TERMS AND CONDITIONS OF PHOTOLAB.MARKET

§1. General Provisions

1. These Terms and Conditions define the rules for using the online marketplace platform Photolab.market.

2. The owner and administrator of the platform is:

Pakt Minilabs s.c. J. Kudel, R. Kondracki
ul. B. Chrobrego 23
55-200 Oława
Poland
Website: https://minilabs.pl

3. By accessing or using Photolab.market, the User agrees to comply with these Terms and Conditions.

4. Photolab.market is an online classified marketplace intended for publishing advertisements related to photographic equipment, minilabs, printing systems, spare parts, consumables, accessories, and related services.

5. The Platform acts solely as a technical service provider enabling Users to publish listings and communicate with each other.

6. The Administrator is not a party to any transaction concluded between Users unless explicitly stated otherwise.

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§2. Definitions

1. “Platform” – the online marketplace Photolab.market.

2. “Administrator” – Pakt Minilabs s.c. J. Kudel, R. Kondracki.

3. “User” – any individual, company, or legal entity using the Platform.

4. “Listing” – any advertisement, content, photo, offer, or information published on the Platform.

5. “Seller” – a User publishing an offer for sale or service.

6. “Buyer” – a User interested in purchasing goods or services from another User.

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§3. Nature of the Platform

1. Photolab.market is solely an advertising and communication platform.

2. The Administrator does not own, inspect, verify, sell, resell, distribute, or guarantee products listed by Users.

3. The Administrator does not participate in negotiations, payments, shipping, warranties, or dispute resolution between Users.

4. Any agreement is concluded directly and exclusively between the Buyer and the Seller.

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§4. User Responsibilities

1. Users are fully responsible for all content they publish on the Platform.

2. Users must ensure that all information provided is accurate, lawful, and not misleading.

3. Users are prohibited from publishing:

– illegal content,
– counterfeit goods,
– stolen goods,
– misleading advertisements,
– copyrighted material without authorization,
– offensive or abusive content,
– malware or malicious software,
– products or services prohibited by law.

4. Users are solely responsible for compliance with applicable tax, customs, import/export, consumer protection, and commercial laws.

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§5. Disclaimer of Liability

1. The Administrator shall not be liable for:

– the accuracy of Listings,
– the condition, quality, legality, authenticity, or origin of products,
– false descriptions or misleading information,
– fraud, scams, phishing, or deceptive activities,
– payment disputes,
– shipment delays or losses,
– damages caused by purchased products,
– breach of contract between Users,
– financial losses,
– loss of profits,
– business interruption,
– data loss,
– unauthorized access to User accounts,
– actions or omissions of Users.

2. Users use the Platform entirely at their own risk.

3. The Administrator does not guarantee the successful completion of any transaction.

4. The Administrator does not guarantee the identity, reliability, or credibility of any User.

5. Users are solely responsible for verifying Sellers, products, payment methods, and transaction conditions before completing any transaction.

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§6. Moderation Rights and Account Restrictions

1. The Administrator reserves the unrestricted right to:

– edit, refuse, suspend, hide, limit, or remove any Listing,
– suspend or permanently terminate User accounts,
– restrict access to Platform features,
– block communications between Users,
– remove content that may negatively affect the Platform,
– investigate suspicious activities.

2. Such actions may be taken without prior notice and without explanation.

3. The Administrator may suspend or remove Listings or accounts if a User:

– violates these Terms,
– violates applicable laws,
– publishes misleading information,
– receives justified complaints,
– engages in suspicious or fraudulent activity,
– damages the reputation or security of the Platform.

4. Users shall not be entitled to compensation, refunds, or damages resulting from moderation actions.

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§7. No Warranty

1. The Platform is provided on an “as is” and “as available” basis.

2. The Administrator makes no warranties regarding:

– uninterrupted operation,
– error-free functionality,
– data security,
– compatibility with devices or software,
– continuous availability of services.

3. The Administrator may temporarily suspend the Platform for maintenance, upgrades, or technical reasons without notice.

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§8. Limitation of Liability

1. To the maximum extent permitted by law, the Administrator’s liability is excluded.

2. Under no circumstances shall the Administrator be liable for:

– indirect damages,
– incidental damages,
– consequential damages,
– loss of business,
– loss of reputation,
– loss of income,
– loss of data.

3. If liability cannot be legally excluded, the maximum liability of the Administrator shall not exceed the total amount paid by the User to the Platform during the previous 12 months.

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§9. Intellectual Property

1. Users declare that they own or have the right to use all published materials.

2. By publishing content on the Platform, Users grant the Administrator a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute such content within the operation and promotion of the Platform.

3. Users are fully responsible for any copyright or intellectual property infringement.

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§10. Cooperation with Authorities

1. The Administrator may cooperate with courts, law enforcement agencies, government authorities, and regulatory institutions.

2. The Administrator may disclose User data where required by law or where reasonably necessary to protect the Platform, Users, or third parties.

3. The Administrator may preserve logs, communications, IP addresses, and account activity for security or legal purposes.

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§11. Fees and Payments

1. Certain services on the Platform may be subject to fees.

2. All payments are non-refundable unless otherwise required by law.

3. Removal or suspension of Listings or accounts due to violations does not entitle the User to any refund.

4. The Administrator reserves the right to modify pricing, fees, or paid services at any time.

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§12. Data Protection

1. Personal data is processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

2. Users acknowledge that internet transmissions may not be completely secure.

3. The Administrator implements reasonable security measures but does not guarantee absolute protection against cyber threats or unauthorized access.

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§13. Availability and Technical Issues

1. The Administrator does not guarantee uninterrupted operation of the Platform.

2. The Platform may experience:

– downtime,
– server failures,
– software bugs,
– cyberattacks,
– data corruption,
– communication failures.

3. The Administrator shall not be liable for any losses resulting from technical issues or interruptions.

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§14. Prohibited Activities

Users are prohibited from:

– creating fake accounts,
– manipulating ratings or reviews,
– scraping or copying Platform content,
– distributing spam,
– attempting unauthorized access,
– interfering with Platform infrastructure,
– using bots or automated tools without permission.

The Administrator may immediately restrict or terminate access for such activities.

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§15. Governing Law and Jurisdiction

1. These Terms and Conditions shall be governed by the laws of the Republic of Poland.

2. Any disputes arising from the use of the Platform shall be subject to the jurisdiction of the competent courts of Poland.

3. Users agree to attempt amicable dispute resolution before initiating legal proceedings.

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§16. Amendments to the Terms

1. The Administrator reserves the right to modify these Terms and Conditions at any time.

2. Updated versions become effective upon publication on the Platform.

3. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

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§17. Contact Information

Pakt Minilabs s.c. J. Kudel, R. Kondracki
ul. B. Chrobrego 23
55-200 Oława
Poland

Website: https://minilabs.pl

info@photolab.market
Marketplace Platform: Photolab.market

ADDITIONAL LEGAL PROTECTION CLAUSES FOR PHOTOLAB.MARKET

§18. Indemnification

1. Users agree to indemnify, defend, and hold harmless the Administrator, owners, partners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or legal fees arising from:

   – User activity on the Platform,

   – violation of these Terms,

   – violation of applicable law,

   – infringement of intellectual property rights,

   – disputes between Users,

   – misuse of the Platform.

2. The User shall bear full legal and financial responsibility for their actions on the Platform.

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§19. External Links and Third-Party Services

1. The Platform may contain links to external websites, services, advertisements, or third-party content.

2. The Administrator does not control and is not responsible for:

   – third-party websites,

   – payment providers,

   – shipping services,

   – external software,

   – advertising content.

3. Accessing third-party services is entirely at the User’s own risk.

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§20. Electronic Communication

1. Users agree that communication with the Administrator may occur electronically.

2. Electronic notifications, emails, platform messages, and notices shall be considered legally effective communication.

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§21. Force Majeure

1. The Administrator shall not be liable for delays, interruptions, or failures caused by circumstances beyond reasonable control, including:

   – natural disasters,

   – war,

   – cyberattacks,

   – power outages,

   – telecommunications failures,

   – government actions,

   – labor disputes,

   – hosting failures.

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§22. Severability

1. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain fully valid and enforceable.

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§23. Entire Agreement

1. These Terms and Conditions, together with the Privacy Policy and any additional policies published on the Platform, constitute the entire agreement between the User and the Administrator.

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§24. Language Versions

1. In the event of discrepancies between language versions of these Terms, the English version shall prevail unless mandatory local law provides otherwise.

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§25. Account Security

1. Users are solely responsible for maintaining the confidentiality of login credentials.

2. The Administrator shall not be liable for unauthorized access caused by:

   – weak passwords,

   – credential sharing,

   – phishing attacks,

   – malware,

   – user negligence.

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§26. Marketplace Role Disclaimer

1. The Platform acts solely as a hosting and communication intermediary.

2. The Administrator does not verify ownership rights to listed products unless legally required.

3. The Administrator is not considered:

   – a reseller,

   – distributor,

   – importer,

   – exporter,

   – broker,

   – guarantor of transactions.

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§27. Right to Refuse Service

1. The Administrator reserves the unconditional right to refuse access or services to any User at its sole discretion.

2. The Administrator is not obligated to justify decisions regarding account restrictions, suspensions, or refusals of service.