§1 Definition
For the purposes of the Terms And Conditions, the following terms should be used:
- Agreement - an agreement concluded between the Seller and the Buyer, the subject of which is the sale of Digital Content or the provision of Electronic Services to the Buyer;
- Buyer - a natural person, legal person, or organizational unit with legal capacity, in particular, a Consumer or EWCR;
- Consumer - a natural person concluding an Agreement with the Seller not directly related to its business or professional activity;
- Digital Content - data produced and delivered in digital form;
- Digital Services - services allowing the Buyer to:
a) generating, processing, storage, or access to data in digital form;
b) joint use of data in digital form that has been sent or generated by the Buyer or other users of the Digital Service;
c) other forms of interaction with digital data;
- Electronic Services - all electronic services provided by the Seller to the Buyer via the Website.
- Entrepreneur with consumer rights (EWCR) - a natural person concluding an Agreement with the Seller directly related to its business activity, when the content of the Agreement shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
- E-payment - payment of the Price for the Digital Content using a digital representation of the value, in particular using electronic vouchers, e-coupons, virtual currencies, etc.
- Presale - the process of collecting orders by the Seller for Digital Content that will be available for sale from a certain date, and concluding Agreements before the planned date of launching the Digital Content for sale;
- Price - the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Digital Content;
- Terms and Conditions - regulations of the Aleksandra Norman Online Shop, available at https://aleksandranorman.com/shop-terms-and-conditions/
- Seller - Aleksandra Norman, running a business activity under the name Norman Studio Aleksandra Norman, ul. Górna 81, 63-800 Gostyń (Poland), NIP (tax number): 6961863277, phone number +48 727 939 714 ;
- Update - an update that the Seller has undertaken to provide and which is necessary for the Digital Content to comply with the Agreement;
- User Content - content that has been provided or created by the Consumer or EWCR while using the Digital Content;
- Website - a website operating at https://aleksandranorman.com/shop/ and its extensions;
§2 Preliminary Provisions
- The Seller sells Digital Content via the Website. The Buyer may purchase the Digital Content indicated on the Website or specified as part of the Presale.
- The Terms and Conditions define the terms and conditions of using the Website, as well as the rights and obligations of the Seller and Buyers.
- To use the Website, including, in particular, to place an order, it is not necessary to meet specific technical conditions by the Buyer's computer hardware or software. Sufficient are:
- Internet access,
- standard, up-to-date operating system,
- standard, up-to-date web browser with cookies enabled,
- having an active email address.
- To use Digital Content, depending on its type, you may additionally need standard, publicly available software that allows you to view or play certain types of files, such as DOC, PDF, MP4, MP3, MOV, AVI, etc. If the use of Digital Content requires additional technical requirements, such information is presented on the Website in a way that is visible to the Buyer and allows them to make a decision regarding the purchase of digital content.
- The conclusion of the Agreement for the supply of Digital Content may not take place anonymously or under a pseudonym. The Buyer should indicate true and complete personal data in order to be able to conclude such an Agreement.
- It is forbidden to provide unlawful content when using the Website, in particular by sending such content via the forms available on the Website.
- Depending on the type of selected Digital Content or Electronic Services, a specific type of Agreement is concluded between the Seller and the Buyer:
- in the case of Digital Content, a contract for the supply of digital content is concluded;
- in case of Electronic Services, a contract for the provision of electronic services is concluded.
- For the avoidance of doubt, the Seller indicates that:
- Contracts that relate to Digital Content are contracts for the supply of digital content, to which the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights (PL) apply;
- provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights do not apply to Agreements that do not apply to Digital Content.
§3 Electronic Services relating to the Website
- The Seller provides the Buyer with certain Electronic Services related to the use of the Website.
- The basic Electronic Service provided to the Buyer by the Seller is to enable the Buyer to place an order on the Website, which leads to the conclusion of an Agreement with the Seller for the supply of Digital Content. Placing an order is possible without having an account on the Website.
- If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with an Electronic Service consisting in sending the Buyer emails containing information about news, promotions, products, or services of the Seller. Subscription to the newsletter is done by completing and sending the subscription form to the newsletter or by checking the appropriate checkbox when placing the order. The buyer may unsubscribe from the newsletter at any time by clicking the unsubscribe button that is included in each message sent as part of the newsletter. The Buyer may also send an email to the Seller with a request to unsubscribe from the newsletter database.
- Electronic Services are provided to the Buyer free of charge. However, Contracts for the provision of Digital Content, which are concluded via the Website, are payable.
- In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Website, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller takes steps to ensure the proper functioning of the Website. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Website.
- Due to the fact that the Website is an ICT system managed by the Seller, the Seller may carry out technical and IT works aimed at developing the Website and providing Electronic Services at the highest possible level.
- As part of the development of the Website, the Seller may in particular:
- add new functions and change or remove existing functions within the Website;
- introduce the Website to other types of devices, e.g. mobile devices;
- share an application related to the Website.
§4 Placing an order
- The buyer can place an order as a guest.
- All descriptions of the Digital Content available on the Website pages do not constitute an offer within the meaning of the relevant provisions of civil law, but an invitation to conclude an Agreement.
- Placing an order is done by adding the Digital Content that interests the Buyer to the shopping cart, and then completing the order form. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the payment method for the order is selected. The condition for placing an order is acceptance of the Terms and Conditions, which the Buyer should read beforehand. In case of any doubts regarding the Terms and Conditions, the Buyer may contact the Seller.
- In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or email about the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer makes contact.
- The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with section 4.
- The ordering process is completed by clicking the order finalizing button. By clicking the button finalizing the order, the Buyer submits an offer to purchase selected Digital Content from the Seller, under the conditions specified in the order form.
§5 Presale
- The Seller, in relation to certain types of Digital Content, may, but does not have to, arrange a Presale.
- Presale Digital Content is clearly marked within the Service as Presale Digital Content. On the page of such Digital Content, the Seller provides information from what date the Digital Content is likely to be available and from what date the Digital Content is likely to be delivered to Buyers.
- For the purposes of concluding Agreements as part of the Presale, the provisions of §4 shall apply accordingly.
- The Seller reserves the right to change the date referred to in section 2, especially as a result of delays in the delivery of Digital Content by third parties (e.g. producers). The Seller will inform the Buyers about any changes to the dates related to the Presale by posting information on the Website and sending an email to the address provided by the Buyer.
- In the event that the sale of Digital Content is not possible under the conditions provided for in the Presale (e.g. suppliers fail to provide the appropriate quantity or types of materials, the price of materials will increase, etc.), the Seller will inform the Buyer of these circumstances.
- If the Buyer who is a Consumer or EWCR does not agree to extend the deadline for the delivery of Digital Content or change the terms of sale of Digital Content, he may resign from the purchase of Digital Content, and the Seller returns to such Buyer all payments made as part of the Presale.
§6 Price and payments
- The available payment methods for the order are described on the Website and presented to the Buyer at the stage of placing the order.
- If the Buyer chooses online payment when placing the order, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator in order to make the payment for the order.
- Electronic payments, including card payments, are supported by Stripe.
- The Seller may provide Buyers with the option of making an E-payment, e.g. using a discount code, voucher, or other e-coupons. In this case, the Buyer will be able to pay the Price, in whole or in part, by E-payment, in accordance with the instructions available on the order form page. Providing the possibility of making E-payments is not the Seller's obligation.
- If the Buyer asks for an invoice, it is delivered to the Buyer electronically, to the email address provided in the order form.
- All Prices on the Website are given in US Dollars. Prices shown to the Customer include value added tax (VAT) at the applicable rate. If a Customer is not obliged to pay VAT (for example his residence is outside of the EU), he shall contact the Seller before placing the Order in order to apply the correct VAT amount or to check the Seller’s eligibility to sell to the Customer’s country.
- The Seller is entitled to provide the Buyers with discounts, reductions, or other preferences related to the Price of their own choice, in particular as part of an organized promotional campaign. The details of promotional campaigns are specified in separate regulations of promotional campaigns. The Buyer is not entitled to demand discounts, reductions, or other preferences that do not result from the promotional campaign.
- In each case of informing about the discount of the Price of Digital Content, the Seller, next to the information about the reduced Price, also publishes information about the lowest Price of this Digital Content, which was in force during the period of 30 days before the introduction of the discount. If the given Digital Content is offered for sale in a period shorter than 30 days, next to the information on the reduced Price, the Seller also includes information on the lowest Price of this Digital Content, which was in force in the period from the date of commencement of offering these Digital Content for sale until the date of introduction of the discount.
§7 Completion of an order for Digital Content
- The execution of the order for Digital Content consists in providing the Buyer with the ordered Digital Content.
- The Seller provides the Buyer with Digital Content not earlier than after positive payment authorization or crediting the payment to its bank account. Digital Content may be provided to the Buyer immediately after the conclusion of the Agreement and payment for the order or on dates specified by the Seller, depending on the type of Digital Content purchased by the Buyer.
- The Buyer, depending on the Seller's choice and the technical capabilities of the Website, may access the Digital Content by:
- link sent to the Buyer to the email address indicated by the Buyer or
- a user account on a special course platform where the purchased Digital Content is located.
- Information on whether the given Digital Content can be downloaded by the Buyer on its own carrier is included in the description of the Digital Content or the instructions provided to the Buyer.
- If the given Digital Content can be downloaded by the User, the Seller may introduce a download limit for the given Digital Content (e.g. the given Digital Content can only be downloaded 10 times). If a download limit is introduced, the Seller clearly indicates to the Buyer how many times the Buyer may download the given Digital Content under the concluded Agreement.
- The Seller may introduce time limits on access to a given Digital Content (e.g. access to a given Digital Content will be possible only for 3 months). If time limits are introduced, the Seller clearly indicates to the Buyer for how long the Buyer will have access to the given Digital Content under the concluded Agreement. If access to the Digital Content is defined by the Seller as lifetime access, and the Buyer obtains this access through a user account, in the event of the need to close the user account (e.g. due to technological changes, termination of activity by the Seller), the Buyer is provided with the possibility to download the Digital Content on its own carrier within a period specified by the Seller, not shorter than 14 days, counted from sending information to the Buyer's email address assigned to the user's account about the planned liquidation of the user's account and the possibility of downloading the Digital Content on its own carrier.
- The Digital Content is deemed to have been delivered when the Digital Content or the means that allows access to the Digital Content or downloading the Digital Content has been made available to the Buyer or a physical or virtual device that the Buyer has chosen for this purpose, or when the Buyer or such device have access to the Digital Content.
- The Seller provides the Digital Content in the version valid on the date of delivery of the Digital Content and does not provide Updates after the date of delivery of the Digital Content - unless it is clearly indicated in the description of the Digital Content that the Digital Content also includes Updates of the Digital Content at a later date.
- Subject to the provisions on fair use, the Buyer may use the Digital Content only for their own needs. Under no circumstances shall the Buyer have the right to share or sell the Digital Content or any of its developments under its own designation, to incorporate the Digital Content or its fragments into its own products or services that it makes available or sell, and other similar earning activities with the use of Digital Content.
- If the Buyer wants to use the Digital Content in his business or professional activity, he is obliged to ask the Seller for a license for the given Digital Content by sending a message to the Seller's email address. In order to conclude such an agreement, the Buyer should contact the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the Digital Content and the assumed duration of use. Upon receipt of such a proposal, the Seller will submit an offer in accordance with its own licensing policy.
- In the event that the Buyer gains access to the purchased Digital Content through a user account on the course platform, it is prohibited to:
- share the user account with other people or share access data to the user account with other people,
- make unauthorized attempts to gain access to Digital Content that has not been assigned to the user's account as a result of their purchase,
- take actions that have a negative impact on the functioning of the ICT system in which the user's account operates, in particular through various types of hacking techniques, malware, etc.
- make attempts to download Digital Content to your own carrier, while the Seller does not provide such a possibility,
- use the user's account to conduct marketing activities,
- use the functions available as part of the user's account in a way that violates the personal rights of other people or is contrary to good manners.
- The Seller is entitled to make changes to the Digital Content during the term of the Agreement, with the exception of Digital Content, which is provided once. Changes to the Digital Content acquired by the Consumer or EWCR may be made subject to the following requirements:
- changes to the Digital Content may be made only for justified reasons, in particular, such as removing defects, adapting the Digital Content to the needs of Buyers, adapting the Digital Content to legal changes or decisions of courts and authorities;
- changes to the Digital Content may not involve costs on the part of the Consumer or EWCR;
- the Seller will inform the Consumer or EWCR in a clear and understandable way about the change;
- if a change in the Digital Content significantly and negatively affects the Buyer's access to or use of the Digital Content, the Seller is obliged to inform the Consumer or EWCR in advance, not less than 7 days, on a durable medium, about the properties and date of introducing the change, as well as permissions related to these changes;
- if the change in Digital Content significantly and negatively affects the Buyer's access to or use of Digital Content, the Consumer or EWCR may terminate the Agreement without notice within 30 days from the date of making the change in Digital Content or informing about changes in Digital Content if a notification occurred later than this change. This right shall not be granted to the Buyer when the Seller provides the Consumer or EWCR, at no additional cost, with the right to keep the Digital Content unchanged in accordance with the Agreement.
- If the Buyer violates the rules regarding the use of Digital Content, the Seller may block the Buyer's access to the Digital Content. The Buyer will receive a message explaining the reasons for the block. The Buyer may appeal the ban within 14 days of receiving the message. The Seller considers appeals within 14 days. Blocking access to Digital Content does not constitute a breach of the Agreement by the Seller and may not be the basis for the Buyer's claims for breach of the Agreement.
- Digital Content may, but does not have to, be accompanied by additional benefits, e.g. access to a support group related to the purchased Digital Content, online meeting with the Seller or other people, participation in additional webinars, etc. All such benefits are secondary to the main obligation of the Seller, which is to provide Digital Content in accordance with the Agreement and are implemented in accordance with the information available on the Website contained in the description of the purchased Digital Content. The seller may provide additional rules for the use of additional benefits aimed at ensuring comfort and a sense of security among all persons with access to specific benefits, e.g. rules for participation in a support group. Failure to comply with such rules may result in the Buyer being deprived of the possibility to use additional benefits, which, however, does not affect the Seller's performance of its main obligation in the form of delivery of Digital Content, does not constitute a breach of the Agreement by the Seller and may not be the basis for the Buyer's claims for breach of the Agreement.
§8 Withdrawal from the Consumer Agreement or EWCR without giving a reason
- The consumer or EWCR has the right to withdraw from the Agreement, which was concluded via the Website, without giving any reason within 14 days from the date of conclusion of the Agreement.
- The right to withdraw from the Agreement does not apply to the Agreement for the supply of Digital Content not delivered on a tangible medium, for which the Consumer or EWCR is obliged to pay the Price, if the Seller started the service with the express and prior consent of the Buyer, who was informed before the commencement of the service that after the performance of the service by the Seller, she/he will lose the right to withdraw from the Agreement, and she/he acknowledged this, and the Seller provided the Buyer with the confirmation referred to in art. 21 sec. 2 of the Consumer Rights Act (PL).
§9 Responsibility for the compliance of the Digital Content with the Agreement
- The warranty for defects in Digital Content, referred to in the provisions of the Civil Code, is excluded in the case of Agreements that are concluded by Buyers other than the Consumer or EWCR.
- The provisions on liability for the compliance of Digital Content with the Agreement, which are contained in the Act on Consumer Rights, including the provisions of the Terms and Conditions, apply to Agreements concluded by the Consumer or EWCR.
- The Seller is responsible towards the Consumer and EWCR for the compliance of the Digital Content with the Agreement. The compliance of the Digital Content with the Agreement is assessed in accordance with the provisions of the Act on Consumer Rights.
- For Digital Content:
- delivered at one time or in parts - the Seller is responsible for the lack of compliance of the Digital Content with the Agreement, which existed at the time of their delivery and became apparent within two years from that time;
- delivered continuously - the Seller is responsible for the lack of compliance of the Digital Content with the Agreement, which occurred or became apparent at the time when, in accordance with the Agreement, they were to be delivered.
- In the event that the Seller provides Digital Content on a continuous basis, the Digital Content should be consistent for the duration of its delivery in accordance with the Agreement.
§10 Bringing the Digital Content into compliance with the Agreement
- If the Digital Content is inconsistent with the Agreement, the Consumer or EWCR may demand that the Digital Content be brought into compliance with the Agreement.
- If bringing the Digital Contents into compliance with the Agreement is impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Digital Contents into compliance with the Agreement.
- The Seller brings the Digital Contents into compliance with the Agreement within a reasonable time, not longer than 21 days, from the moment the Seller was informed by the Consumer or EWCR about the non-compliance of the Digital Content with the Agreement, and without undue inconvenience to the Consumer or EWCR, taking into account their nature and the purpose for which they are used.
- The costs of bringing the Digital Content into compliance with the Agreement shall be borne by the Seller.
§11 Reduction of the Price or withdrawal from the Agreement in the event of non-compliance of the Digital Content with the Agreement
- If the Digital Content is inconsistent with the Agreement, the Consumer or EWCR may submit a statement of price reduction or withdrawal from the Agreement when:
- the Seller refused to bring the Digital Contents into compliance with the Agreement in accordance with § 10 section 2;
- the Seller has not brought the Digital Content into compliance with the Agreement;
- the non-conformity of the Digital Content with the Agreement continues, even though the Seller has tried to bring the Digital Content into conformity with the Agreement;
- the lack of compliance of the Digital Content with the Agreement is significant enough to justify a reduction in the Price or withdrawal from the Agreement without prior use of the measures referred to in § 10 section 1;
- it is clear from the Seller's statement or circumstances that he will not bring the Digital Content into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer or the EWCR.
- The reduced Price must be in such proportion to the Price resulting from the Agreement, in which the value of the Digital Content that does not comply with the Agreement remains to the value of the Digital Content that is compliant with the Agreement. If the Digital Content is delivered in parts or continuously, the price reduction should take into account the time during which the Digital Content remained inconsistent with the Agreement.
- The Seller is obliged to return the Price due to the Consumer or EWCR immediately, not later than within 14 days from the date of receipt of the Consumer's or EWCR's statement on the Price reduction.
- The Consumer or EWCR may not withdraw from the Agreement if the Digital Content is delivered in exchange for the payment of the Price and the lack of compliance of the Digital Content with the Agreement is insignificant. The lack of compliance of the Digital Content with the Agreement is presumed to be significant.
§12 Settlement with the Consumer or EWCR in the event of withdrawal from the Agreement
- In a situation where the Buyer who is a Consumer or EWCR withdraws from the Agreement:
- under the rights arising from the consumer warranty for non-compliance of Digital Content with the Agreement;
- in the event of failure by the Seller to deliver the Digital Content, despite the Buyer's request,
the provisions of this paragraph shall apply to settlements between the Parties.
- If the Seller has provided the Digital Content on a tangible medium, the Seller may request the return of this medium no later than 14 days from the date of receipt of the declaration of withdrawal, and the Consumer or EWCR is obliged to return the medium immediately, not later than within 21 days, at the Seller's expense.
- The Seller is obliged to return the Price only in the part corresponding to the Digital Content that is inconsistent with the Agreement or the Digital Content for which the obligation to deliver them has been terminated as a result of withdrawing from the Agreement. At the same time, the Seller is not entitled to demand payment for the time when the Digital Content was inconsistent with the Agreement, even if the Consumer or EWCR actually used them before withdrawing from the Agreement.
- The Seller is obliged to return the Price due to the Consumer or EWCR immediately, not later than within 14 days from the date of receipt of the Consumer's or EWCR's statement on withdrawal from the Agreement.
- The Seller refunds the due Price using the same method of payment as used by the Consumer or EWCR, unless the Consumer or EWCR expressly agreed to a different method of return, which does not involve any costs for him.
§13 Return of User Content
- After withdrawal from the Agreement, the Seller may not use User Content, except for User Content that:
- are only useful in connection with the Digital Content;
- concern only the activity of the Consumer or EWCR when using the Digital Content;
- have been combined by the Seller with other data and cannot be separated without undue difficulty;
- have been produced jointly with other Consumers or EWCR who can still use them
- At the Consumer's or EWCR's request, the Seller shall make available to such a Buyer, at its own cost, within a reasonable time and in a commonly used machine-readable format, User Content that was created or delivered during the use of Digital Content. This obligation does not apply to the return of the User Content referred to in section. 1 point a - d.
§14 Personal data and cookies
- The administrator of the Buyer's personal data is the Seller.
- The website uses cookie technology.
- Details related to personal data and cookies are described in the privacy policy available at https://aleksandranorman.com/shop-privacy-policy
§15 Intellectual Property Rights
- The Seller instructs the Buyer that all content available on the Website, Digital Content, and elements of Digital Content (e.g. graphic designs) may constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights, to which the Seller is entitled to copyright or other authorized entities, as well as databases protected under the provisions on the protection of databases.
- The Seller instructs the Buyer that the use of content covered by copyright or the use of databases by the Buyer without the consent of the Seller or other authorized entity, except for use within the framework of fair use, constitutes a violation of intellectual property rights and may result in civil or criminal liability.
- The Seller may conclude a separate license agreement with the Buyer related to the Buyer's use of content or databases belonging to the Seller (e.g. by using product photographs, using descriptions of Digital Content, etc.). In order to conclude such an agreement, the Buyer should contact the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the content or databases belonging to the Seller, and about the assumed duration of use. Upon receipt of such a proposal, the Seller will submit an offer in accordance with its own licensing policy.
§16 Reviews
- On the pages of the Website (and websites related to it) opinions are published that come from Buyers who have used Digital Content or purchased Digital Content.
- The Seller sends a request to share an opinion on the purchased Digital Content (e.g. by means of a survey) to the Buyer's email address or via a message on social networking sites. Contact details were obtained when concluding the Agreement for the supply of Digital Content. The Seller also reserves the right to use spontaneous opinions sent by Buyers via emails and messages on social networking sites or posted under its publications on social networking sites.
- It is forbidden to share opinions:
- without using the Website first;
- on Digital Content that the Buyer has not used or purchased,
- fulfilling the characteristics of an act of unfair competition within the meaning of Art. 3 of the Act of 16 April 1993 on Combating Unfair Competition;
- infringing the personal rights of the Seller or a third party;
- by paid users, in particular for the purpose of artificially increasing the rating of Digital Content.
- The Seller verifies the opinions obtained, in particular whether they come from Buyers who actually used the Digital Content or purchased the Digital Content.
- The seller decides on his own which reviews will be published. The seller reserves the right to minor editing and correction (e.g. correcting typos, etc.) of the obtained opinions before their publication.
- In case of any doubts of the Buyer regarding the posted opinions, the Buyer may submit the opinion to the Seller for verification. After receiving the notification from the Buyer, the Seller will take actions appropriate to its capabilities, which will be aimed at verifying the opinion posted.
§17 Out-of-court methods of dealing with complaints and pursuing claims
- The consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims. The consumer has, among other things, the possibility to:
- apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded Agreement,
- apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
- use the assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://polubowne.uokik.gov.pl.
- The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
§18 Complaints and summons
- Each Buyer has the right to lodge a complaint in matters related to the functioning of the Website or the performance of the Agreement. Complaints should be reported to the Seller at shop@aleksandranorman.com.
- Complaints of the Buyers will be considered on an ongoing basis, but not later than within 14 days from the date of receipt of the complaint by the Seller.
- The response to the complaint will be sent to the Buyer to the contact provided by the Buyer when submitting the complaint.
- If the Seller has not delivered the Digital Content in accordance with the Agreement, the Buyer may file a complaint requesting the Seller to deliver the Digital Content. If, despite this request, the Seller fails to deliver the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without calling the Seller to deliver the Digital Content when:
- it will be clear from the Seller's statement or circumstances that the Seller will not deliver the Digital Content;
- The parties agreed or the circumstances of the conclusion of the Agreement clearly show that the specified date of delivery of the Digital Content was of significant importance to the Buyer, and the Seller did not deliver them within this period.
§19 Final Provisions
- The Seller reserves the right to introduce and cancel offers, and promotions and to change the Prices on the Website without prejudice to the rights acquired by the Buyer, including in particular the terms of the Agreements concluded before the change.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in the law, technological changes, and business changes.
- To Agreements regarding Digital Content delivered once shall apply the Terms and Conditions in force at the time of concluding the Agreement.
- In the case of Digital Content Agreements that are delivered via the user's account (e.g. on-online course with one-year access), the Buyer will receive information about the change of the Terms and Conditions to the email address assigned to the user's account. The Buyer may terminate the Agreement within 30 days of informing him/her of the change if the change to the Terms and Conditions significantly and negatively affects the Buyer's access to or use of Digital Content.
- In the case of Agreements regarding Electronic Services, the Buyer will receive information about the change in the Terms and Conditions to the email address related to the given Electronic Service. If the Buyer does not accept the changes to the Terms and Conditions, he may terminate the Agreement with immediate effect, e.g. by deleting the account on the Website or resigning from receiving the newsletter.
- Any disputes related to the Agreements concluded via the Website will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers and EWCR, in the case of which the jurisdiction of the court is determined on general terms.
- These Terms and Conditions apply from 17th April 2023.
- All archival versions of the Terms and Conditions will be available for download in .pdf format - links will be below the Terms and Conditions.