ONLINE STORE REGULATIONS aleksandrawelman.com

Dear Client!

I am very pleased that you have decided to shop on my website.

Please read the following Terms and Conditions of Sale that apply to you and me when making purchases or using digital content or digital services.

Please also remember that if you have any questions or concerns, you can contact me using the details provided in the Regulations.

The following regulations apply to purchases from 5 April 2025. J TABLE OF CONTENTS

§1 GENERAL PROVISIONS AND CONTACT DETAILS

  1. The online store is available in the domain www.ovhcloud.com.pl and on the appropriate subpages after registration and is run by the Seller.
  2. In the event of a complaint regarding the placed Order, please contact the Seller using the following contact details:
  • phone number: 793 572 334
  • e-mail address: aleksandrawelman@gmail.com
  1. The Customer may communicate with the Seller by means of an e-mail address, contact form or chat (another online messenger) available within the Store (if any). These means guarantee the preservation of written correspondence (document form) between the Customer and the Seller with the preservation of the date and time, meet the requirements of a durable medium and enable quick and effective contact between the Customer and the entrepreneur. 
  2. The rules for using and placing Orders, determining and paying the Sales Price of Digital Content or Digital Services, concluding Sales Agreements for the delivery of Digital Content or Digital Services, the Customer’s rights to withdraw from the Agreement and making complaints within the Store are specified in these Regulations. 
  3. The Seller shall make the Regulations available to the Customer or User free of charge before they start using the Online Store. The Customer may record the content of the Regulations in a manner convenient for them, e.g. by saving them on a durable medium or printing them out. 
  4. The condition for using the Store and concluding the Sales Agreement is the acceptance of the provisions of these Regulations. By accepting them, the Customer agrees to all provisions and declares that he or she has understood them and undertakes to comply with them. 
  5. The seller is responsible for the compliance of the performance with the contract. 
  6. For the avoidance of any doubts, sending an Order by the Customer shall be deemed to be an offer within the meaning of Articles 66 and 66 1 of the Civil Code, the content of which is supplemented by the provisions of the Regulations, and the Agreement shall be concluded upon delivery to the Customer of the Seller’s declaration of acceptance of the Order. 
  7. Information about Digital Content or Digital Services provided on the Store’s websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are merely an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
  8. When using the Store, it is prohibited to provide information of an unlawful nature, and in particular it is prohibited to: 
  1. sending and placing spam within the Store; 
  2. providing and transmitting content prohibited by law, in particular within the forms found in the Store.
  1. It is ordered:
  1. Using the Store in accordance with the Regulations and legal provisions;
  2. Using the Store in a way that does not disrupt its operation;
  3. The use of all content posted on the subpages of the Store’s websites is solely for personal use, in accordance with the license granted (if any).
  1. It is not permissible to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would violate the interests of the Seller. In particular, it is not permissible to resell Goods ordered through the Store to third parties without the consent of the Seller. 
  2. The customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
  3. In order to delete the Customer’s account, the Store must be informed in writing or by e-mail of the intention to delete it. 
  4. Other definitions, procedures, obligations and rights arising from the Digital Services Act – DSA are described in §20 of these regulations and are an integral part thereof.

§2 DEFINITIONS

The terms used in the Regulations mean:

  • Seller or Administrator – 
  1. Customer or User  – a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, placing an Order within the Store and making purchases through the Store.
  2. Consumer  – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  3. Entrepreneur with consumer rights – An Entrepreneur ordering Digital Content or Digital Services related to his/her business activity, but not of a professional nature, in accordance with Article 7aa of the Consumer Rights Act and Article 385 5 , Article 556 4 , Article 556 5 and Article 576 5 of the Civil Code.
  4. Entrepreneur  – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf, who uses the Store and is not an Entrepreneur with consumer rights.
  5. Account – a Customer or User account created on the online platform of the Store.
  6. Regulations – these Store Regulations, also specifying the terms of use of services provided by the Seller, including the Indirect Service, regulating the relations between the Seller, as the provider of the Indirect Service, and the Recipient of services referred to in §20 of the Regulations. 
  7. Online Store or Store – online store available at www.aleksandrawelman.com and on its relevant subpages through which the Customer can place Orders and purchase specific Digital Content or Digital Services.
  8. Digital service – a service that allows the Customer to: produce, process, store or access digital data, or share digital data that has been sent or produced by the consumer or other users of the service, or otherwise interact using digital data. 
  9. Digital content – ​​data produced and delivered in digital form.
  10. Sales Agreement  – ​​a sales agreement for the provision of Digital Content or a Digital Service concluded between the Seller and the Customer via the Store, under which the Seller transfers or undertakes to provide Digital Content or a Digital Service, including any agreement the subject of which are both goods and services.
  11. Service Provision Agreement – ​​means any agreement other than a contract for the sale of goods, under which the Seller provides or undertakes to provide a service, including a Digital Service and Intermediate Services, to the Customer.
  12. Distance contract – a contract concluded with the Customer within the Shop or Service, 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.
  13. Order – an action, a declaration of will of the Customer aimed directly at concluding a Sales Agreement and providing a service to the Customer, under the terms and conditions specified in these Regulations.
  14. Order Form – a Store form by means of which the Customer can place an Order and execute the Sales Agreement.
  15. Payment processor  – Stripe Payments Company, 354 Oyster Point Boulevard, South San Francisco, California, 94080.
  16. Proof of payment – ​​invoice or bill issued in accordance with the Act on Tax on Goods and Services of 11 March 2004 and other applicable legal provisions.
  17. Payment – ​​payment to the Seller’s account via online payment methods available in the Store – depending on the selected payment method and the Digital Content or Digital Services ordered.
  18. Price – value expressed in monetary units that the Customer is obliged to pay to the Seller for Digital Content, Digital Service and, in relation to Digital Content or Digital Service, also the digital representation of the value.
  19. Service – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using the end device appropriate for a given type of network (Internet), including the Website or a part thereof, the Store or a part thereof, and applications, including mobile applications and other services of the Seller, Social Media and Seller’s channels operating within these Media.
  20. Digital Environment – ​​computer hardware, software and network connections used by the Customer to access or use Digital Content or Digital Service. The minimum technical requirements are indicated by the Seller in these regulations. 
  21. Working days – days of the week from Monday to Friday, excluding public holidays.
  22. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2023, item 2759, as amended), hereinafter referred to as the Act.
  23. Civil Code  – the Act of 23 April 1964 (Journal of Laws 2023, item 1610), hereinafter referred to as the Civil Code.
  24. GDPR – means 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).
  25. DSA – means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
  26. Personal Data Protection Act – Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2019, item 1781, as amended).
  27. Act on the provision of services by electronic means  – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), hereinafter referred to as the UŚUDE.
  28. Telecommunications Law Act – the Act of 16 July 2004, the Telecommunications Law (Journal of Laws 2024, item 34, as amended), hereinafter referred to as the Telecommunications Law. 
  29. Copyright and Related Rights Act – the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2022, item 2509), hereinafter referred to as the Copyright Law. 

§3 MINIMUM TECHNICAL REQUIREMENTS

  1. The Customer may use the provided functions of the Online Store in a manner consistent with the Regulations and applicable regulations and in a manner that does not disrupt the functioning of the Online Store or other Customers.
  2. To use the Store, including browsing the Store’s assortment and placing Orders for Digital Content or Digital Services, you need:
  1. Internet access from a device that allows it, such as a desktop computer, laptop, or other portable device, including equipment that enables communication and filling in the necessary forms within the Store, e.g. a working keyboard;
  2. an appropriately configured, up-to-date version of a web browser that supports, among other things, cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, and enables browsing websites;
  3. an active and properly configured e-mail account (the Seller recommends that the Customer checks whether e-mails with the Seller’s domain from their e-mail address do not end up in the “spam”, “offers” or other mailbox than “main/inbox”. The Seller has no influence on this and it depends on the settings of the Customer’s e-mail box and/or the provider of the e-mail box used). 
  1. The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorized third parties.
  2. The Seller takes appropriate actions to ensure the proper functioning of the Store, including using appropriate tools to enable this, or the services of third parties.

§4 DIGITAL CONTENT OR DIGITAL SERVICES AVAILABLE IN THE STORE

  1. The following Digital Content and/or Digital Services are available in the Store:
  1. Online System Settings Session,
  2. Online Business Setup Session,
  3. Theta Healing session online.
  1. The Customer may also order Digital Content or Digital Services individually under the terms described in this section and under the terms described in these regulations regarding Digital Content or Digital Services. 
  2. The specifics of the Digital Content or Digital Service and the characteristic features are in the description in the Store. The Seller also informs whether a specific feature deviates from the requirements of compliance with the Agreement. In the event of placing an Order for such Digital Content or Digital Service, the Customer agrees to the lack of this specific feature.
  3. The Seller makes every effort to ensure that the Digital Content and Digital Services comply with the highest standards, and thus with the Agreement concluded with the Customer. To this end, it takes care of their quality, completeness, functionality, compatibility, interoperability, availability of technical support, proper and specific description of the offer and ensures their updates, if necessary and required by law or developing technology, or wants to improve their quality. 
  4. The Seller may sell Digital Content or Digital Services, access to which is possible only after payment and registration on the training platform by creating a Customer Account.
  5. Access to purchased Digital Content or Digital Services on the training platform may be temporary or unlimited. Information on the availability period can be found in the description of the given Digital Content or Digital Services or on the relevant description subpage.
  6. The seller also offers the possibility of conducting e-consultations online.
  1. The e-consultation includes:
  1. Online System Settings Session,
  2. Online Business Setup Session,
  3. Theta Healing session online.
  1. In order to develop a comprehensive e-consultation, the Seller may conduct an interview with the Customer, also by electronic means (e.g. by e-mail).
  2. E-consultations are carried out on the date selected by the client in the electronic calendar provided.
  3. E-consultation takes place by establishing a telephone connection/internet connection on the Zoom platform/sending a link in a message to the Client’s e-mail.
  4. The Seller is not obligated to record e-consultations, but may consent to their recording by the Client. The Client should always ask for such consent. 
  1. Information regarding the availability period can be found in the description of the Digital Content or Digital Services or on the relevant subpage/page with their description or in the terms and conditions or privacy policy communicated separately on the website.
  2. Providing paid Digital Services and/or available in the Store or according to the principles described in separate regulations or on a separate subpage regarding such content.  

§5 PRE-ORDER OF DIGITAL CONTENT OR DIGITAL SERVICES 

  1. Seller may also conduct pre-sales of selected Digital Content or Digital Services. 
  2. Pre-Order allows you to place an Order before the release of Digital Content or Digital Services at a special price, usually lower than the target price.
  3. Pre-sale may apply to Digital Content or Digital Services that are new and rarely available, or those that will soon be available in the Store.
  4. The availability period for the Digital Content or Digital Services covered by the pre-order is 60 days.
  5. Pre-sale may be combined with other promotions.
  6. Digital Content or Digital Services purchased during pre-sale are fulfilled in the order of Orders placed. 

§6 PLACING AND FULFILLING ORDERS FOR DIGITAL CONTENT OR DIGITAL SERVICES 

  1. The Customer may purchase Digital Services by selecting them from the appropriate subpage of the Store. The Customer may choose from different variants of Digital Content or Digital Services at different prices (if such a possibility is clearly indicated in the description of Digital Content or Digital Service).
  2. After selecting the Digital Service to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Store’s pages. The Customer should first click on the button with the name of the session shown together with the price of the Digital Service, as a result of which he will be redirected to the calendar to select a date. Then he can click the “pay” button and finalize the purchase on the next page.
  3. The Customer can enter a discount code, if they have one, in the field called “Discount Codes”. Then, after entering the discount code and clicking the “Activate” button, the price will be modified accordingly. The Customer can also enter the discount code in the next step, i.e. placing the Order. 
  4. The customer can then recalculate the cart costs and proceed to payment by clicking the “Proceed to Checkout” button. 
  5. In order to place an Order, the Customer must provide the following data in the forms:
    1. name and surname and optionally company name,
    2. address (country, street, building number, apartment number, postal code, city),
    3. telephone number,
    4. email address,
    5. acceptance of the Regulations by checking the box. Acceptance is necessary to make and finalize the Order.
    6. expressing consent to the execution of the Order by the Store by clicking the “Buy and pay” button, which indicates the need to pay for the Order.
  6. The Customer may be required to provide his/her address due to such system/IT requirements related to the digital environment of the Store. 
  1. During the process of placing an Order, the Customer is also obliged to select the form of payment for the ordered Digital Service from those currently available in the Store.
  2. When placing an Order – until clicking the “Buy and pay” button – the Customer has the option to modify the personal data provided by him/her and the data regarding the Digital Content or Digital Services he/she has selected, as well as the form of payment.
  3. By clicking the “Buy and pay” button, the Customer is aware that concluding the agreement is associated with the obligation to pay the amount due to the Seller.
  4. In order to receive a VAT invoice, the Customer should, before sending the Order to the Seller, declare at the time of purchase that he/she is purchasing the Goods as an Entrepreneur and provide the appropriate data for this purpose (in particular the Tax Identification Number). 
  5. Sending an Order by the Customer constitutes a declaration of the Customer’s will to conclude a Sales Agreement with the Seller, in accordance with the content of these regulations.
  6.   The Customer makes the payment by selecting one of the payment methods available in the Store and then makes the payment. 
  7. The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form. The Customer is obliged to provide a correct e-mail address, in particular one that does not contain typos or errors, which will prevent contact with the customer without the fault of the Seller. 
  8. The Sales Agreement is treated as concluded upon receipt by the Customer of the e-mail message referred to in paragraph 14 of this section and after confirmation of the Order. The Sales Agreement is concluded in Polish in the content consistent with the Regulations.
  1. The Seller reserves the right not to process the Order in the event of:
  1. incorrect/incomplete completion of the Order form (lack of all data required to complete the Order – the Customer will be contacted for this purpose, which may extend the Order completion time),
  2. failure to receive payment within 3 days from the date of placing the Order (in the case of the prepayment option).
  1. In the event of the Customer’s failure to make the payment within the time limit referred to in §6 section 16 letter b) of the Regulations, the Seller shall set the Customer an additional time limit for making the payment and shall inform the Customer about it on a durable medium. After the ineffective expiry of this time limit, the Seller shall be entitled to withdraw from the Sales Agreement. In the event of the ineffective expiry of the second time limit for making the payment, the Seller shall send the Customer on a durable medium a declaration of withdrawal from the agreement pursuant to Article 491 of the Civil Code.

§7 PRICES FOR DIGITAL CONTENT, DIGITAL SERVICES AND PAYMENT METHODS

  1. Prices listed in the Store are given in Polish zloty and are gross prices. 
  2. The Seller does not use mechanisms for individual price adjustment in the Store based on automated decision-making. 
  3. The Seller reserves the right to change the prices of Digital Content or Digital Services presented in the Store, introduce new Digital Content or Digital Services, withdraw Digital Content or Digital Services, conduct promotions and give discounts, as well as temporarily offer Digital Content or Digital Services free of charge. The above authorization does not affect Orders that were placed before the date of entry into force of any of the changes. Details and duration are always included in the description of the given Digital Content or Digital Services.
  4. The duration of each promotion is limited. Discounts and promotions cannot be combined. Details of the promotion are included in its description on the Store’s website or subpages or in the terms and conditions of the given promotion. 
  1.  If Digital Content or Digital Services are offered for sale in the Online Store for a period of less than 30 days, in addition to information on the reduced price, the Seller shall also display information on the lowest price of the Digital Content or Digital Services that was applicable in the period from the date on which such Digital Content or Digital Services began to be offered for sale until the date of introduction of the reduction. 
  2. The Seller does not use tools from external suppliers to meet requirements regarding prices, promotions and discounts and their presentation on the Store’s website and subpages. 
  3. The Customer may choose the following payment methods for the ordered Digital Services:
  1. bank transfer – payable directly to the Seller’s account. For this purpose, please contact the Seller using the contact details provided in the Regulations;
  2. by electronic transfer / Blik – payable directly to the Seller’s account via the Przelewy24 system – in the transfer, please provide at least the Order number in the “Title” field;  
  3. by payment card, through the payment card operator Stripe Payments Europe, Ltd.. Authorization and processing of personal data is carried out through the given bank;
  1. d) Clara 
  1. For each Order, a proof of purchase is issued, i.e. a receipt or invoice (named or for a company, if the company details have been provided and the Customer informs the Seller of their desire to receive an invoice in this or another effective manner) in electronic form, which is sent to the Customer by e-mail aleksandrawelman@gmail.com, to which the Customer hereby consents.
  2. If the Customer requires an EU VAT invoice to be issued, they should contact the Seller, providing their Order number and invoice details. In the event of an incorrect invoice being issued, a correction invoice will be issued.

§8 PROVISION OF DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller shall provide the Customer with the Digital Service immediately after the conclusion of the Agreement, unless something else is expressly stated in the description or offer of the Digital Content or Digital Service. 
  1. A digital service is deemed to be provided when the Customer or a physical or virtual device that the Customer has independently selected for this purpose has accessed it.
  2. The Seller sends the Customer an e-mail message containing a clickable, active link to Zoom, where the Digital Service will take place. The Sales Agreement is concluded in Polish in the content consistent with the Regulations.
  3. If the Customer provides an incorrect e-mail address, enters it incorrectly or does not ensure the conditions for the deliverability of e-mail messages in accordance with the Regulations, the Customer is responsible for the lack of delivery of the Order for Digital Content or Digital Service. It is recommended that the Customer contacts the Seller to clarify the matter and ensure the deliverability of the Digital Content or Digital Service. 

§9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES 

  1. The Seller shall provide the Customer with updates for the duration of the Digital Content or Digital Service delivery and shall inform the Customer of the need to make them. The Customer should also make periodic updates of the devices they use in order to be able to use the Digital Content and Digital Services provided by the Seller. The Seller shall not be liable for the lack of conformity of the Digital Content or Digital Service with the Agreement resulting solely from the lack of updates if:
  1. informed the Customer about the update and the consequences of not installing it;
  2. failure to install or incorrect installation of the update was not due to errors in the installation instructions provided by the Seller. 
  1. The Seller may make a change to the Digital Content or Digital Service that is not necessary to maintain its compliance with the Agreement for the following legitimate reasons:
  1. changes in technology relating to the Digital Content or Digital Service,
  2. changes in the law or adaptation of Digital Content or Digital Services to legal regulations or other guidelines related to applicable law,
  3. stylistic changes that are not substantive in nature but improve the quality of the Digital Content or Digital Services,
  4. changes in the Seller’s business activity, including the exclusion or introduction of new services or Digital Content or Digital Services.
  1. The Seller may not make changes to Digital Services provided on a one-off basis.
  2. The changes introduced by the Seller do not involve any costs on the part of the Customer. 
  3. If the changes were to significantly and negatively affect the Customer’s access to or use of the Digital Service, the Seller will inform the Customer in due time about the nature and date of the change and about the right to terminate the Agreement without notice within 30 days of the date of the change or notification of the change (if this occurred later than the change).
  4. The Seller may provide the Customer with the right to keep the Digital Services in an unchanged state at no additional cost. 
  5. The Seller informs the Customer in a clear and understandable manner about the changes made, usually by sending an e-mail to the Customer’s e-mail address provided when placing the Order, with due notice. The Customer is entitled to provide the Seller with a different e-mail address by contacting him using the details provided in these regulations. 

§10 DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT

  1. Through the Store, the Seller provides the Customer with Digital Services in the form of enabling the Customer to conclude an Agreement with the Seller electronically. This service is provided free of charge, as part of the price paid for placing an Order. 
  1. In order to ensure the Customer’s safety and transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons. These include, for example: the use of antiviruses, technical support, appropriate technical security of the tools used and others. 
  2. The Seller shall not be liable for any lack of conformity of the Digital Service with the contract to the extent that the Seller informed the Customer about the requirements related to the use of the digital service before concluding the contract for the provision of digital services if the Customer does not meet these requirements.
  3. The Seller takes steps to ensure full correct operation. The Customer is entitled to inform the Seller of any irregularities or interruptions in the functioning of the Store.
  4. It is prohibited to disclose Customer Account data to third parties.
  5. In the case of Customers who are Consumers, the Seller may terminate the agreement for the provision of the Digital Service or deprive the Customer of the right to place Orders at any time with a 14-day notice period, while maintaining the rights acquired by the Customer before the termination of the agreement.
  6. The Customer may terminate the Agreement for the provision of the Digital Service in the form of maintaining a Customer Account at any time, with a 14-day notice period or immediately for important reasons. 
  7. In turn, in the event of the Customer withdrawing from the contract, the Seller may prevent the Customer from further using the Digital Service in the form of maintaining a Customer Account, in particular by preventing the Customer from accessing this Digital Service. 

§11 COMPLAINT PROCEDURE REGARDING DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller shall be liable for any lack of conformity with the Agreement of Digital Content or Digital Services delivered on a one-off basis or in parts, which existed at the time of delivery and became apparent within two years from that time, in accordance with the provisions of the Consumer Rights Act.
  2. The Seller shall make every effort to ensure that the Digital Services are in accordance with the Agreement and that the Customer can use them in accordance with the Agreement. To this end, the Seller shall inform the Customer in a clear and understandable manner in these regulations about all important requirements, also on the Customer’s side. 
  3. If the Digital Service is inconsistent with the Agreement, the Customer may request that it be brought into compliance with the Agreement.
  4. The Seller may refuse to bring the Digital Service into conformity with the Agreement if bringing the Digital Content or Digital Service into conformity with the Agreement is impossible or would require excessive costs for the Seller.
  5. The Seller shall bring the Digital Service into conformity with the Agreement within a reasonable time from the moment the Seller has been informed by the Customer of the lack of conformity with the Agreement, and without excessive inconvenience to the Customer, taking into account its nature and the purpose for which it is used. The costs of bringing the Digital Content or Digital Service into conformity with the Agreement shall be borne by the Seller.
  6. If the Digital Service is inconsistent with the Agreement, the Customer may submit a declaration of price reduction or withdrawal from the Agreement when: 
  1. it is impossible or requires excessive costs to bring the Digital Service into compliance with the Agreement,
  2. The Seller has failed to bring the Digital Content or Digital Service into compliance with the Agreement,
  3. the lack of conformity of the Digital Service with the Agreement persists despite the Seller’s attempt to bring the Digital Service into conformity with the Agreement,
  4. the lack of conformity of the Digital Service with the contract is so significant that it justifies a price reduction or withdrawal from the Contract without prior exercise of the right to bring it into conformity, 
  5. it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Digital Service into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Customer.
  1. The Reduced Price must remain in such proportion to the Price resulting from the Agreement as the value of the Goods that are inconsistent with the Agreement remains in relation to the value of the Goods that are consistent with the Agreement. 
  2. The Customer may not withdraw from the contract if the Digital Content or Digital Service is supplied in exchange for payment of a price and the lack of conformity of the Digital Content or Digital Service with the Contract is immaterial.
  3. After withdrawal from the contract, the Seller may not use content other than personal data provided or created by the Customer during the use of the Digital Content or Digital Service provided by the entrepreneur in accordance with the provisions of the Consumer Rights Act with the exceptions contained therein. 
  4. The Seller shall not be liable for any lack of compliance with the Digital Service if the Customer’s digital environment is not compatible with the technical requirements of which the Seller has informed the Customer in a clear and understandable manner before concluding the Agreement in these Regulations or in the description of the given Digital Service, or if the Customer, having been informed in a clear and understandable manner before concluding the Agreement of the obligation to cooperate with the Seller to a reasonable extent and using the least burdensome technical means for the Customer, in order to determine whether the lack of compliance of the Digital Service with the Agreement in a timely manner results from the characteristics of the Customer’s digital environment, fails to fulfil this obligation.
  5. The complaint should include data enabling the identification of the Customer (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type and date of occurrence of non-conformity) and requests related to the complaint. In the event of receiving an incomplete complaint, the Seller will call the Customer to complete it.
  6. The complaint should be sent to the Seller’s e-mail address provided in these regulations. 
  7. The Seller will respond to a complete complaint within 14 days from the date of receipt of the complaint and will inform the Customer about further proceedings by sending an e-mail to the complainant’s address or in the same manner in which the Customer contacted him or in another manner agreed with the Customer.
  8. The Seller will process the Customer’s personal data for the purpose of considering complaints and in accordance with the privacy policy.
  9. The Customer may use the complaint form attached to these regulations, or may contact the Seller by telephone to submit a complaint and obtain information on the procedure for its consideration.
  10. The Seller is obliged to refund the price only in the part corresponding to the Digital Content or Digital Service that is inconsistent with the Agreement and the Digital Content or Digital Service the obligation to deliver of which was eliminated as a result of withdrawal from the Agreement (if it was payable).  
  11. The Seller is obliged to refund the price due to the Customer as a result of exercising the right to withdraw from the Agreement or to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer’s statement on withdrawal from the Agreement or price reduction (if the services were paid for). 
  12. The Seller shall refund the price using the same method of payment as used by the Customer, unless the Customer has expressly agreed to another method of refund that does not involve any costs for him.
  13. The provisions of this paragraph apply to the Consumer and to the Entrepreneur with consumer rights. 

§12 SATISFACTION GUARANTEE

In the case of Digital Services, the Seller is entitled to give the Customer a satisfaction guarantee, i.e. to waive the use of exceptions to the right to withdraw from the Agreement. This means that the Customer has the possibility to withdraw from the Agreement for the period indicated in the offer/on the website/in the Store despite the exclusion of such a right in the regulations. 

§13 WITHDRAWAL FROM THE CONTRACT 

  1. A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract within 14 days without giving any reason, subject to paragraph 7.
  2. In order to exercise the right to withdraw from the contract, the Customer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available in the Store). In order to meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding the exercise of their right to withdraw from the Contract before the deadline for withdrawal from the Contract expires.
  3. An example of the content of the declaration (form) on withdrawal from the Agreement is included in the appendix to these regulations. The Client may use it, but does not have to. It is not obligatory. 
  4. The Seller is obliged to immediately, no later than within 14 days of receiving the Customer’s declaration of withdrawal from the contract, return to the Customer all payments made by him.
  5. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to another method of refund that does not involve any costs for the Customer.
  6. The right to withdraw from a contract concluded at a distance is not available to the Customer in the following cases:
  1. for the provision of services for which the Customer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the commencement of the provision that after the Seller has performed the service, the Customer will lose the right to withdraw from the contract, and has acknowledged this;
  1. where the subject of the provision is a non-prefabricated product, manufactured according to the Customer’s specifications or intended to meet their individual needs; 
  1. concluded through public auction;
  1. for the supply of digital content not supplied on a tangible medium for which the Customer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Customer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Customer will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Customer with confirmation recorded on paper or, with the Customer’s consent, on another durable medium;
  2. for the provision of services for which the Customer is obliged to pay the price for which the Customer has expressly requested the Seller to come to him for the purpose of repair and the service has already been fully performed with the express and prior consent of the Customer.
  1. In the event of issuing a correction invoice, the invoice will be issued by the Store at the time of refunding the money to the Customer’s account. The correction invoice will be sent to the Customer electronically to the email address provided when placing the Order, to which the Customer agrees. The Customer will send feedback on the receipt of the correction invoice. 
  2. In the event of withdrawal from the agreement for the provision of a Digital Service, the Seller may not use any content other than personal data provided or generated by the Customer during the use of the Digital Content or Digital Service provided by the Seller from the date of receipt of the Customer’s declaration of withdrawal from the Agreement, with the exception of content that: 
  1. are only useful in connection with the Digital Service that was the subject of the Agreement; 
  2. they relate solely to the Customer’s activity while using the Digital Service provided by the Seller; 
  3. have been combined by the Seller with other data and cannot be separated from it or can only be separated with disproportionate effort; 
  4. were created by the Customer together with other Customers who can still use them. 
  1. If the Content was created by the Customer together with other Customers who can still use it, the Seller shall, at the Customer’s request, provide the Customer with content other than personal data that was provided or created by the Customer in the course of using the digital content or digital service provided by the Seller. 
  2. The Customer has the right to recover the Digital Content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format. 
  3. In the event of withdrawal from the Agreement, the Seller may prevent the Customer from further use of the Digital Content or Digital Service, in particular by preventing the Customer from accessing the digital content.
  4. In the event of withdrawal from the Agreement on the supply of Digital Content or Digital Service, the Customer is obliged to stop using this Digital Content or Digital Service and making it available to third parties.
  5. The provisions of this paragraph relating to the Consumer also apply to the Entrepreneur with consumer rights. 

§14 PROVISIONS RELATING TO PROFESSIONAL ENTREPRENEURS

  1. The provisions of this paragraph apply to Customers of the Store who are Professional Entrepreneurs, as defined in these regulations.
  2. In the case of sale of a Digital Service in trade between professional entrepreneurs, pursuant to Article 558 § 1 of the Civil Code, the parties exclude the Store’s liability under the warranty.
  3. In the case of Customers who are Professional Entrepreneurs, the Seller may terminate the agreement for the provision of electronic services consisting in maintaining the Customer’s account with immediate effect and without indicating the reasons by sending the Customer an appropriate statement, also electronically to the e-mail address provided by him for the registration of the Account. This does not give rise to any claims against the Seller.
  4. The Seller has the right to withdraw from the contract concluded with the Client who is a Professional Entrepreneur without giving a reason, within 14 calendar days from the date of its conclusion, by sending the Client an appropriate declaration, also electronically to the e-mail address provided by him for the registration of the Account . This does not give rise to any claims against the Seller.
  5. In relation to Customers who are Professional Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in whole or in part, regardless of the method of payment chosen by the Entrepreneur or the conclusion of the Sales Agreement.
  6. The total liability of the Seller towards the Customer who is a Professional Entrepreneur for failure to perform or improper performance of the Sales Agreement is limited to the amount of the paid price of the Digital Content or Digital Service in the event of intentional damage. The Seller shall not be liable for lost profits towards the Professional Entrepreneur.
  7. The settlement of any disputes between the Seller and the Customer who is a Professional Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.

§15 PROVISIONS RELATING TO ENTREPRENEURS WITH CONSUMER RIGHTS

  1. An entrepreneur with consumer rights is an entrepreneur who makes purchases in the Store that are related to the business activity he conducts, but do not have a professional character for him, resulting in particular from the subject of the business activity he conducts on the basis of the provisions on the Central Register and Information on Economic Activity, in accordance with art. 385 5, art. 556 4 , art. 556 5 and art. 576 5 of the Civil Code and art. 7 aa of the Consumer Rights Act. 
  2. The entrepreneur referred to in the first paragraph of this section will be subject to the provisions of these regulations that apply to the Consumer, i.e., among others:
  1. Digital services provided electronically,
  2. Withdrawal from a contract concluded at a distance or outside business premises,
  3. Complaints and non-conformity of the sold item with the contract,

to the extent limited by Article 7aa of the Consumer Rights Act and Article 385 5 , Article 556 4 , Article 556 5 and Article 576 5 of the Civil Code. In the remaining scope, the provisions of the Regulations regarding Professional Entrepreneurs shall apply. 

  1. An entrepreneur with consumer rights, accepting these Regulations during the purchasing process and then exercising his/her rights specified in this paragraph, should complete the appropriate complaint or withdrawal form, and in particular the data confirming the circumstances confirming his/her status in accordance with Art. 7 aa of the Consumer Rights Act or provide this information in another way. 
  2. The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or in another manner that the purchased Digital Content or Digital Services, and thus the concluded Sales Agreement, are directly related to the business activity conducted by him, but they do not have a professional character for him, resulting in particular from the subject of the business activity conducted on the basis of the provisions on the Central Register and Information on Business Activity, which he does as proof that he meets the conditions to be recognized as such an entrepreneur. The forms constitute annexes to these Regulations. 

§16 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

  1. Digital services provided by the Seller, available in the Store, content, texts, logos, photos, company names, trademarks, graphic design may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller and/or third parties who are their owners/authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Regulations.
  2. In the event of the intention to use the Digital Services or the above-mentioned elements in a manner inconsistent with the one indicated in these Regulations or their purpose and functionalities, the Customer is obliged to obtain the written consent of the Seller.
  1. The Seller grants the Customer a non-exclusive and non-transferable license, without the right to grant sublicenses, to use the Digital Services. Under the Agreement, the Customer is authorized to use them only for their own needs, without territorial restrictions, in the following fields of exploitation:
  1. In the scope of recording the work – recording using a digital technique – fixation through digital processing on a dedicated platform (Customer Account) maintained by the Seller,  
  2. Printing for your own use of materials in pdf. and doc. and docx. formats, if it results from the specificity of the Digital Content and Digital Services,
  3. Digital recording, modifications for your own needs to the extent indicated in the appropriate instructions or comments, e.g. on your own hard drive or in recommended external programs.
  1. The license referred to in paragraph 4 is valid for the duration of the Customer’s access to the Digital Content or Digital Services. The access period, and thus the duration of the license, is indicated in the description of the Digital Content or Digital Services, and unless otherwise stated, is granted for 365 days from the date of the Order. The remuneration for granting the license is included in the payment of the price for the Digital Content or Digital Service made by the Customer. 
  2. In particular, it is prohibited, both in relation to the entire Digital Service and its parts, without the express consent of the Seller: 
  1. sharing and presenting them to third parties, 
  2. publishing regardless of the form of publication, except for publication permitted in instructions or comments,
  3. copying, duplicating for purposes other than personal use. 
  1. The Customer undertakes to exercise due diligence to ensure that the Digital Services are not disclosed to unauthorized persons/third parties. 
  2. The Seller hereby informs the Customer that any distribution of any other Digital Services provided by the Seller constitutes a violation of the law and may give rise to civil or criminal liability. The Seller may also seek appropriate compensation for material or non-material losses in accordance with applicable regulations. 
  3. The Seller is entitled to periodically update the Digital Services in accordance with the provisions of the Regulations.  

§17 PERSONAL DATA AND COOKIES

In accordance with Article 13 paragraph 1 and paragraph 2 of the GDPR (i.e. 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) and the Act of 10 May 2018 on the protection of personal data, I hereby inform you that:

  1. The administrator of the Customer’s personal data is Aleksandra Welman, ul. Poznańska /3, 60-848 Poznań, NIP: 281 001 09 65, REGON: 382940780, also referred to in the Regulations as the Seller. The Administrator independently performs the tasks of the Personal Data Protection Inspector. You can contact the Administrator using the following details: e-mail: aleksandrawelman@gmail.com, Telephone number: 793 572 334 or in writing to the Administrator’s address.
  2. The Customer’s personal data provided in the forms in the Store will be processed on the basis of the agreement concluded between the Customer and the Administrator, which is concluded as a result of accepting these Regulations, on the basis of art. 6 sec. 1 letter b of the GDPR (necessity to conclude and/or perform the agreement). This is necessary for the performance of this agreement (fulfillment of the order and creation of the Account) and then maintaining the Customer’s Account and Customer service related to the concluded Agreement.  
  3. The Client’s personal data may also be processed for the following purposes and on the following legal bases:
  1. issuing an invoice and fulfilling other obligations arising from tax law provisions – pursuant to Article 6 paragraph 1 letter c of the GDPR (obligation arising from legal provisions);
  2. execution of payment transactions via an electronic payment operator – pursuant to Article 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
  3. consideration of complaints or claims – pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity to conclude and/or perform a contract);
  4. establishing, pursuing or defending against claims – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
  5. telephone contact in matters related to the provision of the service – pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity to conclude and/or perform the contract);
  6. storing unpaid orders – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the administrator);
  7. creating registers and records related to the GDPR – pursuant to Article 6 paragraph 1 letter c) of the GDPR (obligation resulting from legal provisions) and Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the controller);
  8. archival and evidentiary purposes, for the purposes of securing information that may be used to demonstrate facts – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
  9. use of cookies on the website and subpages of the Store – pursuant to Article 6 paragraph 1 letter a) of the GDPR (consent);
  10. for the purpose of direct marketing addressed to the Customer – pursuant to Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the administrator),
  11. for the purpose of sending a newsletter or other free Digital Content – ​​pursuant to Article 6 paragraph 1 letter a of the GDPR (consent) and pursuant to Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the controller).
  1. Providing personal data is voluntary, but necessary for the purposes of implementing the Agreement and implementing the legitimate interests of the Administrator. Failure to provide them will result in the conclusion and implementation of the Agreement being impossible.
  2. The Client’s personal data will be processed for the duration of the Agreement, as well as for the period of securing any claims in accordance with generally applicable legal provisions. Then they will be deleted, unless the Client decides to use the Administrator’s services and leaves them on a different basis and for the purpose indicated to him. 
  3. The Customer’s personal data will be made available to other data recipients, such as, for example, services providing IT system maintenance and hosting services, e-mail service providers, mailing service providers (newsletter) or payment systems, law firms, subcontractors and contractors involved in the work of the Online Store, etc.
  4. Due to the fact that the Administrator uses external providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer’s data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries), based on the implementing decision of the European Commission of 10 July 2023, issued on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council, stating the adequate level of protection of personal data within the EU-US data protection framework, have passed the certification system and obtained a certificate confirming the protection of Personal Data at the European Union level. Personal data will be transferred only to recipients who guarantee the highest protection and security of data, including through:   
  1. cooperation with entities processing personal data in countries for which an appropriate decision of the European Commission has been issued,  
  2. use of standard contractual clauses issued by the European Commission,  
  3. application of binding corporate rules approved by the relevant supervisory authority,  

or those for which the Client has consented to the transfer of personal data.

  1. The Client has the right to access the content of their data, to correct, rectify, delete or limit processing, the right to object to processing, the right to transfer data, the right to request access to data, and the right to file a complaint with the supervisory authority – the President of the Personal Data Protection Office, if they consider that the processing of their data is inconsistent with the currently applicable legal provisions in the field of data protection. They also have the right to be forgotten if further processing is not provided for by the currently applicable legal provisions.
  2. The customer also has the right to withdraw consent at any time if they have provided their personal data based on consent. Withdrawal of consent does not affect the processing of data that was carried out based on consent before its withdrawal.
  3. The Customer’s data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Customer.
  4. In order to ensure the Customer’s safety and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  5. Detailed rules for collecting, processing and storing personal data used to fulfill orders through the Store, as well as the cookie policy, are described in the Privacy Policy, which can be found at: _________________________ [enter active link].

§18 OUT-OF-COURT DISPUTE SETTLEMENT AND CLAIMS SETTLEMENT  PROCEDURES

  1. The Seller agrees to submit any disputes arising in connection with the concluded agreements for the delivery of Digital Content or Digital Services to mediation. The details will be determined by the parties to the conflict. 
  2. The consumer has the option of using out-of-court complaint and claim settlement methods. The consumer has the option of, among others:
  1. to refer to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded Agreement,
  2. to submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller,
  3. free use of assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
  1. More detailed information on out-of-court complaint and claim settlement procedures can be found by the Consumer on the website  http://www.uokik.gov.pl and at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection or Voivodeship Inspectorates of Trade Inspection.
  2. The consumer may also use the ODR platform, which is available at  http://ec.europa.eu/consumers/odr . The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
  3. 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 this. In other cases, any disputes shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure and general jurisdiction .
  4. The provisions of this paragraph apply to the Consumer and also apply to the Entrepreneur with consumer rights. 

§19 OPINIONS – OPERATION WITHIN THE STORE/WEBSITE 

  1. The Store presents opinions of the Store’s customers and/or people who have used the Seller’s services. 
  2.  Opinions in the Store may appear in various places in the Store and on various subpages: in the description of the Digital Service in a special tab for leaving opinions under the Digital Service in the “Opinions” tab or similar. They may also refer to external tools or services presenting customer opinions, e.g. to the Google business card, to social media, including a fanpage on Facebook and the “Reviews/Opinions” tab. They may also be presented in various formats, e.g. video, pdf, written opinion with the image and data of the Digital Service customer, with partially presented personal data or without any personal data. 
  3. Each customer of the Store has the opportunity to leave an opinion about the purchased Digital Services and thus consents to its publication within the Store and for the purposes specified by the Seller. 
  4. The Seller makes every effort to ensure that the opinions presented in the Store and on the Store’s subpages are reliable and come from people who are actual customers of the Store. To this end, the Seller takes reasonable and proportionate steps contained in these regulations to check whether these opinions come from customers. Among other things: attempts to obtain consent to publish opinions for marketing purposes outside the Store, to distribute selected or all opinions, or checks whether a given opinion comes from a customer of the Store.
  5. Opinions presented in the Store are verified by the Seller in such a way that they are copied from the Google Business Card and from the funpage on Facebook. 
  6. If the opinion raises doubts of the Seller, it is not presented within the Shop. The person who left the opinion, which was not published or was removed by the Seller, has the possibility to contact the Seller in order to explain the situation and determine the reasons. 
  7. The Seller is not obliged to publish opinions in the Store and is entitled to remove them if it is justified in his opinion. He may also publish selected opinions. 
  8. The Seller does not use reviews that are purchased, sponsored, or obtained through barter. The Seller does not post or cause another person to post false reviews or recommendations or distort reviews or recommendations in order to promote the Digital Services in the Store.  

§20 DEFINITIONS, PROCEDURES, OBLIGATIONS AND POWERS RELATED TO DSA 

  1. This section of the Regulations sets out information on any restrictions imposed by the Administrator in connection with the use of its services, in relation to information provided by Service Recipients, including, but not limited to: information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review, as well as on the internal regulations of the complaint handling system, any significant changes to the terms of use of the services and the mechanisms for reporting Illegal Content. The Administrator provides the above information and terms of use of the Service in a comprehensible and legible manner, including for minor recipients. The Administrator designs, organizes and operates its Internet Services (and interfaces) in a way that does not mislead Users or manipulate them or in any other significant way interferes with or limits the ability of Users to make free and informed decisions.
  2. The Administrator is a provider of Indirect Services within the meaning of DSA, offering the following services:
  1. ordinary communication,
  2. Hosting
  3. “caching”. 
  1. The Administrator also provides indirect Services within its profiles available in social media, i.e. on Instagram (link: https://www.instagram.com/ustawienia_systemowe_hellinger/), Facebook (link: https://www.facebook.com/profile.php?id=61556522949217 ), LinkedIn (link: ), through:
  1. enabling Users to leave comments under posted posts,
  2. adding ratings and opinions
  3. other forms of interaction enabling Content to be left available on the above-mentioned portals.  
  1. The definitions used in this section and the Regulations mean:
  1. Administrator – Seller, as defined in §2 point 1 of the Regulations, as well as an entrepreneur, i.e. a natural or legal person, regardless of whether it is a public or private entity, who acts – including through a person acting in its name or on its behalf – for purposes related to its commercial, economic, craft or professional activity, providing the services referred to in these regulations, including information society services within the Service. 
  2. Service Recipient – ​​Customer or User or person using intermediate services or other information society services provided by the Administrator, including, for example, the Store, Website or the Administrator’s social media, in particular for the purpose of searching for information or sharing it.
  3. Content – ​​any information provided by the User in any form within the Store, Service, Social Media or other platforms and places owned or moderated by the Administrator, in particular within the Website or Store or the functionalities of these places made available to the User.
  4. Illegal Content – ​​means information that, in itself or by reference to an activity, including the sale of Goods, Digital Services or Digital Content or the provision of services, is not in compliance with Union law or with the law of any Member State that is in compliance with Union law, regardless of the specific subject matter or nature of that law.
  5. Content Moderation – means actions, regardless of whether they are automated, undertaken by the Administrator or cooperating indirect service providers, the purpose of which is, in particular, to detect, identify and combat illegal content or information that is inconsistent with the terms of use of their services, provided by Service Recipients, including implemented measures that affect the availability, visibility and accessibility of such illegal content or information, such as deposition of such content or information, demonetization, preventing access to it or removing it, or that affect the ability of service recipients to transmit such information, such as closing or suspending the recipient’s account.
  6. Indirect service – means one of the following information society services provided by the Administrator: 
  1. a “standard transmission” service consisting in the transmission in a telecommunications network of information provided by the Service Recipient or in providing access to a telecommunications network;
  2. “caching” service consisting in the transmission in a telecommunications network of information provided by the Service Recipient, including automatic, intermediate and short-term storage of this information, performed solely for the purpose of improving the subsequent transmission of information at the request of other recipients;

iii. “hosting” service consisting in storing information provided by the Service Recipient and at his request.

  1. Internet Platform – means a hosting service that, at the request of the Service Recipient, stores and publicly disseminates information, unless such activity is an insignificant or solely secondary feature of another service or an insignificant function of the main service, and for objective and technical reasons it cannot be used without such other service, and the inclusion of such feature or function in such other service is not a way to circumvent the application of DSA.
  2. Public dissemination means making information available at the request of the Service Recipient who provided the information, to a potentially unlimited number of third parties.
  3. Social media – social media platforms within which the Administrator creates additional channels of communication with the User or Recipient of the information or content provided by him, whether within the Order, within the framework of publishing content publicly available to a wide audience, or within the framework of other forms of contact with the Recipient of the content, including contact related to commercial offers, which in particular applies to: private or public social media groups, channels on social media platforms, public accounts referred to, among others, in the Privacy Policy, the so-called fanpage, communication channels, within these social media platforms, etc. 

Contact point

  1. The Controller designates the following single point of contact enabling it to communicate directly, by electronic means, with the authorities of the Member States, the Commission and the Digital Services Board, via the email address aleksandrawelman@gmail.com or by telephone at 793 572 334. Communication may take place in Polish. 
  1. The Administrator designates the following single point of contact enabling Service Recipients to communicate directly – electronically – with the Administrator via the e-mail address: aleksandrawelman@gmail.com or by telephone: 793 572 334. Communication may take place in Polish and English.

Illegal Content and Content that is inconsistent with the Administrator’s terms of service

  1. The User may not post within the Service, Internet Platform or Social Media of the Administrator the Content specified in § 1, paragraphs 10-12 of the Regulations, as well as:
  1. Illegal Content or Content that is inconsistent with the Terms and Conditions,
  2. Content containing profanity, hate towards third parties, spam,
  3. Content contrary to good customs, in particular containing offensive content, violating religious feelings, personal rights of third parties, or showing a lack of respect in accordance with generally understood social norms and principles of social coexistence, Content that is racist, vulgar, promotes violence, contains pornographic, fascist, discriminatory content, has sexual overtones, is inappropriate for underage users, etc. 
  4. Content that violates the rights of third parties, such as copyright or intellectual property rights, or is intended to disclose business secrets or other confidential information, 
  5. Content containing links to other websites (links), entities other than the Website, competitive websites or online stores, to which the Administrator has not previously given consent, in particular advertising, marketing, fundraising or other commercial links,
  6. Content that calls out or advertises other services, platforms, social media, etc.
  7. Content unrelated to a given Product or Service or any action of the Administrator or the Website, or Content unrelated to the subject matter of the Website or the Administrator’s Social Media,
  8. Content containing personal or contact information,
  9. Repetitive Content that has already appeared on the Website or the Administrator’s Social Media (the User is obliged to verify before publishing the Content whether it is not a copy of existing Content),
  10. Content of a technical nature, customer service inquiries regarding the Administrator’s products or services (for this purpose, the User should contact the details provided in the Regulations).

Procedure for reporting illegal content, appeals procedure and Content Moderation

  1. The User who considers a given Content to be Illegal Content or Content violating these Regulations is entitled to report this Content to the Administrator electronically to the e-mail address provided in the Regulations, together with an indication of the place where the Administrator can familiarize themselves with the aforementioned Content and all details necessary to consider the report, including the contact details of the User and third parties involved (if possible). 

The User may use  the Illegal Content reporting form, which is an annex to these regulations. 

  1. If the contact details of the User reporting the Content are not provided, the Administrator will not be able to contact the User to notify him or her about the receipt of the report and the result of considering the report. 
  2. The Administrator will immediately notify the User upon receipt of a report of the given Content. 
  3. The Administrator shall make decisions within the scope of the notification within a period not longer than 14 days from the date of receipt of the notification, in a non-arbitrary, objective manner and with due diligence. The Seller shall not use automated means for the purposes of consideration and decision-making.
  4. The Administrator shall notify the User without undue delay about the result of the decision taken regarding the notification, its content and justification. 
  5. In the event of Illegal Content or Content that is inconsistent with the Regulations, the Administrator may remove it, limit its visibility, prevent access to it, deposition it or leave it on the Service. It may also suspend, terminate or otherwise limit monetary payments, if such occur on the Service, suspend or terminate the provision of the service in whole or in part, or suspend or close the account of the User or a third party. At the same time, it informs the User and the third parties involved of its decision by providing them with a clear and specific justification for the decision (if it has their contact details).
  6. The User may appeal against the Administrator’s decision within 14 days from the date of receipt of the decision, providing justification. 
  7. The Administrator shall consider the User’s appeal within 14 days of its receipt, providing the User with its decision and justification. 

Administrator’s Responsibility for User Content

  1. The Administrator shall not be liable for User Content, especially Illegal Content left within the Service or Internet Platform, if the User’s actions are contrary to the Regulations or generally applicable laws. The Administrator shall make every effort to deal with such Content in a manner consistent with generally applicable laws and the Regulations, including not modifying the Content in a way that affects the integrity of the information provided or made available, not facilitating the posting of Illegal Content, immediately taking action to remove it or prevent access to it in accordance with the Regulations, respecting the fundamental rights of Users, including the right to freedom of expression and information, and taking all actions in good faith and with due diligence.

Algorithmic decision making

  1. There is no algorithmic decision-making within the Service , including decisions related to User appeals. 

Cooperation with public authorities regarding notifications of Illegal Content

  1. Where the Controller has any information giving rise to a suspicion that a criminal offence which threatens the life or safety of one or more persons has been, is being or may be committed, it shall immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available information on that subject.

Providing information to the Digital Services Coordinator

  1. The Controller shall provide the Digital Services Coordinator responsible for the place of establishment and the Commission, upon their request and without undue delay, with information on the average number of monthly active recipients of the service in the Union, calculated as an average over the previous six months, updated at the time of such request. The Digital Services Coordinator or the Commission may request the Controller to provide additional information on the calculation, including an explanation and justification for the data used. That information shall not contain personal data. 

Termination of use of the Administrator’s services

  1. The User is entitled to terminate the use of the Administrator’s services at any time. For this purpose, they may use available forms of termination of the use of services, such as automatic clicking on specific buttons enabling deletion of the account or unsubscribing from a given service, discontinuing observation of the Administrator’s Social Media, or by removing the Content they have posted, as well as contacting the Seller using the details provided in these regulations. This provision does not prejudice the Administrator’s obligations and rights resulting from other generally applicable provisions of law and further storage of data, including personal data, in particular for the purposes indicated in the Privacy Policy and resulting from the GDPR or other acts. 

Changes to the rules for using the Administrator’s services

  1. The Administrator will immediately inform the User by appropriate means about significant changes introduced in the terms of use of the Administrator’s services, including in the event of a change in the rules regarding information permitted about its services or other such changes that may have a direct impact on the Recipients’ ability to use the service, including the changes referred to in § 21 of these regulations. 

§21 FINAL PROVISIONS

  1. Agreements concluded through the Online Store and the services provided are performed in Polish and based on the provisions of Polish law. 
  2. The Seller reserves the right to make changes to the Regulations for important reasons, such as: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations, changes in technology, changes in the scope of services and assortment in the Store. The new regulations enter into force on the date of publication on the Seller’s internet platform on the subpage: Regulations.
  3. For contracts concluded before the amendment of the Regulations, the version of the Regulations in force on the date of conclusion of the Contract shall apply.
  4. In the event that any provision of these Regulations proves to be inconsistent with generally applicable legal provisions and infringes the interests of consumers, the Seller declares that the indicated provision will be applied.
  5. The settlement of any disputes between the Seller and the Customer who is a consumer within the meaning of Article 22 1  of the Civil Code shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  6. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, the Act on combating unfair competition, the Act on the protection of personal data and the General Data Protection Regulation (GDPR).

Link to privacy policy:

Link to these Regulations:

Note! These Terms and Conditions have been prepared by the Law Firm #Legalny Biznes Online legalnybiznesonline.pl. Do not copy them in whole or in part, as you will violate copyright and expose yourself to claims. Try to obtain your own legal license by contacting the Law Firm or using the legal store on legalnybiznesonline.pl or legalnastrefabiznesu.pl. 

I operate legally because I care about my clients, my image and the highest quality of what I provide for you! 🙂 

 

APPENDIX No. 1 – SAMPLE COMPLAINT FORM FOR CONSUMERS

Place, date: …………………………….

Name and surname/company: ……………………………………….

Residential address: ……………………………….

E-mail: ………………………….

Telephone number: …………………………….

Order number: …………………………….

Date of receipt of order: …………………………….

Alexandra Welman

  1. Poznańska 3.3, 60-848 Poznań

NIP 281 001 09 65

aleksandrawelman@gmail.com

Complaint about Digital Content/Digital Service by a Consumer

I hereby notify that the Digital Content/Digital Service purchased by me on ……………………………………………………… …………………………………………… [information] is inconsistent with the Agreement. 

The lack of compliance with the Agreement consists of …………………………………………………………………………………………….…………………………………………………………………………………………………………………….………………………………………………………………………………………………………………………………………………………………………….. [description of the lack of compliance with the Agreement]. 

The non-compliance was found on …………………………………………………………….. .

In view of the above, I request (in the case of Digital Content, Digital Services):

  • to bring into compliance with the Agreement
  • price reduction _______________________
  • I withdraw from the Agreement. 

Bank account number for refund: …………………………………………………………………………………………………………………

Bank account holder: ………………………………..…………………………………….

Date: ____________________ Consumer’s Signature: __________________

APPENDIX No. 2 – SAMPLE COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date: …………………………….

Name and surname/company: ……………………………………….

Company address: ……………………………….

Tax Identification Number: …………………………

E-mail: ………………………….

Telephone number: …………………………….

Order number: …………………………….

Date of receipt of order: …………………………….

Alexandra Welman

  1. Poznańska 3.3, 60-848 Poznań

NIP 281 001 09 65

aleksandrawelman@gmail.com

Complaint about Digital Content/Digital Service of an Entrepreneur with Consumer Rights

I hereby notify that the Digital Content/Digital Service purchased by me on ……………………………………………………… …………………………………………… [information] is inconsistent with the Agreement. 

The lack of compliance with the Agreement consists of …………………………………………………………………………………………….…………………………………………………………………………………………………………………….………………………………………………………………………………………………………………………………………………………………………….. [description of the lack of compliance with the Agreement]. 

The non-compliance was found on …………………………………………………………….. .

In view of the above, I request (in the case of Digital Content, Digital Services):

  • to bring into compliance with the Agreement
  • price reduction _______________________
  • I withdraw from the Agreement. 

Bank account number for refund: …………………………………………………………………………………………………………………

Bank account holder: ………………………………..…………………………………….

At the same time, I declare that the purchased Digital Content or Digital Services, and thus the concluded Sales Agreement, are directly related to the business activity I conduct, but they do not have a professional character for me, resulting in particular from the subject of the business activity I conduct based on the provisions on the Central Register and Information on Economic Activity. 

As proof of this, I am listing below the PKD for my business activity found in CEIDG:

PKD No. …………………………………… Description: …………………………………………………………………

PKD No. …………………………………… Description: …………………………………………………………………

PKD No. …………………………………… Description: …………………………………………………………………

PKD No. …………………………………… Description: …………………………………………………………………

PKD No. …………………………………… Description: …………………………………………………………………

Date: ____________________ Signature: __________________

APPENDIX No. 3 – SAMPLE FORM FOR WITHDRAWAL FROM THE CONTRACT IN THE CASE OF A CONSUMER 

Place, date: …………………………….

Name and surname/company: ……………………………………….

Residential address: ……………………………….

E-mail (if available): …………………………….

Telephone number (if available): …………………………….

Order number: …………………………….

Date of receipt of order: …………………………….

Alexandra Welman

  1. Poznańska 3.3, 60-848 Poznań

NIP 281 001 09 65

aleksandrawelman@gmail.com

Statement

on withdrawal from a contract concluded outside the business premises or at a distance in the case of a Consumer

I hereby declare that I am withdrawing from the contract ……………………………………………. No. …………………………………….. concluded on ………………………………………… regarding the following Digital Content or Digital Services: ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

I hereby request a refund of the amount of ……………… PLN (in words ……………………………………………………… zloty) by:

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

Date: _____________________ Consumer’s Signature: _____________ 

APPENDIX No. 4 – SAMPLE FORM FOR WITHDRAWAL FROM THE AGREEMENT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date: …………………………….

Name and surname/company: ……………………………………….

Company address: ……………………………….

Tax Identification Number: …………………………

E-mail (if available): …………………………….

Telephone number (if available): …………………………….

Order number: …………………………….

Date of receipt of order: …………………………….

Alexandra Welman

  1. Poznańska 3.3, 60-848 Poznań

NIP 281 001 09 65

aleksandrawelman@gmail.com

Statement

on withdrawal from a contract concluded outside the business premises or at a distance in the case of an Entrepreneur with consumer rights

I hereby declare that I am withdrawing from the contract ……………………………………………. No. …………………………………….. concluded on ………………………………………… regarding the following Digital Content or Digital Services: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

I hereby request a refund of the amount of ……………… PLN (in words ……………………………………………………… zloty) by:

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

At the same time, I declare that the purchased Digital Content or Digital Services, and thus the concluded sales agreement, are directly related to the business activity I conduct, but they do not have a professional character for me, resulting in particular from the subject of the business activity I conduct based on the provisions on the Central Register and Information on Business Activity.

As proof of this, I am listing below the PKD for my business activity found in CEIDG:

  1. PKD No. …………………………………… Description: ………………………………………………
  2. PKD No. …………………………………… Description: ………………………………………………
  3. PKD No. …………………………………… Description: ………………………………………………
  4. PKD No. …………………………………… Description: ………………………………………………
  5. PKD No. …………………………………… Description: ………………………………………………
  6. PKD No. …………………………………… Description: ………………………………………………
  7. PKD No. …………………………………… Description: ………………………………………………

Other evidence: ………………………………………………………………………………..

 

Date: _____________________ Signature: _____________ 

 

ANNEX No. 5 – SAMPLE FORM FOR REPORTING ILLEGAL CONTENT OR CONTENT INCONSISTENT WITH THE TERMS OF USE OF SERVICES (WITH REGULATIONS)

Date: ………………………….

Name and surname/company: …………………………… .

Address of residence: ……………………………….: 

E-mail (if available) : …………………………….

Telephone number (if available): …………………………….

Order number (if applicable): …………………………….

[except in the case of reporting information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU]

Link to Content: …………………………….

Alexandra Welman

  1. Poznańska 3.3, 60-848 Poznań

NIP 281 001 09 65 aleksandrawelman@gmail.com

REPORTING  ILLEGAL CONTENT OR CONTENT THAT IS INCONSISTENT WITH TERMS OF SERVICE

I hereby report that the Service located at the link: ___________________________ has been published 

  • illegal content
  • content that is inconsistent with the regulations
  •  content that is inconsistent with the terms of use of the Administrator’s services [please select as appropriate]

Description of the content and evidence of its existence

The content posted on the Website violates the following provisions of the Regulations/legal provisions: _________________________ [specify] and _________________________________ [specify other arguments why the indicated content is considered illegal or inconsistent with the Regulations]. 

Additionally, as proof of my claims I am sending:

  • screenshots of the above content 
  • Other: ___________________________________ [specify and attach]

Infringer’s data

To my knowledge, the above content was published/posted by the following person:

Name: _____________________ [if you have one]

Link to your online profile: _____________________ [if you have one]

Email address: _____________________ [if you have one]

Tasks

Taking the above into account, I request:

  • remove the aforementioned content from the Service
  • limiting the visibility of the following information related to the above content: _________________________ [please specify] by:
    • preventing the infringer from accessing the content
    • content deposition
  • suspension of the violator’s account
  • Closing the infringer’s account
  • suspension of the provision of the service in whole/in part [select] by the Administrator in favour of the infringer
  • termination of the provision of the service in whole/in part [select] by the Administrator in favour of the infringer
  • suspension, termination or other restriction of monetary payments as follows: _________________________________ [specify]
  • Other: ________________________________ [specify].

Statement

I declare that I am making this report in good faith and I am convinced that the information and allegations contained herein are correct and complete. 

Date: _____________________ Signature [if possible]: _____________ 

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