Statute
website www.spotbrowser.com

 

1. Preliminary Provisions

The Internet portal available at the Internet address spotbrowser.com is run by Spotbrowser sp. z o.o. with its registered office in Rzeszów, ul. Poznańska 2c, 35-084 Rzeszów, whose registration files are kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under the number: 0000649203, NIP: 5170378154.
The Service Package offered by the Store is addressed primarily to entrepreneurs, in particular those who run a business in the real estate industry and any other industries in which the Service Package can be used. Nevertheless, the store also sells a Service Package for Customers who are Consumers, and the Regulations contain provisions that meet the requirements set out in the Act
of May 30, 2014 on consumer rights.
The Regulations define the terms and conditions of using the services and functions available by the Customers
on the Portal, including e.g. the rules and procedure for concluding contracts for the sale of the Service Package with the Customer and a description of the tools to which he receives access after placing and completing the order or after free registration.

2. Definitions

Customer – a consumer, a natural person conducting business activity, a legal person
and an organizational unit that is not a legal person, to which a separate act grants legal capacity, purchasing the Service Package using the Order Form.
Portal – an Internet portal run at spotbrowser.com
Store – an online store run by the Seller as part of the spotbrowser.com website, offering Service Packages.
Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties,
with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations – these Regulations of the Portal, constituting an integral part of the sales contract.
Order – Customer’s declaration of will submitted via the Order Form, aiming directly at concluding a contract for the sale of the Service Package with the Seller.
Order Form – a form by means of which the Customer orders a Service Package of his choice, in which he completes the relevant data necessary to complete the order.
Account – the Customer’s account on the Portal, in which the data provided by the Customer are collected and through which he receives access to the Customer’s panel.
Service Package – services and tools available on the Portal that are the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a contract for the sale of a Service Package concluded or concluded between the Customer
and the Seller via the Order Form on the terms specified
in the Regulations.
Visitors – a user viewing/visiting a virtual tour.
Seller – Spotbrowser sp. z o.o. with its registered office in Rzeszów, ul. Poznańska 2c, 35-084 Rzeszów.
Service Recipient – a user registered in the Portal (having an Account) creating
and publishing virtual walks.
Privacy Policy – a document regulating the protection of personal data provided by users of the Portal and IT data automatically obtained by the Portal, the content of which is made available on the Portal, and acceptance of the content is necessary to purchase the Service Package.
Consumer – a natural person with full legal capacity, making a legal transaction with the Seller (purchase of a Service Package using the Order Form) not directly related to its business or professional activity.
Website – Przelewy24 online service, available at przelewy24.pl, acting as an intermediary in transferring payments between the Seller and the Customer.

3. Contact with the Portal

Seller’s address: ul. Poznańska 2c, 35-084 Rzeszów.
Seller’s e-mail address: kontakt@spotbrowser.com
Seller’s phone number: +48 793 755 885.
4. Technical requirements

To use the Portal, including the use of all functions made available to the Customer and browsing the Service Package offered by the Portal, the following are necessary:

a device with access to the Internet with an installed web browser (Chrome ver. 77 +, Firefox ver. 71 +, Opera ver. 63 +, Safari ver. 13 +, Edge ver. 80 +, Internet Explorer – not supported),
cookies enabled,
expressed consent to receive notifications in browsers that support push notifications.
5. General information

The Seller shall not be liable for disruptions, including interruptions in the functioning of the Portal caused by force majeure, interruptions in the provision of services of telecommunications operators, unauthorized actions of third parties or incompatibility of the Portal with the Customer’s technical infrastructure.
Completion of the order and access to other functions made available to the Customer in the scope of paid limits is possible after the Customer completes the Order Form and access on the website of the Portal.
Placing an order for the offered Package of Services is possible after accepting these Regulations and confirming that the Customer has read its content.
Acceptance of the Regulations by the Customer is tantamount to submitting the following statements:
– I have read the Regulations with attachments (Agreement for entrusting the processing of personal data) and I accept all its provisions,

– I voluntarily started using the services offered by the Seller,

– the data contained in the Order Form are true,

– I have read the Privacy Policy document and accept its content.

 

6. Online Store

As part of the Portal, the Seller runs an Online Store offering paid Service Packages.
Each of the Service Packages differs in price and the degree of advancement and limits made available to the Customer. The Seller also offers the Customer one free package.
The prices of the offered products are given in Polish zlotys and are net prices. VAT must be added to the above prices.
The Seller also provides discount coupons for the purchase of Service Packages, which affect the price of each package. The seller may grant discounts to cooperating entities and customers of partner companies. The Seller reserves the right to freely shape the amount of the discount granted, depending on the type of promotion. Discounts are not cumulative and are granted only in the case of the purchase of the Basic Package or more expensive.

7. Terms and conditions of placing an order

In order to place an order, you must:
create an account,
choose the right Service Package,
The customer is transferred to the payment basket together with the selected Service Package,
The Customer completes the Order Form by providing the necessary data, i.e.:
– entrepreneur/consumer,

– name and surname (in the case of a Customer who is a Consumer),

– company name (in the case of a customer who is an entrepreneur),

– NIP number (does not apply to Consumers),

– street and building/apartment number,

– ZIP code,

– city,

– Telephone,

– e-mail adress,

The customer, before confirming the order, ticks the appropriate box, confirming that he has read these Regulations and the Privacy Policy,
in order to finalize the order and conclude the Sales Agreement, the Customer clicks the “Buy with obligation to pay” button.
The Seller documents the sale by issuing a VAT invoice for the data indicated by the Customer in the Order Form and delivers the invoice to the Customer in person, by post or by e-mail. For a Customer who is a Consumer, an invoice is issued on request.

8. Service Packages

The Service Packages offered by the Seller are online tools supporting the sale and rental of real estate with the use of virtual tours and built-in communication and presentation functions.
The Service Recipient can use the above tools by setting up a free account with limits to be used at the start. To register the Service Recipient, it is necessary to provide an email address and a password.
After creating an account, the Service Recipient may complete his profile with the following additional data:
name and surname that will be displayed as part of the virtual walk tool and will enable identification of the presenting entity,
the name of the company that will be displayed as part of the virtual walk tool and will enable identification of the presenting entity,
company logo displayed when using the virtual walk tool,
a profile picture that will be displayed during the ongoing conversation as part of the virtual walk tool,
As part of each of the Service Packages, the Service User gains access to the following tools:
virtual walk creator – allows you to create, edit, delete and publish a virtual walk,
text communicator (chat) – enabling electronic (text) contact between the Service Recipient using a virtual tour for the presentation, and the visitor,
voice communicator – enabling direct voice contact between the Service Recipient using a virtual walk for the presentation, and the visitor,
online presentation – enabling the mapping of the seller’s movements on the visitor’s screen and precise presentation of the offer to the interested person,
the possibility of publishing – enabling the publication of a virtual tour and its use
in the form of a link to the website,
branding option – allowing you to place the company’s logo when creating a virtual walk and its subsequent presentation, which allows you to protect the creativity of a given entity and identify the entity dealing with the offered real estate,
access to the mobile version – with the help of which the Service Recipient can use the currently available functionalities for a given mobile device operating system (iOs / Android) at any place and at any time.
The Seller is not responsible for further use of the created virtual walk and the place where it will be placed later by the Service Recipient.
In conjunction with

the fact that the tools offered by the Seller as part of the Service Package collect both personal data and IT data of users who use them, and then are archived (migrated) to the servers belonging to the Seller, it is necessary to conclude an agreement to entrust the processing of personal data in this respect, which constitutes Appendix No. 1 to these Regulations. above the attachment is an integral part of these Regulations.

 

9. Method and terms of payment

Payment for the purchased Service Package is made using the Website or by traditional bank transfer to the Seller’s account.
The website provides customers with various payment methods, accepts customer payments, confirms the payment to the Seller and transfers the payment to the Seller’s account.
Payment methods:
traditional transfer to the Seller’s account,
online transfer,
payment by credit card.
The payment date is the day on which the Seller received information from the Website about the correct payment by the Customer or crediting the Seller’s account in the case of a traditional transfer.
Detailed rules for the functioning of the Website are available at https://www.przelewy24.pl/regulamin.

10. The moment of concluding the contract and its duration

The Sales Agreement is concluded when the Customer clicks the “Buy” button
with the obligation to pay” referred to in § 7 section 1 point e) of the Regulations (does not apply to Consumers).
The contract is concluded for an indefinite period (does not apply to Consumers).
The agreement may be terminated by either party with one month’s notice, effective at the end of the month (does not apply to agreements concluded
with Consumers and Service Packages with the option to pay for one year in advance).
Termination of the contract for an indefinite period with the Service Package with the option to pay for one year
in advance, is possible after the end of the one-year period for which the payment was made.

11. Method and date of performance by the Seller

 

The Seller launches the Service Package after the Customer has made the payment.
The Service Package is launched no later than within 3 days from the date of crediting the Seller’s bank account.
The Seller reserves the right to suspend the provision of services (Account blockade)
if the Customer is in arrears with payment for a period longer than 60 days. Before suspending the provision of services, the Seller calls on the Customer, in the form of an e-mail, to immediately settle outstanding payments. In the absence of payment, the Account is blocked within 3 days from the date of sending the e-mail. The service is restarted within 3 days from the date of repayment of the entire debt by the Customer.
Suspension of the provision of services referred to in par. 3, does not release the Customer from the obligation to pay remuneration for the entire duration of the Sales Agreement.

 

12. Complaints procedure

The Sales Agreement covers all services available for the Service Package selected by the Customer, based on the limits specified by the Seller for each package.
Any application of the Customer to the Seller in which the Customer raises reservations regarding the purchased Service Package should be considered a complaint.
The seller considers the complaint immediately, no later than within 14 days from the date of receipt of the complaint, conducts it reliably, thoroughly and on time, observing the principles of objectivity and respecting the law.
The complaint is available at https://spotbrowser.com/zgloszenia-reklamacyjne. The Customer who is a Consumer may also submit a complaint in any other form:
in writing to the address: Spotbrowser Sp. z o.o., ul. Poznańska 2c, 35-084 Rzeszów
electronically, to the following e-mail address: reklamacje@spotbrowser.com
The complaint should include, among others: a concise description of the defect, circumstances of the order, date of occurrence of the defect, data of the Customer submitting the complaint and the Customer’s request in connection
with a defect in the Service Package.
The Seller, in order to verify the complaint, may contact the Customer
for supplementing the information necessary to consider the complaint. The time limit referred to in para. 3, starts running after the Customer completes the information.
If the Seller does not take a position in response to the complaint within the time limit referred to in paragraph 3, it is assumed that he considered the complaint to be justified.
By providing an e-mail address in the complaint, the Customer requests and agrees that the Seller will respond to the complaint in electronic form to the indicated address. At the express request of the person lodging the complaint, provided that he/she provides the necessary personal and contact details, the Seller responds to the complaint in writing or by means of another durable medium, in this case it is enough to send the parcel by registered mail to meet the deadline for settling the complaint.
The Seller allows the Customer to appeal against the position contained in the response to the complaint by submitting a reasoned request for re-opening the complaint.

receipt of the complaint, submitted within 14 days from the date of receipt of the response to the complaint.
After exhausting the complaint procedure, the Customer may bring an action to a common court.

 

13. Provisions regarding Customers who are Consumers

The Service Package offered by the Seller is a digital content made available in electronic form, enabling the Customer to make a virtual tour of the property.
The moment of conclusion of the Sales Agreement with the Consumer is the day of payment, i.e. the day of crediting the Seller’s bank account.
Agreements concluded with Consumers are agreements concluded for a definite period – in accordance with
with the offered Service Packages.
Fixed-term contracts cannot be terminated before the end of the period for which they were concluded.
The Seller communicates with the Customer using means of distance communication, the necessary contact details of the Seller are provided in § 3 of the Regulations.
The Service Packages offered by the Seller include the total net price (23% VAT should be added), for which the Customer can use the tools selected as part of the Service Package for one month. The purchase price of the Service Package includes all costs
and payment for the billing period (also applies to the option to pay for one year in advance).
The Seller does not charge additional fees when communicating with the Seller by telephone.
Due to the nature of the Seller’s service, the sale of digital content, the Customer – Consumer has the right to withdraw from the contract referred to in art. 27 of the Act
of May 30, 2014 on consumer rights, after the Seller has fulfilled the service – activation of the possibility to use the Service Package (legal basis for exclusion – Article 38 point 13) of the Act of May 30, 2014 on consumer rights. Making a statement
on withdrawal from the contract before the Seller fulfills the service takes place using the form provided by the Portal at: https://spotbrowser.com/odstapienie-od-umowy/. The form is not mandatory,
and the Customer may submit a declaration of withdrawal in any form that allows for an unambiguous expression of will (for example in writing, by fax or e-mail).
In the event of withdrawal from the contract, the Seller will refund the payment within 14 days. The refund will be made using the same payment methods that were used by the Customer, unless the Customer explicitly chooses a different solution.
The seller does not charge the costs of withdrawal from the contract.
The Seller informs that the Website, acting as an intermediary in payments between the Seller and the Customer, may charge fees in the event of a refund. Detailed information on the amount of fees is contained in the regulations for making payments on the Website available at https://przelewy24.pl/regulamin.
The Seller informs that he is obliged to deliver services/products without defects. In the event of defects, the Customer has the option of submitting a complaint on the terms set out in § 11 of the Regulations.

14. Processing of personal data

The administrator of the personal data of visitors collected via the Portal and provided directly by the Customer in order to use the Service Package and perform the sales contract is the Seller. The administrator of the data collected through the tools made available as part of the purchased Service Package is the Customer, subject to § 8 para. 6 of these Regulations.
The Privacy Policy indicates the purposes for which the Seller processes personal data.
As part of entrusting data processing – an external service provider (Microsoft) performs services in the field of hosting and presentation of websites. All data that, in the manner described in these Regulations and the Privacy Policy – have been collected as part of using the Portal or in the forms provided for this purpose in the online store, are stored on the servers of this service provider. Processing on other servers takes place only to the extent specified in the Privacy Policy.
Providing personal data and data identifying the economic entity is voluntary, but failure to provide the data necessary to place an order indicated in the Regulations results in the inability to conclude the Agreement.
The Customer grants the Seller, indefinitely and free of charge, consent to the use of the telephone number, the company under which it operates and the marking identifying it, including graphic or word-graphic – for marketing purposes regarding the use of the Seller’s services, including in promotional materials on the Website.
To the extent not regulated in this paragraph, the regulations contained herein shall apply
in the Personal Data Protection Act and in the Regulation of the European Parliament
and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to
with the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (hereinafter: GDPR), as well as in the document Policy Privacy Notice posted on the spotbrowser.com website.

 

15. Final Provisions

The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any change at least 7 days in advance.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; of the act
on the provision of electronic services; the act on the protection of personal data, Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016.
on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: GDPR).
Any disputes arising from the contracts concluded between the Seller and the Customer will be considered by the court competent for the seat of the Seller (not applicable to Consumers). The territorial jurisdiction of the Court in disputes with Consumers is determined by the provisions of the Act of November 17, 1964, the Code of Civil Procedure (as amended).
The content of these Regulations is available in an electronic version at the Internet address spotbrowser.com and in a written version at the address of the Seller’s registered office
i.e. ul. Poznańska 2c in Rzeszów.