Mypolishcourse.com online store Terms & Conditions
My name is Magdalena Trawińska-Krawiec and I am a creator of digital content, access to which I sell through my store available at https://www.mypolishcourse.com/shop
The products offered in the Shop are sold by MyPolish Language School, a business entity operating under the name Szkoła Języków Obcych Magdalena Trawińska-Krawiec, Tax Identification Number (NIP): PL6391910381, National Business Registry Number (REGON)242848010 , registered in the Central Register and Information on Economic Activity maintained by the Minister responsible for the economy. Contact address: ul.Gen.J.Bema 24a/3, 47-400 Racibórz. Hereinafter referred to as the Seller.
You can contact the Seller via email by writing to: email@example.com, or by phone: +48506131307
§1 BASIC TERMS
Explanation of basic terms:
- Price – the value expressed in monetary units that the Customer is obligated to pay, and in the case of digital content/services, also the digital representation of value.
- Business Day – a day of the week from Monday to Friday, excluding public holidays.
- Delivery – means the provision of the Product to the Customer by the Seller.
- Supplier – a party cooperating with the Seller, whose task is to carry out the delivery (detailed information regarding suppliers and delivery methods is specified on the Seller’s website).
- Customer – an entity that intends to make a purchase or has made a purchase of a product(s), i.e., a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity, a legal person, and a non-legal entity granted legal capacity by law, who has entered into or intends to enter into an agreement with the Seller, also referred to as the User.
- Consumer – a natural person making a purchase for purposes not directly related to their economic/professional activity.
- Offer – a sales proposal containing essential elements of the Product (including product description, individual seller’s proposal).
- Entrepreneur – a natural person, legal person, or non-legal entity not having legal personality, which is granted separate legal capacity by a specific law, conducting business activity on their own behalf and using the Shop.
- Entrepreneur acting as a consumer – a natural person entering into an agreement directly related to their economic activity when it follows from the content of that agreement that it does not have a professional character for them, arising in particular from the subject matter of their economic activity, made available based on the provisions on the Central Register and Information on Economic Activity.
- Product – Goods or Service offered by the Seller in the Shop, intended for sale; the Product is subject to a charge unless stated otherwise.
- Electronic Product – digital content received by the Customer as part of a purchase, which takes the form of an electronic file. The file format depends on the content of the material (e.g., e-book, other materials in PDF format, audio/video).
- Physical Product – a product subject to physical delivery by mail/courier or which can be collected in person.
- Digital Service – a service allowing the Customer to: a) create, process, store, or access data in digital form, b) share data in digital form that has been sent or created by the consumer or other users of this service, c) engage in other forms of interaction using such data.
- Regulations – these Sales Regulations defining the rules for using the Shop, placing orders, and order fulfillment by the Seller.
- Shop/Website – a website where the sale of products by the Seller is conducted.
- Goods – an object that is the subject of an agreement concluded between the Seller and the Customer.
- Goods with Digital Elements – goods containing digital content/digital service or connected to it in such a way that the absence of digital content/digital service would prevent its proper functioning.
- Durable Medium – a material or tool for storing information that allows access to such information in the future (for the time necessary to achieve the purposes for which this information serves) and enables the reproduction of stored information in an unchanged form.
- Agreement – mutual agreements between the Seller and the Customer specifying the rights and obligations of both parties.
- Service – a service provided by the Seller to the Customer.
- Participant – a natural person indicated by the Customer as a person participating in educational activities/services provided by the Organizer.
- Activities – educational activities/educational service provided by the Organizer to the Customer.
§2 COOPERATION RULES AND CONTRACT FORMATION
- The Seller provides the Customer with the Terms and Conditions free of charge before entering into a contract, and also, upon the Customer’s request, in a manner that allows for obtaining, reproducing, and recording the content of the regulations using the teleinformation system used by the Seller.
- The conditions for contract performance and cooperation rules are specified in the Terms and Conditions and in the Offer.
- The Terms and Conditions and the Offer do not exclude or limit the rights of the Customer, who is a Consumer or a Business Consumer, arising from mandatory provisions of law.
- In the event of any discrepancies between the content of the Terms and Conditions and the Offer, the Offer shall prevail.
- The contract is concluded at the moment of the Customer’s acceptance of the Terms and Conditions, payment, and confirmation by the Seller of the acceptance of the order for processing, subject to the provision below.
- In the case where the payment deadline or the first payment deadline falls after the conclusion of the Contract, the Contract is concluded at the moment of the Customer’s acceptance of the Terms and Conditions and the confirmation by the Seller of the acceptance of the order for processing.
- In the case of periodic payments or payments made in installments, the Contract is concluded upon making the first payment or the first installment, and upon the Customer’s acceptance of the Terms and Conditions and confirmation by the Seller of the acceptance of the order for processing. In the case of choosing periodic or installment payments, the Customer is obligated to pay the Price for the Product in full. Making the first payment does not release the Customer from the obligation to pay the full Price.
- For a payment to be effective – in the case of the Customer choosing a payment method such as bank transfer, electronic payment, or credit card – it occurs at the moment of the Seller’s bank account being credited.
- Due to the provisions of the Value Added Tax Act, in the case of placing an order by a Business Consumer, it is necessary to provide the Seller with the identification number of the business entity (e.g., VAT number) when placing the order.
- The Price is a gross price and includes all taxes required by law, unless the Seller explicitly indicates that the price is a net price and VAT should be added to it.
- The Price does not include information regarding delivery costs or other costs that the Customer will be obliged to bear, and the Customer will be informed about these costs before placing the order.
- The reduced price is the price resulting from a reduction in the price of the Product.
- The lowest price is the lowest price for the Product that was in effect for a period of 30 days before the reduction, and in the case of a product offered for sale for a period shorter than 30 days, the lowest price is the lowest price in effect from the day the Product was first offered until the day of the reduction.
- In the case of a price reduction for a Product that is perishable or has a short shelf life, the Seller, in addition to the price for the Product, also provides information about the price before the first reduction.
- In the event that the Seller applies a procedure for individual price adjustment based on automated decision-making, the Seller informs the Customer about this before placing the order.
§4 ORDER PLACEMENT RULES
- The Customer can use the Shop 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays, or public holidays will be processed on the next working day.
- The Seller uses the services of the Przelewy24 service for offering online payments.
- Payments can be made using electronic transfer, debit or credit card, BLIK payment, and other payment methods offered by the service.
- The Customer is obligated to make payment immediately after placing the order unless otherwise stated in the Offer or the selected payment method chosen by the Customer.
- To place an order through the Shop, the following steps must be taken:
1) Select the Product(s) to be purchased from the options available on the website by clicking the “add to cart” button or a similar button.
2) After selecting the Product, provide the required information (e.g., Customer’s data, payment method, delivery method).
3) Review the information regarding the total price for the selected Product(s), including delivery costs, and any other additional costs resulting from the placed order.
4) Accept the Terms and Conditions and the order, and proceed with the payment for the order according to the chosen payment method. After placing the order, the Seller will send a confirmation of the order placement.
- To place an order for Products electronically, such as via email, through messaging platforms, or through an external program, the following steps must be taken:
1) Review the Offer and select the Product(s) to be purchased.
2) After selecting the Product(s), provide the information required by the Seller (e.g., Customer’s data, payment method, delivery method).
3) Before accepting the order, review the information regarding the total price for the selected Product(s), including delivery costs, and any other additional costs resulting from the placed order.
4) Accept the cooperation terms presented by the Seller within the order, including the Terms and Conditions, and proceed with the payment for the order according to the chosen payment method. After placing the order, the Seller will send a confirmation of the order placement.
- The Seller will also send the Customer a confirmation of order acceptance for processing and the terms of the Agreement, unless they were provided before the conclusion of the Agreement.
- The Seller has the right to cancel an order for valid reasons, including but not limited to: 1) failure by the Customer to make payment within 3 working days from the date of order placement, or 2) completion of the order form by the Customer in a manner that prevents its proper processing despite the Customer being requested to complete/correct the data, under the penalty of order cancellation.
§5 ORDER FULFILLMENT RULES
Electronic Products (including e-books, video recordings, online courses, PDF materials)
- In the case of purchasing a Product that includes an electronic item, access to the Product will be granted to the Customer immediately after successful payment, but no later than within 48 hours, unless stated otherwise in the Offer.
- The electronic Product will be provided within the User Account or sent to the Customer’s specified email address, subject to the provisions below.
- For Products such as courses or other electronic materials where the materials are not available immediately upon purchase due to the nature of the Product, the materials will be provided systematically on subsequent course days or immediately based on the arrangements specified in the Offer.
- In the case of purchasing a Product that includes access to a Facebook group or other platforms, as well as live broadcasts (webinars/online meetings), the Customer will be granted access to the mentioned locations immediately after purchase or within the timeframe specified in the Offer.
- Unless stated otherwise in the Offer, access to the Product is limited in time and lasts for 12 months from the date of entering into the Agreement.
- If the Customer is unable to access the provided file or materials, they should contact the Seller.
- The Seller will inform the Customer about updates, including those related to security measures necessary to maintain the Product’s compliance with the Agreement.
Online Broadcasts (including webinars)
- In the case of purchasing a Product that includes access to online broadcasts (such as webinars/live online training), the Customer will be granted access to the platform where the webinar/meeting takes place no later than before the scheduled online broadcast. Access will be sent to the Customer’s specified email address.
- Online broadcasts may be recorded by the Seller unless stated otherwise in the Offer.
- In connection with the possibility of recording online broadcasts, the Seller has also regulated in this Regulation matters related to the recording of images and processing sensitive customer data. [§6 Image]
- In the case of purchasing a Product that includes classes and educational courses, detailed information can be found in Annex No. 1 to the Regulations.
- Detailed information regarding the service is provided in the Offer.
- The term “1 hour” refers to 60 minutes, unless stated otherwise in the Offer.
- Consultations will be conducted after the Customer and the Seller agree on a specific date and time, which will be arranged via email and/or SMS and/or by selecting a date from the provided online calendar (if available), unless stated otherwise in the Offer.
- The Customer can avail themselves of the service no later than within 6 months from the date of purchase, unless stated otherwise in the Offer.
- It is possible to change the service appointment once. The condition for changing the appointment is to cancel the service appointment no later than 48 hours before the scheduled time and arrange a new appointment. Failure to cancel the service according to the above rules will be considered as the service having been provided. The change of appointment should be made by email or phone to the email address or phone number indicated in the Regulations.
- In the case of providing services on a subscription basis, including granting access to products for a specified period of time, unless stated otherwise in the Offer and the nature of the service:
1) The agreement is concluded for a specified period of time as indicated in the order.
2) If the agreement is not terminated no later than on the day preceding the expiration date of the agreement, the agreement will be automatically extended indefinitely. Termination can be submitted to the Seller’s address indicated in the Regulations, without stating a reason or by clicking on the option available within the User Account.
3) In the case of an agreement concluded for an indefinite period, it is possible to terminate it with effect at the end of the settlement period.
4) The access month is understood as a calendar month, starting from the date of successful payment.
Additional information regarding the Products:
- The Seller reserves the right to cancel an online transmission or Training for a valid reason, no later than one day before the scheduled event, unless a valid reason occurs later (e.g., sudden illness, unforeseen circumstances). In such a situation, another event date will be determined, and the Client will be notified. If the Client cannot participate in the new date, the Client has the right to reject the Seller’s proposals.
- The Seller informs the Client about updates, including those related to the security measures necessary to maintain the Product’s compliance with the agreement.
- If the Client is unable to launch the provided file, material, or access the Seller’s Platform or other platforms, they should contact the Seller.
- Only one person has the right to use the Seller’s Product (unless otherwise stated in the Offer). If someone other than the Client is to be a Participant, the Client should inform the Seller during the order placement or immediately after placing the order by providing the Participant’s email address. In such a case, the Client obliges the Participant to comply with the Regulations, particularly the rules and obligations specified in §5-§8 and §12-§13.
- The Client is aware that the image of the Participant shared during online transmissions may be processed by the Seller, including recording and dissemination for educational, documentary, archival, and contractual purposes.
- The Client is aware that online transmissions may be recorded, and recordings from the transmissions may be shared within the platform for materials/training/courses.
- By activating the camera during online transmissions (webinars/online meetings), the Client gives consent for the Seller to record, use, and distribute the image of the Participant in the form of recordings/photos from the online transmission/working process for educational, documentary, archival, and contractual purposes.
- Separate consent is required for the processing of the Client’s/Participant’s image for marketing and promotional purposes.
- The aforementioned image may be used for various forms of electronic processing, cropping, composition, and combined with the images of other individuals participating in the online transmission. Furthermore, the recorded footage with the Client’s participation may be edited, modified, added to other materials created within the Seller’s activities. The consent covers all forms of publication.
- The Client may not record, use, or distribute the images of other participants/instructors without the prior consent of those individuals. In the event of a violation of this provision, the Seller, as well as other individuals whose right to their image has been violated, have the right to claim compensation and/or satisfaction for the aforementioned action.
§7: TECHNICAL REQUIREMENTS
- The Client may use the Store in accordance with the Regulations and applicable laws.
- The Seller declares that the public nature of the internet network and the use of electronically provided services may involve the risk of unauthorized acquisition and modification of Customer data. Therefore, Customers should apply appropriate technical measures to minimize the mentioned risks.
- In order to use the Store or place an order, the Customer must have:
1) an up-to-date version of an internet browser supported by the manufacturer, with internet access (e.g., Opera, Mozilla Firefox, Google Chrome);
2) an active email account.
- In order to use the Products (excluding physical Products), the Customer must have:
1) an up-to-date version of an internet browser supported by the manufacturer, with internet access (e.g., Opera, Mozilla Firefox, Google Chrome);
2) an active email account;
3) a current tool/program for handling electronic files, in the format specified in the Offer (e.g., *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);
4) an account on the Facebook social media platform or a messaging app, if the Offer indicates that access to a dedicated Facebook group is part of the agreement.
- If additional technical requirements need to be met to use the Store or purchase a Product, the Customer will be informed of this before using the Store or placing an order for the Product.
§8 COPYRIGHTS AND LICENSES
- All materials provided by the Seller, including electronic Products and Services, texts, photos, graphics, multimedia, and trademarks, are works protected by copyright and related rights under the law.
- The copyrights to the aforementioned materials are held by the Seller or another entity from whom the Seller has obtained the appropriate license. The materials may also be used by the Seller based on another legal basis.
- All materials provided by the Seller may only be used by the Customer for personal use, unless otherwise specified in the Offer. Unauthorized distribution, sharing, copying, or downloading of the materials in any way beyond the scope of permitted use is prohibited.
- The Seller grants the Customer a non-exclusive license without the right to sublicense and without territorial limitations. Time limitations are specified in the Offer or in this Agreement. The licensing fee is included in the price.
- The Customer has the right to use the materials in the following fields of exploitation:
1) for recording and printing purposes – digitally storing the content in the User Account or in another manner permitted by the Seller; printing may be done for the Customer’s own use of the materials;
2) in the field of modifying the work for personal use, within the scope indicated by instructions, video instructions, and comments.
- In the event of a violation of the prohibition mentioned in this paragraph, including infringement of copyright, the Seller has the right to demand compensation and damages from the Customer. The Customer may be held civilly or criminally liable in this regard.
- The Seller has the right to periodically update the Products, including electronic Products.
§9 PRODUCT NON-CONFORMITY
- This chapter defines the principles of liability for conformity of performance with the Agreement, obliging the transfer of ownership of Goods to the Consumer and the Entrepreneur under consumer rights, for agreements concluded from January 1, 2023.
- For agreements obliging the transfer of ownership of goods, including sales agreements, delivery agreements, and contracts for work, which are goods, the provisions of the third book, title II, chapter XI of the Civil Code of April 23, 1964, do not apply, only the Consumer Rights Act applies (Polish law). Detailed information regarding these principles can be found in the Consumer Rights Act, and this Regulation is not intended to restrict or modify them.
- If the Goods are non-conforming with the Agreement, the Customer may demand its repair or replacement, or in cases specified in the Consumer Rights Act, also withdraw from the Agreement.
- The Seller may replace the Goods when the Customer requests repair, or the Seller may repair the Goods when the Customer requests replacement if bringing the Goods into conformity with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into conformity with the Agreement. The Customer provides the Goods subject to repair or replacement to the Seller.
- If the Goods are non-compliant with the agreement, the Customer may submit a statement on price reduction or withdrawal from the agreement when:
1) The Seller refused to bring the Goods into compliance with the agreement or did not bring the Goods into compliance with the agreement;
2) The lack of conformity of the Goods with the agreement persists, even though the Seller attempted to bring the Goods into compliance with the agreement;
3) The lack of conformity of the Goods with the agreement is significant enough to justify an immediate price reduction or withdrawal from the agreement;
4) It is evident from the Seller’s statement or circumstances that the Seller will not bring the Goods into compliance with the agreement within a reasonable time or without excessive inconvenience to the Customer.
- The Customer cannot withdraw from the agreement if the non-compliance of the Goods with the agreement is insignificant.
- In the event of withdrawal from the agreement, the Customer shall promptly return the Goods to the Seller at the Seller’s expense. The Seller shall refund the price to the Customer promptly, but no later than within 14 days from the date of receiving the Goods or proof of their return.
- The Customer may file a complaint regarding the non-compliance of the Goods with the agreement by sending it to the Seller’s address specified in the Terms and Conditions (postal or email address). The complaint should include data enabling the Customer’s identification, the subject of the complaint, and the requests related to the complaint. In the event of receiving an incomplete complaint that prevents its consideration, the Seller shall request the Customer to complete it, under the penalty of leaving the complaint without examination. The Customer may submit a complaint using the form attached as Appendix No. 3 to these Terms and Conditions. This procedure applies accordingly to the rights arising from §10 of the Terms and Conditions.
- The Seller shall consider complaints within 14 days from the date of receiving them, unless otherwise provided by specific provisions. The response will be sent to the Customer’s email address or provided in another manner chosen by the Customer.
- The provisions of this chapter do not apply to Goods that serve solely as a carrier of digital content.
- In addition to the rights arising from the warranty, some Goods may be covered by a guarantee. In such cases, information regarding the guarantee will be specified, among others, in the Offer or in a separate document, in accordance with the principles provided for in the Consumer Rights Act.
§10 ADDITIONAL CUSTOMER RIGHTS REGARDING DIGITAL CONTENT/SERVICES
- This chapter specifies the rights of the Consumer and the Entrepreneur under consumer law in the case of agreements for the provision of digital content/services concluded from January 1, 2023. Detailed information regarding the Customer’s rights is determined by the provisions of the Consumer Rights Act, and this Regulation does not aim to limit or modify them.
- If digital content or a digital service is non-compliant with the agreement, the Customer may demand its conformity with the agreement or submit a statement requesting a price reduction or withdrawal from the agreement.
- The Seller may refuse to bring the digital content or digital service into conformity with the agreement if the Customer’s chosen method of conformity would be impossible or would require excessive costs for the Seller.
- If digital content or a digital service is non-compliant with the agreement, the Customer may submit a statement requesting a price reduction or a statement of withdrawal from the agreement when:
1) Conformity with the agreement is impossible or would require excessive costs;
2) The Seller has not brought the digital content or digital service into conformity with the agreement;
3) The lack of conformity with the agreement persists, even though the Seller has attempted to bring the digital content or digital service into conformity with the agreement;
4) The lack of conformity of the digital content or digital service with the agreement is significant enough to justify an immediate price reduction or withdrawal from the agreement;
5) It is evident from the Seller’s statement or circumstances that the Seller will not bring the digital content or digital service into conformity with the agreement within a reasonable time or without excessive inconvenience to the Customer.
- The Customer cannot withdraw from the agreement if the digital content or digital service is provided in exchange for a payment, and the lack of conformity with the agreement is insignificant.
- If the Customer has not received the digital content or digital service, they shall inform the Seller. In the event of non-delivery, promptly or within an additional term explicitly agreed upon by the parties, the Customer may withdraw from the agreement.
- The Customer may withdraw from the agreement without requesting the delivery of the digital content or digital service if:
1) The Seller has stated or it is evident from the circumstances that they will not deliver the digital content or digital service, or
2) The parties have explicitly agreed or it is evident from the circumstances of the agreement that the specified deadline for delivering the digital content or digital service was of significant importance to the Customer, and the Seller has not delivered it within that deadline.
- The provisions of this chapter do not apply if the agreement provides for the delivery of digital content via a physical carrier.
§11 WITHDRAWAL FROM THE AGREEMENT
- This chapter establishes the rules for withdrawal from the agreement by the Consumer and the Entrepreneur under consumer law.
- A Customer who is a Consumer or an Entrepreneur acting as a consumer has the right to withdraw from the agreement within 14 days, subject to the provisions below. To exercise the right of withdrawal from the agreement, the Customer should inform the Seller by means of an unambiguous statement, such as sending an email or letter to the address indicated in the Regulations. More information about the right of withdrawal can be found in Appendix No. 2 and 3 to the Regulations.
- The right of withdrawal from the agreement does not apply in the case of:
1) a contract for the provision of services, where the Seller has fully performed the service with the explicit and prior consent of the Customer, who was informed before the provision began that after the Seller’s performance, they would lose the right to withdraw from the agreement and acknowledged this fact; in such cases, the Customer is obliged to pay the agreed price;
2) a contract for the supply of digital content in a form other than on a physical medium, where the Seller has commenced the provision with the explicit and prior consent of the Customer, who was informed before the provision began that after the Seller’s performance, they would lose the right to withdraw from the agreement and acknowledged this fact, and the Seller has provided the Customer with confirmation of obtaining consent; in such cases, the Customer is obliged to pay the agreed price;
3) contracts for goods that are non-prefabricated and have been made to the consumer’s specifications or are clearly personalized (i.e., custom-made goods);
4) contracts for perishable goods or goods with a short shelf life;
5) contracts for the supply of sealed goods that are not suitable for return due to health or hygiene reasons, and the packaging has been opened after delivery;
6) contracts for the supply of audio or video recordings or computer software in sealed packaging, where the packaging has been opened after delivery;
7) contracts for the supply of newspapers, periodicals, or magazines, excluding subscription contracts;
8) contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the sale agreement, and the delivery can only take place after 30 days, and their value depends on fluctuations in the market over which the Seller has no control;
9) contracts where the price or remuneration depends on financial market fluctuations that the entrepreneur cannot control and that may occur before the expiration of the withdrawal period;
10) contracts concluded through a public auction;
11) contracts for goods that, by their nature, become inseparably mixed with other items after delivery;
12) contracts for the provision of services that the Customer has specifically requested the Seller to perform at their premises for repair purposes, and the service has already been fully performed with the explicit and prior consent of the Customer, in which case the Customer is obliged to pay the previously agreed price.
- The Customer referred to in paragraph 1 shall be liable for any diminished value of the Product resulting from using it in a manner exceeding what is necessary to establish its nature, characteristics, and functioning.
- In the event of withdrawal from the agreement for the supply of digital content or digital services, the Customer shall refrain from using such digital content or digital service and from providing it to third parties.
§12 USER ACCOUNT
- The Seller creates a User Account for the Customer, which is an individual panel activated by the Seller for the Customer to use the Seller’s Products after the Customer has registered and entered into a free agreement to create and maintain a User Account, hereinafter referred to as the Account. The agreement to create and maintain a User Account is concluded for an indefinite period.
- The Customer may not share the Account with third parties or possess multiple Accounts.
- Creating an Account is necessary to gain access to it, place an order, and access the Product if the Product is made available on the Account.
- The Seller sends information regarding the Account to the email address provided by the Customer. The Customer establishes a unique password for the Account. The Customer is obligated to establish a unique password even if the registration of the User Account generates an automatic password by the system. After registering the Account, the Customer should immediately establish a new password.
- The Customer may request the deletion of the Account from the Seller via email or through another communication method agreed upon, while observing a 14-day notice period without stating a reason.
- Deleting the Account may result in the loss of access to the Products made available within the Account.
- The Seller may terminate the agreement to create and maintain the Account:
1) for valid reasons, while observing a 14-day notice period (applies to Customers who are Consumers or Entrepreneurs acting as consumers); valid reasons shall include, in particular, the Customer’s violation of the provisions of the Regulations or legal regulations, as well as engaging in actions inconsistent with good practices;
2) without stating a reason, with immediate effect (applies to Customers who are not Consumers or Entrepreneurs acting as consumers).
§13 SPECIFIC PROVISIONS CONCERNING ENTREPRENEURS
- The provisions indicated in this paragraph apply to an Entrepreneur who is not an Entrepreneur acting as a consumer.
- The competent court for resolving any disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur acting as a consumer shall be the court having jurisdiction over the Seller’s registered office.
- An Entrepreneur who is not an Entrepreneur acting as a consumer is obliged to inspect the shipment upon receipt. In case of noticing any defects or damages, the Entrepreneur is obligated to draw up a protocol upon receipt. In the event of non-compliance with the aforementioned formalities, the Seller shall not be liable for: defects and damage to the Product occurring from the moment it is received by the Carrier until it is handed over to the Entrepreneur, as well as for delays in the shipment caused by the Carrier.
- The parties exclude the Seller’s liability for non-conformity of goods with the contract/defects of the item concerning an Entrepreneur who is not an Entrepreneur acting as a consumer.
- The Seller has the right to terminate the agreement with the Entrepreneur with immediate effect. For this purpose, the Seller sends a statement of contract termination to the Entrepreneur’s email address or postal address. The Entrepreneur waives any claims in this regard.
- The Seller is not liable for any loss of profits incurred by an Entrepreneur who is not an Entrepreneur acting as a consumer.
§14 PRODUCT REVIEWS
- Product reviews published by the Seller are verified by the Seller.
- Verification is carried out, among other things, by comparing personal data or cooperation details with the data and information possessed by the Seller regarding customers who have previously used the Seller’s Products, as well as through direct contact with the respective individuals to thank them for their reviews or by sending dedicated links to customers for leaving reviews.
- In case of doubts regarding whether a review comes from a person using the Seller’s Products, that review is not published by the Seller.
- The published reviews aim to present the benefits identified by previous customers related to the purchase of the Seller’s Products.
- The Seller does not utilize sponsored or bartered reviews.
§15 FINAL PROVISIONS
- During the occurrence of an unavoidable/force majeure event independent of the parties, the parties to the agreement shall be released from any liability for non-performance or improper performance of the agreement, provided that the circumstances of the force majeure event constitute an obstacle to the performance of the agreement. The above also applies during the period immediately preceding or following the occurrence of the force majeure event, as long as the impact of such event within the specified period constitutes an obstacle to the performance of the agreement.
- Force majeure shall be understood as an accidental or natural event completely independent of the will and actions of the parties, which could not have been foreseen, and it was impossible to prevent such an event, particularly events such as a flood, burglary, war, act of terror, or declaration of a state of emergency.
- In the case when the Customer is from a country other than the Seller’s country, the Customer should inform the Seller by providing information about their place of residence/registered office to enable the Seller to settle taxes in accordance with applicable regulations.
- It is prohibited to use the Products for: providing unlawful information or acting in a manner contrary to law, good manners, or infringing upon the personal rights of third parties.
- Alternative dispute resolution and complaints. The consumer has the possibility to address:
1) a permanent consumer arbitration court with a request for the settlement of a dispute arising from the concluded agreement;
2) a provincial inspector of the Trade Inspection with a request to initiate a mediation procedure for an amicable settlement of the dispute between the Customer and the Seller;
3) a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection, in order to obtain assistance in matters relating to the agreement; or
4) use the ODR platform. The platform is used for the resolution of disputes between consumers and traders – http://ec.europa.eu/consumers/odr.
- The Seller reserves the right to introduce changes to the Terms and Conditions for important reasons, especially due to changes in legal provisions to the extent that they also require a change in the content of these Terms and Conditions, as well as in the case of a significant change in business factors, provided that there is a causal relationship between the change and the change in the costs of service provision by the Seller. Changes in legal provisions particularly significant for the content of the terms and conditions may relate to the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services. The Terms and Conditions may also be changed for important reasons based on decisions issued and in force of the UOKiK (Office of Competition and Consumer Protection), the PUODO (Personal Data Protection Office), or court judgments to the extent corresponding to the issued decisions/judgments.
- The version of the Terms and Conditions in force at the time of the Customer’s conclusion of the Agreement shall apply to agreements concluded prior to the entry into force of the new Terms and Conditions.
- Polish law is the governing law, subject to clause 10.
- Polish courts have jurisdiction, subject to clause 10.
- In the case of a Customer who is a consumer, the provisions of the Terms and Conditions do not deprive the consumer of the protection granted by the laws of their habitual residence that cannot be excluded based on the agreement. In a situation where the provisions applicable in the consumer’s country are more favorable to them and cannot be excluded by agreement, they shall apply to the agreement concluded between the Customer and the Seller.
- The Terms and Conditions are effective from June 1st 2023.
- This Regulations dodcument was made in two language versions – Polish and English. In the event of any discrepancies resulting from the translation, the Polish language version shall prevail. Link to the Polish version of Mypolishcourse.com online shop terms and conditions is here
Annex No. 1
RULES FOR CLASSES AND COURSES
§1 GENERAL PROVISIONS
- The rules define the conditions for organizing and conducting classes and courses (referred to as “Classes”) by the Seller. The rules for classes and courses are an integral part of the store’s terms and conditions.
- An agreement is concluded upon the Customer’s acceptance of the rules, confirmation by the Seller of accepting the order for execution, and payment (if payment is a condition for commencing cooperation). The offer provided by the Seller or the Agreement for the provision of educational services, if made available to the Customer, constitutes an integral part of the agreement (referred to as the “Offer”).
- The glossary of terms is located in §16 of the terms and conditions.
- The Customer is obliged to make payment for the Classes. Detailed information regarding payments, including the schedule, is specified in the Offer and the provisions of the store’s terms and conditions.
- Failure to make payment on time will result in the Seller initiating debt collection procedures. Payments are monitored by the Law Office of Kinga Konopelko [contact address: Sezamkowa 28/3, 52-317 Wrocław; www.edulegal.pl].
- In the event of non-payment within the specified period, the Organizer, after a prior demand for payment under the penalty of suspending the provision of services or terminating the agreement, reserves the right to suspend the provision of services or terminate the agreement.
§3 ORGANIZATION OF CLASSES
- The Seller provides educational services to the Participant, which includes conducting classes that the Seller has undertaken to organize as individual or group sessions, as well as preparing necessary learning materials.
- The Participant is obligated to follow the established rules during the classes. This includes, among other things, preparing for the classes, observing personal conduct rules, and not disrupting the work during the classes.
- In the case of group classes, if the number of participants does not reach or falls below 4 individuals (unless a different minimum number of participants in the group is specified in the Offer), the Seller has the right to terminate the Agreement for valid reasons. The Seller may also propose transferring the Participant to another group or propose an increase in fees, and the Customer has the right to reject the new offer.
- Detailed information regarding the participant’s image is specified in the store’s terms and conditions.
- The timeframe for fulfilling the Agreement, the duration of the classes, as well as the number of classes, are indicated in the Offer.
- In the case of group classes, the schedule is determined no later than before the start of the classes, unless otherwise specified in the Offer.
- For individual classes, unless otherwise specified in the Offer, the schedule is individually agreed upon by the Seller and the Participant/Customer. The schedule for the upcoming calendar month is as follows:
- a) For new Participants, the schedule is determined during the first classes.
- b) For Participants continuing the Classes, the schedule is determined no later than the last classes in the respective calendar month.
- The Seller reserves the right to cancel classes for a valid reason, no later than one day before the planned class date, unless the valid reason occurs later (e.g., sudden illness, unforeseen event). In such a situation, an alternative date will be scheduled to make up for the missed classes.
- In the case of group classes:
- a) Due to the nature of the classes, changing the class schedule by the Customer/Participant is not possible.
- b) Absence from classes does not exempt the Customer/Participant from the obligation to pay for the classes that took place according to the schedule.
- In the case of individual classes (1:1), changing the class schedule by the Customer/Participant is only possible for valid reasons, according to the following conditions:
- a) The Customer/Participant is required to inform the Seller of the change in class date no later than 24 hours before the planned class (e.g., via SMS/email or by any other accepted method).
- b) The Customer/Participant can cancel a maximum of 2 classes per month.
- c) Classes are considered completed if their scheduled time has not been changed as described above. In such a case, absence from the classes does not exempt the Customer/Participant from the obligation to pay for the classes that took place according to the schedule and which the Seller was prepared to conduct.
- In the event of absence from classes, the Participant may receive access to the prepared class materials. For this purpose, the Participant contacts the Seller, providing an email address to which the materials should be made available/sent (unless the materials have already been provided on the material platform).
§5 ONLINE CLASSES – TECHNICAL REQUIREMENTS
- In the case of online classes, the Participant should have:
- a) an active email address,
- b) computer equipment to participate in the classes, headphones or speakers for audio playback, as well as a microphone and camera.
- It is recommended to participate in the classes using a stable internet connection. Mobile connections, due to their nature, may cause disruptions, including interruptions in the Participant’s participation in the classes.
- The Seller is not responsible for irregularities related to participation in online classes if the cause lies with the Customer/Participant or other entities whose services the Customer/Participant uses (e.g., internet service provider), which may directly/indirectly affect the ability to use the Seller’s services.
- In the event of technical problems as mentioned in point 3, preventing participation in the classes, the classes will be considered completed.
- In the event of technical problems on the Seller’s side or the supporting entities assisting the Seller in fulfilling the agreement, which prevent the classes from being conducted in whole or in part, these classes, in whole or in part, will be rescheduled for another date.
- The provided materials may have the following formats: *.PDF, *.doc, *.mp3, *.mp4, *.zip, *.rar. The Participant must have programs that can handle these file formats.
- In the case when materials are provided through platforms such as Zoom/Skype or Google Meet/Google Classroom application or any other platform, the Participant will need access to these platforms. The Seller will provide the Participant with instructions on how to gain access to these platforms.
§6 TERMINATION OF THE AGREEMENT
- The Customer has the right to terminate the agreement without stating a reason by means of a clear expression of will, with a notice period of 1 month (for group classes) or 2 weeks (for individual classes).
- Termination of the Agreement should be done by submitting a declaration of termination of the Agreement in written or electronic form (e.g., via email).
- The Seller has the right to terminate the agreement for valid reasons indicated in these Terms and Conditions, as well as in the event of a significant breach of the Terms and Conditions and the Agreement by the Customer/Participant – after prior notification to cease the violations and setting an appropriate additional deadline, under the penalty of termination of the Agreement immediately. Significant breaches include, in particular, failure to pay the fees for the classes, actions taken by the Customer/Participant that hinder or impede the conduct of the classes.
- Upon termination of the agreement, the Seller settles the fees paid.
- If payment for the classes has been made in an amount higher than the amount corresponding to the number of classes completed by the expiration date of the notice period/termination of the Agreement and the expenses incurred by the Seller for the proper performance of the Agreement, the Organizer refunds the overpayment to the Customer immediately but no later than within 14 days from the date of termination of the agreement. The overpayment is refunded to the Customer’s account from which the payment was made unless the Customer indicates otherwise.
- If payment for the classes has been made in an amount lower than the amount corresponding to the number of classes completed by the expiration date of the notice period/termination of the Agreement and the expenses incurred by the Seller for the proper performance of the Agreement, the Customer is obliged to settle the underpayment (the missing amount) immediately but no later than within 14 days from the date of the request.
§7 AMENDMENT OF THE AGREEMENT
- The Seller reserves the right to make changes to the Terms and Conditions for valid reasons, especially in the event of a significant change in economic factors (e.g., due to increased burdens and public fees, increased administrative fees), provided that there is a causal relationship between such change and the change in the costs of providing services by the Seller, as well as due to changes in legal regulations (including the Civil Code, Consumer Rights Act) or decisions and judgments to the extent that they require the Seller to make changes.
- The Customer will be notified by email or in writing of any changes to the Terms and Conditions no later than 14 days before the planned date of implementing the changes.
- By notifying the Customer of the changes as mentioned in point 1, the Seller informs that if the Customer does not object to these changes before the effective date of the changes, it will be deemed that the Customer has agreed to them.
- The Customer has the right to terminate the agreement with immediate effect before the effective date of the changes.
- If the Customer objects to the changes but does not terminate the agreement, the agreement will be terminated on the day preceding the effective date of the changes to the Terms and Conditions.
- The procedure mentioned in points 1-5 does not apply to the change in the form of conducting classes from in-person classes to online classes. If, for valid reasons, it is difficult or impossible to conduct in-person classes, especially in the event of a declared state of epidemic, epidemiological threat, state of emergency, or the introduction of other restrictions that hinder or prevent the conduct of in-person classes, including as a result of administrative restrictions or recommendations from the Chief Sanitary Inspector, or when a change in the form of conducting classes is justified by significant safety considerations for the Seller and Participants. In such circumstances, until they cease to exist, the Customer agrees to change the form of conducting classes from in-person to online. Detailed information regarding the requirements for online classes has been specified in § 4 of the Terms and Conditions (Online Classes).
- The change in the form of conducting classes as mentioned in § 7 point 6:
- a) does not constitute a change to the Agreement/Terms and Conditions and does not require an annex,
- b) does not provide a basis for terminating the agreement/withdrawing from the agreement,
- c) does not provide a basis for changing the amount of fees for classes.
- A change in the class schedule for reasons attributable to the Seller as mentioned in § 4 and § 5 (Schedule and Online Classes) does not constitute a change to the agreement. If the Participant is unable to make up for the missed classes in the new schedule proposed by the Seller, the fee for those classes will be refunded or carried over to the next settlement period, according to the Customer’s decision.
Annex No. 2
NOTICE OF WITHDRAWAL FROM THE AGREEMENT
You have the right to withdraw from this agreement within 14 days without giving any reason. The deadline for withdrawal from the agreement expires after 14 days:
– from the date of entering into the agreement in the case of service contracts,
– from the day on which you or a third party other than the carrier and indicated by you, have acquired the goods, or in the case of goods delivered in multiple shipments, from the day on which you have acquired the last of the goods. In the case of agreements for regular delivery of goods during a specified period, the deadline expires upon the acquisition of the first of the goods by you or the third party indicated by you (other than the carrier).
To exercise the right of withdrawal from the agreement, you must inform us of your decision to withdraw from this agreement by means of an unequivocal statement (for example, a letter sent by post or email).
Our contact details:
You may use the withdrawal form template, although it is not mandatory. To meet the deadline for withdrawal from the agreement, it is sufficient for you to send the information concerning the exercise of your right of withdrawal from the agreement before the withdrawal period expires.
Effects of withdrawal from the agreement:
In the event of withdrawal from this agreement, we will refund all payments received from you, including the costs of delivery (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event not later than 14 days from the day on which we were informed of your decision to withdraw from this agreement. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.
We may withhold the refund until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
Please return or hand over the product to us immediately and in any event not later than 14 days from the day on which you notified us of the withdrawal from the agreement. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods unless otherwise stated in the Offer.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If you requested the services to begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this agreement.
Annex No. 3
Contact details: Szkoła Języków Obcych Magdalena Trawińska-Krawiec, adres do kontaktu: ul.Gen.J.Bema 24a/3, 47-400 Racibórz, e-mail: firstname.lastname@example.org, telefon: +48506131307.
WITHDRAWAL FORM TEMPLATE
(this form should be filled out and returned only if you wish to withdraw from the agreement)
I hereby, acting under Article 27 of the Consumer Rights Act, withdraw from the agreement concluded on …………………………..(date) regarding/involving*………………………………………………………
Name and surname, customer address* … ……………………………
Signature*…………………………………. (if sent in paper version)
*fill in the appropriate information
Annex No. 4
Contact details: Szkoła Języków Obcych Magdalena Trawińska-Krawiec, adres do kontaktu: ul.Gen.J.Bema 24a/3, 47-400 Racibórz, e-mail: email@example.com, telefon: +48506131307.
(fill out the form if you wish to file a complaint regarding the non-conformity of the Goods with the Agreement)
Order number: ___________________________ dated __________________________
I hereby inform that the purchased goods are not in accordance with the agreement. The non-conformity of the Goods with the agreement consists of: ______________________________. The non-conformity was identified on __________________________________________________.
Therefore, I kindly request: ___________________________________________ (indicate the claim).
Name and surname, customer address* ……………..
Signature*…………………………. (if sent in paper version)
* fill in the appropriate information