Terms of service
of the StockShock stock service and the provision of other electronic services
(“terms of service”)

effective from:
november 1, 2023

 

1. 1. DEFINITIONS

   1. STOCKSHOCK – Jowita Niemczyk VISION – REKLAMA, POLIGRAFIA, 89-400 Sępólno Krajeńskie, ul. Bergera 12, Poland, NIP: 5551080500, REGON: 340346689 providing Services and Digital Content available via the Website to the extent and under the terms described in these Terms of Service.

   2. Contact Form – A service enabling the Customer to send messages to STOCKSHOCK via a dialog window provided through the Service at : www.stockshock.art.

   3. Order Form  – A form enabling the placement of an Order, in particular by adding Products to the Cart or subscribing.

   4. Customer – A Consumer, Consumer – Professional, or Entrepreneur, who has entered into an agreement with STOCKSHOCK for the provision of Services, a Subscription agreement, or an agreement for the delivery of Digital Content, or has taken actions aimed at entering into the specified agreements. A Customer can only be a natural person with full legal capacity, a legal person, or a non-legal personality with legal capacity.

   5. Consumer – A natural person making a legal transaction with STOCKSHOCK that is not directly related to their business or professional activity.

   6. Consumer – Professional – A natural person entering into an agreement with STOCKSHOCK directly in connection with their business activity (i.e., being an Entrepreneur), if the content of the agreement indicates that it does not have a professional character, resulting in particular from the subject of their business activity, provided on the basis of the provisions on the Central Register and Information on Economic Activity.

   7. Account – An individual customer account created by registering on the Service, allowing, among other things, the placement of orders, extension of Subscriptions, editing personal data, and viewing downloaded Digital Content.

   8. Cart – An element of the Service where the Products selected by the Customer are visible, and where there is also the possibility of specifying and modifying order details.

   9. STOCKSHOCK License – A document that is an integral part of this Terms of Service, describing the terms of use of the provided Digital Content, particularly related to copyright to the Digital Content. It is available at https://stockshock.art/licence/

   10. Privacy Policy – A document describing the processing of personal data by STOCKSHOCK, available at https://stockshock.art/privacy-policy/

   11. Product – Digital Content or Subscriptions that are the subject of an agreement between the Customer and STOCKSHOCK, concluded through the Service.

   12. Entrepreneur – A natural person, legal person, or organizational unit without legal personality, which is granted legal capacity by specific regulations, conducting business or professional activity in their own name.

   13. Terms of Service – This document.

   14. https://www.stockshock.art.

   15. Teleinformatics System – A set of cooperating computer devices and software, providing data processing, storage, transmission, and reception via telecommunications networks using the appropriate end-user device for a given type of network, as defined in the Telecommunications Act of July 16, 2004 (Journal of Laws 2004 No. 171 item 1800, as amended).

   16. Digital Environment – Computer hardware, software, and network connections used by the Customer to access Digital Content or use it.

   17. Subscription – A subscription service that allows the Customer to access the Service and the provided Digital Content according to the chosen plan from the plans specified on the website https://stockshock.art/pricing/ by paying in advance for a specified period, authorizing the download of a specified number, type, and quality of Digital Content in the respective plan.

   18. Digital Content – Digital materials available in STOCKSHOCK’s current offer in electronic formats, including digital photographs, graphics, sounds, and videos.

   19. Creator – An Entrepreneur collaborating with STOCKSHOCK, providing their digital materials through the Service based on the terms specified in the Cooperation Agreement.

   20. Agreement for the Delivery of Digital Content – An agreement under which STOCKSHOCK undertakes to provide the Customer with Digital Content, and the Customer undertakes to pay the price.

   21. Cooperation Agreement – A document specifying the rules of cooperation between the Creator and STOCKSHOCK, including the rules for providing the Creator’s digital materials, rights to them, and methods of calculating compensation for their provision through the Service.

   22. Service – Any service provided by STOCKSHOCK electronically through the Service.

   23. Order – A declaration of the Customer’s will submitted through the Order Form, aiming directly at concluding an agreement with STOCKSHOCK concerning the provision of Subscription services, delivery of Digital Content, or others.

   2. GENERAL PROVISIONS

   1. The provisions of this regulation are subject to Polish law.

   2. The regulation defines the type and scope of services provided by STOCKSHOCK, the conditions for providing these services through the Service, the conditions for concluding and terminating contracts for the provision of services, the conditions for concluding agreements for the provision of digital content, the use of digital content provided by STOCKSHOCK, and the rights of the Customer and the procedure for handling complaints, and therefore constitutes a document referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).

   3. STOCKSHOCK provides the following Services electronically through the Service:

   a) Familiarization with the content published on the Service;

   b) Managing the Cart;

   c) Placing Orders;

   d) Delivering Digital Content;

   e) Subscriptions;

   f) Providing a Contact Form.

   4. Contact with STOCKSHOCK is possible through:

   a) Electronic means – at the address: info@stockshock.art

   b) Postal mail – at the address: ul. Bergera 12, 89-400 Sępólno Krajeńskie, POLAND;

   c) Phone – at the number: +48 501 588 692

   d) Through Messenger, WhatsApp, or direct messages on Instagram and LinkedIn.

   5. This Regulation is available free of charge through the Service, allowing the acquisition, reproduction, and storage of the Regulation’s content using the Teleinformatics System used by the Customer.

   6. The Regulation constitutes a model of a distance contract. The content of the Regulation, in the case of using the Services specified in the Regulation, constitutes the content of the agreement for the provision of electronic services concluded between the parties.

   7. The Customer is obliged to use the Service, Services, and Digital Content in accordance with the provisions of the applicable law, the Regulations, and good manners.

   8. While using the Services, it is prohibited for the Customer to provide content of an unlawful nature.

   9. Prior to using the Services, the Customer is required to familiarize themselves with the Regulations and accept its provisions by clicking the appropriate checkbox before using the Services.

   3. TECHNICAL REQUIREMENTS

   1. To use the Services, it is necessary to have:

   a) an internet-enabled device (e.g., computer, tablet, phone) with an up-to-date web browser that supports cookies – e.g., Microsoft Edge, Opera, Mozilla Firefox, Google Chrome, Safari,

   b) an active email account.

   2. The costs of providing the above-mentioned technical conditions required for using the Services are borne by the Customer.

   3. Additionally, for security purposes while using the Services, it is recommended that the Customer’s device has:

   a) an up-to-date antivirus system,

   b) an effective firewall,

   c) installed available updates for the operating system and web browser concerning security.

   4. In order to properly use the Digital Content, it is necessary for the Client’s device to have additional software that allows – depending on the format of the Digital Content:

   a) for digital photos and graphics, reading files in the jpg format.

   b) for audio recordings, reading files in formats such as WMA, MP3.

   c) for video recordings, reading files in formats such as MP4, MOV, WMV, AVI.

   5. The technical requirements for using the Services or Digital Content are important for their proper functioning, the way they are displayed, and the security of transmitted data.

   6. STOCKSHOCK is not responsible for the Client’s failure to meet the above-mentioned technical requirements necessary to use the individual Services or Digital Content.

   7. STOCKSHOCK, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the operation of the Services, caused by force majeure, unauthorized actions of third parties, or the incompatibility of the Services with the Client’s technical infrastructure.

   8. STOCKSHOCK makes every effort to ensure that the Services provided are of the appropriate quality. However, it does not exclude the possibility of temporarily suspending the availability of the Services due to the need for maintenance, inspection, or in connection with the necessity of modernizing or expanding the Service. STOCKSHOCK will make every effort to ensure that planned technical breaks related to software maintenance and the telecommunications equipment and servers used by STOCKSHOCK for the Service, as far as possible, are scheduled during nighttime hours. STOCKSHOCK will inform Customers in advance of the timing and expected duration of the break, to the extent possible.

   9. STOCKSHOCK may introduce additional software or data into the Customer’s Teleinformation System, which is used by the Customer, that is not part of the Services provided by STOCKSHOCK. This may include the use of cookies or similar technologies other than those strictly necessary if the Customer has given prior consent as described in the Privacy Policy.

    

   4. CONTENT PUBLISHED ON THE WEBSITE PAGES OF THE SERVICE

   1. As part of the Service in question, the Customer may freely familiarize themselves with any content published by STOCKSHOCK on the Service.

   2. The agreement to provide this Service is concluded for the period of actual use of the Service, each time the Customer enters the Service’s website.

   3. The agreement to provide this Service terminates when the Customer leaves the Service, and this does not require any additional statements from STOCKSHOCK or the Customer.

   5. CONTACT FORM

   1. To use the above-mentioned Services, the Customer should provide correct, up-to-date, and data marked as required by STOCKSHOCK through a dedicated dialog window (form).

   2. The Contact Form Service is free of charge, and the agreement to provide these Services is concluded each time the Customer sends a message to STOCKSHOCK through the dedicated form.

   3. The agreement to provide the Services terminates upon their completion (sending a message) and does not require additional statements from STOCKSHOCK or the Customer.

   6. CREATING AND MAINTAINING AN ACCOUNT

   1. This service includes the option for the Customer to create an account for free and use its functionalities.

   2. One-time access to Digital Content is possible without the need to create an account. Account creation is required when purchasing a Subscription and for collaboration with STOCKSHOCK as a Creator.

   3. An account can only be assigned to one Customer, and a Customer may only have one account.

   4. Logging into the account is possible after the Customer provides an individual identifier (username) and password. In case of loss or forgetting the password, the Customer can use the password recovery option. The password can also be changed by the Customer independently through the account after logging in.

   5. The Customer must not share their account login and password with other individuals.

   6. The agreement to maintain the account is concluded for an indefinite period.

   7. SHARING YOUR OWN DIGITAL MATERIALS

   1. STOCKSHOCK allows Creators to share their own digital materials through the Service. This is done in accordance with the terms detailed in the Cooperation Agreement.

   2. Uploading their own digital materials to the account is equivalent to giving consent to the conditions described in the Cooperation Agreement.

   8. SUBSCRIPTION PAYMENT

   1. This service allows you to use a subscription service, which enables you to access the Service and the provided Digital Content for a paid period (usually one month) in the manner specified in the chosen subscription plan.

   2. STOCKSHOCK offers several subscription plans, varying in the number of Digital Content that can be downloaded without additional fees during the paid subscription period.

   3. To place an order for a subscription, you need to choose a subscription plan that suits your needs, using the “Subscribe” button (or equivalent), complete the order form by providing the required information, and confirm your order.

   4. The agreement for providing this service is concluded upon payment for the chosen subscription version (understood as the moment the payment is credited to STOCKSHOCK’s account) and is terminated upon the expiration of the paid period.

   5. The termination of the agreement does not require any additional statements, either from STOCKSHOCK or from the Client. The service is not automatically renewed.

   6. The service allows downloading Digital Content according to the purchased plan, regardless of whether the Client chooses to utilize this opportunity. Failure to download the maximum number of Digital Content despite STOCKSHOCK’s facilitation does not entitle you to request a refund of the fee or its part.

   7. The provision of the service commences immediately after the payment is credited to STOCKSHOCK’s account, provided that the Client, when placing an order, consents to the service starting before the withdrawal period expires and declares that they acknowledge that granting this consent will result in the loss of the right to withdraw from the contract once the subscription is activated.

   9. CART MANAGEMENT

   1. This service allows you to maintain a list of Products in your Cart that you find interesting, free of charge.

   2. The agreement to provide this service is concluded when the Client adds Products to the Cart and is terminated when the Client removes Products from the Cart.

   3. The termination of the agreement does not require any additional statements, either from STOCKSHOCK or from the Client.

   10. DIGITAL CONTENT

   1. Digital Content is made available to the Client under the conditions specified in the StockShock License.

   2. Digital Content is provided to the Client immediately upon payment being received in STOCKSHOCK’s account, if the Client, when placing an Order, agrees to the commencement of the provision of the service before the expiration of the withdrawal period and states that they are aware that expressing this consent results in the loss of the right to withdraw from the contract after the Digital Content is delivered.

   3. STOCKSHOCK delivers Digital Content to the Client by sending a link to the email address provided by the Client, allowing them to download and save the Digital Content on their device.

   4. The failure of the Client to download, save, or use the delivered Digital Content, despite STOCKSHOCK ensuring this possibility, does not entitle the Client to request a refund from STOCKSHOCK for the price of the specific Digital Content.

   5. If Digital Content is not delivered to the Client within 24 hours, the Client requests STOCKSHOCK to provide it. The request, as mentioned earlier, can be sent by postal mail or via email. If STOCKSHOCK does not deliver the Digital Content immediately upon receiving the request or within an additional, expressly agreed period, the Client may withdraw from the contract for the provision of Digital Content. Details regarding the exercise of the right of withdrawal from the contract can be found in Section IX of the Terms and Conditions.

   6. STOCKSHOCK is not obliged to update Digital Content after it has been delivered to the Client.

   11. PLACING ORDERS FOR DIGITAL CONTENT

   1. The prices provided on the Service are gross prices.

   2. STOCKSHOCK issues VAT invoices.

   3. The Client is obliged to use the Products offered by STOCKSHOCK in accordance with the regulations in force in the Republic of Poland and in accordance with the provisions of the Regulations and the STOCKSHOCK License.

   4. Placing an Order is possible after providing the necessary identification, contact, and address data enabling the fulfillment of the Order and the issuance of a VAT invoice (in the case of Orders placed by Entrepreneurs).

   5. In order to place an Order for Digital Content, the Client should:

   a) select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);

   b) complete the Order Form,

   c) follow the instructions displayed after completing the Order Form, including choosing one of the available payment methods, and, depending on the chosen payment method, pay for the order within the specified period.

   6. STOCKSHOCK provides the Client with the following payment methods for Products:

   a) electronic payments via Przelewy24;

   b) PayPal,

2. c) Stripe,

3. d) Elegro.

4.  

   7. The current list of available payment methods is available next to the Order Form.

   8. In the case where the Client expressed the wish to receive a VAT invoice, it is delivered electronically together with the confirmation of the Order fulfillment to the email address provided by the Client when placing the Order.

   XII. WITHDRAWAL FROM THE AGREEMENT

   1. The rights described in this section apply exclusively to Customers who are Consumers or Consumer-Professionals.

   2. The Customer has the right to withdraw from the Agreement for the supply of Digital Content or Service provision within 14 days, without stating any reason. This does not apply to the supply of Digital Content or the commencement of Subscriptions under circumstances that would deprive the Customer of their right to withdraw from the agreement.

   3. To comply with the withdrawal period as specified in point 2, it is sufficient to send a withdrawal declaration to STOCKSHOCK before the deadline, to the email address: info@stockshock.art.

   4. In case of the Customer sending a withdrawal declaration through traditional means (mail, courier), the date of sending is used to calculate the 14-day withdrawal period.

   5. STOCKSHOCK is responsible for any non-conformity of the Digital Content with the Agreement for the supply of Digital Content:

   a) that existed at the time of delivering the Digital Content and became apparent within 2 (two) years from that moment – for one-time or partial supplies of Digital Content;

   b) that becomes apparent during the provision of Digital Content – for continuous supplies of Digital Content.

   6. If the Digital Content does not conform to the Agreement for the supply of Digital Content, the Customer may request that it be brought into conformity with the said agreement.

   7. The Customer is obligated to cooperate with STOCKSHOCK, to a reasonable extent, using the least inconvenient technical means to determine whether the non-conformity of Digital Content with the agreement is due to the characteristics of the Customer’s Digital Environment within a reasonable period.

   8. STOCKSHOCK may refuse to bring the supplied Digital Content into conformity with the agreement if such conformity is impossible or would result in excessive costs for STOCKSHOCK.

   9. STOCKSHOCK will bring the Digital Content into conformity with the agreement within a reasonable time from the moment it is informed by the Customer of the non-conformity, without causing excessive inconvenience to the Customer, taking into account the nature and purpose for which the Digital Content is used. The costs of bringing the Digital Content into conformity with the agreement are borne by STOCKSHOCK.

   10. If the Digital Content is non-conforming with the agreement, the Customer may submit a statement for a price reduction or withdrawal from the agreement when:

   a) Bringing the Digital Content into conformity with the agreement is impossible or would involve excessive costs as specified in point 8 above.

   b) STOCKSHOCK fails to bring the Digital Content into conformity with the agreement as per point 9 above.

   c) Non-conformity of the Digital Content with the agreement persists, even though STOCKSHOCK attempted to bring it into conformity with the agreement.

   d) The non-conformity of the Digital Content with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior use of the remedy referred to in point 6 above.

   e) It is evident from STOCKSHOCK’s statement or circumstances that it will not bring the Digital Content into conformity with the agreement within a reasonable time or without excessive inconvenience to the Customer.

   11. The Customer cannot withdraw from the agreement if the Digital Content is supplied in exchange for payment and the non-conformity with the agreement is insignificant.

   12. In the event of Digital Content non-conformity with the Agreement for the supply of Digital Content and the Customer’s desire to exercise the rights mentioned above, the Customer may submit a complaint to STOCKSHOCK, either electronically or in writing. The complaint should include the Customer’s contact details (name, address, or email address), a description of the reason for the complaint, and what the Customer requests in connection with the complaint.

   13. STOCKSHOCK will promptly, but no later than within 14 days, review the complaint and provide the Customer with a response, unless a shorter response period is required by an applicable legal provision.

   14. If STOCKSHOCK does not accept the Customer’s complaint, and the Customer disagrees with this decision, the Customer has the option to use out-of-court methods to handle complaints and pursue claims.

   15. Detailed information on the possibilities for the Customer, as a Subscriber, to use out-of-court methods to handle complaints and pursue claims, as well as the rules for accessing these procedures, is available at the offices and on the websites of: a) district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection; b) Voivodship Inspectorates of Trade Inspection; c) the Office of Competition and Consumer Protection.

   16. The Customer may initiate online dispute resolution through the platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.

   17. In the event of the Customer’s withdrawal from the Agreement for the supply of Digital Content, STOCKSHOCK shall immediately cease the delivery of the Digital Content upon receiving the Customer’s withdrawal statement.

   18. In the event of withdrawal from the Agreement for the supply of Digital Content, the Customer is obligated to cease using the Digital Content and refrain from providing them to third parties.

   19. STOCKSHOCK is not entitled to demand payment for the period during which the Digital Content did not conform to the agreement, even if the Customer effectively used them before withdrawing from the agreement.

   20. STOCKSHOCK is obliged to refund the Customer only in the amount corresponding to the Digital Content that did not conform to the agreement and the Digital Content, for which the obligation of delivery was extinguished due to withdrawal from the agreement.

   21. STOCKSHOCK shall make a refund to the Customer for the amount due as a result of exercising the right of withdrawal from the agreement or a price reduction due to non-conformity of the Digital Content with the agreement, without undue delay, no later than within 14 days from the day of receiving the Customer’s withdrawal statement or price reduction.

   22. STOCKSHOCK shall provide the refund using the same payment method employed by the Customer, unless the Customer explicitly consents to a different refund method that does not incur any costs.

   23. The Customer may utilize the withdrawal form template constituting Attachment No. 1 to the Regulations, although it is not obligatory. This form also constitutes Attachment No. 2 to the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).

   24. In the case of withdrawal from the agreement, the agreement is considered as not concluded.

    

   XIII. PROCESSING OF PERSONAL DATA

   Detailed information regarding the processing of customers’ personal data can be found in the Privacy Policy. https://stockshock.art/privacy-policy/

   XIV. COPYRIGHT

   1. Digital Content constitutes works as defined by the Act of February 4, 1994, on Copyright and Related Rights, and is subject to protection provided by this legal act.

   2. Exclusive proprietary copyright to the Digital Content belongs to STOCKSHOCK, while moral copyrights remain with the authors. This provision does not infringe upon the rights of third parties to elements of the Digital Content from which STOCKSHOCK benefits under appropriate licenses.

   3. Upon delivering the Digital Content to the Customer, STOCKSHOCK grants the Customer a non-exclusive license to use the Digital Content under the terms specified in the STOCKSHOCK License.

   4. Violation of the provisions specified in this section of the Terms and Conditions authorizes STOCKSHOCK to make claims against the Customer, including initiating legal proceedings.

   XV. FINAL PROVISIONS

   1. STOCKSHOCK may make changes to the Terms and Conditions for valid reasons, in particular in the event of:

   a) changes in the legal status requiring modifications to the Terms and Conditions,

   b) changes in the subject of STOCKSHOCK’s operations,

   c) modifications to services previously provided or the discontinuation of their provision,

   d) rectifying errors and mistakes in the Terms and Conditions.

   2. Customers will be informed of changes to the Terms and Conditions by publishing the revised version on the Service’s website at least 14 (fourteen) days before the effective date of the changes. In the period referred to in the preceding sentence, the modified version of the Terms and Conditions will also be sent to Customers by email.

   3. The provisions of the then-current Terms and Conditions apply to Agreements for the supply of Digital Content concluded before the effective date of the new Terms and Conditions.

   4. A Customer who does not agree to the changes in the Terms and Conditions may terminate the Agreement for the supply of Digital Content with immediate effect until the effective date of the changes to the Terms and Conditions. Failure to terminate is deemed as consent to the changes in the Terms and Conditions.

Attachment No. 1

 

DECLARATION FORM FOR WITHDRAWAL FROM THE AGREEMENT
(this form should be completed and sent only if you wish to withdraw from the agreement)

 

Declaration of Withdrawal from the Agreement

I hereby inform you that I am withdrawing from the agreement ___________*: agreement date: _______________

 

[First and Last Name/Address]

 

……………………………………………………………………………..

 

………………………………………………………………….…………..

 

……………………………………………………………………………

 

e-mail: ………………………..………………………………………

 

Bank account to which the amount paid should be refunded:

 

…………………………………………………………………………………………………………………………………………………………

……………………………………………………

[Date] [Signature]

*please specify which agreement this withdrawal pertains to; if not indicated, it will be assumed to apply to all agreements covered by the Terms and Conditions