Postage stamps catalogue to make stamp exchange easy

GENERAL PROVISIONS

§1. Introduction

The following Regulations define the scope and conditions of functioning of the JOYSTAMPS website.

§2. Definitions

The terms used in the present Regulations have the following meaning:

• JOYSTAMPS - philatelic online service run by JOY, a company registered in Poland, with its head office in Warsaw, at ul. Wrocławska 10C, entered in the Business Activity Register under number 452386. Hereinafter the term “JOYSTAMPS” will equally refer to “JOY”.
• ITEM – a stamp, a sheetlet or any other philatelic item, which can be subject to transactions in JOYSTAMPS, in accordance with the present Regulations.
• USER – any natural or legal person or any organizational unit without legal personality, who – having undergone the registration procedure – has access to services offered by JOYSTAMPS and in particular can participate in transactions on the JOYSTAMPS website, create one's own virtual catalogue as well as to put up items for sale/ exchange.
• MODERATOR – the User with special rights, authorized to verify changes in descriptions of items entered by other Users.
• TRANSACTION PARTY – a user who participates in the transaction procedure.
• transaction – a procedure whose purpose is to establish price/item or item/item relation, which will be accepted by both transaction parties, resulting in sale or exchange.

§3. Transaction types

1. JOYSTAMPS makes possible two types of transactions. In both cases JOYSTAMPS offers access to its website in order to enable a User of JOYSTAMPS services to conduct a transaction whose purpose is to exchange his/her items for another User’s items or to sell them to other Users.
2. Types of transaction are defined as: exchange transaction and sale transaction.

§4. Conditions of participation

1. Any natural or legal person or any organizational unit without legal personality who owns an email account can be a User.
2. Natural persons must be of age in order to become Users.
3. Information about the item being put up for sale/exchange, which is entered by Users, is public, made publicly known on the JOYSTAMPS website next to the item concerned.
4. Any activities that threaten to hamper or destabilize the functioning of the website are prohibited. If it has been observed that a given User conducts such an activity, JOYSTAMPS will block this User’s account without delay. In this case JOYSTAMPS will also undertake the necessary legal action aimed at compensating the damage done by the User. Any User’s activity threatening to destabilize the website can also be interpreted as a criminal offence in accordance with the penal code provisions.

§5. Registration

1. Registration of a natural person whishing to use the services of JOYSTAMPS takes place once the User has given his/her email address, name under which the User whishes to be known in JOYSTAMPS, password, country and, optionally, other data contained in the registration form.
2. At the moment of registration the User consents to the publishing and processing of his/her personal data by JOYSTAMPS, in accordance with the conditions specified in the Privacy Policy, which constitutes Annex No. 1 to the present Regulations. Any and all personal data published by the User will be processed in accordance with the Polish law and in particular with the Personal Data Protection Act.
3. Information given in the form will be used by JOYSTAMPS for the purpose of indispensable contacts with the Users as well as in order to better adapt the presented content to the needs and interests of Users.
4. An email address of the User who initiates contact with another User via the JOYSTAMPS website is transmitted to the latter in order to make possible further email contact outside the JOYSTAMPS website.
5. The User has right to access and correct his/her personal data via the JOYSTAMPS website. The User has right to demand that his/her personal data be deleted from the database. JOYSTAMPS may refuse to delete the personal data exclusively in legally justified cases.
6. It is prohibited to use the accounts of other Users as well as to cede one’s own account to other persons.

§6. Privacy

Privacy Policy of JOYSTAMPS has been presented in Annex No. 1 to the present Regulations. By accepting the conditions of the present Regulations, the User consents to the way JOYSTAMPS handles the transmitted data in accordance with this policy. JOYSTAMPS will not use any data for any other purposes than those specified in the Privacy Policy. The disclosure of data may take place exclusively if it is required by the law.

§7. Confidentiality

1. Every User undertakes not to disclose any information concerning other Users that he/she has acquired as a result of using the JOYSTAMPS services or has received from JOYSTAMPS or from another User (including among others: the use of email addresses for the purpose of spamming or persecution).
2. Without authorization from JOYSTAMPS it is prohibited to disclose and use information accessible exclusively to the Users.

§8. Course of transaction

1. The User puts his/her items up for sale (specifying the expected price) or exchange.
2. Every website User has right to make reservation on items of a given User, thus initiating a transaction.
3. Until the transaction has been confirmed by both transaction parties, they can – in mutual agreement – freely modify the transaction by adding or deleting items. Moreover, either of the parties can cancel the whole transaction.
4. Confirmation of the transaction by both parties is binding and can be withdrawn exclusively by common assent of both parties.
5. Transaction details, in particular the way items will be transmitted, the coverage of delivery costs, the exchange transaction, the payment method and time limit, will be established together by the transaction parties outside the JOYSTAMPS website. Before confirming the transaction, the User should ensure that all details have been agreed upon.

§9. Taxes, prices

1. Prices of items specified by Users are gross prices, i.e. they include the tax on goods and services – VAT (whenever obligatory).

§10. Fees and commissions

JOYSTAMPS will not collect any fees or commissions, in particular JOYSTAMPS will not charge any fees or commissions for transactions conducted by Users.

§11. Liability of JOYSTAMPS

1. JOYSTAMPS bears no responsibility for Users’ actions or items offered by them for sale.
2. JOYSTAMPS bears no responsibility for the quality, safety or legality of items offered via the website, or for the truthfulness or reliability of their descriptions, the Users’ ability to sell them or solvency of Users making reservations on items. As far as possible JOYSTAMPS will try to verify the data concerning the items as well as take all the necessary measures in order to eliminate any activities that are illegal or inconsistent with the present Regulations.
3. JOYSTAMPS has no possibility of supervising the completion and correctness of transactions concluded via the website.
4. JOYSTAMPS bears no responsibility for any transactions concluded via JOYSTAMPS, nor for any claims connected with items offered on the website, including those concerning a discrepancy between items and their descriptions as well as the price offers.

§12. System of comments

1. A function called “Enter comment” has been made available to Users. Thanks to this function Users can express their opinions about the course of transaction.
2. The person issuing an opinion is responsible for its content. The opinions should be accurate, honest and their content cannot violate the law.
3. The comments cannot contain:
   1. vulgar words, obscene or pornographic materials or incitement to hatred, racism, xenophobia and conflicts between nations;
   2. another person’s contact data (including their name, surname, place of residence, telephone number or email address);
   3. exclusively advertising information;
   4. website addresses.
4. On JOYSTAMPS there is a general principle of no interference with the entered comments. However, in order to avoid any misuse, JOYSTAMPS has right to delete or change the content of comments (it also concerns responses to comments).
5. Any actions aimed at enhancing artificially the credibility by increasing the number of points for positive comments are prohibited.

§13. Exclusion of Users

1. JOYSTAMPS reserves the right to suspend an account of the User who has violated any of the provisions of the present Regulations, in particular by spamming, advertising competitive websites and using words generally esteemed to be offensive.
2. The person whose account has been suspended cannot register anew without prior consent of JOYSTAMPS.
3. JOYSTAMPS reserves the right to suspend an account of the User whose actions have been deemed harmful to JOYSTAMPS.

TRANSACTIONS

§14. Role of JOYSTAMPS

1. Items offered on the website are put up for sale or exchange by Users. JOYSTAMPS is not a transaction party and it only makes available the technical means required to conduct a transaction.
2. JOYSTAMPS does not verify all the items offered on the website; however, it reserves the right to delete any item violating the provisions of the present Regulations or the binding law.
3. JOYSTAMPS reserves the right to delete any item that negatively affects the website image.

§15. Responsibilities of the transaction parties

1. The User will do his/her best to ensure that items offered by him/her are truly in his/her possession.
2. All contractual conditions valid for a given transaction will be defined by the party whose items constituting the object of transaction are offered on JOYSTAMPS. This User, rather than JOYSTAMPS, is obliged to inform the other transaction party about these conditions prior to confirming the transaction. Conditions are subject to negotiations between the transaction parties.
3. Conditions mentioned in paragraph 2 should be consistent with the present Regulations and in accordance with the Polish binding law.

§16. Legality of transaction

1. By offering items on JOYSTAMPS the User declares that he/she is authorized to transfer the property rights for these items to any person acquiring them in the transaction procedure.
2. JOYSTAMPS can contact the police or a public prosecutor if there is a suspicion that the offered items have been obtained as a result of a criminal offence or that the User has committed a criminal offence prosecuted ex officio.

§17. Prohibited items

1. It is prohibited to put up for sale on JOYSTAMPS any items in the case of which trading would violate the law, the rights of third parties or the binding policy of JOYSTAMPS (presented in the Regulations). In particular it is prohibited to offer forgeries and counterfeits.
2. If the prohibition specified in paragraph 1 has been violated, JOYSTAMPS has right to delete the item from its website.

§18. Description of items

1. Items which are to be subject to JOYSTAMPS services should be described thoroughly. The User offering an item is responsible for any mistakes and inaccuracies of this description. In particular the actual condition of the item should be described in a complete and thorough way which will not mislead other Users.
2. Description of a given item should refer only to the offered specimen. This description cannot serve as means of communication between Users or advertisement or way to promote goods and services offered outside JOYSTAMPS.
3. It is User’s responsibility to ensure that neither the sale of items or descriptions created by the Subscriber, nor any other activities or information will violate the biding law.
4. The offered item should be unambiguously defined.
5. Items whose condition is difficult to determine should be described as “damaged”.
6. While offering an item, its condition should be evaluated on a 5-point scale. 5 points should be attributed exclusively to new, unused, undamaged items with original gum. Stamped items can receive maximum of 4 points.

FINAL PROVISIONS

§19. Intellectual property rights of JOYSTAMPS

The User agrees that all copyrights, trademarks, user accounts and other intellectual property rights connected with the website belong to JOYSTAMPS. It is prohibited to use any of these rights or JOYSTAMPS services for purposes other than those specified in the present Regulations.

§20. Changes in the Regulations

1. JOYSTAMPS reserves the right to change the content of the present Regulations and to launch a new version of JOYSTAMPS services.

§21. Litigation

Any disputes arising in connection with the services provided by JOYSTAMPS will be resolved by a court having jurisdiction over the registered office of JOYSTAMPS.

§22. Validity

If any of the provisions of the present Regulations has been deemed invalid or impossible to execute under legal judgment, the other provisions will still be valid and will remain in force.

§23. Annexes

By accepting the content of the present Regulations, the User also acknowledges and accepts the content of the annexes:
Annex No. 1 - Privacy Policy