Terms of use

Terms of use for www.kobietaztlumu.pl

Publication date 31.03.2020

Sale of products through the online store www.kobietaztlumu.pl is made by Agnieszka Płoska, headquartered in Gdynia, Poland Myśliwska street 4a/11, 81–572 Gdynia, Tax number: 5862197670, National Official Business Register: 364201883
You can contact the seller via e‑mail aga@kobietaztlumu.pl.

§ 1 Definitions
For the purposes of these Regulations, the following meanings are used:

1. Buyer – a person, legal person or defective legal person,
2. Consumer – a person making a purchase not directly related to his business or professional activity (in accordance with art. 221 of the Polish Civil Code)
3. Payment Operator – tpay.com service, which is owned by the National Payment Integrator Spółka Akcyjna with its registered office in Poznań, at Św. Marcin 73/6, entered in the Register of Entrepreneurs of the National Court Register kept by the Poznań District Court — Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number 0000412357, tax number 7773061579, National Official Business Register 300878437, stock capital 4 798 500,00 PLN (paid),
4. Terms of use – these regulations, available at www.kobietaztlumu.pl/regulamin
5. Online store – online store available at www.kobietaztlumu.pl
6. Seller – Agnieszka Płoska, headquartered in Gdynia, Mysliwska street 4a/11, 81–572 Gdynia, Poland, Tax number: 5862197670, National Official Business Register: 364201883.
7. Address – name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, house number, apartment or flat number; in the case of a town not divided into streets: town and property number), zip code and town.
8. Complaint address: Agnieszka Płoska, Myśliwska street 4a/11, 81–572 Gdynia, Poland aga@kobietaztlumu.pl
9. Personal data – any information relating to an identified or identifiable natural person. Information is not considered to be personally identifiable if it would involve excessive costs, time or activities.
10. Sensitive data — it is personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union membership, as well as data on the state of health, genetic code, addictions, sex life, convictions, punishments and fines criminal, as well as other judgments issued in court or administrative proceedings.
11. Delivery – type of transport service, including the carrier and cost
12. The proof of purchase – an invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended and other applicable laws.
13. Civil code – Civil Code Act of April 23, 1964, as amended (Polish version)
14. Cart – list of products made from products offered in the store based on the Buyer’s choices. Payment – method of payment for the subject of the contract and delivery
15. Authorized entity – entity authorized to out-of-court settlement of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
16. Consumer law – Act on consumer rights of 30 May 2014.
17. Privacy policy – the rules for the processing of personal data of Buyers by the Administrator of Personal Data, the rights of Buyers and the obligations of the Data Administrator, which is located at:https://salescrm.pl/kaveo/polityka-prywatnosci
18. Product – the minimum and indivisible quantity of items that can be the subject of the order, which is given in the Seller’s store as a unit of measure when determining its price (price / unit).
19. Subject of the contract – products and delivery subject to the contract.
20. Subject of the service – subject of the contract
21. GDPR — General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC
22. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.
23. Deadline – number of hours or working days specified on the product card.
24. Contract – contract concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.

§ 2 Preliminary Provisions

§ 3 Services provided electronically

1. Through the Store, the Seller provides the Buyer with an electronic service consisting in enabling the Buyer to conclude with the Seller: 
   1. contracts for the supply of digital content in the form of electronic products available in the Store.
   2. contracts for the delivery of material products available in the Store.
2. Conclusion of the contract is possible without having an account in the Store. The procedure for concluding the contract is described in detail in § 5 of the Regulations.
3. Contracts for the supply of digital content or material products concluded through the Store are payable.

§4 Types of services provided by the Operator

1. The Administrator allows Buyers, in accordance with the principles set out in these Regulations, in particular:
   • access to Materials placed on the site,
   • Project financing (through purchase of prizes),
   • commenting,
   • receiving the newsletter.

§ 5 Intellectual Property Rights

1. The Seller hereby instructs the Buyer that the material and electronic products available in the Store constitute works within the meaning of the Act of February 4, 1994. on copyright and related rights, to which the Seller has copyright.
2. The Seller hereby instructs the Buyer that further distribution of electronic products by the Buyer without the consent of the Seller constitutes a violation of the Seller’s copyright to electronic products and may result in civil or criminal liability.

§ 6 Conclusion of contract

1. In order to purchase a material or electronic product, the Buyer must take the following steps:
   1. add product (s) to the basket by clicking the “Add to cart” button,
   2. select “Go to checkout”,
   3. complete the order form, providing the data necessary to complete the order and choosing the payment method;
      • the buyer has the option of hiding his data on the support list, for this he chooses the option “Do not show me on the support list (optional)”
   4. accept the Regulations — acceptance of the Regulations is voluntary, but necessary to make a purchase,
   5. click the “Buy and pay” button.
2. After clicking the “Buy and pay” button, the Buyer will be transferred to the Payment Operator website to pay the price for the selected products. 
3. After successful payment, the Buyer will be transferred to a Purchase Confirmation Site. From this moment, the following is concluded between the Buyer and the Seller:
   1. a contract for the supply of digital content in the form of selected electronic products,
   2. contract for the supply of material products.
4. The purchaser will also receive confirmation of purchase to the e‑mail address provided in the order form.
5. In this model, the buyer will get his product 1.06.2020, because then the book will be ready.

§ 7 Delivery

1. The purchased electronic product will be delivered by sending to the e‑mail address provided in the order form a link that allows you to download the electronic product. The delivery will take place on 1.06.2020, because then the premiere of the book is planned. 
2. The purchased material product will be delivered after 1.06.2020, after the official premiere of the book. 
   1. Material products will be delivered through the network of INPOST InPost EQUAL BUSINESS PARK Building B, Wielicka street 28, 30–552 Kraków, Poland Tax Number 6793108059
3. Realization of the purchased hours of consultations or workshops will take place on a date determined individually, however not earlier than on 1.05.2020.

§ 8 Withdrawal of the consumer from the contract

1. The contract will be implemented only if a minimum of PLN 13,000 is collected on the site by 30/04/2020 (there are no maximum amounts). 
   • If 30.04.2020 23:59 progress bar will show minimum 13000polish zloty The administrator will proceed with the shipments
   • If on 30.04.2020 there will not be min. 13000 polish zloty the contracts will be canceled and all funds invested will be returned to the investors. 
2. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving a reason within 14 days of the date of the contract.
3. To withdraw from the contract, the consumer must inform the seller about his decision to withdraw from the contract by an unequivocal statement — for example, a letter sent by post, fax or e‑mail.
4. To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer right to withdraw from the contract before the deadline to withdraw from the contract. 
5. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer immediately, no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal. 

§ 9 Responsibility for defects

1. The seller is obliged to provide the buyer with a product free from defects.
2. The Seller is liable to the Buyer if the product has a physical or legal defect (warranty for defects).
3. If the Buyer finds a defect in a product, he should inform the Seller about it, at the same time specifying his claim related to the defect or making a statement of relevant content. 
4. The Buyer may contact the Seller by both traditional mail and electronic mail. 
5. The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by means of such means of communication by which the complaint was submitted.

§10 Users’ comments

1. Each Buyer may place a comment on the Website under the Material therein.
2. To add a comment to a given Material, the User enters the content of the comment in the field under the Material.
3. The comment system supports the application DISQUS.

§11 Newsletter

1. Each Buyer, if he agrees, receives a Newsletter from the Administrator. 
2. The newsletter is sent to the e‑mail address provided by the User during registration or via a separate form in the form of an electronic message (email).
3. The user may unsubscribe from the newsletter at any time.
4. Mailing is sent via the system MailerLite.

§ 12 Personal data and cookies

The rules for the processing of personal data and the use of cookies are described in the privacy policy and cookies available at http://kobietaztlumu.pl/polityka-prywatnosci

§ 13 Out-of-court complaint consideration and redress methods
1.The Seller agrees to submit any disputes arising in connection with concluded contracts by way of mediation. Details will be determined by the parties to the conflict.
2.The consumer has the option of using out-of-court complaint handling and redress methods. Among other things, the consumer has the option of:
a) referring to a permanent amicable consumer court with a request to settle the dispute arising from the concluded contract,
b) asking the voivodeship inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
c) use the assistance of a poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
3. More detailed information on out-of-court complaint consideration and redress methods can be found by the Consumer on the website http://www.uokik.gov.pl.
4. The consumer may also use the ODR platform, which is 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 regarding contractual obligations under an online sales contract or contract for the provision of services.

§ 14 Final Provisions

1. Nothing in these Regulations is intended to violate the Buyer’s rights. It also cannot be interpreted in this way, because in the event of any incompatibility of any part of the regulations with the applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified by e‑mail about changes to the regulations and their scope (to the e‑mail address provided during the order). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab (https://kobietaztlumu.pl/regulamin). During the execution of the order and throughout the entire after-sales care of the Buyer, the regulations accepted by him when placing the order shall apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.
4. In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputed issues, if the Consumer so wishes, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection.