Terms & Conditions for the
provision of services
of the Mobile Photo Kiosk service
- These terms and conditions define the terms and conditions of use
of the Mobile Photo Kiosk website and Mobile Photo Kiosk mobile application,
as well as the rules for offering services and ordering services through
the website and Mobile Photo Kiosk application.
- The owner of the Platform and the domain mobilephotokiosk.app is
Pixel-Tech Spółka Jawna
Pytowski i Kubarek, based at 6A Laski Street, 41-303 Dabrowa Gornicza,
Poland. The company is registered in the Register of Entrepreneurs of the
National Court Register (VIII Economic Department - KRS of the District
Court Katowice-Wschód in Katowice) under KRS number: 0000358467. Pixel-Tech
Sp. J. is registered under REGON number: 240352530 and VAT number: PL6443287239.
- In order to use the service, you must read these Terms of Service
- Terms used in the Terms & Conditions mean:
- Platform - the online platform operated by the Service Provider,
functioning at: mobilephotokiosk.app and accessible through the
Mobile Photo Kiosk mobile application,
- Service Provider - Pixel-Tech Spółka Jawna Pytowski i Kubarek, with its registered
office at 6A Laski Street, 41-303 Dabrowa Gornicza, Poland. The company
is registered in the Register of Entrepreneurs of the National Court
Register (VIII Economic Department - KRS of the District Court
Katowice-Wschód in Katowice) under KRS number: 0000358467. Pixel-Tech Sp.
J. is registered under REGON number: 240352530 and VAT number: PL6443287239,
- Website - the website at: mobilephotokiosk.app and all its
- Product - a service or product that may be the subject of an
Offer or provision by the Platform by the Seller to the Buyer,
- Offer - a unilateral statement of intent of the Seller posted on
the Platform, regarding the Product offered by the Seller through the
- Service - the full range of services provided electronically by
the Service Provider to the Users to the extent specified in the Terms
& Conditions. The essence of the service is to enable access via the
Internet to the platform for offering and ordering Products and the
organization of the aforementioned activities within it, including
- Seller - a user of the Platform, a natural person (with full
legal capacity) or legal entity that has an active Seller account on the
Platform and offers its Products to Buyers. The Seller may not be a
- Buyer - a user of the Platform, a natural person (with full legal
capacity) or legal entity, who has made or intends to make an order for
Products available on the Platform. The Buyer may be both a Consumer and
- User - Seller and Buyer together,
- Consumer - within the meaning of the Civil Code Act of April 23,
1964 - a User who, as a natural person, performs a legal action through
the Platform not directly related to his/her business or professional
activity. Consumers, within the meaning of these Terms & Conditions,
are also entrepreneurs running a sole proprietorship, entering into
contracts not of a professional nature arising from the subject of their
- User Account - a User's individual account on the Platform,
containing the User's individual data and enabling the use of Services provided
through the Platform,
- Terms & Conditions - this document together with the Privacy
Policy, which is an integral part of the Terms & Conditions. All
documents are available on the Website.
- Detailed information about the Products can be found on the Platform,
as well as made available by the Service Provider in response to an
inquiry directed by the Buyer.
- Users can contact the Service Provider by e-mail at: email@example.com
and by phone at +48 32 291 50 19.
- The Service Provider provides electronic services to Users on the
basis of distance contracts between the User and the Service Provider.
- The Service Provider does not charge the Buyer any kind of fees
for providing the Services.
- The essence of the Services is to enable access via the Internet
to the Platform. Through the Platform, the Service Provider provides the following types
of Services, among others:
- Creating and
maintaining Seller Accounts,
- Create and maintain
Vendor administration panels,
- Posting of Offers by
presenting and publicizing Sellers' Offers,
- Search for Offers
- Managing and
administering the posting of Offers,
- User Billing System,
- Creation and
maintenance of Buyer Accounts,
- Order Form,
- The conclusion of the
contract for the provision of the Services takes place at the moment of
full and correct registration on the Platform or use of the order form.
The contract is concluded for an indefinite period of time. The Buyer may
terminate the contract for the aforementioned Services at any time by
means of the Account deletion procedure specified in these Terms &
- Within 14 days from the conclusion of the contract for the
provision of each of the Services referred to above, a Buyer who is a
Consumer may withdraw from the contract without giving any reason. A model
form on withdrawal from the contract, which the User may use, is attached
to these Terms & Conditions.
- Buyers can register individual accounts on the Platform, which
allow them to use the Services provided by the Platform and purchase
- It is not permitted to provide false data.
- It is not allowed to create a User's account using an automated
- Performing the registration of the Account and subsequent actions
within the Platform in the name and on behalf of the User may be performed
only by persons authorized to represent the User or having the appropriate
- The person authorized to represent the Buyer is obliged to
immediately notify the Service Provider of the withdrawal of his
authorization to perform on behalf of the Buyer the activities specified
in these Terms & Conditions.
- If the Service Provider has reasonable doubts about the veracity
of the data provided by the User, the Service Provider may withhold the
establishment of the User's Account or suspend the operation of the User's
Account until the doubts are clarified.
- In the event of organizational or legal changes, death or loss of
legal capacity of the User, the User's legal successors or legal guardians
should immediately inform the Service Provider of the circumstances.
- The User's account contains the data provided by the User during
registration. If any of this data is later changed during the use of the
Platform, the User is obliged to immediately update it in the Platform.
- The Service Provider reserves the right to delete the User's
Account at any time and without giving any reason. In the event of
deletion of the User's Account, the User who is not a Consumer shall not
be entitled to any claims against the Service Provider on the above
- To use the Services available through the Platform, the User must
meet the following technical requirements:
- Have a computer, laptop or other device
with Internet access;
- Have access to e-mail;
- Use a web browser (the latest version);
- enable cookies in your browser.
- All actions taken by Users should be in accordance with applicable
laws and good morals.
- Any use of the User Account or the Service to the detriment of
other Users, the Platform, the Service Provider or third parties is
- Each User undertakes to:
- to use the provided functionalities and
resources of the Platform in accordance with the purpose of the Platform,
- compliance with the principles of
generally applicable law,
- respect the rights and personal property
of other Users,
- Not to act to the detriment of other
Users, the Platform, the Service Provider or third parties.
- Content, including descriptions of Listings, as well as
photographs and graphics posted by Sellers on the Platform and provided to
the Service Provider are their property, and they alone are responsible
for any infringement of third-party rights.
- It is absolutely forbidden and constitutes a violation of the
contrary to the law or good morals, in particular, pornographic content,
vulgar, defamatory, insulting religious feelings, inciting racial, ethnic,
religious hatred, promoting phonographic, software piracy, disseminating
data breaching techniques, viruses and any other similar in content and
- The Service Provider shall provide the Services in accordance with
the interoperability, compatibility and functionality described in the Terms
& Conditions, understood as:
functionality - the ability of a
digital content, digital service or commodity to perform its functions given
its intended use, the concept of functionality refers to the possible uses of a
digital content or digital service,
Compatibility - the
interoperability of digital content, digital service, or goods with computer
hardware or software that are typically used to use digital content, digital
service, or goods of the same kind, without the need to transform them,
Interoperability - the ability of
digital content, digital service or goods to interact with computer hardware or
software other than those typically used to use digital content, digital
service or goods of the same kind, the concept of interoperability refers to
whether and to what extent digital content or digital service can interact with
computer hardware or software other than the computer hardware or software with
which digital content or digital services of the same kind are typically used.
- The Service Provider is an entity that exclusively provides Users
with space on the Internet and tools that enable Users to offer Products
under the terms and conditions specified in these Terms & Conditions
and to conclude sales contracts for Products.
- The Service Provider is not a party to contracts between the
Seller and the Buyer.
- All prices specified in the Offers are gross prices (excluding VAT)
specified in Shop currency.
- The Product purchase contract is concluded between the Seller and
the Buyer, with the content specified in these Terms and Conditions, the
Offer and also the Seller's Terms and Conditions of Sale of goods.
- The Seller is responsible for any damage to the Product caused in
transit until it is issued to the Buyer. The Seller shall be a party to
any disputes or complaint proceedings with the shipment provider.
- The Service Provider provides forms of payment for the order each
time specified in the Platform. Funds paid by the Buyer are directly
transferred to the Seller's bank account.
- To conclude a sales contract using the tool provided within the
Platform, you must go through all the steps involved in ordering a
Product. The procedure for the sale of the Product is completed by
pressing the appropriate button finalizing the order. The sales contract
between the Seller and the Buyer is concluded the moment the Buyer presses
the aforementioned button."
- The Service Provider undertakes to take all measures to ensure
correct, secure, continuous and error-free access to the Platform.
- The service provider is not responsible for:
actions taken by Users,
The quality and legality of the Products
offered by the Sellers,
Failure to meet the specific
requirements of the User, other than those arising from the general premise of
The correctness, reliability and
accuracy of the data obtained when using the Platform,
Transient technical errors that
occurred during the operation of the Platform,
defects in the data entered into
the Platform by Users,
quality, type and manner of
execution of Products by Sellers, powers and professional qualifications of
the consequences of non-performance or improper
performance of the obligations incurred by Users, and the ability of such
persons to incur obligations.
- The Service Provider shall not be liable for damages (including in
the form of lost profits), image damage, business interruption, loss of
data or other business information or other losses of a material nature to
Users who are not Consumers and who do not conduct business. The Service
Provider's liability to Non-Consumer Users who do not conduct business is
excluded to the fullest extent permitted by law.
- The Service Provider shall not be liable for damages or any other
consequences caused by the User's disclosure of his/her password or login
to a third party.
- The Service Provider shall not be responsible for any system
malfunctions caused by technical problems in the computer hardware and
software used by the User, as well as Internet network failure, force
majeure or unauthorized interference of third parties that prevent the
User from using the Platform and the Service offered through it.
- If an unauthorized person is notified of access to the Platform,
the Service Provider will take immediate steps to secure the collected
- The Service Provider will carry out regular backups of the data
uploaded to the Platform, in order to minimize the risk of data loss
through the actions of unauthorized persons or technical errors in
- The Service Provider reserves the right to interfere with the
User's Account in order to remove irregularities in the functioning of the
Platform, disruptions in the functioning of the Account or to make
improvements and expand the scope of the Service.
- The Seller shall be liable for the full damage caused to the Buyer
and the Service Provider for incorrect or untimely performance of the
- The Seller is solely responsible to the Buyer for the proper
execution of the Product sales contract.
- The Seller is responsible for the content of the Offer. The Seller
is the entity solely obliged to execute the contract of sale of the
Product specified in the Offer.
§11 Liability for compliance
of performance with the contract. Complaint procedure
- The service provider is obliged to provide services in accordance
with the contract. The service provider is obligated to provide services
- The rules on the Service Provider's liability to the Consumer under contracts for the
provision of digital content or digital service are governed by Chapter 5b
of the Law of May 30, 2014 on Consumer Rights.
terms of complaints, the Consumer may exercise the rights granted to him
by the provisions of the Law of May 30, 2014 on Consumer Rights, among
others, for non-compliance of the service with the contract.
- The digital content or digital service is in compliance with the
contract if, in particular, their compliance remains:
- description, type, quantity, quality,
completeness, functionality, compatibility, interoperability, and
availability of technical support and updates,
- suitability for the specific purpose for
which they are needed by the consumer, which the consumer notified the
Service Provider at the latest at the time of the conclusion of the
contract and which the Service Provider accepted,
- In addition, the digital content or digital service must, in order
to be considered in compliance with the contract:
- be suitable for the purposes for which
digital content or a digital service of this type is normally used,
taking into account applicable laws, technical standards or good
- occur in such quantity and have such
features, including functionality, compatibility, accessibility,
continuity and security, as are typical of digital content or digital
service of that type and which the Consumer may reasonably expect, taking
into account the nature of the digital content or digital service and the
content in the advertisement or label,
- Be delivered with accessories and
instructions that the Consumer can reasonably expect to receive
- be consistent with the trial version or
announcement that was made available to the Consumer by the Service
Provider prior to the conclusion of the contract.
- The Service Provider shall be liable to the Consumer for the
non-conformity with the contract of the digital content or digital service
delivered continuously, which occurred or became apparent at the time
when, according to the contract, they were to be delivered.
- The Service Provider shall be liable to the Consumer for the
non-conformity of the digital goods or digital service with the contract
existing at the time of delivery and disclosed within two years from that
time. Prior to the expiration of the above period, the Consumer may notify
the Service Provider of the discovery of the defect by sending an
appropriate message through one of the communication channels referred to
- The service provider acknowledges the receipt of the complaint.
- If the complaint is not accepted, the Service Provider shall
provide an opinion as to the unfoundedness of the complaint.
- If the Service Provider does not respond to the Consumer's
complaint within 14 calendar days from the date of delivery of the
complaint, it is assumed that it has acknowledged the Consumer's complaint
and his demand.
Consumer is obliged to cooperate with the Service Provider, to a
reasonable extent and using the least burdensome technical means
(including, for example, using e-mail communication, telephone
communication, by sending the required printscreens), to determine whether
the non-conformity of the digital content or service with the contract is
due to the characteristics of the Consumer's digital environment.
User is entitled to file a complaint about any irregularity in the
operation of the Platform within 14 days of the occurrence of the
irregularity. The complaint should be submitted by e-mail sent to firstname.lastname@example.org. The
description of the irregularity should enable the Service Provider to
identify the problem and fix it.
service provider will consider the complaint within 14 calendar days from
the date of receipt of the complaint.
the event of a serious technical error, the Service Provider reserves the
right to restrict access to the Platform and Service.
possible errors in the functioning of the Platform, comments and information
about the operation of the Platform and the Website, as well as violations
of the Terms and Conditions should be reported to the Service Provider by
- The Buyer is entitled to delete his Account at any time. For this
purpose, the Buyer should go through the appropriate procedure on the
- The Service Provider may refuse to delete the Buyer's account if
the Buyer has failed to fulfill an obligation incurred through the
Platform or has violated these Terms & Conditions or applicable laws,
and the preservation of the Buyer's data is necessary to clarify these
circumstances and determine the responsibility of the User.
- If the User's account has been deleted as a result of the Service
Provider's decision, the User may not re-register on the Platform without
the prior consent of the Service Provider. Re-registration without consent
will result in deletion of the Account.
- The Service Provider reserves the right to change the Terms and
Conditions at any time, in particular due to changes in applicable laws or
technical and organizational changes in the way the Services are
performed, as well as in the event of a change in the legal organization
of the Service Provider's business. These changes will not affect orders
placed, executed or completed orders and contracts between Users.
- The Service Provider will inform Users about the changes and their
content 7 days before their implementation. The information is
communicated to the User through an e-mail sent to the address provided
during registration and through a relevant note in the Account, available
after logging in.
- The User agrees to the change of the Terms and Conditions by
checking the appropriate box in the Account under the text informing about
the change of the Terms and Conditions.
- If you do not agree to the amendment of the Terms and Conditions,
you should delete your Account in the manner indicated on the Website.
- If the User does not take any action, at the expiration of 14 days
from the date of delivery of information about the changes to the Terms
and Conditions, the changes shall take effect for the User as if he had
accepted the changes to the Terms and Conditions in accordance with the
procedure set forth in this paragraph.
§ 7 Changes to the service
- The Service Provider may not change the digital content or digital
service provided on a one-time basis.
- Making a change to the Service will not incur costs on the part of
- The Service Provider is obliged to inform the Consumer in a clear
and understandable manner about the change being made. If the change
materially and adversely affects the Consumer's access to or use of the
digital content or digital service, the Service Provider is obliged to
inform the Consumer well in advance on a durable medium about the
characteristics and date of the change and the right to terminate the
- In the case referred to above, the Consumer may terminate the
contract without notice within 30 days from the date of the change or
notification of the change, if the notification was later than the change.
- The consumer is not entitled to terminate the contract if the
Service Provider has provided the consumer with the right to retain, at no
additional cost, the digital content or digital service in accordance with
the contract, in an unaltered state.
§ 8 Updates
Service Provider shall inform the Consumer of updates, including security
updates, necessary for the Service to be in compliance with the contract,
and the Consumer shall then install such updates within a reasonable time,
in particular within the time indicated by the Service Provider.
the Consumer fails to install within a reasonable time the updates
provided by the Service Provider in accordance with paragraph 1 above, the
Service Provider shall not be liable for the Service's non-compliance with
the contract resulting solely from the lack of updates if:
- informed the Consumer about the update and the
consequences of not installing it,
- failure to install or improper installation of
updates was not due to errors in the installation instructions provided
by the Service Provider.
- In order to resolve a dispute arising in connection with the use
of the Services through the Platform, the Consumer has the opportunity to
seek the assistance of the following institutions before bringing a case
in a court of law:
a. Use of the permanent amicable
consumer court referred to in the Act of December 15, 2000 on Trade Inspection
by submitting a request for settlement of a dispute arising from the contract;
b. to apply to the Provincial
Inspector of Trade Inspection to initiate mediation proceedings for an amicable
settlement of the dispute;
c. seek the assistance of a
district or municipal consumer ombudsman or a social organization whose purpose
is to protect consumer rights.
- Detailed information about the consumer's options for out-of-court
dispute resolution and the availability of procedures is available at the
offices and websites of institutions such as the Commercial Inspection,
county (city) consumer ombudsmen, social organizations for the protection
of consumer rights, as well as the Office of Competition and Consumer
- A platform for online dispute resolution between consumers and
businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr.
The ODR platform is an interactive and multilingual website with a
one-stop shop for consumers and businesses seeking out-of-court dispute
resolution of contractual obligations arising from an online sales or
- In matters not regulated by these Terms & Conditions, the
provisions of generally applicable law shall apply, in particular the Act
of April 23, 1964 Civil Code, and the Act of May 30, 2014 on Consumer
- To all disputes arising under these Terms and Conditions and the
contract entered into by the User and the Service Provider, Polish law shall
apply and the courts of Polish jurisdiction shall have jurisdiction. The
competent court for disputes to which the Consumer is a party is the place
of residence of the Consumer.
(This form must be completed and returned only if you wish to withdraw
from the contract)
inform(*) of my/our withdrawal from the contract for the provision of the
Date of agreement:
Signature of the
consumer(s)* (only if the form is sent on paper):