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  1. §1 [General provisions]

    1. These regulations define the rules for adding opinions on products placed on online store and their verification by the company running the above mentioned store, under the name of Asports Spółka z ograniczoną odpowiedzialnością in Cracow, with an address at ul. Józefa Marcika 4, 30-443 Kraków, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście, XI Economic Department of the National Court Register under number 0000769031, with Tax Identification Number 6793179906 (hereinafter referred to as: Regulations and Service Provider, respectively).

    2. By giving an opinion on the store's website, its user (hereinafter: User) accepts the provisions of the Regulations.

  2. §2 [Rules for adding opinions]

    1. Posting an opinion on a given product should be done after its purchase in the online store

    2. In order to add an opinion under a particular product, the User is required to provide his/her real data (name, e-mail address). The above data may be used to verify the veracity of the statements.

    3. The Service Provider is entitled to verify the opinion posted by the User at any time.

    4. The User is obliged to post an opinion that does not violate applicable laws and the rights of third parties.

    5. It is prohibited to post:

      1. opinion not preceded by the purchase of goods, referred to in paragraph 1 above;

      2. opinions or inquiries containing illegal content within the meaning of Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the Digital Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), i.e. content that, in itself or by reference to an action, including the sale of products or the provision of services, is not in compliance with Union law or with the law of any Member State that is in compliance with Union law, regardless of the specific subject matter or nature of that law (hereinafter: Illegal Content);

      3. opinions or inquiries that violate good morals and generally applicable laws, in particular the Act on Combating Unfair Competition of April 16, 1993;

      4. opinions or inquiries violating the rights of the Service Provider, as well as the rights of third parties;

      5. opinions or inquiries by paid or unreal users (so-called "bots"), issued solely for the purpose of manipulating the rating of a particular product;

      6. opinions that do not relate to the reviewed product or does not contain substantive content.

    6. The Service Provider reserves the right to remove, respectively, opinions or inquiries in cases referred to in paragraphs (4) and (5) above.

    7. The content of Users' opinions or inquiries may, if necessary, be made available to entities authorized to receive them under applicable law, including the appropriate law enforcement authorities or the judiciary.

  3. §3 [Principles of verification of opinions]

    1. The Service Provider shall have the right to moderate opinions or inquiries. By moderation is meant the actions, whether automated or not, taken by the Service Provider, the purpose of which is, in particular, to detect, identify and combat Illegal content or information inconsistent with the terms of use of its services provided by Users, including measures implemented that affect the availability, visibility and reachability of such Illegal content or information, such as depositing such content or information, preventing access to it or removing it, or that affect the ability of Users to provide such information, such as closing or suspending their account.

    2. The Service Provider shall make every effort to ensure that opinions come from Users who have actually used or purchased a product in the online store.

    3. The Service Provider shall post all opinions, both positive and negative, excluding those that violate the Regulations or generally applicable laws.

    4. The overall rating of Users for a product is an arithmetic average calculated on the basis of individual ratings of Users.

    5. An opinion issued by a User who has previously made a purchase in the online store is marked as a verified opinion/confirmed purchase.

    6. Verification of whether an opinion is posted by a person who has made a purchase in the online store is based on the User's data - his/her account within the Service Provider's online store and/or email address.

    7. The Service Provider uses protection against bots (CAPTCHA), aimed at eliminating opinions added in an automated manner.

  4. §4 [Mechanisms for reporting and action]

    1. The Service Provider has implemented a mechanism that allows any person or any entity to report to them the presence in their service of certain information that the person or entity considers to be Illegal Content. Reports should be sent to the email address Information about the possibility of reporting is available on the website of the online store with a link to the full text of the Regulations.

    2. The notification referred to above should contain all of the following:

      1. a sufficiently substantiated explanation of the reasons why the person or entity alleges that certain information constitutes Illegal Content;

      2. a clear indication of the exact electronic location of the information, such as the exact URL(s), and, if applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of Service Provider's service;

      3. the name and surname or name and email address of the person or entity making the report, with the exception of a report on information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU;

      4. a statement confirming the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.

    3. If the notification contains electronic contact details of the person or entity that made the notification, the Service Provider shall without undue delay send such person or such entity an acknowledgement of receipt of the notification. In addition, the Service Provider shall also notify such person or such entity without undue delay of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.

    4. The Service Provider shall provide all involved Users with a clear and specific justification with respect to the following restrictions imposed due to the fact that the information submitted by the User constitutes Illegal Content or is inconsistent with the Service Provider's terms of service:

      1. restrictions on the visibility of certain information provided by the Service Provider, including removal of content, preventing access to content, or deposition of content;

      2. suspension, termination or other restriction of cash payments;

      3. suspension or termination of service in whole or in part;

      4. suspension or termination of the User's account.

    5. Paragraph (4) above shall apply only if the Service Provider knows the relevant electronic contact information. The paragraph referred to above shall apply no later than from the date of imposition of the restriction, regardless of the reason and manner of its imposition.

    6. Paragraph (4) above shall not apply if the information is misleading commercial content of a large volume.

    7. The justification referred to in paragraph (4) above shall include at least the following:

      1. an indication of whether the decision includes deletion of the information, prevention of access to the information, deposition or restriction of the visibility of the information, or suspension or termination of cash payments relating to such information, or imposes other measures referred to in paragraph (4) with respect to the information, and where applicable, the territorial scope of the decision and its duration;

      2. the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a notification made in accordance with paragraph (1) above or on the basis of voluntary verification activities conducted on one's own initiative, and where absolutely necessary, the identity of the notifier;

      3. where applicable, information on the use of automated means in making the decision, including information on whether the decision was made with respect to content detected or identified by automated means;

      4. if the decision relates to potentially Illegal content, an indication of the legal basis on which the decision is based and an explanation of why the information is considered Illegal content on that basis;

      5. if the decision is based on the alleged incompatibility of the information with the Service Provider's terms of service, an indication of the contractual basis on which the decision is based, and an explanation of the reasons why the information is considered incompatible with that basis;

      6. clear and user-friendly information on the options available for appealing the decision.

  5. §5 [Liability]
    The Service Provider shall not be liable for the content posted by Users on the online store, provided that the Service Provider:

    1. has no actual knowledge of illegal activity or Illegal Content, and with respect to claims for damages, no knowledge of facts or circumstances that clearly demonstrate illegal activity or Illegal Content; or

    2. promptly take appropriate action to remove or prevent access to the Illegal Content when it obtains such knowledge or knowledge.

  6. §6 Final provisions

    1. The Service Provider reserves the right to contact the User who posted an opinion on the online store at the e-mail address left.

    2. The Service Provider reserves the right to make changes to the Regulations. All changes shall become effective upon their publication on the store's website.

    3. In matters not covered by these Regulations, the provisions of the regulations of the online store shall apply.