Terms and Conditions

TERMS AND CONDITIONS OF SERVICE

I. DEFINITIONS

  1. Service – The online platform operated by the Operator, used for presenting and comparing Goods offered by Merchants within their Online Stores, operating as a Google Comparison Shopping Service (Google CSS).
  2. Operator – Spark DigitUp Sp. z o.o., with its registered office in Kraków (31-060) at Plac Wolnica 13 lok. 10, entered into the Register of Entrepreneurs of the National Court Register, NIP (Tax ID): 6762496391.
  3. User – Any natural person, legal entity, or organizational unit visiting the Service websites.
  4. Merchant – An entrepreneur operating an Online Store who presents Goods within the Service based on an agreement concluded with the Operator.
  5. Online Store – The Merchant’s external sales platform where Transactions for the purchase of Goods are concluded.
  6. Goods – Products or services presented within the Service as part of the Merchant's offer.
  7. Offer – Information about a Product (including description, price, and images) published in the Service based on data provided by the Merchant.
  8. Transaction – A sales agreement for Goods concluded directly between the User and the Merchant within the Merchant's Online Store.
  9. Product Feed – A structured data file provided by the Merchant to the Operator, containing the information necessary to publish the Offer, compliant with Google Merchant Center technical standards.
  10. Services – Electronic services provided by the Operator to Users and Merchants as described in these Terms and Conditions.

II. GENERAL PROVISIONS

  1. These Terms and Conditions define the rules for using the Service and the rights and obligations of the Operator, Users, and Merchants.
  2. The Operator may be contacted by mail at the registered office address or via email at: kontakt@trafishop.pl.
  3. Using the Service requires a device with Internet access and a correctly configured web browser. For full functionality, it is recommended to enable Cookies and JavaScript.
  4. The Operator is not the seller of the Goods presented in the Service. The Merchant is the sole party to the sales agreement within a Transaction.
  5. Data regarding Goods (including prices and availability) are updated based on Product Feeds; however, only the information provided on the Merchant’s Online Store website at the time of purchase is binding.

III. SERVICES FOR USERS

  1. Use of the Service by Users is free of charge and does not require registration.
  2. Within the Service, the User may:
  • Browse and compare Product Offers;
  • Use search tools and thematic filters;
  • Be redirected to the Merchant's Online Store to complete a purchase.
  1. An agreement for the provision of electronic services is concluded when the User enters the Service website and is terminated upon leaving the website.

IV. SERVICES FOR MERCHANTS

  1. The Operator provides sales support services to Merchants, including:
  • Publishing Offers in the Service based on Product Feeds;
  • Redirecting traffic from the Service to the Merchant's Online Store;
  • Integrating Offers with the Google Merchant Center system as part of the CSS service.
  1. Services for Merchants are provided for a fee, unless an individual agreement states otherwise. Billing rules are defined by the current Price List or separate arrangements between the parties.
  2. VAT invoices are issued in electronic form and sent to the email address provided by the Merchant. The standard payment term is 7 days.

V. MERCHANT COOPERATION

  1. To initiate cooperation, the Merchant must submit a request (via a contact form or email) and accept these Terms and Conditions.
  2. The Merchant agrees to provide a technically correct Product Feed and ensure it is kept up to date.
  3. It is prohibited to publish Offers for illegal goods, goods that infringe on third-party rights, or goods that violate public decency or fair competition rules.
  4. The Merchant represents that they hold all necessary rights, including intellectual property rights and trademark rights, required to present the Offers in the Service.
  5. The Operator reserves the right to suspend the publication of Offers that violate legal regulations, Google platform guidelines, or the Operator's reputation.

VI. LIABILITY

  1. The Operator shall exercise due diligence to ensure the continuous operation of the Service; however, the Operator does not guarantee the absence of technical breaks resulting from system maintenance or force majeure.
  2. The Operator is not responsible for:
  • The content of Offers provided by Merchants;
  • The execution, delivery, or potential defects of Goods purchased during a Transaction;
  • Decisions of external providers (e.g., Google) affecting the display of Offers in external systems.
  1. The Operator's financial liability to the Merchant for the Services provided is limited to the amount of the fee actually paid by the Merchant in the month in which the damage occurred.

VII. INTELLECTUAL PROPERTY AND DATA PROTECTION

  1. All graphic elements, technological solutions, and the layout of the Service are the intellectual property of the Operator and are protected by law.
  2. The administrator of the personal data of Users and Merchants is Spark DigitUp Sp. z o.o., based in Kraków.
  3. Detailed rules regarding the processing of personal data and the use of cookies are set out in the Privacy Policy, available on the Service website.

VIII. COMPLAINTS PROCEDURE

  1. Complaints regarding the operation of the Service may be submitted electronically to: kontakt@trafishop.pl.
  2. The submission should include the identity of the complaining party and a description of the observed irregularities.
  3. The Operator shall review complaints within 14 days of receipt.
  4. Complaints regarding the Goods themselves or the course of a Transaction (e.g., shipping, returns) should be directed directly to the relevant Merchant.

IX. FINAL PROVISIONS

  1. The Operator reserves the right to amend these Terms and Conditions for valid reasons (e.g., changes in law, changes in the business model). Merchants will be informed of any changes at least 15 days in advance.
  2. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code and the Act on the Provision of Electronic Services.
  3. Any disputes shall be resolved by the court competent for the Operator's registered office, except in cases where the User is acting as a consumer.
  4. These Terms and Conditions shall enter into force on the date of their publication in the Service.