Regulations of sale and provision of services
The online store available at https://bandurska.com/ is made available by the Seller on the terms set out in this document constituting the regulations under the Act of 18 July 2002 on the provision of electronic services (hereinafter referred to as the "Regulations").
Seller's contact details:
These Regulations define the rules for using the Store, the types of services provided through the Store, the rules for the provision of services and the conclusion of sales contracts, as well as the rights and obligations of Customers and the Seller. Getting acquainted with these Regulations is the obligation of every Customer of the Store.
- Store - an online store operating at https://bandurska.com/.
- Seller - Joanna Bandurska running a business under the name Akademia Metamorfoz Joanna Bandurska at the address of ul. 1 Maja 94, 40-240 Katowice, NIP: 6282226510, REGON: 123230207, entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity kept by the minister competent for economy.
- Customer - an entity that uses the Services or other Seller's offer.
- Service - services provided electronically via the Store.
- Paid Service - a service provided by the Seller for a fee in accordance with the Customer's order.
- Ebook - an electronic publication that the Customer purchases via the Online Store.
- Customer account - a collection of resources in the Seller's ICT system, in which information about the Customer is collected, including personal data and order history.
- Newsletter - a service that allows you to subscribe to and receive electronically free information about the Seller's services and promotions.
§2. General provisions
- The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.
- The Customer undertakes to use the Online Store in accordance with the rules set out in the Regulations, applicable law and principles of social coexistence.
- It is forbidden for the Customer to provide the Store with illegal or offensive content. The customer is obliged to use the websites in a way that does not interfere with their functioning, in particular by not using specific software (including malware) or devices.
- Particular risks related to the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on computers connected to the network and interfering with this data, which may result in, in particular, their loss, unauthorized change or preventing the use of services offered using the Store.
- The provisions of the Regulations regarding consumers shall apply accordingly to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
§3. General Terms of Service
- The Seller provides publicly available and free services through the Store, consisting in particular in enabling the Customer to access the Store, including content, articles, news and other information posted in the Store and to display them on the Customer's end device.
- Through the Store, the Seller enables placing an order for Paid Services or Ebooks available in the current offer.
- The Seller provides a free service of the "Newsletter" type. The contract for the provision of the "Newsletter" service by electronic means is concluded for an indefinite period of time when the Customer signs up for the "Newsletter" service using the functionality available on the Online Store website and ends when the Customer terminates the contract in accordance with the rules set out in the Regulations or after unsubscribing from the subscription list by means of a hyperlink (link) contained in the Newsletter messages.
- The information on the Store's website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964, the Civil Code.
- All prices given on the Store's website are gross prices.
- The Seller reserves the right to make changes to the prices available in the Store, introduce a new offer as well as carry out and cancel promotional campaigns or make changes to ongoing promotions. The changes referred to in the previous sentence do not apply to contracts concluded before the changes were introduced by the Seller. In the case of promotional campaigns involving a temporary price reduction, the Seller indicates on the website, next to the promotional price, the previous lowest price that was in force during the period of 30 days before the introduction of the promotion. The scale of the reduction will be determined in relation to the lowest indicated price.
- Technical requirements necessary to use the services provided by the Seller:
- device with Internet access,
- a web browser that supports cookies,
- access to e-mail.
- The customer bears the fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.
§4. Registration in the Online Store
- Registration is made by the Customer by correctly completing the registration form available on the Store's website.
- When completing the registration form, the customer is obliged to provide only true information.
- By registering in the Store, the Customer confirms that he has read these Regulations and accepts its provisions.
- The Customer may only have one account within the Store.
- The Customer is prohibited from transferring data enabling access to the Store to third parties.
- The Customer bears sole responsibility for disclosing to other persons the data enabling logging in to the Store.
- In the case of notorious violation of the provisions of these Regulations, the Seller reserves the right to block access to the account or delete it.
- Having a customer account is not required to use the Seller's offer.
§5. Paid Service Order
- Through the Store, the Seller provides Customers with the option of placing an order for Paid Services in accordance with their description and variants available on the Store's website, including stationary training and online training in the form of audiovisual recordings.
- In order to order a Paid Service, the Customer:
- selects the Paid Service (adding to the "shopping cart" through the functionality available on the Store's website), and in the case of stationary training also indicates the selected date,
- completes the order form by indicating the required data,
- makes payments for the order using the payment methods available on the Store.
- After receiving the order, the Seller immediately sends to the e-mail address provided by the Customer a message containing the order confirmation and specifying the essential terms of the contract, which is concluded in connection with the submission and confirmation of the order.
- Upon receipt by the Customer of the message referred to in par. 3 between the Service Provider and the Customer, an agreement for the provision of the Paid Service being the subject of the order is concluded.
- The seller also allows you to make a reservation for participation in a stationary training. In the case of a reservation, the customer is obliged to pay a deposit of 30% of the training price. The amount of the deposit is credited towards the fee for stationary glazing, the remaining part of the price is paid by the Customer to the Seller on the day of the training.
§6. Implementation of the Paid Service
- The Seller performs the Paid Service:
- in the form of stationary training on the date selected by the Customer when placing the order,
- in the form of online training by sending a link enabling access to the training, with the proviso that the access is active for 365 days from the moment of payment by the Customer.
- The Customer is obliged to provide hardware and IT infrastructure on its own, in particular access to the Internet, a computer or a mobile device with a current web browser updated to the latest version and possibly additional software that is necessary to access the online training.
- In the case of stationary training, the Customer is obliged to arrive at the training site on time. In the event of the Customer's delay, the training is not extended by the period of delay.
- The Seller reserves the right to refuse the Customer to participate in the stationary training if the Customer arrived at the training under the influence of alcohol or drugs. In this case, the Customer is not entitled to a refund for the uncompleted part of the training.
- Access to online training is granted on a license basis in accordance with §7 of the Regulations.
§7. License terms
- The customer gains access to online training on the basis of a paid, incomplete, non-exclusive, time-limited (365 days) and non-transferable license without the right to sublicense.
- The customer agrees not to save, download, reproduce, distribute, modify, publicly display or reproduce, publish, license, sell or use the content and information comprising the training unless expressly permitted in these Terms.
- In the scope of the license, the Client has the right to use the training only for his own personal use.
- The use of the content and information that make up the training in a different way than specified in these Regulations requires the consent of the Seller and may be conditioned by the need to pay an additional license fee.
- The Customer agrees to the Seller's inspection of the compliance of the use of the training with the terms of the license.
- The Seller has the right to terminate the contract with immediate effect if it is found that the Customer violates the terms of the license and the right to demand any compensation from the Customer.
§8. Changes to the Paid Service
- Without prejudice to the separate rights of consumers under the Act of 30 May 2014 on consumer rights, in particular the right to withdraw from the contract, the Customer may change the order for a stationary training in accordance with the rules set out in this paragraph.
- The customer is entitled to change the date of the stationary training. The Customer is obliged to inform the Seller about the will to change the date no later than fourteen days before the originally agreed date. In this case, a new date for the training is agreed with the client. The payment made by the Customer is not forfeited and is credited towards the training on the new date.
- Lack of the Customer's presence during the training without prior notification to the Seller about the will to change the date does not entail the obligation to return the payment made by the Customer to the Customer.
- The Seller reserves the right to change the date of the training if for reasons beyond its control (fortuitous event, illness, other force majeure) it will not be possible to conduct the training. The Seller will inform the Customer about the change of date immediately, but not later than 3 days before the original date of the event.
- The Customer's resignation from the stationary training results in the Seller retaining the deposit paid by the Customer.
§9. Ebook order
- In order to purchase an Ebook, the Customer adds the selected electronic publication to the "shopping cart" using the functionality available in the Store, and then fills in the order form indicating the data necessary to complete the order, confirms the order and makes payment in accordance with the method available in the Store.
- The seller completes the order after receiving full payment from the customer.
- The Customer gains access to the Ebook by downloading it and saving it on his device using the link contained in the e-mail sent to the Customer's e-mail address indicated when placing the order or directly from the Customer Account (in the case of a registered Customer).
- The message referred to in par. 3 is sent to the User's e-mail address no later than within 24 hours from the moment the payment is received by the Service Provider.
- The customer gains access to the Ebook on a license basis. The provisions of §7 of the Regulations regarding the terms of the license shall apply accordingly.
§10. Payment methods
- The seller allows payment in the form of prepayment:
- via the Tpay electronic payment system, operated by Krajowy Integrator Płatności SA with its registered office in Poznań, in accordance with the regulations of the Tpay electronic payment system,
- via electronic payment in the PayPal system, whose administrator is PayPal (Europe) Sarl et Cie, SCA,
- by traditional bank transfer.
- The customer is obliged to pay for the order within 5 days of placing it. If the deadline is exceeded, the order may be canceled, and the Seller is entitled to withdraw from the contract.
- The seller accepts the order for execution after receiving information about the positive authorization of the transaction by the electronic payment system operator or after posting the funds on the bank account when paying by traditional transfer.
- If there is a need to return funds for a transaction made by the Customer with a payment card, the refund is made to the bank account assigned to the Customer's payment card.
- The proof of purchase is delivered to the Customer together with the Product or electronically to the e-mail address provided by the Customer when placing the order.
§11. Seller's Responsibility
- The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website), providing incomplete or incorrect information on the basis of which Paid Services are provided, as well as the Customer's action in a manner that hinders or prevents the provision and implementation of services by the Seller.
- The Seller shall not be liable for the consequences of the use of the Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable law and the principles of social coexistence or customs applicable in this respect.
- The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base or software. Suspension or termination of the services of individual functionalities of the Store may not violate the rights of the Customer.
§12. Withdrawal from the contract
- The customer who is a consumer has the right to withdraw from a contract concluded remotely or off-premises of the Seller's enterprise within 14 days from the date on which the contract was concluded. To meet the deadline, it is enough to send a statement to the address of the Seller's registered office or e-mail address.
- In the event of withdrawal from the contract, it is considered void and the consumer is released from any obligations. Payments made by the consumer will be returned by the Seller in the same form in which the consumer made the payment, unless the consumer agrees to return the payment in a different way that will not cause additional charges for him. The return takes place within 14 days from the date of withdrawal from the contract.
- In the case of a contract the subject of which is a service, and the commencement of its provision with the express consent of the consumer began before the expiry of the statutory deadline for withdrawal from the contract, the consumer in the event of withdrawal from the contract is obliged to pay the Seller for the services provided until the withdrawal from the contract.
- In connection with Art. 38 of the Act of 30 May 2014 on consumer rights, the right to withdraw is not entitled to, among others:
- if the Seller has fully performed the service (e.g. activated access to online training) with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;
- in the case of contracts for the supply of digital content (e.g. Ebook), which are not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
§13. The Seller's responsibility for the compliance of the digital content with the contract
- The seller is liable for the lack of conformity with the contract of the digital content or digital service supplied at one time or in parts, which existed at the time of delivery and became apparent within two years from that time. The lack of conformity of the digital content or digital service with the contract, which becomes apparent within one year from the delivery of the digital content or digital service, shall be presumed to have existed at the time of delivery.
- The seller is liable for the lack of conformity with the contract of digital content or digital service supplied in a continuous manner, which occurred or became apparent at the time when, according to the contract, they were to be delivered. The lack of conformity of the digital content or digital service with the contract is presumed to have occurred at that time if it became apparent at that time.
- The seller is not liable for the lack of conformity of the digital content or digital service with the contract if:
- the consumer's digital environment is not compatible with the technical requirements of which the Seller informed him in a clear and understandable way before concluding the contract.
- the consumer, informed in a clear and understandable way before concluding the contract about the obligation to cooperate with the Seller, to a reasonable extent and using the least onerous technical means, in order to determine whether the lack of conformity of the digital content or digital service with the contract in a timely manner results from the characteristics of the environment digital consumer, does not fulfill this obligation.
- If the digital content or digital service is not in conformity with the contract, the consumer may request that it be brought into conformity. The Seller may refuse to bring the digital content or digital service into conformity with the contract, if bringing the digital content or digital service into conformity with the contract is impossible or would require excessive costs for the Seller.
- The seller shall bring the digital content or digital service into conformity within a reasonable period of time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the digital content or digital service into compliance with the contract shall be borne by the Seller.
- If the digital content or digital service is inconsistent with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
- bringing the digital content or digital service into conformity with the contract is impossible or requires excessive costs.
- the seller has failed to bring the digital content or digital service into conformity with the contract.
- the lack of conformity of the digital content or digital service with the contract persists even though the Seller has tried to bring the digital content or digital service into conformity with the contract.
- the lack of conformity of the digital content or digital service with the contract is significant enough to justify a price reduction or withdrawal from the contract without the consumer first requesting the Seller to bring the digital content or digital service into compliance with the contract.
- it is clear from the Seller's statement or circumstances that he will not bring the digital content or digital service into conformity within a reasonable time or without undue inconvenience to the consumer.
- The consumer may not withdraw from the contract if the digital content or digital service is supplied against payment of the price and the lack of conformity of the digital content or digital service with the contract is immaterial.
- The seller may change the digital content or digital service that is not necessary to maintain its compliance with the contract, only if the contract so provides and only for justified reasons indicated in this contract. However, the seller cannot change the digital content or digital service provided on a one-off basis. The introduction of the change referred to in the previous sentence may not involve any costs on the part of the consumer. The seller is obliged to inform the consumer in a clear and understandable way about the change.
- If the change referred to in paragraph 8 significantly and negatively affects the consumer's access to or use of digital content or digital service, the Seller is obliged to inform the consumer in advance on a durable medium about the properties and date of making this change and the right to terminate the contract without observing the notice period within 30 days from the date of making the change or informing about this change, if the notification took place later than this change. The consumer does not have the right to terminate the contract if the Seller has provided the consumer with the right to keep, without additional costs, the digital content or digital service in accordance with the contract, unchanged.
§14. Withdrawal from the contract and complaint procedure in the field of electronic services
- In the case of contracts for the provision of electronic services of a continuous and indefinite nature (e.g. Customer Account, Newsletter), the Customer has the right to terminate the contract. The Customer may terminate the contract with immediate effect and without giving any reason by sending a notice of termination to the Seller's e-mail address.
- The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of a breach by the Customer of the provisions of these Regulations.
- In the event of non-performance or improper performance by the Seller of services provided electronically, the Customer is entitled to submit a complaint to the Seller's e-mail address.
- A correctly submitted complaint should contain the Customer's designation (name and surname and e-mail address), the subject of the complaint together with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint. In the event of providing incomplete data, which makes it impossible to consider the complaint, the Seller will immediately call the Customer to complete the data.
- The complaint is considered by the Seller within 14 days from the date of receipt of the complaint or from the moment the Customer completes the complaint at the request of the Seller. Failure to consider the complaint within 14 days means that it has been considered by the Seller.
§15. Intellectual property
- All content posted on the Store (including graphics, texts, page layout and logos), and not from Customers or other suppliers, are protected by copyright and are the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.
- The customer is obliged to use any content posted on the Store only for his own personal use. The use of content in a different scope is allowed only if expressly indicated by the Seller.
- Using the Store, including the use of text and graphic materials, photos, applications, databases or other content, does not mean the acquisition of any rights by the Customer in relation to the indicated content, and in particular, it does not mean the acquisition of proprietary copyrights, related rights or licenses, unless otherwise indicated in the Regulations.
- It is forbidden to take the following actions without the express consent of the Seller:
- copying, modifying and transmitting electronically or otherwise the Store or its parts, as well as individual content made available through it,
- dissemination of content published on the Store in any way,
- downloading the content of databases and its secondary use in whole or in part.
§16. Final Provisions
- The Seller reserves the right to change these Regulations. The Seller shall notify the changes to the Regulations on the Online Store website at least 14 calendar days before the changes to the Regulations come into force. The change in the provisions of the Regulations does not apply to Customers who placed an order for the Paid Service during the validity of the previous version of the Regulations. Amendments to the Regulations during the duration of the contractual relationship of a continuous nature bind the other party, if the requirements set out in art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.
- The Seller reserves the right to periodically disable access to the Store or selected Store functionalities in the event that it is necessary to develop or maintain the Seller's technical or ICT resources related to the operation of the Store.
- In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
- Disputes arising as a result of the provision of services under these Regulations will be submitted to the common court competent for the Seller, unless the relevant provisions provide otherwise.
- A customer who is a consumer has the right to use out-of-court dispute resolution methods and pursuing claims through mediation or arbitration. Client who is a consumer may also use the electronic method of resolving disputes with the Service Provider via the ODR platform available at http://ec.europa.eu/consumers/odr/ .
- The Regulations come into force on June 12, 2023.