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Products offered in the Store are sold by Sylwia Perzewska, VAT ID: 5862103539.
You can contact the Seller by email at sperzewska@wp.pl or by phone at +330638012119.
§1 BASIC TERMS
Explanation of basic terms:
1. Price - the value expressed in monetary units that the Customer is obligated to pay, and in the case of digital content/service, also the digital representation of value.
2. Working day - a weekday from Monday to Friday, excluding public holidays.
3. Proof of payment - an invoice or receipt issued in accordance with the Act on Goods and Services Tax or based on other provisions of applicable law, sent to the Customer.
4. Customer - an entity that plans to make a purchase or has made a purchase of a product/products, i.e., a natural person with full legal capacity, and in cases provided by universally binding regulations, also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality to which legal capacity is granted by law - that has entered into or intends to enter into an agreement with the Seller, also referred to as the User.
5. Consumer - a natural person making a purchase for purposes not directly related to their trade or profession.
6. Offer - a proposal to conclude a contract containing essential elements of the Product (including the product description, individual Seller's proposal).
7. Entrepreneur - a natural person, legal person, or organizational unit without legal personality that has separate legal capacity granted by a separate law, carrying out business activities on their own behalf, using the Store.
8. Entrepreneur acting as a consumer - a natural person entering into a contract directly related to their trade or profession, where it results from the content of that contract that it does not have a professional character for them, particularly resulting from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. Product - Goods or Service offered by the Seller in the Store for sale; the Product is subject to payment unless stated otherwise.
10. Electronic product - digital content received by the Customer as part of a purchase, which takes the form of an electronic file. The file format depends on the content of the material (e.g., e-book, other materials in PDF format, audio/video).
11. Digital service - a service allowing the Customer to: a) create, process, store, or access data in digital form, b) share data in digital form that has been sent or created by the consumer or other users of this service, c) interact in other forms using such data.
12. Regulations - these Sales Regulations specifying the rules for using the Store, placing orders, and the principles of order fulfillment by the Seller.
13. Store/website - the website on which the sale of products by the Seller is conducted.
14. Goods - an item that is the subject of an agreement concluded between the Seller and the Customer.
15. Goods with digital elements - goods containing digital content or a digital service or connected with them in such a way that the lack of digital content or digital service would prevent their proper functioning.
16. Durable medium - material or tool for storing information that allows access to this information in the future (for the time necessary to achieve the purposes for which this information is intended) and enables the reproduction of stored information in an unchanged form.
17. Agreement - mutual agreements between the Seller and the Customer specifying mutual rights and obligations.
18. Service - a service provided by the Seller to the Customer.
§2 TERMS OF COOPERATION AND CONTRACT CONCLUSION
1. The conditions for the contract fulfillment and the rules of cooperation are specified in the Regulations and the Offer.
2. The Regulations and the Offer do not exclude or limit the Customer's rights as a Consumer or an Entrepreneur acting as a consumer, resulting from mandatory provisions of law.
3. In the event of a discrepancy between the content of the Regulations and the Offer, the Offer shall prevail.
4. The contract is concluded at the moment of the Customer's acceptance of the Regulations, subject to the provision below.
5. In a situation where the payment deadline falls after the conclusion of the Agreement, the Agreement is concluded at the moment of the Customer's acceptance of the Regulations and the Seller's acceptance of the order for execution.
§3 PRICE
1. The price is a gross price and includes all taxes required by law, unless the Seller explicitly indicates that the price is a net price and VAT should be added.
2. The price does not include information regarding delivery costs or other costs that the Customer will be obliged to bear, and the Customer will be informed about these costs before placing an order.
3. A reduced price is the price resulting from a reduction in the Product's price.
4. The lowest price is the lowest price for the Product that was in effect within 30 days before the reduction was introduced, and in the case of a product offered for sale for a period shorter than 30 days, the lowest price is the lowest price in effect from the day of the start of offering this Product until the day of the reduction's introduction.
§4 ORDER PLACEMENT RULES
1. The Customer can use the Store 7 days a week, 24 hours a day.
2. The Seller uses the services of the PayPal platform for offering online payments.
3. Payments can be made by traditional bank transfer, electronic transfer, debit or credit card, BLIK payment, and other payment methods offered by the platform, as well as cash on delivery (unless this method is excluded for a specific Product).
4. The Customer is obligated to make the payment immediately after placing the order, unless stated otherwise in the Offer or the selected payment method.
5. To purchase Products through the Store, the Customer must:
1) select the Product(s) they want to purchase from the available options on the website by clicking the "add to cart" button or a similar button;
2) provide the required information (e.g., Customer's data, payment method, delivery method) after selecting the Products;
3) review the information on the total price for the selected Products, including delivery and any other additional costs resulting from the placed order;
4) accept the Regulations and the order, and proceed with the payment for the order according to the chosen payment method. After placing the order, the Seller will send a confirmation of the order.
6. To purchase Products electronically, such as via email or messaging through online messengers or external programs, the Customer must:
1) select the Product(s) they want to purchase and review the Offer:
2) provide the information required by the Seller (e.g., Customer's data, payment method, delivery method) after selecting the Products;
3) review the information on the total price for the selected Products, including delivery and any other additional costs resulting from the placed order;
4) accept the cooperation terms presented by the Seller within the order, including the Regulations, and proceed with the payment for the order according to the chosen payment method. After placing the order, the Seller will send a confirmation of the order.
7. After the conclusion of the Agreement, the Seller will also provide the Customer with its terms, unless they were already provided before the conclusion of the Agreement.
8. The Seller has the right to cancel an order if the Customer fails to make the payment within 3 business days from the date of placing the order or if the Customer completes the order form in a way that prevents its proper fulfillment, despite being requested by the Seller to supplement or correct the data, under the penalty of order cancellation.
§5 ORDER FULFILLMENT RULES
Electronic products
1. In the case of purchasing a Product that includes electronic content, access to the Product will be granted to the Customer immediately after successful payment, no later than within 48 hours, unless stated otherwise in the Offer.
2. The electronic Product will be made available within the User Account or sent to the email address provided by the Customer, subject to the provisions below.
3. For Products such as courses or other electronic products where materials are not immediately available after purchase due to the Product's nature, these materials will be provided systematically in subsequent course days or immediately, depending on what is stated in the Offer.
4. For the purchase of a Product that includes access to a Facebook group, other platforms, or live broadcasts (webinars/online meetings), the Customer will be granted access to the mentioned places immediately after the purchase or within the timeframe specified in the Offer.
5. The Customer is aware that online broadcasts may be recorded, and recordings from the broadcasts may be shared as part of the Product.
6. Unless stated otherwise in the Offer, access to the Product is time-limited and lasts for 12 months from the date of the Agreement.
7. If the Customer is unable to open the provided file or access the materials, they should contact the Seller.
8. The Seller will inform the Customer about updates, including security updates necessary to maintain the Product's compliance with the Agreement.
Consultations/Meetings/Sessions
9. Detailed information regarding the service is provided in the Offer.
10. The term "hour" refers to 60 minutes, unless stated otherwise in the Offer.
11. Consultations will be conducted after prior agreement on the date and time between the Customer and the Seller via email and/or text messages and/or through the provided online calendar (if available), unless stated otherwise in the Offer.
12. The Customer can use the service no later than within 6 months from the date of purchase, unless stated otherwise in the Offer.
13. There is a possibility of changing the service date once. The condition for the change is to cancel the service at least 48 hours before the scheduled date and set a new date. Failure to cancel the service according to the aforementioned rules will be considered as the service being rendered. The change of date should be communicated via email or phone to the email address or phone number provided in the Regulations.
Other services
14. Detailed information regarding the service is provided in the Offer.
15. The deadline for fulfilling the service is calculated from the day of receiving the necessary information from the Customer for proper service execution unless otherwise stated in the Offer.
§6 TECHNICAL REQUIREMENTS
1. The Customer can use the Store in accordance with the Regulations and applicable laws.
2. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized acquisition and modification of Customer data. Therefore, Customers should apply appropriate technical measures to minimize the aforementioned risks.
3. To use the Store or place an order, the Customer must have:
1) an up-to-date internet browser supported by the manufacturer with access to the Internet (e.g., Opera, Mozilla Firefox, Google Chrome);
2) an active email account.
4. To access the Products, the Customer must have:
1) an up-to-date internet browser supported by the manufacturer with access to the Internet (e.g., Opera, Mozilla Firefox, Google Chrome);
2) an active email account;
3) a current tool/program capable of handling electronic files in the format specified in the Offer (e.g., .zip, .pdf, .mobi, .pub, .doc, .docx, .xsl);
4) an account on a social media platform like Facebook or a messenger if the Offer indicates that access to a dedicated Facebook group is part of the agreement.
5. If additional technical requirements need to be met to use the Store or Products, the Customer will be informed about it before using the Store or placing an order for the Product.
§7 COPYRIGHT AND LICENSES
1. All materials provided by the Seller, including electronic Products and Services, texts, photos, graphics, multimedia, and trademarks, are works protected by copyright law.
2. The copyright to the aforementioned materials belongs to the Seller or another entity from whom the Seller obtained the appropriate license. The materials may also be used by the Seller based on another legal basis.
3. All materials provided by the Seller may only be used by the Customer for personal use, unless stated otherwise in the Offer. Unauthorized distribution, sharing, copying, or downloading of the materials beyond the scope of permitted use is prohibited.
4. The Seller grants the Customer a non-exclusive license without the right to sublicense and without territorial restrictions. The time limitations are specified in the Offer or this Regulations. The remuneration for granting the license is included in the price.
The license granted to the Customer does not include the right to:
1) make permanent or temporary reproductions of the Product in whole or in part for purposes other than creating copies for personal use;
§8 NON-COMPLIANCE OF GOODS WITH THE AGREEMENT AND WARRANTY
1. This section defines the rules regarding the liability for the conformity of the performance with the agreement obligating the transfer of ownership of the Goods to the Consumer and the Entrepreneur acting as a consumer in contracts concluded from January 1, 2023.
2. The provisions of Chapter XI of the Third Book, Title II of the Civil Code of April 23, 1964, concerning contracts obliging the transfer of ownership of goods, including in particular sales contracts, delivery contracts, and contracts for a work constituting goods, shall not apply to such contracts, but only the Consumer Rights Act. Detailed information regarding the aforementioned rules can be found in the Consumer Rights Act, and this Regulation is not intended to limit or modify them.
§9 ADDITIONAL RIGHTS OF THE CUSTOMER REGARDING DIGITAL CONTENT/SERVICES
1. This section specifies the rights of the Consumer and the Entrepreneur acting as a consumer regarding contracts for the provision of digital content/services concluded from January 1, 2023. Detailed information regarding the customer's rights is determined by the provisions of the Consumer Rights Act, and this Regulation is not intended to limit or modify them.
2. If the digital content or digital service is not in conformity with the agreement, the Customer may request conformity with the agreement or submit a statement on price reduction or withdrawal from the agreement.
3. The Seller may refuse to bring the digital content or digital service into conformity with the agreement if bringing it into conformity in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
4. If the digital content or digital service is not in conformity with the agreement, the Customer may submit a statement on price reduction or withdrawal from the agreement when:
1) bringing it into conformity with the agreement is impossible or would require excessive costs;
2) the Seller has not brought the digital content or digital service into conformity with the agreement;
3) the lack of conformity with the agreement persists even though the Seller has attempted to bring the digital content or digital service into conformity with the agreement;
4) the lack of conformity of the digital content or digital service with the agreement is so significant that it justifies an immediate price reduction or withdrawal from the agreement;
5) the Seller's statement or circumstances clearly indicate that they will not bring the digital content or digital service into conformity with the agreement within a reasonable time or without excessive inconvenience to the Customer.
5. The Customer cannot withdraw from the agreement if the digital content or digital service is supplied in exchange for payment, and the lack of conformity with the agreement is insignificant.
6. If the Customer has not received the digital content or digital service, they shall inform the Seller. In the event of non-delivery immediately or within an additional period explicitly agreed upon by the parties, the Customer may withdraw from the agreement.
7. The Customer may withdraw from the agreement without requesting the delivery of the digital content or digital service if:
1) the Seller has clearly stated or circumstances clearly indicate that they will not deliver the digital content or digital service;
2) the parties have explicitly agreed or it is apparent from the circumstances of concluding the agreement that the specified deadline for the delivery of the digital content or digital service was significant for the Customer, and the Seller did not deliver it within that period.
8. The Customer may submit a complaint regarding the non-compliance of the Goods with the agreement as referred to in §8 and §9 by sending it to the Seller's address indicated in the Regulations (postal or email address). The complaint should include data enabling the identification of the Customer, the subject of the complaint, and the requests related to the complaint. In the event of receiving an incomplete complaint that prevents its examination, the Seller shall call on the Customer to complete it within the period under the penalty of leaving the complaint without consideration. The Customer may submit a complaint using the template attached as Annex No. 3 to these Regulations. This procedure applies accordingly to the rights arising from §8 of the Regulations.
9. The Seller shall consider complaints within 14 days from the date of receipt, unless otherwise provided by specific regulations. The response shall be sent to the Customer's email address or in another manner indicated by the Customer.
10. The provisions of this section shall not apply if the agreement provides for the delivery of digital content through a tangible medium.
§10 IMAGE
1. The Customer is aware that the image of the Participant provided by them as part of cooperation with the Seller may be processed by the Seller, including being recorded and distributed for educational, archival, and performance-related purposes.
2. By enabling the camera during online broadcasts (webinars/online meetings) or by providing their image to the Seller in another way, the Customer gives consent to the recording, use, and distribution of the Participant's image by the Seller in the form of recordings/photos from the course of online broadcasts/course of cooperation for the purposes indicated in point 1.
3. Processing the Customer's/Participant's image for marketing and promotional purposes requires separate consent.
4. The aforementioned image may be used for various forms of electronic processing, framing, composition, and may be combined with images of other persons participating in the online broadcast, while the film and audio recording with the Customer's participation may be cut, edited, modified, and added to other materials created as part of the Seller's activities. The consent includes all forms of publication.
5. The Customer may not record, use, and distribute the image of other participants/instructors without their prior consent.
§11 PRODUCT REVIEWS
1. Reviews regarding the Products published by the Seller are verified by them.
2. Verification is carried out, among other things, by comparing personal data or cooperation details with the data and information held by the Seller regarding customers who have previously used the Seller's Products, as well as through direct contact with the person with gratitude for the review or by sending a dedicated link to leave a review or by obtaining opinions as part of direct communication with the Customer.
3. If there are doubts as to whether the review comes from a person using the Seller's Products, the review shall not be published by the Seller.
4. Published reviews aim to present the benefits associated with using the Seller's Products that have been recognized by previous customers.
5. The Seller does not use sponsored or bartered reviews.
§12 RIGHT OF WITHDRAWAL
1. This section sets out the rules regarding the right of withdrawal from the agreement by the Customer and the Entrepreneur as a consumer.
2. A Customer who is a consumer or an Entrepreneur acting as a consumer has the right to withdraw from the agreement within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Customer should inform the Seller by means of an unequivocal statement, such as an email or letter sent to the address provided in the Terms and Conditions. More information about the right of withdrawal can be found in Annexes No. 1 and 2 to the Terms and Conditions.
3. The right of withdrawal does not apply to the following agreements:
1) contracts for services for which the Customer is obliged to pay a price, if the Seller has fully performed the service with the express consent of the Customer, who was informed before the provision of the service that upon the fulfillment of the service by the Seller, they will lose the right of withdrawal from the agreement, and the Customer has accepted it;
2) contracts for the supply of digital content not supplied on a tangible medium, if the Seller has commenced the performance with the express consent of the Customer, who was informed before the performance that upon the fulfillment of the service by the Seller, they will lose the right of withdrawal from the agreement, and the Seller has provided the Customer with confirmation of obtaining consent;
3) contracts for the supply of goods made to the Customer's specifications or clearly personalized;
4) contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
5) contracts for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
6) contracts concluded through a public auction.
4. The Customer, as mentioned in paragraph 1, is liable for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
5. In the event of withdrawal from an agreement for the supply of digital content or a digital service, the Customer must refrain from using such digital content or service and from sharing them with third parties.
§13 USER ACCOUNT
1. The Seller creates a User Account for the Customer, which is an individual panel operated by the Seller for the Customer's use of the Seller's Products after the Customer has registered and entered into a free agreement for the creation and operation of the User Account, hereinafter referred to as the Account. The agreement for the creation and operation of the User Account is concluded for an indefinite period.
2. The Customer may not share the User Account with third parties or possess multiple User Accounts.
3. Creating a User Account is necessary to access the User Account, place an order, and access the Product, provided that the Product is made available through the User Account.
4. The Seller sends information regarding the User Account to the email address provided by the Customer. The Customer establishes an individual password for the Account. The Customer is also obliged to establish a new password immediately after registering the Account, even if the password for the User Account registration is generated automatically by the system.
5. The Customer may request the deletion of the User Account from the Seller by email or by any other means accepted for communication with the Seller, with a notice period of 14 days, without stating a reason.
6. The deletion of the User Account may result in the loss of access to the Products provided within the User Account.
7. The Seller may terminate the agreement for the creation and operation of the User Account:
1) for justifiable reasons, with a notice period of 14 days (applies to a Customer who is a consumer or an Entrepreneur as a consumer); justifiable reasons include, in particular, the Customer's breach of the Terms and Conditions or legal provisions, as well as actions by the Customer that contradict good practices;
2) without stating a reason with immediate effect (applies to a Customer who is not a consumer or an Entrepreneur as a consumer).
§14 SPECIFIC PROVISIONS FOR ENTREPRENEURS
1. The provisions specified in this paragraph apply to an Entrepreneur who is not an Entrepreneur as a consumer.
2. The competent court for resolving any disputes between the Seller and an Entrepreneur who is not an Entrepreneur as a consumer is the court with jurisdiction over the Seller's registered office.
3. The Parties exclude the Seller's liability for warranty for non-compliance of the goods with the agreement/defects of the item concerning an Entrepreneur who is not an Entrepreneur as a consumer.
4. The Seller has the right to terminate the agreement with an Entrepreneur who is not an Entrepreneur as a consumer with immediate effect. For this purpose, the Seller sends a statement regarding the termination of the agreement to the Entrepreneur's email address or postal address. The Entrepreneur waives any claims in this regard.
The Seller shall not be liable for lost profits in relation to an Entrepreneur who is not an Entrepreneur as a consumer.
§15 FINAL PROVISIONS
1. During the period of force majeure, the Parties to the agreement shall be exempt from any liability for its non-performance or improper performance, provided that the circumstances of force majeure constitute an obstacle to the performance of the agreement. The above also applies during the period immediately preceding or immediately following the occurrence of force majeure, provided that during the specified period, the influence of force majeure constitutes an obstacle to the performance of the agreement.
2. "Force majeure" means an event of an accidental or natural nature, completely independent of the will and actions of the Parties, which could not have been foreseen and could not have been prevented, in particular, events such as a flood, burglary, war, acts of terrorism, the declaration of a state of emergency.
3. In the case where the Customer is located outside the Seller's country, the Customer should inform the Seller, providing information about their place of residence/registered office, in order to enable the settlement of taxes in accordance with the applicable regulations.
4. When using the Products, it is prohibited to provide unlawful information and to act in a manner contrary to the law, good practices, or violating the personal rights of third parties.
5. Dispute resolution and complaint handling. The Customer has the option to:
1) apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded agreement;
2) apply to the provincial inspector of the Trade Inspection Authority with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
3) contact the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection to obtain assistance in matters relating to the agreement; use the ODR platform. The platform is used to resolve disputes between consumers and businesses.
6. The Seller reserves the right to make changes to the Terms and Conditions for valid reasons, including but not limited to changes in legal regulations to the extent that such changes also necessitate changes to the content of these Terms and Conditions by the Seller, in particular changes to the provisions of the Civil Code, the Consumer Rights Act, the Act on the provision of electronic services, as well as on the basis of binding decisions of the Office of Competition and Consumer Protection (UOKIK), the Office for Personal Data Protection (PUODO), or court judgments to the extent corresponding to the issued decisions/judgments, and in the event of significant changes in business factors, provided that there is a causal relationship between such changes and the change in the costs of service provision by the Seller.
7. For agreements concluded prior to the entry into force of the new Terms and Conditions, the version of the Terms and Conditions in force on the date of conclusion of the agreement by the Customer shall apply.
8. Polish law shall govern these Terms and Conditions, subject to paragraph 10.
9. Polish courts shall have jurisdiction, subject to paragraph 10.
10. In the case of a Customer who is a consumer, the provisions of the Terms and Conditions shall not deprive the consumer of the protection granted to them by the laws of their habitual residence, which cannot be excluded based on the agreement. If the provisions that apply in the consumer's country are more favorable to them and cannot be excluded by way of an agreement, they shall apply to the agreement concluded between the Customer and the Seller.
11. The rules regarding the processing of personal data are regulated in the Privacy Policy.
12. The Terms and Conditions shall enter into force on March 15, 2023.
ANNEXES
WITHDRAWAL NOTICE
You have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of concluding the agreement (in the case of service contracts)/from the day on which you or a third party other than the carrier and indicated by you - have acquired possession of the goods, or in the case of goods delivered in batches - from the day of acquiring possession of the last item. In the case of contracts for the regular supply of goods for a specified period, the withdrawal period will expire from the day of acquiring possession of the first item by you or a third party indicated by you (other than the carrier).
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this agreement by means of an unequivocal statement (e.g., a letter sent by post or email).
Our contact details: Sylwia Perzewska, email address: sperzewska@gmail.com
You may use the withdrawal form template, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this agreement, we shall reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Please send back or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this agreement to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If you requested the performance of services to commence during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this agreement, in comparison with the full coverage of the agreement.
DOWNLOAD ANNEXES:
1. Form of withdrawal
2. Complaint form
