TERMS & CONDITIONS
The products offered in the Store are sold by Sylwia Clayton running a business under the name Sylwia Clayton Szkolenia, NIP 6381652888, REGON 241312833, entered into the Central Register of Businesses in Poland kept by the minister for economy, contact address: ul. Morcinka 9/57, 43-100 Tychy, Poland, hereinafter referred to as the Seller.
You can contact the Seller by writing to the e-mail address: firstname.lastname@example.org or by phone: +48 606573144 .
§1 BASIC CONCEPTS
Explanation of basic concepts:
- Price - value expressed in monetary units, which the Customer is obliged to pay, and in the case of digital content/service - also a digital representation of the value;
- Business day - a day of the week from Monday to Friday, excluding public holidays;
- Proof of payment - an invoice or receipt issued in accordance with the Value Added Tax Act or based on other provisions of applicable law sent to the Customer;
- Customer - an entity that plans to purchase or purchases a product/s, i.e. a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, to which the law grants legal capacity - which has concluded or intends to conclude an Agreement with the Seller, also referred to as the User;
- Consumer - a natural person who makes a purchase for purposes that are not directly related to his business/professional activity;
- Offer - a sales proposal containing essential elements of the Product (e.g. product description, individual Seller's proposal).
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store;
- Entrepreneur with consumer rights - a natural person concluding a contract directly related to his business activity, when the content of this contract shows that this contract is not of a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of regulations on the Central Register and Information on Economic Activity;
- Product - Goods or Service offered by the Seller in the Store, intended for sale; The product is payable, unless otherwise indicated;
- Electronic product - digital content that the Customer receives as part of the purchase, and 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, audio/video);
- Digital service - a service that allows the Customer to: a) produce, process, store or access data in digital form, b) jointly use data in digital form that has been sent or generated by the consumer or other users of this service, c) other forms of interaction with such data;
- Regulations - these Sales Regulations specifying the rules for using the Store, placing orders and the rules for order fulfilment by the Seller;
- Shop/website - a website where the sale of products by the Seller is carried out
- Goods - an item that is the subject of a contract concluded between the Seller and the Customer;
- Goods with digital elements - goods containing digital content or digital service or connected to them in such a way that the lack of digital content or digital service would prevent its proper functioning;
- Durable medium - a 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 used) and allows the stored information to be reproduced in an unchanged form;
- Agreement - mutual arrangements of the Seller and the Customer specifying mutual rights and obligations;
- Service - a service provided by the Seller to the Customer.
§2 TERMS OF COOPERATION AND CONCLUSION OF AGREEMENT
- The terms of the contract and the rules of cooperation are specified in the Regulations and the Offer.
- The Regulations and the Offer do not exclude or limit the rights of the Customer who is a Consumer or an Entrepreneur with consumer rights resulting from the mandatory provisions of law.
- In the event of discrepancies between the content of the Regulations and the Offer, the Offer is binding.
- The contract is concluded upon acceptance by the Customer of the Regulations, making the payment, subject to the provisions below.
- In a situation where the payment deadline falls after the conclusion of the Agreement, the Agreement is concluded upon acceptance of the Regulations by the Customer.
- The price is a gross price and includes all taxes required by law, subject to the situation where the Seller clearly indicated that the price is a net price and VAT should be added to it.
- The price does not include information on delivery costs or other costs that the Customer will be obliged to incur, and about which costs he will be informed before placing the order.
- The reduced price is the price applicable as a result of the reduction in the price of the Product.
- The lowest price is the lowest price for the Product, which was in force in the period of 30 days before the introduction of the reduction, and in the case of a product offered for sale in a period shorter than 30 days - the lowest price is the lowest price in the period from the date of commencement of offering this Product to the date of introduction reductions.
§4 TERMS AND REGULATIONS FOR PLACING ORDERS
- The Customer may use the Store 7 days a week, 24 hours a day.
- The Seller uses the services of Blue Media, PayPo and PayPal to offer online payments.
- Payments can be made by traditional transfer (for Polish accounts and currency), electronic transfer (for Polish accounts and currency) or credit card, BLIK payment (for Polish accounts and currency) and through other payments offered by the Blue Media Service, as well as through PayPal and PayPo.
- The Customer is obliged to make the payment immediately after placing the order, unless otherwise stated in the Offer or the method of payment chosen by the Customer.
- In order to purchase Products through the Store, you must:
1) select the Product(s) you want to buy from the options available on the website by clicking the "add to cart" button;
2) after selecting the Products, the required information should be indicated (e.g. customer data, payment method, delivery method);
3) get acquainted with the information on the total price for selected Products, including delivery and other additional costs resulting from the placed order;
4) accept the Regulations and the order, and make the payment for the order in accordance with the selected payment method. After placing the order, the Seller will send an order confirmation.
- In order to purchase Products electronically, e.g. by e-mail or by message via instant messengers or through an external program, you must:
1) select the Product(s) you want to buy and read the Offer;
2) after selecting the Products, the information required by the Seller should be indicated (e.g. customer data, payment method, delivery method);
3) before accepting the order, read the information on the total price for selected Products, including delivery and other additional costs resulting from the placed order;
4) accept the terms of cooperation as part of the order presented by the Seller, including the Regulations, and make payment for the order in accordance with the selected payment method. After placing the order, the Seller will send an order confirmation.
- After the conclusion of the Agreement, the Seller also sends its terms and conditions to the Customer, unless they have been provided before the conclusion of the Agreement.
- The Seller has the right to cancel the order if the Customer fails to make the payment within 3 working days from the date of placing the order or if the Customer completes the order form in a way that prevents its proper execution despite the Customer's request to complete/correct the data under pain of cancelling the order.
§5 TERMS AND CONDITIONS FOR ORDER PROCESSING
- In the case of purchasing a Product that includes an Electronic Product, access to the Product will be granted to the Customer immediately after successful payment, not later than within 48 hours, unless otherwise stated in the Offer.
- The electronic product will be made available as part of the User Account or will be sent to the e-mail address provided by the Customer, subject to the provisions below.
- In the case of a Product such as e.g. courses or other electronic products, in which materials, due to the specificity of the Product, are not available immediately after purchase and these materials will be made available systematically on subsequent days of the course or immediately - depending on resulting from the Offer.
- If a Product is purchased that includes access to a Facebook group or other platforms, as well as webinars/live recordings, the Customer will be granted access to the above-mentioned. seats immediately after purchase or within the time limit resulting from the specifics and the Offer.
- Unless otherwise stated in the Offer, access to the Product (link validity in the case of products in PDF format) is limited in time and is 12 months from the date of conclusion of the Agreement.
- If the Customer cannot run the shared file or materials, he should contact the Seller.
- The Seller informs the Customer about updates, including those regarding security measures necessary to maintain the compliance of the Product with the contract.
Services - other
- Detailed information on the Service can be found in the Offer.
- The deadline for the performance of the Service is counted from the date of receipt of the information necessary for the proper performance of the Service from the Customer, unless otherwise stated in the Offer.
§6 TECHNICAL REQUIREMENTS
- The Customer may use the Store in accordance with the Regulations and applicable regulations.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks.
- In order to use the Store or place an order, the Customer must have:
1) the current version of the web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
2) an active e-mail account.
- In order to use the Products, it is necessary for the Customer to have:
1) the current version of the web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
2) active e-mail account;
3) an up-to-date tool/program supporting electronic files in the format indicated in the Offer (e.g. *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);
4) an account on the Facebook social platform or messenger, if the Offer shows that the subject of the contract is, among others, access to a dedicated Facebook group.
- If it is necessary to meet additional technical requirements to use the Store or Products, the Customer will be informed about it before using the Store or before placing an order for the Product.
§7 COPYRIGHTS AND LICENSES
- All materials provided by the Seller, including Electronic Products and Services, texts, photos, graphics, multimedia and trademarks are works within the meaning of the Act on Copyright and Related Rights, subject to legal protection.
- Copyrights to the above-mentioned materials are held by the Seller or another entity from which the Seller has obtained the appropriate license. The materials may also be used by the Seller on a different legal basis.
- All materials provided by the Seller may be used only by the Customer for their own use, unless otherwise stated in the Offer. Further dissemination, sharing, ripping and downloading in any way of materials beyond the scope of permitted use is not authorized.
- The Seller grants the Customer a non-exclusive license, without the right to sublicense and without territorial restrictions. Time limits result from the Offer or from these Regulations. The license fee is included in the price.
- The customer has the right to use the materials in the following fields of use:
1) in the scope of recording the work and printing - digital recording on the User's Account or otherwise permitted by the Seller; the printout can be made for your own use of the materials in an educational environment.
2) modify the work for your own needs to the extent resulting from tips, instructions/video instructions, comments.
- In the event of a violation of the prohibition referred to in this paragraph, including copyright infringement, the Seller has the right to demand damages and redress from the Customer. The customer in the may be held responsible civil or criminal.
- The Seller has the right to periodically update the Products, including in particular Electronic Products.
§8 COMPLAINT AND WARRANTY
- This chapter sets out the rules of liability for the compliance of the service with the Agreement obliging to transfer the ownership of the Goods to the Consumer and the Entrepreneur on consumer rights in the scope of contracts concluded from January 1, 2023.
- The provisions of Section XI of Book Three II of the title of the Act of 23 April 1964 - Civil Code shall not apply to contracts requiring the transfer of ownership of goods, including in particular sales contracts, supply contracts and contracts for a specific work being goods. the act on consumer rights. Detailed information on the above The rules are contained in the Consumer Rights Act, and these Regulations are not intended to limit or change them.
- The provisions of this chapter do not apply to Goods that serve only as a carrier of digital content.
- In addition to the rights resulting from the warranty, some Goods may be covered by a guarantee. In this case, the warranty information will be specified, among others, in the following: in the Offer or in a separate document in accordance with the rules provided for in the Act on consumer rights.
§9 ADDITIONAL CUSTOMER RIGHTS REGARDING DIGITAL CONTENT/SERVICE
- This chapter defines the rights of the Consumer and the Entrepreneur on consumer rights in the case of contracts for the supply of digital content / services concluded from January 1, 2023. Detailed information on the Customer's rights are specified in the provisions of the Act on Consumer Rights, and these Regulations are not intended to limit or change them.
- If the digital content or digital service is inconsistent with the contract, the Customer may demand that it be brought into compliance with the contract or submit a statement of price reduction or withdrawal from the contract.
- The Seller may refuse to bring the digital content or digital service into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
- If the digital content or digital service is inconsistent with the contract, the Customer may submit a statement of price reduction or withdrawal from the contract when:
1) compliance with the contract is impossible or requires excessive costs
2) the seller has failed to bring the digital content or digital service into conformity with the contract;
3) the lack of conformity persists even though the Seller has attempted to bring the digital content or digital service into conformity with the contract;
4) the lack of conformity of the digital content or digital service with the contract is significant enough to justify an immediate price reduction or withdrawal from the contract;
5) it is clear from the Seller's statement or circumstances that he will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
- The customer may not withdraw from the contract if the digital content or digital service is provided against payment of the price and the lack of conformity with the contract is immaterial.
- If the Customer has not received the digital content or service, the Customer informs the Seller about it. If they are not delivered immediately or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract.
- The customer may withdraw from the contract without requesting the delivery of digital content or digital service if:
1) The seller has stated or it is clear from the circumstances that he will not deliver the digital content or digital service or
2) The parties have agreed or the circumstances of the conclusion of the contract clearly show that the specified date of delivery of the digital content or digital service was significant for the Customer, and the Seller did not deliver it within this period.
- The Customer may submit a complaint regarding the non-compliance of the Goods with the contract referred to in §8 and §9 by sending it to the Seller's address indicated in the Regulations (correspondence or e-mail address). The complaint should contain data enabling identification of the Customer, the subject of the complaint and requests related to the complaint. In the event of receiving an incomplete complaint that prevents its consideration, the Seller will call the Customer to complete it under pain of leaving the complaint without consideration. The customer may submit a complaint using the template constituting Appendix 3 to these Regulations. This procedure applies accordingly to the rights under §8 of the Regulations.
- The Seller considers complaints within 14 days from the date of its receipt, unless otherwise provided for in specific provisions. The response will be sent to the Customer's e-mail address or otherwise indicated by the Customer.
- The provisions of this chapter shall not apply if the contract provides for the delivery of digital content via a tangible medium.
§10 WITHDRAWAL FROM THE AGREEMENT
- This chapter sets out the rules for withdrawing from the contract by the Consumer and the Entrepreneur on consumer rights.
- The Customer who is a Consumer or an Entrepreneur acting on consumer rights has the right to withdraw from the contract within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller about it by an unequivocal statement, sending e.g. an e-mail or a letter to the address indicated in the Regulations. More information about the right of withdrawal can be found in Annexes 1 and 2 to the Regulations.
- The right to withdraw from the contract does not apply to a contract for:
1) for the provision of services for which the Customer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted this for the attention of;
2) for the delivery of digital content not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract, and acknowledged it, and the Seller provided the Customer with confirmation of receipt of consent;
3) the subject of the service is non-prefabricated goods, manufactured according to the Customer's specifications or serving to satisfy his individual needs (so-called custom-made goods);
4) the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
5) the subject of the service is the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
6) the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
7) the conclusion took place through a public auction;
8) the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
- The customer referred to in par. 1 shall be liable for the decrease in the value of the Product in connection with its use in a way that goes beyond what is necessary to establish the nature, characteristics and functionality of the Product.
- In the event of withdrawal from the contract for the supply of digital content or digital service, the Customer refrains from using this digital content or digital service and making it available to third parties.
§11 USER ACCOUNT
- The Seller creates a User Account for the Customer, i.e. an individual panel launched for the Customer by the Seller in order to use the Seller's Products after the Customer registers and concludes a free agreement for creating and maintaining a User Account, hereinafter referred to as the Account. The agreement for creating and maintaining a User Account is concluded for an indefinite period.
- The Customer may not share the User Account with third parties or have several User Accounts.
- Setting up a User Account is necessary to gain access to the User Account.
- The Seller sends to the e-mail address indicated by the Customer information regarding
User Accounts. The Customer establishes an individual password to the Account. The Customer is obliged to set an individual password also in the event that the password is automatically generated by the system for the purpose of registering the User Account. After registering the Account, the Customer should immediately set a new password.
- The Customer may submit a request to delete the Seller's User Account by e-mail or in another way accepted for communication with the Seller with a 14-day notice period without giving a reason.
- Removal of the User Account may result in the loss of access to the Products made available under the User Account.
- The Seller may terminate the agreement to create and maintain a User Account:
1) for important reasons with a 14-day notice period (applies to the Customer who is a Consumer or Entrepreneur with consumer rights); an important reason should be understood as, in particular, the Customer's violation of the provisions of the Regulations or legal provisions, as well as the Customer's taking actions contrary to good manners;
2) without giving a reason immediately (applies to a Customer who is not a Consumer or an Entrepreneur with consumer rights).
§12 DETAILED PROVISIONS CONCERNING ENTREPRENEURS
- The provisions indicated in this paragraph apply to the Entrepreneur who is not an Entrepreneur with consumer rights.
- The court competent to settle any disputes arising between the Seller and the Entrepreneur who is not an Entrepreneur with consumer rights is the court competent for the seat of the Seller.
- The parties exclude the Seller's liability under the warranty for non-compliance of the Goods with the Agreement/defects in relation to the Entrepreneur who is not an Entrepreneur with consumer rights.
- The Seller has the right to terminate the contract with an entrepreneur who is not an entrepreneur with consumer rights with immediate effect. For this purpose, the Seller sends the Entrepreneur a statement on termination of the contract to the e-mail address or correspondence address. The entrepreneur waives any claims in this regard.
- The Seller is not liable for lost profits in relation to the Entrepreneur who is not an Entrepreneur with consumer rights.
§13 REVIEWS OF PRODUCTS
- Reviews of the Products published by the Seller are verified by her.
- Verification takes place e.g. by comparing personal data or details of cooperation with the data and information held by the Seller in the scope of Customers who have previously used the Seller's Products, as well as by direct contact with the above-mentioned person with a request for the review or by sending a dedicated link to leave a review to the Customers or by obtaining a review as part of direct communication with the Customer.
- In case of doubts as to whether a review comes from a person using the Seller's Products, this review is not published by the Seller.
- The published reviews are intended to present the benefits of using the Seller's Products, which have been noticed by existing customers.
- The seller does not use sponsored or barter reviews.
§14 FINAL PROVISIONS
- During force majeure, the parties to the contract shall be released from any liability for non-performance or improper performance, if only the circumstances of force majeure constitute an obstacle to the performance of the contract. The above also applies in the period immediately preceding or directly following the occurrence of force majeure, if only in the indicated period the force majeure will constitute an obstacle to the performance of the contract.
- "Force majeure" shall mean an event of an accidental or natural nature, completely independent of the will and actions of the Parties, which could not be foreseen and prevented, in particular such events as: flood, burglary, war, act of terror, the introduction of a state of emergency.
- In a situation where the Customer is from outside the country of the Seller, he should inform the Seller about it, indicating information about his place of residence/registered office, so that the tax can be settled in accordance with the applicable regulations.
- When using the Products, it is forbidden to provide unlawful information and act in a manner contrary to the law, decency or infringing the personal rights of third parties.
- Amicable settlement of disputes and complaints. The consumer has the option of contacting:
1) a permanent amicable consumer court with a request to settle a dispute arising from the concluded contract;
2) the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
3) the poviat (municipal) consumer rights ombudsman or social organization whose statutory tasks include consumer protection in order to obtain assistance regarding the contract;
4) or has the right to use the ODR platform. The platform is used to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
- The Seller reserves the right to amend the Regulations for important reasons, including in particular due to changes in the law to the extent that these changes force the Seller to also change the content of these Regulations, in particular changes to the provisions of the Civil Code, the Act on consumer, the Act on the provision of electronic services, as well as under applicable decisions of UOKIK, PUODO or court rulings to the extent corresponding to the issued decisions/judgments and in the event of a significant change in business factors, as long as there is a cause and effect relationship between the above-mentioned change and change in the costs of providing services by the Seller.
- For contracts concluded before the entry into force of the new Regulations, the version of the Regulations in force on the date of conclusion of the Agreement by the Customer shall apply.
- The applicable law is Polish law, subject to sec. 10.
- The competent court is the Polish court, subject to sec. 10.
- In the case of a Customer who is a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the law of the country of his habitual residence, which cannot be excluded under the contract. If the provisions in force in the consumer's country are more favourable to him, and these provisions cannot be excluded by agreement, they will be applied in the agreement concluded between the Customer and the Seller.
- The Regulations are valid from January 1, 2023.
Appendix No. 1 to the Regulations
NOTICE OF WITHDRAWAL FROM THE AGREEMENT
You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of conclusion of the contract (in the case of contracts for the provision of services) / from the day on which you came into possession of the item or on which a third party other than the carrier and indicated by you - came into possession items, and in the case of items delivered in batches - on the day of taking possession of the last item. In the case of contracts for regular delivery of items for a definite period of time - upon your or a third party indicated by you (other than the carrier) taking possession of the first item.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
Our contact details: Sylwia Clayton Szkolenia, ul. Sienkiewcza 7, 43-100 Tychy. Email: email@example.com, phone: +48 606573144.
You can use the model withdrawal form, but it is not mandatory. In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Consequences of withdrawing from the contract
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivering the goods (except for the additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return.
We may withhold the reimbursement until receipt of the item or until you provide us with proof of its return, whichever occurs first.
Please send back or hand over the Product to us immediately, and in any case not later than within 14 days from the day on which you informed us about the withdrawal from the contract. The deadline is met if you send us the item before the 14-day period has expired.
You will have to bear the direct cost of returning the item, unless otherwise stated in the Offer.
You are only responsible for any diminished value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
If you have requested the commencement of the provision of services before the expiry of the deadline to withdraw from the contract, you will pay us an amount proportional to the scope of services provided until the time when you informed us about withdrawal from this contract.
Appendix No. 2
Our contact details: Sylwia Clayton Szkolenia, ul. Sienkieiwcza 7, 43-100 Tychy, Poland Email: firstname.lastname@example.org, phone: +48 606573144.
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
I withdraw from the contract of*... concerning*/consisting of*.....
Name and surname, address of the Client* … Signature*… (if sent in paper version)
Date ..................................................... ........
Appendix No. 3
Our contact details: Sylwia Clayton Szkolenia, ul. Sienkieiwcza 7, 43-100 Tychy. Email: email@example.com, phone: +48 606573144.
(fill in the form if you want to submit a complaint regarding non-compliance of the Goods with the Agreement)
Applies to order no: _________ of ____
Applicable product: _____________ [product description]
I inform you that the goods I have purchased are inconsistent with the contract. The non-compliance of the Goods with the contract consists in: ______________ The non-conformity was found on _______________
In view of the above, I am requesting: _____________ (indicate the claim).
Name and surname, address of the Client* … Signature*… (if sent in paper version)
Date ...................* complete