Website – the website available at www.nccmastering.com, operated by NCC Mastering.
Regulations – the regulations of the Website as referred to in Art. 8 of the Act of 18 July 2002 on providing services by electronic means.
NCC Mastering – Piotr Piskorski, operating under the business name “Pracownia Artystyczna Piotr Piskorski”, with its principal place of business at Kwiatowa 3, 88-160 Kołodziejewo, entered into the Central Registration and Information on Business (CEIDG), Taxpayer Identification Number (NIP): 5562626693, National Business Registry Number (REGON): 364843251, correspondence address: ul. Kwiatowa 3, 88-160 Kołodziejewo, email: nccmastering@gmail.com, phone number: 782204073
Customer – a Consumer or Entrepreneur using services provided electronically by NCC Mastering through the Website or entering into a Contract with NCC Mastering via the Website.
Consumer – a consumer as defined in Art. 221 of the Act of 23 April 1964 – Civil Code, i.e., an individual with full legal capacity or, in cases provided by law, limited legal capacity, entering into a Contract with NCC Mastering or using services provided electronically by NCC Mastering, not directly related to their business or professional activity.
Entrepreneur – an entrepreneur as defined in Art. 431 of the Civil Code, i.e., an individual, legal person, or organisational unit without legal personality, which the law grants legal capacity, operating a business or professional activity in their own name, entering into a Contract with NCC Mastering or using services provided electronically by NCC Mastering.
Order Form – the form available on the Website, allowing the Customer to place an Order.
Order – the Customer’s declaration of intent, constituting an offer to enter into a Contract with NCC Mastering.
Contract – a contract for the provision of Digital Content, entered into betweenNCC Mastering and the Customer remotely via the Website.
Digital Content – data produced and delivered in digital form, which is the subject of the Contract.
Package – a set of services included in the Contract, available at different price options. Before entering into the Contract, the Customer chooses the package according to which the Contract is to be executed.
Proof of Purchase – an electronic invoice issued by NCC Mastering, confirming the conclusion of the Contract.
Materials – materials posted on the Website (including texts, graphics, logos, source codes) which are works as defined by the Act of 4 February 1994 on copyright and related rights, posted on the Website and owned by NCC Mastering or used by NCC Mastering with the consent of a third party who holds the intellectual property rights to the Materials.
Privacy Policy – a document available on the Website, outlining the rules related to the processing of personal data by NCC Mastering on the Website, fulfilling its obligation to inform as referred to in the data protection regulations.
Annex No. 1 – attached to the Regulations, a template of the declaration of withdrawal from the Contract, as referred to in §10 of the Regulations.
Civil Code – the Act of 23 April 1964 – Civil Code.
Act – the Act of 30 May 2014 on consumer rights.
§ 2. GENERAL PROVISIONS.
The Regulations apply to Contracts and other services provided by NCC Mastering via the Website.
Electronic services provided by NCC Mastering on the Website involve enabling the Customer to:
conclude Contracts under the terms of these Regulations,
Make contact with NCC Mastering,
Use other services available on the Website.
Announcements, advertisements, price lists, and other product information (Digital Content) offered via the Website should be considered as an invitation to enter into a Contract, bearing in mind Art. 71 of the Civil Code.
The Website provides services both within and outside the borders of the Republic of Poland.
The provisions of these Regulations are not intended to exclude or limit any rights of a Customer who is a Consumer, granted to them under generally applicable laws, especially under the provisions of the Civil Code and the Act. In the event of inconsistency between the provisions of these Regulations and the regulations mentioned in this point, the latter shall prevail.
The provisions of the Regulations relating to Consumers also apply to an Entrepreneur who is an individual conducting business registered in the Central Registration and Information on Business (CEIDG), entering into a Contract directly related to their business activity, when it is clear from the Contract that it does not have a professional character for such an entrepreneur. Verification of whether a given activity is of a professional nature will be conducted primarily based on data from CEiDG regarding the subject of the conducted business based on Polish Classification of Activity (PKD) codes. For the buyer mentioned above, Art. 558§1 second sentence, Art. 563, and Art. 567 § 2 of the Civil Code do not apply.
For effective use of the Website, a device (computer, phone, tablet, or other mobile device) and an up-to-date web browser (e.g., Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, or others), a keyboard or another pointing device, enabling correct completion of electronic forms, and a stable connection are necessary.
§ 3. PRINCIPLES OF USING THE WEBSITE
The Customer is obliged to use the Website in accordance with the applicable law, principles of social coexistence, and good manners, respecting the personal rights and intellectual property rights of third parties or entities.
When completing the Order Form, the Customer is obliged to familiarise themselves with the content of the Regulations and the Privacy Policy and to accept their content.
While using the Website, the Customer is obliged to provide true and factual data and information necessary for the conclusion and implementation of the Contract. It is prohibited to transmit personal data of third parties via the Website without their consent. In the case of natural persons who do not have full capacity to perform legal acts, their statutory representatives or legal guardians should express consent.
Both the Customer and any other person accessing the Website shall refrain from copying, modifying, distributing, reprinting, transmitting, or using in any other way (especially for marketing, commercial, or profit-making purposes) the Materials posted on the Website without the written consent of NCC Mastering or another person or third-party entity holding the intellectual property rights to the Materials, except for using these materials within the scope of permitted use as referred to in the Act of 4 February 1994 on copyright and related rights.
Violation of the provisions of the preceding point could constitute a breach of the law, thus providing grounds for initiating civil or criminal proceedings against individuals or entities engaging in such practices.
The Customer is fully liable to NCC Mastering and third parties or entities for damages related to:
The Customer’s violation of legal provisions, including in particular the rights of third parties or entities and the provisions of these Regulations,
Incorrect or unauthorised use of the Website, as well as technical problems, data loss, or other damages in the operation of the Website related to it.
The Customer’s liability mentioned in the preceding clause includes both compensation for damage to NCC Mastering and a third party or entity, as well as incurring additional costs resulting from causing damage, including in particular court costs, litigation representation costs, enforcement proceedings costs, and other justified costs incurred by NCC Mastering in connection with the damage caused and in connection with claims of third parties or entities.
§ 4. PRINCIPLES OF PLACING AND COMPLETING ORDERS.
Within the framework of the Contract, NCC Mastering provides services related to the processing of music provided by the Customer (in particular, mastering, mixing, post-production). The result of the services provided is the delivery of Digital Content to the Customer. Services are offered in Packages indicated on the Website.
To order a Package, the Customer completes the Order Form.
When filling out the Order Form, the Customer can also order additional services not included in the Package.
In the case of ordering an alternative version of mastering or mixing, the Customer is obliged to provide an alternative version of the sound materials and the main version at the same time. Within this service, the Customer can choose between 1 to 4 alternative versions.
After completing the Order Form, the Customer makes a payment in accordance with §6 of the Regulations.
Confirmation of placing and accepting the Order for completion will be sent to the Customer via email. The Contract is considered concluded when the Customer receives confirmation of the Order acceptance.
Music production, music composition, and audio branding services are carried out only through individual arrangements. To inquire about an individual order, please contact: nccmastering@gmail.com.
Orders placed on working days from Monday to Friday after 12:00 p.m., as well as on Saturdays, Sundays, and other public holidays, as referred to in the Act of 18 January 1951 on non-working days, will be forwarded for completion on the next working day.
A condition for fulfilling the Contract is the Customer providing sound materials that are to be processed. The Customer provides sound materials to NCC Mastering by email after receiving confirmation of Order acceptance. Information on how to prepare and send files can be found on the Website, under the FAQ tab.
Sound materials provided by the Customer must be free from unwanted noise, artefacts, and other errors. If materials containing errors are provided, NCC Mastering will request the Customer to send correct materials. NCC Mastering reserves the right to refuse to provide services if it deems that the sound materials provided following the request are of insufficient technical quality. In such a case, NCC Mastering will cancel the order and refund the Customer within 14 days.
NCC Mastering completes the Order within 2 to 12 working days from receiving the correct sound materials from the Customer, in accordance with clauses 10 and 11 of this section.
The Order completion time may be extended in the event of force majeure, which means unavoidable, extraordinary, unpredictable circumstances beyond control, the effects of which could not be avoided despite taking all reasonable actions, for its duration.
The Digital Content produced under the Contract will be delivered to the Customer’s email address in the format chosen by the Customer when placing the Order.
NCC Mastering secures and stores Digital Content for 2 years from the implementation of the Contract.
The Customer can request backup copies of the main files without incurring additional charges for 4 months from the implementation of the Contract. After 4 months from delivering the finished Digital Content to the Customer, the service of issuing backup copies is subject to an additional charge. To obtain pricing information, please contact NCC Mastering by email.
NCC Mastering is not responsible for the loss or damage of Digital Content by the Customer.
§ 5. SOUND MATERIALS, DIGITAL CONTENT, COPYRIGHTS
The Customer declares that they are authorised to provide NCC Mastering with sound materials that will be the subject of processing under the Contract.
The Customer declares that providing sound materials for processing does not infringe the rights of third parties or entities.
The Customer commits to only provide sound materials that are not scandalous, defamatory, obscene, and in no way violate the rights and freedoms of third parties. NCC Mastering has the right to refuse to complete the Order if the provided sound materials do not meet the above criteria. In such a situation, NCC Mastering will refund the Customer within 14 days.
The Customer takes full responsibility for the provided sound materials and commits to indemnify NCC Mastering from any claims that may arise from the infringement of third-party rights related to the sound materials, especially the rights mentioned in clauses 1-3 of this section.
NCC Mastering is not responsible for how the Customer uses the purchased Digital Content. NCC Mastering also does not take responsibility for the success or lack thereof associated with the use of the purchased Digital Content.
§ 6. PAYMENTS.
In connection with the fulfilment of Orders and Contracts, NCC Mastering is entitled to remuneration according to the prices available on the Website and applicable at the time of placing the Order.
NCC Mastering does not apply price profiling for Customers.
Prices listed on the Website are expressed in Polish zlotys, euros, and dollars. The indicated prices are gross prices. The total price for services covered by the Order is communicated to the Customer before placing the Order.
For each Order, the Customer receives a Purchase Proof in the form of an electronic invoice. The invoice is sent to the email address provided in the Order Form.
During the Order placement, the Customer can – at their discretion – choose one of the following payment methods for the ordered Goods:
Online bank transfer to NCC Mastering’s bank account – the Order is processed no earlier than when the full amount for the Order is credited to NCC Mastering’s bank account,
Payment by Visa or MasterCard – the Order is processed no earlier than when the full amount for the Order is authorised,
Payment via online platforms PayPal, Przelewy24 – the Order is processed no earlier than when the full amount for the Order is authorised. If the Customer does not make a payment within 3 days from the date of placing the Order, NCC Mastering may request the Customer to make the payment within a period not shorter than 3 days. If the request is not complied with within the specified period, NCC Mastering may cancel the Order, informing the Customer by email or phone.
In case of payment delay by the Customer who is an Entrepreneur, NCC Mastering is entitled to statutory interest for delay in commercial transactions and recovery costs in accordance with the provisions of the Act of 8 March 2013 on combating excessive delays in commercial transactions.
Online payments referred to in clause 5(c) of this section made online via the Online Shop, are processed through the platform:
PayPal available at www.paypal.com – through PayPal Polska sp. z o.o. with its registered office at: ul. Emilii Plater 53, 00-113 Warszawa, National Court Register Number (KRS): 0000289372, Taxpayer Identification Number (NIP): 5252406419, National Business Registry Number (REGON): 141108225,
Przelewy24 available at www.przelewy24.pl – through PayPro S.A. with its registered office at: ul. Kanclerska 15, 60-327 Poznań, National Court Register Number (KRS): 0000347935, Taxpayer Identification Number (NIP): 7792369887, National Business Registry Number (REGON): 301345068, entered as a National Payment Institution in the Register of Payment Services kept by the Financial Supervision Authority at the UKNF under number: IP24/2014.
§ 7. DELIVERY AND CUSTOMER RIGHTS RELATED TO NON-DELIVERY OF DIGITAL CONTENT OR SERVICES.
NCC Mastering delivers Digital Content to the Customer in accordance with the timeframe specified in the Regulations.
Digital Content is considered delivered when the Digital Content or the means allowing access to or downloading of the Digital Content has been made available to the Customer or to a physical/virtual device chosen by the Customer for this purpose, or when the Customer or such device has accessed it.
If NCC Mastering has not delivered the Digital Content (in whole or in part), the Customer calls upon them to fulfil the Contract. If NCC Mastering does not deliver the Digital Content promptly or within an additional period explicitly agreed upon by the parties, the Customer has the right to withdraw from the Contract.
The Customer also has the right to withdraw from the Contract without prior notice of delivery if:
from NCC Mastering’s statement it is clear that the Digital Content will not be delivered, or
from the circumstances of the Digital Content Contract, it is clear that a specific delivery deadline was crucial for the Customer, and NCC Mastering did not deliver within this timeframe.
The provisions of this section do not apply if the subject of the Contract is the delivery of Digital Content via a tangible medium.
The provisions of this section do not apply to Entrepreneurs (excluding the Entrepreneur referred to in § 2 clause 6 of the Regulations).
§ 8. COMPLAINTS.
NCC Mastering is liable to the Customer, being the Consumer, and the Entrepreneur referred to in § 2 clause 6 of the Regulations in the event of non-conformity of the Digital Content with the Contract, which existed at the time of its delivery and manifested within two years from that moment. It is presumed that the non-conformity of the Digital Content with the Contract, which manifested before the expiry of one year from the delivery of the Digital Content, existed at the time of its delivery. The rules of NCC Mastering’s liability are determined by Chapter 5b of the Act.
The conformity of Digital Content with the Contract is determined by Article 43k of the Act.
The presumption specified in clause 1 of this section does not apply when:
the Customer’s digital environment is not compatible with the technical requirements that NCC Mastering clearly and understandably informed them about before entering into the Contract,
the Customer, informed clearly and understandably before entering into the Contract about the obligation to cooperate with NCC Mastering to a reasonable extent and using the least burdensome technical means, to determine whether the non-conformity of the Digital Content with the Contract in due time results from the features of the Customer’s digital environment, does not fulfil this obligation.
If the Digital Content is not in conformity with the Contract, the Customer may request its conformity with the Contract.
NCC Mastering may refuse to bring the Digital Content into conformity with the Contract if doing so is impossible or would require excessive costs for NCC Mastering. When assessing the excessiveness of costs for NCC Mastering, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the Digital Content with the Contract and the value of the Digital Content in conformity with the Contract.
NCC Mastering brings the Digital Content into conformity with the Contract within a reasonable time from the moment when NCC Mastering was informed by the Customer about the non-conformity with the Contract, and without significant inconvenience to the Customer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content into conformity with the Contract are borne by NCC Mastering.
If the Digital Content is not in conformity with the Contract, the Customer may declare a price reduction or withdraw from the Contract when:
bringing the Digital Content into conformity with the Contract is impossible or would require excessive costs in accordance with Article 43m paragraphs 2 and 3 of the Act,
NCC Mastering did not bring the Digital Content into conformity with the Contract in accordance with Article 43m paragraph 4 of the Act,
the non-conformity of the Digital Content with the Contract still exists, even though NCC Mastering tried to bring the Digital Content into conformity with the Contract,
the non-conformity of the Digital Content with the Contract is so significant that it justifies a price reduction or withdrawal from the Contract without first using the remedy specified in Article 43m of the Act,
from NCC Mastering’s statement or circumstances, it is clear that they will not bring the Digital Content into conformity with the Contract within a reasonable time or without significant inconvenience to the Customer.
The reduced price must remain in proportion to the price resulting from the Contract, in which the value of the Digital Content not in accordance with the Contract remains to the value of the Digital Content in accordance with the Contract. If the Contract states that the Digital Content is delivered in parts or continuously, when reducing the price, the time during which the Digital Content was not in accordance with the Contract should be considered.
The Customer cannot withdraw from the Contract if the Digital Content is provided in exchange for a payment, and the non-conformity of the Digital Content with the Contract is insignificant. It is presumed that the non-conformity of the Digital Content, referred to in Art. 43k of the Act, with the Contract is significant.
NCC Mastering is obliged to refund only the part of the price corresponding to the Digital Content not in accordance with the Contract and the Digital Content whose delivery obligation ceased due to withdrawal from the Contract.
NCC Mastering is obliged to refund the Customer the price due as a result of exercising the right to withdraw from the Contract or reduce the price immediately, no later than within 14 days from the day of receiving the Customer’s statement of withdrawal from the Contract or price reduction. NCC Mastering refunds the price using the same payment method as used by the Customer, unless the Customer has expressly agreed to another method of refund, which does not involve any costs for them.
Complaints should be submitted to the email address: nccmastering@gmail.com or in writing to the address: Pracownia Artystyczna Piotr Piskorski, ul. Kwiatowa 3, 88-160 Kołodziejewo.
NCC Mastering undertakes to consider the complaint submitted by the Customer within 14 days of its receipt. If no information is provided within the period referred to in the previous sentence, it is assumed that NCC Mastering accepted the complaint.
The provisions of this section do not apply to Entrepreneurs (excluding the Entrepreneur referred to in § 2 clause 6 of the Regulations). NCC Mastering’s liability under the warranty towards Customers who are Entrepreneurs is completely excluded.
§ 9. WARRANTY.
Included in the price of each Package, the Customer receives three revisions of the finished Digital Content.
The Customer is obliged, within the revisions available in the Package, to: listen to the Digital Content, conduct tests of the received files, and provide any comments, including information about defects, damages, or other non-conformities.
Each subsequent revision is additionally payable.
The provisions of this section are not intended to limit the rights of Customers who are Consumers or Entrepreneurs, as referred to in § 2 clause 6 of the Regulations.
§ 10. WITHDRAWAL FROM THE CONTRACT.
The Customer being a Consumer and the Entrepreneur referred to in § 2 clause 6 of the Regulations has the right to withdraw from a distance contract without giving any reason, within 14 days from the day of its conclusion, in accordance with the Act, unless the exclusion referred to in clause 7 of this paragraph applies (in accordance with Art. 38 of the Act).
The statement regarding withdrawal from the Contract should be submitted to the email address: nccmastering@gmail.com or in writing to the address: Pracownia Artystyczna Piotr Piskorski, ul. Kwiatowa 3, 88-160 Kołodziejewo.
To facilitate the submission of a statement of withdrawal from the Contract, NCC Mastering provides a template statement on the Website, which is Annex No. 1 to these Regulations.
When withdrawing from the Contract, the Customer is obliged to stop using the Digital Content and sharing it with third parties.
If the Customer exercises the right to withdraw from the Contract, they are obliged to pay for the services performed up to the moment of withdrawal from the Contract. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price agreed in the Contract.
NCC Mastering refunds the payment using the same payment method as used by the Customer when concluding the Contract unless the Customer has expressly agreed to another method of refund.
The right to withdraw from the Contract, referred to in this section, does not apply in the case of a Contract for the delivery of digital content not provided on a tangible medium, for which the Customer is obliged to pay a price, if NCC Mastering started providing with the express and prior consent of the Customer, who was informed before the start of the service provision that after the service is provided by NCC Mastering, they will lose the right to withdraw from the Contract, and acknowledged this, and NCC Mastering provided the Customer with the confirmation referred to in Art. 21 para. 1 of the Act.
The details of exercising the right to withdraw from the Contract – as a distance contract – are determined by the provisions of the Act.
The provisions of this section do not apply to Customers who are Entrepreneurs; in their case, the right to withdraw from the Contract is excluded – this does not concern Entrepreneurs referred to in §2 clause 6 of the Regulations.
§ 11. PROTECTION OF PERSONAL DATA.
NCC Mastering is the Data Controller of the Customers’ personal data.
NCC Mastering, as the Data Controller, processes personal data in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of 10 May 2018 on personal data protection, and other relevant personal data protection regulations. All detailed rules regarding the processing of personal data, in particular the purposes and legal bases for processing and the rights of Customers as data subjects, are included in the Privacy Policy and Cookie Policy.
§ 12. FINAL PROVISIONS.
NCC Mastering reserves the right to introduce restrictions on the use of the Website due to its technical service, maintenance work, or work to improve its functionality. At the same time, NCC Mastering commits to making every effort to ensure that such restrictions and interruptions occur during night hours and last as briefly as possible.
NCC Mastering reserves the right to amend these Regulations. Changes come into effect at the time explicitly indicated by NCC Mastering, no earlier than 7 days from their announcement, unless the introduction of changes is necessary to ensure compliance with applicable regulations. Orders placed before the changes come into effect will be completed based on the rules in place at the time of their placement. Customers who do not agree with the changes made to these Regulations should refrain from further use of the Website.
Any disputes between NCC Mastering and the Customer – subject to their mutual consent – will be settled amicably or in the presence of an independent and impartial mediator.
A Customer who is a Consumer may:
Use out-of-court complaint consideration and redress methods as set out in the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity authorised to conduct proceedings on out-of-court resolution of consumer disputes to which NCC Mastering is subject is the Regional Inspector of Commercial Inspection in Bydgoszcz (address: ul. Jagiellońska 10, 85-020 Bydgoszcz, email: bydgoszcz@wiih.com.pl, website: https://www.wiih.com.pl/),
In the event of an inability to amicably resolve a dispute, the court competent for the location of NCC Mastering (i.e., the court in Inowrocław) will be the competent court, and for a Buyer who is a Consumer, the court will be determined by general rules.
The law applicable to the Contract is Polish law, in accordance with which the Contract should be interpreted. However, the choice of Polish law cannot deprive a Customer who is a Consumer of the protection provided by provisions that cannot be contractually excluded under the law of the Consumer’s country.