1.1 This document (together with any documents referred to herein) sets out the terms and conditions (hereinafter referred to as the “Terms”) under which we will provide Services to you. You can make a printout so that you can refer to it later.
1.2 Working Day: a day other than Saturday, Sunday or statutory holiday in Poland.
1.3 “Event beyond our control” has the meaning given to it in Article 13.
1.4 “Services” mean the services listed on the Website, which we may provide.
1.5 Before you confirm your request for a valuation, please read these Terms and, in particular, our cancellation and refund policy as set out in Article 9, as well as the provisions relating to the limitation of our liability and takeover of civil liability by you as set out in Article 11.
1.6 By ordering any of the Services, you agree to be legally bound by these Terms. If you do not accept these regulations, you will not be able to continue the transaction.
1.7 Portal – a website run at the current address www.valuepedia.co and at the address that complements or constitutes a continuation of this URL and any URL that replaces it.
1.8 Unless otherwise indicated in a given case, all the mentioned legal documents refer to the Polish legislation.
2.1 The owner and operator of this website www.valuepedia.co is the Firm (hereinafter also referred to as the “Company” or the “Seller”) Jakub Kmieciak Consulting (to which, in this document, pronouns such as “we”/”our” refer), (operating under the name “ValuePedia”), registered in Poland with its registered office at the address: Al. Wilanowska 85/13 , 02-765 Warszawa, REGON [National Business Registry Number]: 015675456, NIP [Taxpayer Identification Number]: 7491913333
2.2 – Telephone number: +48 (22) 100 45 15
2.3 E-mail address: [email protected]
3.1 Prices of the Services are listed on the Portal.
3.2 Unless otherwise stated, the prices include VAT.
4.1 Payments can be made in the form of a prepayment, by credit card, debit card, bank transfer, quick bank transfer via Paypal, Przelewy24 or InPay.
4.2 The settlement of electronic payments and payments by card is carried out in accordance with the Client’s choice. If the Client chooses to pay via Przelewy24, the electronic payment and payment by card is operated by: PayPro SA, ul. Kanclerska 15, 60-327 Poznań
NIP [Taxpayer Identification Number]: 779-236-98-87 , REGON [National Business Registry Number]: 301345068 , District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, KRS no.: 0000347935, share capital: PLN 4 500 000
4.3 By placing an order, you agree to charge your bank account/debit card/credit card with the amount stated in the order form.
4.4 The total price for the Services, i.e. 100%, must be paid in advance.
5.1 The User enters into an agreement for the provision of services with the Portal by making an explicit statement of will followed by the Portal’s statement of will to accept the User’s statement, as well as by the actual use of the services provided by the Portal.
5.2. In connection with the use of the services offered by the Portal, the User is bound by the Regulations.
5.3. As part of the provision of services provided for in the Regulations, the Portal is bound by its provisions.
5.4. The technical activities making part of the procedure of entering into an agreement for the provision of services are described in further parts of the Regulations. If such a procedure is not described in detail, the agreement is entered into after the parties have agreed on its content. The above provision does not apply to the delivery of services the description of which includes information that the agreement for their provision is entered into provided that the User undertakes to actually use them.
5.5. The Portal shall confirm the acceptance of the offer, which concerns entering into an agreement, submitted with the use of an appropriate technical procedure, by sending the User an e-mail with a content clearly indicating the fact that the order has been accepted for execution. In this manner, an agreement between the parties for the provision of a specific service is entered into. Otherwise, it should be assumed that it is a response to the offer and does not constitute acceptance of the User’s offer.
5.6. In the event of detection of errors in the content of the e-mail confirming entry into an agreement, the User is obliged to inform the Portal about this fact.
5.7 The services provided for in these Regulations, as well as those not provided for in these Regulations, may also be provided after the parties have agreed on individual terms. In the absence of provisions different from the provisions set forth in the Regulations, it is assumed that in matters not regulated separately the parties are bound by the provisions of the Regulations.
5.8. Pursuant to Article 6(1) of the Act of 2 March 2000 on the Protection of Consumer Rights and Liability for Damage Caused by Dangerous Products, agreements entered into on the basis of the Regulations between the User, who is a consumer within the meaning of applicable laws, and the Portal are distance agreements.
5.9 Copyright, pursuant to the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 on Industrial Property Law and the Act of 27 July 2001 on Database Protection, protects the entire Portal, i.e. all its components, in particular the logo, name, layout, as well as its content, especially text, graphics, photographs, applications and databases.
5.10 The Users may use the Portal and information contained therein only within the scope of permitted use understood as in Article 23(1) et seq. of the Act of 4 February 1994 on Copyright and Related Rights, i.e. primarily within the scope of personal use.
5.11 It is emphasised that the permitted use must not exceed the normal use of the Portal’s resources for personal use and must not be detrimental to the interests of the Portal.
5.12 In connection with the above, it is particularly forbidden to copy it, in whole or in extractable parts, which includes the whole content thereof or its components, especially in return for payment or for commercial purposes.
5.13. The aforementioned activities are possible after obtaining a specific consent, in particular after purchasing an appropriate license.
5.14. Any breach of the provisions concerning copyright protection will result in the Portal, as well as other entitled parties, making claims in civil-law proceedings, as well as in criminal liability resulting from the relevant provisions of law.
5.15. In order to use the Portal, it is necessary for the User to have a device enabling access to the Internet, including software used for browsing its resources and accepting cookies.
5.16. The information contained in the Portal can be accessed if the User uses Windows XP or higher version, or Linux type software, and a web browser, such as: Internet Explorer 6.0 or higher version, Firefox 2.0 or higher version, Opera 6.0 or higher version. The software used by the User may require proper configuration.
5.17 These Regulations shall be effective as of 8 April 2019.
6.1 All orders must be accepted before they can be executed. If we are unable to provide you with the Services specified in your order because of unavailability of key personnel or an Event beyond our control, or because we discover an error in the description of the Services or in the price listed by us, we will inform you accordingly about such fact. The process of execution of your order will not be continued and we will refund the amount you have paid us.
6.2 Any order for the Services that you place constitutes an offer to purchase them from us.
6.3 You agree that if we contact you to acknowledge the receipt of your order, such contact will not mean that we accept your offer to purchase the Services.
6.4 “Confirmation Message” means an email that we send you in order to confirm that we will provide the Services that you have ordered. The Confirmation Message will constitute our acceptance of the offer contained in the order to which such Confirmation relates.
6.5 The Agreement for the provision of Services between you and us (hereinafter referred to as the “Agreement”), which incorporates the version of these Terms in force at the time your order is placed, will come into effect when we send you a Confirmation Message. You may print and keep the copy of the Confirmation Message for later reference.
6.6 If you determine that the Confirmation Message contains errors or if you wish to make any changes, please contact us to discuss the matter. If you request a modification, we will inform you whether it is possible and of any changes in prices or delivery dates, or of any other changes that may result from your request. We will ask you whether you wish to continue the process of execution of your order with the proposed modifications.
6.7 We may:
6.7.1 amend these Terms if there are changes to the applicable laws and regulatory requirements,
6.7.2 amend these Terms if there are changes in the manner in which we accept your payments,
6.7.3 amend the amount paid by you to the extent of amendments made to the VAT included or payable in relation to the price.
6.8. If we make any amendments pursuant to Article 6(7), we will inform you in writing of such changes prior to the commencement of the provision of the Services. You may withdraw from the agreement if any amendment is significantly unfavourable to you.
6.9 Any amendments to these Terms, which have been incorporated into the Agreement, other than those referred to in Article 6(7), will only be binding if accepted in writing and signed by both you and us.
7.1 The Services will be provided in the manner specified by us once we have accepted your order.
7.2 Once we have accepted your order, we will confirm the estimated start and end date of the provision of the Services. We will do our best to provide the Services in accordance with the specified estimated dates and within a reasonable time from the date of acceptance of your order.
7.3 If an Event beyond our control prevents us from providing the Services within a reasonable time from the date of acceptance of your order, Article 13 will apply.
7.4 If we ask you to submit information necessary to us to provide the Services, you will be required to provide us with complete and accurate information by the date we specify or otherwise:
7.4.1 you will be obliged to pay us any reasonable sums that we charge you to finance any additional work that may be required as a result of you providing incomplete or inaccurate information.
7.4.2 you will be obliged to pay us any additional costs incurred by us in connection with the provision of our Services to you that will result from your failure to provide us with such information within the time period specified by us.
7.4.3. we may suspend the provision of the Services by giving you a written notification unless you agree to pay such additional costs.
7.4.4 if we are unable to obtain the information requested from you despite our reasonable efforts and the consequent inability to provide the Services, we may terminate the agreement entered into with you. We will return to you any amounts of money that you have paid, less any reasonable costs incurred by us as a result of our attempt to perform the Agreement.
7.5. We will not be liable for any delays or non-performance resulting from your failure to provide us with complete and accurate information within the time period specified by us.
8.1 If the Services provided by us do not comply with the Agreement as a result of the Services being provided without due care or in an incompetent manner:
8.1.1 you should inform us of the details of the problem as soon as possible;
8.1.2 if we have to perform the Services anew in order to remedy a problem, we will do so at our own expense and as soon as reasonably possible.
8.2 As a consumer, you have rights with respect to services that are not performed with due care or in an incompetent manner. No provision of these Terms infringes such rights.
9.1 Cancellation prior to the receipt of a Confirmation Message
9.1.1 You may choose to cancel the Services you have ordered by notifying us of your cancellation decision at any time prior to us sending you a Confirmation Message.
9.1.2. You may notify us of your cancellation decision by sending us an e-mail to [email protected] containing your cancellation statement with your name, address and reference number of the order.
9.2.1 “Cancellation Period” means a period of 14 days commencing on the date following the date on which we send you a Confirmation Message.
9.2.2. If you wish us to begin the provision of the Services during the Cancellation Period, you must apply to us and confirm that you agree to lose your cancellation rights once the Services have been fully performed.
9.2.3. Unless the Services have been fully performed under the Agreement in accordance with your request and the confirmation referred to in Article 9(2.2) and subject to Article 9(4), you may cancel the Agreement during the Cancellation Period by notifying us of your cancellation decision.
9.2.4 Upon full performance of the Services in accordance with your request and confirmation, you will lose your right to withdraw from the Agreement.
9.2.5. You may notify us of your cancellation decision by sending us an e-mail to [email protected] containing your statement on cancellation of the order with your name, address and reference number of the order.
9.2.6 If you withdraw from the Agreement after we begin to provide the Services on the basis of your request, you must pay us for the Services that we have provided to you before receiving your notification on withdrawal from the Agreement.
9.3 Refunds related to cancellation
9.3.1 Provided that you have cancellation rights and fulfil your obligations under Article 9(2), we will refund you the price you have paid to us, less:
18.104.22.168 the value of the Services we have provided prior to the receipt of your notification on cancellation, together with the amount of VAT applicable to that value.
9.3.2 If the Agreement relates solely to the provision of services, we will refund you the amount specified in Article 9(3.1) within 14 days of receipt of your notification on cancellation.
9.3.3 We will refund you the amount specified in Article 9(3.1) using the same payment method as you had used, unless you agree to a refund using a different payment method.
9.4 Exception to the cancellation right
You will not have a cancellation right in the following situations:
9.4.1. If you have asked us to begin the provision of the Services during the Cancellation Period and confirmed that you agree to lose your cancellation rights after the complete performance of the Services by us.
If you have any comments, doubts or complaints regarding any Services purchased from us, please contact us by telephone: +48 (22) 100 45 15 or by e-mail: [email protected]
11.1 We have a duty to provide the Services to you in accordance with the Agreement, including the duty to ensure that the Services are performed with reasonable care and in a competent manner.
11.2 We cannot exclude our liability for failure to comply with the obligations set out in this subclause. No provision of these Terms shall affect your rights if these obligations are not respected.
11.3 We cannot exclude or limit our liability towards you in the case of:
11.3.1 Death or personal injury resulting from our or our employees’ negligence
11.3.2 Fraud or provision of false information
11.4. We shall be liable for any foreseeable loss or damage you may incur as a result of our breach of the Agreement or our failure to act with reasonable care and skill. The loss or damage are foreseeable if it is clear that they will occur or if at the time of entering into the agreement both we and you know that they may occur, for example, if you discuss this with us during the purchasing process. We shall not be liable for losses that cannot be foreseen.
11.5 You purchase the Services as a consumer. If you purchase the Services for any business purpose, including resale, we shall not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of time for management, loss of business data or losses resulting from the interruption of your business activities.
11.6. We shall not be liable for delays in the performance of the Services if
11.6.1 we have requested that you provide us with certain information that is necessary for the provision of the Services and
11.6.2 you did not provide complete and accurate information or you provided it after the date specified by us.
11.7 The Portal may decide not to grant access to the services provided by the Portal to a User who violates the rules set forth in these Regulations. In particular, it may block the User’s access to the content of the Portal or the account without a refund.
11.8 The Portal reserves the right to exclude its liability for copyright violations if such violations take place without any fault of the Portal and especially in cases where the Portal has made efforts to avoid such violations.
We reserve the right to terminate the Agreement in writing if you fail to make payment to us by the due date and still fail to do so within 14 days of the day on which we have reminded you about your payment obligation.
13.1. Except as required by our obligations under this clause, we shall not be liable for any delay or non-performance, or failure to perform our obligations towards you caused by any act, event, omission, non-performance or accident being beyond our reasonable control (”Event beyond our control”).
13.2. We will take all reasonable steps to minimise delays in meeting our obligations towards you resulting from Events beyond our control.
13.3. We will immediately notify you of any Events beyond our control preventing us from or delaying the performance of our obligations towards you, as well as specify details of such events and (where possible) the extent and likely duration of any such delay.
13.4. The performance of our obligations shall be deemed to be suspended for the duration of the Event beyond our control.
13.5. Upon receipt of our notification about the occurrence of an Event beyond our control, you may terminate the Agreement and we will return to you any money you paid us under the Agreement for the provision of services that we were unable to provide to you.
13.6. If an Event beyond our control prevents us from performing our obligations under this Agreement for a period of 30 consecutive days or more, we shall be relieved of our obligations under this Agreement without any liability towards you, except for the obligations resulting from Article 13(5) above.
14.1 The Controller of personal data processed in connection with the implementation of the provisions of these Regulations is the Company. The personal data are processed for the purposes, in the scope and on the basis of the principles indicated in the Regulations. The provision of personal data is voluntary. Every person whose personal data are processed by the Service Provider has the right to check their content, as well as the right to update and correct them.
14.2 The Service Recipient/Client has the right to access and correct their data. A request in this respect may be submitted in electronic form via e-mail: [email protected]
You authorise us to process and transmit your name, address and other personal data provided by you (including updated information and pictures of the items you would like to evaluate) so that we can:
14.3 obtain information about you from third parties, including credit reports, as well as verify your identity
14.4 provide the Services to you
14.5 carry out verifications to ensure that you have adequate financial resources and that you meet the requirements concerning security and fraud prevention
14.6 transmit information regarding payment and delivery provided by you during the ordering process (including any updated information) to obtain authorisation from your card issuer, bank or payment operator
14.7. verify your name, address and other personal data provided by you during the ordering process in the relevant databases of third parties, including card issuers, credit reference agencies and anti-fraud agencies.
14.8 notify you of similar Services that we provide, although you may contact us at any time and ask us to stop sending you such information.
15.1 Valuation services
On the basis of the Agreement, the Company provides the service of valuation of an item presented in a photograph submitted by the Client. The service consists in the electronic estimation of a value of the submitted item (the highest and the lowest level) that can be achieved, according to the Company, if the item is to be sold without any reservations, on the open market in an international auction with a renowned auctioneer, after carrying out appropriate marketing activities and on the basis of your guarantees and assurances presented below (”Valuation”), at the time of the Valuation.
The Valuation does not include costs associated with sales, commissions and taxes (including capital gains tax, customs duty, excise duty, value added tax or sales tax) which may be applicable or become payable in connection with the sale or transport of an item. Unless otherwise agreed in writing, the Valuation is based on a preliminary examination of the delivered photograph of an item, without physical examination, cleaning, renovation, detailed examination or disassembly as well as without examination of the context in which the item is embedded, further testing or analysis. The valuation constitutes an opinion, not a fact.
The Company aims at preparing the Valuation within 2 working days, in Poland, from the submission of the request by the Client, provided that all information is submitted not later than at 12:00 a.m. on the working day or on the following day. In the event that the period of 2 working days is exceeded, the Client is not entitled to a refund.
In the Valuation, the Company does not make any representations, warranties or assurances with respect to the origin, category, condition, date, age or authenticity of the item. In the Valuation, the Company makes no representations or warranties that the item will be sold in a private or public auction shortly after the Valuation or that it will subsequently reach the amount from the Valuation. In the Valuation, the Company does not guarantee or represent that the item being the subject of the Valuation is safe, efficient or suitable for the purpose for which it was intended.
The Valuation remains covered by the Company’s copyright and is prepared exclusively for the Client, and may not be used by any other person or disclosed to third parties (who are not Client’s professional advisers), or duplicated, or published in any form without the prior written consent of the Company. The Client shall indemnify and hold harmless, for the period of ten years, the Company, its affiliates, employees and agents against any and all liabilities and expenses incurred by the Client as a result of any breach by the Client of the foregoing obligation or as a result any third party claims relating to the Valuation.
The Valuation may not be used for any official or formal purposes, such as (in particular) court proceedings, insolvency or bankruptcy proceedings, divorce proceedings, insurance purposes or any other such purpose. The Valuation is delivered on a specified date (date on which the Valuation is sent to the Client). The Client is entitled to a perpetual, non-transferable license to the Valuation, subject to the Company’s right to revoke or withdraw the Valuation.
15.3 Obligations of the Client
15.4 Price of the Valuation
The price will be in accordance with the price list available on the Company’s website at the time of your request for the valuation of your item. The price includes VAT. The Company reserves the right to change prices at any time and to make special offers and discounts at different times.
15.5 Limitation of the Company’s liability
The Company shall not be liable for any deficiencies (including, in particular, omissions, errors, incorrect categorisation, issues related to the authenticity or imprecise values) present in the Valuation resulting from:
16.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and product availability at any time.
16.2 We do our best to keep the information about the availability of resources on the website up to date. However, we do not guarantee that this will always be the case or that resources will always be available.
16.3 If a competent authority finds any provision of these Regulations to be invalid or unenforceable, in whole or in part, the validity of the remaining provisions of the Agreement or the remaining part of that provision shall not be affected.
16.4 All Agreements may be entered into in Polish or English language versions.
16.5 If at any time during the term of the Agreement we do not insist on a strict performance of any of your obligations under the Agreement or any of these provisions, or if we do not exercise any of the rights or remedies to which we are entitled under the Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you of any of your obligations.
16.6 Our waiver of claims with regard to the non-performance of your obligations shall not constitute a waiver of claims with regard to any subsequent cases of non-performance of your obligations.
17.1 These Terms and the Agreement shall be subject to the laws of Poland and the Polish jurisdiction. However, if you live in the EU, you are always entitled to all mandatory consumer protection measures applicable in your country of residence.
17.2 Detailed information on the possibilities that the Client, who is a consumer, has when it comes to the out-of-court means of complaint processing and enforcing claims, as well as the rules of access to such procedures are available in the offices and on the websites of district (municipal) consumer advocates, whose statutory tasks include the protection of consumers, Provincial Inspectorates of Trade Inspection and under the following on-line addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
17.2.1 The Client who is a consumer has the following examples of possibilities for the out-of-court complaint processing and enforcing claims:
22.214.171.124 The Client is entitled to turn to a permanent arbitration court for consumers, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a motion to resolve a dispute arising out of the Agreement. The regulations for the organisation and the functioning of permanent arbitration courts for consumers are specified in the Regulation of the Minister of Justice of 25 September 2001 on the definition of the regulations for the organisation and the functioning of permanent arbitration courts for consumers. (Journal of Laws of 2001, no. 113, item 1214)
126.96.36.199 The Client is entitled to file a motion with the Provincial Inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, no. 4, item 25, as amended), to initiate mediation proceedings aimed at resolving a dispute between the Client and the Seller in an amicable manner. The information on the rules and procedures of mediation procedure conducted by the Provincial Inspector of the Trade Inspection is available in the offices and on the websites of the Provincial Inspectorates of the Trade Inspection.
188.8.131.52 The Client may obtain free assistance in resolving a dispute between the Client and the Seller by using also the free assistance of a district (municipal) consumer advocate or a social organisation whose statutory tasks include the protection of consumers (e.g. the Federation of Consumers, the Association of Polish Consumers). Counselling is provided by the Federation of Consumers at the free consumer hotline: 800 007 707 and by the Association of Polish Consumers at the e-mail address: [email protected]
17.3 Any possible disputes shall be settled by the Polish Common Courts.
17.4 To all matters not regulated herein, the generally applicable provisions of the Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws of 2002, no. 144, item 1204, as amended); for Sales Agreements entered into as of 25 December 2014 with Clients who are consumers – provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827, as amended); and other applicable provisions of generally applicable law.