I. GENERAL PROVISIONS

§ 1. Definitions

Terms used in these Terms and Conditions are given the following meanings:

1. Service Provider – KJOW Sp. z o.o. with its registered office in Pruszków, ul. Marii 17/25, 05-803 Pruszków, registered in the National Court Register maintained by the District Court for the Capital City of Warsaw, 14th Commercial Division, under KRS number 0000321131, Tax ID (NIP) 1181976336, REGON 141654548.

2. User – a natural person or entity with limited legal capacity who has registered on the Website and accepted these Terms and Conditions.

3. Consumer – a natural person entering into a legal transaction with the Service Provider not directly related to their business or professional activity, within the meaning of Article 221 of the Civil Code.

4. Website – the website available at www.Fresh-Market.pl, providing information services related to the fruit and vegetable industry.

5. User Account – a unique account identifying the User on the Website, accessible by providing an email address and password.

6. Free Services – content available to all registered Users free of charge.

7. Paid Services – services available only to Users who have entered into a subscription agreement and paid the fee.

§ 2. Nature of the Website

The Website is an online platform of an informational nature, enabling Users to access:

Current information from the fruit and vegetable industry;
Price quotations for fruits, vegetables, and flowers;
Market reports and analyses;
Calendars of industry conferences and meetings.

II. TERMS OF SERVICE PROVISION

§ 3. Registration and User Account

8. Registration on the Website is free and voluntary. By registering, the User consents to the processing of their personal data in accordance with § 10 of these Terms and Conditions.

9. Registration for natural persons requires providing: first name, last name, email address, phone number, and creating a password.

10. Registration for legal entities additionally requires: company name, Tax ID (NIP), full registered office address, and REGON number.

11. The User is responsible for the confidentiality of the password and all actions taken on their Account. The User should immediately inform the Service Provider of any suspected unauthorized access.

12. The User undertakes to provide only true, complete, and current information. Providing information inconsistent with actual facts constitutes grounds for Account deletion.

§ 4. Free Services

13. Every registered User has access to Free Services.

14. The Service Provider reserves the right to change the scope of Free Services without prior notice, except where the change would involve complete restriction of access to a given service.

15. The Service Provider is not liable for interruptions in access to Free Services due to reasons beyond the Service Provider's control.

§ 5. Paid Services and Subscription

16. Paid Services include access to: Price tables at procurement centers and processing plants, Online price tables, Price archives, Expert reports, Market analyses, and other content marked as paid.

17. Access to Paid Services requires entering into a subscription agreement and paying the fee. The agreement is concluded through the Order Form available at www.sklep.Fresh-Market.pl.

18. Subscriptions may be monthly, annual, or for another period specified on the Website. The current price list is available at www.sklep.Fresh-Market.pl.

19. In the case of a subscription with automatic renewal option, the User provides express and separate consent. The User may disable automatic renewal at any time in their Account or by contacting the Service Provider.

20. Payments are processed by PayU S.A. Full payment terms are contained in Appendix No. 1 to these Terms and Conditions.

21. Access to Paid Services is activated within 24 hours of payment confirmation.

22. The Service Provider reserves the right to change prices for Paid Services. Price changes apply to the User only for new subscriptions or upon renewal of an existing subscription. The User will receive notification of a price change at least 14 days before it takes effect.

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

§ 6. User Rights

Every User has the right to:

Access Free Services on terms specified in the Terms and Conditions;
Enter into a subscription agreement for Paid Services;
Unregister from the Website at any time without stating a reason;
Submit complaints regarding the Services provided;
Access their personal data, and have it corrected, deleted, or transferred;
Withdraw consent to personal data processing.

§ 7. User Obligations

The User undertakes to:

Use the Website only for purposes permitted by law and these Terms and Conditions;
Not take actions that could compromise Website security, in particular: not conduct DDoS attacks, not introduce malicious software, not conduct scraping or data harvesting;
Not infringe intellectual property rights, in particular: not distribute content without consent, not create copies for commercial purposes;
Not share login credentials and password with third parties or allow others to use their own Account;
Not publish offensive, discriminatory, abusive content that violates law or public morals;
It is prohibited to create permanent or systematic copies of data, including copying tables, archives, and price compilations, regardless of the download method;
Not send spam or promotional materials without consent;
Immediately inform the Service Provider of any Account security breach.

§ 8. Rights and Obligations of the Service Provider

The Service Provider has the right to:

Temporarily suspend access to the Website for maintenance, updates, or security improvements. The Service Provider will notify of planned interruptions at least 24 hours in advance;
Delete the Account of a User who violates the Terms and Conditions. In case of a violation that can be corrected, the Service Provider will send a warning. In case of repeated violation or serious violation, the Account may be immediately deleted without possibility of restoration;
Change the Website content, scope of Free Services, and terms of service provision;
The Service Provider may restrict access to Services if necessary for security, maintenance, or preventing abuse;
Process User data in accordance with § 10 of these Terms and Conditions;
Publish information about security breaches and actions taken in connection with violations.

IV. CONTENT POSTED ON THE WEBSITE

§ 9. Copyright and Licenses

23. All content posted on the Website, including reports, analyses, price quotations, articles, and graphics, are the property of the Service Provider or its licensors and are protected by copyright law.

24. The User may download and store Website content only for their private, non-commercial use. Any other use of content requires written consent from the Service Provider.

25. It is prohibited to copy, distribute, modify, publish, or trade content from the Website without written consent from the Service Provider.

26. Databases, compilations, and price archives constitute a protected database within the meaning of the Database Protection Act.

27. A User posting comments or opinions grants the Service Provider a non-exclusive license to use, publish, and modify them for Website purposes.

28. The Service Provider reserves the right to remove any content posted by a User without prior notice if it constitutes a violation of copyright, personal rights, or legal provisions.

§ 10. Comments and User Materials

29. The User is solely responsible for the content of all comments, opinions, and materials published on the Website.

30. The Service Provider is not obligated to moderate content in real time but reserves the right to remove comments that violate law, public morals, or these Terms and Conditions.

31. The User undertakes not to publish content containing: insults, discrimination, spamming, phishing, fraud, personal data of other persons without their consent, or illegal materials.

V. LIABILITY AND LIMITATION OF LIABILITY

§ 11. Limitation of Liability

32. The Service Provider will make every effort to ensure Website availability and information accuracy, however, it does not guarantee uninterrupted Website operation or error-free information provided.

33. Information, data, and price quotations published on the Website are for informational purposes only and do not constitute trade, investment, or advisory recommendations. The User uses data at their own risk and responsibility.

34. The Service Provider is not liable for:

Losses resulting from Website use, including data loss, commercial losses, lost profits, or other indirect losses;
Temporary Website unavailability, interruptions, or technical errors resulting from reasons beyond the Service Provider's control, in particular: attacks on the Website, internet provider failures, hardware problems;
Content of materials published by Users;
Actions of third parties, including hackers, resulting from reasons beyond the Service Provider's control;
Accuracy, timeliness, and completeness of price information, which may change without notice.

§ 12. Liability Exclusion

35. The above liability exclusions do not apply to cases where liability exclusion would be prohibited under applicable law, particularly with respect to consumers. In such cases, the Service Provider's liability is limited to the amount paid for the given Paid Service within the last 12 months, but not less than PLN 100.

VI. RIGHT OF WITHDRAWAL (FOR CONSUMERS)

§ 13. Right to Withdraw from Contract

36. A Consumer who has entered into a subscription agreement has the right to withdraw from the contract within 14 days of its conclusion, without stating a reason.

37. The right of withdrawal expires when the Consumer begins using Paid Services by downloading or accessing digital content.

38. To exercise the right of withdrawal, the Consumer should send a written statement to: redakcja@fresh-market.pl or by mail to: KJOW Sp. z o.o., ul. Marii 17/25, 05-803 Pruszków.

39. The statement must be sent within 14 days of contract conclusion. What matters is the time of sending the statement, not its receipt.

40. In case of withdrawal from the contract, the Service Provider will refund all payments made within 14 days of receiving the withdrawal statement.

41. The refund will be made to the same bank account or payment method from which the payment originated, unless the Consumer explicitly indicates another solution.

VII. COMPLAINTS AND DISPUTE RESOLUTION

§ 14. Complaint Procedure

42. A User may submit a complaint regarding Services provided within 30 days from the day when the reason for complaint was revealed.

43. A complaint should contain at least:

Full User details (first and last name, address, email address);
Detailed description of the problem;
Date when the problem occurred;
Remedy requested by the User (repair, refund, etc.);
Evidence confirming the problem's existence.

44. Complaints should be submitted in writing to: redakcja@fresh-market.pl or by mail: KJOW Sp. z o.o., ul. Marii 17/25, 05-803 Pruszków, with "COMPLAINT" written on the envelope.

45. The Service Provider will consider the complaint within 14 business days of its receipt and send a response to the User's email address.

46. If the complaint requires additional investigation, the Service Provider may extend the consideration period to 30 days, of which the User will be notified.

§ 15. Dispute Resolution and Jurisdiction

47. All disputes arising from these Terms and Conditions will be resolved under Polish law.

48. Polish courts have jurisdiction for dispute resolution, particularly the court with jurisdiction over the Service Provider's registered office (District Court for the Capital City of Warsaw).

49. Consumers have the right to free access to out-of-court consumer dispute resolution procedures, which can be found at www.uokik.gov.pl.

50. The Service Provider undertakes to fair trade practices and full compliance with obligations arising from consumer protection laws.

VIII. PERSONAL DATA PROTECTION

§ 16. Personal Data Processing

51. The Service Provider processes Users' personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Personal Data Protection Act.

52. The data controller is: KJOW Sp. z o.o., ul. Marii 17/25, 05-803 Pruszków, email: ido@kjow.pl

53. Personal data is processed for purposes of:

Enabling access to the Website and Services;
Performing the subscription agreement;
Communication with the User;
Direct marketing (only with User consent);
Website security and implementation of legal obligations;
Analytics and market research (anonymized).

54. Data will not be transferred to third parties without express consent, except to:

Payment operators (for payment processing);
Service providers (hosting, analytics, backup);
Public authorities, as required by law;
Service Provider partners, only for joint marketing campaigns (with expressed consent).

55. The User has the right to:

Access their data;
Correct data;
Delete data ('right to be forgotten');
Restrict processing;
Data portability;
Withdraw consent to processing;
Lodge a complaint with the Inspector General for Personal Data Protection.

56. Requests regarding GDPR rights should be directed to: ido@kjow.pl

IX. SECURITY AND PROTECTION

§ 17. Website Security

57. The Service Provider implements standard security measures, including SSL/TLS encryption, firewalls, and threat detection systems.

58. The User undertakes to secure their own Account by: using strong passwords, not sharing passwords, logging out of the Website.

59. In case of suspected security breach, the User should immediately notify the Service Provider.

60. The Service Provider reserves the right to temporarily block an Account in case of suspected unauthorized access.

X. FINAL PROVISIONS

§ 18. Amendment of Terms and Conditions

61. The Service Provider reserves the right to amend the Terms and Conditions. Amendments take effect 30 days after publication of the new version at www.Fresh-Market.pl.

62. In case of significant changes (e.g., price increases), the Service Provider will inform Users electronically at least 30 days before the changes take effect.

63. If a User does not agree with the changes, they have the right to unregister from the Website without any penalties, provided they do so before the changes take effect.

§ 19. Entry into Force and Transitional Provisions

64. These Terms and Conditions enter into force on December 1, 2025.

65. For Users registered before these Terms and Conditions enter into force, a transitional provision applies: Users will receive 14 days to accept the new terms. In case of non-acceptance, the Account will be deleted.

66. Provisions of the previous Terms and Conditions regarding Paid Services paid for before these Terms and Conditions enter into force remain in effect until the end of the subscription period.

§ 20. Website Activities

67. The Website www.Fresh-Market.pl provides services exclusively for matters related to fruit and vegetable trade and related agricultural-commercial markets.

68. The User may not use the Website for other purposes without written consent from the Service Provider.

§ 21. Contact

For matters related to the Terms and Conditions and Services, please contact:

KJOW Sp. z o.o.

Address: ul. Marii 17/25, 05-803 Pruszków

Email (General): redakcja@fresh-market.pl

Email (GDPR): ido@kjow.pl

Phone: available on the website

APPENDIX NO. 1 – INFORMATION SERVICE REGULATIONS

www.sklep.Fresh-Market.pl

§ 1. General Provisions

69. These regulations define the terms of sale of Paid Services through the information service www.sklep.Fresh-Market.pl.

70. The information service is operated by PayU S.A.

71. The purchase of Paid Services is governed by these regulations together with the Main Regulations of www.Fresh-Market.pl.

§ 2. Order Procedure

72. The User selects the desired Subscription (type and period).

73. The system redirects the User to the PayU page for payment processing.

74. The User selects a payment method and makes the payment.

75. After payment confirmation, the User receives an email confirmation.

76. Access to Paid Services is activated within 24 hours.

§ 3. Payment Methods

77. Payments accepted by PayU include:

Electronic transfers from Polish and foreign banks;
Visa and MasterCard credit and debit cards;
Digital wallets (Google Pay, Apple Pay);
Other methods made available by PayU.

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§ 4. Automatic Renewal

78. Subscriptions may be configured with an automatic renewal option.

79. The User must expressly consent to automatic renewal. This consent is separate from consent to make the first payment.

80. Payment for renewal is automatically charged on the anniversary date of the previous payment.

81. The User may disable automatic renewal at any time by logging into their Account and changing settings or by contacting the Service Provider.

82. After disabling automatic renewal, the Subscription expires at the end of the current period.

§ 5. VAT Rates

83. VAT is added to the prices of Paid Services according to the rate applicable at the time of purchase.

84. For Consumers, the VAT rate required by Polish law applies. For EU entities – the VAT rate of the country of registered office. For non-EU entities – without VAT (may be required to register for VAT in their own country).

§ 6. Price Changes

85. The Service Provider may change prices for Paid Services with notification to the User at least 30 days in advance.

86. The new price applies to new Subscriptions and upon automatic renewal.

87. If the User does not agree with the price change, they have the right to unregister before the change takes effect.

§ 7. Financial Information

88. The Payment Operator (PayU S.A.) processes payments. Details at https://www.payu.pl/

89. PayU S.A. is a domestic payment institution supervised by the Polish Financial Supervision Authority.

90. User financial data is not stored by the Service Provider – it is processed exclusively by PayU.

91. The User is responsible for the accuracy of banking data provided in payment forms.

§ 8. Returns and Refunds

92. In case of a refund, the amount will be transferred to the same bank account or payment method from which the funds originated, within 14 business days.

93. In case of a refund for a Subscription, the number of days for the refund is counted from the date of refund confirmation by the Service Provider, not from the date of the refund request.

94. Transaction fees charged by PayU or the bank will not be refunded unless required by law.

§ 8a. Extraordinary Use of Services

95. The Service Provider is authorized to monitor the manner of using the Website and Services, particularly the number of logins, number of devices, and scope of data downloaded, solely for the purpose of ensuring Website security, preventing abuse, and proper billing of Services provided.

96. If the Service Provider determines that a User is using the Account or Services in a manner exceeding ordinary, private use, particularly when:

data from the Website is used for commercial, analytical, or professional purposes exceeding the standard subscription scope,
more than one person uses a single Account or there is login activity from an excessive number of devices,
automatic data downloading tools are used (including scraping, bots, scripts, integration systems),
generated traffic significantly exceeds typical usage for a standard User,

the Service Provider may consider such use as extraordinary.

97. In cases referred to in point 96, the Service Provider has the right to:

contact the User to clarify the manner of using the Services,
propose a change to a commercial plan or charge a higher fee corresponding to the actual scope of Service usage,
temporarily restrict access to the Account or selected Services until the User accepts new terms,
in case of refusal to accept new terms – terminate the Service agreement and delete the Account, with preservation of Consumer rights under applicable law.

98. Charging a higher fee or changing the subscription plan, as referred to in point 97(b), occurs after prior notification to the User about the identified manner of using the Services, proposed terms, and the date they take effect.

§ 9. Support and Complaints

99. For payment-related matters – contact PayU: https://www.payu.pl/kontakt

100. For Service-related matters – contact the Service Provider: redakcja@fresh-market.pl

101. In case of payment error or problems, please contact the Service Provider immediately.

This English version of the Regulations is a translation of the original Polish version. The Polish version of the Regulations is the legally binding version applicable to FreshMarket and fresh-market.pl. In the event of any discrepancies or doubts regarding interpretation, the Polish version shall prevail. https://www.fresh-market.pl/inne/2089925340

TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES

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