ONLINE STORE REGULATIONS (TERMS OF USE)

General Provisions

1. The entity operating the online store through the Internet, operating at www.noiseharmony.com, is Majesty Michał Więckowski, located in Warsaw 00-132 at Grzybowska Street 5/1414, VAT ID: PL5272600432, REGON: 527042157.

2. These Regulations define the conditions for concluding Product Sales Agreements and the procedure for complaints and conditions for withdrawal from Sales agreements, as well as the types and scope of services provided electronically by the online store operating at www.noiseharmony.com, the rules for providing these services, conditions for concluding and terminating agreements for the provision of services electronically.

3. Using the online store www.noiseharmony.com means accepting these regulations.

4. In matters not regulated in these Regulations, the following Polish Law Regulations shall apply:

   
   

• Act on providing services by electronic means of July 18, 2002, (ustawa o świadczeniu usług drogą elektroniczną z dnia 18 lipca 2002 r.,)

• Act on consumer rights of May 30, 2014, (ustawa o prawach konsumenta z dnia 30 maja 2014 r.,)

• Act on out-of-court resolution of consumer disputes of September 23, 2016, (ustawa o pozasądowym rozwiązywaniu sporów konsumenckich z dnia 23 września 2016 r.,)

• Act on combating unfair market practices of August 23, 2007, (ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym z dnia 23 sierpnia 2007 r.,)

• Civil Code Act of April 23, 1964. (ustawa Kodeks cywilny z dnia 23 kwietnia 1964 r.)

Definitions

ONLINE STORE - an internet platform enabling the purchase of digital products.

DIGITAL PRODUCTS - goods or services provided in electronic form, such as download files, license keys, digital content, etc.

ORDER FORM – a form available on the website www.noiseharmony.com that allows placing an Order.

CLIENT – Service Recipient, who intends to enter into or has entered into a Sales Agreement with the Seller.

CONSUMER – a person who performs a legal action with an entrepreneur not directly related to their business or professional activity.

ENTREPRENEUR - a person, a legal person, and an organizational unit not being a legal person, to which the law grants legal capacity, conducting business or professional activity on their own behalf.

PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Client and the Seller.

REGULATIONS - these store regulations.

STORE - Online store of the Service Provider operating at www.noiseharmony.com

SELLER/SERVICE PROVIDER – Majesty Michał Więckowski, located in Warsaw 00-132 at Grzybowska Street 5/1414, VAT ID: PL5272600432, REGON: 527042157.

SALES AGREEMENT – Product Sales Agreement concluded between the Client and the Seller through the Store.

ORDER - a declaration of will of the Client constituting an offer to conclude a Product Sales Agreement with the Seller.

PRICE – the value expressed in monetary units that the Client is obliged to pay to the Seller for the Product.

Orders

1. Orders can be placed through the online store platform at www.noiseharmony.com.

2. Information found on the online store website does not constitute an offer within the meaning of the provisions of applicable law. By placing an Order, the Customer submits an offer to the Service Provider to purchase a specific Product under the conditions described in the Product description in the Online Store.

3. The Order constitutes an offer to purchase digital products in accordance with the conditions specified in the store.

4. The store reserves the right to refuse order execution if unable to deliver the digital product or in cases of suspected abuse.

5. A condition for placing an Order in the Store by the Customer is reading the Regulations and accepting its terms at the time of placing the Order.

Conclusion of the Sales Agreement

1. The sales agreement is concluded at the moment the Customer places an Order via Stripe (clicking the "Place Order & Pay" button or another of similar meaning), unless the Product description in the Online Store states otherwise. If at the explicit request of the Customer the provision of the service is to begin before the expiry of the withdrawal period from the Sales Agreement, the Service Provider requires the Customer to submit a statement:
   

   • containing such an explicit request

   • that he has been informed of the loss of the right to withdraw from the Sales Agreement from the moment it is fully performed by the Service Provider
     

2. To conclude a Sales Agreement, it is necessary for the Customer to previously place an Order in a manner provided by the Seller.

3. After placing an Order, the Seller immediately confirms its receipt.

4. Products are free from physical and legal defects. Information concerning functionality or significant compatibility and interoperability of Products being goods with digital elements, digital content, or digital services are included in the offer of the given Product in the online store.

5. Confirmation of Order acceptance binds the Customer with their Order. Confirmation of receiving the Order is done by sending an email message.

6. The Order receipt confirmation includes:

   - confirmation of all essential elements of the Order,

   - These Regulations including instructions on the right to withdraw from the agreement.
   

7. Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.

   
   

VAT Invoice

1. If you are purchasing for a company, please contact us at office (at) noiseharmony.com, providing your tax identification number. The provided VAT ID will appear on the invoice, so make sure it is correct. Also check the Invoice tab at the bottom on the website.

Prices and Payments

1. Prices of digital products are gross prices, quoted in currencies PLN, EUR, USD, AUD and GBP include VAT in accordance with applicable law.

2. After payment is accounted for, the digital product will be delivered to the email address provided by the customer.

3. The store has the right to:
   

   • Modify the prices of products available in the Store,

   • Add new products to the Store's assortment,

   • Conduct and cancel promotional campaigns on the Store's pages,

   
   

4. Changes in product prices and promotional campaigns do not affect the prices of products in orders placed before the price change or promotional campaigns. The price listed next to each product is binding at the moment of placing the order.

5. In case of payment through an electronic payment system, the Customer makes the payment before the Order is executed. The electronic payment system enables payments via credit card or PayPal.

6. The service will be performed only after it has been paid for.

Digital Products Delivery

1. Delivery of digital products is carried out electronically, usually in the form of a download file sent to the customer's email address.

2. The store is not responsible for problems related to the delivery of products resulting from an incorrectly provided email address by the customer.

3. The store is not responsible for the lack of compatibility of the product with the customer's software.

Complaints and Refunds

1. Due to the specificity of the digital products we offer, the complaint process is subject exclusively to the following conditions:
   

   - In case of finding a defect in the product or inconsistency with the description, the Customer has the right to file a complaint within 14 days from the date of purchase.

   - Complaints should be reported via contact through the email address: office (at) noiseharmony.com. The message should include a detailed description of the complaint and the order number.

   - In case of a justified complaint, the Customer has the right to receive a new product or a refund, depending on their preference.

   
   

2. The decision to accept the complaint and its consideration depends solely on the Seller. All decisions made by the Seller are final and indisputable.

3. The Seller reserves the right to refuse to consider a complaint in case of finding a violation of the complaint conditions by the Customer.

4. Full information regarding complaints and the complaint procedure is available on our website (www.noiseharmony.com/refund-policy).

5. This chapter of the regulations constitutes an integral part of the agreement between the Customer and the Seller and is subject to the laws applicable in the territory of Poland.

6. In case of disputes arising from complaints, the parties undertake to resolve them through negotiations. In the absence of an agreement, disputes will be settled by competent courts.

7. These regulations come into effect on 26.03.2024 and are valid from that date.

Right to Withdraw from the Agreement

1. Subject to point 7 below, the Customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the day of concluding the Sales Agreement in accordance with Article 27 and following of the Consumer Rights Act.

2. To exercise the right to withdraw from the Sales Agreement, the Customer must inform the Service Provider of their decision.

3. To withdraw from the Sales Agreement, the Customer may use the model withdrawal form, which is an annex to the Regulations.

4. To meet the deadline for withdrawing from the agreement, it is enough for the Customer to send an email to office (at) noiseharmony.com within 14 days from concluding the Sales Agreement.

5. The Service Provider will refund all payments received from the Customer immediately, but not later than 14 days from the day on which the Service Provider was informed about the withdrawal from the Sales Agreement, unless the Customer exercises the right to withdraw from the Sales Agreement after making a request mentioned in point 1 regarding the Conclusion of the Sales Agreement above - in this case, the Customer is obliged to pay for the services performed until the withdrawal from the Sales Agreement.

6. The Service Provider will make the refund using the same means of payment as used by the Customer for the original transaction, unless the Customer has agreed to a different solution.

7. The right to withdraw from a distance contract does not apply to the Customer in relation to contracts:

   - providing digital content not supplied on a tangible medium, for which the Customer is obliged to pay a price, if the performance has begun with the Customer's explicit prior consent, and the Customer has been informed before the beginning of the performance that upon the completion of the performance by the Service Provider, they will lose the right to withdraw from the contract, and has acknowledged this, and the Service Provider has provided the Customer with confirmation

   
   

8. The right to withdraw from the Sales Agreement is available to both the Service Provider and the Customer.

9. An entrepreneur with consumer rights is covered by the protection provided by the relevant legal provisions, provided that the Sales Agreement or agreements on the provision of Electronic Services that they conclude with the Service Provider do not have a professional character.

10. A person conducting a business activity is protected only in the scope of:
    

    - prohibited contractual provisions — so-called abusive clauses,

    - liability for physical and legal defects of the Product,

    - the right to withdraw from a distance contract.
    

11. The entrepreneur mentioned in point 9 above loses the rights from consumer protection in the case where the Sales Agreement they have concluded with the Service Provider has a professional character, which particularly arises from the object of the business activity conducted by this entrepreneur, made available based on the provisions about the Central Registration and Information on Business Activity.

Personal Data And Cookies

1. The administrator of personal data of Clients collected via the Online Store is Majesty Michał Więckowski, located in Warsaw at Grzybowska Street 5/1414, 00-132 Warsaw, VAT ID: PL5272600432, REGON: 527042157.

2. The personal data of Clients collected by the administrator through the Store is collected in order to execute the Sales Agreement, and if the Client consents - also for marketing purposes.

3. Recipients of the Store Clients' personal data may include:

   - In the case of a Client who uses electronic payments or a payment card in the Store, the Administrator provides the collected personal data of the Client to the selected entity handling the above payments in the Online Store.
   

4. The Client has the right to access their data, change it, and the right to delete it.

5. Providing personal data is voluntary, however, failure to provide the personal data required in the Regulations for concluding a Sales Agreement results in the inability to conclude this agreement.

6. More information regarding Personal Data Protection can be found in the Privacy Policy section.

Type And Range Of Electronic Services

1. The Service Provider enables the use of Electronic Services through the Online Store such as:
   

   - concluding a Product Sales Agreement,

   - sending messages via the Contact Form,

   - newsletter.
   

2. The provision of Electronic Services to Service Recipients in the Store is done under the terms defined in the Regulations.

3. The Service Provider has the right to post advertising content on the website of the Store. These contents are an integral part of the Store and the materials presented in it.

Conditions for Providing and Concluding Agreements for Electronic Services

1. The provision of the Electronic Service under the Regulations by the Service Provider is free of charge.

2. The agreement for the provision of Electronic Services enabling the placement of an Order in the Store is concluded for a specified period and is terminated at the moment of placing an Order or when the Service Recipient ceases to place orders.

3. Technical requirements necessary for cooperation with the teleinformation system used by the Service Provider:
   

   - a computer (or mobile device) with Internet access,

   - access to email,

   - an internet browser,

   - enabling Cookies and Javascript in the web browser.
   

4. The Client is obliged to use the Store in a manner consistent with the law and good manners, taking into account the respect for personal rights and intellectual property rights of third parties.

5. The Service Recipient is obliged to enter data consistent with the factual state.

6. The Service Recipient is prohibited from providing content of an unlawful nature.

Complaints Related to the Provision of Electronic Services

1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via email to: office (at) noiseharmony.com.

2. In the aforementioned email, it is necessary to provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.

3. The consideration of the complaint by the Service Provider takes place no later than within 14 days from the moment of receiving the notification.

4. The Service Provider's response regarding the complaint is sent to the Client's email address provided in the complaint notification.

Intellectual Property

1. All content published in the Online Store is protected by copyright and is the property of the Service Provider.

2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content and content of the Online Store constitutes a violation of the copyright held by the Service Provider and results in civil and criminal liability.

3. Products purchased by the Client in the Store are the intellectual property of the Service Provider and may not be further made available or resold to third parties without the Seller's consent.

4. Products purchased by the Client in the Store, limited to presets, audio samples, and MIDI files, can be used by the Customer in their music and projects 100% royalty-free. The Client is entitled to use these digital assets without owing any royalties to the Service Provider for the commercial or non-commercial exploitation of their final music production in any medium.

   
   

Website Disclaimer

While we make every effort to ensure the website is available at all times, Noise Harmony takes no responsibility for, and will not be liable for, the website being temporarily unavailable.

Final Provisions

1. These regulations may be changed by the store, in compliance with applicable law and by informing customers about the changes.

2. Any disputes arising from these regulations will be considered by the competent courts according to the applicable law.

3. Contact with the store is possible via the details provided on the website www.noiseharmony.com.

4. Agreements made through the Store are concluded in accordance with Polish law.

5. In the event of any part of the Regulations being inconsistent with applicable law, the appropriate provisions of Polish law shall apply in place of the questioned regulation.

6. All disputes arising from Sales Agreements between the Store and Consumers will be resolved in the first instance through negotiation, with the intention of amicably ending the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if that would not be possible or satisfactory for any of the parties, disputes will be resolved by the competent common court.

7. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the courts appropriate according to the provisions of the Code of Civil Procedure of November 17, 1964.

8. The Client being a Consumer also has the right to use out-of-court means of dealing with complaints and redress, in particular by filing a request for mediation or a request for examination of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims pursuit after the complaint process is free of charge.

9. For the amicable resolution of disputes, the Consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.

NOISE HARMONY NEWSLETTER

Newsletter Subscription

1. By subscribing to the Noise Harmony newsletter, the User agrees to receive regular commercial, marketing, and promotional information regarding products and services offered by the Store.

2. Subscription to the newsletter is done by providing an email address in the appropriate form available on the website of the Store or during the purchasing process.

3. The User has the right to unsubscribe from the newsletter at any time, using the deactivation link available in every newsletter message sent.

Personal Data Protection

1. Noise Harmony ensures the protection of Users' personal data in accordance with applicable law and the privacy policy available on the website.

2. Personal data of Users, such as email addresses, are not shared with third parties or used for purposes other than the distribution of the Noise Harmony newsletter.

3. More information regarding Personal Data Protection can be found in the Privacy Policy section.

Newsletter Content

1. The Noise Harmony newsletter contains information about new products, promotions, events, and other important information related to the company's activities.

2. The content sent in the newsletter is purely informational and promotional.

   
   

Changes in the Newsletter Policy

1. Noise Harmony reserves the right to change the newsletter policy at any time, in compliance with applicable laws and by informing Users of any significant changes.

2. Changes to the newsletter policy become effective upon their publication on the Noise Harmony website.

Contact

1. Any questions regarding the Noise Harmony newsletter can be directed to the email address: office (at) noiseharmony.com.

Subscription Termination

1. The User has the right to unsubscribe from the Noise Harmony newsletter at any time, using the deactivation option available in every newsletter message sent.

LAST UPDATE: 05.04.2024