This set of terms and conditions ("Terms") defines the rules for using the online service available at https://photoaid.com (hereinafter referred to as the "Service") and through dedicated mobile applications ("Mobile Applications").
The Service is operated by PhotoAiD S.A., located at Żurawia 71, 15-540 Białystok, Poland, registered in the National Court Register kept by the District Court in Białystok, XII Commercial Division of the National Court Register under number 0000941997, Tax Identification Number (NIP) 7831692257, National Business Registry Number (REGON) 302228040 ("Service Provider").
For the purposes of these Terms, a "User" is any person who visits or uses the Service via a web browser or through the Service Provider's Mobile Applications.
The scope of the Service Provider's business includes: providing the User with the Service Provider's offer and enabling them to perform, purchase, and download ("Services") photos for official documents in digital form ("Products"), as well as deliver the Products to the User (“Product Delivery”), or allow for pick up by the User in pick-up locations (“Product Pick-up”), and in the case of a User who has purchased a particular Product – also enabling such a User to express their opinion about that Product or the Service Provider through an entity cooperating with the Service Provider and in accordance with the terms set by that entity."
Providing the User with the Service Provider's offer through Mobile Applications is free of charge. Specifically, downloading the Mobile Applications and browsing the Service Provider's offer does not incur a fee. The Service Provider's offer is subject to change. The costs incurred by the User are related to the acquisition of Products.
§ 2. User Usage Guidelines
The Service is intended for individuals over the age of 16. Consequently, the Service Provider does not knowingly process personal data of children under the age of 16.
The User is obligated to verify their own photo in the Service.
The User must comply with legal regulations when using the Service, particularly the provisions of the Act of April 23, 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
To use the Service, the User must have a device that allows access to the internet, including a browser that accepts cookies. Access to the Service is also possible through Mobile Applications. To use the Mobile Applications, a mobile device operating on Android 6.0+ or iOS 9+ is required.
The purchase of a Product by the User is tantamount to the User's consent to be contacted via email by an entity that collects opinions on behalf of the Service Provider about the Products or the Service Provider, with the aim of improving the quality of Services provided within the Mobile Application and the Service and tailoring their functionalities to the needs of the User.
§ 3. Rights and Liability of the Service Provider
The Service Provider is obligated to deliver a Product to the User that is free from defects and suitable for use according to its intended purpose.
The Service Provider is not liable for the failure to perform or improper performance of Services if it is due to circumstances beyond the Service Provider's control, for which the Service Provider is not responsible, particularly due to the actions or omissions of telecommunications operators, telecommunications link providers, or electricity suppliers.
The Service Provider is not responsible for the content uploaded, stored, or transmitted to the Service as part of the User's use of the Services.
§ 4. Conclusion of the Service Provision Agreement
The conclusion of a service provision agreement between the Service Provider and the User ("Agreement") cannot occur without accepting these Terms in the Service or from the Mobile Application.
Refusal to accept the Terms results in the non-conclusion of the Agreement. The Service Provider may refuse to provide Services to a given User only in the case of refusal to accept the Terms.
§ 5. Product Purchase
After uploading and verifying a photo in the Service, the User may purchase a Product by following the provided instructions.
All prices for Products listed in the Service are gross prices (including VAT).
The User has the option to choose the method of payment for the Product within a given purchase by activating the relevant options visible in the Service. The User receives information about available payment methods and the deadline for making the payment for the Product. The price of the same Product may vary depending on the chosen payment method.
After selecting a payment method for the purchase of the Product, the User may be redirected outside the Service to make the payment. Payment handling services are provided by third parties under the terms specified in their terms and conditions (hereinafter referred to as "Payment Service Provider").
Upon receiving information from the Payment Service Provider about the User's payment, the purchase of the Product is realized by downloading it to the device used by the User to access the Service.
If the User orders Product Pick-Up, the User accepts and agrees that the Service Provider will use, on behalf of the User, the products and services of third parties, in particular the services provided by the pick-up location. The User accepts that this will entail sharing the User’s data, including the Product, with such third parties.
§ 6. Payment
Users of the Service can choose from available payment options for the Product depending on the sales channel, i.e., directly through the Service or indirectly through Mobile Applications.
For transactions carried out directly in the Service, the following payment methods for the Product are available: credit card, online transfer via PayU, and through Braintree (Credit Cards, PayPal).
For transactions carried out through Mobile Applications, the following payment methods for the Product are available: Braintree (Credit Cards, PayPal).
§ 7. Complaints
Users can submit complaints related to the provision of Services covered by these Terms electronically to the email address: help@photoaid.com.
A complaint should include in its content: the order number and the reason for the complaint.
The Service Provider will consider complaints within 14 days from the date of receipt of the complaint. The Service Provider will inform the User about the refusal to accept the complaint and its reasons by sending a message to the email address provided during the submission of the complaint. If the Service Provider does not respond to the complaint within 14 days from the date of its receipt, it is considered that the complaint has been acknowledged as justified.
In the event of a dispute between the Service Provider and the User regarding the validity of the refusal to accept the complaint, the User has the right to use out-of-court methods of complaint consideration and claim enforcement. The User may opt for mediation or amicable adjudication by submitting to the institution before which the proceedings will be conducted an appropriate form - a request for mediation or a request for the case to be considered by an amicable court. A list of exemplary institutions along with their contact details is available on the website https://www.uokik.gov.pl.
§ 8. Refund of the Product Price
In the event of a refund of the Product price, the refund will be made using the same payment method that was used during the purchase of the Product.
§ 9. Bonus Refund
Any refunds exceeding the amount constituting the price of the Product will be made exclusively through PayPal or to an account held in a Polish bank.
The refund applies only to photos with a specified purpose, e.g., "passport photo," and is possible only upon presenting a credible document confirming the rejection of the photo by the appropriate office.
§ 10. Personal Data
The scope of collection, disclosure, and use of your personal data, along with the rights you are entitled to, has been detailed in the Privacy Policy, available on the Privacy Policy page.
§ 11. Final Provisions
In matters not regulated by these Terms, the relevant provisions of generally applicable law shall apply, in particular, the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means.
The Terms are available on the Service.
The Service Provider reserves the right to change these Terms. All purchases of Products made before the effective date of the new terms are executed based on the terms that were in effect on the date of the Product's purchase by the User. Changes to the terms become effective 14 days after their publication on the Service.
All annexes to these Terms constitute an integral part of these Terms.
