Website Terms and Conditions

Terms and Conditions of the Diablodesign.eu Online Store

The Diablo Design online store, operating at https://www.diablodesign.eu, is run by Aneta Kawka Accounting Office, located at Os. Na Stoku 27a/17, 31-705 Kraków, registered in the Central Registration and Information on Business, NIP 6781513021, REGON 6781513021.

Contact with the Store

Paweł Kawka DiabloDesign, Os. Na Stoku 27a/17, 31-705 Kraków

Contact form: https://www.diablodesign.eu/

Email: biuro[@]diablodesign.eu

Tel.: 666 977 944 from 9 AM to 5 PM

I. Definitions

Online Store (Store) - Diablo Design online store, operating at https://www.diablodesign.eu
Template/Template - a computer application consisting of a set of scripts and other elements (e.g., graphics, sounds) used by the web server and reading devices, such as web browsers.
Zip Package – a set of templates/templates compressed in "ZIP" format.
Product – a template or a set of templates offered by the Store.
Form – a form on the Store's website that the Customer fills out to make a purchase/place an order.
Customer – a natural person with full legal capacity, a legal entity, or an organizational unit without legal personality that can acquire rights and incur obligations in their own name, making purchases of Products in the Store.
Consumer - a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
Provision of Services Electronically - performing a service provided without the simultaneous presence of the parties (remotely), by transmitting data at the individual request of the service recipient, sent and received using electronic processing devices, including digital compression and data storage, entirely transmitted, received, or broadcast via a telecommunications network as defined by the Act of July 16, 2004 - Telecommunications Law;
Civil Code – Act of April 23, 1964 (Journal of Laws 2014, item 121, as amended);
Act on the Provision of Services by Electronic Means – Act of July 18, 2002, on the Provision of Services by Electronic Means (Journal of Laws 2013.1422 consolidated text)
Consumer Rights Act – Act of May 30, 2014, on Consumer Rights (Journal of Laws of June 24, 2014)

II. General Provisions

This regulation defines the rules for providing electronic services by the online store http://www.diablodesign.eu, consisting of delivering digital content, granting licenses for products, and providing services to the Store's Customers. It specifically outlines the procedures for placing, fulfilling, and canceling orders, payment methods, the complaints procedure, and the process for withdrawing from the contract.
The Store grants licenses and provides services via the Internet through the website https://www.diablodesign.eu
To use the services, browse the website, and make purchases in the Store, a device equipped with Microsoft Windows XP or higher, an internet browser compatible with Internet Explorer version 8 or higher, and internet access are required. Additionally, the specific requirements for each offered product are listed in the product description on the Store's website. Product support is available through the contact form, email address, and phone number provided at the beginning of these terms.
Proper functioning and operation of our products require Joomla! software. Joomla! is a Content Management System (CMS) designed for creating and managing a website. Joomla! software is available on the manufacturer's website http://www.joomla.org. Proper operation of Joomla! software requires appropriate server configuration by the Customer. Configuration requirements and instructions for configuring the server can be found on the Joomla! website at http://www.joomla.org/technical-requirements.html. Using our products requires basic knowledge of how Joomla! software works. All help and instructions regarding this software are available on the Joomla! website http://www.joomla.org.
Unless otherwise stated and not explicitly indicated in the description, all templates are prepared for the latest version of Joomla! software. We do not guarantee that the template will be compatible with older versions of the same software. The latest version for download and all information about Joomla! software are available on the http://www.joomla.org website.
The Customer is prohibited from providing illegal content, particularly content that violates applicable laws, the rights of third parties, or is contrary to social coexistence principles.
The Service Provider is not liable for damages incurred by the Service Recipient resulting from the non-performance or improper performance of the provided Services if caused by: a malfunction or incompatibility with the Customer's technical infrastructure, unlawful or non-compliant use of the Portal by the Service Recipient, or force majeure.
The Service Provider is not liable for damages resulting from the failure to meet the technical system requirements outlined in points 3 and 4 of this section that the Store's Customer uses.
The Service Provider reserves the right to perform technical updates and maintenance on the Portal, which may result in temporary unavailability of the Store's website. Information about the maintenance schedule and expected downtime will be posted on the Store's website 7 days before the planned maintenance.
The Customer is obliged to ensure that unauthorized persons do not use the products purchased from the Store in a manner that is unlawful, contrary to the Regulations, or the terms of the license.

III. Purchase Procedure

Orders to purchase product licenses are placed through the https://www.diablodesign.eu/ website.
To make a purchase, an active email account is required.
The website features a product catalog in demo version. The demo version of the template has a limited administrative panel and is available for free download to test the product.
The purchase process begins by selecting (clicking) the desired product from the product catalog available on the Store's website. After selecting the product, the Customer will be redirected to a page with product information. The product information serves as an invitation to enter into a contract as defined by Article 71 of the Civil Code.
The Store offers two ways to place an order for the selected product:
- Order placed through the PayPal service:
  - After selecting the template of interest, enter the template name in the field labeled “Write the name of the template”.
  - Confirm the purchase by clicking “BUY NOW,” after which you will be redirected to the PayPal service page where you can make the payment for the selected product.
  - Instructions, terms, and conditions for using the PayPal service are available on the service's website at https://www.paypal.com
  - The euro exchange rate is determined according to PayPal's rules.
  - After making the payment, the PayPal.com system will redirect you to a page with a form where you provide VAT Invoice details.
- Order placed by filling out the form available at http://diablodesign.eu/formularz-zamowienia
  - The order form is also available on the main page of the website by clicking “Buy License” and directly in each product description as a link with the text “Click here to buy the full version”.
  - To fill out the form, the Customer will be asked to provide the following information in the registration form: first and last name or company name, address (street, city, postal code), NIP, email address, phone number, website address where the template will be installed, name of the selected template.
  - There is also the option to attach a bank transfer confirmation to facilitate and expedite the transaction.
  - After filling out the registration form, the Customer expresses consent to the processing and storage of personal data by marking the appropriate checkbox. Checking the box is voluntary, but not doing so may prevent proper registration or purchase.
  - After completing the form, the Customer confirms the order by clicking the “SEND” button. Performing this action is equivalent to making an offer to the Store to conclude a purchase (sale) contract for the ordered product and obligates the Customer to pay for the selected product.
  - The transfer in the amount specified in the Store's offer should be made to the bank account at PKO BP with the number: 94 1020 2906 0000 1102 0341 3333
After the payment is credited to the Store's account, an email containing the full version template in a “zip” package, a license key, and a VAT invoice in PDF format will be sent to the email address provided in the order form or registered in the PayPal service. Starting the download of the template file is equivalent to the commencement of the service fulfillment referred to in Article 38, Point 13 of the Consumer Rights Act, which means the right to withdraw from the contract is lost at the moment the download begins.
At http://diablodesign.eu/ under the “License Key” tab, all information regarding downloading, installation, and entering the license key for the purchased products is available.
Product prices listed in the product catalog on the Store's websites are expressed in Polish Złoty (PLN) or Euros (€) and include VAT.
The templates we offer automatically adjust to screen width/resolution (so-called responsive web design/RWD).
At the Customer's request, an invoice can also be sent in paper form. To do this, please send an email to biuro[@]diablodesign.eu.

IV. Copyright

All graphics, texts, content, and source code on our websites are protected by copyright law and international agreements. They cannot be copied without explicit permission from Diablodesign.eu. Diablodesign.eu reserves all rights to the aforementioned material. Reusing content or graphics without our consent is prohibited.
The content of our demo site is intended to provide a preview of how the website may look when being developed or completed. The demo template, so-called Demo, contains images, graphics, and texts that cannot be used by third parties without written consent from Diablodesign.eu.
All Diablodesign.eu templates and extensions, particularly PHP code parts, are created and released under the GNU General Public License version 2 (the license text is available at http://www.gnu.org/licenses/gpl-2.0.html).
If not stated otherwise, all photos, video materials, user manuals, cascading style sheets, and JavaScript scripts authored by us are not subject to the GPL license and are distributed as proprietary products and solutions of Diablodesign.eu, and as such, are protected under the Act of February 4, 1994, on Copyright and Related Rights.
Proprietary copyrights to all content mentioned in point 2 of this section belong to the Store.
Purchasing a product does not transfer copyright ownership to the purchaser.
Upon providing the Customer with a license key along with the ZIP package of the Product, the Store grants a limited, non-exclusive license to use the Product. The license is granted under the following terms:
- Downloading and installing the product on the Customer's device
- Unlimited modification of the template for personal use
- Modification of the product as necessary to create a website
- Sale of the website created using the purchased template to third parties, both individuals and entrepreneurs
- The right to change or remove the link referring to diablodesign.eu placed in the website footer
- Purchasing one template entitles the creation of one website. A website created based on the template, but not the template itself, may be subject to further distribution. In the case of a sale of a website created based on the template, the Customer loses the right to create another website using the same template and the right to sell copies of the sold website. To create another website, an additional license (template) must be purchased.
The user is not entitled to reproduce, distribute, redistribute, or use our templates in any other commercial form in parts not covered by the GPL license without obtaining prior written consent from the Store, particularly:
- Granting licenses, reselling, transferring, renting, leasing, exporting, importing, distributing, transmitting, or otherwise granting third parties rights related to our products
- Altering or removing author information in file headers and descriptions is prohibited
- Using our trademarks is prohibited
- Placing our products, modified or not, on CDs, floppy disks, DVDs, websites, or other media for redistribution or resale is prohibited
- Distributing modified files in any other way is prohibited
Additional restrictions on the use of the Product may result from information attached to the Product or found in the product description.
The restrictions outlined in this section do not apply to DEMO templates available on the Store's website for free. Free templates may be distributed in any legally permissible form.

V. Payment Methods

Payments for ordered products can be made via:

PAYPAL service – operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered in R.C.S. Luxembourg under number B 118 349), with its official headquarters in Luxembourg, L-2449
Bank transfer to the PKO BP bank account number 94 1020 2906 0000 1102 0341 3333

VI. Complaints

The Store delivers its products without defects. Products should conform to the description on the product page.
Any technical problems, irregularities in the store's operation, or purchased products should be reported through the contact form on the http://diablodesign.eu/kontakt page or via email at biuro[@]diablodesign.eu
Complaints can be submitted 24/7 but will be addressed during the Store's office hours, i.e., from 9 AM to 5 PM on business days.
The deadline for processing a complaint is 3 business days from the receipt of the complaint.

VII. Withdrawal from the Contract / Cancellation of the Order

A Consumer who has purchased a product, except in situations provided for in point 3, has the right to withdraw from the sales contract of products purchased in the Store within 14 days from the date of concluding the contract without stating any reason and without incurring any costs. To exercise the right to cancel the order and withdraw from the contract, the Customer must send an appropriate declaration. A sample declaration is available for download in PDF format at: http://diablodesign.eu/dokumenty/wzor_formularza_odstapienia_od_umpowy.pdf
The declaration of withdrawal from the contract can be submitted in any possible manner that allows the Store to become acquainted with its content. In particular, the declaration can be sent via Mail (or another postal operator) to the address:
Paweł Kawka DiabloDesign, Os. Na Stoku 27a/17, 31-705 Kraków

It can also be submitted in writing at the Store's headquarters at the same address or sent electronically to: biuro[@]diablodesign.eu
The right to cancel the order and withdraw from the contract does not apply to the Customer if the download of the purchased product has begun with the explicit consent of the Customer before the withdrawal period has expired and after being informed by the Store of the loss of the right to withdraw from the contract. Starting the download of the purchased product file is equivalent to commencing the fulfillment of the service referred to in Article 38, Point 13 of the Consumer Rights Act, which means the right to withdraw from the contract is lost at the moment the download begins.
If the Customer withdraws from the order and the contract before starting the download of the purchased product, provided that the withdrawal occurs within 14 days from the date of concluding the contract, the Store will refund the paid amounts in accordance with the principles described in Section VIII. REFUND OF AMOUNTS.

VIII. Refund of Amounts

The data controller is Paweł Kawka DiabloDesign, Os. Na Stoku 27a/17, 31-705 Kraków.
By placing an order on the Store's website, the Customer consents to the Store processing their personal data. Providing personal data by the Customer is voluntary; however, the lack of consent to process personal data by the Store may prevent the User from making purchases or receiving services electronically. The User is responsible for providing accurate personal data.
The User's data will be processed solely to the extent necessary to enable proper access to the services offered by the Store, including making a purchase and concluding a sales contract.
Personal data is protected in accordance with the Act of August 29, 1997, on the Protection of Personal Data (consolidated text Journal of Laws No. 101 of 2002, item 926, as amended) in a manner that prevents access by third parties.
The Store does not collect your personal data beyond what is necessary to correctly complete a purchase and send a VAT invoice. Each User has the right to access their personal data, correct it, and request its deletion if it is still held by the Store.
The Customer has the right to supplement, update, correct personal data, temporarily or permanently suspend its processing, or delete it if it is incomplete, outdated, incorrect, collected in violation of legal provisions, or no longer necessary for the purpose for which it was collected.
The Customer's personal data may be shared with entities authorized to receive it under applicable law, particularly the competent judicial authorities.
Detailed provisions regarding the protection of personal data are available in the privacy policy on the Store's website.

IX. Personal Data Protection

The data controller is Aneta Kawka, Os. Na Stoku 27a/17, 31-705 Kraków.
By placing an order on the Store's website, the Customer consents to the Store processing their personal data. Providing personal data by the Customer is voluntary; however, the lack of consent to process personal data by the Store may prevent the User from making purchases or receiving services electronically. The User is responsible for providing accurate personal data.
The User's data will be processed solely to the extent necessary to enable proper access to the services offered by the Store, including making a purchase and concluding a sales contract.
Personal data is protected in accordance with the Act of August 29, 1997, on the Protection of Personal Data (consolidated text Journal of Laws No. 101 of 2002, item 926, as amended) in a manner that prevents access by third parties.
The Store does not collect your personal data beyond what is necessary to correctly complete a purchase and send a VAT invoice. Each User has the right to access their personal data, correct it, and request its deletion if it is still held by the Store.
The Customer has the right to supplement, update, correct personal data, temporarily or permanently suspend its processing, or delete it if it is incomplete, outdated, incorrect, collected in violation of legal provisions, or no longer necessary for the purpose for which it was collected.
The Customer's personal data may be shared with entities authorized to receive it under applicable law, particularly the competent judicial authorities.
Detailed provisions regarding the protection of personal data are available in the privacy policy on the Store's website.

XI. Final Provisions

The Store reserves the right to change these Terms and Conditions. Changes become effective 7 days after the publication of information about the changes and the availability of the new terms on the Store's website.
Purchases made before the changes to the terms come into effect are processed according to the provisions of the current terms.
All agreements resulting from these terms are concluded between the Customer and Aneta Kawka Accounting Office. These terms constitute an integral part of the sales contract.
Any disputes between the Seller and the Consumer Customer will be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.
Any disputes between the Store and the Entrepreneur Customer that may arise from these Terms and Conditions will be attempted to be resolved amicably. If amicable resolution is impossible, disputes will be resolved by the local common courts competent due to the Store's registered office.
The annexes are an integral part of the terms:
- SAMPLE WITHDRAWAL FORM
These Terms and Conditions come into effect on 01-11-2016.

The Terms and Conditions, along with the annexes, were prepared by the Law Office of Pawel Foltman, Tel. 664 305 049, email: biuro@kancelariafoltman.pl