opportunity to explain the facts and circumstances as part of the internal complaint submission procedure referred to in the Regulations. In the event of withdrawal of the restriction, suspension or termination of services by the Service Provider, without undue delay, he restores the Service Recipient, including providing him with access to personal data or other data that resulted from his use of the Electronic Services before the restriction, suspension or termination became effective.

  28. The Service Provider reserves the right to request the Seller to change or remove the content posted by the Seller on the Portal, including as part of the Product offer, when they violate these Regulations, along with the reason, and in the event of an unsuccessful request to remove this content, which does not infringe any more placed Orders and concluded Sales Agreements regarding this content.

  29. Limitation, suspension and termination of access to the Customer's Electronic Services does not violate the Sales Agreements concluded, implemented or performed by the Buyer and the Seller.

  30. Termination of access to the Customer's Electronic Services shall be without prejudice to the possibility of storing the Customer's data for the period necessary for the implementation of other processing purposes in accordance with the Portal's privacy policy.

20)PLACEMENT OF PRODUCTS, ADDITIONAL PRODUCTS AND SERVICES, ACCESS TO DATA

  1. The Service Provider indicates the main parameters determining the placement of Products on the Portal:

  2. placing the Product in the correct category;

  3. use of a description relevant to the searched for in the title and content of the Product offer;

  4. the number of opinions and the amount of the Seller's rating

  5. quality of the offer presentation, visual features of the website and its description;

  6. adding photos of the Product, number of photos added.

  7. using paid opportunities to promote Products on the Portal.

  8. The parameters determining the placement of Products in the Portal are intended, on the one hand, to facilitate and accelerate the Buyer finding the Product that interests him, and on the other hand, to enable and increase the value of sales for Sellers via the Portal.

  9. The Seller may use paid opportunities to promote their Products - the description, types and impact of paid promotion on the placement are indicated each time in the Portal.

  10. The Service Provider, the Seller and third parties as part of the Portal do not offer the Buyers additional goods and services, including financial products, when concluding the Sales Agreement via the Portal. "Additional goods and services" means goods and services offered to the Buyer before the end of placing an Order on the Portal, additionally and in addition to the basic Product offered by the Seller on the Portal.

  11. When using the Portal, the Service Provider and Recipients may access the following categories of personal data or other data that the Recipients provide for the purposes of using the Portal or which are generated as a result of using the Portal:

  12. Recipients who do not conclude Sales Agreements via the Portal: data of a given Service Recipient posted by him on the Portal and data generally available on the Portal when browsing it, such as basic data of Sellers (name and surname / name, address, possibly NIP) and other data contained in descriptions of individual Product offers on the Portal (such as, for example, payment and delivery methods, delivery and collection addresses);

  13. Buyer: data as the Service Recipient who does not conclude Sales Agreements through the Portal, and additionally detailed data of the Seller with whom he concluded the Sales Agreement provided to him by the Seller, in particular necessary to make a payment or use the Product; the number of Sales Agreements concluded by him, information about the Orders placed by him, information about the ratings and comments he issued;

  14. Sellers: data like Customers who do not conclude Sales Agreements via the Portal, and additionally: basic data of the Buyer with whom he concluded a Sales Agreement (name and surname / name, address), the number of Sales Agreements concluded by him, information about Orders received by him, information about the ratings and comments received by him and his responses to ratings and comments; statistical data on its sale on the Portal;

  15. Service Provider: has access to all data of all Service Users, Buyers and Sellers on the Portal, to which the Service Recipients, Buyers and Sellers on the Portal have access in accordance with the principles set out in this section of the Regulations. The Service Provider stores this data for purposes and for a period determined in accordance with the Portal's privacy policy.

21)PROVISIONS APPLYING TO ENTREPRENEURS

  1. This point 21 of the Regulations and the provisions contained therein are addressed and thus are binding only for the Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, for those who also are not a natural person concluding a contract directly related to its business activity, when it follows from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

  2. The Service Provider does not guarantee that the Portal is error-free or that the Service Recipient will be able to operate it without problems or disturbances.

  3. The Service Provider has the right to withdraw from the contract concluded with the Service Recipient within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Service Provider.

  4. The Service Provider may terminate the Service Recipient's contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending such a Service Recipient an appropriate statement.

  5. The Service Provider is entitled to take action at any time to verify the truthfulness and accuracy of information provided by a non-consumer User. In the scope of verification, the Service Provider is entitled, e.g. to request from a non-consumer a scan of the certificates or other documents necessary to carry out the verification. During the verification referred to in the preceding sentence, the Service Provider is entitled to suspend the Account of the User who is not a consumer for the duration of the verification.

  6. The Service Provider is liable to the Service Recipient, regardless of its legal basis, only up to the amount of the fee paid by the Service Recipient to the Service Provider on the Portal, and in the absence of it - up to PLN 500.00 (five hundred). The amount limitation referred to in the preceding sentence shall apply regardless of whether the Service Recipient has concluded any agreement with the Service Provider. The Service Provider is liable to the Service Recipient only for typical and actually incurred damage, foreseeable at the time of concluding the contract, excluding lost profits.

  7. The Service Provider shall not be liable to the Service Recipient for damages and failure to fulfill obligations resulting from the event of force majeure (e.g. hacker break-ins, natural disasters, floods, fires, earthquakes, epidemics, riots and wars) or any other causes beyond the control of Service providers.

  8. Any disputes arising between the Service Provider and the User who is not a consumer shall be subject to a court having jurisdiction over the seat of the Service Provider.

22)COPYRIGHT, LICENSE TO USE THE PORTAL

  1. Copyrights and intellectual property rights to the Portal as a whole and its individual elements, including content, graphics, works, designs and signs available within it, belong to COUNTME Spółka z ograniczoną odpowiedzialnością or other authorized third parties and are protected by the Copyright Law and other provisions of the generally applicable law. The protection granted to the Portal covers all forms of its expression.

  2. The Portal should be treated like any other work subject to copyright protection. The User has no right to copy the Portal, except for cases permitted by the provisions of the mandatory binding law. The User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way try to determine the source code of the Portal, except for cases permitted by the provisions of the mandatory binding law.

  3. Users using the Portal do not receive any copyrights to the Portal. The User is only granted – on the terms specified in the Regulations – free, non-transferable, valid worldwide and non-exclusive license entitling them to use the Portal in a manner consistent with its intended use, with these Regulations and in a manner consistent with the law and morality with respect for personal rights, personal data and copyright and intellectual property of COUNTME Spółka z ograniczoną odpowiedzialnością, other Users and third parties. Under the granted license, the User is entitled to use the Portal by downloading it, installing it in the memory of the User's mobile device, using it and displaying it to the extent necessary to use the Portal in accordance with its intended use and only for its own non-commercial use. The license is granted at the time of conclusion of the agreement for the period of use of the Portal and its validity.

  4. When the User publishes content on the Portal constituting works in the meaning of the provisions of the Copyright Law, the Service Provider grants to the Service Provider a non-exclusive and royalty-free license for the use of published materials, including the use of proprietary copyrights, also to promote the Portal, without time or territorial limits, on the following fields of exploitation: (1) permanent or temporary storage of a computer, telephone, smartphone or other multimedia device by any means and in any form; (2) permanent or temporary fixation in whole or in part by any means and in any form (including digital technology, using a computer, online), to the widest extent possible, in particular to the extent that for the introduction, display, use, the transmission and storage of the work, both in its entirety and for its individual components, it is necessary to record it; (3) permanent or temporary public display and public access, by whatever means and in any form (including in such a way that everyone can have access to it at a place and time selected by them, including in the Internet) or store a work using digital technology.

  5. The trademarks of COUNTME Spółka z ograniczoną odpowiedzialnością and third parties should be used in accordance with the applicable law.

23)FINAL PROVISIONS

  1. Agreements concluded via the Portal are concluded in Polish.

  2. Amendments to the Regulations:

  3. The Service Provider reserves the right to amend these Regulations for important reasons, that is: changes in the law that directly affect the content of the Regulations; subject to a legal or regulatory obligation, change of the scope or form of provided Electronic Services; adding new Electronic Services; changes in payment methods; and to counteract an unforeseen and immediate threat related to the protection of the Portal, including Electronic Services and Customers, against fraud, malware, spam, data breach or other threats to cybersecurity - to the extent to which these changes affect the implementation of the provisions of these Regulations.

  4. The period of notification of the proposed changes before their introduction is at least 15 days from the date of notification, subject to point 23 sec. 2 point d. of the Regulations. The interested Service Recipient has the right to terminate the contract with the Service Provider before the end of the notification period. Such a solution becomes effective within 15 days from the date of receipt of the notification.

  5. The amended Regulations bind the Service Recipient if the requirements specified in Art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly informed about the changes in accordance with the notification period prior to their introduction and has not terminated the contract within this period. In addition, at any time after receiving notification of changes, the Service Recipient concerned may, by means of a written statement or a clear confirming action, accept the changes and thus resign from the further duration of the notification period.

  6. In the case of consumers, and from 1 January 2021 and for contracts concluded from that date, also in the case of natural persons concluding a contract with the Service Provider directly related to its business activity, when the content of this contract shows that it is not professional, resulting in particular from the subject of economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity:

  7. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer or a natural person indicated above has the right to withdraw from the contract.

  8. Amendments to the Regulations will not in any way infringe the rights acquired by the Service Recipient or the natural person indicated above before the date of entry into force of the amendments to the Regulations, in particular amendments to the Regulations will not affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.

  9. The Service Provider may amend the Regulations without observing the 15-day notification period referred to in this point. 23 sec. 2 of the Regulations, in the event that the Service Provider:

  10. subject to a legal or regulatory obligation under which it is required to amend the Regulations in a way that prevents it from meeting the 15-day notification period,

  11. must, by way of exception, amend its Regulations to counteract the unforeseen and immediate threat related to the protection of the Portal, including Electronic Services and Customers, against fraud, malware, spam, data breach or other threats to cybersecurity.

  12. In the cases referred to in point 23 sec. 2 point d of the Regulations, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer period for introducing changes, about which the Service Provider notifies.

  13. In matters not covered by these regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); Consumer Rights Act and other relevant provisions of the generally applicable law.

  14. The choice of Polish law does not lead to depriving the consumer of the protection granted to them on the basis of regulations that cannot be excluded by the agreement under the law of the country in which the consumer has their residence, provided that the entrepreneur: (1) performs their business or professional activity in the country in which the consumer has their residence; or (2) in any way directs such activity to that country or to several countries with that country; and the agreement falls within the scope of this activity.


Thank you for reading the Regulations!

We invite you to cooperate with us,

LESS_ Team


Annex No. 1 to the Regulations

LESS_ PORTAL PRIVACY POLICY

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS

  2. GROUNDS FOR DATA PROCESSING

  3. PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING ON THE PORTAL

  4. DATA RECIPIENTS ON THE PORTAL

  5. PROFILING ON THE PORTAL

  6. RIGHTS OF DATA SUBJECTS


1) GENERAL PROVISIONS

  1. This privacy policy of the Portal is for information purposes only, which means that it is not a source of obligations for the Portal Users. The privacy policy contains primarily rules for the processing of personal data by the Controller on the Portal, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools on the Portal.

  2. The Controller of personal data collected via the Portal as a result of the provision of Electronic Services is the company COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs of the National Court Register, Registration court: District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register, based: ul. Wyścigowa 56E 53-012 Wrocław, KRS 0000750346, NIP 8992851201, REGON 381390129, share capital: PLN 124,000.00, email address: [email protected], telephone number +48 737-195-555 – hereinafter referred to as the "Controller", which is at the same time the Portal Service Provider.

  3. Personal data on the Portal is processed by the Controller in accordance with the applicable law, in particular pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (general regulation on data protection) – hereinafter referred to as "GDPR" or the "GDPR Regulation". The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

  4. Using the Portal is voluntary. Similarly, the provision of personal data by the User using the Portal is voluntary, subject to two exceptions: (1) entering into agreements with the Controller – not providing the data, in cases and to the extent indicated on the Portal and in the Regulations of the Portal and this privacy policy, necessary to conclude and execute the agreement for the provision of Electronic Services with the Controller, results in the inability to conclude this agreement. Providing personal data is in this case a contractual requirement and if the data subject wants to conclude a given agreement with the Controller, they are obliged to provide the required data. Each time, the scope of data required to conclude the agreement is previously indicated in the Portal website and in the Regulations of the Portal; (2) statutory duties of the Controller – providing personal data is a statutory requirement resulting from the generally applicable legal provisions imposing the obligation to process personal data on the Controller (e.g. data processing for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Controller from performing these duties.

  5. The Controller takes special care to protect the interest of persons whose personal data they process, and in particular is responsible and ensures that the data collected by them is: (1) processed in accordance with the law; (2) collected for specified, legitimate purposes and is not subject to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which it is processed; (4) stored in a form that permits the identification of persons whom the data concerns, for not longer than it is necessary to achieve the purpose of processing; and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.

  6. Taking into account the nature, scope, context and purposes of the processing as well as the risk of violating the rights or freedoms of natural persons with different likelihood and seriousness of risk, the Controller uses appropriate technical and organizational measures for processing in accordance with this Regulation and is able to prove it. These measures shall be reviewed and updated where necessary. The Controller uses technical measures to prevent the acquisition and modification of personal data sent electronically by unauthorized persons.

  7. All words, expressions and acronyms appearing in this privacy policy and starting with a capital letter (e.g. Service Provider, Website, Electronic Service) should be understood in accordance with their definition contained in the Regulations of the Portal available on the Portal.

2) GROUNDS FOR DATA PROCESSING

  1. The Controller is authorized to process personal data in cases where – and to the extent to which – at least one of the following conditions is met: (1) the data subject has consented to the processing of their personal data in one or more specific purposes; (2) processing is necessary for the performance of an agreement to which the data subject is party or for taking action at the request of the data subject prior to the conclusion of the agreement; (3) processing is necessary to fulfill the legal obligation of the Controller; or (4) processing is necessary for purposes arising from legitimate interests pursued by the Controller or by a third party, except when the interests or fundamental rights and freedoms of the data subject, requiring the protection of personal data, prevail over those interests, in particular when the data subject is a child.

  2. Processing of personal data by the Controller requires each time at least one of the grounds indicated in point 2.1 of the privacy policy. The specific grounds for processing personal data of the Portal Users by the Controller are indicated in the next section of the privacy policy – in relation to a specific purpose of personal data processing by the Controller.

3) PURPOSE, GROUNDS, PERIOD AND SCOPE OF DATA PROCESSING ON THE PORTAL

  1. Each time, the purpose, grounds, period, scope and recipients of personal data processed by the Controller results from actions taken by a particular User on the Portal.

  2. For the proper provision of Electronic Services - enabling the User to add a photo on the Portal, the Administrator, with the User's consent, may access the camera or photos on the User's device on which the Portal is used.

  3. The Controller may process personal data on the Portal for the following purposes, on the following grounds, in the following period and scope:

  • The purpose of data processing: Execution of the Agreement for the provision of Electronic Services or taking action at the request of the data subject prior to concluding the abovementioned agreements.

  • Legal grounds for data processing: Article 6 paragraph 1 b) of the GDPR Regulation (execution of the agreement) – processing is necessary for the execution of the agreement to which the data subject is a party, or for taking actions at the request of the data subject, before concluding the agreement

  • The period ofdata storage: Data is stored for the time necessary for execution, termination or expiration of the concluded Agreement for the provision of Electronic Services.


  • The purpose of data processing: Direct marketing

  • Legal grounds for data processing: Article 6 paragraph 1 f) of the GDPR Regulation (legitimate interest of the Controller) – processing is necessary for the purposes resulting from the legitimate interests of the Controller – consisting in caring for the interests and good image of the Controller, Portal and the quest to provide Electronic Services.

  • The period ofdata storage: The data is stored for the duration of the legitimate interest pursued by the Controller, but not longer than during the period of limitation of the Controller’s claims in relation to the data subject, on account of business activity conducted by the Controller. The limitation period is defined by the law, in particular the Civil Code (the basic period of limitation for claims related to conducting business is three years). The Controller cannot process data for direct marketing purposes in case the data subject clearly and effectively opposes to it.


  • The purpose of data processing: Marketing

  • Legal grounds for data processing: Article 6 paragraph 1 a) of the GDPR Regulation (consent) – the data subject has consented to the processing of their personal data for the marketing purposes by the Controller.

  • The period ofdata storage: The data is stored until the data subject withdraws the consent for further processing of their data for this purpose.


  • The purpose of data processing: Expressing the opinion by the Customer

  • Legal grounds for data processing: Article 6 paragraph 1a) of the GDPR Regulation – the data subject has consented to the processing of their personal data in order to express an opinion

  • The period ofdata storage: The data is stored until the data subject withdraws their consent for further processing of their data for this purpose.


  • The purpose of data processing: Book-keeping

  • Legal grounds for data processing: Article 6 paragraph 1 c) of the GDPR Regulation in connection with the art. 74 par. 2 of the Accounting Act dated 30 January 2018 (Journal of Laws of 2018, item 395) – the processing is necessary to fulfill the legal obligation of the Controller

  • The period ofdata storage: The data is stored for the period required by law, obligating the Controller to store accounting books (5 years, counting from the beginning of the year following the financial year to which the data relate).


  • The purpose of data processing: Establishment, redress or defense of claims that may be filed by the Controller or that may be filed against the Controller.

  • Legal grounds for data processing: Article 6 paragraph 1 f) of the GDPR Regulation (legitimate interest of the Controller) – processing is necessary for purposes arising from the legitimate interests of the Controller – that consist in establishment, redress or defense of claims which may be filed by the Controller or which may be filed against the Controller

  • The period ofdata storage: The data is stored for the duration of the legitimate interest pursued by the Controller, but not longer than for the period of limitation of claims which may be filed by the Controller (the basic limitation period for claims against the Controller is six years).


  • The purpose of data processing: The use of the Portal and ensuring its proper operation

  • Legal grounds for data processing: Article 6 paragraph 1 f) of the GDPR Regulation (legitimate interest of the Controller) – processing is necessary for the purposes arising from the legitimate interests of the Controller, which consist in running and maintaining the Portal.

  • The period ofdata storage: The data is stored for the duration of the legitimate interest pursued by the Controller, but not longer than for the period of limitation of the Controller’s claims in relation to the data subject, on account of business activity conducted by the Controller. The limitation period is defined by the law, in particular the Civil Code (the basic period of limitation for claims related to conducting business activity is three years).


  • The purpose of data processing: The use of the Portal and ensuring its proper operation

  • Legal grounds for data processing: Article 6 paragraph 1 f) of the GDPR Regulation (legitimate interest of the Controller) – processing is necessary for the purposes arising from the legitimate interests of the Controller, which consist in running and maintaining the Portal.

  • The period ofdata storage: The data is stored for the duration of the legitimate interest pursued by the Controller, but not longer than for the period of limitation of the Controller’s claims in relation to the data subject, on account of business activity conducted by the Controller. The limitation period is defined by the law, in particular the Civil Code (the basic period of limitation for claims related to conducting business activity is three years).

4) DATA RECIPIENTS ON THE PORTAL

  1. For the proper functioning of the Portal, including for the execution of the concluded Sale Agreements, the Controller must use the services of external entities (such as, for example, software supplier, payment service provider). The Controller uses only the services of such processors who provide sufficient guarantees of implementing appropriate technical and organizational measures, so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects.

  2. The transfer of data by the Controller does not occur in each case and not to all recipients or categories of recipients indicated in the privacy policy – the Controller provides data only when it is necessary to perform a given purpose of personal data processing and only to the extent necessary to achieve it.

  3. Personal data may be transferred by the Controller to a third country, whereby the Controller assures that the data will be transferred only to the country providing an adequate level of protection – compliant with the GDPR Regulation, and the data subject has the opportunity to obtain copies of their data. The Controller transfers collected personal data only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

  4. Personal data of the Portal Users and Users may be transferred to the following recipients or categories of recipients:

  5. entities handling electronic payments or payment cards – in the case of a Customer who uses the electronic payment method or payment card on the Portal, the Controller provides the Customer's personal data to a selected entity handling the above payments on the Portal on behalf of the Controller to the extent necessary to handle payments made by the Customer.

  6. service providers supplying the Controller with technical, IT and organizational solutions enabling the Controller to conduct business activities, including the Portal and Electronic Services provided through it (in particular, the software provider for running the Portal, e-mail and hosting provider and software provider) to manage the company and provide technical support to the Controller) – the Controller provides the collected personal data of the Customer to a selected supplier acting on their behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

  7. providers of accounting, legal and advisory services providing the Controller with accounting, legal or advisory support (in particular accounting offices, law firms or debt collection companies) – the Controller provides the collected personal data of the Customer to a selected supplier acting on their behalf only in the case and to the extent necessary achieve a given purpose of data processing in accordance with this privacy policy.

  8. providers of social plugins, scripts and other similar tools placed on the Portal, enabling the browser of the visitor of the Portal to download content from the providers of the mentioned plugins (e.g. logging in using the login data to the website) and transferring personal data of the visitor for this purpose, including Facebook Ireland Ltd. - The Administrator uses Facebook plugins on the Portal and therefore collects and provides personal data of the Service Recipient using the Portal to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland) to the extent and in accordance with the privacy rules available, respectively, here: https://www.facebook.com/about/privacy/ (this data includes information about the activities on the Portal - including information about the device, websites visited and how to use the services - regardless of whether the Service Recipient is logged in or not to Facebook).

5) PROFILING ON THE PORTAL

  1. The GDPR Regulation imposes on the Controller an obligation to inform about automated decision-making, including profiling, referred to in art. 22 par. 1 and 4 of the GDPR Regulation, and – at least in these cases – relevant information about the rules for making decisions, as well as the significance and envisaged consequences of such processing for the data subject. With this in mind, the Controller provides information on possible profiling in this section of the privacy policy.

  2. The Controller may use profiling on the Portal for direct marketing purposes, but the decisions made on its basis by the Controller do not relate to the conclusion or refusal to conclude the Sales Agreement or the possibility of using the Electronic Services on the Portal. The result of the use of profiling on the Portal may be e.g. a reminder about unfinished activities on the Portal, sending a service proposal that may correspond to the person's interests or preferences. Despite profiling, a given person makes a free decision whether they want to make use of better conditions on the Portal

  3. Profiling on the Portal consists in automatic analyzing or forecasting the behavior of a given person on the Portal, e.g. through the analysis of previous actions taken on the Portal. The prerequisite for such profiling is the Controller’s possession of personal data of a given person in order to be able to send them, e.g. a discount code.

  4. The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects in relation to this person or similarly affects this person.

6) THE RIGHTS OF DATA SUBJECTS

  1. Right of access, rectification, restriction, deletion or transfer - the data subject has the right to request the Controller to provide them with the access to their personal data, rectify, delete them ("the right to be forgotten") or limit their processing and has the right to object to processing and the right to transfer their data. Detailed conditions for the exercise of the abovementioned rights are indicated in art. 15-21 of the GDPR Regulation.

  2. The right to withdraw consent at any time – a person whose data is processed by the Controller on the basis of their consent (pursuant to Article 6 paragraph 1 a) or art. 9 par. 2a) of the GDPR Regulation) has the right to withdraw consent at any time without effect on the lawfulness of the processing, which was made on the basis of the consent before its withdrawal.

  3. The right to lodge a complaint to the supervisory body – a person whose data is processed by the Controller has the right to lodge a complaint to the supervisory body in the manner and mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. The supervisory body in Poland is the President of the Office for Personal Data Protection.

  4. Right to object - the data subject has the right to object at any time – for reasons related to their special situation – to the processing of their personal data based on art. 6 par. 1 e) (task in public interest) or f) (legitimate interest of the Controller), including profiling, on the basis of these provisions. In such a case, the Controller may no longer process such personal data unless the Controller proves that there are valid legal grounds for processing that override the interests, rights and freedoms of the data subject or the grounds for establishment, redress or defense of claims.

  5. Right to object related to direct marketing - if personal data are processed for direct marketing purposes, the data subject has the right to object to the processing of their personal data for such marketing purposes at any time, including profiling, to the extent that the processing is related to such direct marketing.

  6. In order to exercise the rights referred to in this section of the privacy policy, you can contact the Controller by sending a relevant message in writing or by e-mail to the Controller’s address indicated in the beginning of the privacy policy or by using the contact form available on the Portal.

7)COOKIES ON THE PORTAL AND ANALYTICS

  1. This section applies only to the web part of the Portal, available at the internet address less.app.

  2. Cookies are small text information in the form of text files, sent by the server and saved on the side of the person visiting the Web Service (e.g. on the hard drive of the computer, laptop or on the smartphone's memory card - depending on which device is used by Web Service visitors). Detailed information on cookies, as well as the history of their creation, can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.

  3. Cookie files that can be sent via the Web Service can be divided into various types, according to the following criteria:

  4. Due to their supplier:

  5. own (created by the Website Administrator) and

  6. belonging to third parties/entities (other than the Administrator)

  7. Due to their storage period on the device of the person visiting the Website:

  8. session (stored until logging out of the Website or turning off the web browser) and

  9. permanent (stored for a specified period of time, defined by the parameters of each file or until they are manually deleted)

  10. Due to the purpose of their use:

  11. necessary (enabling the proper functioning of the Website),

  12. functional/preferential (enabling the adjustment of the Website page to the preferences of the website visitor),

  13. analytical and performance (collecting information on how to use the Website)

  14. The Administrator may process the data contained in Cookies when visitors use the Website for the following specific purposes:

  15. identification of the Service Users as logged in to the Website and showing that they are logged in (necessary Сookies)

  16. remembering Products added to the basket in order to place an Order (necessary cookies)

  17. remembering data from completed forms, login details and surveys on the Website (necessary and/or functional/preferential Сookies)

  18. adjusting the content of the Website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimizing the use of the Website pages (functional/preferential Сookies)

  19. keeping anonymous statistics showing how to use the Website (analytical and performance Сookies)

  20. remarketing, i.e. research on the behavior of visitors to the Website by anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social Сookies

  21. Checking in the most popular web browsers which Сookies (including the period of operation of cookies and their supplier) are currently sent by the Website is possible in the following way:

  22. In the Chrome browser: (1) in the address bar, click the lock icon on the left, (2) go to the "Cookies" tab.

  23. In the Firefox browser: (1) in the address bar, click the shield icon on the left side, (2) go to the "Allowed" or "Blocked" tab, (3) click the "Cross-site tracking cookies", "Social trackers" or "Content from trackers

  24. In the Internet Explorer browser: (1) click the "Tools" menu, (2) go to the "Internet options" tab, (3) go to the "General" tab, (4) go to the "Settings" tab, (5) click the "View files" field

  25. In the Opera browser: (1) in the address bar, click the lock icon on the left, (2) go to the "Cookies" tab.

  26. In the Safari browser: (1) (1) click the "Preferences" menu, (2) go to the "Privacy" tab, (3) click the "Manage website data" field

  27. Regardless of the browser, using tools available e.g. on the website: https://www.cookiemetrix.com/ lub: https://www.cookie-checker.com/

  28. Most internet browsers available on the market accept Cookies by default. Everyone has the option of specifying the terms of using Cookies by changing the settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the option of saving Cookies - in the latter case, however, it may affect some of the functionalities of the Website.

  29. The web browser settings in the field of Cookies are important from the point of view of consent to the use of Cookies by our Website - in accordance with the law, such consent may also be expressed through the settings of the web browser. Detailed information on changing Cookie settings and their self-removal in the most popular web browsers is available in the help section of the web browser and on the following pages (just click on the link):

  30. in the Chrome browser

  31. in theFirefoxbrowser

  32. in theInternet Explorerbrowser

  33. in theOperabrowser

  34. in theSafaribrowser

  35. in theMicrosoft Edgebrowser

  36. The Controller may use Google Analytics and Universal Analytics services on the Website, provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator keep statistics and analyze traffic on the Website. The collected data is processed as part of the above services to generate statistics helpful in the administration and analysis of traffic on the Website. These data are collective. The Administrator, using the above services on the Website, collects such data as the sources and medium of obtaining visitors to the Website and the manner of their behavior on the Website, information about devices and browsers from which they visit the website, IP and domain, geographic data and demographic data (age , gender) and interests.

  37. It is possible for a given person to easily block information about their activity on the Website - for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.

8)FINAL PROVISIONS

  1. The Portal may contain links to other websites. The Administrator urges that after switching to other websites, read the privacy policy established there. This privacy policy applies only to the Administrator's Portal.



ANNEX 2 TO THE REGULATIONS

LIST OF PRODUCTS AND SERVICES PROHIBITED ON THE PORTAL

Posting an offer to sell the following types of goods and services on the Portal is prohibited:

  • Prescription medicines, medicines, medicinal products and dietary supplements not admitted for distribution;

  • Drugs and narcotic drugs, including power ups, as well as equipment and technology enabling drugs growing, production and trade, etc.;

  • Gambling games without proper authorization;

  • Weapons and ammunition within the meaning of the Act on Weapons and Ammunition as well as gas throwers;

  • Online services containing pornographic content, e.g. chat rooms, video cameras, VOD movies;

  • Goods and services the sale of which is unlawful;

  • Financial products and services, if they are offered as part of activities not subject to the supervision of the competent financial supervision authorities;

  • Goods and services related to pornography, bestiality, violence, content that incites hatred based on national, ethnic, racial and ideological differences, content that violates personal rights;

  • Malware such as rogueware, viruses, etc.

  • Counterfeit goods that infringe copyright and trademarks protecting them;

  • Crowdfunding;

  • Intermediary in accepting payments on behalf of many recipients without legal permits required or not meeting the requirements of card manufacturers / intermediary organizations.


Annex No. 3 to the Regulations

TEMPLATE OF WITHDRAWAL FROM THE AGREEMENT (ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)


A withdrawal form template(this form should be filled in and returned only if you wish to withdraw from the agreement)

– Addressee:

COUNTME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ul. Wyścigowa 56E, 53-012 Wrocław [email protected]

– I / We (*) hereby inform (*) about my / our withdrawal from the agreement for the sale of the following items (*) agreement for the supply of the following items (*) agreement for a specific work involving the following items (*) / for the provision of the following service (*)

– Date of conclusion of the agreement (*) / receipt (*)

– Name and surname of consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only if the form is sent in paper version)

– Date

(*) Delete where inapplicable.

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