Terms and conditions

1.1. These Terms and Conditions of the Online Store govern the rules for the sale of Digital Products and the provision of IT Services by the Service Provider through the Online Store at www.prestaskill.com, as well as the conditions for providing services by electronic means within the meaning of applicable law.

1.2. The Online Store available at www.prestaskill.com is operated by NETNOVATION Emil Druzkowski, registered address: Lysa Gora 342, 32-853 Lysa Gora, Poland, VAT ID (NIP): PL8691981966, REGON: 122895778, e-mail address: info@prestaskill.com (hereinafter: “Seller”, “Service Provider”).

1.3. The Online Store is directed exclusively at entrepreneurs and business entities purchasing a Product or Service in connection with their business or professional activity. These Terms do not apply to consumers.

1.4. By placing an Order, the Customer declares that they are acquiring the Product or Service solely for professional or business purposes related to their commercial activity, and that the purchase is of a professional nature. The Service Provider reserves the right to verify this status.

1.5. The controller of personal data processed in the Online Store is the Seller. The detailed rules for processing personal data are set out in the Privacy Policy available on the Online Store’s website.

2.1. The following Electronic Services are available in the Online Store: Account and Order Form.

2.2. Account – use of the Account is possible after completing the Registration Form and confirming the wish to create an Account. The form requires the following details: company name, address, VAT ID, e-mail address, phone number and password. The Account service is provided free of charge for an indefinite period. The User may delete their Account at any time by sending a request to info@prestaskill.com.

2.3. Order Form – use of the Order Form begins when the Customer adds a Product or selects a Service. An Order is placed after completing the form and clicking “Confirm Purchase”. The Order Form service is free, one-time, and ends upon submission of the Order.

2.4. Technical requirements for using the Service Provider’s IT system: (1) a device with internet access; (2) access to e-mail; (3) an up-to-date web browser (Firefox, Chrome, Safari, Edge, Opera); (4) enabled Cookies and JavaScript support.

2.5. The User is obliged to use the Online Store in accordance with the law and good practices, to provide accurate data, and to refrain from supplying unlawful content, including Illegal Content.

2.6. The complaint procedure for Electronic Services is set out in Section VI of these Terms.

3.1. Information about Products and Services available in the Online Store constitutes an invitation to conclude an agreement within the meaning of applicable contract law.

3.2. An Agreement is concluded when the Customer places an Order and the Seller sends confirmation of acceptance by e-mail. The Agreement is deemed concluded upon the Customer’s receipt of that e-mail.

3.3. Prices displayed in the Online Store are quoted as net prices (excluding VAT). Customers holding a valid EU VAT number verified via the VIES system will be invoiced under the reverse charge mechanism (0% VAT – VAT accounted for by the Customer in their country of establishment). Customers unable to provide a valid, VIES-verified EU VAT number will be charged Polish VAT at the applicable rate (currently 23%). For customers outside the EU, 0% VAT applies. The Customer is informed of the applicable tax treatment during the ordering process.

3.4. The Service Provider may refuse to process an Order without giving a reason, returning any payments received within 7 Business Days of the refusal.

3.5. The content of the concluded Agreement is recorded and made available to the Customer by sending an order confirmation e-mail and by making these Terms available on the Online Store’s website.

4.1. All prices for Products and Services in the Online Store are quoted as net prices. VAT or applicable taxes will be added at the rate applicable on the date the Agreement is concluded.

4.2. The Seller offers the following payment methods:

a) bank transfer to the Seller’s bank account;
b) payment via Stripe;
c) payment via PayPal.

4.3. In the case of bank transfer, the Customer must make payment within 7 Business Days of the date the Agreement is concluded.

4.4. The Seller may require full or partial advance payment regardless of the chosen payment method, in particular before commencing a Service.

4.5. Failure to pay on time entitles the Seller to suspend fulfilment of the Order or terminate the Agreement with immediate effect.

5.1. Digital Products are delivered exclusively in electronic form – as a download link or access credentials sent to the Customer’s e-mail address provided in the Order.

5.2. Digital Products are delivered within 24 hours of payment being credited, unless the product description states otherwise.

5.3. The timeframe for performing IT Services is agreed individually between the parties, through separate arrangements or a technical specification forming an annex to the Agreement.

5.4. The Service Provider bears no liability for delivery delays caused by the Customer, including lack of access to their e-mail account or incorrect contact details provided when placing the Order.

6.1. This Section VI sets out the complaints procedure for complaints relating to Products, Services, Electronic Services and the operation of the Online Store.

6.2. The legal basis and scope of the Seller’s liability towards a business Customer are determined by the provisions of applicable civil law and electronic services law.

6.3. A complaint may be submitted:

a) in writing to: Lysa Gora 342, 32-853 Lysa Gora, Poland;
b) electronically to: info@prestaskill.com.

6.4. It is recommended that the complaint include: (1) details identifying the Customer and the Order; (2) a description of the issue and the date it occurred; (3) the Customer’s request. These requirements are recommendations only and do not affect the validity of a complaint.

6.5. The Customer is required to report defects in a Product or Service promptly – no later than 14 days from discovery. Complaints submitted later may be considered at the Seller’s discretion.

6.6. The Seller will respond to complaints within 30 calendar days of receipt.

6.7. The Seller’s liability towards a business Customer is limited – both in respect of individual claims and in aggregate – to the price paid under the Agreement to which the complaint relates. The Seller is not liable for lost profits or indirect damages.

7.1. The Customer, as a business entity, has no statutory right of withdrawal from a distance contract under consumer protection legislation. These Terms do not provide for a contractual right of withdrawal.

7.2. Digital Products are non-refundable due to their intangible nature and the possibility of immediate reproduction by the Customer.

7.3. In the event of cancellation of an ordered IT Service before the Service Provider has commenced work, the Seller is entitled to retain an initial fee (deposit) of 30% of the Service price, to cover preparation and organisational costs incurred.

7.4. Once the Service Provider has commenced the Service, no refund is available unless the parties have agreed otherwise in writing.

7.5. The Seller has the right to withdraw from the Agreement within 14 calendar days of its conclusion without giving a reason, with no claim for damages on the part of the Customer. In such case, the Seller will return any payments received within 7 Business Days.

8.1. This Section VIII and all provisions contained herein apply exclusively to Customers who are business entities.

8.2. The Seller’s statutory liability for defects in the Product or Service under warranty is excluded to the fullest extent permitted by applicable law.

8.3. The Service Provider’s liability towards the Customer, regardless of its legal basis, is limited – both in respect of individual claims and in aggregate for all claims – to the net price paid by the Customer under the specific Agreement. The Service Provider is not liable for lost profits or indirect or consequential damages.

8.4. The Service Provider may terminate the Agreement for the provision of an Electronic Service (including Account access) with immediate effect and without giving reasons, by sending the User a relevant notice to their e-mail address.

8.5. All disputes arising from Agreements concluded under these Terms shall be subject to the jurisdiction of the court competent for the Service Provider’s registered address.

9.1. All Digital Products available in the Online Store are protected by copyright law and other applicable intellectual property legislation.

9.2. Upon conclusion of the Agreement, the Seller grants the Customer a non-exclusive, non-transferable License to use the Product, without the right to sublicense, for an indefinite period (unless the Agreement states otherwise).

9.3. The License entitles the Customer solely to:

a) install and run the Product on the Customer’s server or environment;
b) use the Product for the purposes of the Customer’s own business activity;
c) modify the Product for internal use only, without the right to distribute the modified version.

9.4. Under this License, the Customer is in particular prohibited from:

a) sharing the Product or any part thereof with third parties, including employees outside the Customer’s organisation acting on their own account;
b) reselling, sublicensing or otherwise transferring rights to the Product;
c) publicly disclosing the Product or its source code (including on GitHub, GitLab, public repositories, forums or open hosting platforms);
d) copying or reproducing the Product for the purpose of resale or distribution;
e) removing or modifying author attributions, trademarks or licence notices;
f) using the Product in projects or products that directly compete with the Service Provider;
g) inputting the Product or any part thereof (including source code, documentation, graphics or content) into artificial intelligence systems, LLM tools (Large Language Models), machine learning (ML) models, AI analytics platforms or any other systems that use data to train algorithms or generate content.

9.5. Any breach by the Customer of the License terms results in its immediate revocation by operation of law, without the need for a separate notice, with an immediate obligation to cease use of the Product and delete all copies.

9.6. In the case of IT Services developed on the Customer’s order, the economic copyright to the software or website developed belongs to the Seller until full payment of the fee. Upon full payment, the Seller grants the Customer a License in accordance with sections 9.2 and 9.3, unless the parties have agreed to transfer the economic copyright – exclusively by means of a separate written agreement.

10.1. The parties agree that the contractual penalties set out in this Section X are proportionate to the value of the intellectual property rights protected by the Seller and the potential damage resulting from their infringement, and that their amount is independent of the price paid by the Customer for the Product or Service.

10.2. In the event of a breach by the Customer of the License terms or other provisions of these Terms relating to the use of the Product, the Customer shall pay the Seller the following contractual penalties:

10.3. The contractual penalties referred to in section 10.2 are independent of each other and cumulative – the Seller may claim multiple penalties simultaneously if multiple breaches have occurred.

10.4. Payment of contractual penalties does not preclude the Seller from claiming supplementary damages on general principles, exceeding the amount of the penalties, where the Seller’s actual loss exceeds the value of the penalties due.

10.5. Contractual penalties are payable on the basis of a demand for payment issued by the Seller to the Customer, within 14 days of delivery of the demand.

11.1. The controller of personal data processed in connection with the use of the Online Store is the Seller – NETNOVATION Emil Druzkowski, Lysa Gora 342, 32-853 Lysa Gora, Poland, VAT ID: PL8691981966, e-mail: info@prestaskill.com.

11.2. Personal data are processed for the purposes, for the period and on the legal bases set out in the Privacy Policy available at www.prestaskill.com. The Privacy Policy contains in particular information on the purposes, legal bases and retention periods for data processing, as well as the rights of data subjects.

11.3. Providing personal data is voluntary but necessary to place an Order and perform the Agreement.

12.1. This Section XII contains provisions required by the Digital Services Act (DSA – EU Regulation 2022/2065) as applicable to the Online Store.

12.2. Point of contact – the Service Provider designates info@prestaskill.com as the single point of contact for direct communication with Member State authorities, the European Commission and service recipients. Languages of communication: English and Polish.

12.3. Reporting Illegal Content – any person or entity may report to the Service Provider at info@prestaskill.com the presence of information they consider to constitute Illegal Content. The report should include: (1) a statement of reasons; (2) the exact electronic location of the content; (3) the reporter’s contact details; (4) a good-faith declaration. The Service Provider will confirm receipt and take prompt action.

12.4. Users are prohibited from supplying unlawful content, content infringing third-party rights, spam, or from using the Store in any manner contrary to law or these Terms.

12.5. The Service Provider reserves the right to moderate content submitted by Users, acting in good faith and with due diligence.

12.6. Users have the right to select any out-of-court dispute resolution body certified by a Digital Services Coordinator of a Member State for the resolution of disputes concerning decisions made by the Service Provider.

13.1. Agreements concluded via the Online Store are governed by Polish law.

13.2. All disputes arising from Agreements concluded under these Terms shall be subject to the jurisdiction of the court competent for the Service Provider’s registered address.

13.3. The Service Provider reserves the right to amend these Terms for valid reasons, in particular: changes in law, changes in payment or delivery methods, changes in the scope of Products or Services offered, or the need to ensure the Store’s security. The Customer will be notified of any