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TERMS AND CONDITIONS FOR USE OF THE WEBSITE AT WWW.ITEMFORGE.COM
I. General provisions
III. Type and scope of electronic services
IV. Conditions of providing services and concluding electronic services agreements
V. Conditions of concluding sales agreements
VI. Payment methods
VII. Conditions of terminating electronic services agreements
VIII. Product warranty
IX. Complaints procedure
X. Right of withdrawal
XI. Intellectual property
XII. Final provisions
I. GENERAL PROVISIONS
1. The website located at www.itemforge.com is maintained by Bartosz Borowski trading as ItemForge Bartosz Borowski registered in the Business Activity Central Register and Information Record (CEIDG) operated by the Ministry of Economy of the Republic of Poland, principal place of business and address for service ul. Gwiazdowa 11/79, 94-011 Łódź, Poland, tax identification number NIP: 7272786797, statistical number REGON: 101415119, email address: .
2. These Terms and Conditions shall govern all use of www.itemforge.com by all Users.
3. These Terms and Conditions set forth: the type, scope and conditions of: rendering electronic services through www.itemforge.com; the conditions of concluding and terminating Electronic Services Agreements as well as the complaints procedure.
4. By using the Electronic Services available through the Website, the User agrees to be legally bound and to abide by these Terms and Conditions.
5. Customers are required to read and acknowledge these Terms and Conditions before placing an order and using the Electronic Services offered through the Shop.
6. The shop located at www.itemforge.com conducts online retail sales.
7. All trade names, programme names, game names or names of other products mentioned on www.itemforge.com may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on www.itemforge.com are for information purposes only.
8. To all matters not settled herein the following provisions of Polish law shall apply:
a) Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
b) Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
c) Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
1. WORKING DAY - shall refer to Monday to Friday, excluding public holidays and weekends.
2. REGISTRATION FORM – means the electronic form available at www.itemforge.com required to register an Account.
3. ORDER FORM - shall refer to the electronic form available at www.itemforge.com, required for Order placement.
4. CONSUMER - means any natural person who, in transactions covered by these Terms and Conditions, is acting for purposes that are outside of their business, trade or profession.
5. CUSTOMER – shall refer to any User concluding a Sales Agreement with the Seller.
6. ACCOUNT – means an electronic collection of data, including User data, stored on the Service Provider’s ICT System and identified by individual username (login name) and password chosen and registered by the User.
7. TERMS AND CONDITIONS – means these Terms and Conditions.
8. SHOP - shall mean the Service Provider’s online Shop located at www.itemforge.com.
9. SELLER, SERVICE PROVIDER – means Bartosz Borowski, trading as ItemForge Bartosz Borowski, ul. Gwiazdowa 11/79, 94-011 Łódź, Poland, tax identification number NIP: 7272786797, statistical number REGON: 101415119.
10. PRODUCT - shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the Shop.
11. SALES AGREEMENT - shall refer to any Product Sales Agreement concluded between the Customer and the Seller via the website www.itemforge.com.
12. USER – means any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
13. ELECTRONIC SERVICE - means any service provided electronically by the Service Provider to the User through the website www.itemforge.com.
14. ORDER - shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
15. NEWSLETTER - shall refer to the free email information service available by subscription and allowing Users to receive updates on Products from the Service Provider.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The following Electronic Services are made available through the Website:
a) Concluding Product Sales Agreements,
b) Managing website Account,
c) Using Newsletter.
2. These Terms and Conditions shall apply to all Electronic Services provided through www.itemforge.com.
3. The Service Provider reserves the right to display advertising content on the Website. Such content is an integral part of the Website and the materials presented therein.
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
1. The Electronic Services set forth in chapter III point 1 of these Terms and Conditions are free of charge.
2. Term of the agreement:
a) The Electronic Services Agreement for Account management is concluded for an indefinite period of time.
b) The Electronic Services Agreement enabling the User to place an Order via the Website is concluded for a definite period of time and terminates upon placement or withdrawal of the Order.
c) The Electronic Services Agreement for Newsletter is concluded for an indefinite period of time.
3. End-user hardware, network and software requirements for the ICT system used by the Service Provider:
a) A computer with an active internet connection,
b) email address,
c) Internet browser,
4. The User agrees to use the Website in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
5. The User is obliged to provide accurate and complete information to the Service Provider.
6. The User is prohibited from providing any unlawful or illegal content.
V. CONDITIONS OF CONCLUDING SALES AGREEMENTS
1. The information provided on www.itemforge.com does not constitute an offer to sell Products or services as defined by applicable law. By placing an order the Customer makes an offer to buy a Product under the terms set forth in the Product description.
2. All virtual goods available through the Website are the exclusive property of the game creator. The Seller is in no way affiliated with any game publisher or creator.
3. The Product prices at www.itemforge.com are given in Polish zloty (PLN), Euro (EUR) and US Dollars (USD) and include all measurable costs.
4. The Product prices at www.itemforge.com only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
5. In order to place an Order the Customer is required to provide the game mode (server) as well as all relevant information necessary to complete the Order.
6. The Customer is not required to register an Account to place an Order.
7. Orders can be placed through the website 24 hours a day by completing an Order Form at www.itemforge.com.
8. Conclusion of Sales Agreements.
a) In order to conclude a Sales Agreement, the Customer must place an Order through one of the methods made available by the Seller.
b) After the Order has been placed, the Seller immediately confirms its receipt. The receipt confirmation email shall include the following elements:
- confirmation of all relevant Order details
- model statement of withdrawal from the agreement
- these Terms and Conditions.
c) Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer.
d) After receiving the confirmation email, as set forth under point 8 (c), the Sales Agreement between the Customer and the Seller is finally concluded.
9. Every game related to Products available on the Website, possesses distinct rules, requirements and conditions prescribed by the game creator and set forth in the game description. The Customer is expected to abide by the above.
10. Every Product available through the Website is accompanied with a description and an additional link to the page containing all the remaining information. The Customer is requested to read and acknowledge the description as well as the linked information in its entirety.
11. The game owners as well as their developers, agents and representatives may not place Orders or conclude Electronic Services Agreements with the Seller.
VI. METHODS OF PAYMENT
1. The following payment options are made available to the Customer:
a) electronic payment (PayPal),
b) electronic payment by Skrill / PaySafeCard (PSC),
c) traditional bank transfer to the Seller’s bank account.
In the case of traditional bank transfers, payments should be made to the following bank account: PL46114020040000311202666790 (payments in EUR) or
PL55114020040000360274256006 (for other currencies), the remaining bank account data are identical for both accounts: mBank BIC/SWIFT: BREXPLPWMBK, Sort code: 11402004, ItemForge Bartosz Borowski, ul. Gwiazdowa 11/79, 94-011 Łódź, Poland. The Customer should enter the following in the payment title: “Order no. …..”.
2. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 Working Days of its conclusion in the case of electronic payments or 7 working days if the payment was made by traditional bank transfer, unless indicated otherwise in the Sales Agreement.
3. All payments must be made before service can be processed.
4. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks.
5. If the Customer has selected a payment option other than traditional bank transfer, he may receive a request for identity verification within 24 hours of payment receipt.
6. Should the Customer fail to fulfil the duties prescribed under point 5 of this chapter, i.e. refuses to verify his identity, the Seller may withdraw from the Agreement and the full amount paid shall be returned without delay and no later than within 7 days.
VII. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
1. Terminating an Electronic Services Agreement:
a) Continuing and indefinite-term Electronic Services Agreements (e.g. account maintenance agreement) may be terminated.
b) The User may terminate the agreement with immediate effect and without giving any reason by sending an appropriate statement to the following email address: .
c) The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
d) The notice of termination leads to a cessation of legal relations with the effect for the future.
2. An Electronic Services Agreement may be terminated at any time by mutual agreement of the parties.
VIII. PRODUCT WARRANTY
1. Some Products available for purchase at www.itemforge.com carry a Seller’s warranty.
2. The Product category for Products covered under a warranty is specified by the Seller in the Product description.
3. The warranty period is 6 months from the date when access to the service Product is granted to the Customer.
4. A proof of purchase is required to validate any warranty claims.
IX. COMPLAINTS PROCEDURE
1. Statutory warranty process:
a) The legal basis and the extent of the Seller’s liability for defects in Products have been defined by the provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
b) Notice of a Product defect and all statutory warranty claims should be submitted via email to or in writing to the following address: ul. Gwiazdowa 11/79, 94-011 Łódź, Poland.
c) All claims, defined under point 1 (b) of this chapter, should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
d) All Customer claims shall be resolved promptly and in any event no later than within 14 days following the date of receipt. A response to the claim shall be sent by email or other preferred method of contact indicated by the Customer.
e) In case of claims issued by Consumer Customers - the Seller’s failure to consider the Customer’s claim within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. The Seller shall bear all costs and expenses incurred in connection with the replacement of the defective Product with a new one, free from any defects.
2. Complaints procedure for the Electronic Services offered by the Service Provider:
a) Complaints about Electronic Services provided via www.itemforge.com should be submitted via email to: .
b) All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
c) All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
d) A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
X. RIGHT TO WITHDRAW
1. Consumers have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the Consumer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by filling in and submitting the model withdrawal statement attached to the Order confirmation email).
2. In the case of a withdrawal from a Sales Agreement, the Agreement shall be considered null and void. In the case of a withdrawal, the Customer is required to return everything received under the Sales Agreement, without delay and no later than within 14 days of the date of withdrawal, to the Seller or any person authorised by the Seller.
3. With the reservation of point 8 of this chapter, the Seller shall reimburse to the Consumer all payments paid under the Sales Agreement. The refund shall be made in the same method of payment which the Consumer used for the payment transaction, unless the Consumer has agreed to another method of reimbursement which incurs no costs to the Consumer.
4. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
5. The “cooling-off” period expires 14 days after the day the Consumer received the Product, or after the day of concluding an agreement for the provision of services.
6. If the Consumer exercises the right to withdraw after he has submitted a request for service performance, he is required to pay the amount due for the services which have been performed before the withdrawal.
7. The payment amount shall be calculated proportionally to the scope of services performed and the price or remuneration stipulated in the Agreement. The basis for calculating the payment is the market price of such services.
8. The right of withdrawal from a distance agreement does not apply to:
a) Agreements for the supply of a service, after the service has been fully performed, the performance of the service begun with the Consumer’s prior express consent and with the acknowledgement that the Consumer would lose his right of withdrawal once the Agreement had been fully performed by the Seller.
b) Agreements for the supply of digital content which is not supplied on a tangible medium, if the performance of the service begun before the end of the withdrawal period with the consumer’s consent and with the acknowledgement that the Consumer would lose his right of withdrawal once the performance of the services had begun.
c) Agreements for the supply of services whose price depends on fluctuations in the financial market, outside the Seller’s control and which may occur before the withdrawal period expires.
d) Products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.
XI. INTELLECTUAL PROPERTY
1. The compilation of all content located at www.itemforge.com (with the exception of point 7, chapter I as well as the elements whose rights have been licensed or assigned) is the exclusive property of Bartosz Borowski trading as ItemForge Bartosz Borowski, principal place of business and address for service: ul. Gwiazdowa 11/79, 94-011 Łódź, Poland, NIP: 7272786797, REGON: 101415119. The User shall bear all liability for damages resulting from their use of the content of www.itemforge.com without the consent of the Service Provider.
2. Any use or reproduction of the content of the website www.itemforge.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
XII. FINAL PROVISIONS
1. Agreements concluded through the Website are construed in accordance with the laws of Poland.
2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
3. Any disputes arising between the Service Provider and the User shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point (4).
4. Judicial dispute settlement procedures:
a) Any disputes arising between the Service Provider and the consumer User shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
b) Any disputes arising between the Service Provider and the non-consumer User shall be settled by the court having jurisdiction over the Service Provider’s registered office.
5. Consumer Users may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (see model request forms). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection. The User may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform.