Terms of service provision
§1. General provisions
The Service Provider is HARTA ONE sp. z o.o. with its registered office in Gorzów Wielkopolski, Plac Słoneczny 14/2, 66-400 Gorzów Wielkopolski, entered in the register of entrepreneurs of the Krajowy Rejestr Sądowy (National Court Register) kept by the Sąd Rejonowy Szczecin-Centrum w Szczecinie, XIII Wydział Gospodarczy KRS, under KRS number 0001247989, NIP 8522734969, share capital 5 000,00 zł (hereinafter: the Service Provider).
Contact with the Service Provider: e-mail kontakt@harta.agency, tel. +48 500 460 077.
§2. Scope of services
The Service Provider provides services related to sales on marketplace platforms (including eMAG and Trendyol), among them: account audit, consultations, running advertising campaigns, optimising and adding offers, support for foreign expansion, and implementations and automation of OMS systems.
§3. Rules and stages of cooperation
Cooperation usually starts with an account audit and with determining the scope of work. The detailed scope, the schedule and the remuneration are set out in a separate contract or in an offer accepted by both parties.
§4. Remuneration and payments
Settlement may take the form of a subscription, remuneration for results (success fee) or a hybrid model. The amount of the remuneration and the dates and method of payment are set out in the contract or in the accepted offer.
Unless the contract provides otherwise, the remuneration is payable on the basis of an invoice, within the time limit indicated on the invoice.
Services ordered directly through the website (e.g. a market analysis) are paid for in advance, online, via the payment operator Stripe. Prices are shown as net amounts, in the currency corresponding to the language version of the website (PLN, RON or EUR); the rules for adding VAT are set out in §8. Before the order is placed, the form displays the total price payable, including the VAT due.
§5. Obligations of the parties
The Service Provider undertakes to provide the services with due diligence. The Client undertakes to cooperate, including the timely provision of the data, materials and access credentials necessary for the performance of the services.
§6. Complaints
Complaints regarding the services provided may be submitted to the e-mail address: kontakt@harta.agency. A complaint should contain the details of the person submitting it and a description of the objections. The Service Provider examines complaints within 14 days of their receipt; if a complaint submitted by a consumer or a sole trader with consumer rights is not answered within that period, it is deemed accepted.
Towards consumers and sole traders with consumer rights, the Service Provider bears the liability for the conformity of the performance with the contract provided for in the Polish Consumer Rights Act, including the conformity of the delivered digital content (reports) with the contract.
§7. Personal data
The rules for the processing of personal data are described in the Privacy policy, and the rules for the use of cookies - in the Cookie policy.
For online orders, the recipients of data also include the payment operator Stripe and the invoicing system provider (Fakturownia) - see the Privacy Policy for details.
§8. Online sale of market analyses
A paid deliverable - a market analysis (e.g. an eMAG market analysis) - can be ordered through the website. The offer to purchase analyses is addressed exclusively to businesses (B2B). The contract is concluded when the order is placed via the form and paid online; a custom scope is quoted by e-mail, and the contract is concluded upon acceptance of the quote.
- Prices are shown as net amounts. Polish VAT (23%) is added at payment; for an EU VAT payer outside Poland whose number is confirmed in the VIES system when placing the order, the reverse charge mechanism applies and the net amount is charged. The settlement currency is the currency of the language version of the website from which the order is placed: PLN (Polish version), RON (Romanian) or EUR (English).
- Payment is made in advance via the payment operator Stripe (card and local payment methods). The Service Provider does not store payment card data.
- The report is delivered to the e-mail address given in the order - as an attachment and a download link valid for 30 days - within the time indicated when placing the order, counted from the payment being confirmed.
- An invoice is issued for every paid order and sent electronically to the e-mail address provided, to which the Customer consents (e-invoice). For EU VAT payers with a valid VAT number, the reverse charge mechanism applies.
- The analysis is prepared to individual order, according to the parameters indicated by the Customer (category, scope, report language). A single order may cover several categories, and the Customer selects the scope for each of them separately; the price is charged per category according to the price list in force at the time the order is placed.
- For an order covering at least two categories, the Service Provider adds the combined report at no extra charge - a summary of the ordered categories together with a recommendation on the order of entry. The combined report forms part of the service and is delivered together with the individual category reports. The minimum number of categories qualifying for the combined report is stated in the order form at the time of ordering.
- If any item of the order covers a custom scope, the entire order is handled as a quotation: the Service Provider sends the quote to the e-mail address given, and the contract is concluded when the Customer accepts it. In this mode no online payment is collected when the order is placed.
- Analyses are offered exclusively to businesses. By placing an order, the Customer declares that they order the analysis in connection with their business activity and that the contract has a professional character for them. A business Customer has no statutory right to withdraw from the contract; once the contract has been concluded, they may not unilaterally cancel an order whose performance has started.
- If, despite the above declaration, the contract does not have a professional character for a Customer who is a natural person (a sole trader with consumer rights), that Customer may withdraw from the contract within 14 days of its conclusion without giving any reason - an e-mail to kontakt@harta.agency before the deadline is sufficient; the model withdrawal form annexed to the Polish Consumer Rights Act (Annex 2) may be used. The payment is refunded without undue delay, no later than within 14 days of receipt of the statement, using the same means of payment.
- Such a Customer, by ticking the box in the form, expressly requests performance of the service before the expiry of the withdrawal period, and by accepting the terms consents to the delivery of the digital content (the report) before the expiry of that period and acknowledges that upon delivery of the report (full performance of the service) they lose the right to withdraw from the contract (Article 38(1)(1) and (13) of the Polish Consumer Rights Act). The Service Provider sends a confirmation of the conclusion of the contract, including information about these declarations, on a durable medium - to the e-mail address provided. In the event of withdrawal before delivery of the report, the price is refunded less a proportionate amount for the part of the service performed up to the moment of withdrawal.
- The report is delivered as a PDF file without technical protection measures; a free, commonly available PDF viewer is sufficient to read it. Placing an order and receiving the report require a device with internet access and an up-to-date web browser, and an active e-mail address. The Customer must not supply any unlawful content.
- Complaints regarding analyses may be sent to kontakt@harta.agency; they are handled within 14 days. If payment for a placed order is not completed, the Service Provider may send a single reminder e-mail about the order to the address provided; unpaid orders are cancelled automatically after 30 days.
§9. Final provisions
In matters not regulated by these terms, the provisions of Polish law apply; this choice of law does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence. The parties will endeavour to resolve any disputes amicably. Disputes with a Customer who is not a consumer are resolved by the court having local jurisdiction over the Service Provider's registered office; in disputes with a consumer, the competent court is determined by the general rules.
A consumer may use out-of-court complaint and redress procedures, including the assistance of municipal or district consumer ombudsmen in Poland, the voivodeship inspectorates of the Trade Inspection and the permanent arbitration courts operating at them. Detailed information is available at www.uokik.gov.pl.