I (name and surname) hereby inform about my withdrawal from the Contract, concluded on……of the following Products:
•…
•…
– The date of conclusion of the Contract - ................................................................................
– Name and surname of the Consumer/ Quasi Consumer - ……………………………………..
– Address of the Consumer/ Quasi Consumer - …………………………………………………...
– Signature of Consumer/ Quasi Consumer (only if the form is sent in a paper version)
………………………………………….
– Date…………………………
*Attachment no. 1 - Model Withdrawal Form
1. Seller reserves the right to make changes to the Terms & Conditions for important reasons, i.e: changes in the law, changes in payment and delivery methods. These changes do not affect Contracts that have been concluded before the date of applied changes.
2. This Contract shall be governed by and construed in accordance with the law of Poland. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Consumer Rights Act; the Act on Electronic Services and other relevant provisions of generally applicable law.
3. A customer that is not a Consumer or a Quasi Consumer irrevocably agrees that the courts of Poland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter.
4. These Terms and Conditions shall come into force on 02 January 2024.
11. Final provisions
1. The Administrator of the Customer’s data that are being processed for the purpose of concluding the contract, is the Seller.
2. The provision of personal data is voluntary, but failure to provide personal data necessary to conclude this Contract results in the inability to conclude this contract.
3. More information regarding processing and storage of personal data are described in the Seller’s Privacy Policy, which can be found on the following page www.polafijalkocreative.com.
10. Data protection
1. The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://webgate.ec.europa.eu/odr/main/event=main.home.show. Consumers have the opportunity to use this platform for settling disputes between them and the entrepreneurs at the EU level.
2. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract.
3. The Seller agrees to submit any disputes arising in connection with the conclusion of the contract with the Seller through mediation proceedings.
4. Notwithstanding from the above, a Consumer has the possibility of having recourse to an out-of-court complaint and redress mechanism through the following options:
a) an application to settle a dispute to a permanent amicable consumer court (http://www.spsk.wiih.org.pl )
b) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller);
c) the assistance of the district (municipal) consumer ombudsman or social organisation, whose statutory tasks include consumer protection i.e. the Consumer Federation http://www.federacja-konsumentow.org.pl/ or Association of Polish Consumers.
9. Out of court dispute resolution and redress
1. A Consumer and a Quasi Consumer who concludes a Distance Contract may withdraw from the contract within 14 days without giving any reason. The time limit for withdrawal from a Contract starts from the moment the Contract is concluded. Paragraph 8.2. applies.
2. The Consumer and a Quasi Consumer shall not be entitled to withdraw from a Distance Contract, in relation to contracts for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon the consumer’s explicit consent before the time limit for withdrawal from the Contract expires and after the Consumer or a Quasi Consumer is notified by the Seller of the loss of the right to withdraw from the Contract. That means, that if the Consumer and a Quasi Consumer consents to the provision of services (delivery of the Product) before expiry of the time limit for withdrawal from the Contract, the Consumer or a Quasi Consumer loses the entitlement to withdraw from the Contract at the moment that consent is given.
3. The Consumer and a Quasi Consumer may withdraw from a Contract by serving the Seller a notice of withdrawal. The notice can be submitted using the model withdrawal form attached as appendix no. 1 hereto, or in any other form i.e. Seller’s email hello@polafijalkocreative.com. The time limit shall be considered observed if the notice is sent before the time limit ends.
4. The Seller promptly sends to the Consumer or a Quasi Consumer a confirmation of receipt of the notice of withdrawal, on a durable medium.
5. In cases of withdrawal from a Distance Contract or from an off-premises contract, the contract shall be deemed not tto have been concluded.
6. The Seller shall reimburse all payments received from the Consumer or a Quasi Consumer not later than 14 days from the day on which he is informed of the Consumer’s decision to withdraw from the Contract.
7. The Seller shall carry out the reimbursement using the same means of payment as the Consumer or a Quasi Consumer used for the initial transaction
8. Right of withdrawal
1. The Seller provides Digital Content in accordance with the Agreement. If the Digital Content is inconsistent with the Agreement, the Seller is liable to the Consumer or the Quasi Consumer for bringing it into conformity with the Agreement under the provisions of Chapter 5b of the Act on Consumer Rights.
2. Within two years of receipt of the Product by the Consumer or Quasi Consumer, the Seller shall be liable for non-compliance of the Digital Content with the Agreement. In the case of Digital Content delivered on a continuous basis, the Seller is liable for the period of delivery of the Digital Content. Non-compliance of the Digital Content with the Agreement occurs if:
a) description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates of the Digital Content are inconsistent with the Agreement,
b) The Digital Content is not suitable for a specific purpose, which the Seller was informed about by the Consumer or Quasi Consumer at the latest at the time of conclusion of the Agreement and which the Seller accepted,
c) Digital Content is not suitable for the purpose for which Digital Content of this type is usually used, taking into account applicable laws, technical standards or good practices,
d) The Digital Content is not provided in a certain amount, does not ensure durability and security, functionality, compatibility, accessibility, continuity and security, which are typical for this type of Digital Content and which the Consumer or Entrepreneur with consumer rights can reasonably expect, taking into account the nature of the Content and public claims made by the Seller,
e) The Digital Content was not supplied with the accessories and instructions that could be expected to be provided,
f) The Digital Content does not correspond to the model or sample made available to the Consumer or Quasi Consumer prior to the conclusion of the Agreement.
3. In accordance with the applicable regulations, the non-compliance with the Agreement, which became apparent within one year after delivery of the Digital Content, shall be presumed to have existed at the time of delivery. In case of delivery of Digital Content on a continuous basis, if the non-compliance became apparent at the time it was to be delivered in accordance with the Agreement, the non-compliance with the Agreement shall be presumed to have occurred at that time.
4. The Consumer or Quasi Consumer is obliged to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means, in order to determine whether the lack of compliance of the Digital Content with the Agreement results from the characteristics of the digital environment of the Consumer or Quasi Consumer. In the absence of the cooperation the presumptions referred to in paragraph 3 above does not apply.
5. In the case of non-compliance of the Digital Content with the Agreement, the Consumer or Quasi Consumer shall have a claim against the Seller to bring the Digital Content into conformity with the Agreement. The Seller may refuse to bring the Digital Content into conformity with the Agreement if bringing the Digital Content into conformity with the Agreement in the manner chosen by the Consumer or Quasi Consumer is impossible or would require excessive costs for the Seller.
6. The Seller brings the Digital Content into compliance with the Agreement within a reasonable time after the moment of receiving the information from the Consumer or Quasi Consumer about the lack of compliance with the Agreement, without undue inconvenience to the Consumer or Quasi Consumer, taking into account the nature of Digital Content and purpose in which it is used. The costs of bringing the Digital Content into compliance with the Agreement shall be borne by the Seller.
7. The Consumer or Quasi Consumer may demand a withdraw from the Agreement if:
a) the Seller has refused to bring the Digital Content into conformity with the Agreement in accordance with paragraph 5 sentence 2 above,
b) the Seller has failed to bring the Digital Content into conformity with the Agreement within a reasonable time, or bringing it into conformity with the Agreement would involve undue inconvenience for the Consumer or Quasi Consumer,
c) the lack of conformity of the Digital Content with the Agreement continues, even though the Seller has tried to bring it into conformity with the Contract,
d) the lack of conformity of the Digital Content with the Agreement is so significant that it justifies an immediate reduction of the price or withdrawal from the Agreement, without first exercising the claim to bring the Digital Content into conformity with the Contract,
e) it is clear from the Seller’s statement or circumstances that the Seller will not bring the Digital Content into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer or Quasi Consumer.
8. The Consumer or Quasi Consumer may not withdraw from the Agreement if the lack of compliance of the Digital Content with the Agreement is insignificant. The inconsistency of the Digital Content with the Agreement shall be presumed to be material.
9. In the event of withdrawal from the Agreement due to non-compliance with the Contract, the Seller:
a) is not entitled to demand payment for the time during which the Digital Content was not in compliance with the Agreement, even if the Consumer or Quasi Consumer actually used it before withdrawal from the Agreement,
b) is obliged to refund the price only for the part corresponding to the Digital Content that is inconsistent with the Agreement and the Digital Content that the obligation to deliver has ceased as a result of withdrawing from the Agreement,
c) is obliged to make a refund immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the Agreement or lowering the price,
d) makes a refund using the same method of payment used by the Consumer or Quasi Consumer, unless the latter expressly agreed to a different method of refund that does not involve any costs for him.
10. A complaint regarding non-compliance of the Digital Content with the Agreement can be submitted in any form - using Seller’s contact details - along with a description of the defect and proof of purchase.
11. The complaint should contain in particular the following data: name and surname of the Consumer orQuasi Consumer, address, order ID, transaction date, subject and reason for the complaint, bank account number and contact details.
12. The Consumer or Quasi Consumer will receive information on the decision on admitting or refusal to admit a complaint within 14 days from the day following the date of receipt by the Seller of information about the complaint. The consumer or Quasi Consumer will be notified about the abovementioned decision via e-mail address provided when placing the order.
7. Non-compliance of the Digital Content with the Agreement
1. All Products are proprietary and may not be duplicated, copied or reproduced without the prior express written permission of the Seller. You may not create any derivative works from the purchased product and you may not sell, rent, lease, sublicense, give, loan or redistribute them, without the prior express written permission of the Seller. All trademarks, logos, and service marks displayed on any materials provided as part of your Product under this Contract are protected by Polish Law and International copyright and Intellectual Property laws.
2. To the extent that the Seller has the right to grant permits for further use of the Product, it is assumed that upon payment, the Customer is granted a non-exclusive, non-assignable, non-transferable and non-sublicensed (including no right to authorise other persons to use the content in the scope of the licence granted) licence to use the Product, for personal and commercial use, without restrictions as to the territory and time, on the following fields of operation:
a) repeated downloading the Product and saving it with digital technologies in computer memory or a digital device,
b) permanent or temporary reproduction or storage of the Product with digital technique;
c) usage of the Product limited to up to three digital devices and simultaneous usage per one person. (As a guideline, it is forbidden to share the Product, in any way, with others. Licence is granted only to a Customer who purchased a Product.)
6. Copyrights and licence
1. All prices on the Website are given in euro. Prices shown to the Customer exclude value added tax (VAT) at the applicable rate, as Seller isn’t obligated to pay VAT. If Customer residence is outside of the EU, he shall contact the Seller before placing the Order in order. The direct sale of products available in the Shop is restricted exclusively to residents of the European Union.
2. Prices given on the website on the date the Order is placed shall apply. The Seller reserves the right to change prices and alter or remove any special offers from time to time and as necessary, as well as add promotions.
3. The Seller provides the Customer with the following methods of payment:
a) electronic payments and credit/debit card payments (via Stripe.com or Paypal.com),
b) online bank transfer to the Seller’s bank account (only upon prior request).
4. Not making a payment within three working days will be deemed as cancellation of the Contract.
5. Provider for the electronic payments and credit/debit cards payments is to the Customer choice: Stripe Payments Europe, Limited (SPEL) 1 Grand Canal Street Lower Grand Canal Dock Dublin D02 H210 Ireland or PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg.
6. An invoice is issued for each Order. It is delivered electronically to the e-mail address provided in the ordering process. Acceptance of Terms And Conditions is deemed as a consent to send an invoice in electronic format.
7. The Seller does not use an algorithm that adjusts prices based on automated decision-making.
5. Prices and methods of payment
1. The Customer may purchase a Product from the Shop’s assortment by placing an Order. The Customer places an Order after providing the necessary personal data enabling the order to be processed.
2. Orders can be placed 24 hours a day, 7 days a week.
3. Information provided while submitting the Order shall be accurate and truthful, otherwise the Contract may not be concluded. Before refusing to execute the Order, Seller will try to contact the Customer in order to determine the data in the scope enabling the Order to be processed.
4. Customer selects the Product that is available at the time of ordering, in accordance with its description and price, and specifying its quantity. Customer completes the Order by taking further technical steps to place the Order based on the messages displayed to him and the information available on the Website.
5. After the Customer has provided all the necessary data, a summary of the Order will be displayed. To place the Order, the Customer must complete the fields marked as obligatory and click the “Buy and pay” button.
6. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order to execution. The confirmation of receipt is sent by the Seller to the e-mail address provided at the time of placing the Order. Upon the receipt of the above e-mail by the Customer, the Contract is concluded between the Customer and the Seller.
7. The Product will be delivered to the Customer in the manner and within the time specified in the description of the Product, through email provided by the Customer while placing the Order. In the event of not receiving email containing a download link, Customer is requested to contact the Seller on the following email address: hello@polafijalkocreative.com.
8. The Seller maintains the possibility to download the Digital Content of not less than 1 year from the purchase of the Digital Content.
4. Procedure for concluding a Contract Delivery of the Product
1. The following Electronic Services are available in the Shop: Order Form and contact form. Electronic Services are provided 24 hours a day, 7 days a week.
2. The Order form Electronic Service is an interactive form available in the Online Shop which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Terms and Conditions, including the method of delivery and payment. The Order form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the form or upon earlier discontinuation of placing the Order by the Service Recipient.
3. Service Provider provides an electronic service enquiry form. It is a web tool that allows Service Recipient to submit any inquiry. Enquiry form service is provided free of charge for an indefinite period. The Service Recipient has the right to terminate this service at any time by logging out and leaving the Website.
4. The Service Provider reserves the right to carry out maintenance or modernization work on the Shop, which may temporarily hinder or prevent the use of services described in the Terms and Conditions.
5. The Service Provider shall not be liable for any interruptions in the operation of the Website caused by force majeure, equipment failure or unauthorised interference by the Service Recipients or third parties or any other cause beyond the Service Provider’s control. The Service Provider shall not be liable for incorrect operation of telecommunications systems and software installed on the Service Recipient’s computer or any other digital device.
6. The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Shop (excluding the complaint related to implied warranty of Products) the Service Recipient may submit, for example, in electronic form via e-mail to the following address: hello@polafijalkocreative.com. The complaint shall contain information and circumstances regarding the subject of the complaint, in particular the type and date of
occurrence of the irregularity, the Service Recipient’s request; and the contact details of the complaining party. The complaint will be considered within 14 days from the date of its submission.
3. Services provided by electronic means
1. Products available in the Shop (for example: e-books, online courses and other online content) constitute digital content within the meaning of the Act of May 30, 2014 on Consumer rights and also constitute a Work within the meaning of the Act of February 4, 1994 on Copyright and related rights, to which Seller is entitled.
2. Placing orders by the Customer for Products is possible after providing the necessary personal data enabling the Order to be processed. The Customer cannot place an Order anonymously or under a pseudonym.
3. The sell of the products available in the Shop is limited to European Union. By purchasing our products, Customer acknowledges and confirms that he is a resident of the European Union. Customer is obligated to provide EU billing address in the final checkout. The Seller reserves the right to request Customer’s EU billing address.
4. To use the Shop, including viewing the assortment and placing Orders for Products, it is necessary to meet the minimum technical requirements, such as:
a) computer, laptop or other multimedia device connected to the Internet,
b) web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge - updated to the latest versions,
c) active e-mail account (e-mail),
d) enabling cookies and Javascript support in the web browser,
e) recommended minimum screen resolution: 1024x768.
5. Digital content compatibility (information regarding both hardware and other software) and functionality of the Product (ie. information about its language, duration, file type, access, updates, and any additional requirements) are displayed each time in the description of a given Product.
6. If the Customer uses computer hardware or software that does not meet the technical requirements listed above, the Service Provider does not guarantee the proper functioning of the Shop or Products and reserves that this may have a negative impact on the quality of the services provided by electronic means, for which Seller is not liable.
7. When using the Shop, Customer should do so in accordance with the following rules:
a) you must refrain from any activity that could affect the proper functioning of the Website, including in particular any interference with the content of the Website or its technical elements,
b) you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist,
c) you must use any content posted on the Website only for personal use,
d) you must not use the Website in a way that is not inconvenient for other Customers and for the Seller,
e) you must not impersonate other people, particularly employees and representatives of the Seller,
f) you must not use the Website for unauthorised mass-communication such as “spam” or “junk mail”.
8. Failure to comply with the above rules may result in depriving the Customer of the right to use the Website, and may limit his access to some or all of the Shop’s resources, with immediate effect, as well as assert claims for damages pursuant to applicable regulations.
9. The Seller declares that all opinions about the Products disclosed on the Shop’s website as well as opinions published by the Seller in the Shop’s social media, come exclusively from Customers who purchased the product in the Shop. We obtain opinions from Customers by sending inquiries to the Shop’s Customers containing a request to give an opinion on a purchased Product.
10. Digital content sold in the Shop, due to its specificity, does not require updating to maintain its compliance with the Agreement.
2. General provisions
1. Seller/ Service Provider - Paulina Fijałkowska Pola Fijalko Creative incorporated under the law of Poland with Tax Identification Number (NIP)9462718765, whose delivery address is Dąbrowska 21 Lublin 20-416, IG profile @polafijalkocreative.
2. Shop/Website – The Service Provider’s online Store available at the Internet address: www.polafijalkocreative.com.
3. Product/ Digital Content – a digital content, in particular online courses, ebooks or other data produced and supplied in digital form, available in the Shop, being the subject of the Contract between the Customer and the Seller.
4. Contract - contract for the Supply of digital content concluded between the Customer and the Seller, through the Shop, that allows the Customer to access data in digital form (Product) after the payment for the Order.
5. Customer – a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity, or a legal person, or an organisational unit without legal personality for which the law grants legal capacity; who has concluded or intends to conclude a Contract with the Seller.
6. Consumer - an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
7. Quasi Consumer - a natural person concluding a Contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
8. Distance Contract – a Contract concluded with a Consumer within the organised distance contracting system without the simultaneous physical presence of the parties, with exclusive use of one or more means of distance communication up to and including the moment the contract is concluded.
9. Terms and Conditions - hereby Terms and Conditions.
10. Electronic Service – the service provided electronically by the Service Provider to the Service Recipient via Shop.
11. Service Recipient – a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity, or a legal person, or an organisational unit without legal personality for which the law grants legal capacity, for which the law grants legal capacity; – using or intending to use the Electronic Service.
12. Order – Customer’s declaration of intent submitted via the Order Form and aimed directly to conclude the Contract with the Seller.
13. Working day – a day other than a Saturday, Sunday or public holiday in Poland, between 9 am to 5 pm GMT +1.
14. Order Form - Electronic Service, an interactive form available in the Shop that allows placing an Order.
