Code

Civil Code Act of April 23, 1964

Account

an account created by the User in the Service

Consumer

a Customer who is a natural person entering into a legal transaction with an entrepreneur not directly related to their economic or professional activity, i.e., a natural person as referred to in Article 221 of the Civil Code

Buyer

a person using the Service who places an Order for a selected service or product, having full legal capacity, being a Consumer, a natural person conducting business activity as referred to in Article 5765 of the Civil Code, a legal person or an organizational unit without legal personality granted legal capacity by specific provisions

Consumer Law

Consumer Rights Act of May 30, 2014

Service

the website available at www.cui-recharge.pl enabling the purchase of top-ups and other services and products

Seller/Service Provider

Piotr Nowaliński conducting business activity under the name CUI Piotr Nowaliński with registered office in Warsaw (00-240), al. Solidarności 68/121, NIP: 8862419250

Service

services provided electronically (within the meaning of the Act on Provision of Electronic Services) by the Service Provider as part of their business activity through the Service

Device

a device enabling the use of the Service (e.g., desktop computer, laptop, smartphone, tablet) with access to the Internet and an up-to-date web browser

User

a person with full legal capacity who uses the Service as a Consumer, a natural person conducting business activity, or on behalf of a legal person or an organizational unit without legal personality granted legal capacity by specific provisions

Act on Provision of Electronic Services

Act of July 18, 2002 on the provision of electronic services

Order

An offer to purchase a selected Service/Product submitted by the Buyer using the form available in the Store

1.

The Service is operated by the Seller as part of their business activity.

2.

The Regulations also constitute regulations within the meaning of the Act on Provision of Electronic Services. They define the terms and conditions of use and functioning of the Services available in the Service, as well as the rights and obligations of Users. The Regulations also specify the liability of the Service Provider for the provided Services.

3.

To the extent that the Regulations regulate consumer rights, these provisions apply exclusively to consumers and natural persons entering into an agreement directly related to their business activity, provided that the content of this agreement does not have a professional character for them.

4.

The Regulations specify in particular:

1. The rules for placing orders for Services and conducting transactions;
2. The types and scope of Services;
3. The procedure for handling complaints.

5.

The Regulations are available in the Service free of charge (at the address: https://cui-recharge.pl/en/documents/regulamin/regulamin#regulamin), in a form that allows it to be downloaded, recorded, saved, and printed.

6.

Access to and use of the Service is free, which means that every user can freely use the functions and tools offered by the service without any charges. However, when it comes to purchasing services or products available on the service, payment is required.

7.

Access to placing Orders does not require creating a user Account. However, the Service provides such an option.

8.

The Service uses cookies, which the User is informed about when entering the Service's website for the first time. If the User accepts their use, they click "I agree." The User has the option to customize their preferences by going to "preferences," and they can also change their settings at any time by clicking on the button pinned to the right side of the browser window, "cookie policy," which will open a pop-up for managing cookie preferences. The User can also disable the use of cookies at any time through their web browser. Detailed information, including the purposes and functions of the Service's use of cookies, can be found in the Privacy Policy available on the Service's website at the following address: https://cui-recharge.pl/en/documents/polityka_prywatnosci

9.

Access to the Service requires meeting the following technical requirements:

1. Access to the Internet;
2. Access to the current version of an internet browser (e.g., Google Chrome, Mozilla Firefox, Microsoft Edge, Safari);
3. Access to hardware and software enabling the use of the Internet and an internet browser;
4. If you wish to register on the Service, you must have an email address.

1.

The use of the Service is free of charge, voluntary, and permitted for all Users accessing the Internet.

2.

Each User is obliged to use the Service in accordance with the content of these Terms and Conditions, respect the provisions of the law, and observe good manners.

3.

Prohibited actions include, in particular:

1. providing false, inaccurate, or outdated information or personal data,
2. disseminating false or unlawful information about the content posted on the Service,
3. providing content that violates applicable laws,
4. illegally accessing and controlling the Seller's/Service Provider's network infrastructure or servers,

4.

The Services include the ability to familiarize oneself with the content of the Service and search for the posted content, create and use a user account, and use the Order form (offer) to purchase selected services or products.

5.

For visitors to the Service, the Seller provides a subscription service and enables receiving offers or information.

6.

The subscription service is free of charge and lasts from the moment the User submits their email address as provided in the footer of the website until the User submits a resignation sent from the subscribed email address to the following address: bok@cui-recharge.pl.

7.

The creation and use of a user account lasts from the moment of its creation in accordance with the instructions and messages displayed on the Service until the User resigns from the account. The User may resign from the service of creating and using a user account at any time by submitting a declaration in the form of an electronic mail sent to the Seller's address bok@cui-recharge.pl, indicating the email address used for registration on the Service.

8.

Using the Order form lasts from the moment the User selects a specific service or product, which is done from the main page of the Service or a subpage.

9.

The Seller informs about the typical risks associated with using the Services covered by this document, which result from the use of the Internet to provide the service. It is recommended that Buyers take appropriate measures to minimize the risk (e.g., using appropriate antivirus protection and measures to protect Internet usage). The Seller implements security measures to enable the use of the Services in a way that prevents unauthorized access to the content of the services provided through the Service.

10.

All attachments located at https://cui-recharge.pl/documents/regulamin are an integral part of this regulation and may define the terms of purchase for specific services or products.

1.

The User can create and manage a user account on the Service.

2.

Registering an account on the Service signifies acceptance of the Regulations, which the User confirms by checking the appropriate checkbox, declaring that they have read the content of the regulations and accept its terms.

3.

To register an account, the User should click on Login / Sign up located in the upper right corner.

4.

The User is obligated to use the account in a manner consistent with the law and with the rules specified in the Regulations, particularly those indicated in § 2 para. 2 and 3.

5.

Registering an account on the Service allows for managing personal data, services, and viewing purchase history.

6.

After registration, the User has the option to secure their account through two-step verification.

1.

Users can place Orders for selected services or products through the Service, using the Order form mentioned in § 2 para. 7.

2.

Creating an Account is not required to place an Order.

3.

To place an Order, Users should follow the instructions displayed in the Order form, including providing an email address, selecting a payment method, and accepting the required fields in the order form.

4.

Before placing an Order, Users should verify the accuracy of the entered data and check if the Order form contains the services they have chosen to purchase.

5.

Placing an Order by the Buyer constitutes an offer in the understanding of the provisions of the Civil Code. The Seller initiates the execution upon accepting the Order and receiving the payment (account top-up). The Seller's actions constitute acceptance of the Buyer's offer terms and the conclusion of a sales agreement.

1.

The use of individual services provided by the Service is subject to payment.

2.

Detailed information about the amount to be paid is available in the order summary.

3.

The prices displayed on the website are gross amounts and are expressed in Polish currency (PLN).

4.

The Service provides the possibility of making payments using external transactional services, which are displayed to the User in the Order form.

5.

In the event of a refund, the Seller will make the refund in the same manner as the original payment, and if this is not possible, the refund will be made to a bank account held in a Polish bank.

1.

A User who is a consumer or a natural person conducting business activity, as referred to in Article 38a of the Consumer Rights Act, may withdraw from a distance contract for Services within 14 days from the date of its conclusion, without giving any reason, subject to exceptions specified in Article 38 of the Consumer Rights Act.

2.

It is not possible to withdraw from the contract if the order concerns:

1. Direct mobile phone top-ups, if the order has been fulfilled.
2. Mobile phone top-ups with a code, if the order has been fulfilled and the code is available in the Customer Panel or has been sent to the email address.
3. Top-up accessories, if the order has been fulfilled and the code is available in the Customer Panel or has been sent to the email address.

3.

The right to withdraw from the contract does not apply to a User who is a consumer or a natural person conducting business activity in relation to a contract for the provision of services, if the Service Provider has fully performed the service with the express consent of the consumer or natural person conducting business activity, who was informed before the provision began that after the performance of the service by the Service Provider, the right to withdraw from the contract will be lost.

4.

A statement of withdrawal can be submitted by sending an electronic statement of withdrawal from the contract to the Service Provider's email address: bok@cui-recharge.pl.

5.

In the event of a valid withdrawal statement submitted by the Buyer, the contract to which the statement refers is considered void.

1.

The Consumer has rights against the Seller under the warranty for defects (Articles 556-576 of the Civil Code), and the provisions of these Regulations do not exclude or limit them in any way. In the case of individuals entering into contracts directly related to their business activity, when it follows from the content of the contract that it does not have a professional character for such individuals, resulting in particular from the subject of their business activity, the rights granted to consumers as indicated in the Civil Code also apply to this category of persons.

2.

Complaints regarding the provided Services should be submitted in writing or electronically to the Service Provider's email address: bok@cui-recharge.pl.

3.

The complaint should include a concise description of the defect, circumstances (including the date of its occurrence), identifying data of the Buyer (including their contact details) submitting the complaint, and a request related to the identified defect.

4.

The Service Provider will respond to the complaint request promptly, within 14 days from the date of receiving the complaint. If the Service Provider fails to respond to the complaint request submitted by the Consumer within 14 days, it shall be deemed that the Service Provider has acknowledged the Consumer's request as justified.

1.

Detailed information regarding the consumer's options to use alternative dispute resolution methods for complaints and claims, as well as the rules for accessing these procedures, are available at the headquarters and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and the websites of the Office of Competition and Consumer Protection.

2.

The Consumer has access to the online resolution of consumer disputes through the European Online Dispute Resolution platform (ODR platform) at https://ec.europa.eu/consumers/odr. The ODR platform is a multilingual, interactive website for the benefit of consumers and businesses seeking an out-of-court settlement of disputes arising from distance sales contracts or service contracts.

3.

Disputes between the Service Provider and the Consumer regarding the provision of Services by the Service Provider may be resolved amicably, for example, through the following procedures:

1. In the case of alternative dispute resolution of consumer disputes, which is initiated at the request of the provincial inspector of the Trade Inspection competent due to the place of economic activity of the Service Provider, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2017, item 1063, as amended), based on the rules specified in the regulation of the Prime Minister of 17 May 2017 on the organization and operation of the Trade Inspection regarding the alternative resolution of consumer disputes (Journal of Laws of 2017, item 1014);
2. Before permanent arbitration courts at provincial inspectors of the Trade Inspection (consolidated text: Journal of Laws of 2017, item 1063, as amended), based on the rules specified in the regulation of the Minister of Justice of 6 July 2017 on the organization and operation of permanent arbitration courts at provincial inspectors of the Trade Inspection (Journal of Laws of 2017, item 1356); a case can be considered by an arbitration court only if both parties to the dispute agree to it.

1.

The content presented on the Website, including announcements, advertisements, price lists, and other information, is not an offer within the meaning of Article 66 and 661 of the Civil Code but should be treated as an invitation to submit offers.

2.

The Service Provider is liable for non-performance or improper performance of the contract on general terms.

3.

Unless the mandatory provisions of the law stipulate otherwise, Polish law is applicable to resolve any disputes arising under this Terms and Conditions. Disputes are settled by a court competent in terms of local and subject matter jurisdiction.

4.

The amendment to the Terms and Conditions becomes effective upon its publication on the Website.

5.

The Seller has the right to change this Terms and Conditions for valid reasons within the scope permitted by the applicable law, especially in the event of changes in legal regulations or the technology used by the Website.

6.

In relation to agreements concluded prior to the amendment of the Terms and Conditions, the provisions of the Terms and Conditions in force on the date of conclusion of the Agreement shall apply. All versions of the Terms and Conditions will be available on the Website.

7.

The Terms and Conditions come into effect on 30.01.2023.

8.

The Terms and Conditions do not apply to orders placed prior to the aforementioned Terms and Conditions coming into effect.

1.

The consumer or a natural person conducting business activity referred to in Article 38a of the Consumer Rights Act is entitled to withdraw from the sales contract within 14 days from the day of its conclusion without stating any reason. The deadline for withdrawal from the contract expires after 14 days from the day of its conclusion.

2.

To exercise the right of withdrawal from the contract, the Service Provider should be informed of the decision to withdraw from the contract by means of an unambiguous statement. The Service Provider ensures the possibility of communication in this regard in the following ways:

1. sending a declaration of withdrawal from the Agreement by post to the Service Provider's address,
2. sending an electronic declaration of withdrawal from the contract to the Service Provider via email: bok@CUI-Recharge.pl.

3.

There is a possibility to use the withdrawal form template, but it is not obligatory. To meet the deadline for submitting a statement of withdrawal, it is sufficient to send information regarding the exercise of this right by the Consumer before the expiration of the withdrawal period.

The consumer or a natural person conducting business activity referred to in Article 38a of the Consumer Rights Act, who has concluded a distance or off-premises contract, may withdraw without giving any reason and without incurring any costs within 14 days from the moment of concluding the contract (subject to § 6(3) of the Terms and Conditions).

The right of withdrawal from a contract concluded outside the business premises or at a distance does not apply to a consumer or a natural person conducting business activity referred to in Article 38a of the Consumer Rights Act in relation to contracts for the provision of electronic services, if the entrepreneur has fully performed the service with the express consent of such person, who was informed before the provision began that after the performance of the service by the entrepreneur, they will lose the right to withdraw from the contract.