Terms and Conditions

These Terms & Conditions regulate the use of our FFFRREE service and related services, such as the ability to implement a widget within the websites of entities that choose to cooperate with us. Before you start cooperating with us, please make sure to read our Terms of Service and Privacy Policy, which defines how we process personal data.

DEFINITIONS

Order Processing Time	the time during which the Order is processed and prepared for shipment; the Order Processing Time does not include the delivery time to the Client
Working days	weekdays from Monday to Friday (excluding public holidays in accordance with the laws of the Republic of Poland)
FFFRREE	a system consisting of a web application found at www.fffrree.com, where the Service Provider enables users to place orders, and a widget that can be integrated into external websites
Client	an individual, legal entity, or organizational unit who uses FFFRREE as part of their business or professional activities and enters into an Agreement with the Service Provider. Concerning natural persons, a Client is defined as an individual entering into an Agreement directly associated with their business activities, signifying a professional character, particularly derived from the type of business activities they engage in
Account	an electronic service offered by the Service Provider in the form of a customizable part of the fffrrree.com service, individually allocated to the Client
Newsletter	a free electronic service, by means of which the Service Provider informs Clients about new developments within FFFRREE and its Services, by sending selected and edited content in the form of an email letter
Privacy Policy	the document regulating the security of privacy protection and processing of Clients' personal data; the Privacy Policy supplements these Terms & Conditions and can be accessed at https://fffrree.com/en/privacy-policy
Product	Goods, digital content or discount codes that may be the subject of a Sales Agreement and that are available in the Service Provider's current offer; the essential and specific features of each Product are provided on FFFRREE subpages; the provisions of the Terms & Conditions regarding Products shall also apply accordingly to items provided through Product Service functionalities, unless stated otherwise in the Terms & Conditions
Terms and Conditions	these terms of service for the provision of services through FFFRREE
Client's Service	internet service owned and administered by the Client, as indicated by the Client within their Account
Force majeure	an event that could not have been foreseen with the diligence required in professional relations, which is external to both the Service Provider and the Client, and which they could not have defended by acting with due diligence; in particular, a hacking attack or the introduction of malicious software into FFFRREE is considered Force Majeure
Agreement	the agreement for the provision of Services, concluded between the Service Provider and the Client, the general provisions of which are determined by these Terms & Conditions
Services	the services provided electronically by the Service Provider under the Agreement, consisting of providing the FFFRREE functionalities, particularly enabling the use of FFFRREE and its individual modules
Product services	services available as part of the FFFRREE functionality, including implementing widgets within the Client's Service with respect to the Products selected and purchased by the Client, as well as other types of services related to the purchased Products, providing the functionalities indicated on the relevant FFFRREE subpages
Service provider	E-TRADE SOLUTIONS Sp. z o.o., based at 15 Hangarowa Street, Legnica (59-220), with Tax Identification Number (NIP) 6912552324 and National Official Business Register Number (REGON) 387822015. Registered at the District Court for Wrocław-Fabryczna in Wrocław under KRS number 0000875181, with a share capital of 100,000 PLN.
End user	the entity using the Client's Service under the terms and conditions indicated by the Client, to whom the Client also offers Products as complimentary gifts
Order	the Client's statement of intent leading directly to the conclusion of an agreement for the sale of a Product and/or Product Services within FFFRREE and indicating the material terms thereof, including details of the quantities of Products, active widgets and relevant parameters

PRELIMINARY PROVISIONS
1. These Terms & Conditions regulate the use of FFFRREE, the terms of providing Services to Clients, including rules for using FFFRREE, as well as the rights and obligations of Clients and the Service Provider, including complaint handling procedures.
2. The Service Provider shall make these Terms & Conditions available to each Client free of charge within FFFRREE prior to the conclusion of the Agreement, and - at the Client's request - in such a way that allows the content of the Terms & Conditions to be acquired, reproduced and recorded by means of the data communications equipment used by the Client.
3. The Client may use FFFRREE only after reading the Terms & Conditions and agreeing to the conditions set forth therein. If the Client has started using FFFRREE, he is deemed to have accepted the Terms & Conditions without reservation.
4. The Service Provider within FFFRREE does not post offers electronically, as per the relevant legal provisions (including the Polish Civil Code). Specifically, regulations concerning the submission of electronic offers do not apply.
5. FFFRREE and its components, including FFFRREE's design, content and signage, as well as FFFRREE's software and widgets, are protected by copyright and/or other intellectual property rights. These components may not be reproduced, distributed or published by the Client, in part or in whole, without the consent of the Service Provider as defined by the functionalities of the Services. In particular, the Agreement does not allow the Client to:
  - engage in reproduction, distribution, lending, transfer, and any other means of direct and indirect redistribution, whether paid or unpaid, bypassing the Service Provider of FFFRREE elements, including FFFRREE;
  - engage in modification of Product Services, in particular the widget source code;
  - perform decompilation, disassembly or reverse engineering of FFFRREE, nor create or reverse engineer FFFRREE source code;
  - translate, adapt, reorganize or create derivative works based on FFFRREE or any other type of modification of FFFRREE;
  - use the Product Services as well as their components outside the Client's Service;
  - use FFFRREE or its components for unlawful purposes or to the detriment of the Service Provider;
GENERAL TERMS OF SERVICE
1. In order to use all the functionalities of FFFRREE, the following minimum technical requirements must be met on the Client's side:
  - a device with Internet access enabling proper display of the FFFRREE interface,
  - an active electronic mail (email) account or an active mobile phone number;
  - Chrome, FireFox, Safari or Opera web browser installed and updated to the latest version;
  - Cookies and JavaScript enabled.
2. In addition, with regard to the FFFRREE integration with the Client's Service, it is necessary for the Client to have an online store in the Client's Service.
3. Usage of FFFRREE in a manner contrary to the provisions of these Terms and Services, applicable laws, good practices, or principles of social interaction is prohibited.
4. The Service Provider may change the elements and functionalities of FFFRREE or the Services, which shall not constitute a change to the Agreement, provided that the Service Provider ensures that such modifications do not result in a deterioration of service quality.
5. Detailed rules for the operation of FFFRREE and individual Services are available on their respective dedicated subpages.
6. As part of the Services, the Client may receive notifications in the form of emails, particularly regarding updates on Order status or changes to FFFRREE functionalities.
ACCOUNT. AGREEMENT
1. Placing Orders and using FFFRREE is only available to registered Clients.
2. To create an Account on FFFRREE, the Client undergoes the registration procedure, following the system instructions. The Service Provider is authorized to verify the entity requesting to create an Account on FFFRREE.
3. If the Account is not created by an individual business owner, by submitting the registration request for the Account, the user affirms that they are acting on behalf of a Client who is a business entity, legal person, or another organizational unit and is duly authorized to act on their behalf.
4. Upon confirmation by the Service Provider of the registration of the Account, an Agreement is concluded between the Client and the Service Provider, provided that such person is authorized or empowered to create the Account and enter into the Agreement. If such person is not authorized or empowered to the extent required, the conclusion of the Agreement is ineffective.
5. The account contains the Client's data provided by them during registration. The Client is obliged to ensure that their data is accurate and up to date; the Service Provider is not liable for the consequences of the Client's failure to do so. In particular, the Service Provider is not obliged to verify the Client's data.
6. The Client may not assign the rights and obligations arising from the Agreement without the prior electronic consent of the Service Provider, without which the assignment is invalid.
7. The Client may not use the Accounts of other Clients and share their Account with persons other than those authorized under the Client's internal regulations.
8. The Account may be deleted by the Client at any time by submitting a declaration of intent to the Service Provider (via email, on condition that the declaration is sent from the email address used by the Client at the time of Account registration) to the email address: konrad@fffrree.com or by using the 'Delete Account' functionality. Reporting the Account for deletion is equivalent to terminating the Agreement. Termination becomes effective upon completion of the last Order.
9. The Service Provider may delete the Client's Account, thereby terminating the Agreement with immediate effect, if the Client violates the Terms & Conditions.
10. With the deletion of the Account and the termination of the Agreement, the Client is obliged to remove the widgets from all their websites.
ORDER
1. The Service Provider shall each time specify the Order requirements for a specific Product and/or Product Service, on dedicated FFFRREE subpages, in particular by indicating the minimum number of Products and/or Product Services.
2. The Client prepares the Order by selecting Products and/or Product Services for the selected Products. After confirming the selection, the Client verifies the details in the Order form, including the desired payment method. Once the Order is complete, the Client submits it to the Service Provider by activating the 'Buy and pay' button.
3. During the order placement process, the Client has the opportunity to detect and correct any errors in the Order and make modifications until activating the 'Buy and Pay' button. After this point, the Client cannot change the Order details.
4. When placing an Order, the Client submits an offer to the Service Provider to conclude a sales agreement for the Product specified in the Order and under the conditions indicated by the Client therein. The agreement is concluded upon acceptance of this offer by the Service Provider, confirmed by the Client's receipt of Order conditions sent via email from the Service Provider to the email address provided by the Client in the Order.
5. The Order processing time is a maximum of 48 hours, commencing upon the Service Provider's receipt of payment credited to its bank account.
6. Orders are processed exclusively on Business days.
7. The parties waive the Service Provider's liability for warranty for Product defects.
8. The Product warranty may be provided by the manufacturer under their own terms and conditions. The Service Provider does not provide any warranty for the Products.
PRODUCT SERVICES
1. If the Order also includes Product Services, the provisions of this section shall apply.
2. The Client is solely responsible for implementing the Product Services so that they do not infringe upon the rights of End Users or other persons.
3. To activate the Product Service, the Client is obliged to follow the instructions provided within FFFRREE. Specifically, the Client is obliged to set the parameters of the Product Services with respect to the selected Products according to the instructions outlined within FFRRREE in the 'Documentation' tab, no later than when adding the Products to the Client's store offer. The option to activate Product Services based on these parameters becomes available as soon as the Client confirms the availability of the Products covered by the Product Services, within the Client's Service under the 'Stock' tab. Implementation of Product Services takes place automatically in accordance with the Client's selection upon adding the Products to the Client's store offer.
4. The option to use the Product Service will be active for an indefinite period from the date of Product delivery to the address specified in the Order, unless a different period is indicated in the Order. After this time, the Client will no longer have the option to use the Product Service functionality.
5. Given the Service Provider's commitment to providing Services of satisfacroty quality through FFFRREE, the following actions are prohibited with regard to the Product Services:
  - utilizing the Product Services by the Client in any manner other than for their provision to End Users within the Client's Service, in accordance with the terms specified in the Client's service regulations or other applicable conditions;
  - using Product Services for goods, products or services other than the Products delivered under the fulfilled Order;
  - offering Products outside the Client's Service specified in the Account.
6. Any attempt to modify the manner in which the Products or Product Services are made available or otherwise used, including their functionalities, will constitute a violation of these Terms & Conditions.
7. The Client bears full responsibility for providing End Users with access to the functionalities of the Product Services for the purchased Products under the terms and conditions specified in the Client's Service. The Service Provider solely provides the technical means for the Client to access specific functionalities of the Product Services as part of the Order, under the terms indicated therein as well as in these Terms and Conditions. The Service Provider shall not be liable for any actions of the Client towards End Users within the Client's Service, and in particular shall not be liable for:
  - the process of selling and delivering the Products by the Client to the End Users;
  - providing a complaint procedure for the Products purchased by the End Users;
  - implementing the Product Services for End Users within the Client's Service;
  - promotional campaigns organized by the Client for the Products;
  - for compliance with the aforementioned activities with legal provisions applicable laws within relevant jurisdictions, including but not limited to consumer protection regulations, civil law, and gambling legislation
8. The purchase of a Product is a prerequisite for acquiring a Product Service, as the Product Service can only be realized in relation to a purchased Product.
PRICES AND PAYMENTS
1. As part of the placed Order, the Client is obliged to pay the Service Provider the price in accordance with the paragraphs below, as well as cover the costs of Product delivery.
2. Prices for Products and individual Product Services can be found in the Product and Product Service tabs within FFFRREE. These prices are expressed in net amounts, excluding tax.
3. The total price of the Order is calculated based on selections made by the Client in the Order form, in accordance with the rates indicated therein. The binding price is indicated to the Client in the Order summary at the time of its submission to the Service Provider.
4. The Client is obligated to make payment for the Order at the latest upon the conclusion of the sales agreement for the Product.
5. Payment methods will be available as specified each time within FFFRREE. All necessary payment information will be provided in the user's account.
6. Prices and costs listed on FFFRREE may change at any time (for example, as part of a promotional campaign), which does not constitute a change to the Agreement. The terms of the Order cannot be changed for the Client who has submitted an offer as indicated in the earlier sections of the Terms & Conditions, prior to the price change.
7. The parties agree to issue and deliver invoices in electronic form.
8. The payment date is considered to be the day the Service Provider's bank account is credited.
9. All payments specified in the Terms & Conditions do not include the data usage costs related to the use of Product Services, which the Client bears in accordance with the tariff of the operator whose services they use.
DELIVERY
1. Product delivery will be arranged through an external carrier, with the cost covered by the Client in accordance with the provisions below.
2. The Product is delivered to the address specified by the Client in the Order.
3. The cost of delivery may also include necessary customs fees.
4. Product Delivery is carried out within the timeframe specified by the carrier. The Service Provider is not responsible for delivery delays arising from causes attributable to the carrier.
5. The risk of accidental loss or damage to the Product passes to the Client upon the Service Provider's delivery of the Product for shipment.
6. Before accepting the delivery, the Client (or their authorized representative) must inspect the package for any damage, discrepancies or deviations from the Order. If damage or loss is discovered prior to the package being released, the carrier is required to document the condition of the package and the details of any damage in their report. The carrier should also do so at the Client's request if the Client should believe the package has been compromised. Acceptance of the package without reservation is considered acceptance of its condition and contents.
NEWSLETTER
1. The Newsletter subscription is offered by the Service Provider to Clients who voluntarily consent to it using FFFRREE functionalities.
2. To subscribe to the Newsletter, the Client places an order using an interactive form available on FFFRREE by providing their email address and activating the service through a link found in an email message sent to the Client's email address provided during registration.
3. Upon activation of the subscription, a contract for the provision of the Newsletter service is established between the Service Provider and the Client for an indefinite period.
4. The Client may terminate the contract for the provision of the Newsletter service at any time with immediate effect by deactivating the subscription. Cancellation of the Newsletter service is carried out by activating the appropriate link included in the footer of each email message sent as part of the Newsletter service.
LIABILITY
1. The Service Provider offers the ICT infrastructure and ensures its technical efficiency; in this regard, the Service Provider is responsible for FFFRREE and related Services.
2. Under the Agreement, the Service Provider is not liable for any damages resulting from:
  - violation of these Terms & Conditions by the Client, in particular by placing an order without proper authorization or providing false data during Account registration;
  - the Client's failure to comply with the requirements for the provision of Services;
  - the Client's disclosure of their account login or password to third parties;
  - Account deletion;
  - the Client's use of the Products or Product Services, including the consequences of such use;
  - the operation of malicious or harmful software (malware) unlawfully introduced into FFFRREE or the Client's Service;
  - hacking attacks or other unauthorized access to the Product Services or their individual elements, including any tampering with the source code of the purchased Product Services;
  - incorrect integration of the Services with the Client's Service;
  - Product unavailability;
  - failure of the End User to comply with the requirements necessary to receive the Products;
  - termination of the Agreement by the Service Provider as a result of the Client's action or inaction;
  - temporary disruptions or difficulties in accessing FFFRREE, caused by necessary repair, maintenance, or upgrade works on FFFRREE or its components.
3. The Service Provider is not liable for damages caused to Clients due to unintentional fault. The liability of the Service Provider is limited to the actual losses incurred by the Client.
VIOLATION OF TERMS
1. If a Client violates the provisions of these Terms, especially by acting to the detriment of the Service Provider, the Service Provider may, at its discretion, take the following actions:
  - issue a warning to the Client,
  - block access to the account,
  - delete the account and terminate the Agreement with immediate effect,
  - prevent the Client from re-registering an account,
  - deactivate a product service before the end of its specified active period.
2. The Service Provider will notify the Client of the deletion of the Account and termination of the Agreement in an email sent to the Client's email address provided during registration, specifying the basis for the termination.
TECHNICAL EFFICIENCY
1. The Service Provider will make every effort to ensure the proper functioning of FFFRREE.
2. The Service Provider commits to ensuring the continuous operation and efficiency of the FFFRREE app. However, this does not cover events and their consequences related to acts of force majeure, server operators, or other external software providers.
3. To ensure better quality of services and satisfactory performance of the FFFRREE app, the Service Provider occasionally carries out maintenance or upgrade activities. Therefore, the Service Provider reserves the right to interrupt services as necessary for technical work during nighttime hours, specifically from 10 PM to 6 AM.
COMPLAINTS
1. The Client has the right to submit complaints about the functioning of the FFFRREE app and its services. A complaint submission should include at least information enabling Client identification and specify the justified grievances and remarks concerning the FFFRREE app or services. Complaints should be sent to the email address konrad@fffrree.com or to the Service Provider's headquarters address as indicated at the beginning.
2. The Service Provider will respond to complaints within 14 business days of receipt, provided the complaint has been properly submitted. This timeframe may vary if the Client has not described the subject and scope of the complaint in a manner that allows for its evaluation, or if the Client has not provided information necessary for identification.
3. In the case mentioned above, the timeframe for addressing the complaint begins on the day the Client provides the Service Provider with the missing information.
4. The Client will receive a response at the email address from which the complaint was sent, or at the address provided in the complaint submission. The Service Provider's response to the complaint is final.
AMENDMENTS OF TERMS & CONDITIONS
1. The Service Provider may amend these Terms & Conditions, particularly for significant legal reasons (such as changes in the generally applicable legal regulations pertaining to the Service Provider's operations or the form of these operations) or technical reasons (such as upgrading the FFFRREE infrastructure or services, or adding new functionalities to FFFRREE).
2. Clients will be notified of changes to the Terms & Conditions, including the scope of the amendments, via email to the address registered with their account 15 days before the new Terms & Conditions take effect. If the Client does not terminate their agreements and continues to use FFFRREE within this period, it is considered that they have accepted the amended Terms & Conditions without reservations.
3. Orders placed before the changes to the Terms & Conditions take effect will be processed in accordance with the content of the Terms & Conditions as they stood at the time of the order.
FINAL PROVISIONS
1. The obligations arising from the Agreements, contracts for the sale of Products and/or Product services, and the Terms & Conditions are governed by Polish law. The agreements are concluded in the Polish language.
2. Contact and communication between the Service Provider and the Client:
  - by email: konrad@fffrree.com
  - by post: E-trade Solutions sp. z o.o., Hangarowa 15, 59-220 Legnica, Poland.
3. Disputes arising between the Service Provider and the Client shall be submitted to the court of competent jurisdiction based on the location of the Service Provider's headquarters.
4. If any provision of these Terms & Conditions is found to be invalid in whole or in part, the remaining provisions shall remain in force. In place of the invalid provisions, the remaining part of the Terms & Conditions shall be interpreted in such a manner as to give effect as closely as possible to the legal force and economic effect of the invalid provisions.
5. The Privacy Policy, available at: https://fffrree.com/en/privacy-policy constitutes a supplement to these Terms and Conditions.

These Terms and Conditions take effect on: 12.06.2023