I. MOST IMPORTANT INFORMATION REGARDING THE SERVICE

1. The provision of Services through the website emiliasedziak.pl and possibly other web addresses, hereinafter referred to as the Service, is carried out in accordance with the rules specified in these Regulations.

2. On the Service, you can access both free and paid content.

3. The Service is operated by Emilia Sędziak – the owner of the company Beemily Emilia Sędziak based in Stary Mieśc, ul. Olchowa 3/5 NIP: 6652630606. Email contact: [email protected] Phone number: +48 533 535 819.

4. Basic concepts:

1) Product – streaming video or audio, video or audio file, e-book, online consultation, or other product available in digital or material form. 

The product may be available for a fee or free of charge, as detailed with the product. The availability of a given product may be limited.

2) Electronic product – digital content that takes the form of an electronic file, the format of which depends on the content of the file (e.g., e-book, other materials in PDF format, audio/video),

3) User – a person making a purchase of a product/service or using a free product, i.e., a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, or a person,

4) Consumer – understood as a consumer within the meaning of the provisions of the Civil Code of April 23, 1964.

5) Entrepreneur – means a store client who is not a Consumer and is not a natural person entering into a contract directly related to its business activity when the content of this agreement indicates that it does not have a professional character for it, resulting in particular from the subject of its business activity made available under the provisions on the Central Register and Information on Economic Activity.

6) Entrepreneur on consumer terms – From January 1, 2021, some provisions regarding the consumer will also apply to a natural person entering into a contract directly related to its business activity when the content of this agreement indicates that it does not have a professional character for it, resulting in particular from the subject of its business activity made available under the provisions on the Central Register and Information on Economic Activity.

7) Store – means the online store https://emiliasedziak.pl/sklep/ – through which you can purchase Products.

8) User Account – means an individual panel activated for the User by the Seller, after the User has registered and entered into an agreement for User Account Management services

9) Service – a service provided by the Seller to the User within the meaning of the Act on the provision of electronic services.

II. BASIC TERMS OF USING THE STORE

1. To make a purchase and use the purchased Product, the Buyer does not need to have special technical equipment or other electronic devices. The sufficient conditions allowing the use of the Store are:

• access to a device connected to the Internet,
• installed and updated operating system and web browser,
• having an active email account,
• having software package – e.g., Microsoft Office software package or its equivalent, PDF program e.g., Adobe Reader

2. In case the User is unable to open the file containing the purchased material, they are requested to contact the Seller at the email address provided on the website.

3. The Customer is prohibited from using other customers’ accounts and from sharing their account with other persons. The Customer is obliged to provide data consistent with the actual state. It is prohibited to provide content of an unlawful nature.

4. The Customer is obliged to use the Store in accordance with the law and good manners, respecting personal rights, copyright, and intellectual property rights of the Seller and third parties.

5. The Customer may seek technical assistance in case of issues regarding the operation of the Store website by sending an email inquiry to the specified email address.

6. The operation of available digital products on the website is possible through the following operating systems:

a) Windows

b) macOS

III. ELECTRONIC SERVICES 

1. Through the Store, the Seller provides electronic services to the Buyer. The following electronic services are available in the Store: Account, Order Form, Newsletter (receiving commercial information from the Seller in the form of messages sent to the email address provided by the Client).

2. Creating an Account is not necessary to place an order in the Store.

3. The use of the Account is possible after completing the Registration Form, clicking the “Create Account” button, and confirming the intention to create an Account by clicking the confirmation link sent automatically to the provided email address.

4. The “Account” electronic service is provided free of charge for an indefinite period. The Buyer has the option, at any time and without giving a reason, to delete the Account by sending the relevant request to the Seller, especially via email.

5. Order Form – using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the online Store.

6. The Order is placed after the Customer completes two subsequent steps: filling out the Order Form and clicking the “Order and Pay” button on the Store’s website or another equivalent.

7. The Customer may file complaints with the Seller regarding the use of Electronic Services. Complaints can be submitted in writing or by email. In the complaint, the Customer should provide their full name, correspondence address, type, and description of the problem encountered.

8. The Seller undertakes to consider each complaint within a period of up to 14 days.

9. If the Buyer decides to subscribe to the newsletter, the Seller also provides, electronically, a service to the Buyer consisting of sending the Buyer email messages containing information about products, services, current promotions. Subscription to the newsletter is done by completing and submitting the newsletter subscription form or by ticking the appropriate checkbox during the order placement process. The Buyer may unsubscribe from the newsletter at any time by clicking the unsubscribe button, visible in each message sent as part of the newsletter, or by sending such a request to the Seller’s address.

10. The services are provided free of charge electronically to the Buyer. 

11. A person who has subscribed to the newsletter has 14 days to withdraw from the contract. If the buyer does not consent to marketing activities, does not consent to the newsletter, and does not want to provide personal data but expresses a desire to obtain the content available in the newsletter, the right to obtain it for an appropriate fee is granted.

IV. REGISTRATION AND ACCOUNT MANAGEMENT

1. Placing an order is possible by creating an account in the Store or without the need to create an account in the Store. If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with an electronic service consisting of establishing and maintaining an Account in the Store.

2. The Buyer logs into the Account using their email address and the password they have created.

3. Creating an account in the Store is done by completing and submitting the Registration Form available on the Store’s website. Registration must be completed by filling out the Registration Form, which must contain the information necessary to create an Account and fulfill the order. The necessary information is clearly marked in the Registration Form.

4. Upon submission of the Registration Form, an agreement is concluded between the Buyer and the Seller for the management of the Account in the Store. The agreement is concluded for an indefinite period, and the Buyer may terminate this agreement with immediate effect at any time by deleting the account.

5. To terminate the Account maintenance agreement, it is sufficient to send an email to the Seller’s address. In a situation where the Seller is in the process of fulfilling an order placed by the Customer and accepted by the online store, the termination of the agreement will take effect upon fulfillment of the said order.

6. It is prohibited for the Customer to include unlawful content among the information available in the Account.

7. To ensure the security of the Buyer and the data transmitted while using the Store, the Seller takes technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

8. The Seller takes action to ensure the proper functioning of the Store. The Buyer informs the Seller of any irregularities or interruptions in the operation of the Store.

V. CONDITIONS OF CONTRACTING

1. Orders in the Store can be placed seven days a week, twenty-four hours a day.

2. The Buyer may place an order as an unregistered user or as a registered user, whereby a registered customer is a Buyer who has an account in the Store. The Buyer may create an account at the stage of placing an order or independently of placing an order.

3. The Order Form must provide the necessary data to fulfill the order. These data include: first name, last name, email address, and data necessary to issue a VAT invoice.

4. The customer places an order by adding a product to the cart.

5. After adding products to the cart, the Customer has the option to verify the added products, including removing them or making changes. At this stage, the Customer may return to continue shopping or proceed to pay for the order by clicking the appropriate buttons.

6. Upon proceeding to payment, the Customer is redirected to the login or Registration screen, unless the Customer is already logged in.

7. After selecting the payment method and informing the Customer of the total gross order amount, the Customer places the order by clicking the button labeled “Buy and Pay” or any equivalent phrase.

8. Placing an order is conditional upon accepting the regulations, which the Buyer should familiarize themselves with beforehand.

9. Correct completion of purchase forms is confirmed on the screen displaying the order summary, and in the case of choosing payment through the Przelewy 24 online service, payment information is also sent to the Customer’s email address provided, where information regarding the Store order and the electronic product purchased through the Store will be sent.

10. Payment must be made immediately after placing the Order.

11. An agreement on the provision of digital content is concluded between the Buyer and the Seller through the store, which applies to orders for electronic products, including online courses.

12. Upon successful payment, an agreement on the provision of digital content in the form of the selected electronic Product is concluded between the User and the Seller. Subsequently, the User is shown a purchase confirmation page.

13. For orders concerning physical products, the offer submitted electronically binds the Buyer if the Seller sends confirmation of acceptance for execution of the Order to the email address provided by the Buyer. This statement constitutes acceptance of the Customer’s offer, and an agreement of sale is concluded upon its receipt by the Customer.

VI. PAYMENT METHODS

1. After the Buyer places an order following the procedure described in these Regulations, a confirmation of the order placed in the Store will be sent to the Buyer’s email address.

2. The available payment methods for the order are described on the Store’s website. They are also made available to the Buyer when placing an order, namely: electronic transfer and card payment.

3. After clicking the finalizing button “Order and Pay” or any other with equivalent wording, the Buyer will have the option to choose the payment method and will be automatically redirected to the payment window operated by an external provider to make the payment for the order.

4. If the Buyer has chosen bank transfer as the payment method, after clicking the finalizing button for the order, they will be redirected to the Store’s page with instructions on how to make the payment.

5. The prices indicated on the Store’s website are gross prices, meaning they include VAT.

6. A document confirming payment will be issued for each order and will be attached to the email message.

7. During a price reduction of a product on our website, the Buyer is informed about the previous price valid for the last 30 days. If the product has been available for less than 30 days, the price at the time of its introduction is provided.

VII. LICENSING TERMS FOR PURCHASED PRODUCTS

1. The Buyer is obligated to comply with the terms of this license.

2. The Buyer has the right to use the purchased products for personal use only, in accordance with applicable law.

3. The Buyer is prohibited from sharing products or data from their account with other entities.

4. The purchased product cannot be subject to resale, distribution, or commercial sale.

5. The license granted to the Buyer does not include the right to:

• permanently or temporarily reproduce the product in whole or in part for any purpose other than creating a copy for personal use,
• make any other modifications to the product in whole or in part,
• distribute the product for a fee by any means and in any form,
• distribute the product free of charge by any means and in any form.

VIII. LIABILITY FOR DEFECTS

1. It is the Seller’s obligation to deliver to the Buyer a product free from defects.

2. The Seller is liable to the Buyer if the sold product has a physical or legal defect.

3. If the Buyer discovers a defect in the product, they should inform the Seller of this fact, specifying their claim related to the identified defect or submitting a statement to this effect.

4. To submit a complaint, the Buyer may use the complaint form available in these Regulations as an attachment. The Buyer may contact the Seller both by traditional mail and email, with the electronic form being preferred.

5. The details regarding the Seller’s warranty for defects are governed by the provisions of the Civil Code.

6. The Seller will notify the Buyer of the consideration of the complaint and its outcome in a message sent to the email or postal address provided by the Buyer in the complaint, within 14 days.

7. If the Buyer does not receive a response within 14 days, the complaint is automatically recognized.

8. It is recommended for the Customer to provide the following information in the complaint description: circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect, requests for how to bring the Product into conformity with the Sales Agreement, or statements about reducing the price or withdrawing from the Sales Agreement, as well as the contact details of the complaint submitter.

9. Providing the above information and circumstances will facilitate the complaint processing process. However, this information is only a recommendation and does not affect the effectiveness of complaints submitted without the recommended complaint description.

10. In the event of receiving an incomplete complaint, the Seller will request the Buyer to supplement it under the penalty of leaving the complaint without consideration.

11. For more information on Buyer’s rights, please visit the Office of Competition and Consumer Protection website – https://prawakonsumenta.uokik.gov.pl.

IX. WITHDRAWAL FROM THE AGREEMENT

1. If during the purchase of a Product, the Consumer or Business on consumer rights agreed to the execution of the agreement and the delivery of digital content in the form of the purchased product before the expiration of the withdrawal period, they lose the right to withdraw from the agreement concluded with the Seller.

2. In situations where the circumstances mentioned above do not apply, the Consumer or Business on consumer rights has the right to withdraw from the agreement under the conditions specified below.

3. Withdrawal from the agreement is done by informing the Seller of the decision by making a statement. Such a statement may be sent by regular mail or email.

4. The Consumer or Business on consumer rights may use the withdrawal form template provided as an attachment to these Regulations. However, using the form is only a recommendation, and not using it in the withdrawal process does not invalidate the withdrawal.

5. To meet the withdrawal deadline, it is sufficient for the Consumer or Business on consumer rights to send information regarding their exercise of the right of withdrawal before the withdrawal period expires.

6. In the event of withdrawal from the agreement, the Seller refunds all payments received from the Consumer or Business on consumer rights.

7. The refund will be made using the same payment methods that were used by the Consumer or Business on consumer rights in the original transaction, unless the Consumer or Business on consumer rights has expressly indicated otherwise.

8. The Consumer or Business on consumer rights will not incur any fees in connection with the refund method

X. PERSONAL DATA PROTECTION

1. The Seller is the administrator of the Buyer’s personal data.

2. The Buyer’s personal data is processed for the purpose of managing the user account, fulfilling orders, and, if necessary, defending, asserting, or determining claims related to sales contracts concluded via the Store.

3. Details regarding the processing of personal data and the use of cookies are available in the privacy policy on the Seller’s website.

4. The use of services provided electronically may involve the risk of obtaining and modifying customers’ data by unauthorized persons. To prevent this, customers should use appropriate technical measures to minimize the above-mentioned risks, in particular antivirus programs, a secure email inbox, and other means to protect the security of those using the public Internet network.

5. Please note that as the Seller, I never request the Buyer to provide me with their password in any form.

XI.OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM ENFORCEMENT

1. The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation. Details will be determined by the conflicting parties.

2. All disputes related to services provided by the Store will be settled by common courts, and Polish law will be applicable.

3. A consumer who is a Buyer has the right to use out-of-court methods of complaint resolution and claim enforcement. The rules for accessing these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodship trade inspection inspectorates, and at the following internet addresses of the Office of Competition and Consumer Protection:

4. http://www.uokik.gov.pl/spory_konsumenckie.php;

5. http://www.uokik.gov.pl/sprawy_indywidualne.php;

6. http://www.uokik.gov.pl/wazne_adresy.php.

7. There is also the possibility to use the online platform for resolving disputes between consumers and traders at the EU level (ODR platform), which is available at: http://ec.europa.eu/consumers/odr.

XII. FINAL PROVISIONS

1. The Seller reserves the right to introduce or withdraw offers, promotions, and to change prices of products in the Store without prejudice to the rights acquired by the Buyer, especially the conditions of contracts concluded before the change.

2. The Seller reserves the right to make changes to the Regulations. Contracts concluded before the change of the Regulations are subject to the Regulations in force on the date of conclusion of the contract.

3. This Regulation is effective from the date of publication on the Store’s website.

4. This Regulation has been prepared on the basis of Polish law. In matters not regulated by this Regulation, Polish law shall apply, including the Civil Code, the Consumer Rights Act, or other laws applicable to the operation and functioning of the online store within the territory of the Republic of Poland.

5. The provisions of the Regulation do not exclude the possibility for Customers to invoke the absolutely binding legal provisions regulating the protection of consumer rights.

6. The provisions of this Regulation do not exclude the taking of legal steps provided for in universally binding legal provisions against persons violating the license terms and copyright.