Terms and Conditions

Terms and Conditions of the Online Shop

Definitions:

  1. Seller/GT – Game Technologies S.A., with its registered office in the Republic of Poland, in the city of Poznań (61 – 894), address: Pl. W. Andersa 3, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda, 8th Economic Division of the National Court Register, under KRS number 0000448782, REGON number 30203514000000, NIP number 7831686185, with a fully covered share capital in the amount of PLN 1.200.000.
  2. Customer – a natural person who is at least 13 years old, whereby if they have not turned 18, the consent of their statutory representative is required, as well as a legal person and business unit without a legal personality, which derive legal capacity from special rulings, and which place or intend to place an order (including Consumer).
  3. Online Shop/Shop – the website available at www.dicepl.us, through which the Customer may purchase Products from the Seller.
  4. Product – the DICE+ electronic dice.
  5. Order Form – the element of the Online Shop which is used by the Customer to order a Product.
  6. Newsletter – information concerning the current product range available at the Online Shop, as well as special offers, sent by the Seller to the Customer;
  7. Working Days – days of the week from Monday to Friday, not including various holidays and bank holidays of the Republic of Poland;
  8. Consultant– Seller’s representative authorized to contact with Customers in technical support and processing of returns and complaints;
  9. Terms and Conditions – the present Terms and Conditions of the Online Shop.

I. General Provisions

  1. The operator of the Online Shop shall be GT.
  2. The Terms and Conditions shall specify the conditions and rules of the conclusion of sales contracts for Products between the Seller and the Customers by employing remote communication technologies, and the manner in which the Customers use the features of the Online Shop, which is available at www.dicepl.us
  3. In the scope pertaining to the use of the Online Shop’s features by the Customers, the Terms and Conditions shall be treated as the “regulations” mentioned in Article 8 of the Act of 18 July, 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended).
  4. The Terms and Conditions shall apply to all Customers of the Online Shop, who shall be obliged to abide by their provisions. The conditions of the performance of a given sales contract shall be determined by the version of the Terms and Conditions which is in force when the Customer orders a Product.
  5. The information about the Products visible on the Shop’s website, including the prices, shall not constitute an offer defined in Article 66 of the Civil Code.
  6. The price of a Product displayed on the website of the Online Shop shall be binding for both parties from the moment of placing the order by the Customer. The price shall not change after accepting the order, regardless of any changes to the prices of the Products introduced at the Shop.
  7. An order may be placed effectively only if the Customer provides accurate and true address data, if they are necessary to fulfill the order, and indicate their phone number and e-mail address, by which it will be possible to contact the Customer.

II. The Conditions of the Use of the Online Shop

  1. The Seller shall not be obliged to fulfill an order if the Customer provides untrue or invalid information in the Order Form.
  2. The Customer shall not:
    1. use the features of the Online Shop in a manner which disrupts its functioning, especially due to the use of malicious software.
    2. engage in activities with the intention to unlawfully come into possession of non-public information stored by the Seller;
    3. use the features of the Online Shop in a manner which violates the provisions of law being in force in the Republic of Poland, the Terms and Conditions, and any customs established in a given field;
    4. use the features of the Online Shop in a manner which could prove troublesome for the other Customers and the Seller, violating their personal rights (including the right to privacy) as well as other rights that they are entitled to.
  3. If an order cannot be fulfilled due to the lack of the selected Product in the Seller’s warehouse, the Seller shall have the right to withdraw from the whole or part of the contract, of which the Customer shall be notified by electronic means, using the e-mail address indicated by the Customer. The cost of the ordered Product which cannot be delivered to the Customer shall be reimbursed by the Seller within 7 Working Days from the withdrawal notification, but no later than within 30 days from the conclusion of the contract.

III. Ordering Procedure

  1. The Products displayed on the website of the Online Shop shall be ordered through the Order Form.
  2. It shall be possible to place orders during the whole day, seven days a week.
  3. Orders shall be placed by selecting Products, specifying their number, and choosing the delivery country and manner, as well as payment method. The Form shall display either the total amount to be paid by the Customer for all Products and shipping in the currency chosen by the Customer or the amount to be paid for the Product and shipping along with a link underneath the price, informing the Customer of the fact that it is their responsibility to pay the taxes and customs duties in accordance with the provisions of law in a given country. In order to place an order, the Customer shall confirm the chosen parameters of the transaction and in the subsequent steps provide all the necessary data and follow the instructions on the screen.
  4. The Customer shall send their order by clicking the order placement button, and shall thus make an offer to the Seller to conclude a sales contract, in accordance with the content of the Terms and Conditions. Placing an order is connected with the obligation to make a payment for the ordered Products.
  5. After having sent the Order, the Customer shall receive a confirmation of the acceptance of the order to the indicated e-mail address (if the Products ordered are available in the Seller’s warehouse and there are no reasons preventing the order fulfillment), which is tantamount to accepting the offer. After having received the above-mentioned order confirmation, the sales contract for the Products ordered by the Customer shall be considered concluded.
  6. The Customer may opt out before receiving the confirmation of the acceptance of the order. A declaration of will concerning the cancellation of the offer should be sent to the Seller by electronic means, using the contact form available at www.dicepl.us

IV. Payment Conditions – Prices

  1. The prices of the Products available on the website of the Shop:
    1. shall be provided in one of the currencies in which the Shop effects payments, i.e. United States dollars, euro, pound sterling and Polish zloty;
    2. shall include taxes and customs duties, subject to items c) and d) below;
    3. for the countries which are not members of the European Union shall not include VAT or any other taxes and charges, including in particular customs duties, which, if necessary, shall be paid by the Customer individually, in accordance with the provisions of law being in force in a given country;
    4. each time the Customer shall be notified, if the price includes taxes and customs (information will appear on whether the price includes the customs duty and tax due in the country of delivery or the taxes and customs duties if they are due, which shall be paid by the Customer in accordance with the provisions of law in a given country);
    5. shall not include the shipping cost.
  2. The Customer may choose one of the methods of payment available at the Online Shop in order to pay for the Products ordered:
    1. through PayPal Checkout;
    2. using their credit card on-line,
      whereby the Seller declares that they grant consent to carry out the chargeback procedure by entities which operate the on-line credit card payment process, on the basis of the principles stipulated by the rules and regulations being in force for the entities mentioned, with regard to the payment process service. The chargeback procedure consists in the possibility to block by the entity responsible for the credit card payment process the amount paid by the Customer to the Seller, if the Customer files a justified claim connected with the contract. If the Customer’s claims are justified, the credit card payment entity shall return the blocked amount to the Customer;
    3. by transfer order – if the Customer has an account in a bank with its registered office in the Republic of Poland.
  3. The prices of the Products may be modified by the Seller. The Seller may also organize special offers and Products sales. Said modifications shall not influence the price of the Products ordered before the introduction of such changes.
  4. Special offers in the Online Shops shall not be combined, unless the rules of the individual special offers stipulate otherwise.

V. Order Fulfillment.

  1. After having concluded a sales contract the Seller shall begin order fulfillment.
  2. If the Customer has chosen the Polish currency (PLN), the delivery shall be carried out solely within the territory of the Republic Poland.
  3. Orders placed during Working Days after 4 p.m., in the GMT+1 time zone, on Saturdays, Sundays and bank holidays shall be fulfilled no earlier than on the first subsequent Working Day.
  4. The estimated delivery time shall be displayed each time after the Customer chooses delivery options and shall depend on i.a.:
    1. the method of payment chosen by the Customer – in case the Customer selects PayPal Checkout or on-line credit card payment, the order shall be fulfilled after the payment acceptance observed by the entity which operates the payment process, and in case of transfer order – after recording the payment on the Seller’s bank account;
    2. the availability of the Products selected by the Customer in the Seller’s warehouse;
    3. the payment by the Customer of the customs duties and taxes (if the Customer is subject to such an obligation) and the performance by the Customer of any other obligations connected with customs duties.
  5. The cost of the Product’s delivery shall be paid by the Customer and added to the price of the selected Product. The Seller may provide the Customer with a discount code which shall entitle them to free delivery.
  6. Products shall be delivered to the address indicated in the Order Form or during the performance of payment through PayPal Checkout.
  7. We recommend that the Customer, upon the receipt of the shipping, delivered by a courier company, verify the state of the Product. If the packaging is worn out or fractured, it is recommended to prepare a damage report in the presence of the courier, which should be sent to the Seller along with a possible complaint.
  8. The maximum lead time is 15 Working Days, after which the Customer shall be entitled to withdraw from the contract by sending a declaration to the Seller by electronic means, using the contact form available at www.dicepl.us. The amount paid by the Customer for the contract performance shall be promptly reimbursed, no later than within 7 Working Days from the receipt of the Customer’s withdrawal declaration.
  9. Each transaction shall be accompanied by a proof of purchase (an electronic invoice sent to the e-mail address indicated in the order). The Customer shall grant consent to receive electronic invoices, in the form of PDF files sent to the Customer by electronic mail after the Products have been shipped.

VI. Right to Withdraw from a Contract

  1. The Customer who is the consumer, shall have the right to withdraw from a sales contract for the Products purchased at the Online Shop, without stating specific reasons, by sending to the Seller the declaration of withdrawal in writing to the address of the Seller or by electronic means, using the contact form available at www.dicepl.us, within 14 (in words: fourteen) days from the receipt of the Products. Then the Customer shall have 14 days to send the Products back to the Seller along with the complete set of elements and accessories consisting parts of the Product. It is recommended to return the Products to the address specified by a Consultant in an e-mail message confirming the receipt of the Customer’s declaration of withdrawal. The Products returned by the Customer should be packed so that they are protected from harm during transport. If it is possible, the Products should be delivered in their original packaging.
  2. In case the Customer withdraws from a sales contract for Products purchased at the Online Shop, the contract shall be considered not concluded. What was originally pledged by both parties shall be returned unaltered. This means that the declaration of withdrawal shall not be deemed effective if the returned Product proves damaged, besmirched or if it contains any defects, unless the above-mentioned defects have arisen due to the incompatibility of the Product with the contract, as understood by the Act of 27 July, 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended).
  3. The reimbursement of costs paid by the Customer to the Seller for the order, shall be carried out promptly, no later than within 14 days from the receipt from the Customer of the returned Products and in the same manner in which the Customer paid for the Products (crediting the Customer’s bank account – if they used transfer order, crediting the Customer’s credit card account – if they paid by credit card, crediting the Customer’s PayPal Checkout account – if they used PayPal Checkout).
  4. The packaging and shipping cost of the Product shall be paid by the Customer.
  5. Instructions concerning the enforcement of the right to withdraw from the agreement form Appendix No. 1 to these Regulations. A template of a declaration on withdrawing forms Appendix No. 2 to these Regulations.

VII. Incompatibility of the Product with the Contract – Complaints

  1. The Seller shall be liable to the Customer who is consumer for the incompatibility of the Product with the contract, in the scope defined by the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended).
  2. None of the provisions of the Terms and Conditions shall restrict the Customer’s rights connected with the incompatibility of the Product with the contract, basing on the provisions of law effective in the Republic of Poland.
  3. Should the Product delivered prove incompatible with the contract, the Customer shall notify the Seller. The notification shall be filed within two months from the day on which the Customer gained knowledge of the incompatibility of the Product with the contract, no later than within two years from the receipt of the Product.
  4. If the Customer wishes to exercise the rights resulting from the incompatibility of the Product with the contract, apart from notifying the Seller as described in paragraph 3 above, it is recommended to contact a Consultant by electronic means, using the form available at www.dicepl.us, send a picture of the Product depicting the incompatibility along with a detailed description, and follow the instructions given by the Consultant. In such case, the Seller may test the Product by remote means, in order to verify the possible incompatibility and restore the Product to the state compatible with the contract.
  5. If the Seller determines that the complaint is justified and the Product cannot be restored to the state compatible with the contract, they shall exchange the Product for a defect-free one. The Seller shall cover the costs of the return shipping of the Product only if the Consultant determines the necessity to return the Product; otherwise the Purchaser shall be exempt from the obligation to return the Product. In the event that the Consultant determines the necessity to return the Product, it should be returned by a courier company and method specified by the Consultant.
  6. The Seller shall have the right to process the complaint within a period of 14 days from the receipt of the Customer’s notification mentioned in paragraph 3 above, and shall inform the Customer about the actions undertaken by electronic means.
  7. If the Customer’s complaint is recognized, the Product may be exchanged for a different one or, if the exchange is not possible, the amount paid may be reimbursed to the bank account indicated by the Customer. The reimbursement shall be made within 7 Working Days from the recognition of the complaint.

VIII. Online Shop – Newsletter

  1. The Customer may subscribe to the Online Shop Newsletter.
  2. The Newsletter shall be sent only to the persons who have granted consent to receive it.
  3. The Customer, by subscribing to the Newsletter should give consent to receive commercial and marketing information from the Seller by electronic means, and give consent to process the personal data in the scope required for this purpose.
  4. The Customer may opt out from receiving the Newsletter at any time, by clicking the link in the e-mail message containing the Newsletter or contact a Consultant.

IX. Personal Data

  1. The Customer, by placing an order, provides their personal data voluntarily, whereby providing them is necessary to place and fulfill an order.
  2. The administrator of the personal data is Game Technologies S.A., with its registered office in Poznań (61 – 894), address: Pl. W. Andersa 3.
  3. The Seller may entrust an external entity with data processing.
  4. By placing an order in the Online Shop the Customer grants consent to transfer the processing of their data to the entity mentioned in paragraph 3 above. The consent is voluntary, but necessary in order to place an order.
  5. The Seller collects only the personal data of the Customer which are required to duly perform the sales contract, i.e. in particular the name, surname, address, e-mail address, telephone number.
  6. The Customer shall grant consent to transfer their personal data to third parties for the purpose and in the scope required to properly perform the sales contract.
  7. The consent mentioned in paragraph 4 above shall include in particular the transfer of data to courier and postal services companies in order to deliver Products and providing payment authorization websites with the necessary data and the data processing for the purposes of settlements, in accordance with the principles defined in the rules of the website.
  8. The Customer shall confirm that the data included in the Order Form are authentic and valid. The placement of an order is tantamount to granting consent for the processing of personal data provided in the Order Form.
  9. The database of the Customers’ personal data shall be protected by law. The data shall be protected and secured in particular from the access of unauthorized parties.
  10. The Seller shall process the Customers’ personal data for marketing purposes only with their consent granted during the procedure of order acceptance.
  11. The Seller shall not share the Customers’ data in any way which is not included in the purposes of the Online Shop and the scope of the consent granted by the Customers with any third parties, unless there exists a legal basis which requires the Seller to carry out such an action, and shall undertake to make every possible effort to properly secure the data, in particular in the manner determined by the provisions of the Act on Personal Data Protection and the Act on Providing Services by Electronic Means.
  12. The Seller shall ensure that the Customer exercises the rights resulting from the Act on Personal Data Protection, in particular the Customer shall be entitled to access, change, correct, and request to delete their personal data.
  13. The Customer shall be entitled to supplement, update, rectify, request to abort processing or to delete their personal data processed by the Seller or the entity which has been entrusted with the task by the Seller, if the data are incomplete, out-of-date, untrue or have been collected by the Seller with violation of the Act on Personal Data Protection, or they are no longer necessary for the purposes for which they were collected.
  14. The Customer may exercise the right to request to abort processing or delete their personal data from the Online Shop’s Customer database by sending a suitable request to the Seller by electronic means, along with the name and surname of the Customer.
  15. Should the Seller receive a request to delete a Customer’s personal data from the Online Shop’s Customers database, the data shall be deleted without delay, but no earlier than after the delivery of the Products purchased by the Customer and the payment.

X. Copyright

  1. The website of the Online Shop, available at www.dicepl.us and any content displayed in the Online Shop shall be protected by copyright. The Seller shall provide the Customer with a non-exclusive and non-transferable license to make use of the Online Shop solely for personal purposes, as defined in the Act of 4 February 1994 on Copyright and Neighboring Rights (Journal of Laws 2006.90.631).
  2. On the basis of the license mentioned in paragraph 1 above the Customer may make use of the Online Shop solely to place and fulfill orders. The license shall include the use of the Shop’s website in the following fields: displaying the website of the Online Shop and using its features on any number of computers/mobile devices belonging to the User.
  3. The Customer may not introduce any changes to the appearance and functions of the Shop’s website, observation, analyze and test the way it functions, apart from observation, analysis and testing constituting a part of regular use, multiply the code or translate its form (in particular decompile and disassemble it), as defined in Article 74 paragraph 4 items 1 and 2 of the Act of 4 February 1994 on Copyright and Neighboring Rights (Journal of Laws of 2000 No. 80, item 904), create and introduce websites of fundamentally similar form and content.

XI. Final Provisions

  1. Should any provisions of the Terms and Conditions be deemed invalid or ineffective by virtue of law, it shall not have any effect on the validity and effectiveness of the other provisions of the Terms and Conditions.
  2. The changes to the Terms and Conditions do not apply to the transactions concluded before the changes have been made and do not affect the rights acquired by the Clients.
  3. The valid Terms and Conditions shall be published on the website of the Online Shop.
  4. The Seller shall not be liable for messages blocked by mail server administrators which were sent to the e-mail address indicated by the Customer and e-mail messages deleted or blocked by software installed on the computer used by the Customer.
  5. The Seller shall not be liable, to the fullest extent permitted by law, for transactions made by unauthorized third parties who used the Customer’s data.
  6. Notifications and deliveries sent to the addresses indicated by the Customer in the Order Form shall be deemed effective.
  7. Should any doubts arise, the Customer may contact the Seller by electronic means, using the contact form available at www.dicepl.us.
  8. For contracts concluded through the Online Shop the provisions of the Polish law shall be applicable. Any disputes with enterpreneurs shall be settled by the court in the Republic of Poland having jurisdiction over the Seller registered office.
  9. The Terms and Conditions shall enter into force on September 10th 2013.

Instructions on withdrawing from the agreement

Right to withdraw from the agreement:

You are entitled to withdraw from this agreement within 14 days without stating the reason.

The time limit for withdrawing from the agreement expires after 14 days following the date when you came into possession of the goods or when a third person other than the carrier and the person indicated by you came into possession of the goods.

In order to exercise the right to withdraw from the agreement, you must inform Game Technologies S.A. with the registered office in Poznań, Pl. W. Andersa 3, entered into the registry of entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under number 0000448782, National Business Registry Number REGON 30203514000000, Tax Identification Number NIP 7831686185, with the share capital of PLN 1,200,000, tel. +48 61 623 24 96, e-mail: suport@www.dicepl.us, about your decision to withdraw from this agreement, in a form of an unambiguous declaration (for example a letter sent by post, fax or e-mail). You can use the template form for withdrawing from the agreement, however, this is not obligatory. You can also fill in and send the form for withdrawing from the agreement or any other unamibiguous declaration by e-mail via our website www.www.dicepl.us. If you use this option we will immediately send you a confirmation of receiving the information on withdrawing from the agreement on a read-only data medium (for example by e-mail).

In order to keep the time limit for withdrawing from the agreement it is sufficient to send the information on enforcing your right to withdraw from the agreement before the expiry of the time limit for withdrawing from the agreement.

Effects of withdrawing from the agreement:

In case of withdrawing from the agreement we will refund all payments received from you, including the delivery costs (except for the additional costs resulting from the delivery method chosen by you other than the cheapest standard delivery method offered by us), without undue delay, and in any case not later than within 14 days following the date when we were informed by you about your decision to withdraw from this agreement. The payments will be refunded using the same methods of payments as were used by you in the original transaction, unless you agree for another solution; in any case you will not incur any fees connected with the refund, with a reservation that you will have to incur the direct costs of returning the goods. Your are liable for any decrease in the value of the goods resulting from handling them in a manner other than it was necessary for checking the character, features and operation of the goods.

Form for withdrawing from the agreement

(the form should be filled in and sent only in case of a will to withdraw from the agreement)

Addressee:

Game Technologies S.A. with the registered office in Poznań, Pl. W. Andersa 3, entered into the registry of entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under number 0000448782, National Business Registry Number REGON 30203514000000, Tax Identification Number NIP 7831686185, with the share capital of PLN 1,200,000.

I am hereby informing you about my withdrawal from the sales agreement concerning the following goods:

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­____________________

Date of order/delivery: _________________________

Customer’s name: _________________________

Customer’s address: _________________________

Signature of the customer, if the form is sent in a paper form.

_________________________

Date: _________________________