Terms and Conditions of „Katalogkapsli.pl” Website

§ 1
Terms

Terms used in the following document shall have the meaning as stated below:

Account – the Website's free of charge function (service) regulated by these Terms and Conditions, enabling the User to set up an individual Account on which User’s data are collected;

Offer – an offer to conclude a Transaction between Users, submission of which is facilitated by the Services available on the website, but takes place without the impact and participation of the Service Provider.

Terms and Conditions – this document, including all subsequent amendments or changes.

Extended version of the Services - a type of Services available on the Website only after the purchase of the access by the User;

Website - katalogkapsli.pl website, available under: https://katalogkapsli.pl/.

Goods – Bottle caps, goods similar to bottle caps or bottle cap items (including pads, wrappers, labels or replacement caps).

Transaction - all contracts of sales, exchange agreements, similar or other agreements, concluded and executed by and between the Users. All contracts and agreements between Users are concluded without the participation of the Service Provider.

Services - all services offered by the Service Provider on the Website, described in detail in § 4 of the Terms and Conditions.

Service Provider – the person offering Services and maintaining the Website. The site is run by

User – any person or entity using the Website;

§ 2
Preliminary provisions

  1. The following Terms and Conditions provides the rules for the use of the Website and the provision of Services by the Service Provider.
  2. The aim of the Website is to promote the collection and interest in Goods, to enable the Users to organise the Goods in possession of the Users and to create conditions to facilitate the Users to exchange Goods.
  3. Demonstrating any illegal content is strictly prohibited on the Website.

§ 3
User’s Account

  1. Access to part of the Services depends on registration of the Account by the User.
  2. Account registration is free of charge. The registration takes place by filling in at least all the mandatory fields of the electronic registration form, available under the Tab "REGISTER!" Tab on the Website, after familiarizing and accepting the Terms and Conditions and the Privacy Policy by the User.
  3. By adding filling in the registration form, the User agrees to their public display.
  4. Each user can register only one Account.
  5. The Service Provider is not responsible for false data provided by the User in the registration form. All contact details are provided by the User under his own responsibility.
  6. The User may at any time end the use of the Services and delete the Account by pressing the relevant button in the “PROFILE” tab.

§ 4
Services

  1. Through the Website, the Service Provider offers the Services to the Users. Access to the Services depends on logging on the User's Account and on the purchase of access to the Extended version of the Services.
  2. A User who has not logged on the Account has access to the Services in the form of:
    1. services that allow you to browse the catalogue of Goods organised by categories, divided into tabs.
  3. The User who logged on the Account has access to the Services described in section 2 and:
    1. the Services that allow the edition and viewing of the status of the Goods collection;
    2. services that allow viewing Goods owned by the other Users;
    3. services allowing to view a list of active Users logged onto the Website within the last 6 months and to review the status of the Goods collection of these Users;
  4. A User who on the terms described in § 5 of the Terms and Conditions, has purchased access to the Extended version of the Services, has access to the Services described in section 2 and section 3 and:
    1. service for generating pictorial and classic lists of missing and doubling Goods as well as the advanced classic lists of missing Goods of the User;
    2. print service of missing Goods from the collection and the Goods from updates made on the Website;
    3. the Service of viewing the popularity of the Goods;
    4. the Service allowing the access to the list of Users and Products held by Users, containing data on the possibility of mutual contact and exchange of Goods with other Users, logged onto the Account and having access to the Extended version of the Services (Exchange Tab);
    5. service of viewing the charts on lists of missing Goods;
    6. brewery search engine service;
    7. the service of creating own groups of the User's Goods.
  5. The Service Provider declares that he is solely entitled to all copyrights and moral rights to the graphic layout of the Website, and the scope and type of Services provided is a manifestation of the Service Provider's creative initiative. The Service Provider shall bear the right to change the type and scope of the Services, including but not limited to the Service Provider’s right to perform any changes to the Goods catalogues, including adding, moving, deleting or changing the numbering of the Goods. The performed changes shall not constitute a basis for the Users to seek any compensation, redress, claim for damages, restitution or withdrawal from the contract.

§ 5
Rules for Extended version of the Services

  1. The User receives access to the Extended version of Services after the purchase thereof. The option to purchase the Extended version of the Services is available, for example, after clicking the "PROFILE" tab and then "Subscription" tab or also after clicking the "EXCHANGE" tab and waiting for a few seconds for the new window to load.
  2. The User receives access to the Extended version of Services for monthly periods. The access fee is PLN 6 for each commenced month.
  3. The User may purchase access to the Extended version of the Services immediately for more than one month. In this case, the User's fees are as follows:
    1. for the purchase of access for 3 monthly periods - a fee of PLN 16,
    2. for the purchase of access for six monthly periods - a fee of PLN 31,
    3. for the purchase of access for 12 monthly periods - a fee in the amount of PLN 59.
  4. Fees for access to the Extended version of the Services are paid through Dotpay sp. Z o.o. and PayPal (Europe) S.a.r.l. et Cie, S.C.A. The Service Provider does not have access to any financial data regarding the payment transaction, except for information about the User's payment from the given ID number from the Website.

§ 6
Complaints

  1. The complaint on the Website may only refer to the User's lack of access to the Extended version of the Services in a given period, despite the purchase of access for such given period.
  2. In order to submit a complaint, a User, who despite making the purchase did not get the access to the Extended version of the Services, shall report the problem to the Service Provider, with a detailed justification of the issue, via e-mail sent to the address given in § 10 of the Regulations. The complaint shall be null and void unless the confirmation of the transfer of the access fee for access to the Extended version of the Services shall be attached to the above-mentioned application.
  3. The Service Provider will review the User's complaint within 14 days from the day of obtaining and provide the User with the decision whether the complaint was accepted / rejected.
  4. Issues remaining in relation to the payment transactions on websites referred to in §5 para. 4 of the Regulations, cannot constitute the subject of a complaint and should be reported directly to the aforementioned websites.
  5. The User’s use of the Services and the Website shall be understood as the User’s consent to the commencement of providing the Services by the Service Provider before the end of the 14-day withdrawal period referred to in Article. 27 of Consumer Law, dated May 30, 2014. Simultaneously, the Service Provider informs the User that the consent above means that the User has no right to withdraw from the contract.

§ 7
Disclaimer of liability

  1. The Service Provider shall bear the liability for the provided Services on the basis of civil code provisions.
  2. The Service Provider shall not be liable for any content and behaviour coming from the Users, during or as a result of using the Services offered on the Website by the Service Provider or for the User’s Offers, acceptance of the Offer by another User, improper performance or lack of performance of the Transactions, as well as for the consequences of any actions taken by Users and third parties which constitute a violation of the provisions of this Terms and Conditions. In particular, the Service Provider is not responsible for the quality, authenticity, safety or legality of the Goods sold on the basis of the Offer, the ability of Users to enter the contract, the solvency of Users and the authenticity and accuracy of information provided by Users.
  3. The Service Provider is entitled to block access to the User's Account and Services in the event of the User acting to the detriment of the Service Provider, Site or other Users, violation of the provisions of law or provisions of the Terms and Conditions by the User, as well as when blocking the access is justified by safety reasons - in particular by the User overcoming the security measures of the Store's website or other hacking activities. The blocking of access for the aforementioned reasons lasts for at least the period necessary to resolve the issues being the basis for blocking. The Service Provider notifies the User about blocking access to selected services electronically.

§ 8
Personal data protection

All provisions regarding the processing and protection of personal data are contained in the "Privacy Policy" tab.

§ 9
System requirements and Software

  1. Users are able to use the Sites and Services on the Website via The Internet.
  2. The Service Provider will be trying to take all necessary measures to ensure that the use of the Website is possible through all popular web browsers, operating systems, device types. However, it is recommended to use the current versions of the browsers: Chrome, Opera, Firefox, Safari.

§ 10
Contact

The User may contact the Service Provider in regard to services provided electronically under this Terms and Conditions via the following e-mail address: kontakt@katalogkapsli.pl.

§ 11
Final provisions

  1. The content of this Terms and Conditions may be printed, saved or downloaded from the Website.
  2. This Terms and Conditions are subject to Polish law. To the extent not covered in This Terms and Conditions, the relevant provisions of the Civil Code and the Act on the provision of electronic services shall apply.
  3. This Terms and Conditions have been prepared in Polish as the official language version. Terms and Conditions may be translated into other languages, with the exception that such translation shall not have the power of an authentic text. In case of any discrepancies between the language versions of the Terms and Conditions, the Polish version shall prevail.
  4. The Service Provider shall have the right to change this the Terms and Conditions. All changes to this Terms and Conditions shall be effective from the date of their placement on the Website, unless otherwise specified by the Service Provider. The Website will inform Users about the change of the Terms and Conditions by electronic means. Using the Services or the Website after the changes to the Terms and Conditions shall be understood as the acceptance of the version of thereof. In the event of the lack of acceptance thereof, the User is obliged to delete the Account and / or stop using the Website and the Services.
  5. All disputes related to the use of the Website shall be resolved by the competent Court in Gdańsk.
  6. The Terms and Conditions come into force starting from 17.02.2019.

Last modified: 20.01.2019


Privacy Policy of „Katalogkapsli.pl” Website

§ 1
Privacy Policy

  1. The following Policy of Privacy is to clarify the rules and scope of the User’s personal data processing by the Service Provider and the Website as well as the Service Provider obligations as the Data Controller.
  2. The terms used in the Terms and Conditions of “Katalogkapsli.pl” website shall apply to this Privacy Policy. The words referring to Terms, used in § 1 of the Terms and Conditions of “Katalogkapsli.pl” Website shall be understood as stated therein, providing that they were written with capital letters.

§ 2
Data Controller

is the Data controller of User’s data.

§ 3
Purpose of the processing

Service Provider processes the personal data of the Users to properly perform the Services available on the Website. The aforementioned means that such User’s data is needed in particular for:
- registration of the Account on the Website,
- the use of the Services, including the Extended type of Services,
- the use of the complaint procedure, enclosed in § 7 of Terms and Conditions.

§ 4
Type of data

Service Provider processes the following personal data, necessary for:

  1. Logging on the Website:
    - first and last name,
    - e-mail address,
    - account name,
    - place of residence,
  2. Using the Services:
    - first and last name,
    - e-mail address,
    - account name,
    - place of residence,
  3. Data provided by the User during the Complaint procedure:
    - first and last name,
    - e-mail address,
    - account name,
    - place of residence,
    - data regarding the purchase of the access to Extended version of the Services,
  4. Data optionally provided by the User:
    - the website

§ 5
Legal basis for data processing

  1. Users personal data are processed in accordance with Regulation 2016/679 of the European Parliament and of the Council (EU) of 27 April 2016.
  2. User’s personal data are processed and made available to the recipients at the consent of the User, expressed at the moment of registering an Account on the Website.
  3. The consent for the processing of personal data is completely voluntary but failure to give the consent makes it impossible to register the Account on the Website and limits the access to part of the Services.
  4. In connection with the processing of User’s personal data, the User shall have the following rights:
    1. At any time the User may, without stating any reason, withdraw the consent for data processing. The withdrawal may refer either to a selected purpose of processing or to all purposes of processing. Withdraw of the consent to all purposes of processing will result in the User’s Account on the Website being deleted and User’s data will no longer be processed by the Service Provider. Withdrawal of the consent will not affect any activities performed prior to such withdrawal.
    2. At any time the User may request, without stating any reason, to erase user’s personal data. A request to erase the data will not affect any activities performed prior to such request. Data erasure means that User’s Account on the Website will be deleted and User’s data will no longer be processed by the Service Provider.
    3. At any time the User may object to the processing of User’s personal data, whether completely or in reference to a chosen purpose. Such objection will not affect any activities performed prior to such objection. Lodging an objection means that the User’s Account on the Website will be deleted and User’s data will no longer be processed by the Service Provider.
    4. The User may request the Service Provider to limit the processing user’s personal data in regard to either time or scope and the Service Provider is obliged to act accordingly to such request. The request will not affect any activities performed before prior to it.
    5. At any time, the User may require the Service Provider to correct or rectify User’s personal data. The User is able to correct and rectify the data independently, under the “PROFILE” bookmark.
    6. The User may require the Service Provider to transfer any of User’s data to any third party. For this purpose the User shall contact the Service Provider via the email address stated in § 7 below, state the name and address of the entity to which the Service Provider is to transfer the User’s personal data, as well as the scope thereof. The transfer will take place electronically once the request is confirmed by the User. The aforementioned confirmation is required for the purpose of ensuring the security of User’s personal data and to ascertain that the request comes from an authorised person.
    7. The User may at any time request the Service Provider to provide information on the scope of processing of User’s personal data.
  5. The Service Provider is to inform the User of receiving each of requests about the actions taken by the Service Provider, no later than within a month from receiving each of requests.

§ 6
Personal data retention period

  1. User’s personal data are retained until the User’s Account on the Website is deleted. The deletion of the User Account may be deleted by the User, as well as due to the withdrawal of the consent for data processing, filing the objection to personal data processing or the User request to erase the data.
  2. After the deletion of the Account, Service Provider and the Website will only retain such scope of information as allowed by the law.

§ 7
Communications related to personal data

The User can send to the Service Provider any notices or requests regarding the personal data by e-mail to: kontakt@katalogkapsli.pl.

§ 8
Entrusting data processing and Data Recipients

  1. The Service Provider may entrust personal data processing to entities remaining in cooperation with the Service Provider, within the scope necessary for providing the Services.
  2. Upon the User's consent given at the moment of creating the Account, for the performance of Services, including Services related to enabling Users to contact other logged Users, the Service Provider makes available the User's data in the form of name, name of the account and e-mail address of logged Users. Lack of consent for the above shall result in limitation of the scope of Services available to the User, resulting in the possibility of some of the Services being unavailable to the User.
  3. Users’ personal data, with the exception for the purposes specified in this Privacy Policy, will not be in any way made available to third parties, including but not limited to other entities, for marketing and advertising purposes of any third-party.
  4. The Users’ personal data are not transferred outside the European Union.

§ 9
Cookies

  1. The website uses "cookie" files. Cookies are small files that allow the Web-browsing device (e.g. computer, smartphone, etc.) to store particular information of itself while being used. Information recorded in cookie files is used, in particular, for advertising and statistical purposes, as well as to adapt the Website to the individual needs of the Users.
  2. Cookie files are used by the Website in order to:
    1. adjust the content of the Website to Users' preferences and optimise the use of the Website; in particular, these files allow to recognize the User's device and properly display the Website, adapted to the individual needs of the User;
    2. create statistics that help understand how the User uses the Website, allowing for the improvement of its structure and content.
  3. The Service Provider uses two types of cookies: ‘session cookies’ and ‘persistent cookies’. Session cookies are temporary files that are stored on the end device until the User leaves the Website or turns off the software (web browser). Persistent cookies are stored on the end device for the time specified in the cookie file parameters or until they are deleted.
  4. Local Storage and Session Storage variables (collectively referred to as Web Storage) are similar to cookies, with the exception that they are not send to the each time Website by the web browser. Both cookies and Web Storage variables can be deleted after closing the User's browser (session cookies and Session Storage variables) or stored longer (Local Storage variables).
  5. The Website uses the following types of cookies:
    1. "necessary" cookie files, allowing the User to use the services available on the Site, e.g. authentication cookies used for services that require authentication on the Website;
    2. cookies for security purposes, e.g. used to detect fraud in the scope of authentication within the Website;
    3. "performance" cookie files, enabling the collection of information about the use of the Website;
    4. "functional" cookie files, allowing "to store" settings selected by the User and personalise the interface, e.g. the selected language or region which the User is connecting from, font size, page appearance, etc.
  6. In case of the User not willing to have the cookie files installed on the device, the User may refuse to install cookies in the following way:<
    1. In Microsoft Edge browser: select option: "Settings" from the main menu, then option: "Display advanced settings" and specify the level of privacy in the "Privacy and services" section,
    2. In Mozilla Firefox browser: select option: "Tools" from the menu, then option: "Options" and specify the level of privacy in the "Privacy" section,
    3. In Opera browser: select option: "Tools" from the menu, then from option: "Preferences" select option: "Advanced" and then option: "Cookies",
    4. In Google Chrome browser: from the menu on the right select "Options", then select option: " Advanced" and option: "Cookie settings",
    5. In Safari browser: select "Safari" in the Settings menu and then select option: "Block cookies" in the Privacy and Protection section.

The above-mentioned ways to deny consent may vary. These are examples of typical browser types. In most browsers, this type of cookie information can be found in the "Tools" or "Options" menu.

Restrictions on the use of cookies may affect some of the functionalities available on the Website.

§ 10
Declaration on data protection by Google Analytics

The Website use the web service analysis mechanisms of Google Inc. (”Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA “): Google Analytics, Google Double Click and Google Tag Manger. Google Analytics, Google Double Click and Google Tag Manger use cookies to analyse how websites are used. The information collected by cookies is transmitted to Google servers in the USA and archived.

If the IP anonymisation function is activated while using the Website, User’s IP is abbreviated by Google. This applies to European Union member states and other states listed in the Agreement on the European Economic Area. Only in special cases is a full IP address sent to the Google server in the USA, where it is abbreviated. In this way the IP address anonymisation function will be active on Website. At the request of the Website operator, Google uses the collected information to analyse the Website use by the Users and to prepare reports on the use of the website and of other services connected with Internet use. The IP address communicated by the User’s browser within Google Analytics is not kept together with other Google data.

The User may block the saving of cookies in the web browser. However, this will render taking full advantage of all the website functions impossible. In addition, the User may block the saving of the website use data (IP address included) collected by the cookies and their transmission to Google as well as their sharing by Google by downloading and installing the plugin available on: https://tools.google.com/dlpage/gaoptout?hl=pl.

Last modified: 20.01.2019