# Terms and Conditions of the Hammerdice Online Store
These Terms and Conditions define the rules for using the Hammerdice online store, placing orders, concluding agreements for the supply of digital content, making payments, delivering digital Print&Play files, handling complaints (lack of conformity with the contract), processing personal data, and the rights and obligations of Buyers.
The Hammerdice online store sells digital Print&Play products only. The products are supplied as digital files or download links sent electronically.
The provisions concerning the Privileged Entrepreneur apply to agreements concluded from 1 January 2021.
The provisions concerning lack of conformity of digital content with the contract (Chapter 5b of the Polish Act of 30 May 2014 on Consumer Rights) apply to agreements concluded from 1 January 2023.
## Table of Contents
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Products Offered in the Store
§ 5 Making Purchases in the Store
§ 6 Payments
§ 7 Order Fulfilment and Delivery of Digital Content
§ 8 Right of Withdrawal
§ 9 Exceptions to the Right of Withdrawal for Digital Content
§ 10 Lack of Conformity of Digital Content with the Contract (Complaints)
§ 11 Out-of-Court Dispute Resolution
§ 12 Personal Data
§ 13 Reservations
§ 14 Final Provisions
## § 1 Definitions
1. **Business Days** – days from Monday to Friday, excluding public holidays in Poland.
2. **Consumer** – a consumer within the meaning of Article 22¹ of the Polish Civil Code, i.e. a natural person performing a legal act with the Seller not directly related to that person’s business or professional activity.
3. **Account** – a free function of the Store, provided electronically and regulated by separate rules, through which the Buyer may create an individual account in the Store, if such option is available.
4. **Buyer** – any entity making a purchase in the Store.
5. **Privileged Buyer** – a Consumer or a Privileged Entrepreneur.
6. **Privileged Entrepreneur** – a natural person concluding an agreement with the Seller directly related to their business activity, where the agreement is not of a professional nature for that person, in particular as resulting from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions of this definition apply to agreements concluded from 1 January 2021. References in these Terms and Conditions to provisions on consumer rights regarding withdrawal from the contract and lack of conformity of digital content with the contract apply accordingly to the Privileged Entrepreneur, in line with Articles 7aa and 38a of the Polish Act on Consumer Rights.
7. **Digital Content** – data produced and supplied in digital form, within the meaning of the Polish Act on Consumer Rights, in particular PDF files, image files, rulebooks, game sheets, cards, boards, tokens, and other digital files offered in the Store.
8. **Print&Play Product** – a Digital Content product supplied in digital form, intended for the Buyer to download and print for personal use.
9. **Terms and Conditions** – these Terms and Conditions.
10. **Store** – the Hammerdice online store operated by the Seller at hammerdice.com.
11. **Seller** – RADOSŁAW IGNATÓW, an entrepreneur conducting business activity under the name RADOSŁAW IGNATÓW, entered into the Central Register and Information on Business Activity (CEIDG), maintained by the competent minister, NIP: 7772841849, REGON: 301683262, address: Urocza 5, 62-030 Luboń, Poland.
12. **Consumer Rights Act** – the Polish Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2023, item 2759, as amended).
13. **Digital Environment** – computer hardware, software, and network connections used by the Buyer to access or use Digital Content.
## § 2 Contact with the Seller
1. Postal address: Urocza 5, 62-030 Luboń, Poland.
2. Email address: hammerdice.shop@gmail.com.
3. Telephone number: +48 518 462 455.
## § 3 Technical Requirements
1. To use the Store properly, the Buyer needs:
1. a device with access to the Internet;
2. a web browser that supports JavaScript and cookies;
3. an active email account.
2. To use the purchased Digital Content, the Buyer additionally needs software capable of opening PDF files and other file formats indicated in the product description, and – for Print&Play Products – a printer or another method of producing a physical printout for personal use.
3. **Functionality.** The Digital Content offered in the Store consists of static digital files (in particular PDF) intended to be downloaded by the Buyer and printed for personal use. The Digital Content does not contain any technical protection measures (DRM) that would limit the Buyer’s ability to download, open, or print the files for personal use, unless the product description clearly states otherwise.
4. **Compatibility and interoperability.** The Digital Content is compatible with any operating system and device that supports the file format indicated in the product description (in particular PDF). No additional software supplied by the Seller is required.
5. **Updates.** Due to the nature of Print&Play Digital Content (one-time supply of static files), the Seller does not provide regular updates. If, after the conclusion of the agreement, the Seller publishes a corrected version of the Digital Content (e.g. correcting a typographical or graphic error), the Seller shall, where reasonably possible, make such corrected version available to Buyers who have already purchased the affected product, free of charge.
6. The Buyer is responsible for ensuring that their device and software allow them to download, open, and use the purchased Digital Content in accordance with the technical requirements indicated above.
## § 4 Products Offered in the Store
1. The Store sells digital Print&Play products only.
2. Products offered in the Store are supplied in digital form, in particular as download links or files sent by email.
3. No physical product is shipped to the Buyer unless the product description clearly states otherwise.
4. The purchased Digital Content is intended for the Buyer’s personal, non-commercial use only, unless the product description or a separate licence expressly provides otherwise.
5. The Buyer may print the purchased Digital Content for their own personal use, including for the purpose of playing the game with family or friends in a private setting.
6. The Buyer may not, without the Seller’s prior written consent: resell, share, upload, distribute, publish, sublicense, lend, rent, or otherwise make the purchased Digital Content available to third parties, in particular by uploading the files to public file-sharing platforms, social media, board game databases (such as BoardGameGeek), or any other publicly accessible service.
7. The prohibition referred to in section 6 does not affect the Buyer’s rights resulting from mandatory provisions of copyright law, including the right of permitted personal use.
## § 5 Making Purchases in the Store
1. The prices of products shown in the Store are total prices, including VAT (if applicable).
2. To place an order, the Buyer must add the selected product to the shopping cart in the Store.
3. The Buyer then chooses the available payment method and provides the data necessary to complete the order, in particular a correct and active email address.
4. Before placing the order, the Buyer is shown a summary of the order and may verify and correct the entered data.
5. The order is placed when the Buyer confirms the order, accepts these Terms and Conditions, and confirms the obligation to pay (by clicking a button clearly indicating that placing the order entails the obligation to pay).
6. Placing the order constitutes the conclusion of an agreement for the supply of Digital Content between the Buyer and the Seller.
7. The Seller shall provide the Privileged Buyer with confirmation of the conclusion of the agreement on a durable medium (in particular by sending an order confirmation to the email address provided by the Buyer), at the latest upon the commencement of delivery of the Digital Content. The confirmation includes:
1. the information referred to in Article 12(1) of the Consumer Rights Act, unless this information has already been provided to the Buyer on a durable medium before the conclusion of the agreement;
2. information about the consent given by the Privileged Buyer for the supply of the Digital Content under circumstances causing the loss of the right of withdrawal, where applicable.
8. The Buyer may create an Account in the Store or make purchases without registration, if such option is available.
## § 6 Payments
1. Orders may be paid for using the payment methods available in the Store.
2. Payments may be processed, depending on the option selected by the Buyer, through PayPal or another payment operator available in the Store.
3. The order is processed after the Seller receives confirmation of successful payment.
4. By making purchases in the Store, the Buyer accepts the issuance of invoices in electronic form by the Seller, sent to the email address provided by the Buyer, unless mandatory law provides otherwise.
5. The Buyer has the right to withdraw their consent to electronic invoices at any time by sending a relevant statement to the email address indicated in § 2.
## § 7 Order Fulfilment and Delivery of Digital Content
1. The Seller is obliged to deliver the purchased Digital Content to the Buyer free of any defects (in conformity with the contract).
2. Delivery of Digital Content takes place electronically, by sending download links, files, or access information to the email address provided by the Buyer during the order process.
3. The Seller delivers the Digital Content to the Buyer immediately after the conclusion of the agreement, unless a different time of delivery has been indicated in the Store or in the product description.
4. The Seller does not bear responsibility for non-delivery of Digital Content caused by the Buyer providing an incorrect or inactive email address, or by the Buyer’s email service classifying the Seller’s message as spam or rejecting it.
5. The sending of download links, files, or access information to the email address provided by the Buyer is considered delivery of the Digital Content within the meaning of the Consumer Rights Act.
6. If the Buyer does not receive the Digital Content within the time indicated in the Store or in the product description, the Buyer should contact the Seller at: hammerdice.shop@gmail.com. The Buyer may also exercise the rights provided for in § 8 section 6 below.
7. Download links, where used, remain active for at least 30 days from the date of delivery. Upon the Buyer’s request submitted to the email address indicated in § 2, the Seller shall, where reasonably possible, provide a renewed download link.
## § 8 Right of Withdrawal
1. A Privileged Buyer who concluded an agreement at a distance has the right to withdraw from the agreement within 14 days, without giving any reason, subject to the exceptions provided by law and described in § 9 below.
2. The 14-day period begins on the day of conclusion of the agreement (in the case of agreements for the supply of Digital Content not delivered on a tangible medium).
3. To exercise the right of withdrawal, the Privileged Buyer must inform the Seller of the decision to withdraw by means of an unequivocal statement, sent to the postal or email address indicated in § 2.
4. The Privileged Buyer may use the model withdrawal form constituting Annex 2 to the Consumer Rights Act, but its use is not mandatory.
5. To meet the deadline, it is sufficient for the Privileged Buyer to send the statement of withdrawal before the expiry of the 14-day period.
6. **Failure to deliver Digital Content.** If the Seller fails to deliver the Digital Content within the agreed time, the Privileged Buyer shall request the Seller to deliver it. If the Seller fails to deliver the Digital Content immediately or within an additional period expressly agreed by the parties, the Privileged Buyer is entitled to withdraw from the agreement (Article 43j of the Consumer Rights Act). The Privileged Buyer may withdraw from the agreement without requesting delivery if it is clear from the Seller’s statement or circumstances that the Seller will not deliver the Digital Content, or if the parties have agreed, or it is clear from the circumstances of the conclusion of the agreement, that a specific time of delivery was of essential importance to the Privileged Buyer and the Seller did not deliver within that time.
7. In the event of effective withdrawal from the agreement, the Seller shall return all payments received from the Privileged Buyer no later than within 14 days of receiving the statement of withdrawal, using the same means of payment as those used by the Privileged Buyer, unless the Privileged Buyer has expressly agreed to another method of return that does not entail any costs for them.
8. After withdrawal, the Privileged Buyer is obliged to cease using the Digital Content and to refrain from making it available to third parties.
## § 9 Exceptions to the Right of Withdrawal for Digital Content
1. Pursuant to Article 38(1)(13) of the Consumer Rights Act, the right of withdrawal does not apply to agreements for the supply of digital content not delivered on a tangible medium, for which the Privileged Buyer is obliged to pay a price, if all of the following conditions are jointly met:
1. the Seller has commenced the supply of the Digital Content with the express and prior consent of the Privileged Buyer;
2. before commencement of the supply, the Privileged Buyer was informed that they would lose the right of withdrawal upon the Seller’s performance, and acknowledged this;
3. the Seller has provided the Privileged Buyer with a confirmation of the conclusion of the agreement, in accordance with Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act (in particular by email).
2. The express consent and acknowledgement referred to in section 1 are obtained by means of a separate, voluntary statement of the Privileged Buyer (in particular by ticking a dedicated, non-pre-ticked checkbox during the ordering process), and are not included in the Terms and Conditions or in the general checkbox for accepting the Terms and Conditions.
3. **Suggested wording of the dedicated checkbox** displayed before placing the order, separately from the acceptance of the Terms and Conditions:
> “I request that the supply of the digital content begin before the expiry of the 14-day period for withdrawal from the agreement, and I acknowledge that I will thereby lose the right of withdrawal from the agreement upon commencement of the supply.”
4. After the Digital Content has been delivered in accordance with the conditions in section 1, the Privileged Buyer is no longer entitled to withdraw from the agreement and to receive a refund on that basis.
5. The loss of the right of withdrawal does not in any way limit the Privileged Buyer’s rights in the event of lack of conformity of the Digital Content with the contract, as set out in § 10 below.
## § 10 Lack of Conformity of Digital Content with the Contract (Complaints)
1. The Seller is obliged to deliver Digital Content in conformity with the contract.
2. The provisions of this paragraph implement Chapter 5b of the Consumer Rights Act and apply to Privileged Buyers.
3. **Conformity with the contract.** The Digital Content is in conformity with the contract if, in particular, its description, type, quantity, quality, completeness, functionality, compatibility, and interoperability correspond to the contract; it is fit for the purpose for which Digital Content of this type is normally used; and it is supplied in the most recent version available at the time of conclusion of the contract, unless the parties have agreed otherwise.
4. **Period of liability.** The Seller is liable for any lack of conformity of the Digital Content with the contract that existed at the time of delivery and became apparent within two years from that time. There is a presumption that any lack of conformity which becomes apparent within one year from the time of delivery existed at the time of delivery.
5. **Right to bring the Digital Content into conformity.** If the Digital Content is not in conformity with the contract, the Privileged Buyer may demand that it be brought into conformity. The Seller may refuse to bring the Digital Content into conformity with the contract if it is impossible or would entail excessive costs for the Seller. The Seller shall bring the Digital Content into conformity with the contract within a reasonable time and without significant inconvenience to the Privileged Buyer. Costs of bringing the Digital Content into conformity are borne by the Seller.
6. **Right to a price reduction or withdrawal.** If the Digital Content is not in conformity with the contract, the Privileged Buyer may make a statement requesting a price reduction or withdrawing from the agreement, when:
1. bringing the Digital Content into conformity is impossible or would entail excessive costs;
2. the Seller has failed to bring the Digital Content into conformity in accordance with section 5;
3. the lack of conformity persists despite the Seller’s attempts to bring the Digital Content into conformity;
4. the lack of conformity is so significant that it justifies a price reduction or withdrawal without first using the remedy referred to in section 5;
5. it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Digital Content into conformity within a reasonable time or without significant inconvenience to the Privileged Buyer.
7. **Significance.** The Privileged Buyer may not withdraw from the agreement if the lack of conformity is insignificant. The lack of conformity is presumed to be significant.
8. **Effects of withdrawal.** In the event of withdrawal from the agreement on the grounds set out in section 6, the Seller shall return the price paid no later than within 14 days from the receipt of the Privileged Buyer’s statement of withdrawal. The Seller returns the price using the same means of payment as those used by the Privileged Buyer, unless the Privileged Buyer has expressly agreed to another method of return that does not entail any costs for them. The Privileged Buyer is obliged to cease using the Digital Content and to refrain from making it available to third parties.
9. **Submission of complaints.** Complaints may be submitted by email to: hammerdice.shop@gmail.com. The complaint should include:
1. the Buyer’s name or order number;
2. the email address used to place the order;
3. a description of the lack of conformity (e.g. file fails to open, missing pages, files not in the format described);
4. the request of the Buyer (bringing into conformity, price reduction, or withdrawal);
5. if possible, screenshots or other information helping the Seller verify the issue.
10. **Time limit for response.** The Seller shall respond to a complaint submitted by a Privileged Buyer within 14 days of its receipt. Failure to respond within this period is deemed acceptance of the complaint as submitted.
11. **Other Buyers.** With respect to Buyers who are neither Consumers nor Privileged Entrepreneurs, statutory warranty for defects (rękojmia) under the Polish Civil Code is excluded to the fullest extent permitted by law.
## § 11 Out-of-Court Dispute Resolution
1. The Privileged Buyer has the option to use out-of-court means of complaint handling and redress. In particular, the Privileged Buyer may:
1. apply to a permanent consumer arbitration court (stały sąd polubowny) operating at a regional inspectorate of Trade Inspection (Inspekcja Handlowa) for the resolution of a dispute arising from the agreement;
2. apply to the regional inspector of Trade Inspection for mediation proceedings to amicably resolve the dispute;
3. seek free-of-charge assistance from a district (municipal) consumer ombudsman (powiatowy/miejski rzecznik konsumentów) or a social organisation whose statutory tasks include consumer protection (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich).
2. Detailed information on out-of-court means of complaint handling and redress, as well as the rules of access to such procedures, is available at the offices and on the websites of the Office of Competition and Consumer Protection (UOKiK), at the address: uokik.gov.pl, in the section dedicated to dispute resolution.
## § 12 Personal Data
1. The administrator of personal data provided by the Buyer while using the Store is the Seller.
2. Detailed information on the processing of personal data by the Seller, including the purposes and legal grounds for data processing, data retention periods, and the recipients of the data, is provided in the Privacy Policy available in the Store.
3. The purpose of processing the Buyer’s data provided in connection with purchases made in the Store is to fulfil orders and perform the agreement.
4. The legal basis for processing personal data is in particular:
1. performance of the agreement or taking steps at the Buyer’s request before concluding the agreement, pursuant to Article 6(1)(b) of the GDPR;
2. the Seller’s legal obligations, including accounting and tax obligations, pursuant to Article 6(1)(c) of the GDPR;
3. the Seller’s legitimate interest consisting in establishing, pursuing, or defending potential claims, pursuant to Article 6(1)(f) of the GDPR.
5. Providing personal data is voluntary, but necessary to conclude and perform the agreement. Failure to provide the required data may prevent the Buyer from placing an order.
6. The Buyer has the right to request access to their personal data, rectification, erasure, restriction of processing, data portability, and the right to object to processing in cases provided by law.
7. To exercise their rights, the Buyer should contact the Seller using the contact details provided in § 2.
8. If the Buyer believes that their personal data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych), ul. Stawki 2, 00-193 Warsaw.
## § 13 Reservations
1. The Buyer is prohibited from providing unlawful content.
2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of these Terms and Conditions.
3. Agreements concluded through the Store are concluded in Polish or English, depending on the language version of the Store used by the Buyer. In the event of any discrepancies between language versions, the Polish version shall prevail in relations with Buyers domiciled in Poland.
4. The provisions concerning goods and sales agreements shall apply accordingly to Digital Content and agreements for the supply of Digital Content, unless these Terms and Conditions or mandatory law regulate such matters separately.
5. With respect to a Buyer who is neither a Consumer nor a Privileged Entrepreneur:
1. liability of the Seller for damages, regardless of its legal basis, is limited to the amount of the price paid for the Digital Content under the relevant agreement, and the Seller is not liable for lost profits;
2. statutory warranty for defects (rękojmia) under the Polish Civil Code is excluded;
3. any disputes shall be submitted to the court competent for the seat of the Seller.
6. The provisions of section 5 do not apply to Privileged Buyers, whose rights are determined by mandatory provisions of the Consumer Rights Act, the Polish Civil Code, and other applicable laws.
7. Nothing in these Terms and Conditions excludes or limits the rights of Consumers and Privileged Entrepreneurs that cannot be excluded or limited under mandatory provisions of law. In the event of a conflict between any provision of these Terms and Conditions and such mandatory provisions, the mandatory provisions shall prevail.
## § 14 Final Provisions
1. The Seller reserves the right to amend these Terms and Conditions for important reasons, including:
1. changes in applicable law;
2. changes in payment methods;
3. changes in the technical functioning of the Store;
4. changes in the method of delivering Digital Content;
5. the need to improve the clarity or security of the Store’s operation.
2. Changes to the Terms and Conditions do not affect orders placed before the changes come into force; such orders are governed by the version of the Terms and Conditions in force at the time of placing the order.
3. Information about changes to the Terms and Conditions shall be made available in the Store at least 14 days before the changes come into force. Buyers holding an Account shall additionally be informed of the changes by email.
4. The law applicable to agreements concluded through the Store is Polish law, subject to mandatory consumer protection provisions applicable in the Buyer’s country of habitual residence (in line with Article 6 of Regulation (EC) No 593/2008 – Rome I).
5. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular the Consumer Rights Act and the Polish Civil Code.
6. These Terms and Conditions enter into force on [date].
