TERMS AND CONDITIONS OF ON-LINE SHOP

TABLE OF CONTENTS

1 GENERAL PROVISIONS AND CONTACT DETAILS 1

2 DEFINITIONS

3 TECHNICAL REQUIREMENTS

4 PLACING AND PERFORMING ORDERS

5 PRODUCT PRICES AND PAYMENT METHODS 

6 PRODUCT DELIVERIES – COSTS, FORMS AND TIME OF DELIVERY

7 SERVICES PROVIDED BY ELECTRONIC MEANS

8 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

9 INTELLECTUAL PROPERTY RIGHTS, LICENSE, COPYRIGHT

10 PERSONAL DATA AND COOKIES

11 OUT-OF-COURT METHODS OF DISPUTE RESOLUTION

AND SEEKING SATISFACTION OF THE CONSUMER’S CLAIMS

12 FINAL PROVISIONS

ANNEXE NO. 1 – TEMPLATE OF THE FORM OF WITHDRAWAL FROM THE CONTRACT.. 17

§1 GENERAL PROVISIONS AND CONTACT DETAILS
  1. The online shop is available at https://www.jakubdrzazga.com and on the relevant subpages after registration and is operated by the Seller.
  2. In the event of any complaint about an Order placed, please contact the Seller with the use of the following contact details:
  1. The Customer may communicate with the Seller with the use of the e-mail address and contact form available as part of the Shop (if any).
  2. The principles of using and placing Orders, concluding Product Sale Contracts and filing complaints as part of the Shop are specified in these Terms and Conditions.
  3. The Seller makes the Terms and Conditions available to the Customer or User free of charge before using the Online Shop. The Customer may record the content of the Terms and Conditions in a manner convenient for him/her, e.g. by saving them on a durable medium or printing.
  4. The use of the Shop and conclusion of the Sale Contract are conditional on the acceptance of these Terms and Conditions. By accepting these Terms and Conditions, the customer agrees to all the provisions and undertakes to comply with them.
  5. The prices quoted in the Shop are net prices, to which the VAT rate must be added. For domestic transactions, 23% VAT should be added to the net price. For foreign customers, the VAT rate will be determined after sending information on the type of economic activity, in accordance with the VAT Act.
  6. The information about the Products indicated on the Shop webpages, in particular their descriptions, technical parameters and prices, does not constitute an offer within the meaning of the Polish Civil Code, but it only serves as an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.
  7. When using the Shop it is prohibited to provide any illegal content, and in particular it is prohibited to:
    • send and post spam as part of the Shop
    • provide and transmit any content prohibited by law, in particular through the forms available in the Shop;
  8. The Customer is obliged to:
    • Use the Shop in a manner consistent with these Terms and Conditions, applicable laws and regulations;
    • Use the Shop in a manner that does not hamper its functioning;
    • Use any content available on the Shop subpages solely for personal use, in accordance with the licence granted.
  9. The Customer may not make a purchase anonymously or under a pseudonym or with the use of incorrect personal data.
  10. In order to delete the Customer’s account, the Shop must be informed in writing or by e-mail about the Customer’ will to delete the account.

§2 DEFINITIONS

The following terms used in these Terms and Conditions have the following meanings:

  1. Seller– Jakub Drzazga conducting economic activity under the business name of Agile Coaching – Jakub Drzazga, address: Hirszfelda 11/8, 53-413 Wrocław, NIP (Tax Identification Number): 619-18-98-362, in accordance with the document generated from the Central Registration and Information on Economic Activity
  2. Customer or User – a natural person, a legal person or an unincorporated association granted legal capacity under specific laws and regulations that places an Order in the Shop and does the shopping through the Shop;
  3. Consumer – a natural person that concludes a contract with the Seller as part of the Shop whose subject is not directly connected with his/her business or professional activity.
  4. Account– a Customer’s or User’s account established on the Shop online platform, allowing to gain access to the purchased trainings and products.
  5. Entrepreneur – a natural person, a legal person and an unincorporated association granted legal capacity under specific laws and regulations, performing on its own behalf the economic activity, that uses the Shop.
  6. Terms and Conditions– these Terms and Conditions of the Shop.
  7. Online Shop or Shop– the online shop available at https://www.jakubdrzazga.com and on its subpages, through which the Customer may place Orders and purchase certain Products.
  8. Product or Electronic Product – the services and materials manufactured and delivered in digital form, available as part of the Shop, intended for sale, in particular materials made available on the Shop subpages, trainings, consultations, individual services. The products are sold against payment, unless expressly stated otherwise.
  9. Sale Contract – a product sale contract concluded between the Seller and the Customer through the Shop.
  10. Consumer Rights Act – the Consumer Rights Act of 30 May 2014 (Dz. U. of 2014, item 827, as amended), hereinafter referred to as the “Act”.
  11. Polish Civil Code – the Polish Civil Code of 23 April 1964 (Dz. U. No.16, item 93, as amended), hereinafter referred to as the “Polish Civil Code”.
  12. Act on Provision of Services by Electronic Means – the Act on Provision of Services by Electronic Means of 18 July 2002 (Dz. No. 144, item 1204, as amended), hereinafter referred to as the “APSEM”.
  13. Order– an action, a declaration of will of the Customer aimed directly at concluding the Product Sale Contract with the Seller and making a performance for the Customer, in compliance with these Terms and Conditions
  14. Order form – a form of the Shop, used by the Customer to place an Order and perform the Sale Contract.
  15. Distance Contract – a contract concluded with the Customer as part of the Shop, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
  16. Payment Operator – com 510 Townsend Street San Francisco, CA 94103 USA.
  17. Proof of payment – an invoice issued in accordance with the Goods and Services Tax Act of 11 March 2004 and other relevant laws and regulations.
  18. Payment– a payment made to the Seller’s account with the use of the online payment methods available in the Shop, depending on the chosen payment method and the ordered Product.
  19. System – the set of IT equipment and software cooperating with one another, providing for processing and storage, sending and receiving data through telecommunication networks with the use of a terminal device characteristic of a given type of the network (Internet).

§3 TECHNICAL REQUIREMENTS

  1. The Customer may use the functions of the online shop in a manner consistent with the Terms and Conditions, applicable laws and regulations and in a manner that does not interfere with the functioning of the online shop and other Customers.
  2. The following is required in order to use the Shop, including to view the Products offered by the Shop and place orders for Products and Electronic Products:
  • access to the Internet from a device allowing for such access;
  • properly configured, current version of the browser that supports cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
  • active and properly configured e-mail account,
  • current tool/programme supporting electronic files in pdf, doc., docx, xsl, mobi, pub., etc., in case of ordering electronic products in the electronic format described in the offer.
  1. The Seller provides technical means allowing to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorised third parties.
  2. The Seller takes appropriate actions in order to ensure proper functioning of the Shop.
§4 PLACING AND PERFORMING ORDERS
  1. The Customer may purchase the Product by choosing it from the relevant subpage of the Shop. The Customer may choose between different variants of the Product, at different prices (if such possibility is clearly indicated in the Product description).
  2. After choosing the Product, in order to make a purchase, the Customer should take further steps in accordance with the messages displayed on the Shop pages. At first the Customer should click the “Add to Cart” button, shown together with the price and product description, as a result of which the chosen Product will be added to the cart. Then, he/she may make further purchases or click the “View Cart” button, then click the “Go to checkout” button and finalise the purchase on the next page.
  3. In order to place an Order the Customer has to provide the following data in the forms:
    • first name and surname or company name together with the tax identification number,
    • address (country, street, building number, flat/office number, postal code, town/city),
    • e-mail address,
    • phone numbers (optionally),
    • acceptance of the Terms and Conditions by ticking the box marked as “Accept the Terms and Conditions”. The acceptance is necessary to place and finalise the Order.
    • Giving consent to performance of the order by the Shop by clicking the “Buy and pay” button, which indicates the necessity to pay for the order.
  4. The customer may also optionally submit comments to the order (additional information).
  5. In the process of placing an Order, the Customer is also obliged to choose the form of payment for the ordered Products from those currently available in the Shop.
  6. While placing an Order, before clicking the “Buy and pay” button, the Customer may modify the personal data provided by him/her and the data relating to the Products chosen by him/her, as well as the form of payment.
  7. By clicking the “Buy and pay” button, the Customer is aware of the fact that the conclusion of the contract is connected with the obligation to pay the amount due to the Seller.
  8. Sending an Order by the Customer constitutes a declaration of will to conclude a Sale Contract with the Seller, in compliance with these Terms and Conditions.
  9. The Customer makes a payment by choosing one of the payment methods available in the Shop, and then by effecting the payment.
  10. The fact of purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
  11. The Sale Contract is deemed to be concluded upon receipt by the Customer of the e-mail referred to in paragraph 12 of this Section. The Sale Contract is concluded in the Polish language, of the content conforming with these Terms and Conditions.
§5 PRODUCT PRICES AND PAYMENT METHODS
  1. The Product prices quoted on the Shop webpage are net prices, to which the VAT rate must be added. For domestic transactions, 23% VAT should be added to the net price. For foreign customers, the VAT rate will be determined after sending information on the type of economic activity, in accordance with the VAT Act.
  2. The Seller reserves the right to change prices of the Products presented in the Shop, introduce new Products, withdraw Products, carry out promotions and give discounts, as well as temporarily offer Products free of charge. The above right does not affect Orders which were placed before the effective date of any change. The details and duration are always included in the description of the Product.
  3. The duration of each promotion is limited. Discounts and promotions do not add up.
  4. The Customer may choose the following payment methods for the ordered Products:
    • by bank transfer, payable directly to the Seller’s account. For this purpose, please contact the Seller to the contact details given in the Terms and Conditions. A confirmation of participation in the training will be sent after receiving and crediting the transfer to the Seller’s bank account;
    • by electronic transfer, payable directly to the Seller’s account via Stripe/Przelewy24/credit card – in the transfer in the field “Title” please provide at least the number of the Order. A confirmation of participation in the training will be sent after receiving and crediting the transfer to the Seller’s bank account;
    • by payment card, through the payment card operator Stripe.com. A confirmation of participation in the training will be sent after receiving and crediting the transfer to the Seller’s bank account. The authorisation and processing of personal data are carried out through a given bank;
    • via PayPal – the Customer will be redirected to the PayPal website in order to make the payment in accordance with the rules indicated by PayPal.
  5. When paying for the Product, the Customer may use his/her discount coupons by entering the coupon code in the “Coupon Code” field and clicking the “Apply coupon” button. The discount will be added to the shopping cart.
  6. An invoice is issued for each Order (for the name of a natural person or data of a company, if company details have been provided) in electronic form, and is sent to the Customer automatically, to which the Customer hereby consents.
§6 PRODUCT DELIVERIES – COSTS, FORMS AND TIME OF DELIVERY
  1. A confirmation of participation in the training will be made after the payment has been credited.
  2. A confirmation of participation in the training will be sent to the e-mail address indicated in the Order Form.
  3. If at the time of purchase the Customer chooses to make a prepayment, he/she undertakes to immediately pay the funds to the Seller’s bank account. If no payment is credited to the Seller’s bank account within 3 business days of placing an Order in the Shop (except for Saturdays, Sundays and other days legally free from work), the Order will be cancelled.
  4. In the event of consultations, trainings, or other individual services ordered by the Customer, which are available in the Shop, the service will be provided on the date chosen by the Customer in the online calendar (if available) or on the date indicated in the description of the Product.
  5. The payment date is deemed to be the date of crediting the funds to the Seller’s bank account.
§7 SERVICES PROVIDED BY ELECTRONIC MEANS
  1. Through the Shop, the Seller provides services to the Customer by electronic means.
  2. The basic service provided by electronic means by the Seller for the Customer is allowing the Customer to conclude a contract (purchase contract) with the Seller by electronic means. This service is provided free of charge and is included in the price paid for placing the Order.
  3. The Seller also provides the Customer with a service in the form of sending a newsletter, if the Customer has consented to it. Detailed information about sending, subscribing for the newsletter and unsubscribing are described in the Privacy Policy.
  4. The Seller also provides the Customer with a service consisting in registering and maintaining an Account and providing the Customer with access to the Account by means of login, if the Customer has decided to establish the account. This service is included in the price paid by the Customer for the Product.
  5. In order to establish an individual Account, the Customer should fill in the registration form and accept the Terms and Conditions, and then place an Order.
  6. Information relating to the establishment of an account and an activation link allowing to establish a password will be sent to the e-mail address provided by the Customer. After clicking the link and setting an individual password, an Account is activated and may be used by the Customer.
  7. Establishing an Account is not a prerequisite for placing an order in the Shop.
  8. Upon effective registration of the Account, an agreement regarding the provision of free services by electronic means is concluded for an indefinite period.
  9. The Customer logs into the Account with the use of the e-mail address or login and password. A new password may be generated by the Customer at any time if the previous one has been lost or forgotten.
  10. In order to ensure the security of the Customer’s data in connection with the use of the Shop, the Seller takes technical and organisational measures to prevent the acquisition and modification of personal data by unauthorised persons.
  11. The Seller takes steps aimed at ensuring correct functioning. The Customer may inform the Seller of any irregularities or interruptions in the functioning of the Shop.
  12. It is forbidden to share the Customer’s Account data with third parties and to create several Accounts for one User.
  13. In the event of Customers who are not Consumers, the Seller may terminate the agreement regarding the provision of services by electronic means, consisting in maintaining the Customer’s account, with immediate effect and without a cause, by sending a relevant notice to the Customer, also by electronic means, to the e-mail address provided by the Customer for the purpose of registration of the Account.
  14. In the event of Customers who are Consumers , the Seller may terminate the agreement regarding the provision of services by electronic means and delete the Customer’s account or deprive the Customer of the right to place Orders at any time with a 14-day notice period, in which event the Customer retains the rights acquired before the termination of the agreement.
  15. In the event of Customers who are Consumers , the Seller may terminate the agreement regarding the provision of services by electronic means and delete the Customer’s account or deprive the Customer of the right to place Orders, with immediate effect, for important reasons, in the event of a material and gross breach by the Customer of these Terms and Conditions, i.e. in particular, if the Customer uses the Shop and the Account in a manner inconsistent with applicable laws and regulations or these Terms and Conditions and contrary to good customs and the purpose of the Account and the Shop, in a manner that causes a nuisance for other Customers and for the Seller, copies the Seller’s Products and Services or makes them available to third parties without the Seller’s consent, provides the Seller with untrue, incorrect or inaccurate data, or data infringing the rights of third parties, or violates or attempts to violate the technical security of the Shop and the Account in order to gain unauthorised access to its resources.
  16. The agreement regarding the provision of services by electronic means may also be terminated by the Parties by mutual agreement at any time.
  17. The agreement regarding the provision of services by electronic means may be terminated by the Customer at any time with a 14-day notice.
  18. As a result of deleting the Account by the Seller, the Customer loses access to all Products and resources previously available in his/her Account.
  19. In order to delete the Account, the Customer may delete the existing Account on his/her own or contact the Seller by electronic means.
  20. The Seller informs that deleting the Customer’s Account may hamper or prevent the Customer from using the Products in the Shop, including the Products that have been ordered.
§8 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
  1. The consumer has the right to withdraw from the contract within 14 days from the date of conclusion of the contract, without a cause, subject to paragraph 6.
  2. In order to exercise the right of withdrawal, the Consumer must inform the Seller of his/her decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by e-mail or via the contact form available on the Website). In order to meet the time limits for withdrawal from the contract it suffices for the Consumer to send the information regarding the exercise of the right to withdraw from the contract prior to the lapse of the time limit for withdrawal from the contract.
  3. An example of the content of the (form of) statement of withdrawal from the contract is contained in the Annexe to these Terms and Conditions.
  4. The Seller is obliged to, immediately but not later than 14 days of the date of receiving the Consumer’s statement of withdrawal from the contract, refund to the Consumer all payments made by the Consumer, subject to paragraph 6 of this Section.
  5. The refund of the payment shall be made by the Seller with the use of the same method of payment as the method used by the Consumer, unless the Consumer has expressly consented to another method of refund that does not involve any costs for it.
  6. The Customer does not have the right to withdraw from the contract if the service has already been performed / if the performance was made before the end of the time limit for withdrawal from the contract. The Customer consents to gaining access to the Product before the date referred to in paragraph 1 and is aware of the loss of the right to withdraw from the contract.
  7. If a corrective invoice is issued, the invoice will be issued by the Shop at the time of the refund made to the Customer’s account. The invoice will be sent to the Customer by electronic means to the e-mail address indicated when placing the Order.

§9 INTELLECTUAL PROPERTY RIGHTS, LICENSE, COPYRIGHT

  1. All content, electronic materials and the Products (including the Electronic Products) and services provided by the Seller, available in the Shop are works within the meaning of the Copyright and Related Rights Act of 4 February 1994, are subject to legal protection and constitute intellectual property of the Seller.
  2. The Seller grants the Customer a non-exclusive and non-transferable license, without the right to grant sub-license, for the use of the subject of the contract/product. The Customer is authorised under the contract to use the Product only for his/her own purposes, without territorial restrictions, in the following fields of exploitation:
  • With regard to the recording of a work – recording with the use of the digital technology – recording by digital processing on a dedicated platform (Customer Account) maintained by the Seller,
  • Printing for the Customer’s own use of materials in pdf., doc. and docx. formats,
  • Recording with the use of the digital technology, modifications for the Customer’s own needs, to the extent indicated in the relevant instructions or comments, e.g. on the Customer’s own hard drive.
  1. The licence set out in paragraph 2 is valid for the duration of the access to the Product. The period of access to a given Product and, consequently, the duration of the license is indicated in the description of the given Product. The license fee is included in the fee paid by the Customer.
  2. The Customer is forbidden, both in respect of the whole Product and its parts, from:
    • making the Product available and presenting it to third parties,
    • publishing the Product, regardless of the form of publication, except as permitted by instructions or comments,
    • copying, duplication for purposes other than personal use.
    • The User undertakes to observe due care in order to ensure that the Product, in particular the Electronic Product (educational materials available on the e-learning platform) is not disclosed to unauthorised/third parties.
    • The Seller hereby informs the Customer that any distribution of the Electronic Products, any other content or Products made available by the Seller constitutes violation of the applicable laws and regulations and may result in civil or criminal liability. The Seller may also seek satisfaction of claims for appropriate compensation for material or non-material loss in accordance with the applicable laws and regulations.
    • In the event of an intention to use the Product in a manner inconsistent with these Terms and Conditions, the Customer is obliged to obtain the Seller’s written consent.
    • The Seller is entitled to periodically update the Products, in particular the Electronic Products (trainings, VODs, materials in the pfd., docx. format, exercises, lessons, modules).
    • The Customer consents to including his/her logotype on the list of the Seller’s customers and hereby grants the Seller a non-exclusive licence, free of charge, unlimited in time and territory to use for the purpose of the Seller’s economic activity in the following fields of exploitation: recording by digital means in computer memory and the Internet, multiplication by any technique, distribution in the Shop, on the Seller’s webpages, public display, without the right to sublicense.

§10 PERSONAL DATA AND COOKIES

Pursuant to Article 13(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Personal Data Protection Act of 10 May 2018, please be informed that:

  1. The Controller of the Customer’s personal data is Jakub Drzazga, conducting economic activity under the business name of Agile Coaching – Jakub Drzazga, NIP (Tax Identification Number): 6191898362, REGON (Statistical Number): 022333575, in accordance with the document generated from the Central Registration and Information on Economic Activity, hereinafter also referred to as the “Seller”. The Controller performs the tasks of the Data Protection Officer on his own. You may contact the Controller with the use of the following data: e-mail address: jakubdrzazga@gmail.comor in writing to the Controller’s address.
  2. The Customer’s personal data provided in the forms available in the Shop will be processed on the basis of a contract concluded between the Customer and the Controller, which is concluded as a result of the acceptance of these Terms and Conditions, pursuant to Article 6(1)(b) of the GDPR (necessity to conclude and/or perform the contract). It is necessary for the performance of this contract (performance of an order for the Product and creation of the Account) and then maintaining the Customer’s Account and customer service relating to the concluded contract.
  3. The Customer’s personal data may also be processed for the following purposes and on the following legal grounds:
    • to issue an invoice and fulfil other obligations under the tax law – under Article 6(1)(c) of the GDPR (legal obligation);
    • to perform payment transactions through the electronic payment transaction operator – under Article 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
    • to consider complaints or claims – under Article 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
    • to establish, exercise or defend against legal claims  under Article 6(1)(f) of the GDPR (legitimate interest of the Controller);
    • to contact the Customer by phone in matters relating to the provision of the service – under Article 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
    • to store unpaid orders – under Article 6(1)(f) of the GDPR (legitimate interest of the Controller);
    • to maintain registries relating to the GDPR and other legislation – under Article 6(1)(c) of the GDPR (legal obligation) and under Article 6(1)(f) of the GDPR (legitimate interest of the Controller);
    • for archiving and evidentiary purposes, in order to safeguard information that may be used to demonstrate facts – under Article 6(1)(f) of the GDPR (legitimate interest of the Controller);
    • to use cookies on the Shop webpage and its subpages – under Article 6(1)(a) of the GDPR (consent);
    • to carry out direct marketing addressed to the Customer – under Article 6(1)(f) of the GDPR (legitimate interest of the Controller);
  4. The provision of personal data is voluntary, but it is necessary for the purposes relating to the performance of the contract and the Controller’s legitimate interests. Non-provision of personal data will prevent the Customer from concluding and performing the contract.
  5. The Customer’s personal data will be processed for the duration of the contract, as well as for the period of securing possible legal claims in accordance with generally applicable laws and regulations. Then they will be deleted, unless the Customer decides to use the Controller’s services and leave them on any other basis and for the purpose indicated to the Customer.
  6. The Customer’s personal data will be shared with other data recipients, for example IT system maintenance and hosting services, e-mail service provider, mailing (newsletter) service provider or payment system operator, law firm, subcontractors and contractors involved in the work of the online shop, etc.
  7. Since the Controller uses third party service providers, such as Facebook, Instagram, Google, Microsoft, Twitter, Apple, the data may be transferred to third countries, such as the United States. However, they will only be transferred to those recipients that have joined the Privacy Shield or those that guarantee adequate protection of personal data by means of:

– cooperating with entities processing personal data in countries for which a relevant European Commission decision has been issued,

– use of standard contractual clauses issued by the European Commission,

– applying binding corporate rules approved by the competent supervisory authority.

  1. The Customer has the right to access his/her personal data, to request correction, rectification, erasure or restriction of the processing, the right to object to the processing, the right to data portability, the right to request access to the data, as well as the right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office, if the Customer considers that the processing of his/her data is inconsistent with the applicable data protection laws and regulations. Furthermore, the Customer also has the right to be forgotten if further processing is not provided for by the applicable laws and regulations.
  2. The Customer also has the right to revoke his/her consent, at any time, if he/she has provided his/her personal data on the basis of the consent. The withdrawal of the consent will not affect the lawfulness of the processing made on the basis of the consent before withdrawal.
  3. The Customer’s data will not be subject to automated decision-making, including profiling within the meaning of the GDPR, which means that the Controller will not make automatic decisions that affect the Customer’s rights and freedoms.
  4. In order to ensure the security of the Customer’s data in connection with the use of the Shop, the Seller takes technical and organisational measures, corresponding to the degree of hazard to the security of the rendered services, in particular measures aimed at preventing the acquisition and modification of personal data by unauthorised persons.
  5. Detailed principles of collecting, processing and storing personal data used to perform the orders placed through the Shop, as well as the cookie policy are described in the Privacy Policy, available at: https://www.jakubdrzazga.com/polityka-prywatnosci
§11 OUT-OF-COURT METHODS OF DISPUTE RESOLUTION AND SEEKING SATISFACTION OF THE CONSUMER’S CLAIMS
  1. The Seller consents to submitting any disputes arising in connection with the concluded contracts for delivery of the Product to mediation proceedings. Details will be agreed upon by the parties to the conflict.
  2. The Consumer may use the out-of-court methods of handling complaints and seeking satisfaction of claims. The Consumer may, among others,
    • request a Permanent Consumer Arbitration Court to resolve a dispute arising out of the contract,
    • request the Regional Trade Inspector to instigate mediation proceedings aimed at amicable resolution of the dispute between the Customer and the Seller,
    • use, free of charge, the assistance of a poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).
  3. More detailed information about out-of-court methods of handling complaints and seeking satisfaction of claims may be found at http://www.uokik.gov.pland in the offices and on websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection or Regional Trade Inspectorates.
  4. The consumer may also use the ODR platform, available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sale contract or service provision agreement.
  5. The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. Otherwise, any disputes shall be submitted to the courts of jurisdiction in accordance with the provisions of the Polish Code of Civil Procedure and general jurisdiction.
§12 FINAL PROVISIONS
  1. The contracts concluded through the Online Shop and the services provided are performed in the Polish language and pursuant to the Polish law.
  2. The Seller reserves the right to modify these Terms and Conditions for important reasons, for example amendments to laws and regulations, changes in payment and delivery methods, to the extent such amendments and changes affect the performance of these Terms and Conditions, changes in technology. The new wording of these Terms and Conditions shall take effect from the date of publication on the Seller’s web platform on subpage Terms and Conditions.
  3. Contracts concluded prior to the modification of these Terms and Conditions are subject to the version of the Terms and Conditions valid on the date of conclusion of the Contract.
  4. If any provision of these Terms and Conditions is found to be inconsistent with generally applicable laws and to infringe the interests of consumers, the Seller declares to apply such provision.
  5. Any disputes between the Seller and the Customer being a consumer within the meaning of Article 221 of the Polish Civil Code shall be subject to settlement by courts of jurisdiction in compliance with relevant provisions of the Polish Code of Civil Procedure.
  6. Any disputes between the Seller and the Customer that is not a consumer within the meaning of Article 22 of the Polish Civil Code shall be subject to settlement by courts of jurisdiction for the Seller’s registered office.
  7. To matters not provided for in these Terms and Conditions the provisions of the Polish law shall apply, in particular: The Polish Civil Code, the Consumer Rights Act, the Act on Provision of Services by Electronic Means, the Unfair Competition Act, the Personal Data Protection Act and the General Data Protection Regulation (GDPR).

Link to the Privacy Policy: https://www.jakubdrzazga.com/polityka-prywatnosci

Link to these Terms and Conditions: https://www.jakubdrzazga.com/regulamin

ANNEXE NO. 1 – TEMPLATE OF THE FORM OF WITHDRAWAL FROM THE CONTRACT

Place, date …………………………….

Name and surname / business name: …………………………….

Residence address: ……………………………….

E-mail address: …………………………….

Telephone number: …………………………….

Order number …………………………….

Order acceptance date: …………………………….

[Seller’s data: name, address]

__________________________________

Statement on withdrawal from a distance contract

I hereby declare that I withdraw from …………………………………………….. contract /agreement No. …………………………………….., concluded on …………………………………………, regarding the following objects: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Please refund the amount of PLN ……………… (in words ……………………………………………………… PLN) by:

  • postal order to the following address: …………………………………………………………………… [fill in if applicable] 
  • to bank account number: ………………………………………………………………………………………… [fill in if applicable],

Date: _____________________ Signature of the Consumer: _____________

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