Motioncube Store Regulations

§ 1

GENERAL PROVISIONS  

  1. Store https://motioncube.io/en/applications works on the basis of set out in this Terms and Regulations Website https://motioncube.io.  
  2. The Regulations define the conditions for concluding and terminating Product Sales Agreements and the procedure complaint procedure, as well as the types and scope of services provided electronically by Shophttps://motioncube.io/en/applications, terms of service these services, the conditions for concluding and terminating contracts for the provision of electronic services.  
  3. Each Service Recipient at the moment of taking steps to use the Services Electronic Store https://motioncube.io/en/applications is obliged to comply with the provisions of these Regulations.  
  4. In matters not covered by these Regulations, the following provisions shall apply:
    1. Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended),  
    2. The Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827),  
    3. Act on out-of-court resolution of consumer disputes of September 23, 2016 (Journal of Laws No. 2016 item 1823),  
    4. of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law,
    5. as well as the provisions ofRules of Procedure Website as well asPlayer License.

§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

  1. MOTIONCUBE APP (APPLICATION)- Product type available in the Store, which may only be run once installed on the Player.
  2. REGISTRATION FORM- the form is available on the website https://store.motioncube.io to create an Account.
  3. ORDER FORM- the form is available on the website https://store.motioncube.io to place an Order.
  4. CUSTOMER- the Service Recipient who intends to conclude or has concluded a Sales Agreement with Seller.
  5. CONSUMER- a natural person who performs a legal transaction with the entrepreneur not related directly to its business or professional activity.
  6. ACCOUNT- marked with an individual name (login) and password, a collection of resources in the Service Provider's ICT system in which the Service Recipient's data, including information, is collected about placed Orders. Account activation takes place after clicking on the activation link sent to the address indicated in the Registration Form. Registering an Account on the Website is tantamount to setting up an Account in the Store.
  7. LICENSE- the serial number to which the Products are assigned at the time of their purchase.
  8. MODULE- a set of additional functionalities available in the Player.
  9. PACKAGE- a set of compatible Products with one price and being the subject of the Order.
  10. PLAYER- application called Motioncube Player provided by Service Provider via the Website, which is necessary to download and run the Products purchased in the Store.
  11. PRODUCT- digital content available in the Store that can be run only using the Player provided by the Seller or the service being the subject Sales Agreements between the Customer and the Seller.
  12. REGULATIONS- these Store regulations.
  13. SERVICE- the Service Provider's website operating at https://motioncube.io.
  14. STORE- Service Provider's Online Store operating at https://motioncube.io/pl/aplications and a store built into the Player.
  15. SELLER, SERVICE PROVIDER- Rafał Petryniak performing business activity under LavaVision Rafał Petryniak entered into the Central Register and Information on Business Of the Republic of Poland run by the minister responsible for economy, place of business and address for service: ul. Stanisława Skarżyńskiego 5/14, 31-866 Krakow, NIP: 6751317019, REGON: 122588869, e-mail address: contact@motioncube.io, telephone number: +48 795 774 778.
  16. MOTIONCUBE TEMPLATE (TEMPLATE)- Product type available in the Store, which after installed in the Player allows you to create your own configurations which can then be used launched by the Player.
  17. SALES AGREEMENT- Product Sales Agreement concluded between the Customer and the Seller via the Store.
  18. ELECTRONIC SERVICE- a service provided electronically by the Service Provider to the Customer via the Store.
  19. SERVICE RECIPIENT- a natural person, legal entity or organizational unit without legal personality, which the law grants legal capacity to use the Service Electronic.
  20. VIRTUAL WALLET (WALLET)- the Service provided as part of the Customer's Account Electronic, allowing the Customer to deposit and collect funds in the form of loans, which can be used only for the purchase of Products available in the Store.
  21. ORDER- Customer's declaration of will constituting acceptance of the conclusion offer Product Sales Agreement with the Seller.

§ 3

INFORMATION ABOUT THE PRODUCTS AND THEIR ORDER

  1. Store https://store.motioncube.io is selling Products via the Internet.
  2. Products offered in the Store are new, free from physical and legal defects and have been legally introduced to the Polish market.
  3. The information on the Store's website constitutes an offer within the meaning of the provisions rights. By placing an Order, the Customer confirms the purchase of a specific Product under the conditions set out in its description.
  4. The Product price shown on the Store's website is given in Polish zlotys (PLN)   and includes all components, including VAT.
  5. The price of the Product shown on the Store's website is binding upon submission by the Customer Orders. This price will not change regardless of any price changes in the Store that may occur for individual Products after the Customer places an Order.
  6. Orders can be placed via the website using the Order Form (Store https://store.motioncube.io) and a store built into the Player - 24 hours a day all year round.
  7. In order to place an Order, the Customer is obliged to:
    1. Account registration in the Store or the Website,
    2. generate a License in the user panel in the "My licenses" tab,
    3. activation of the Player by providing the generated License.
  8. The Client can generate a maximum of 5 Licenses which are not assigned to any device.
  9. License generation is free.
  10. The license is strictly tied to the Account. The customer is not entitled to portability Products between Licenses, as well as for the transfer of Licenses and Products between different Accounts.
  11. The Client device on which the activation of the Player will be performed is registered in The website using its unique parameters, such as the serial number of the processor, disk hard drive and network card. Replacing any of these items will lock the Player to device. In order to avoid blockage, it is recommended to deactivate the Player first in accordance with the Website Regulations, then replacement of the required device components and execution reactivation.
  12. Applications and Templates may require additional functionality available in the Player in order to may have been installed and run. The modules required for the Application or Templates are indicated in the descriptions of these Products in the "Required Modules" section. Modules can be paid or free.
  13. The Service Recipient may activate the Module by assigning the Module to the indicated one License in the Client Panel.
  14. When placing an Application or Template Order in the Store, the Customer may be informed about the lack of the required Module for the Application or Template. In this case, the Module will stay automatically added to the Order Form along with the name and price. The moment payment approval. The module that has been added to the Cart is added to the License, which was indicated in the purchasing process. This is equivalent to Activating the module.
  15. The condition for placing an Order in the Store by the Customer is to read the Regulations and acceptance of its provisions at the time of placing the Order.

§ 4

CONCLUSION OF THE SALE CONTRACT

  1. To conclude a Sales Agreement, the Customer must place an Order in advance methods made available by the Seller in accordance with § 3 points 6 to 15.
  2. Placing an Order by the Customer binds the Customer with his Order.
  3. Upon receipt of the Order by the Seller, a Sales Agreement is concluded between the Customer, and the Seller.
  4. The content of the Regulations is sent to the Consumer on a durable medium in PDF format.
  5. Each Sale Agreement will result in a reduction of the balance of funds accumulated in the Virtual Portfolio with the equivalent of the ordered Products.

§ 5

METHODS OF PAYMENT

  1. The seller provides the following payment method: Virtual payment Wallet.
  2. Funding the Virtual Wallet with funds takes place via electronic services payment or transfer to the Seller's bank account number: 74 1950 0001 2006 0323 0820 0002.
  3. The Client should top up his Virtual Wallet with an amount equal to or higher than the value of the Order.
  4. Electronic payment services allow you to pay by credit card or fast transfer from selected Polish banks.
  5. The customer is obliged to pay the price under the Sales Agreement, which is related to automatic collection of the appropriate number of credits from the Virtual Wallet, corresponding to the price purchased Product.
  6. The product will be made available only after its payment.

§ 6

PRODUCT COMPLAINT

  1. Complaint under the warranty.
    1. The basis and scope of the Seller's liability towards the Customer who is a Consumer, due to warranty covering physical and legal defects are specified in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended)
    2. Notifications of Product defects and making a relevant request may made via the "Contact" tab, via e-mail to the following address: contact@motioncube.io or in writing to the following address: LavaVision, ul. Stanisława Skarżyńskiego 5/14, 31-866 Krakow.
    3. Please provide as much as possible in the above message in writing or electronically information and circumstances regarding the subject of the complaint, in particular the type and date irregularities and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller.
    4. The Seller will respond to the Customer's request immediately, no later than within 14 days.
    5. In the case of a complaint from a Customer who is a Consumer - failure to process the complaint on time 14 days is synonymous with its inclusion. In connection with a justified customer complaint being a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a free one defects.
    6. The response to the complaint is provided to the Consumer on paper or other durable medium.

§ 7

RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. Subject to point 5 of this paragraph, the Customer who is also a Consumer who concluded a distance contract, may withdraw from it without giving reasons, by submitting an appropriate statement in within 14 days. To meet this deadline, it is enough to send the provided by the Store declaration of withdrawal from the contract.
  2. In the event of withdrawal from the contract, the Sales Agreement is considered void and the Consumer has obligation to return the Product to the Seller or hand it over to a person authorized by the Seller to pickup immediately, but not later than 14 days from the date on which he withdrew from the contract. Down meeting the deadline, it is enough to return the Product before its expiry.
  3. The Seller will refund all payments made by the Consumer related to the Agreement Sale, from which the Consumer withdraws, immediately, no later than within 14 days from the date receipt of the Consumer's statement on withdrawal from the contract, using the same method the payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not entail any costs for him.
  4. The fourteen-day period during which the Consumer may withdraw from the contract counts in the case of services from the day of concluding the contract.
  5. The right to withdraw from a distance contract is not available to the Consumer in in the event of a contract for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract
  6. Both the Seller and the Customer have the right to withdraw from the Sales Agreement (Consumer), in the event of the other party's failure to perform its obligations on time strictly defined.

§ 8

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Store, such as:
    1. concluding Product Sales Agreements,
    2. using the Account.
  2. The provision of Electronic Services to Customers in the Store takes place on the terms specified in the Regulations and the Regulations of the Website.
  3. The Service Provider has the right to post advertising content on the Store's website. Content these are an integral part of the Store and the materials presented in it.

§ 9

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in § 8 point 1 of the Regulations by the Service Provider is free of charge.
  2. The period for which the contract is concluded:
    1. contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
    2. a contract for the provision of Electronic Services consisting in enabling the submission of an Order in The store is concluded for a definite period of time and is terminated when the Order is placed or cessation of its submission by the Customer.
  3. Technical requirements necessary to work with the ICT system that it uses the Service Provider:
    1. computer or mobile device with internet access,
    2. access to e-mail,
    3. web browser,
    4. enabling cookies and Javascript in the web browser.
  4. The Service Recipient is obliged to use the Store in a lawful and good manner customs, with a view to respecting personal rights and intellectual property rights of people third.
  5. The Service Recipient is obliged to provide factually correct data.
  6. The recipient is prohibited from providing illegal content.

§ 10

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Customer's Store may submit via e-mail to the following address: contact@motioncube.io.
  2. In the above email, please include as much information and circumstances as possible the subject of the complaint, in particular the type and date of irregularities and data contact. The information provided will significantly facilitate and accelerate the consideration of the complaint by Service Provider.
  3. Consideration of the complaint by the Service Provider takes place immediately, no later than within 14 days.
  4. The Service Provider's response to the complaint is sent to the Service Recipient's e-mail address provided in making a complaint or in any other way provided by the Customer.

§ 11

TERMS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. 1. Termination of the contract for the provision of Electronic Services:
    1. The contract for the provision of Electronic Services of a continuous nature may be terminated and for an indefinite period (Account).
    2. The customer may terminate the contract with immediate effect and without giving reasons by sending a relevant statement via e-mail to the following address: contact@motioncube.io.
    3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous nature and indefinitely in the event that the Service Recipient violates the Regulations, in particular when delivering illegal content following an unsuccessful prior request to stop violations with an appropriate deadline. In such a case, the contract expires after 7 days from the day of submitting the declaration of will on its termination (notice period).
    4. Termination leads to termination of the legal relationship with effect for the future, and measures accumulated in the Virtual Wallet are refundable and payable to the bank account Recipients.
  2. 2. The Service Provider and the Client may terminate the contract for the provision of Electronic Services in each time by agreement of the parties.

§ 12

INTELLECTUAL PROPERTY

  1. All content posted on the website at https://store.motioncube.io enjoy copyright protection and (subject to the elements used on the basis of license or fair use) are owned by Rafał Petryniak who carries out the activity business under the name LavaVision Rafał Petryniak, address of the place of business and address for deliveries: ul. Stanisława Skarżyńskiego 5/14, 31-866 Kraków, NIP: 6751317019, REGON: 122588869. The Service Recipient is fully responsible for the damage caused to the Service Provider, which is a consequence of the use of any content of the website https://store.motioncube.io, without the consent of the Service Provider.
  2. Any unlawful use by anyone of any of the constituent elements the content and content of the website https://store.motioncube.io constitutes an infringement of the copyright of the Service Provider and results in liability civil law and criminal law.

§ 13

FINAL PROVISIONS

  1. Agreements concluded through the Store are concluded in accordance with Polish law.
  2. In the event of non-compliance of any part of the Regulations with applicable law, instead of of the challenged provision of the Regulations, the relevant provisions of Polish law shall apply.
  3. Any disputes arising from the Sales Agreements between the Store and Consumers will be settled in first by negotiation, with the intention of an amicable settlement of the dispute, z taking into account the act on out-of-court resolution of consumer disputes. However, if it wasn't then possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, pursuant to point 4 of this paragraph.
  4. Court settlement of disputes:
    1. Any disputes arising between the Service Provider and the Service Recipient (Customer) being at the same time, the consumer is subject to the courts competent in accordance with the provisions of the code civil proceedings of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
    2. Any disputes arising between the Service Provider and a non-Customer Service User at the same time, the Consumer is subject to the court having jurisdiction over the Service Provider's seat.
  5. The Customer who is a Consumer also has the right to use out-of-court settlement methods disputes, in particular by submitting an application for commencement of mediation or application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223) . List of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates The Trade Inspection Authority is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596 . The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuing claims after the end of the complaint procedure is free of charge.
  6. The consumer may, in particular, file a complaint for an amicable settlement of the dispute via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.

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