THE REGULATIONS OF MOBILE APPLICATION SHOPTROTTER
§1. GENERAL PROVISIONS
1. The hereby regulations refer to the electronically supplied services provided through the SHOPTROTTER mobile application.
a) Administrator – SHOPTROTTER Sp. z o.o., with headquarters at ul. Racławicka 58, 53-146 Wrocław, NIP (Tax Identification Number): 8992785852, REGON number: 36394148300000, registered in the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under the KRS number: 0000606621, the share capital 5000,00 PLN (fully paid), e-mail address: [email protected], managing the SHOPTROTTER mobile application,
b) User – natural person with full capacity for legal actions as well as natural person with limited capacity for legal actions as stated in generally applicable laws, natural person who makes use of electronically supplied services by mobile application,
c) Application (mobile) – software that is made available by the administrator for portable devices, especially the mobile phones,
d) Account – marked with the individual name (login), i.e. e-mail address and password given by the user, collection of resources in the administrator’s computerized system where the user’s data are collected,
e) Shop – entity managing the department stores, shops, boutiques, showrooms connected to the fashion and clothing markets, located in cities within UE and outside of UE, that can be found by the mobile application,
f) Agreement – service agreement referring to the services provided by the administrator through the mobile application. Agreement is concluded between the administrator and the user for the unlimited period of time and concluded on the terms specified in the regulations.
g) Regulations – the hereby regulations; user may get familiar with the regulationsafter downloading the application through the “App Store” or “Google Play” online shops.
3. Services provided by the administrator through the application include:
a) the individual accounts for the registered users,
b) possibility to search and browse the products offered by the shops,
c) providing the information regarding the location or the opening hours of shops,
d) access to special offers, discounts and others offered by the shops for the registered users,
e) making use of other functionalities available in the application.
4. Administrator provides the services within and outside of the territory of the Republic of Poland.
§2. HOW TO USE THE APPLICATION
1. Application is intended for all the internet users that have the portable devices.
2. User is obliged to use the application in accordance with the hereby regulations, with the law in force, principles of community life and decorum.
3. Every action made by the application user shall be full of respect to the goods of the third parties – especially towards the other application users.
4. When creating the account or using the application, user is obliged to give correct and in accordance with the facts personal data as well as to protect the personal data against the unauthorized entry (user shall not give his/her password to the third parties). The account security is dependent to a very large extend on the above.
5. Every user as well as third party who have the access to the application shall refrain from copying, modifying, distributing, transmitting or making any other use of the content and database available in the application, except for the allowed use.
6. It is prohibited to introduce any harmful data to the information system (malicious software including viruses, spyware, „warms”, etc.). You can report any content or actions that are contrary to the hereby regulations to thefollowing e-mail address: [email protected]
7. User is obliged to use the application for his/her personal use only directly related to the purpose of services provided to the user.
8. In order to use the SHOPTROTTER mobile application, it is necessary to have the device running on iOS or Android.
§3. CONDITIONS FOR THE PROVISION OF SERVICES
1. Administrator shall exercise due diligence when providing the services so that all the users are fully satisfied.
2. Downloading the application as well as its usage is free of charge.
3. Mobile application may be downloaded via the online stores:
a) App Store (in case of iOS),
b) Google Play (in case of Android).
4. The application may be used in three ways:
a) by registering in the users’ base and creating the account,
b) by logging in with Facebook,
c) with no registration and no account creation.
5. Prior to using the application, you are required to get familiar with the regulations, accept their conditions and, in case of creating the account and log in with Facebook, agree to consent statements.
6. In order to register and create the account, it is necessary to fill in the form and give the following data: e-mail address.
7. You can log in to the application using the „Log-in-with Facebook” function. When choosing this option, you will be redirected to the logging panel. Once logged in, you are required to agree on processing some of your data by the application. The purpose and scope of collected data and its further compilation and development by Facebook as well as your rights in this respect and options for protecting your privacy can be found in the guidelines related to the protection of the personal data of Facebook platform: http://www.facebook.com/about/privacy.
8. The costs of data transmission required for downloading, installing, activating and using the application shall be borne by the user according to the conditions of his/her agreement concluded with the telecommunications operators or other internet suppliers.
9. User may resign from the services provided by the administrator at any time. Resignation from the application requires its removal from the portable device.
§4. HOW TO MAKE USE OF APPLICATION FUNCTIONALITIES
1. Application as a kind of guide allows for searching of interesting users, fashion shops, clothing shops in the locations where application is working. User can receive detailed information regarding shops, can check on their offers and their goods and prices as well. Additionally, user can receive the contact details and tips on how to get to the given store.
2. Also, application allows for searching the shops which suit taste, favourite style andpersonalized needs of the user by means of picture quizzes which help to define the user’s shopping preferences. User may also see the inside of the shop thanks to the pictures available in the mobile application.
3. In addition, application allows for searching of specific stores by brand names or other filters such as price ranges or product types.
4. User can also make a list of favourite shops which form the group „Favourites”.
5. Moreover, in the application user may use two buttons – one of them allows for ordering the transport via Uber (directly in the application), the other one can redirect the user to a given shop website in Instagram service.
6. Thanks to the application, you can benefitfrom available promotions, discounts and bonuses in a given shop which are offered to the registered users.
1. In case that the user acknowledges that administrator does not provide the services in line with the commitments, user has a right to make a complaint.
2. The complaint shall be addressed to the following address: SHOPTROTTER Sp. z o.o., ul. Racławicka 58, 53-146 Wrocław or by e-mail to: [email protected]
3. The complaint shall include the following: name and surname, e-mail address, the description of the issue and user’s expectations.
4. In case of some missing data or information in the complaint, the administrator will ask the user for its supplement in a given scope prior to processing the complaint.
5. Administrator shall answer to the complaint within 14 days. Answer to the complaint will be sent by e-mail only, unless the user express the wish to receive the reply via post.
6. Lack of answer from administrator after 14 days results in acceptance of the complaint.
§6. WITHDRAWAL FROM THE AGREEMENT
1. Consumer, within the meaning of Article 22(1) of Law of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) has a right to withdraw from the remote agreement within 14 days from the moment of conclusion of the agreement for the provision of services by electronic means without stating the reason.
2. The above right shall not apply in the following cases:
a) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that s/he (the consumer) will lose his/her right of withdrawal once the contract has been fully performed by the trader,
b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period,
c) the supply of non-prefabricated goods made to the consumer’s specifications or clearly personalized,
d) the supply of goods which are liable to deteriorate or expire rapidly,
e) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by the consumer after delivery,
f) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,
g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader,
h) agreements where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods,
i) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed by the consumer after delivery,
j) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,
k) contracts concluded at a public auctions,
l) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance,
m) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgement that s/he hereby loses his/her right of withdrawal.
3. In order to effectively terminate the agreement, the user shall remove the SHOPTROTTER mobile application from the portable device what can be done at any time.
§7. PROTECTION OF COPYRIGHT
1. Administrator grants the user a non-exclusive, territorially unlimited license for the use of mobile application.
2. All the pictures and other materials (including texts, graphics, logotypes) used in the mobile application are owned by the administrator or have been used with consent of third parties who are holders of copyrights.
3. Prohibited is the copying of the pictures, other graphic materials and reprinting of texts published in the mobile application including making them available online without the administrator’s written consent or the third party who is holder of copyrights.
4. Prohibited is also downloading pictures from the mobile application for marketing and commercial purposes.
5. Use of the above mentioned materials without the administrator’s written consent or other third parties who are holders of copyrights is unlawful and may give rise to civil or criminal proceedings against those who violate the law.
§8. PROTECTION OF PERSONAL DATA
1. User, when filling the registration form and creating the account, or when logging in with Facebook, is requested to agree on processing his/her personal data by the administrator in accordance with the Act of 29 August 1997 on Protection of Personal Data (Journal of Laws of 2014, item 1182 with further amendments).
2. The personal data shall be processed in order to provide the services referred to in the hereby regulations only. User has a right to access his/her personal data for the purpose of verification, modification or removal from the administrator’s database.
3. The personal data of the user shall not be revealed to the third parties or institution for marketing purposes without the user’s prior express consent.
§ 9. LIMITATION OF LIABILITY
1. Administrator shall not be liable for any users actions which are contrary to the regulations, and any breaches of the obligations under the appropriate applicable laws.
2. Administrator shall not be liable for any damage which occurred as a result of user presenting untrue, outdated or incomplete data.
3. Administrator shall not be liable for any losses incurred by the user resulting from force majeure within the meaning of the Polish law.
4. All the information on the shops, especially related to the products offered and their prices, is created and updated by entities which are managing the shops only, and they (the entities) are responsible for the content, timeliness and accuracy of the information presented, as well as they (the entities) remain responsible for any damage occurred as a result of presenting by them untrue, outdated or incomplete data.
§10. FINAL PROVISIONS
1. Administrator reserves the right to impose limitations in application use due to technical service, repair works or improvement works. At the same time, the administrator undertakes all the reasonable endeavors to make sure that all the above mentioned works are done at night and last as short as possible.
2. Administrator reserves the right to change the regulations which by no means aim at violating the users rights acquired before these amendments.
3. Administrator shall inform about each change by the application with an appropriate advance. All amendments shall come into force not earlier that 3 days from the moment of their announcements.
4. User, who does not accept the changes introduced to the regulations, may stop using the application by removing it from his/her portable device.
5. Nothing in these provisions is intended to reduce or limit any rights of the user, who is a customer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) available to him under the laws in force. In the event of a conflict between a provision of this Act and those of the hereby regulations, the former shall prevail.
6. Any disputes between the administrator and the user shall be resolved by conciliation or in the presence of independent and impartial mediator.
7. Detailed information, contact data and the list of conciliation courts can be found on the website of the Office of Competition and Consumer Protection. Customer may address the complaint by ODR (online dispute resolution) platform available at: http://ec.europa.eu/consumers/odr/.
8. In the event that no amicable resolution is reached, the court of competent jurisdiction is the competent court according to the Polish law.
9. Any matter not regulated by the hereby regulations will be regulated by adequate provisions, especially the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments).
10. Any remark, comment or questions related to the mobile application please address to: [email protected]
11. These regulations come into force on 2 March 2017.
1. Respecting your rights and respecting the law on personal data protection we pledge to maintain the security and confidentiality of the personal data obtained. All members of the staff have been properly trained on the processing of personal data.
2. Personal data administrator is: SHOPTROTTER Sp. z o.o., ul. Racławicka 58, 53-146 Wrocław, NIP: 8992785852, REGON: 36394148300000, registered in the National Court Register by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register under the KRS number: 0000606621, the share capital of 5000 zł (fully paid), email: [email protected]
3. In our Mobile Application we collect the following personal data:
· E-mail address – we need an email address to register you in the Mobile Application user base and contact you.
· Address – information related to the general rules of online connection such as IP address (and other information included in system logs) used by the administrator for technical reasons. IP addresses may be used as well for statistic reasons – for collection of general demographic data (e.g. related to the location of connection).
4. Every user may determine to what extent they want to use our service and what data they want to make available to us. If for some reasons, you do not want to leave your personal data, you have a right to remove them and to not use our Mobile Application.
5. We never share data with the third parties.
6. You are entitled to modify, complete, update, rectify and demand to remove your personal data. To do it, send an e-mail to [email protected]