§ 1​. GENERAL PROVISIONS

1.     These Terms and Conditions shall govern all use of the livedguides.com online Shop by all Users.

2.     The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Agreement for the Delivery of Digital Content, the course of the complaints procedure as well as the type and scope of electronic services rendered through the livedguides.com online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.

3.     By using the Electronic Services available through the Shop located at livedguides.com, the User agrees to be legally bound and to abide by these Terms and Conditions.

4.     To all matters not settled herein the following provisions of Polish law shall apply:

4.1.   Act on Rendering Electronic Services of 18 July, 2002,

4.2.   Consumer Rights Act of 30 May 2014,

4.3.   Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,

4.4.   Provisions of the Civil Code Act of 23 April, 1964

4.5.   and all other applicable provisions of Polish law.

 

§ 2​. DEFINITIONS FOR THESE TERMS AND CONDITIONS

1.     TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.

2.     SHOP − shall mean the Service Provider’s online Shop located at livedguides.com.

3.     ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.

4.     CONTACT FORM – shall refer to the electronic form available on the website livedguides.com that allows you to send a message to the Service Provider.

5.     ORDER FORM – shall refer to the electronic form available at livedguides.com, required for Order placement.

6.     NEWSLETTER - an Electronic Service that allows the User to subscribe to and receive free information from the Service Provider to the e-mail address provided by the User regarding Products available in the Shop

7.     SERVICE PROVIDER, SELLER – Pawel Pajaczkowski, Rua Heliodoro Salgado 20 R/C DTO, 1170-177 Lisboa, NIF 322822777, e-mail: hello@livedguides.com

8.     USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.

9.     CUSTOMER – shall refer to a User who intends to conclude or has concluded a Sales Agreement or an Agreement for the delivery of Digital Content with the Service Provider.

10.  CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.

11.  ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.

12.  PRODUCT – a movable item or service available in the Shop, which is the subject of the Sales Agreement between the Customer and the Seller.

13.  DIGITAL CONTENT - data generated and provided by the Service Provider in digital form, which is the subject of the Agreement for the delivery of Digital Content.

14.  SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Shop.

15.  AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT - an agreement concluded between the Customer and the Service Provider via the Shop, the subject of which is the Digital Content.

16.  ORDER – shall refer to the Customer’s declaration of intent to enter into a Sales Agreement or an Agreement for the delivery of Digital Content with the Seller.

17.  PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product or Digital Content.

18.  DIGITAL ENVIRONMENT - computer hardware, software and network connections used by the Customer to access or use the Digital Content.

19.  COMPATIBILITY - cooperation of the Digital Content with computer hardware or software that is usually used to use the same type of Digital Content, without the need to transform it.

20.  FUNCTIONALITY - the ability of the Digital Content to perform its functions, taking into account its purpose.

21.  INTEGRATION - connection of the Digital Content with elements of the Customer's Digital Environment and its inclusion in these elements in order to ensure compliance with the Agreement for the delivery of Digital Content 

22.  INTEROPERABILITY - the ability of the Digital Content to interact with computer hardware or software other than those normally used to use the same type of Digital Content.

 

§ 3​. INFORMATION REGARDING PRODUCTS AND DIGITAL CONTENT AND ORDERING THEM

1.     The Shop located at livedguides.com store sells Products and Digital Content via the Internet.

2.     Products offered through the Shop are new, in accordance with the contract and have been legally introduced onto the market.

3.     The Digital Content offered on the Shop is Functional, Compatible and Interoperability with equipment that meets the technical requirements indicated in their description on the Shop and/or in these Terms and Conditions.

4.     The information provided at livedguides.com does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product or Digital Content under the terms set forth them description.

5.     The Product or Digital Content Prices at livedguides.com are given euros (EUR) and include taxes and duties. The prices do not include delivery fees.

6.     The Product or Digital Content Prices at livedguides.com only become binding when the Customer has placed an Order. This Price is unaffected by any price changes once the Order has been placed.

7.     The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Product Prices. Next to the information about the discount of the Product, the Seller shows the lowest Price of this Product, which was in force in the period of 30 days before the introduction of the reduction, and if the Product is offered for sale in a period shorter than 30 days - the Seller shows the lowest Price of the Product, which was in force in the period from the date of offering this Product for sale until the date of introduction of the discount.

8.     Orders can be placed through the through the website 24 hours a day, 365 days a year by completing an Order Form at livedguides.com

9.     The condition for placing an Order in the Shop by the Customer is to read the Terms and Conditions and accept its provisions at the time of placing the Order.

10.  Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.

11.  If a given Digital Content is subject to updates, the Seller informs the Customer about the updates and the consequences of not installing them:

11.1.  in the case of providing Digital Content on a continuous basis - throughout the entire duration of the Agreement for the delivery of Digital Content,

11.2.  in the case of providing Digital Content on a one-off basis or in parts - for the time reasonably expected by the Customer, taking into account the purpose of using the Digital Content as well as the circumstances and nature of the Agreement for the delivery of Digital Content.

12.  The Customer is obliged to install updates provided by the Seller within a reasonable time. Failure of the Customer to install the update in accordance with the instructions provided by the Seller and after informing the Customer about the consequences of failure to install the update shall result in the exclusion of the Seller's liability for the lack of compliance of the Digital Content with the Agreement.

 

§ 4​. CONCLUDING AGREEMENTS

1.     In order to conclude a Sales Agreement or an Agreement for the delivery of Digital Content, the Customer must place an Order, in accordance with the rules set forth under § 3 points 8 and 9 of the Terms and Conditions, by choosing one of the methods made available by the Seller.

2.     After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.

3.     Receiving an Order confirmation from the Seller, referred to in point 2 of this paragraph binds the Customer with his Order. The Order confirmation and acceptance is sent to the Customer via email.

4.     The Order confirmation email shall include the following elements:

4.1.   confirmation of all relevant Order details,

4.2.   withdrawal from the agreement,

4.3.   these Terms and Conditions containing information on the right of withdrawal.

4.4.   confirmation of the Seller about the loss by the Consumer or the entity referred to in § 10 of the Terms and Conditions of the right to withdraw from the Agreement for the delivery of Digital Content, in which the subject is Digital Content not delivered on a tangible medium.

5.     After receiving the confirmation email, as set forth under point 4 of this paragraph, the Sales Agreement or Agreement for the delivery of Digital Content between the Customer and the Seller is finally concluded.

6.     Each Sales Agreement or Agreement for the delivery of Digital Content will be confirmed by a proof of purchase, which will be attached to the Product and / or sent by e-mail to the Customer's e-mail address provided in the Order Form.

 

§ 5​. METHODS OF PAYMENT

1.     The Seller provides payment via electronic payment systems (Przelewy24.pl)

2.     All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected banks. 

3.     The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement or Agreement for the delivery of Digital Content within 15 minutes of placing the Order, unless the Agreement provides otherwise.

4.     The Product will be shipped and the Digital Content delivered only after payment has been made.

 

§ 6​. COST, DATE AND METHODS OF PRODUCT DELIVERY AND DELIVERY OF DIGITAL CONTENT

1.     Product delivery:

1.1.   Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.

1.2.   The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:

1.3.   The time for completing the Products is 1 business days from the moment of positive authorization of the transaction by the electronic payment system,

1.4.   The delivery of Products that are movable items by the carrier takes place within the period declared by the carrier is 2 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays),

1.5.   Products purchased in the Shop are shipped via a courier company

2.     Delivery of Digital Content not recorded on an intangible medium:

2.1.   The Digital Content is delivered after the deadline for withdrawing from the Agreement for the delivery of Digital Content, unless the Customer has previously given express consent to the delivery of the Digital Content before the expiry of this deadline,

2.2.   subject to point 2.1, delivery of the Digital Content takes place immediately, i.e. within a maximum of 24 hours from the positive authorization of the transaction by the electronic payment system,

2.3.   Digital Content will be delivered via e-mail to the Customer's e-mail address provided in the Order Form,

2.4.   The Customer has the option of indefinite access to the Digital Content and downloading it to his device,

2.5.   The Seller provides the Customer with the Digital Content in the latest available version.

 

§ 7​. COMPLAINT FOR NON-COMPLIANCE​ PRODUCT OR DIGITAL CONTENT WITH A CONTRACT

1.     The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product or Digital Content with the contract are specified in the Act on Consumer Rights of May 30, 2014.

2.     The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur, referred to in § 9 of the Terms and Conditions, under the warranty are specified in the Civil Code Act of April 23, 1964.

3.     The Seller is liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the lack of compliance of the Product with the contract, existing at the time of delivery of the Product and disclosed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting on its behalf is longer.

4.     The Seller is liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the lack of compliance of the Digital Content with the Agreement:

4.1.   if the Digital Content is delivered to the Customer continuously - throughout the duration of the Agreement,

4.2.   if the Digital Content is delivered once or in parts - the Seller is liable for any lack of compliance with the contract existing at the time of delivery of the Digital Content and disclosed within 2 years from that moment,

5.     The Customer is obliged to cooperate with the Seller in order to determine whether the lack of compliance of the Digital Content with the Agreement results from the features of the Customer's Digital Environment.

6.     Notification of non-compliance of the Product or Digital Content with the contract and submission of an appropriate request may be made via e-mail to the following address: hello@ livedguides.com or in writing to the following address: Rua Heliodoro Salgado 20 R/C DTO, 1170-177 Lisboa.

7.     The above message in written or electronic form should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller.

8.     To assess the non-compliance of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense.

9.     The Seller will respond to the Customer's request immediately, no later than within 14 days of receiving it.

10.  In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.

11.  The Customer may first demand that the Product be replaced or repaired by the Seller, and in the case of Digital Content - that the Digital Content be brought into compliance with the Agreement. The Customer may request a price reduction and withdrawal from the contract only in the cases specified in the Act on Consumer Rights of May 30, 2014 (including when the non-compliance of the goods or Digital Content with the contract is significant, when the Seller refused to deliver the goods or Digital Content to comply with the contract or in the event that the lack of conformity of the goods with the contract persists despite the fact that the seller has tried to bring the goods or Digital Content into compliance with the contract),

12.  In connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall:

12.1.  covers the costs of replacement or repair and re-delivery of the Product to the Consumer,

12.2.  brings the Digital Content into compliance with the Agreement at its own expense,

12.3.  reduces the price of the Product or Digital Content (the reduced price must be in the proportion of the price of the goods/Digital Content consistent with the contract to the goods/Digital Content inconsistent with the contract, and additionally, if the Digital Content is delivered in parts or continuously - take into account the time during which the Digital Content was inconsistent with the Agreement) and returns the value of the reduced price to the Consumer or the entity referred to in § 10 of the Terms and Conditions no later than within 14 days of receiving the authorized declaration of this Consumer or the entity referred to in § 10 regarding the price reduction,

12.4.  in the event of authorized withdrawal from the contract by the Consumer or the entity referred to in § 10 of the Terms and Conditions - the Seller refunds the price of the Product or Digital Content no later than within 14 days from the date of receipt of the returned goods or proof of its return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to immediately return the goods to the Seller at the Seller's expense, and in the case of Digital Content - to stop using it.

13.  The response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.

14.  The Seller is not entitled to demand payment for the time during which the Digital Content was inconsistent with the Agreement, even if the Customer actually used it before withdrawing from the Agreement.

15.  The Seller is obliged to refund the price only in part corresponding to the Digital Content that is inconsistent with the contract and the Digital Content the obligation to deliver was eliminated as a result of withdrawal from the contract.

 

§ 8​. RIGHT TO WITHDRAW

1.     With the reservation of point 10 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions who concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 calendar days. To meet this deadline, it is enough to send a declaration of withdrawal from the contract provided by the Shop.

2.     In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.

3.     In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Rua Heliodoro Salgado 20 R/C DTO, 1170-177 Lisboa.

4.     The Consumer or the entity referred to in § 10 of the Terms and Conditions is responsible for reducing the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity about which referred to in § 10 about the method and deadline for exercising the right to withdraw from the contract and the model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and check the Products only in the same way as they could do it in a stationary store.

5.     Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with its delivery costs using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to another method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the return will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.

6.     If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to reimburse them for any additional costs incurred.

7.     If the Seller has not offered to collect the Product himself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, he may withhold the refund of payments received from the Consumer until the goods are received back or delivered by the Consumer or the entity referred to in § 10 of the Terms and Conditions, proof of its return, depending on which event occurs first.

8.     The consumer or the entity referred to in § 10 of the Terms and Conditions who withdraws from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.

9.     The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract is counted as:

9.1.   for a contract under which the Seller delivers the goods and is obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party other than the carrier indicated by them) took possession of the Product,

9.2.   for a contract that covers many goods that are delivered separately, in batches or in parts - from taking possession of the last goods, batches or parts thereof

9.3.   for a contract involving the regular delivery of goods for a specified period of time - from taking possession of the first of the goods,

9.4.   for other contracts - from the date of conclusion of the contract.

10.  The right to withdraw from a distance contract is not available to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of the Agreement:

10.1.  in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to meet his individual needs,

10.2.  in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,

10.3.  in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things,

10.4.  for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has completed the service, he will lose the right to withdraw from the contract, and has accepted this to the news,

10.5.  in which the subject of the service is goods that deteriorate quickly or have a short shelf life.

10.6.  in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,

10.7.  for the supply of Digital Content not delivered on a tangible medium for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract, and took note of this and the Seller provided confirmation to the consumer.

11.  Both the Seller and the Customer have the right to withdraw from the Agreement if the other party fails to perform its obligation within a strictly specified period.

 

§ 9​. TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)

1.     This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and Conditions.

2.     The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.

3.     The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.

4.     The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.

5.     Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.

6.     The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.

 

§ 10​. PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1.     An Entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.

2.     A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:

2.1.   prohibited contractual provisions - the so-called abusive clauses,

2.2.   liability for non-compliance of the Digital Content with the contract,

2.3.   the right to withdraw from a distance contract,

2.4.   rules for an Agreement for the delivery of Digital Content or a digital service.

3.     The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.

4.     Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.

 

§ 11​. TYPE AND SCOPE OF ELECTRONIC SERVICES

1.     The Service Provider grants access to the following Electronic Services:

1.1.   Concluding Sales Agreement or Agreement for the delivery of Digital Content via the Order Form,

1.2.   Newsletter,

1.3.   sending a message via the Contact Form.

2.     These Terms and Conditions shall apply to all Electronic Services provided through livedguides.com

3.     The Service Provider reserves the right to display advertising content at livedguides.com Advertisements are an integral part of the online Service front and the materials presented therein.

 

§ 12​. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

1.     The Electronic Services set forth under § 11 point 1 of these Terms and Conditions are free of charge.

2.      Term of the agreement:

2.1.   Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.

2.2.   Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.

2.3.   Electronic Services Agreements enabling the the Contact Form is concluded for a definite period of time and is terminated when the User ceases to use this Service.

3.     End-user hardware, network and software requirements for the ICT system used by the Service Provider:

3.1.   a computer (or a mobile device) with an active Internet connection,

3.2.   access to email account,

3.3.   Internet browser,

3.4.   enabling cookies and Javascript in the Internet browser.

4.     The User agrees to use the Service in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.

5.     The User is obliged to provide accurate and complete information to the Service Provider.

6.     The User is prohibited from providing any unlawful or illegal content.

 

§ 13​. COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

1.     Complaints about Electronic Services provided via livedguides.com should be submitted via email to hello@livedguides.com

2.     All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.

3.     All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.

4.     A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

 

§ 14​. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

1.     Terminating an Electronic Services Agreement:

1.1.   Continuing and indefinite-term Electronic Services Agreements (Newsletter) may be terminated.

1.2.   The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: hello@livedguides.com

1.3.   The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature if the Service User violates the Terms and Conditions, in particular when he provides illegal content after an ineffective prior request to stop the violations and set an appropriate deadline. In such a case, the contract expires after 7 days from the date of submission of the declaration of will to terminate it (notice period),

1.4.   The notice of termination leads to a cessation of legal relations with the effect for the future.

2.     Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

 

§ 15​. INTELLECTUAL PROPERTY

1.     The compilation of all content at livedguides.com (with the stipulation of § 15 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Paweł Pajączkowski trading as PAWEŁ PAJĄCZKOWSKI, Rua Heliodoro Salgado 20 R/C DTO, 1170-177 Lisboa, NIF: 322822777, email: hello@livedguides.com The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at livedguides.com without the consent of the Service Provider.

2.     Any use or reproduction of the content of the website located at livedguides.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.

3.     All trade names, Product names, company names and their logos used on the Service website at livedguides.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Service website at livedguides.com are used for informational purposes.

 

§ 16​. FINAL PROVISIONS

1.     These Terms and Conditions are subject to Polish law. However, the choice of law does not deprive Consumers concluding a contract in accordance with these Terms and Conditions of the rights arising from the mandatory provisions of the law of the country in which they have their permanent residence.

2.     In the event of inconsistency of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.

3.     If the Digital Content is delivered to the Customer continuously or in parts, the Seller is entitled to make changes to it in order to correct it and improve its functionality. These changes do not cause any costs for the Customer.

4.     The Seller informs the Customer about the changes referred to in point 3 in a clear and understandable manner, and if the introduced change affects the Customer's access to the Digital Content and its use, the Seller informs the Customer about it in advance and by sending it on a permanent information medium about

4.1.   the date of making the change,

4.2.   properties of the change,

4.3.   the right to terminate the contract without observing the notice period within 30 days from the date of making the change or informing about this change, if the notification took place later than the change - § 8 points 12-14 of the Terms and Conditions shall apply in this situation accordingly.

5.     The Seller is released from the obligation referred to in point 4 of this paragraph if he has provided the Customer with the right to keep the Digital Content in accordance with the contract unchanged without additional costs.

6.     Any disputes arising from Agreements between the Shop and Customers will be resolved first through negotiations, with the intention of ending the dispute amicably, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for any of the parties, disputes will be resolved by a competent common court, in accordance with point 7 of this paragraph.

7.     Court settlement of disputes:

7.1.   any disputes arising between the Service Provider and the User (Customer) who is also a Consumer or the entity referred to in § 10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,

7.2.   any disputes arising between the Service Provider and the User (Customer) who is not also a Consumer, referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the seat of the Service Provider.

8.     Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.

9.     Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/