REGULATIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS

FOR THE MOBILE APPLICATION SMART SHOPPING

§ 1

General Provisions

1. These regulations set forth:

a.  types and scope of services provided by electronic means;

b.  conditions for the provision of services by electronic means;

c.  terms of conclusion and termination of agreements for the provision of services by electronic means;

d.  the procedure for making complaints concerning the provision of services by electronic means.

2. These regulations are available free of charge at: www.smartshopping.digital, and after installing the Smart Shopping Application on a phone or other mobile device in a form enabling its acquisition, reproduction, recording and printing. Before downloading and installing the Application, the Service Recipient is obliged to read the Regulations.

3. The rules concerning the processing of personal data and the use of cookies are indicated in the Privacy Policy.

 

§ 2

Definitions

Whenever referred to in these Regulations:

a.  Application should be understood as the software running on Mobile Devices with Internet access and operating on the basis of the Android and iOS operating systems owned by the Company  Porta Capena sp. z o.o. registered in Wrocław, ul. Marii Curie-Skłodowskiej 48/8, 50-369 Wrocław, Court Reg. No. KRS 0000085457, available for download from the App Store (iOS) and Google Play (Android), by searching for the App called "Smart Shopping";

b.  Service Provider should be understood as Porta Capena Sp. z o.o., registered in Wrocław, ul. Marii Curie-Skłodowskiej 48/8, 50-369 Wrocław, Court Reg. No. KRS 0000085457;

c.  Service Recipient should be understood as natural person, legal person, or organizational unit without legal personality, to which legal capacity is granted by law, using the Application;

d.  Consumer should be understood as a natural person, making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity;

e.  Privileged Entrepreneur should be understood as a natural person, making a legal transaction with an entrepreneur which is directly connected with his/her business activity, but which is not of a professional nature for him/her;

f.  Commercial Information should be understood as any information used for the direct or indirect promotion of goods, services or reputation of an entrepreneur or a person performing a profession, whose right to perform the profession depends on compliance with requirements laid down in other acts, excluding information enabling communication with the particular person by means of electronic communications, and information on goods and services not serving for the purposes of achieving a commercial effect desired by the entity which orders to disseminate the information, in particular without remuneration or other benefits from producers, sellers and service providers,

g.  Electronic Service should be understood as a service provided electronically by the Service Provider to the Service Recipient through the Application;

h.  Providing Services by Electronic Means should be understood as performing services provided without the simultaneous presence of the parties (at a distance), through the data transmission at the individual request of the Service Recipient, transmitted and received by means of electronic processing equipment, including digital compression, and data storage, which is entirely transmitted, received, or transmitted via a telecommunications network;

i.  Teleinformation System should be understood as a set of co-operating information devices and software ensuring processing and saving, and also transmitting and collecting of data within telecommunications networks by means of a terminal appropriate for the kind of the given network;

j.  Means of Electronic Communication should be understood as technical solutions, including ICT devices and software tools cooperating with them, allowing individual communication at a distance using data transmission between ICT Systems, especially electronic mail;

k.  Sellers should be understood as an entrepreneur, being a natural person, legal person, or organizational unit without legal personality, to which legal capacity is granted by law, offering the Service Recipient the opportunity to purchase its products using the Application functionality;

l.  Account should be understood as a feature of the Application, upon the use of which the Service Recipient is able to use the Application to a greater extent as described in these Regulations;

m.  Mobile Device should be understood as a portable electronic device, connected to the Internet using wireless technology, using the Android or iOS operating system;

n.  Regulations should be understood as these Regulations.

 

§ 3

Type and Scope of Electronic Services

 

1. The Service Provider enables through the Application the use of Electronic Services, such as:                

a.  Browsing products from the selected Seller’s offer;

b.  Providing information on the products offered by the Seller in a physical retail store, i.e., product description, product availability in a physical retail store. Information about a product provided in the Application is not equivalent to the availability of the product in a given physical retail store of the Seller and the possibility of making a purchase;

c.  Adding a product to the shopping cart by scanning the product barcode;

d.  Setting up an Account in the Application by the Service Recipient and accessing and managing the Account;

e.  Purchasing products offered by the Seller;

f.  Browsing through purchase history and downloading proofs of purchase, i.e., receipts (excluding the possibility to download a VAT invoice).

2. Electronic Services are provided to Service Recipients under the terms of these Regulations.

3. The Service Provider may include in the Application advertising content from Sellers or third parties. In such case, the commercial information shall be clearly distinguished and marked in a manner that does not raise any doubts that it is Commercial Information and shall include:

a.  identification of the entity on whose behalf it is disseminated, and its electronic address;

b.  clear description of the forms of promotional activity, in particular, price reductions, free benefits in cash or in kind and other benefits related to the promoted good, service or image, as well as a clear definition of the conditions necessary to obtain these benefits, if they are a component of the offer;

c.  any information that may affect the determination of the responsibility of the parties, in particular warnings and disclaimers.

4. In performance of its obligations under applicable laws, the Service Provider informs that the risks associated with the use of services provided by electronic means through the Application include malware, phishing attempts, data theft, theft of funds, spyware, and any other unlawful actions by third parties, which may cause material or non-material damage to the Service Recipient.

5. The Service Provider takes all lawful measures to minimize the risks referred to in paragraph 4 above. Additional information in this regard may be obtained by the Service Recipient after sending a request in this regard to the Service Provider.

6. In the use of payments, the Service Recipient uses the services of providers of electronic payment systems. The terms of service for electronic services provided by mobile payment providers are available below:

   Payconiq International S.A., 9-11 rue Joseph Junck, L-1839 Luxembourg:​

   https://www.payconiq.com/Terms_EN_Consumer.pdf

7. When using the Application, the user shall have the opportunity to use the services provided by electronic means offered by Odoo S.A., Chaussée de Namur, 40, 1367 Grand-Rosière, Belgium (hereinafter “Odoo S.A.”), acting as a provider of odoo system which is the basis for the operation of the Application. All documents related to the provision of electronic services by Odoo S.A. may be obtained from the website www.odoo.com/.  

 

§ 4

Terms of Service

1. The agreement for the provision of services by electronic means is concluded when the Service Recipient starts using the Electronic Service.

2. The use of the relevant Electronic Service by the Service Recipient is be subject to the terms and conditions set out in these Regulations.

3. The Application may be only used in certain physical retail stores in Belgium and Poland.

4. The provision of services by electronic means by the Service Provider is free of charge.

5. Technical requirements necessary for the cooperation with the ICT system used by the Service Provider:

a.  Internet access enabled;

b.  having an e-mail account in case the Service Recipient wants to create an account in the application or receive a proof of purchase by e-mail;

c.  A mobile device equipped with a rear camera, working on the basis of the Android operating system (minimum requirements for the operating system: Android 5.0), iOS (minimum requirements for the operating system: iOS 10).

6. In order to make a purchase in the Application, declarations of having read and accepted the Regulations and Privacy Policy of Smart Shopping Application are required.

7. The Service Provider shall not place cookies in the Teleinformation System used by the Service Recipient.

8. The Service Provider may publish updates of the Application. The Application must be updated in order to operate properly.

9. The Customer shall use the Application in a manner consistent with the law and good practice, with due regard for the personal rights and intellectual property rights of third parties. 

10. The Customer shall enter data in accordance with the facts.

11. The Customer shall refrain from delivering illegal content.

12. The use of the Application is also subject to the terms and conditions of the operating systems providers, such as the Google Play terms of use and the Apple Media Services terms of use.

 

 

§ 5

Purchases in the Application

 

1. The Service Recipient has the option via the Application to make payments for purchased products at selected physical retail stores of the Sellers. The list of Sellers and available physical retail stores is available in the Application.

2. The purchase in the Application (including scanning products) is free of charge and does not require the registration of an Account in the Application, however, prior to making a purchase the Service Recipient without an Account should each time confirm that he/she has read the provisions of the Regulations.

3. In order to use the features of the Application such as the shopping history (which includes the viewing of the Service Recipient's receipts), the Service Recipient shall register an Account in the Application. In order to register an Account, the Service Recipient shall follow the instructions displayed within the Application. An Account may be set up by integration with an Apple ID (for iOS 13) or Google account, or by a standard Account set up by entering an email address.

4. Payment for purchases may be made by the Service Recipient both from the Application, by online payment in a physical retail store, or by payment at the cash register of the Seller's physical retail store. Regardless of the payment method selected, the payment is recorded by the Application.

5. The Service Recipient has the possibility to receive the following proofs of purchase:

a.  electronic receipt,

b.  electronic VAT invoice; in order to receive a VAT invoice, the Service Recipient should use the assistance of an employee of the physical retail store in which he/she makes a purchase and indicate his/her wish to receive a VAT invoice.

6. The Service Recipient, by making a purchase within the Application, agrees to receive an electronic proof of purchase (e-receipt, e-invoice) at the e-mail address provided by him/her.

7. The Service Recipient, as part of the Service Provider's and the Seller’s promotional campaigns, may be able to use discount vouchers that will be available at the Vendor's physical retail store.

 

 

§ 6

Procedure for making complaints regarding services provided by electronic means

 

1. Complaints relating to the Electronic Services provided through the Application, may be submitted by e-mail by the Service Recipient to the e-mail address specified in § 8.3(a) of the Regulations.

2. The e-mail message should specify the Service Provider and the circumstances relating to the subject of the complaint, in particular the type and date of irregularity and contact details. The information provided will greatly facilitate and expedite processing of the complaint by the Service Provider.

3. The Service Provider handles the complaint immediately, no later than within 14 days.

4. Service Provider’s response to the complaint is sent to the e-mail address of the Service Recipient stated in the complaint application or during the complaint procedure.

5. In the event of a complaint relating to the processing of electronic payments and other functions of the Application, supported by entities other than the Service Provider, the Service Provider shall forward the complaint to the relevant entities, inform the Service Recipient thereof or inform the Service Recipient of the need to refer the complaint to another entity.

 

§ 7

Terms of termination of contracts for Electronic Services

 

1. In the case of creating an Account, the contract for the provision of Electronic Services is concluded for an indefinite period of time and may be terminated by either party.

2. The Service Provider may terminate the contract for the provision of Electronic Services of continuous and indefinite duration, if the Service Recipient violates the Regulations, in particular, if he/she provides illegal content, after an ineffective prior request to cease violations with the designation of an appropriate period of time. The contract in such a case expires after 7 days from the date of submission of a termination statement (notice period).

3. In the case of purchase after logging into the Account or by placing an order without an Account, the contract for the provision of Electronic Services is concluded for a limited period of time, until the effective purchase of the Seller’s product or withdrawal from the contract.

4. The contract for the provision of Electronic Services is also terminated if:

a.  The Service Recipient deleted the Account;

b.  The Service Recipient requested the Service Provider to delete the Account and the Account was deleted;

c.  The Service Recipient’s Account was deleted in result of the situation specified in the Regulations;

d.  The Service Recipient uninstalled the Application from the device;

e.  Such effect results from the provisions of generally applicable law.

5. The Service Provider may delete the Service Recipient’s Account (immediate termination of the contract) if the Service Provider considers that the Service Recipient’s actions violate generally applicable laws, decency, or rules of social conduct. The Service Provider may also remove the Service Recipient’s Account if the Service Provider has a reasonable suspicion that the Service Recipient has violated the provisions of these Regulations. The Service Recipient shall be notified of the removal of the Account by e-mail sent to the e-mail address provided in the registration process.

 

§ 8

Final Provisions

1. In all matters between the Service Provider and the Service Recipient in connection with the operation of the Application or covered by these Regulations, Polish law shall apply. However, this shall not apply to matters between the Service Provider and the Service Recipient who is a Consumer, in such cases, the applicable law shall be the provisions of common law, not these Regulations.

2. These Regulations in no place limit the rights of Consumers, regulated in provisions of commonly binding law. In the event of a conflict between the provisions of these Regulations and provisions of generally applicable law relating to Consumers, only the provisions of the law shall apply.

3. The Service Recipient may contact the Service Provider on all matters relating to these Regulations, the Application, and other matters relating to the services provided by electronic means by the Service Provider, as follows:

a.  Email address: contact@portacapena.com;

b.  by regular mail at:

Porta Capena sp. z o. o.

ul. Marii Skłodowskiej-Curie 48/8

50-369 Wrocław

 

4. The Service Provider may amend these Regulations for important reasons, in particular if such amendment is necessary due to changes in the applicable legislation or changes in the functionality of the Application, technical or technological changes that may affect the use of the Application. The change is made by placing the new contents of the Regulations in the Application and on the website www.smartshopping.digital with a clear statement when the new Regulations become effective.

5. Registered Service Recipients of the Application shall be informed of the amendments to these Regulations by e-mail and if they do not accept the amendments, they may cancel their Account. Amendment of these Regulations in no way affects the acquired rights of the Service Recipients and shall not apply to contracts concluded prior to amendment of these Regulations.

6. The Application contains content protected by copyright, industrial property rights and intangible property protected by intellectual property rights. None of these contents, in particular the text, graphics, trademarks, logos, icons, photos, programs, presented in the Application may be reproduced or distributed in any form and by any means without prior permission. The Service Recipient undertakes to use the contents of the Application exclusively for his/her own permitted use.

7. Court-based resolution of disputes:

a.  Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or Privileged Entrepreneur shall be submitted to the competent courts for the Consumer / Privileged Entrepreneur;

b.  Any disputes arising between the Service Provider and the Service Recipient who is not a Consumer / Privileged Entrepreneur shall be submitted to the competent court for the seat of the Service Provider.

8. The Service Recipient who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the completion of the complaint procedure, a request for mediation or request for the case to be considered by an arbitration court. The Consumer may also use the free assistance of a county (city) consumer advocate or a social organization whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.

9. In order to resolve a dispute amicably, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform, available at the following address: https://ec.europa.eu/consumers/odr/.

10. These Regulations shall come into force on 01.01.2021.