For Buyers
1.1. These Regulations set out the terms and conditions of cooperation between SimplyIn and Merchants, in particular the rules for the use by Merchants of the Simply.In System and the services provided through it.
1.2. The service provider and owner of the System is Simply.In spółka z ograniczoną odpowiedzialnością, based in Łódź, Poland (hereinafter: "Service Provider" or "Simply.In").
1.3. Contact with the Service Provider is made through:
1.3.1. E-mail address: support@simply.in;
1.3.2. At: +48 607 50 90 09;
1.3.3. Address: ul.: Bratysławska 10 m.26; 94-040; Łódź
1.3.4. Contact form available on the Website.
1.4. The Service Provider has designated a point of contact for direct electronic communication for the authorities of the Member States, the European Commission and the Digital Services Council - e-mail address DSAcontact@simply.in.
1.5. Contact with the Service Provider is possible in Polish or English.
1.6. These Terms and Conditions are continuously available at the footer of the Website and in the Application, in a manner that allows its content to be obtained, reproduced and recorded by printing or saving at any time on a durable medium. The Terms and Conditions are also delivered to Merchants at the e-mail address indicated at the time of registration.
1.7. Regulations and Electronic Services are addressed exclusively to Merchants who are entrepreneurs with full legal capacity, in particular, who conduct online sales. By accepting the Regulations, Merchant declares that he has the status of an entrepreneur and full legal capacity, and the Agreement is of a professional nature for him.
2.1. Application - a mobile application under the name Simply.In designed to be installed on the User's mobile device with Android or iOS operating system, through which Merchant can use the services and functionalities of the System.
2.2. Price List — a document that determines the prices of Services, available at https://simply.in/en/pricing. In case the prices of the Services have been agreed between the Merchant and the Service Provider individually, the Price List applicable to a given Merchant is available in its Merchant Panel.
2.3. Merchant Account — the account of a Merchant registered in the System. After registering in the System, Merchant gets access to all functionalities available within the Account.
2.4. Merchant Panel — a panel made available to a registered Merchant in the System, allowing to use the functionality of the Merchant Account.
2.5. Merchant — a natural person, an organizational unit without legal personality or a legal entity that has entered into a cooperation agreement with the Service Provider.
2.6. Simply.In or Service Provider — Simply.In spółka z ograniczoną odpowiedzialnością based in Łódź (94-040), Bratysławska 10/26, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź - Śródmieście in Łódź, XX Division of the National Court Register, under KRS number: 0001031339, REGON: 525060145, NIP: 7272868199, share capital: PLN 150,000.
2.7. Merchant's Representative — a person authorized to formally represent Merchant who accepts on his behalf and for his benefit the terms and conditions of the provision of Services under the Regulations.
2.8. Regulation — these Regulations.
2.9. System — Simply.In software developed, maintained and made available by the Service Provider, which allows the Service Provider to remember the User's data during online shopping on the Merchant's website and to improve such shopping, available through the Website or the Application.
2.10. Website — the website maintained by the Service Provider at https://simply.in/en, through which Merchant can use the services and functionalities of the System.
2.11. Simply.In plugin — an additional module installed on the Merchant's website, enabling the use of the System.
2.12. Agreement — an agreement of cooperation concluded between SimplyIn and Merchant, which Merchant enters into with SimplyIn in connection with its business, the terms of which are set forth in the Terms and Conditions.
2.13. Services — the services specified in the Regulations that SimplyIn provides electronically.
2.14. User — any natural person who uses the System via the Website or the Application.
3.1. Merchant who wishes to enter into the Agreement should:
3.1.1. enter correct Merchant data in the dedicated form, in terms of at least the data marked as mandatory;
3.1.2. read and accept the content of the Terms and Conditions, and then submit the completed form via the "Register" button or an analogous one.
3.2. Immediately after sending the registration form according to the rules described in 3.1 above, the Service Provider creates an individual Merchant's Account in the System, the registration is completed and the Contract is concluded between the Service Provider and the Merchant. From that moment on, Merchant can log in to the Merchant Panel on the main page of the Website by providing an e-mail address and SMS code sent to the phone number provided.
3.3. Merchant's Account may be registered only by a natural person having full legal capacity, and in addition - in the case of legal persons and organizational units, which are not legal persons, to which the law grants legal capacity - having the authorization to incur obligations and acquire rights to the extent of accepting the Regulations. If the Service Provider becomes doubtful about the authority of the person registering the Merchant Account, it may call on the Merchant to submit such authority, suspend the Merchant Account until it receives information or documents confirming the authority or takes other actions to clarify the doubts, and may also delete the Merchant Account.
3.4. The service provider does not provide for the possibility to register a Merchant Account using a pseudonym or anonymously.
3.5. Merchant can have only one Account.
3.6. Change of Merchant's data is possible in the Merchant Panel The Service Provider may require the submission to him of relevant documents substantiating the legitimacy of the data change, including confirming the change of Merchant's registration data or the assignment of rights to obligations under the Agreement
3.7. The Service Provider informs that sharing login data with third parties may result in unauthorized use of Merchant's data. In the event that the aforementioned data is made available to third parties for use under the conditions described in the preceding sentence, the Service Provider will consider any activities performed by such third parties as activities of Merchant, unless the circumstances of a specific activity performed using the aforementioned data, will indicate the unauthorized use of such data by a third party.
4.1. The use of the System is possible provided that the technical requirements of the end device and the ICT system used by Merchant are met. Integration of the System with Merchant's system is possible after downloading the Simply.In Plugin from the provider's website and installing it on Merchant's website. The technical requirements and instructions for installation and integration of the Plugin are available in the Merchant Panel
4.2. All copyrights to the Merchant Account, the System and the Simply.In plug-in constituting a work, with the exception of elements derived from the so-called open source software, belong to the Service Provider. Elements of open source software have been implemented into the System and are distributed within the System in accordance with the license terms governing their exploitation.
4.3. Merchant is obliged to comply with the terms and conditions of use of the Services, as specified in the Terms of Use, including consideration of the license rules for the use of open source software contained in the Services, if specified in the Terms of Use. Merchant acknowledges that failure to comply with the above obligation may result in infringement of author's economic rights and in Merchant being held legally liable for this.
4.4. For the term of the Agreement, Service Provider grants Merchant a territorially unlimited, paid and non-exclusive license to use Merchant's Account, System and Simply.In Plugin in accordance with their intended purpose, without the right to grant any further license. The license entitles Merchant to temporarily reproduce the Merchant Account, the System and the Simply.In Plug-in in their entirety by electronic device and in any form through their display and use, and with respect to the Simply.In Plug-in, also storage, for the purpose of conducting online sales.
4.5. It is prohibited for Merchant to provide or process illegal content using the Service or Application. When using the forms provided on the Site or Application, Merchant is obliged to provide true and correct data. Illegal content shall be understood in particular as content:
4.5.1. violating applicable laws, including by promoting, praising or inciting terrorism, sexual abuse or cruelty to children or adults, organized crime, human trafficking or causing bodily harm;
4.5.2. inciting hatred on the basis of national, ethnic, racial, religious differences or on the basis of irreligiousness;
4.5.3. propagating a fascist or other totalitarian state system;
4.5.4. infringing on the personal or property rights of third parties, including intellectual property rights, or
4.5.5. violating the privacy of third parties.
4.6. In the event that Service Provider receives an order to take action against specific illegal content provided or processed by Merchant using the Site or Application issued by the competent national judicial or administrative authorities, Service Provider will be able to take the actions referred to in 6.4. - 6.5. of the Terms and Conditions. The Service Provider shall inform Merchant of the action taken no later than the time of such action, unless the order requires a different time of notification or prohibits notification.
4.7. As part of the use of the System, Merchant allows people using its website to register in the System as a User.
4.8. The terms and conditions of use of the Website and the Application are set forth in the Simply.In Terms Simply.In Terms and Conditions for Users.
5.1. Merchant is obliged to pay the fees due Simply.In on time. The amounts of the fees are stated in the Price List or elsewhere on the Service and, in the absence of any stipulation to the contrary, are stated at the net rate to which VAT must be added at the rate in effect at the time of the VAT invoice.
5.2. The Service Provider shall be entitled to deduct payments due to Merchant from the Service Provider for registering the User in the System through Merchant's website from payments due to the Service Provider for the provision of Services.
5.3. Merchant authorizes Service Provider to issue and deliver an electronic invoice without Merchant's signature to the email address assigned to the Account. Notwithstanding the preceding sentence, the Service Provider may issue an invoice in paper (traditional) form, especially if there are technical problems with the issuance of electronic invoices.
5.4. Once the legislation on the mandatory use of the National e-Invoicing System comes into effect, the Service Provider will issue invoices using this System. Merchant agrees to receive invoices in this System.
5.5. In the event of a delay in any payment due to the Service Provider under the Agreement, the Service Provider shall have the right to charge default interest at the maximum rate.
5.6. The Service Provider is authorized to contact the Merchant (including to the phone number provided at the time of Account registration) to remind him of overdue payments.
5.7. The Service Provider reserves the right to change the amount of Fees without giving any reason, introduce new and remove existing Services, conduct and cancel promotional actions.
6.1. The contract is concluded for an indefinite period.
6.2. Merchant may, at any time and without giving any reason, suspend or suspend the Merchant Account by making the appropriate selection in the Merchant Panel.
6.3. Merchant may, at any time and without giving any reason, initiate the deletion of Merchant's Account by sending a message to the Service Provider's email address. The deletion of the Account by Merchant shall take place up to 14 days from the date of initiating the deletion of the Account by Merchant, until which time Merchant shall not have access to the Account and no fees shall be charged.
6.4. The service provider may suspend Merchant's Account in the following cases:
6.4.1. Delay in payment of remuneration - until Merchant makes payment,
6.4.2. suspicion of unauthorized access to the Account Merchant - until the grounds for suspicion of unauthorized access to the Account cease,
6.4.3. suspected violation of the law using the Merchant Account,
6.4.4. Merchant's violation of a provision of the Regulations.
6.4.5. determination by the Service Provider that Merchant uses the System in a manner that violates good morals,
6.4.6. determination by the Service Provider that Merchant is using the System in a manner that is inconsistent with the intent, purpose or scope of the System.
6.5. The Service Provider may terminate the Agreement and permanently delete Merchant's Account with immediate effect in case of suspension of the Account lasting 12 months.
6.6. In the cases referred to in sec. 6.4. above, as well as in sec. 6.5. above, the Service Provider shall also or alternatively be entitled to apply restrictions on the visibility of certain information provided by the User or to delete it
6.7. During the period when the Merchant's Account is suspended, the use of the System is limited and the flow of data is stopped. Suspension of Merchant's Account does not result in changes to its settings or deletion of data stored there.
6.8. It is not possible to restore a deleted Merchant Account or for Merchant to recover data stored under a deleted Account. Deletion of Merchant's Account is equivalent to termination of the Agreement.
6.9. The Service Provider shall be entitled to contact Merchant during the period of suspension of Merchant's Account or for a period of 60 days after deletion of the Account, at Merchant's initiative, in order to determine the reasons for suspension or deletion of Merchant's Account, respectively, and also to obtain Merchant's opinion about the System or other Services.
7.1. Any complaints regarding irregularities in the operation of the System, including objections to the operation of the Site or the Application, may be submitted to the Service Provider:
7.1.1. by e-mail to support@simply.in
7.1.2. through the contact form available on the Website.
7.2. Complaints are processed immediately, within no more than 14 calendar days from the date of filing the complaint. The response will be sent through the same information channel by which the complaint was addressed to the Service Provider.
7.3. The service provider may require Merchant to provide additional information in situations where the investigation of the complaint requires it.
8.1. The Service Provider may terminate the service of access to the System at any time, for a valid reason, which is:
8.1.1. change in generally applicable laws directly affecting the operation of the System and resulting in the need to close it;
8.1.2. The economic unviability of the System's operation;
8.1.3. issuance of a ruling or decision by a court or authorized public authority concerning the System and resulting in the necessity of its closure.
8.2. The Service Provider shall notify Merchant of the termination of the System through a message on the Website and Application and an email or SMS message, along with an indication of the date of termination of the System, with the date not falling earlier than 30 (thirty) days from the date of sending the notification.
9.1. The Service Provider processes personal data in accordance with the Privacy Policy and in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) for purposes related to the provision of the Services.
9.2. In order to properly provide the Services, Merchant provides the Service Provider with the personal data entered by the User.
10.1. Shaping, development and maintenance of the System are the exclusive rights of the Service Provider. In particular, the Service Provider is entitled to temporarily limit and remove particular functionalities of the System.
10.2. The service provider is not responsible for:
10.2.1. interruptions in the operation of the System resulting from causes attributable to Merchant and beyond the control of the Service Provider,
10.2.2. interruptions in the operation of the System resulting from causes beyond the control of the Service Provider and constituting force majeure,
10.2.3. technical problems or difficulties due to reasons on the part of Merchant that make it difficult or impossible to use the System,
10.2.4. damages caused by any Merchant as a result of his violation of the rights of third parties;
10.2.5. damages incurred by Merchant in connection with the blocking or deletion of Merchant's Account from the System due to the violation by such Merchant of the provisions of the Terms and Conditions or generally applicable laws.
10.3. The Service Provider shall not be liable for non-performance or improper performance of the Agreement:
10.3.1. To the extent that Merchant contributed to the creation or increase of the damage;
10.3.2. To the extent that the damage was repaired by a third party;
10.3.3. to the extent that the damage was caused by changes in the law or the issuance of a decision or ruling of an authority, institution, court or tribunal;
10.3.4. to the extent that the damage was caused by reasons beyond the Service Provider's control, in particular, the occurrence of force majeure;
10.3.5. to the extent that the damage was caused by the Service Provider's measures to secure the stability of the System's infrastructure.
10.4. The Service Provider is authorized to partially or completely shut down the operation of the System for the purpose of repairing or upgrading the System, and the Service Provider undertakes to minimize the time during which the partial or complete shutdown of the System will occur. In the event of a complete shutdown of the functioning of the System for repair or upgrade, the Service Provider will post a corresponding message on the Site and Application.
11.1. The Service Provider reserves the right to change the Terms and Conditions at any time.
11.2. In the event of changes to the Terms and Conditions, the Service Provider will make available the uniform text of the Terms and Conditions by publishing it on the Website or by sending a message to the Merchant to the e-mail address assigned to the Merchant Account, which the Service Provider and the Merchant consider as introducing information about the change of the Terms and Conditions into the electronic communication medium in such a way that the Merchant can get acquainted with its content. Amendments to the Terms and Conditions shall enter into force within 14 days from the date on which the consolidated text of the amended Terms and Conditions is made available to the Merchant. If the Merchant objects to the proposed changes, the Merchant should delete the Merchant Account by the effective date of the changes. Merchant's lack of opposition to the changes is tantamount to their acceptance.
12.1. The regulations come into force on December 1, 2023.
12.2. In matters not covered by the Regulations, the relevant provisions of law will apply.
12.3. The court having jurisdiction over disputes between the Service Provider and Merchant arising out of or in connection with the Contract shall be the court having jurisdiction over the Service Provider.
12.4. Without prejudice to the other provisions of the Terms and Conditions, Merchant may transfer the rights and obligations under the Contract to a third party without the prior consent of the Service Provider. The Service Provider may transfer the rights or obligations under the Contract to a third party without Merchant's prior consent.
