Terms of Service

The platform www.brikido.com (as well as www.brikido.pl and www.brikido.eu) is provided by Brikido Sp. z o.o. (further Brikido), a company operating under Polish law with its registered office in Warsaw (Świeradowska 47 Street, 02-665 Warsaw, Poland), TAX ID NIP: 5213974585, REGON: 52244558300000, registered by the National Court Register under the number: 0000977295, share capital in the amount of: PLN 75000, contact details

e-mail: 81868e87a88a9a8183818c87c68b8785
telephone number: c3dcd0ddd8dcdbd8dbd9dbdf

I. Definitions
a) Administrator – Brikido
b) Instruction – a pictorial representation of how to construct the (3D) Object, delivered to the Customer under the Agreement in digital form – by making it available for viewing on the Platform.
c) Customer – Consumer with an Account, concluding an Agreement with Brikido based on the Order.
d) Bricks – toy bricks from the world’s most popular manufacturer of bricks (or bricks compatible with them).
e) Small bricks – in order to reproduce the shape of the figures being built as accurately as possible, Brikido algorithm uses relatively many smaller bricks that reflect detailed shapes. These bricks (sizes 1×1, 1×2, 1×3, 1×4) will be called Small Bricks. In order to confirm that the Customer could create a given Object, the number of Detailed Bricks in the Bricks Collection is verified.
f) Bricks collection (also Collection)– Bricks owned by the Customer.
g) Consumer – a Customer who is a natural person concluding the Agreement for purposes not directly related to his/her business or professional activity.
h) Account – a function of the Platform that allows you to place an Order and conclude an Agreement.
i) Basket – a space on the Platform where the Customer can add planned Objects to the Order.
j) (3D) Object – a spatial form that can be built from bricks owned by the Customer, which is the subject of the Order.
k) Platform – an internet portal operating at www.brikido.pl (as well as www.brikido.com and www.brikido.eu), where, after prior Registration, the Customer may place an Order for the Service.
l) Terms of Service – these Terms of Service for the provision of Brikido services electronically / Terms of Service of brikido.com Platform (as well as www.brikido.eu and www.brikido.pl) available on the Platform’s website.
m) Agreement – a legal relationship between the Customer and Brikido, concluded on the basis of the Agreement and after the Customer places an Order.
n) Agreement for the provision of electronic services – a legal relationship concluded between the Customer and Brikido when the Customer creates an Account.
o) Service – execution of the Instruction by Brikido.
p) Order – the Customer’s decision to purchase the Service and conclude the Agreement.

II. General issues
a) The Platform is a place where the Customer, after creating an Account, has the opportunity to generate Instructions for building an Object (selected from the database of Objects available on the Platform), using the Bricks possessed by the Customer.
b) Under the Agreement, the Customer acquires the right that the Platform generates the Instruction ordered by the Customer from these bricks. The Object construction instructions will be available to the Customer only via the Platform, without the possibility of downloading, printing or sending them.
c) The Platform and all solutions covered by it are subject to copyright and proprietary rights of Brikido. Any violation of these rights will be subject to civil or criminal investigation.
d) The Platform is intended only for Consumers to use it for private purposes, without any connection with the Consumers’ business activity. Via the Platform Brikido does not provide any Services to entrepreneurs.
e) Brikido allows the conclusion of the Agreement and the Agreement for the provision of electronic services only with Customers from EU27 member states, Switzerland, Canada, Australia, UK, Japan, USA (however excluding the following 14 states: Arkansas, Georgia, Hawaii, Kentucky, Maryland, Minnesota, Nebraska, New Jersey, North Carolina, Ohio, Rhode Island, Utah, Vermont, Washington DC)
f) Brikido indicates that the use of electronic services may involve the Customer’s risk of hacker attacks on Brikido, including hacking into Brikido databases. Using the Internet also carries the risk of installing various types of viruses, spyware, Trojans, etc. Brikido takes the necessary actions to protect the Customer against the above-mentioned activities and minimize the above-mentioned risks.
g) Using the Platform is possible after meeting the technical conditions described later in the Terms of Service.
h) The Customer may contact Brikido by e-mail, post or telephone – using the Brikido data indicated in the Definitions of the Terms of Service.

III. Creating an Account
a) Creating an Account is the condition for using the Platform.
b) In order to create an Account, the Customer is obliged to provide the following data: e-mail. The login is the Customer’s e-mail address.
c) After providing the above data, the Customer will receive an email containing an authentication link which allows him/her to set a password to Customer Account . After clicking on the above authentication link and setting a new password, the Customer Account will become active.
d) After the Customer activates the Account, an Agreement for the provision of electronic services is concluded between the Customer and Brikido. The contract for the provision of electronic services is concluded for an indefinite period and may be terminated at any time by Brikido or the Customer.
e) The Customer may close the Account by sending Brikido an e-mail to the address provided in the Terms and Conditions with a request to delete his/her Account. Deleting the Account is equivalent to terminating the Agreement for the provision of electronic services by the Customer. After deleting the Account, the Customer loses the ability to view any previously purchased Instructions.
f) To create an Account and proper functioning of the Platform, it is necessary to use a generally available web browser in the current version.
g) By using the Account, the Customer is not entitled to provide illegal content or to use the Platform for purposes inconsistent with applicable law, the provisions of the Agreement or the provisions contained in the Terms of Service.

IV. Service ordering procedure
a) Defining user bricks

Placing an order is possible if the Customer declares that he/she has the required number of Bricks and Detailed Bricks as part of his/her Bricks Collection. This declaration takes place in My Brikido / My Bricks section.
The customer can define his/her own Brick Collection in several ways:
(i) indicating the specific sets he/she has (in My Sets of Bricks section)
(ii) indicating the individual bricks he/she has, grouping them into the so-called virtual bags (in My Bags section)
(iii) estimating the number of bricks using the so-called Boxes (in My boxes of bricks section) if the customer is not sure exactly how many bricks he/she has and what sets he/she has. The estimation involves the Customer providing the estimated volume of his/her Bricks, which fit into a tank measuring 30.0cm x 20.0cm x 12.0cm, with a capacity of approximately 7 liters (“Box”). Estimating the number of bricks owned is the fastest method of defining the Customer’s Brick Collection, however, it does not guarantee that such an estimate will reflect the precise number of the Customer’s bricks.
Combinations of the three above methods are possible. Brikido adds up the number of bricks declared in the above three ways.
Brikido allows you to use only part of your Collection of bricks for a specific order – each Set, Bag or Box can be activated or deactivated by the Customer before placing the Order.

b) Object Configuration

The Customer selects a 3D model of the (3D) Object available on the Platform for which he or she wants to order Instructions.
First, the selected (3D) Object model is presented to the Customer.
After accepting the Object model, the Customer will be presented with a design of the Object made of individual 1×1 Bricks,
After accepting the above-mentioned Object design, the Customer is able to change the view and check the appearance of an exemplary Object – that is, a model selected by the Customer composed of sample Bricks (which do not have to correspond to the bricks from his Bricks Collection).
In the next stage, the Customer is obliged to select the size of the Object from those defined in the Platform. At this stage, the Customer can obtain a preview of the Object in the form of a 3D model, the Object made of individual 1×1 Bricks and the appearance of the Object composed of sample Bricks.
During all steps of Object configuration, the Customer is presented with a table/a comparison that presents the volume of Bricks and the volume of Detailed Bricks necessary to order the Object with the same parameters from his/her Bricks Collection. If the Customer has too few of any category of Bricks, the order cannot be completed and the Customer should either reduce the size of the Object to be ordered or define additional Sets/Bags/Boxes in My Brikido section.
The Instruction prepared for the Customer will only include bricks with the following dimensions: Flat bricks, the so-called tiles or Plates 1×1, 1×2, 1×3, 1×4, 1×5, 1×6, 1×8, 1×10, 1×12, 2×2, 2×3, 2×4 , 2×6, 2×8, 2×10, 2×12, 2×14, 2×16, 3×3, 4×4, 4×6, 4×8, 4×10, 4×12 and ‘thick’ Bricks, so-called bricks or Bricks 1×1, 1×2, 1×3, 1×4, 1×6, 1×8, 1×10, 1×12, 1×16, 2×2, 2×3, 2×4 , 2×6, 2×8, 2×10, 4×6, 4×10, 4×12, 4×18, 8×8, 8×16, 12×24 and assuming that a single flat Brick (1×1) Plate type has dimensions 0.8 x 0.8 x 0.32 cm. The instructions will not reflect the colors of the bricks owned by the customer.

c) Adding an Item to the Cart

After completing the activities described in points a-b) above, the Customer adds the Item to the Cart.
The Customer may have more than one Object in the Cart, but the Order must be placed for all Objects currently in the Cart, and the Objects must differ from each other (shape or size), as it is impossible to order two identical objects because their Instructions would be identical.
To place an Order, the Customer must go to the Cart, where he or she can verify its contents again. Then, in order to finalize the Order, the Customer is obliged to use the button: “I order with the obligation to pay”. After passing this stage, it is not possible to change the Order (subject to further provisions regarding withdrawal from the Agreement).

d) Payment:

Before making the payment, the Customer is obliged to provide his/her name, surname, country of residence (for the United States – also state) and his/her address (street with house number, city and zip code).
any prices on the Platform are given in Polish zlotys, euros or US dollars and include all public law charges (gross prices),
Before making the payment, the Customer is obliged to accept the Terms of Service and the Privacy Policy,
Brikido requires the customer’s declaration as follows: “I consent that Brikido will render the service under the current contract before withdrawal period expiration which is equivalent to my loss of the right to cancel the contract.”
making a payment is possible through the payment service providers indicated on the Platform, after accepting the documents or consents required by them, after providing additional data required by these providers (e.g. payment/credit card numbers or e-mail address) or performing appropriate login activities (e.g. to banking portals),
the main provider of payment services on the Platform is PayU,
once the Customer obtains payment confirmation, the Agreement is concluded,
After concluding the Agreement, Brikido will provide the Customer with confirmation of the conclusion of the Agreement. The Customer will also receive via email a personal invoice for the Order.

e) Providing the Customer with the Instructions

After concluding the Agreement, an algorithm generating the Instructions is launched.
The time needed to generate Instructions varies, depending on the complexity of the Object. The maximum time for generating Instructions is 24 hours. When placing the Order, the Customer will receive information about the approximate time of generating the Instructions.
In some cases, it may occur that despite the conclusion of the Agreement, the Instruction will not be possible to generate (e.g. due to the inappropriate composition of the bricks owned by the Customer or technical limitations of the algorithm). In such a case, Brikido will inform the Customer about the above and will refund the payment within 14 days from informing about the inability to generate the Instructions, which will be equivalent to termination of the Agreement. If the Customer has placed an Order for more than one (3D) Object, and the inability to generate the Instruction applies only to part of the Order, the Agreement is terminated only with respect to these Objects for which it was not possible to generate the Instruction.
After generating the Instructions, the Customer will receive notification to the e-mail address provided on the Platform. Once the Instructions are made available to the Customer, the Agreement is executed by Brikido.
The Customer will have the opportunity to use the purchased Instructions throughout the entire period of having the Account, but no longer than up to 2 years after the last login to the Account. The Customer will not be able to download the Instructions or export it from the Platform in any other way.
The instructions will include consecutive construction steps of the (3D) Object, and at each step the bricks necessary to be used will be marked. Each subsequent stage includes no more than 5 bricks necessary to use.
The Customer is not entitled to grant third parties access to the Account, reproduce the Instructions or otherwise distribute them.

V. Brikido’s responsibility
a) Brikido makes every effort to ensure that (i) the Instructions reflect the maximum similarity to the Objects ordered by the Customer and (ii) are feasible – that is, the construction of the Objects based on the Instructions is technically possible and all bricks used to build the Object are connected together. For the proper performance of the Agreement, it is not necessary for the Object to be identical to the Object presented to the Customer at the time of placing the Order.
b) In rare cases, the necessary brick to add may not be visible within the Instructions. In such a case, in the event of difficulties with the construction of the (3D) Object, the Customer has the opportunity to ask Brikido for support. The lack of visibility of a given Brick does not constitute an incorrect Instruction.
c) To the fullest extent permitted by law, Brikido’s liability for the performance of the Agreement is limited to the price paid by the Customer for a given (3D) Object.
d) Brikido reserves the right to introduce technical breaks in the operation of the Platform, during which it will not be available. Brikido ensures the availability of the Platform for at least 90% of days per year.
e) Brikido is not responsible for:

the Customer’s failure to meet the technical requirements for the operation of the Platform on his computer,
lack of understanding by the Customer of the correctly generated Instruction,
lack the Client’s skills in creating buildings from bricks,
lack of availability or failure of external servers used by Brikido,
server overload,
cases of force majeure (such as disasters, wars, epidemics, strikes, social riots, legal acts issued by authorized bodies, etc.) preventing the execution of the Agreement,
how the Customer uses the Instructions,
inability of Customer to complete the Object based on the Instructions if the Customer chooses the option of estimating the Bricks (provided that the exclusion of liability applies to the case when the Instructions were generated correctly, but the Customer did not have the Bricks necessary to complete the Object).

VI. Withdrawal from the Agreement
a) The Customer has the right to withdraw from the Agreement without giving any reason.
b) The right to withdraw from the Agreement is not available in the cases specified in Art. 38 of the Polish Consumer Rights Act, and in particular in relation to contracts:

in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to meet his/her individual needs,
for the supply of digital content that was not earlier recorded, if the provision of the service began after consumer’s expressing consent before the deadline for withdrawal from the contract and after the entrepreneur informed him/her about the loss of the right to withdraw from the contract.

c) Within the Platform, the Customer may conclude the Agreement only after submitting a declaration that he or she consents to Brikido starting to provide services before the deadline for withdrawal from the contract expires, which will be equivalent to the loss of such right by the Customer. If the Customer does not consent to submitting such a declaration, he/she is obliged to stop placing the Order and has the option of placing an individual Order by sending an appropriate message to Brikido e-mail address indicated in the Definitions of the Terms of Service, where the individual process of concluding the Agreement will be carried out.
d) If there is no exclusion of the right to withdraw from the Agreement, the deadline for withdrawal from the Agreement expires after 14 days from the date of conclusion of the Agreement.
e) To exercise the right to withdraw from the Agreement, the Customer is obliged to inform Brikido about his/her decision to withdraw from the Agreement by a clear and unambiguous statement (for example, by a letter sent by post or e-mail to the e-mail address, postal or electronic address indicated in the Definitions of the Terms of Service).
f) The Customer may use the sample withdrawal form included in the Annex to the Polish Act of May 30, 2014 on Consumer Rights Act.
g) In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Customer to send information regarding the exercise of his/her right to withdraw from the Agreement before the deadline for withdrawal from the Agreement expires.
h) In the event of withdrawal from the Agreement, Brikido will return to the Customer all payments received from the Customer, immediately, and in any case no later than 14 days from the date on which Brikido was informed about the Customer’s decision to exercise the right to withdraw from the Agreement.
i) Brikido will refund the payment using the same payment method used by the Consumer when paying the price for the Order.

VII. Personal data protection and privacy policy
a) The rules for the protection of the Customer’s personal data are included in the Privacy Policy, which is available at: www. brikido.com/privacy-policy/

VIII. Complaints
a) The Customer may submit complaints regarding the Service or the services provided by Brikido electronically by sending a message to Brikido by e-mail (e-mail address indicated in the Definitions) or by post (address indicated in the Definitions).
b) Brikido will respond to the Complaint within 30 days of its receipt. Failure to respond to the complaint within this period is equivalent to Brikido recognising the complaint as justified.
c) Brikido will respond to a complaint that meets the requirements set out in this paragraph in electronic form to the Customer’s e-mail address indicated on the Platform (unless the Customer provides a different e-mail address in the complaint).
d) Filing a complaint does not exclude the Customer’s right to use judicial or extrajudicial means of resolving disputes.

IX. Possibilities of out-of-court resolution of disputes
a) The customer has the opportunity to use out-of-court methods of resolving disputes with Brikido (including those related to complaints handling and the pursuit of claims).
b) In particular, the customer may:

take advantage of legal assistance offered by district consumer ombudsmen,
request free legal assistance from entities providing it under separate regulations,
ask for free legal assistance from non-governmental organisations whose scope of activity includes assistance to consumers or legal assistance,
obtain the necessary legal advice on the website of the Polish Office of Competition and Consumer Protection: www.uokik.gov.pl,
request mediation with Brikido.

c) Brikido refuses to use extrajudicial settlement procedures resolution of consumer disputes specified in the Polish Act of 23 September 2016 on out-of-court resolution of consumer disputes.

X. Final Provisions

In matters not regulated in the Terms of Service, the provisions of Polish law shall apply.
The provisions of the Terms of Service do not exclude the Customer’s rights arising from mandatory provisions of law. In the event of a conflict between these provisions and the provisions of the Terms of Service, the mandatory provisions of law shall apply.
All disputes related to the conclusion and performance of the Agreement will be resolved by Polish courts competent for the registered office of Brikido, in accordance with Polish procedural standards.
Regardless of the circumstances and legal classification of the Agreement, Brikido and the Customer exclude the application to the Agreement of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on April 11, 1980, and the Convention on the Limitation Period in the International Sale of Goods, drawn up in New York on June 14, 1974.
Brikido has the right to change the Terms of Service, but the version of the Terms of Service as of the date of conclusion of the Agreement is binding for the Customer. If a change to the Terms of Service in the future would affect Customers who have made a purchase in the past (for example, by changing the conditions of access to the Platform), all these Customers will receive information about the planned change to the Regulations at least 7 days before its entry into force. Customers who do not consent to the amendment of the Terms of Service may terminate the contract for the provision of electronic services.
The Terms of Service enter into force on July 1, 2024 and apply to Agreements concluded after the date of its entry into force.