Terms and Conditions of the epetnutrition.com Website

1 Basic definitions

2 General Provisions

3 Terms of Service

4 Service Agreement

5 Complaint procedure

6 Withdrawal of mandatory instruction

7 Warranty

8 Disclaimer

9 Out-of-court methods of handling complaints and pursuing claims

10 Provisions concerning entrepreneurs

11 Payment Methods

12 Final Provisions

Admission

Terms of Service. Dear User, these Terms and Conditions regulate the manner of using the above-mentioned Website, the rights and obligations of the User and the Website under applicable law. The Terms and Conditions consist of four main parts:

1. in § 1 to 3 – there are general provisions of these Regulations;
2. § 4 – the registration process is described;
3. § 5 to 7 – contains regulations related to the determination of defective services as well as the right to withdraw from the provision and use of services;
4. § 8 to 12 – contains all other regulations, including the final ones.

1 Basic definitions

1. Website/Service Provider – a website available at the address of this website, which is also the Service Provider.
   1. Owner’s address – whenever the Owner’s address is referred to in the Terms and Conditions, it shall be understood as the following data:
   2. Established: Smart Solution Bożena Wróblewska Al. 3 Maja 7A/6 00-401 Warsaw
   3. Data: NIP 661 128 07 24 REGON 384703439
   4. e-mail address: [email protected]
   5. phone 797 332 150
2. User/Service Recipient – a natural person who is at least 18 years of age and has full legal capacity, and in the cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude an agreement with the Website.
3. Consumer – Article 22¹ of the Civil Code: a natural person performing a legal transaction with the Website that is not directly related to his business or professional activity.
4. Account – specifies the authorization to access the customer panel after logging in as an individual user, a user of a group account
5. Individual User – a person or entity with an active individual account on the Website used for training.
6. Group Account User – a person who has an active account within the created group (group account) on the website used for training.
7. Owner+ subscription – is intended for dog owners/guardians, the possibility to choose the duration: month, quarter, year
8. Veterinarian/animal dietician subscription – is intended for persons with appropriate qualifications related to the implementation of indicated professions or students of such faculties
9. Distance Agreement – means an agreement concluded between the Website and the User as part of an organized procedure of the system of concluding distance contracts, without the need for both parties to the agreement to participate in one place and time, concluded by one or more means necessary for remote communication up to and including the conclusion of the agreement.
10. Service – a service provided electronically by the Service Provider to the Service Recipient (Client) via this Website, i.e. Training for both individual and group users, online training in audio, video, text form, sale of a CD with audio sound – education and subscription of materials on the portal, access to recipes for dogs selected for the dog, calculators, webinars. The annual subscription automatically renews every year. You can cancel your subscription before the end of the year, but the subscription fee is non-refundable. In the event of deletion of the Account at the request of the User or Client, the fees previously paid for the placed Orders are not refundable in whole or in part.
11. Act on Consumer Rights, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

2 General Provisions

1. The Website hereby declares that it undertakes to provide services to the Service Recipient in a reliable manner and in accordance with applicable law, principles of social coexistence and in the manner regulated in these Terms and Conditions.
2. The website includes a login panel for the learning platform. Individual content may be available for users who are not logged in.
3. The information contained on the website can also be accessed by users who are not logged in.
4. The seller declares that as of 28 May, in connection with the entry into force of the legal regulation (transposing Directive (EU) 2019/2161 into national law) on reviews throughout Europe: traders who share reviews must inform whether and how it has been ensured that the published reviews come from consumers who have used or purchased the product. The measures taken to this end must be specifically mentioned.
5. We declare that the reviews posted on our website come from real customers who have purchased and used our products. Reviews have been issued in accordance with the request for them after confirming that the goods have reached the customer. We provide the possibility of importing reviews posted in the Google tab in the business card section of our company, reviews can also come from the Allegro portal. We promise to complete all formalities and efforts to ensure that the opinions are real and correspond to the truth, and those issued improperly are removed.
6. The Website declares that it complies with all the required rules for the protection of the Service Users’ personal data, which are provided, among others, by the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of the EU Council Regulation 2016/679 (of 27 April 2016, Journal of Laws of the Republic of Poland). 119). The Service Recipient agrees to the collection, storage and processing of personal data by the Website only for the purpose directly related to the performance of the website’s tasks. Detailed conditions for the collection, processing and protection of personal data by the Website are set out in the “Privacy Policy” of the Website.
7. The User has the opportunity to read the Terms and Conditions by accepting their content by marking the appropriate box in the form. In order to use the Website, it is necessary to accept the provisions of the Terms and Conditions.
8. The Website is the administrator of personal data, and this data is protected in accordance with the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of the EU Council Regulation 2016/679 (of 27 April 2016, Journal of Laws of the Republic of Poland). 119). The personal data set is registered with the Inspector General for Personal Data Protection.
9. The Data Controller applies appropriate technical and organisational measures to ensure the protection of personal data in accordance with the risks and categories of data to be protected. First of all, it protects data against sharing, taking, processing, loss, change, damage or destruction by unauthorized persons.
10. Each person whose data is processed has the right to:
11. supervise and control the processing of personal data for which the Website maintains the data set of Users of the above-mentioned Website;
12. obtain comprehensive information whether such a collection exists and is maintained by the Website;
13. to determine who is the data controller, to determine his address, registered office, name, in a situation where the controller is a natural person, to determine his name and surname and place of residence;
14. obtain information about the purpose, scope, method and time of processing of data contained in such a set;
15. obtain information in a commonly understandable form of the content of this data;
16. to know the source of the data concerning him/her, unless the data controller is obliged to maintain the secrecy of classified information or professional secrecy in this respect;
17. request supplementation, updating, rectification of personal data, temporary suspension or deletion of personal data, if they are incomplete, outdated, untrue or have been collected in violation of the law or are no longer necessary to achieve the purpose for which they were collected.
18. In accordance with point 10, the User has the right to inspect the content of the processed personal data, correct them, as well as request the deletion of this data. The administrator of personal data is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the database on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the procedure for their supplementation, update or rectification is determined by separate provisions of law, including acts.
19. The Service Recipient consents to the collection and processing of personal data by the Website within the meaning of the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of the EU Council Regulation 2016/679 (of 27 April 2016, Journal of Laws of the Republic of Poland). 119). The data may be transferred to another entity only in the event of legally required or necessary pursuit of claims.
20. The Service Recipient undertakes to use the Website in accordance with applicable law and the principles of social coexistence.
21. The Service Recipient using the Website Services is obliged to comply with these Terms and Conditions to the extent that is necessary to perform the tasks of the Website and to the extent that is not contrary to the applicable law and the principles of social coexistence.
22. The Service Provider is entitled to make available to authorized state authorities the content, materials and data, including IP addresses of the Service Recipients, who have used the Website in a specific way, in particular when it is necessary for the purpose of preventing or prosecuting crimes. In such a situation, the Service Provider is also not responsible for the possible blocking of access to specific data and information.
23. An entrepreneur running a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the agreement within 14 calendar days from the moment of taking possession of the Goods by the Client or a third party indicated by him, other than the carrier.
24. As a reminder. In connection with the new provisions of the Civil Code, the legislator has also planned to add Article 38a to the Consumer Rights Act, which will allow sole proprietorships to use the 14-day right of return – in the following wording: “Article 38a The provisions concerning the consumer contained in this chapter apply to a natural person concluding a contract directly related to his business activity, if the content of this agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Registration and Information on Business.”
25. 556(4) The provisions concerning the consumer contained in this section, with the exception of Article 558 § 1, second sentence, apply to a natural person concluding a contract directly related to his business activity, if it follows from the content of the contract that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Business.
26. Verification of whether a given activity is of a professional nature will be carried out on the basis of CEiDG – Central Registration and Information on Business – and more specifically on the PKD codes entered therein specifying the types of business activity.
27. Sole proprietors will be granted the following qualifications:

• prohibited clauses used in standard contracts;
• warranty for defects of the sold item;
• a recourse claim against the previous seller in connection with the execution of a consumer complaint;
• the right to withdraw from a contract concluded remotely or outside the company’s premises within 14 days;

21. The provisions concerning the consumer, contained in Articles 385(1)-385(3) of the Civil Code [concerning prohibited contractual provisions] apply to a natural person concluding an agreement directly related to his business activity, if the content of the agreement shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Business.
22. The new Article 385(5) of the Civil Code applies only to unlawful contractual provisions (abusive clauses). The provisions on abusive clauses will apply to sole proprietorships after 1 January 2021. A catalogue of exemplary twenty-three abusive clauses is included in Article 385(3) of the Civil Code, in turn, in the current version of the register of abusive clauses kept by the President of UOKiK.
23. The new regulations will apply to agreements concluded after 21 January 2021. The provisions of Article 385[5], Article 556[4], Article 556[5] and Article 576[5] of the Act amended in Article 1 shall not apply to agreements concluded before 1 January 2021. The provision of Article 38a of the Act amended in Article 55 shall not apply to agreements concluded before 1 January 2021.
24. Sole proprietors will still not be able to benefit from the assistance of institutions supporting consumers in protecting their rights, including the assistance of District/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.

3 Terms of Service

1. This Website provides services by electronic means. In addition, some physical products are delivered using the services of transport companies.
2. The service specified in point 1 requires access to the Internet.
3. You can use the Website 24 hours a day, 7 days a week. The Website reserves the right to make technical breaks in order to improve the functionality of the Website and to fix errors.
4. To view general information on the website and its subordinate websites, it is not required to have a user account.
5. A user who wants to use additional functions of individual modules available on the portal, tools and trainings available on the website must have an active account and be logged in.
6. The User buys access to the materials for a period of 1 to 12 months, depending on the type of subscription selected, during which time they can use the content and materials made available to them without incurring additional fees. Cancelling access before the due date does not result in a refund of the amount paid for the unused period. Different subscription periods are also associated with different levels of access to the site’s materials.
7. The website informs that it is not responsible for the advice posted by other people, including veterinarians and dieticians. Dietitians and veterinarians, when buying a subscription, declare that they belong to this group and have the appropriate knowledge and professional qualifications. The Website Owner is not responsible for the practical use of this knowledge by the Clients.
8. To create an account, data such as: name, surname, e-mail address and mobile phone number of the user are required. Your account will be activated via your email address or mobile phone number via a return link sent to that address or a code sent to your phone number.
9. When finalizing the transaction, the customer selects the option “I consent to the processing of my personal data contained in the order form by the website for the purpose and to the extent necessary to complete the order.” – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the conclusion of the contract.
10. All training materials and information contained on the website are the property of the Website and are protected by copyright. It is forbidden to distribute, process and use them outside the indicated portals without the written consent of their owner. The training materials can only be used as part of the online training system.
11. Training materials that are shared with a user as part of their account may contain hidden tags that are assigned to that account. The tags included in the training content are intended to protect the materials against their unlawful use and publication.
12. The owner of the account is responsible for securing the materials made available within the user account against their unlawful use.
13. All materials posted on the portal by users are protected by copyright and cannot be used or distributed without the written consent of their owner.
14. The purchased services available on the portal, including services related to promotions, are excluded from the possibility of withdrawal by the user. The services are automatically activated to the user after payment, which results in the performance of the service in the understanding of the law.
15. The subscription service includes access to materials in the knowledge base and tools, e.g. calculators, recipes. Other products are purchased in the store in accordance with the current price list, but discounts may be available as part of the promotion.
16. In accordance with Article 8(2) of the GDPR, the controller, taking into account the available technology, shall make reasonable efforts to verify whether the holder of parental responsibility or custody of a child (under 16 years of age) has given or approved it.
17. Requirements necessary to use the services of the Website:

• a device with Internet access,
• a web browser that supports cookies, for example:
• Internet Explorer version 8.0 or later with ActiveX, JavaScript and Cookies enabled, or
• Mozilla Firefox version 22.0 or later with Java, JavaScript, and cookies enabled, or
• Google Chrome version 28.0 or later with Java, JavaScript, and cookies enabled or
• Opera version 12.0 or later with Java, JavaScript, and cookies enabled, or
• Apple Safari 5.0 or later with Java, JavaScript, and cookies enabled;
• access to e-mail.

17. The costs related to access to the Internet and data transmission are borne only by the User in accordance with the tariff of their provider with whom the User has signed an agreement for the provision of Internet services. The Website is also subject to technical and maintenance work, both on the part of the Service Provider and on the side of, for example, the hosting provider. This may be related to a temporary lack of access to the service, but access will not be less than 99% of the time during the month.

18. The purchase of one subscription is assigned to its use by 1 person, if you want to purchase a subscription for many people, please contact the Website Owner to receive a special offer.

4 Service Agreement

1. In order to conclude a valid and binding party to the Agreement, the Client makes a choice in accordance with the displayed offer of the Website, specifying the quantity of Goods/Services that he intends to purchase and, if possible, indicating the features of the ordered Product and its specification, accordingly. Together with the selection of the Goods/Service, the Client fills in the online order form, indicating the data necessary for the execution of the order by the Website, such as, for example, quantities, place and forms of payment, based on the messages and information displayed to the Client available on the website and contained in these Terms and Conditions.
2. Registration of the Client Account on the Website is voluntary and free of charge.
3. Immediately after receiving the order, the Website sends the Client an electronic statement of acceptance of the order, which is also a confirmation of the order, to the e-mail address provided during the order. Upon receipt of the message and/or access to the content of the website by the Client, the contract is concluded.
4. The message summarizing and confirming the order contains all previously agreed terms and conditions of the contract, in particular the quantity and type of the ordered Goods/Services, its specification in the case of ordering Goods/Services with individual properties specified by the Client of the Website, the total price to be paid (specified in Polish zloty) along with the amount of discounts granted (if applicable).
5. If the Client has a larger number of discounts from several sources/promotions, they are subject to combining/summing up only if it is clearly specified in the Promotion Regulations. If there is no provision as to how to combine different promotions/discounts, you can choose only one discount (one promotion) for a given purchase.
6. By purchasing the Subscription, the Client is aware of the responsibility associated with submitting a statement on having such qualifications and belonging to this professional group, as well as the consequences of access to extended knowledge and its use (professional liability).

5 Complaint procedure

1. The Service Recipient has the right to lodge complaints regarding the Services provided by the Service Provider as part of the Website.
2. The Service Provider is the entity authorized to consider complaints.
3. Complaints should be sent to the address in paragraph 1 point 3 in writing or electronically (an e-mail message in the subject field should contain the word: “complaint”) and should include:

• the subject of the complaint and the justification of the complaint, indication and description of the necessary circumstances,
• designation of the Service Recipient (name, surname, address, e-mail address).

4. The above prerequisites are an obligatory condition for the Service Provider to consider the complaint.
5. Complaints will be considered by the Service Provider within 14 days of their receipt. The Service Provider’s decision regarding the complaint will be forwarded to the Service Recipient to the e-mail address indicated in the complaint or the address indicated in the correspondence by letter.

6 Withdrawal of mandatory instruction

1. In accordance with the provisions of law, the Client who is a Consumer, in accordance with Article 27 of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a distance agreement without giving a reason.
2. According to 38 item 13 of the Act on Consumer Rights – “for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract. ” – in such a situation, the right of withdrawal does not apply.
3. The right to withdraw from the agreement is granted within 14 calendar days from the moment of taking possession of the Goods/Services by the Client who is also a Consumer or a third party indicated by the Consumer other than the carrier.
4. When the Client who is a Consumer withdraws from the contract, the contract is considered not to have been concluded and the Consumer is then released from any obligations. What the parties provided to each other is returned unchanged, unless the change was necessary within the limits of ordinary management.
5. The Client who is a Consumer may withdraw from the agreement by submitting a statement on the online form constituting Appendix No. 1 to these Terms and Conditions, by sending it electronically or to the postal address of the Website at the Client’s choice. Appendix No. 1 is only an aid in withdrawing from the agreement, it is not a template necessary to exercise the right to withdraw from the agreement. The customer may or may not use it. For effective withdrawal, it is sufficient to send a statement in writing to the Website’s address.
6. In order to meet the deadline specified in point 2, it is sufficient to send the Client’s statement of withdrawal from the agreement before its expiry.
7. The Website shall immediately confirm to the Client the receipt of the statement of withdrawal from the agreement and shall inform the Client accordingly about further proceedings, including the method of returning the Goods/Service and will answer them in case of questions.
8. The Website shall immediately, within a period not longer than 14 calendar days from the date of receipt of the Client’s statement of withdrawal from the agreement, return to the Client all payments received from the Client, including the costs of delivery of the goods. The Website refunds the payment using the same method of payment as the one used by the Client, unless the Client has expressly agreed to another method of reimbursement that does not involve any costs for the Client.
9. The Client who is a Consumer bears only the direct costs of returning the Goods.
10. The consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
11. The Client is not entitled to the right to withdraw from the agreement in relation to the agreements specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, inter alia, in the following situations: for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who has been informed before the commencement of the service that after the performance of the service by the entrepreneur he will lose the right to withdraw from the agreement;

• in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline for withdrawal from the contract;
• in which the subject of the service is a non-prefabricated item, produced according to the Consumer’s specification or serving to meet their individual needs;
• in which the subject of the service is an item that is subject to quick deterioration or has a short shelf life;
• in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
• in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things.

12. In the case of digital content, the Client agrees to the immediate commencement of the provision of the service at the same time as placing the order and loses the right to withdraw from the Agreement.

7 Warranty

1. The Website is liable under the warranty if the defect is found before the lapse of two years from the date of handing over the Goods/Service to the Consumer. The Website is liable to the Consumer if the Consumer Goods/Service at the time of its release were inconsistent with the contract, have physical or legal defects. The Website is responsible for the non-conformity of the Consumer Goods/Services with the contract if it is found before the lapse of two years from the date of delivery of the Goods/Services to the Buyer, and in the event of replacement of the Goods/Services, this period runs anew. A physical defect consists in the non-compliance of the sold item with the contract. In particular, the sold item is inconsistent with the contract if:

• it does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
• does not have the properties of which the Seller has assured the Buyer, including by presenting a sample or a pattern;
• it is not suitable for the purpose of which the Buyer informed the Seller when concluding the contract, and the Seller did not raise any objections to its use;
• was issued to the Buyer in an incomplete state.

2. A notification of defects in the Goods/Services should be sent electronically to the Website’s e-mail address or in writing to the Website’s postal address (see §1 point 3: “Website Address”). If the consumer has difficulties and does not know how to construct a notification about defects of the Goods/Service, the notification may be sent, for example, on the form constituting Appendix No. 2 to these Terms and Conditions, which is only a facilitation for the complaint process, does not constitute any requirement to use the above-mentioned template for the effectiveness of the complaint.

3. The Website responds immediately to the Consumer’s request, but not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its acceptance by the Website and deeming it justified.

4. The Website covers the costs of removing defects or defects and replacing the Goods/Service with a new one.

8 Disclaimer

1. The Website is not responsible for the content (both verbal and graphic) made available by the Users. In the event of claims of third parties related to the infringement of copyrights, related rights or other rights vested in them, the Website will immediately address them to the Service Recipient as the entity responsible for the content, and the Service Recipient will accept these claims and in this respect release the Website from liability.
2. In accordance with the law, the Creator whose moral rights have been infringed or threatened is primarily entitled to a claim for cessation of this action, for restoration of the previous state. If the action that caused the infringement was culpable, the Author may demand compensation for the harm suffered or an appropriate sum of money for a specified social purpose.
3. By posting any content and making it available, the Service Recipient voluntarily disseminates it. The website is not a provider of content and does not identify itself with it in any way, it is only an entity that provides ICT resources. The Service Recipient declares that:

• is entitled to use and share the content of copyrights, industrial property rights or related rights posted by him/her;
• the placement and sharing of personal data, image, information concerning persons other than the Service Recipient as part of the services was done in a lawful, voluntary manner and with the consent of the owners of the content to which they relate;

4. The Service Recipient is not entitled to:

1. posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data relates;
2. posting advertising and or promotional content, inconsistent with the purpose of the Website.

5. It is forbidden for the Service Recipient to post content:

• with the intention of infringing the personal rights of third parties;
• posted in bad faith or that could be considered as such;
• infringe the rights of third parties, copyrights, related rights, industrial property rights, trade secrets or those subject to confidentiality, especially those defined as secret or top secret;
• posting offensive content or threatening content directed at other people, statements commonly considered offensive, e.g. profanity;
• violate the legitimate interests of the Website;
• sending or placing unsolicited commercial information (spam) on the Website;
• violate good morals in any other way – for example, eroticism, provisions of applicable law, social or moral norms.
• to propagate Nazi, fascist and related views.

6. In the event of receipt of a notification by a third party, an authorized person or a state authority, the Website reserves the right to modify or remove the content posted by the Service Recipient if it is found that it may constitute a violation of these Terms and Conditions or applicable law. The website does not control the content posted on an ongoing basis.

7. The Service Provider will make every effort to ensure the proper operation of the Websites and its availability around the clock, however, it is not responsible for any damage resulting from the improper functioning of the Websites for technical reasons.

8. The website is also not responsible for any damage to devices that use the website, device restart or loss of data on the device.

9. The Service Provider does not provide archiving services of files, data or information provided by the Service Recipient.

10. In the event of a breach of the Terms and Conditions by the Service Recipient, the Service Provider may suspend the provision of services or terminate the agreement with the Client with immediate effect by disabling/deleting active services. In this situation, the Service User is not entitled to a refund of any of the fees incurred for the Service Provider.

11. The Service Provider does not provide the Service Recipient with any warranty, express or implied, as to the effects and suitability of the commercial offer for specific applications and the quality and economic results of the offer.

12. The Service Provider shall not be liable for the actions or omissions of the Service Recipients, or for improper performance or non-performance of contracts concluded by them with the Clients, in particular it shall not be liable for the quality, safety, legality, truthfulness and reliability of the information provided by the Service Recipients. The Service Provider is not responsible for the Visitors’ failure to conclude an agreement with the Service Recipients, in particular those related to the reservations, inquiries or concluded contracts.

13. The Service Provider reserves the right to:

• changes in the parameters and functionality of Service Recipients’ Accounts;
• the functional features and capabilities of the Website, in particular the scope and type of Services and its functionalities;
• periodically shut down the Website, related in particular to its modification, maintenance and repair;
• remove all content of the Websites servers for important reasons or completely cease to provide the Services, after prior notification to the Users on the Website;
• cease to provide Services within the Website in relation to the Service Recipient
  who violates the provisions of the Terms and Conditions.

9 Out-of-court methods of handling complaints and pursuing claims

1. Information on out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
2. The Service Recipient has, among others, the following options to use out-of-court methods of handling complaints and pursuing their claims:

• applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings to settle the dispute amicably.
• applying to the permanent Consumer Arbitration Court operating at the Provincial Inspector of Trade Inspection with a request to settle the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
• applying for free legal assistance, m.in. to the Consumer Federation – website address: www.federacjakonsumentow.org.pl.

3. The European Consumer Centres Network assists in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.

4. The Service User may also use the Online Dispute Resolution Platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded online contract for services: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

5. The use of out-of-court methods of handling complaints and pursuing claims is voluntary and may take place only if both parties to the dispute, i.e. the Website and the Service Recipient, agree to it.

10 Provisions concerning entrepreneurs

1. The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers.
2. In the case of customers who are recipients of services and are not consumers at the same time, the service provider may terminate the agreement for the provision of Electronic Services with immediate effect, even without indicating the reasons, provided that the customer has sent an appropriate statement.
3. The website informs that in accordance with Article 558 § 1 of the Civil Code, liability under the warranty for a product/service towards a customer who is not a consumer is excluded.
4. The liability of the Website is limited within a single claim, as well as for all claims in total, up to PLN 100 net. The website is only liable for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits.
5. Any disputes between the Website and the Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Website.

11 Payment Methods

1. Payment, transfer to the bank account number indicated on the Website.
2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online bank transfer via an online payment service
3. The Website documents the sale of the Goods/Services in accordance with the Client’s request or with a receipt or VAT invoice. Proof of purchase in the form of a receipt or VAT invoice is delivered to the Client together with the ordered Goods. The Website has the option of issuing a VAT invoice for all Goods/Services ordered on the Website.
4. The customer makes a one-time payment or a fee for a specific subscription period. In the case of a subscription, the Customer may withdraw from the continuation of the agreement and cancel the subscription at any time. Then he will be able to use the service until the end of the period he has paid. If you do not resign, your subscription is extended for subsequent periods in accordance with the original order in cycles selected by you. If it is not possible to collect payments for subsequent periods due to lack of funds on the account, the possibility of using the services will be suspended.

12 Final Provisions

1. The Website honours all rights of Users provided for in the provisions of applicable law.
2. If the applicable law grants Clients who are consumers more advantageous mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly replaced by specific norms of the applicable law and thus are binding on the above-mentioned owner.
3. All content posted on the Website (including graphics, texts, page layout and logos) is protected by copyright and is the exclusive property of the Website. The use of this content without the written consent of the Website results in civil and criminal liability.
4. We declare that we have acquired all rights to all content posted on this Website and posted on each portal and each page or subpage attached to the Website. We are the owners of all content, content and materials posted on them, in particular:
5. The right to use and dispose of it, to the fullest extent permitted by law, and we have acquired all rights to the works of our subcontractors and subcontractors, in all fields of exploitation.
6. The rights to exercise derivative copyrights, to derivative works and to exclusively authorize the exercise of derivative copyright, including the use and disposal of the works, have been transferred to us. Subcontractors and downstream subcontractors further stated that they had

• we have the right to the work with exclusive and unlimited copyright (personal and economic);
• we can dispose of copyrights to the work to the extent necessary to conclude and perform a previously concluded contract;
• our economic copyrights to the work and have not been seized within the meaning of the provisions on enforcement proceedings;
• the songs were performed by them personally;
• the works are not an elaboration, alteration or adaptation of someone else’s work;
• We can use this work without fear of possible claims from third parties.

5. Infringement of our copyrights will be severely punished.
6. The Website Owner, as the administrator of personal data, informs you that:

• providing data is always voluntary, but necessary to complete the order;
• A person providing their personal data has an unlimited right to access all content of their data and rectify them, delete them (the right to be forgotten), limit processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, however, the data may be made available to the competent state authorities if the relevant provision requires it.
• The basis for the processing of personal data will be Article 6(1)(a) and the content of the General Data Protection Regulation;
• Personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but no longer than for a period of 3 years (2 years is the period of complaint and 1 year for any other claims and exceptional situation)
• a person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office if they consider that the processing of personal data concerning the performance of the order violates the provisions of the General Data Protection Regulation of 27 April 2016;”

7. With regard to the processing of personal data of this website, the European Commission has not established an adequate level of protection by way of a decision, but the data will be adequately secured by means of IT/legal solutions and measures.
8. Your data will be processed in an automated manner, including in the form of profiling – in the event of consent.
9. In other matters not regulated by the provisions of these Terms and Conditions, the relevant provisions of Polish law shall apply.
10. The amended Terms and Conditions are binding on the Users if the requirements set out in Article 384 of the Civil Code have been met (i.e. the User has been properly notified of the changes).
11. The Website reserves the right to amend the Terms and Conditions for important reasons, i.e.:
12. changes in the law;
13. changes in the method of providing services by electronic means covered by the Terms and Conditions,
14. changes in the Website’s data, including e-mail address and telephone number.
15. Changes to the Terms and Conditions do not affect the Services already provided or completed, the Terms and Conditions in force at the time of joining the Website Services apply to them. The website informs about the intended change on the website at least 30 days in advance. In the event of non-acceptance of the amended Terms and Conditions, the Service Recipients may terminate the agreement with immediate effect within 30 days from the date of receipt of the message.
16. Disputes arising as a result of the provision of services under these Terms and Conditions shall be submitted for resolution to the Common Court at the discretion of the Service Recipient who is also a consumer, in accordance with the relevant provisions of Polish law.
17. Appendices to the Terms and Conditions constitute an integral part thereof.
18. The Service Recipients of the above-mentioned Website may access these Terms and Conditions at any time via the link on the main page of the Website, as well as download it and print it, however, commercial use is protected by LEGATO Law Firm.
19. The Terms and Conditions come into force on February 20, 2023.