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Terms of use RefSpace

  1. General Provisions

    1. Definitions used in the Terms of Use shall be understood as given below:
      1. RefSpace Ltd - RefSpace Ltd with its registered office in London at 85 Great Portland Street, W1W 7LT, United Kingdom, Company No 14127969;
      2. RefSpace - the trading platform operated under this name, available on the RefSpace mobile app and on the refspace.com domain, operated by RefSpace Ltd.
      3. User - a person who has gained access to the services provided by RefSpace, under the terms of the Terms of Use and who may act as a Seller or Buyer;
      4. Seller - an individual or entrepreneur who offers Goods for sale within RefSpace. The Seller is bound by the rules set forth in the Seller's Terms and Conditions.
      5. Buyer - a natural person, including a consumer, a legal entity or an organizational unit without a legal entity, who, acting within RefSpace, accepted an offer to sell Goods or took other actions aimed at purchasing Goods and/or RefCash;
      6. Creator - a user of the application, an individual or legal entity that provides services to promote Seller's Merchandise on and off the RefSpace platform;
      7. Account - a collection of resources maintained for the User by RefSpace Ltd, in which the User's data and information about the User's activities within RefSpace are collected, allowing access to RefSpace functionality;
      8. Goods - a tangible or intangible thing or service, which is the subject of contracts concluded using RefSpace;
      9. RefCash - is a digital product created by the Creator. The Buyer may or may not additionally purchase RefCash from the Creator on a one-time basis when paying for goods. When purchasing RefCash, the Buyer receives electronically the RefCash certificate produced by the Creator and a personalized thank you from the Creator. At the same time, this act of purchase is the Buyer's thanks for the Creator's activity.
      10. Stripe - an intermediary, external to RefSpace, for bank transfer or credit card payments;
      11. Terms of Use - these Terms of Use outlining the rules of use and operation of the RefSpace service.
    2. The Terms of Use set out the terms and conditions for the use of the RefSpace service, including the rules for registration, transactions, payment issues, and return and complaint procedures.
    3. In addition, the Terms of Use indicate the rules for accessing and using the resources of RefSpace. Every person using RefSpace is obliged to read these Terms of Use.
    4. Sellers within RefSpace may be non-business individuals or entrepreneurs (regardless of organizational and legal form) who have entered into a cooperation agreement with RefSpace Ltd, which allows them to offer Goods to Users through the RefSpace service.
    5. Creators within RefSpace may be individuals or entrepreneurs who have entered into a cooperation agreement with RefSpace Ltd that allows them to offer the service of promoting Sellers' Goods through the RefSpace service.
    6. As part of the RefSpace service, Users can:
      1. get acquainted with publicly available profiles of Creators, containing information about Creators (including their shared profile data) and a list of Sellers' Goods that are promoted by a given Creator.
      2. place online orders for Goods with Sellers and conclude distance contracts with Sellers for the sale of Goods;
      3. Buy RefCash from specific Creators;
      4. make payments regarding the ordered products through Stripe, the payment processor;
    7. In order to use the RefSpace service and place orders, it is necessary for the User to have an active electronic mail (e-mail) account. Other technical requirements for the use of the RefSpace service, rules for setting up and deleting an account and managing an account are specified in these Terms of Use.

  2. Registration and terms of use in RefSpace

    1. RefSpace may be used by natural persons who are at least 18 (eighteen) years of age and have full legal capacity. Users of RefSpace are also legal persons and organizational units without legal personality, but able to acquire rights and incur obligations on their own behalf.
    2. In order to use the RefSpace service, the user should first download the RefSpace application and complete the registration by filling out the electronic registration form available at Respace, including providing his/her e-mail address and password. A message will be sent to the email address provided with information on how to complete the registration. Upon completion of the registration, the Account Agreement between the User and RefSpace is concluded.
    3. The user, using the relevant form available on the RefSpace website, can obtain Seller status or Creator status after providing the required data, passing the verification by the payment operator and accepting the relevant Terms of Use.
    4. Upon completion of registration as a Vendor, a contract is formed between the registrant and RefSpace Ltd, the subject of which is the services provided by RefSpace Ltd under RefSpace, under the terms and conditions set forth in the applicable contract.
    5. A User may be granted the status of Creator as long as an appropriate agreement is made between RefSpace and the User in the role of Creator.
    6. One person can be a User, Creator and Seller at the same time, however, one Account cannot act as Creator and Seller at the same time. Otherwise, another email address must be used to create another Account to activate another role.
    7. Each newly activated role must be verified by the Stripe payment operator to take full advantage of the opportunities RefSpace offers.
    8. The user is obliged to provide the required and true data and make truthful statements.
    9. The User acknowledges that under certain circumstances RefSpace may change the name/login of the User for his/her Account (for example, when another person claims rights to it due to the given login on other social media platforms, among others, Facebook, Instagram, Youtube, TikTok, Twitter and LinkedIn, or when the name turns out to be unrelated to the name the User uses on a daily basis). RefSpace, after verification, undertakes to notify the User in advance of the need to change the name.
    10. All actions taken by the User within RefSpace should be in accordance with good morals and applicable laws, including those concerning the protection of consumer rights. The User may not take actions that negatively affect the security of RefSpace's operation or harm Users.
    11. The User may not use the Account to perform activities in violation of the Terms and Conditions. Actions aimed at circumventing the Terms of Use will be contrary to the Terms of Use.
    12. It is unlawful to use the Accounts of other Users. The Account may be used only by persons authorized to do so by the User (e.g. authorized employees of the Seller or the Buyer).
    13. The accounts are non-transferable.
    14. In a situation where a User's Account or activity within RefSpace requires additional verification of data, and in the event that RefSpace becomes reasonably concerned about the security of the Account or transaction, concerning in particular the unauthorized takeover of the Account by another person, RefSpace may:
      1. demand that the User confirm his credibility, including identity, with appropriate documents,
      2. temporarily restrict access to particular services,
      3. suspend the User Account for a specified or indefinite period of time.
    15. Upon termination of the aforementioned circumstances, RefSpace will lift the subject restrictions applied to the User.

  3. RefSpace mobile application

    1. The RefSpace mobile application is available for free download to a mobile device from the Google Play store (for deviceś running Android) as well aṡ from the App Store (for deviceś running iOS).
    2. The mobile application requires a mobile device (smartphone, tablet) with Internet access and equipped with iOS or Android operating system to function properly.
    3. Using̨ the mobile application, the User may access his/her Account within RefSpace, placé orders for Goods issued by the Seller and purchase RefCash from Creators and maké payments for them, get́ acquainted̨ with the information made available in the mobile application and usé other functionalities available in the mobile application.
    4. Updates may̨ be issued periodically to the mobile application. Installation of such updates is required to ensure proper operation of RefSpace.
    5. The User may remové (uninstalĺ) the mobile application from his/her mobile device at any time. However, deletion of the mobile application does not mean deletion of the User's RefSpace Account.
  4. Information about the products and the terms and conditions of orders
    1. Each Merchandise available at RefSpace has a product card, which includes: a description of the Merchandise including details covering the characteristic features of the Merchandise; availability of the Merchandise and terms of delivery of the Merchandise, the price offered and terms of payment.
    2. Prices of products available from individual Sellers:
      1. include VAT (if applicable) and are quoted in Polish zloty or in other currency specified by the Seller;
      2. do not include delivery costs.
    3. The Buyer may place orders within RefSpace for Goods available in the Sellers' assortment 7 (seven) days a week and 24 (twenty-four) hours a day, subject to prohibitions or restrictions on trade arising from mandatory laws.
    4. The purchase of RefCash from the Creator is voluntary and is possible from the shopping cart.
    5. When making a purchase, it is required to select the RefCash purchase value i.e. 0 PLN, 10 PLN and 20 PLN.
    6. To place an order, please:
      1. Log in to the RefSpace mobile app;
      2. select the Goods that are the subject of the order, and then click the "Buy " button (or equivalent);
      3. choose the method of delivery (method of delivery of the product) and the method of payment;
      4. select RefCash value;
      5. enter the details of the recipient of the order and the address to which the product is to be delivered, as well as provide a telephone number for contacting the recipient for pickup;
      6. Click the "Go to payment" button;
      7. pay for the order in one of the available payment methods.
    7. RefSpace Ltd is not a party to contracts for the sale of Goods, concluded through the RefSpace service. The parties to such contracts are exclusively the Buyer and the Seller.
    8. In the case of RefCash purchases, the parties to the contracts are the Buyer and the Creator.
    9. RefSpace does not guarantee that the Seller, Creators and Buyer are entitled to enter into and perform the contract.
    10. The buyer enters into a contract with the Seller and the Creator, confirming the purchase with the "Go to payment" button.
    11. Once an order has been placed, a confirmation of the Seller's receipt of the order placed by the Buyer will automatically be sent to the Buyer's e-mail address indicated in the Buyer's Account.
    12. In case of RefCash purchase of more than 0 PLN, the Buyer will receive on his/her e-mail address a thank-you note and a certificate given by the Creator.
    13. As part of the ordering process, the Buyer may place Goods from only one Seller and Creator in the shopping cart.
    14. Available delivery methods offered by the Seller and their cost are presented in the shopping cart after placing the selected Goods.
    15. The Buyer is required to provide a current and accurate address to which the order item is to be delivered (in the case of an order with shipping). RefSpace informs that if the Buyer provides an incorrect or inaccurate address, the Seller shall not be liable for non-delivery or delay in delivery of the order item if the Seller and the delivery agent exercised due diligence in delivering the order item.
    16. The Seller is responsible for the execution of shipping and delivery of the Goods.
    17. The Seller has 14 days to deliver the Goods to the Buyer. RefSpace reserves the right to issue a request for a document confirming the shipment (e.g. a shipping card confirmed for acceptance by the supplier).
    18. An order may be canceled by the Seller if the Buyer fails to make payment in full of the order price within 3 working days from the date of receipt by the Buyer of confirmation of acceptance of the order for processing. Cancellation of the order means that the Seller is released from the obligation to fulfill the order. If the Buyer makes a partial payment for the order, the funds paid by the Buyer are refunded.
    19. In a situation in which the Buyer will have objections to the Seller or his offers of Goods or performance of the contract or delivery, he must address directly to the Seller, based on the contact information provided in the first e-mail confirming the purchase from the Seller in question. The Seller is obliged to provide a comprehensive response within 24 hours of the Buyer's allegations being addressed to him.

  5. Offer. Seller's rights and obligations.

    1. The Seller must ensure that the Goods he sells are not included in the List of Prohibited Products and Services, attached as Appendix 1 to the Terms of Use. The Seller must own the Goods he displays or have the right to sell, exchange or transfer them.
    2. The content of the offer must not mislead other Users as to its condition, origin, brand, quality or manufacturer.
    3. The content of the offer must meet the requirements of the law, as well as not violate the personal rights of third parties and good morals. The user takes full responsibility for the offers published by him, their errors or inaccuracies.
    4. The sale of Goods must not infringe on the rights of third parties, must comply with intellectual property rights, and must not violate any local, national or international laws or regulations.
    5. The Seller is obliged to deliver to the Buyer the Goods or Goods, which were purchased by the Buyer on RefSpace, within 14 days for domestic shipment or within 30 days for foreign shipment. The Seller should use leading courier and postal services - companies that are verifiable through ICT means and allow tracking of the shipment. RefSpace does not provide for personal collection of the Goods.
    6. A warranty is an obligation of the guarantor to the buyer to replace, repair or accept an item (and refund money) that does not meet the characteristics specified in the warranty document. The provision of a guarantee consists of a statement to that effect in the guarantee document or offer description.
    7. It is the guarantor who decides whether he will give the Buyers a warranty on his Goods. He also decides what its content and scope will be, for example: what will be the number of repairs, the conditions under which the item can be replaced with a new one, whether service addresses will be given. The warranty document should be drawn up in Polish.
    8. Gwarantem Towaru może być producent, importer lub Sprzedający.
    9. The guarantor of the Goods may be the manufacturer, importer or Seller.
    10. The guarantor is not RefSpace.
    11. The Seller may conduct promotional actions within the RefSpace service. The rules of the promotion are defined by separate Promotion Regulations.
    12. The seller may, on a voluntary basis, join promotional actions, organized by RefSpace.
    13. Promotions include, among others, sales, promotions for a specific product category.
    14. In the event of a conflict between the provisions of the Promotion Regulations and these Terms of Use, the provisions of the Promotion Regulations will take precedence.

  6. Rights and obligations of the Creator

    1. The rights and obligations of the Creator, including those relating to copyright, are covered by a separate agreement between the Creator and RefSpace.
    2. A user with an active Creator profile, publishing a Certificate file in his profile, agrees to comply with the following rules:
      1. The Certificate file must not contain words or expressions commonly considered offensive, vulgar, discriminatory, or that would promote violence.
      2. The Certificate file must not contain pornographic content, including, in particular, images, illustrations or text that could be considered obscene or inappropriate.
      3. The Certificate file must not promote illegal activities or encourage hatred, discrimination or any form of violence against individuals or groups on the basis of their race, gender, religion, sexual orientation, age or disability.
      4. The Certificate file may not contain copyrighted content unless the User has the appropriate license or permission from the copyright owner to publish it.
    3. In the event of a violation of any of the points VI.2.a-d, the administration of the site has the right to immediately remove the Certificate file, without prior notice to the user, and take any appropriate legal action against the user who violates these regulations.
    4. In the event that third-party claims arise against the Service related to the User's violation of the rules described in VI.2.a-d, the User shall bear all liability for such claims, including payment of all costs, damages and expenses that the Service might incur in connection with such claims.

  7. Forms and execution of payments

    1. At RefSpace, the leading payment option for an order is payment in advance (before receiving the order item) via Stripe, the payment processor platform.
    2. Considering that the Seller is a party to the contract of sale of the Goods concluded with the Buyer through RefSpace, the Seller is obliged to document the sale of the Goods in accordance with applicable tax law, including, if applicable, issuing and delivering to the Buyer an invoice or, if applicable, a fiscal receipt documenting the sale. A Buyer who is a VAT payer by placing an order for Goods through RefSpace accepts to receive an electronic invoice from the Seller who is a VAT payer.

  8. The right to withdraw from the contract concluded at a distance with the Seller/Creator

    1. The Buyer may, without giving any reason, withdraw from the contract of sale, concluded with the Seller, of Goods purchased remotely through RefSpace within 14 days.
    2. The declaration of withdrawal from the contract must be submitted directly to the Seller within 14 (fourteen) days, with the time limit running from taking possession of the item by the Buyer or a third party (other than the carrier) designated by the Buyer.
    3. The buyer may, without giving any reason, withdraw from the contract of sale, concluded with the Creator, of RefCash purchased remotely through RefSpace within 14 days.
    4. The statement of withdrawal from the contract for the purchase of RefCash must be submitted to [email protected] within 14 (fourteen) days, with the deadline running from the day after the Buyer receives the RefCash certificate.

  9. Complaints about Goods

    1. Complaints about Goods purchased from individual Sellers should be addressed directly to the Sellers. Each Seller determines independently the complaint procedure used by it.

  10. The role and responsibility of RefSpace

    1. RefSpace provides Users with IT tools that enable Users to conclude agreements for the sale of Goods, while RefSpace is not responsible for the behavior of Users within the framework of using RefSpace service, nor for improper performance or non-performance of sales agreements by them, as well as for the consequences of actions taken by Users and third parties, which constitute a violation of the provisions of the Terms of Use.
    2. RefSpace is not responsible for the non-conclusion or invalidity of concluded agreements between Users, resulting from the act or omission of Users.
    3. RefSpace is not responsible for the quality, safety or legality of the Goods offered by Sellers, the Sellers' ability to sell, the solvency of Buyers, and the truthfulness and accuracy of information about the Goods.
    4. If a published offer or a recording included in it violates the provisions of the Terms and Conditions or applicable laws, RefSpace may refuse to publish the offer of Goods, terminate or remove the offer.
    5. RefSpace may verify Users' compliance with the Terms and Conditions. Verification may take place in particular by checking whether Users comply with the relevant provisions of the Terms and Conditions.
    6. RefSpace may, in order to ensure security and Users' compliance with RefSpace's Terms and Conditions, contact Users and, if warranted, record communications or perform random checks on them.
    7. If a User's actions violate these Terms of Use, RefSpace may admonish the User or issue a warning.
    8. The issuance of a warning and admonition to a User does not directly result in the suspension of the Account or restriction of access. It only constitutes a notice that if the User continues to violate the Terms of Use, RefSpace may suspend the Account.
    9. RefSpace will notify the User about the suspension of the Account or restriction of access to certain services via e-mail and application, while indicating the reasons for the suspension or restriction of access to the Account. The User has the right to appeal.
    10. You are fully responsible for your acts and omissions in connection with your use of RefSpace, in particular, you may be liable for damages to RefSpace or other Users.
    11. If your Account is suspended, you will only have access to your Account and access to functions to pay your dues to RefSpace and finalize agreements entered into before your Account was suspended, and you may not use any other services provided by RefSpace. Listings issued under a suspended Account are deleted.
    12. RefSpace has access to the following categories of User data: data about the offer; data that identifies the Buyer; data about the transaction - such as payment methods, goods collection address, delivery method, among others. RefSpace reserves the right to view communications between the Buyer and Seller and other Users of the application.
    13. Not all of the other Users' data is visible to everyone, some of the data is only available to RefSpace.
    14. The user has access to the data on his activities: sales, turnover value, completed orders, cancelled orders.

  11. Termination of contract with RefSpace

    1. The provision of services under RefSpace is indefinite, subject to the provisions set forth below.
    2. Within 14 days from the conclusion of the contract with RefSpace, the User may withdraw from the contract without giving any reason. The rules of withdrawal from the contract, including the model form on withdrawal from the contract, are attached as Appendix No. 2 to the Terms of Use. The right to withdraw from the contract does not apply to the Seller who has issued an offer of Goods or has receivables to RefSpace.
    3. If the User repeatedly violates the Terms of Use, the contract may be terminated by RefSpace with ten days' notice.
    4. If the Agreement has been terminated based on RefSpace's decision as described in Section 3 above, the User is not entitled to re-register an Account with RefSpace without RefSpace's prior approval.

  12. Final Provisions

    1. Privacy and confidentiality.
      1. RefSpace processes the personal data provided by Users in the places designated for this purpose in accordance with applicable laws and in accordance with the privacy policy.
      2. Users shall disclose personal data of other Users only in cases provided for in the Terms of Use for the purposes of conducting transactions and in other cases, with the prior consent of the data subject.
      3. The User is obliged not to disclose to third parties information concerning other Users that he/she has received from RefSpace in connection with the use of RefSpace, unless he/she has obtained prior consent from the User to whom the data refers. In particular, it is forbidden to use the information in question for commercial purposes consisting, in particular, in promoting in any form the User's activities conducted outside RefSpace.
      4. RefSpace reserves the right to filter and stop messages sent by Users within the tools provided at RefSpace, especially if they are spam, contain content that violates these Terms of Use or otherwise threaten the safety of Users or violate their personal rights.
      5. Completed listings may be published in the RefSpace archive. RefSpace does not guarantee full and comprehensive public disclosure of completed listings.
    2. Amendments to the Terms of Use
      1. RefSpace Ltd may change the Terms and Conditions in the following cases:
        1. changes in laws, decisions or guidelines of state bodies or court rulings directly affecting the formation of rights and obligations of the User or RefSpace Ltd;
        2. price list changes;
        3. changes to the operation or architecture of RefSpace information and communication systems, in particular changes to the functionality or scope of service provision;
        4. for data security reasons and to prevent abuse or violation of rights or legitimate interests of RefSpace Ltd;
        5. Editorial changes aimed at better understanding of the content of the Terms of Use.
      2. The amendment shall take effect within the period indicated by RefSpace Ltd, which may be less than 15 days from the moment the amended content of the Terms and Conditions is made available at RefSpace. RefSpace Ltd shall not be obliged to comply with the aforementioned minimum deadline if the amendment is of a technical, organizational or editorial nature and does not affect an increase or change in the performance of the User's obligations or a decrease or change in the exercise of the User's rights.
      3. RefSpace Ltd will provide the User with the amended Terms and Conditions by way of e-mail to the e-mail address provided by them at registration.
      4. RefSpace Ltd may provide additional services under separate Regulations.
    3. Complaints
      1. You may contact RefSpace regarding your application under these Terms and Conditions electronically at RefSpace's contact email address.
      2. RefSpace may contact the User in any form, i.e.: written, telephone.
      3. In a situation where, in the opinion of the User, the services provided under the Terms of Use are not provided by RefSpace or are not provided in accordance with the provisions of the Terms of Use, the User may file a complaint, the procedure for which is described below.
      4. A complaint is submitted in electronic form. The complaint should contain at least the name of the User used in RefSpace (login), a description of the objections raised, exhausting all the circumstances of the case and a proposal on how to resolve the complaint.
      5. RefSpace shall consider the complaint within 14 days from the date of its receipt. If the complaint contains deficiencies that make it impossible to resolve, RefSpace will ask the complainant to supplement the complaint to the extent necessary, and the 14-day period will then run from the date of delivery of the supplemented complaint.
      6. The response to the complaint is sent to the e-mail address assigned to the Account of the User in question. In particularly justified cases, RefSpace may send a response in writing to the address indicated in the complaint.
      7. The user has the right to appeal the decision made by RefSpace through a complaint (Appeal).
    4. Technical interruptions and failures
      1. RefSpace reserves the right to make technical interruptions to improve the quality of services provided or to repair failures that may occur in the IT system.
      2. Technical interruptions may take place at any time, however, RefSpace will make every effort to take place during nighttime hours, i.e. after 24 hours, to make them as less disruptive as possible for the Users of the application.
      3. Technical interruptions do not affect the bidding process.
      4. The RefSpace application will inform about technical interruptions in advance, unless the technical interruption is due to a situation that could not be foreseen and the safety of RefSpace Users requires it.
      1. Annex 1: Prohibited goods
      2. Items may not be sold on RefSpace:
        1. in any way violating the law, including blatant pornographic content, promoting violence, discrimination or inciting hatred based on differences in nationality, race, religion, ethnicity or irreligion,
        2. violating the personal rights of third parties,
        3. Non-original items, i.e. counterfeits,
        4. military and police uniforms, as well as badges and other related accessories,
        5. violating copyright or intellectual property rights,
        6. medicinal products, psychotropic substances, narcotics, marijuana seeds,
        7. Explosives and pyrotechnics, and hazardous chemicals,
        8. animals, plants, fungi, or microorganisms (including any of their parts, gametes, seeds, eggs, or diaspores, as well as hybrids, varieties, or breeds capable of survival and reproduction) included in the current list of invasive alien species posing a threat to the Union adopted pursuant to Regulation No. 1143/2014 of the European Parliament and of the Council of the EU of October 22, 2014. on preventive and remedial actions with regard to the introduction and spread of invasive alien species, or in the Regulation of the Minister of the Environment of September 9, 2011 on the list of plants and animals of alien species that may endanger native species or natural habitats if released into the natural environment,
        9. software and database,
      3. The list of prohibited items is not exhaustive and should be considered a directory of guidelines. RefSpace reserves the right to modify it, including adding or removing items from the indicated list.
      4. Attachment No. 2: NOTICE OF RIGHT TO WITHDRAW FROM A RETAIL AGREEMENT WITH RefSpace Ltd, under the RefSpace service.

        The User, may, within 14 days from the date of conclusion of the contract for maintaining an Account within RefSpace (completion of the Account registration) withdraw from the contract without giving any reason.

        In order to exercise the right of withdrawal, it is sufficient for the User to submit a statement of withdrawal to RefSpace Ltd before the expiration of the deadline indicated above. The statement of withdrawal can be made by sending it to RefSpace Ltd by e-mail (to the e-mail address) or by post. A sample of such declaration is attached below for your convenience.

        The User's right of withdrawal also applies to an individual who enters into a contract directly related to his or her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject matter of his or her business activity.

        Model withdrawal statement from RefSpace

        Name or usiness name: ____________________________________
        e-mail address: ____________________________

        I hereby declare that I withdraw from the agreement for the provision of services by electronic means for the maintenance of the Account of [account name]:______________ within RefSpace, concluded on [date of Account registration] __________, in view of the failure to use the services within 14 days from the date of registration.

        ______________________

        [Date / signature]