Terms and Conditions

I. Explanation of Terms

1. “KBZ Trademark” – means an online shop, which can be accessed on https://kbztrademark.com/.
2. “Website” – https://kbztrademark.com/
3. “Service Provider” / “KBZ Law Firm” – KBZ Żuradzki Barczyk & Partners Advocates and Attorneys-at-Law LP with its registered office in Katowice, ul. Zabrska 17 (40-083 Katowice), Poland, registered in the National Court Register kept by the District Court in Katowice, Commercial Division with number KRS 0000953480, and registered as a VAT payer with a tax identification number NIP PL6342352461 and REGON number 276462519.
4. “User” – means any natural or legal person using the KBZ Trademark online shop.
5. “Customer” – A User who is a natural person who makes a legal transaction with the Service Provider not directly related to his/her business or professional activity.
6. “Service” – means any service displayed to the User in the KBZ Trademark or agreed individually with the User.
7. “Order” – User’s declaration of intent made by means of the KBZ Trademark website.
8. “Sales Agreement” – Sales Agreement of a Service concluded between a User and a Service Provider via the Website. By the Sales Agreement is also understood – applying to the characteristics of the Product – the contract for the provision of services and the contract for specific work.

II. General Provisions

1. These Terms and Conditions define the conditions for the provision of services through electronic means by the Service Provider on the website located at https://kbztrademark.com/.
2. The online shop available under https://kbztrademark.com/ is kept by the Service Provider.
3. KBZ Trademark conducts sales through the internet network under: https://kbztrademark.com/. Prices and information concerning products placed on the shop’s website shall not constitute an offer according to the Polish civil code, only an invitation to negotiations.
4. A prerequisite for using KBZ Trademark is reading and accepting these Terms and Conditions as well as our Privacy Policy. Placing an order via KBZ Trademark is equivalent to accepting the Terms and Conditions. In order to accept the Regulations and place an order, it is necessary to select the option: “I accept the Terms & Conditions” and “I accept the Privacy Policy”.
5. The Service Provider provides software for trademark registration and provides information regarding the service. Legal advice and legal representation are rendered by KBZ Żuradzki Barczyk & Partners Advocates and Attorneys-at-Law LP with its registered office in Katowice, ul. Zabrska 17, 40-083 Katowice, Poland.

III. Scope and Principles of Providing Services by Electronic Means

1. The object of the KBZ Trademark’s activity is the sale of legal services. A detailed list of products along with unit prices is on the website or will be prepared individually. Prices on the website are in EUR and do not include value-added tax (VAT) unless otherwise stated. The price binding for the User and Service Provider is the price on the website during the placement of the order, under the condition that it has been confirmed in the order confirmation.
2. VAT invoices are issued when the service ordered by the User is completed.
3. The condition necessary to complete the order is a properly filled out internet account registration form by the User.
4. The User is kept up-to-date about changes in the prices of services offered on the website.
5. Payment for services from the shop is made in the form of payments described in the Terms and Conditions.
6. The price listed for the registration service is final and includes the basic official fee in accordance with the price list below. The price may only change with the number of classes of goods and services that the User wants to protect.
7. The documents will be delivered to the User’s e-mail address specified as the contact address in the Order Form. The contact address of the Service Provider is info@kbztrademark.com.
8. The Service Provider accepts orders placed using the form 24 hours a day, 7 days a week. Orders placed on holidays will be accepted on the working day following the day on which the order was placed.
9. In cases where the physical registration certificate is issued (e.g., German registration certificate, etc.), it will be delivered to the User by a delivery company.

IV. Rules for Placing an Order In order to place an order, it is necessary to:

1. Select the service that is the subject of the order and then click on the “Add to cart” button (or equivalent).
2. Fill in the order form by entering the details of the ordering User and the e-mail address to which the Service is to be delivered, and enter the invoice details if different from the details of the recipient of the order.
3. Click the “Place order” button and confirm your order by clicking on the link sent in the e-mail.
4. Choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period.

V. Order Execution and Sales Agreement

1. The conclusion of a Sales Agreement between the User and the Service Provider takes place after the User places an Order using the Order Form in accordance with point IV of the Terms and Conditions.
2. After placing an order, the Service Provider immediately confirms its receipt and at the same time accepts the order for execution. Confirmation of receipt of the order and its acceptance for execution is sent by the Service Provider to the User’s e-mail address given during the placement of the Order, which contains at least the Service Provider’s statements on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the User of the above e-mail message, the Sales Agreement between the User and the Service Provider is concluded.
3. If the User chooses: 
   1. Transfer payment, electronic payment, or payment card payment, the User is obliged to make the payment within 3 calendar days from the conclusion of the Sales Agreement – otherwise, the order will be cancelled.
   2. If services with different delivery times are ordered, the delivery time is the longest specified time.

VI. Payment Methods

1. The Service Provider shall make available to the User the following methods of payment for the Sales Agreement: 
   1. Payment to the Seller’s bank account.
   2. Electronic payment.
2. Settlements of electronic payment and payment card transactions are carried out according to the User’s choice via Stripe.com.
3. The date of payment shall be the date of crediting the Service Provider’s bank account.
4. If the User chooses to pay by bank transfer, electronic payment, or payment card, the User is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement.

VII. Complaints

1. In the event of improper performance of the service, a complaint should be made in writing to info@kbztrademark.com.
2. The Service Provider will respond to the complaint within 14 days. Failure of the Service Provider to respond within the aforementioned period shall mean that the Seller acknowledged the complaint as justified.
3. The methods of filing a complaint: 
   1. In writing to the correspondence address of the Seller.
   2. In an electronic form via e-mail to the address: info@kbztrademark.com.
4. In the complaint, the User should indicate: 
   1. The service to which the complaint relates.
   2. Information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect.
   3. Requests for the manner of bringing the Service into conformity with the Sales Agreement or a declaration on price reduction or withdrawal from the Sales Agreement.
   4. Contact details.

VIII. Right of Withdrawal

1. A consumer who has entered into a remote agreement may withdraw from the agreement within 14 days without giving any reason and without bearing any costs. The Consumer may not withdraw from the contract if the service has already been performed.
2. The withdrawal period shall start from the day of the conclusion of the contract.
3. The consumer may withdraw from the contract by informing the Service Provider of his decision to withdraw from the contract by an explicit statement, for example by sending a letter by post to the address of the Seller or by sending this statement by e-mail to the address: info@kbztrademark.com.
4. Sending information on exercising the right of withdrawal before the expiry of the withdrawal period shall be sufficient to meet the withdrawal deadline.
5. In the case of withdrawal from a remote contract, the contract shall be deemed not to have been concluded. If the User has made a statement on withdrawal from the contract before the Seller accepted his offer, the offer shall cease to be binding.
6. In the case of withdrawal from the contract, the Service Provider shall immediately, no later than 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments received from him.
7. Reimbursement will be made using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to another way of reimbursement – in any case, the Consumer will not incur any fees in connection with this return.
8. The Consumer shall be liable for any diminution in the value of the item resulting from the use of the item in a manner other than that which was necessary to establish the nature, characteristics, and functioning of the item.

IX. Personal Data Protection, Provision of Electronic Services

1. The administrator of the Customers’ personal data collected via the KBZ Trademark is the Service Provider.
2. Customers’ personal data collected by the administrator through the KBZ Trademark are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. Third recipients of personal data of Users of the KBZ Trademark may be external companies providing services to the Seller such as IT companies, consulting companies, and accounting companies providing services on behalf of the Service Provider.
4. If the User uses an electronic or credit card payment method in the KBZ Trademark, the Administrator shall make available the collected personal data of the Customer to the selected entity handling the aforementioned payments in the KBZ Trademark.
5. The User has the right to access and correct his data.
6. Provision of personal data is voluntary, although failure to provide the personal data specified in the Regulations and necessary to conclude a Sales Agreement results in the impossibility to conclude this agreement.

X. Governing Law

These terms shall be governed by the laws of Poland, without reference to its conflict of law rules. Our failure to enforce any right or provision of these terms will not be deemed a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These terms represent the entire agreement between us concerning our service and supersede any prior agreements we may have had.

XI. Disclaimer

To the maximum extent allowed by law, KBZ Trademark and its directors, employees, partners, agents, suppliers, or affiliates will not be liable for any damages or losses, including but not limited to lost business, revenue, or profits, or damage to data, equipment, or software. This encompasses all types of damages (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) resulting from:

1. Your use of or inability to use the service and/or website.
2. Any actions or content of third parties on the service.
3. Any content obtained through the service.
4. Unauthorized access, use, or alteration of your transmissions or content.

Neither party will be liable for incidental or consequential damages, including punitive or economic damages or lost profits, regardless of whether either party was aware or should have been aware of the possibility.

XII. Indemnification

You agree to defend, indemnify, and hold KBZ Trademark and its employees, partners, attorneys, contractors, agents, officers, and directors harmless from any claims, damages, losses, liabilities, costs, or expenses (including attorney’s fees) arising from: 

1. Your use of the service, whether by you or anyone using your account and password. 
2. Your violation of these terms.

XIII. Final Provisions

1. These Terms and Conditions shall enter into force on November 15th, 2024, and shall remain in force for an indefinite period.
2. In matters not covered by these Terms and Conditions and/or our Privacy Policy, generally applicable provisions of Polish law shall apply, in particular: the Polish Civil Code; Act on providing services by electronic means; Act on consumer rights; Act on personal data protection.
3. The User shall have the right to make use of out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
4. The Service Provider reserves the right to revise these General Terms and Conditions, after which such a revised version will be published at https://kbztrademark.com/. The Service Provider will also notify the User of the new version. Such notice will be sent to the User’s point of contact for the Agreement.