Terms of Service

These terms govern your use of Quomerce and any audit you buy from us. Please read section 4 — it describes what our software does to your shop, and you are the one who has to authorise it.

1. Who we are

Quomerce is operated by QUOMERCE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered at ul. Henryka Sienkiewicza 85/87 lok. 1, NIP 7252368482, 0001251814, share capital 5000 PLN.

Contact: hello@quomerce.com. We answer in English and Polish.

2. What we sell

An automated audit of an online shop. Two products:

Product	What runs
Withdrawal-compliance check	Verifies the shop against Art. 11a of Directive 2011/83/EU as inserted by Directive (EU) 2023/2673 — the withdrawal function, the wording around it, and the confirmation e-mails that follow an order.
Full audit	The above, plus a UX and conversion audit covering the homepage, product listings, product pages, cart and checkout, on desktop and mobile.

An audit is performed by software: a browser driven by an AI agent, which visits your shop as a visitor would, records what it finds, and produces a written report.

An audit is a technical assessment. It is not legal advice, and it is not a certification. A PASS result is our software’s opinion on what it could observe on the day it looked. It does not bind any court or regulator, it does not mean your shop is compliant in every respect, and you should not present it as either. If you need to know whether you comply with the law, ask a lawyer.

3. Buying an audit

Prices are shown net of VAT before you pay. The VAT added depends on where you are and whether you gave us a valid EU VAT number:

• Poland — Polish VAT at the standard rate.
• EU business with a VAT number we verified in VIES — reverse charge, 0%. You account for the VAT.
• Other EU buyers — your country’s standard rate.
• Outside the EU — outside the scope of Polish VAT.

We check EU VAT numbers against the European Commission’s VIES service at the moment you buy and keep the consultation number as evidence of the rate we charged. If VIES is unreachable we charge the consumer rate rather than assume you are registered; tell us and we will correct the invoice.

We do not sell to buyers in countries under comprehensive EU, US or Polish embargo. If our screening refuses your order, no payment is taken.

Payment is handled by tPay (Krajowy Integrator Płatności S.A.). You choose how to pay on tPay’s own page. We never see or store your card number, BLIK code or bank credentials. An unpaid order expires by itself and nothing runs.

An invoice is issued to the details you gave at checkout. Check them — a corrected invoice after the fact is a nuisance for both of us.

4. What you are authorising us to do

This is the part that matters. By ordering an audit you confirm that you own the shop you gave us, or you are authorised by its owner to have it audited. Auditing someone else’s shop without permission may be unlawful, and it is your responsibility, not ours.

You are authorising our software to:

• Browse your shop like a customer, including adding items to a cart and moving through checkout.
• Place a real test order on your shop, when you bought a check that includes the transactional requirements. There is no way to verify an order confirmation e-mail without an order to confirm. The agent then exercises the withdrawal right on that order, as a customer would.
• Use a disposable test mailbox as the order’s e-mail address, so we can read what your shop sends.
• Apply a discount code you created for this purpose — by default QUOMERCE, at 100% off — when the shop offers no payment method our agent can complete offline.
• Record the session, including screenshots and a replay of the agent’s own browsing.

Things you should expect and plan for:

• A test order will appear in your order system. You must cancel and refund it yourself if the withdrawal our agent submits does not do so automatically. We do not have access to your back office.
• If a payment method is actually charged, the charge is real. Use an offline payment method or the discount code.
• Automated traffic may trip rate limits, bot protection or fraud rules on your shop or your payment provider. Allow-list us if that matters to you.
• We do not modify your shop’s configuration, code, content or data, beyond what a customer placing and withdrawing from an order would change.

You must not point an audit at a shop you do not control, at a staging environment you are not allowed to transact against, or at any site where placing an order would cause harm. If you do, you indemnify us for the consequences.

5. Consumers: your right to withdraw

If you are buying as a consumer — not for a business — you normally have 14 days to withdraw from a distance contract without giving a reason.

An audit starts as soon as your payment clears, which is what nearly everyone wants. Under Art. 16(a) of Directive 2011/83/EU, asking us to start immediately means you lose the withdrawal right once the audit has been fully performed. So before you pay we ask you to confirm two things: that you want us to start straight away, and that you understand you will lose the right once the report is delivered.

If you would rather keep the right, do not give that confirmation — tell us at hello@quomerce.com and we will hold your audit until the 14 days lapse, then run it.

If you withdraw after the audit has started but before it finishes, you pay a proportionate amount for what was done.

6. Delivery, and what happens when it goes wrong

A typical audit finishes within an hour. That is an estimate, not a deadline — a slow shop, a captcha or an outage at a third party can extend it.

Some checks cannot be completed on some shops. A requirement our software could not establish is recorded as BLOCKED, not as a pass and not as a failure. A BLOCKED result is a real outcome of a real audit and is not grounds for a refund on its own. The most common causes are a captcha in checkout, a checkout that cannot be completed without a card, and a shop that rejects disposable e-mail addresses. The checklist we show before you pay tells you how to avoid each of them.

If the audit fails outright and produces no report, tell us and we will re-run it or refund you. That is the remedy.

7. Your report

You get a link to your report. Anyone with that link can read it. The link is unlisted and its id is not guessable, but it is not password-protected and it does not expire. Share it with your developer or your agency; do not post it publicly unless you are content for the contents to be public.

The report is yours to use, including commercially — share it, publish it, act on it. What you may not do is resell our audits as a service of your own, or scrape the platform to build a competing product.

We keep the right to use anonymised, aggregated statistics from audits — for example, what share of audited shops fail a given requirement — provided nothing identifies you or your shop.

8. Agency matching

When you buy an audit we may offer to introduce you to agencies who can fix what we found, and they receive your contact details.

This only happens if you ticked the box at checkout. It is never a condition of buying an audit, and your report is the same either way. How we handle the data, and what an agency actually receives, is described in the Privacy Policy, which also explains how to change your mind at any time.

9. Availability

We aim to keep the service up but do not promise uninterrupted availability. We may take it down for maintenance, and we may change or retire features. If we discontinue a product you have paid for and not yet received, you get your money back.

10. Liability

Nothing here excludes liability for death or personal injury caused by our negligence, for intentional harm, or for anything else the law does not permit us to exclude. Consumers keep every right their national law gives them, and nothing in these terms takes those rights away.

Subject to that, our total liability for any audit is capped at the amount you paid for it.

We are not liable for indirect or consequential loss: lost profit, lost revenue, lost data, lost goodwill, or the cost of a substitute service.

Specifically, we are not liable for:

• A regulator, court or consumer disagreeing with a finding in your report.
• Loss you suffer because you relied on a PASS and did not seek legal advice.
• Anything that happens to your shop as a result of the test order, once you authorised it under section 4.
• A shop you audited without the owner’s permission.

11. If we disagree

Tell us first at hello@quomerce.com — most things are a misunderstanding and get fixed in a day.

These terms are governed by Polish law. If you are a consumer, you also keep the protections of the mandatory law of the country you live in, and you may bring proceedings in your own courts. Consumers in the EU can use the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr, and in Poland the free assistance of a municipal or district consumer ombudsman.

For business customers, the courts with jurisdiction over our registered seat have exclusive jurisdiction.

12. Changes

If we change these terms, the change applies to orders placed after it takes effect. The version in force when you bought governs your order. We will post the new version here with a new effective date, and if the change is material we will e-mail anyone with an active account.

13. Everything else

If a clause turns out to be unenforceable, the rest stays in force. Our not enforcing something once does not mean we have given it up. You may not transfer your rights under these terms without our agreement; we may transfer ours if the business is sold, and your rights are unaffected.