Terms and Conditions
REGULATIONS GOVERNING THE PROVISION OF SERVICES BY ELECTRONIC MEANS OF COMMUNICATION ON WWW.PIXELS4YOU.COM WEBSITE
§ 1. Introductory provisions
1. These regulations (hereinafter: Regulations) determine terms and conditions of rendering services provided electronically on www.pixels4you.com website managed by NET GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ established in the Republic of Poland, in Bydgoszcz (85-457) at Krajenska 8, registered in the Register of Entrepreneurs of the National Court Register [KRS] by the District Court in Bydgoszcz, 13th Business Division, under the KRS number: 0000779237, NIP: 9671426529, REGON: 382942890, share capital: PLN 5000 hereinafter referred to as the Operator.
2. The terms used in the Regulations shall have the following meaning:
I. Client – a natural person with full capacity to perform acts in law, a legal person or an unincorporated organisational unit with legal capacity granted under a specific law, concluding a contract for provision of services through the Website with the Operator.
II. Consumer – a Client who concludes contract with the Operator, not connected directly with the business or professional activity they conduct.
III. Account – service provided electronically by the Operator, allowing to create and manage an account on the Website, which enables to conclude contracts for provision of Services with the Operator.
IV. Advertisement – content provided by the Client in the graphic file format, as a text or link to the web page managed by them, publishing of which on the Website under the terms and conditions specified in the Regulations, falls under the Service.
V. Website – web page available at the address https://www.pixels4you.com.
VI. Services– provided by service Operator which consist in allowing for publication of the Advertisement on the main page of the Website.
3. The Client has the opportunity to reach the Operator and file claims using the following contact data:
I. E-mail address: firstname.lastname@example.org.
II. Mailing address: Poland, Bydgoszcz, Krajenska 8, 85-457.
4. The Operator shall use the following means of communication with the Consumer:
I. Contact form available on the Website.
II. E-mail correspondence.
III. Correspondence by post.
§ 2. Technical requirements and user account registration
I. Edge: https://www.microsoft.com/windows/microsoft-edge
II. Google Chrome: https://www.google.com/chrome/
III. Internet Explorer: https://www.microsoft.com
IV. Mozilla Firefox: https://www.mozilla.org
V. Opera: https://www.opera.com
VI. Safari: https://support.apple.com
VII. Vivaldi: https://vivaldi.com
VIII. Windows Mobile: https://www.microsoft.com/windows/windows-10-mobile-upgrade
2. Having an e-mail account is required to conclude contract for provision of Service. Additionally, having an account on https://facebook.com you can use the Services. Signing in to website via the Facebook social network has the same effects as signing in directy to the website.
3. Using the Services is also possible through the Account. The Account may have the status of an individual account (without providing Company name or VAT no.) or a company account if it is used by the entity other than a natural person or by a natural person for business purposes.
4. In order to register the Account, true and accurate personal data of the Client must be provided.
5. The Client may have only one Account on the Website per e-mail address.
7. The Client may resign from operating the Account at any time by submitting an appropriate disposition via e-mail at: email@example.com, which, however, shall not give rise to a claim for reimbursement of payments made, except where it is related to effective submission of statement on withdrawal from the contract, which is referred to in § 4.
8. The Client shall use the Website in a manner consistent with binding provisions of law and principles of community life. The Client must not:
I. Provide content that is unlawful.
II. Use the Website in a manner leading to distortion of its functioning or causing other Users’ inconvenience.
III. Use content of the Operator or other persons available on the Website in a manner extending beyond own personal use.
IV. Breach Regulations or provisions of the common law.
9. The Operator may void the right to use the Website in case of the User who during the registration process or while placing an order without registration, intentionally provided false data or, despite being requested, did not put an immediate stop to violation of the provisions in the preceding paragraph.
§ 3. Conditions for publication of Advertisement
1. Advertisement published on the Website by the Client must be in English only.
2. Advertisement is purchased by Signing in, then by clicking on “Buy pixels” button, selecting category and advertising space, followed by Order Pixels (48h reservation) and Pay (moving to payment window).
3. Advertisement published on the Website by the Client shall include a graphic file up to 1MB and must be added in JPEG, PNG, or GIF format with a prohibition to publish animated content. The Client has the opportunity to view their advertisement on the selected advertisement board in real time. Name field is limited between 0 and 50 characters, description limit between 0 and 100. Added graphics, content and the link must comply with paragraph clause 1 and 13, otherwise the Advertisement shall not be accepted, and the advertiser will have to modify it.
4. By publication of the Advertisement, the Client declares they are entitled to use the content it includes, in particular the fact they own the copyright to the content presented in the graphic file, they are authorised to use name or the logo used in the text of the graphic file and the fact they have the right to use the web page under the published link.
5. When publishing the Advertisement, the Client specifies its space in blocks, where one block stands for a square of 324 pixels (18 x 18). The Client may order Advertisement covering the area between the minimum of 1 (one) up to the maximum of 100 (one hundred) blocks on 1 out of 15 advertisement boards or divide the advertisement into several or more individual ads. One Client has the limit of 100 advertisement blocks. All adverts purchased by the Client shall be visible in their “My pixels” window.
6. The cost of a single advertisement block on our homepage is $150 and on the theme boards it is $100. Forms and information related to the payment are contained in clauses 9 and 10. When selecting cryptocurrency payment option - the value of $150 or $100 is calculated into the current rate of exchange of the selected cryptocurrency, which is available as the method of payment in clause 9 by the Coinbase Commerce operator clause 10.
7. The first emission of the Advertisement shall be held from 01.10.2019 to 31.12.2024, and thereafter in the following 5-year cycles. Each time, after the end of the Advertisement screening period, all advert boards shall be transferred to a new subpage with archived Advertisements. The Client shall have the opportunity to re-purchase the advert on the website for the next period by re-selecting the space for publication of the advertisement and making the payment.
8. Price of the service is expressed in US Dollars (USD) and shall be regarded as gross price (i.e. including any possible due goods and services tax).
9. The Client may make the payment in the following ways:
I. Through PayPal service (PayPal (Europe) S.àr.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349).
II. Using MasterCard card.
III. Using Visa card.
IV. Using American Express card.
V. With cryptocurrencies: Bitcoin (BTC), Bitcoin Cash (BCH), Ethereum (ETH), Litecoin (LTC) and USD Coin (USDC)
10. In case of the payment made with one of the listed cryptocurrencies: Bitcoin (BTC), Bitcoin Cash (BCH), (Ethereum (ETH) Litecoin (LTC) and USD Coin (USDC), the payment shall be operated by Coinbase Commerce service at the following address: https://commerce.coinbase.com/.
11. Payments made with credit cards are subject to verification of correctness and authorisation by a financial institution. When choosing such a payment method, the Client confirms they are the legitimate owner of the credit cards they use. Possibility to complete order and authorize method of payment chosen by the Client depend on the result of verification process.
12. The Client is obliged to make payment within 72 hours after placing the order. Upon expiry of the term, reservation of the advertising space expires and is available to other Clients.
13. The Advertisement is published after the Operator’s approval, which takes place not later than within 72 hours falling on working days as of submitting the Advertisement to the Website and making the payment. After the Operator receives payment, the invoice shall be electronically sent to the Client to their e-mail address. The document shall be also visible on the account, in My Pixels window.
14. The Operator has the right to suspend publication of the Advertisement and to hide the Advertisement already published and request its modification from the Client, especially if the added or modified Advertisement, i.e. a graphic file, name, description and link redirecting to a web page, violate provisions contained in this paragraph. Contents and links to WWW pages listed below shall not be approved whatsoever:
I. Betting or gambling.
II. Sales of alcohol, tobacco or any information related to the production, etc.
III. Presenting pornographic, indecent or racists content.
IV. Presenting content inciting violence, terrorism or glorifying such behaviour.
V. Content related to drugs, including sale of drugs, inciting others to use them, etc.
VI. Sale of guns, ammunition, knives etc. and all related information.
VII. All types of religious content.
VIII. All activities related to funeral companies or services.
IX. Politics, political parties, inciting people to vote, etc.
X. Including content which are factually inaccurate or misleading.
XI. Including words commonly considered offensive.
XII. Violating third party personal interests.
XIII. Violating third party personal or property rights.
XIV. Violating third party protecting rights for trademarks.
XV. Refer to goods or services not permitted for sale or of illegal origin.
XVI. Breaching provisions of the common law in other way.
15. In case a new Advertisement is added by the Client or if it is modified, the Operator shall verify new Advertisement or approve modification within 72 hours. Added or modified content must comply with clause 1 and 14 herein.
Should the Client continue to modify the advert in a manner incompatible with clauses 1 and 14, the Operator shall have the possibility to block the user, their advertisement or advertisements which violated the Regulations. In the first stage the Client shall be warned, then the account will be blocked up to 72 hours, including removal of the purchased block or blocks of adverts which have not been modified following the warning so as to comply with clauses 1 and 14 of the Regulations. Moreover, the Client shall have the opportunity to edit their adverts and shall not be allowed to purchase new advertisement block on the Website. The funds used by the Client to purchase the Advertisement shall not be returned in case of breach of the Regulations, which does not apply to the Consumers.
Unblocking the account and recovery of its full functionality shall be possible only against a request to recover the account sent to our e-mail address: firstname.lastname@example.org. Should the account be recovered back to its full functionality, removed advertisement blocks shall not be visible on the Client’s account. Hiding an Advertisement or suspension of its publication under clauses 1, 14 and 15, does not give ground to entitlement to claim refund of the price paid for its publication or to reduction of the price proportionally to the time of hiding or suspension of the advert.
16. The Client may request removal of their Advertisement, which does not entitle to return of the payment for its publication, nor to reduction of the price due to the unused time, except where a valid withdrawal from the contract, pursuant to § 4 is performed by the Client. Removal of the Advertisement occurs within 72 hours after a request to this effect is submitted via e-mail at: email@example.com.
17. The User agrees to have electronic invoices sent at the e-mail address they provide.
§ 4. Withdrawal from a contract concluded remotely
1. A Client that is the Consumer has the right to withdraw from the remotely concluded contract for electronically provided services within the period of 14 days, without giving any reason and free of charge, except those specified in the Regulations.
2. The above period shall begin upon conclusion of the contract.
3. In order to adhere to the deadline, it is enough to send a statement on withdrawal from the contract concluded remotely at the e-mail address or in written form at the Operator's addresses provided in Contact us tab. The Client may use the following template: https://pixels4you.com/download-file/declaration-on-withdrawal-from-a-contract
In case of the statement on withdrawal from the contract, return in the cryptocurrency form, please send the statement at the e-mail addresses.
4. As a result of legally effective withdrawal from the contract concluded remotely, the contract shall be considered as not executed.
5. Within 14 days as of the receipt of the statement on withdrawal, the Operator must return the Client who is the Consumer, payments made by them, using the same method as the one used by the Client when making their payment. In case of purchase made via PayPal, the Client’s statement on withdrawal from the contract in clause 3 shall include e-mail addresses used to make payment.
Return of the funds in the form of Bitcoin and other cryptocurrencies referred to in §3 clause 9, shall be calculated as at the precise time of our receipt of the Consumer's withdrawal from the contract in clause 3 sent by e-mail only. Return of the funds in cryptocurrencies shall be calculated up to the value of the purchased block, for instance: $150 or $100 value according to Dollar (USD) - Bitcoin relation. Cryptocurrencies have variable rate of exchange and their price is changing rapidly.
The return shall be made to the cryptocurrency wallet, from which the funds were sent to us.
6. The Client may withdraw from the contract in the following cases, in cases determined in Article 38 of the 30th May 2014 law on consumer rights, in particular as refers to contracts for provision of services, where upon complete performance of the service by an entrepreneur, with the explicit consent of the consumer, who had been informed prior to the beginning of service provision that after completion of the service by the entrepreneur, they shall lose the right to withdraw from the contract.
8. If the advert is added by the Client (Company) and its category or content does not comply with Regulations in §3 clauses 1 and 14, the funds shall not be returned and advertising space shall be removed, excluding the Client (Consumer).
§ 5. Complaint proceedings
1. The Client shall inform without delay the Operator about faults in proper functioning of the Website and defects in the provided Services, whereas the Operator undertakes to remove immediately the defects as soon as possible.
2. The Client may file complaints using Contact us, mailing address or e-mail indicated in § 1 clause 3 of the Regulations.
3. The complaint shall include data allowing for verification of the Client and identification of the defect type.
4. The Operator undertakes to consider the complaint within 14 days as of its receipt, and if in exceptional and justified cases it proved impossible - to inform within the term the Client about the reasons for that delay and final deadline for handling the complaint.
§ 6. Protection of privacy
§ 7. Solving Disputes
1. All disputes that may arise between the Operator and the Clients in relation to the Regulations herein, shall be solved by the court of competent jurisdiction and proper venue. Pursuant to the provisions of the code of civil procedure, the Parties may bring proceedings in particular to the competent court:
I. According to the domicile of the defendant.
II. According to the address of the head office or branch office of the entrepreneur, if the pursued claim is related to such branch office.
III. According to the place of performance of the contract.
2. Should a dispute occur between the Operator and the Client who is a Consumer, the Client shall be entitled to resort to out-of-court means of dispute settlement, in particular:
I. Mediation conducted by Trade Inspection.
II. Permanent Consumer Arbitration Court attached to provincial inspectorates of Trade Inspection.
3. A Client, who is the Consumer, may obtain free assistance in settlement of the dispute between the Client and the Operator, using free assistance of municipal (city) spokesman for protection of consumer rights or a social organisation whose statutory activity covers the issues related to protection of consumer rights (such as the Consumers’ Federation, Polish Consumers’ Association). Advice is provided by the Consumers’ Federation via a toll-free consumer information line 800 007 707 and by the Polish Consumers’ Association at the e-mail address: firstname.lastname@example.org.
4. A platform for online resolution of disputes between consumers and entrepreneurs at the Union level (ODR platform) is available at the address: http://ec.europa.eu/consumers/odr. ODR platform is an interactive and multi-language web page with a one-stop-shop for consumers and entrepreneurs who seek to reach out-of-court solution of the dispute related to contractual obligations resulting from online sale of goods or provision of service contract.
§ 8. Exclusions
1. In case of the Clients who are not consumers, provisions contained in the Regulations related to entitlements granted by the law only to the consumers, especially those related to withdrawal from a contract concluded remotely, do not apply.
2. A Client, who is not a Consumer, agrees to transfer at any time the Operator’s rights and obligations resulting from the concluded contract for electronically provided services to the entity indicated by the Operator and is obliged to confirm such consent in written form upon the Operator's request.
§ 9. Final provisions
1. To all matters not settled in the Regulations, applicable provisions of the Polish law shall apply, in particular:
I. The 30thMay 2014 law on consumer rights (Journal of Laws of 2014 item 827).
II. The 23rd April 1964 law - the Civil code (i.e. Journal of Laws of 2014 item 121).
III. The 18th July 2002 law on provision of services by electronic means (i.e. Journal of Laws of 2013 item 1422).
2. The Operator shall be entitled to modify the Regulations.
3. New wording of the Regulations shall be binding within 14 days as of the date of publication on the Website’s main page. The Clients shall be notified about modification in the Regulations via e-mail.
4. If a Client who holds the account does not agree with the new wording, they must inform the Operator within the term referred to above.
5. In case of the contracts concluded before Regulations with the new wording enter into force, previous wording of the Regulations shall apply.