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Terms and conditions of the Wojtków szkolenia Online Shop

§ 1

Postanowienia wstępne

  1. The Wojtków szkolenia Online Shop, available at wojtkowszkolenia.pl, is maintained by Piotr Wojtków and Zofia Zaniewska-Wojtków conducting business activity under the name Wojtków szkolenia s.c. , registered in the CEIDG maintained by the minister competent for the economy, NIP 7010993868, REGON 386762883.
  2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Online Shop and specify the principles of using the Online Shop and the principles and mode of entering into distance sales contracts with the Customer through the Shop.

§ 2

Definitions

  1. Consumer – a natural person, entering into a contract with the Seller within the Shop, the subject of which is not directly connected with his/her business or professional activity.
  2. Seller – natural persons conducting business activity under the name of Wojtków szkolenia Piotr Wojtków, Zofia Zaniewska-Wojtków spółka cywilna [civil law partnership], registered in the CEIDG [Central Records and Information on Economic Activity] maintained by the minister competent for the economy, NIP 7010993868, REGON 386762883.
  3. Customer – any entity making purchases through the Shop.
  4. Entrepreneur – a natural person, a legal person and an organisational unit without legal personality with legal capacities granted by separate laws, conducting business activity on its own behalf, who/which makes use of the Shop.
  5. Online Shop maintained by the Seller at wojtkowszkolenia.pl, through which the customer may purchase online courses made available in the shop and physical products such as dog toys.
  6. Online Course – access to an online course or webinar to which the Buyer will be directed upon purchase and crediting the payment to the Shop’s account.
  7. Platform – access service to the Online Course and other digital resources available upon the purchase of the Subscription.
  8. Local Course – course that takes place in a designated location, on a specified date and is carried out in accordance with the programme specified in the offer on the  wojtkowszkolenia.pl website.
  9. Subscription – payment for using the Online Course for a specific period of time.
  10. Product – a physical item/service available in the Shop, which is the subject of a Sales Contract between the Customer and the Seller.
  11. Physical product – an item available in the shop that is a dog toy or other physical item for pets.
  1. Distance Contract – a contract concluded with the Customer within the organised distance contracting system (at the Online Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the contract is concluded.
  2. Terms and Conditions – these Terms and Conditions of the Online Shop.
  3. Order – Customer’s declaration of intent submitted via the Order Form with a direct intention to conclude a Sales Contract of a Product or Products with the Seller.
  4. Account – Customer’s account with the Shop, contains data provided by the Customer and information on the Orders placed by him/her in the Shop.
  5. Registration Form – a form available in the Shop, enabling the creation of an Account.
  6. Order Form – an interactive form available in the Shop which allows for placing an Order, particularly through the addition of Products to the Shopping Cart and specifying terms of the Sales Contract, including delivery and payment methods.
  7. Shopping Cart – an element of the Shop’s software in which the Products selected for purchase by the Customer can be seen, also providing the possibility of entering and modifying the Order information data, in particular the number of products.
  8. Sales Contract – a contract for the sale of a Product concluded between the Customer and the Seller via the Online Shop. The Sales Contract shall also be understood to mean – in accordance with the characteristics of the Product – a contract for performing services and a contract for a specified task.

§ 3

Kontakt ze Sklepem

  1. Seller’s address Wojtków szkolenia s.c.,  Lindeya 16, 02-013 Warsaw.
  2. Seller’s E-mail address: biuro@wojtkowszkolenia.pl.
  3. Seller’s telephone number: 733 796 556
  4. Seller’s bank account: 44 1140 2004 0000 3102 8035 5421.
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  6. The Customer can communicate with the Seller by telephone between 10 am and 4 pm on weekdays.

§ 4

Technical requirements

In order to use the Shop, including browsing through the Shop’s offer and placing orders for the Products, it is necessary to:

  1. possess a terminal device with Internet access and a web browser such as Google Chrome, Mozilla Firefox, Safari, Internet Explorer,
  2. possess an active e-mail account,
  3. have cookie settings enabled,
  4. have FlashPlayer installed.

§ 5

General provisions

  1. To the fullest extent permitted by law, the Seller is not liable for any disturbances, including breaks in the operation of the Shop caused by Force Majeure, unauthorised actions of third parties or incompatibility of the Online Shop with the Customer’s technical infrastructure.
  2. Browsing the Shop’s offer does not require creating an Account. The Customer may order Products offered by the Shop upon either creating the Account in accordance with § 6 of these Terms and Conditions or providing necessary personal data and address to enable the processing of the Order without opening the Account.
  3.  The prices in the Shop are given gross in Polish zloty (including VAT).
  4. The final amount payable by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees). The Customer is informed about the final amount while placing the Order on the Shop’s website or expressing his or her will to enter into the Sales Contract.
  5. In the case of a Contract regarding subscription or services of indefinite duration, the final price shall be the total price, including all payments for the settlement period.
  6. If the nature of the subject matter of the Contract does not allow for the reasonable calculation of the final price in advance, the information about the price calculation method as well as transport, delivery, postal service, and other costs shall be provided by the Shop in the Product description.

§ 6

Creating an Account with the Shop

  1. In order to create an Account with the Shop,  one must fill in the Registration Form. It is necessary to provide the following data:

a. name, surname,

b. indication of the address or registered office for VAT invoicing along with other billing information,

c. the e-mail address to which access to the online Course will be granted or information about the residential Course will be sent,

d. providing the delivery address for orders of the Physical Products,

e.  provide information about the dog such as its breed age, problems or expected behavioural changes in the case of a Local Course involving the dog,

f.  provide information regarding one’s professional experience in the case of Local Courses involving vocational training.

  1. Creating an Account with the Shop is free of charge.
  2. To log into the Account, one needs to enter the login and password established in the Registration Form.
  3. The Customer may at any time, without giving reasons and without incurring any fees on this account, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.

§ 7

Rules for placing an Order

To place an Order, it is required to:

  1. log into the Shop (optional);
  2. select the Product being the subject of the Order and then click on the “Add to Shopping Cart” button (or its equivalent);
  3. log in or use the option to place an Order without registration;
  4. if the option to place an Order without registration has been chose – one needs to fill in the Order Form by entering the data of the Order’s recipient and the address to which the Product is to be delivered, select the type of shipment (Product delivery method), enter the data for the invoice in case it is different from the data of the Order recipient,
  5. click the “Order and pay” button and confirm one’s order by clicking on the link sent in the e-mail,
  6. choose one of the available payment methods and, depending on the chosen method, pay for the order within a specified time, subject to § 8 point 3.

§ 8

Available payment and delivery options

  1. The Customer may use the following methods of delivery or collection of the ordered Product (applies to physical products):
  2. Courier delivery,
  3. The customer may use the following payment methods:
  1. Payment by bank transfer to the Seller’s account
  2. Payment by credit card.
  3. In the case of purchasing Online Courses and Local Courses, access to the courses and the necessary information will be sent via e-mail.
  4. Detailed information on delivery methods and acceptable payment methods can be found on the Shop’s website.

§ 9

Performance of the sales contract

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  1. The conclusion of the Sales Contract between the Customer and the Seller takes place after prior placement of the Order by the Customer using the Order Form in the Online Store according to § 7 of these Terms and Conditions.
  2. Upon the submission of the Order, the Seller shall immediately confirm the receipt of the Order and accept the Order. To confirm that the Order has been received and accepted, the Seller sends a relevant e-mail message to the Customer to the Customer’s e-mail address provided in the ordering procedure, including at least the Seller’s statement of the Order’s receipt and acceptance, and the confirmation of the Sales Contract.  The moment the Customer receives the above e-mail message, the Sales Contract is deemed to have been concluded between the Customer and Seller.
  3. If the Customer chooses:
    •  payment by transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 2 working days from the conclusion of the Sales Contract – otherwise, the order will be cancelled.

4. The Seller shall process the orders placed for Online Courses:

a.  In the case of online payment, access to the purchased Course is granted automatically after the payment has been credited,

b. these deadlines do not apply to Courses sold in advance or carried out according to the schedule described in the offer available at wojtkowszkolenia.pl or psiedszkole.pl.

5.  The Seller shall process the placed order for a Local Course according to the schedule provided at wojtkowszkolenia.pl or psiedszkole.pl at a designated location.

6. The Physical Product shall be dispatched by the Seller within the period indicated in its description (subject to section 5 of this paragraph), according to the method selected by the Customer when placing the Order.

7.  In the case of ordering Physical Products with different delivery dates, the delivery date shall be the longest date given.

8.The start of the period for delivery of the Physical Product to the Customer is calculated as follows:

a. If the Customer chooses to pay by bank transfer, electronic payment or payment by card – the above-mentioned period starts from the date of crediting the payment to the Seller’s bank account.

9. The start of the period for readiness for pick-up of the Physical Product by the Customer is calculated as follows:

a. If the Customer chooses to pay by bank transfer, electronic payment or payment by card – the above-mentioned period starts from the date of crediting the payment to the Seller’s bank account.

11. The delivery of the Physical Product shall take place only on the territory of the Republic of Poland.

12. The delivery of the Physical Product to the Customer is payable unless the Sales Contract states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Shop’s website under ‘Delivery Costs’ during the placement of the Order, including the moment of expressing the Customer’s will to be bound by the Sales Contract.

§ 10

Right of withdrawal

  1. The Consumer may withdraw from the Sales Contract within 14 days without reason.
  2. The right of withdrawal shall not apply if the Client logs into the Online Course Platform within 14 days from the purchase of the Online Course or decides to withdraw 10 days before the start date of the Local Course specified in the offer.
  3. The right of withdrawal shall not apply if the Client decides within 14 days after the purchase of the Course to cancel 10 days before the start date of the Local Course specified in the offer. This is due to the limited number of places for Local Courses.
  4. In the case of Physical Products, the period specified in section 1 shall start upon the delivery of the Physical Product to the Consumer or to a person designated by the Consumer other than the carrier.
  1. 1 In the case of Local Courses, the period specified in section 1 shall start when the information for the Course is sent via e-mail.
  2. 1In the case of Online Courses, the period specified in section 1 shall start upon the receipt of an e-mail containing the information required to log in to the Course.
  1. The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract via e-mail sent to biuro@wojtkowszkolenia.pl. Sending the statement by the Consumer before the expiry of the period is sufficient to meet the withdrawal deadline.
  2. If the statement is sent by the Consumer electronically, the Seller shall immediately send to the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Contract.
  3. Effects of withdrawal from the Contract:
    1.  In the case of withdrawal from a Distance Contract, the Contract shall be deemed not to have been concluded.
  4. In the case the Consumer withdraws from the contract, the Seller shall immediately, no later than within 14 days upon the receipt of the Consumer’s statement of withdrawal, refund all payments made by the Consumer including the costs of delivery of the items, with the exception of additional costs arising from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
  5. The refund shall be made by the Seller using the same payment methods as those used by the Consumer in the original payment unless the Consumer has explicitly agreed to a different solution that does not incur any costs for him or her.
  6. In the case of Physical Products, the Seller shall refund the payment when the Product has been returned to him or her or until he or she is provided with proof of return, whichever occurs first.
  7. In the case of Physical Products, the Consumer should return the Physical Product to the address: Pszczyna Dolna 1 ,67-400 Wschowa no later than 14 days from the day on which he or she informed the Seller about withdrawing from the Contract. The time limit is deemed to have been met if the Consumer returns the Product before the period of 14 days has expired.
  8. In the case of Physical Products, the Consumer shall pay the direct costs of returning the Physical Product, as well as the return costs of the Product, which, given its character, could not be returned in an ordinary manner by post.

§ 11

Complaint and warranty

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  1. The Sales Contract covers newly offered Physical Products, Online Courses, and Local Courses.
  2. In the case of Physical Products, the Seller is obliged to provide them to the Customer without defects.
  3. If the Product bought from the Seller has a defect, the Customer is entitled to statutory defect warranty set out by the Polish Civil Code.
  4. A complaint must be submitted via e-mail to the Seller’s address given herein.
  5. It is recommended the complaint should include: a brief description of the defect, circumstances (including the date) of the occurrence of the defect, personal data of the complaining Customer, and the Customer’s request in relation to the defect.
  6. The Seller shall respond to the complaint immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, the Customer’s request is considered justified.
  7. The Physical Products returned under the complaint procedure should be sent to Pszczyna Dolna 1 ,67-400 Wschowa.

§ 12

Out-of-court methods for reviewing complaints or enforcing claims

  1. Detailed information about out-of-court methods for reviewing complaints or enforcing claims, and the rules of access to these procedures, are available from the offices and websites of district (city) consumer advocates [powiatowy (miejski) rzecznik konsumentów], civil society organisations whose statutory objectives include the protection of consumers, Voivodeship Inspectorates of the Trade Inspection, and from the following website addresses of the Office of Competition and Consumer Protection:   
  2. The examples of out-of-court methods for reviewing complaints or enforcing claims that can be used by the Consumer are presented below.
    a. The Consumer shall be entitled to file a motion to a permanent arbitration court for consumer matters referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Contract concluded with the Seller.
    b. The Consumer shall be entitled to file a motion to the Voivodeship Inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
    c. A Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using the free assistance of a district (city) consumer advocates or a social organisation whose statutory objectives include the protection of consumers (e.g. The Polish Federation of Consumers, the Polish Consumer Association).

§ 13

Personal data in the Online Shop

  1. The Controller of the Customers’ personal data collected via the Internet Shop is the Seller.
  2. The Customers’ personal data collected by the Controller via the Online Shop are gathered for the purpose of performing a Sales Contract and upon the Customer’s consent – also for marketing purposes.
  3. The recipients of personal data of the Customers of the Online Shop may be:
    a. In the case of a Customer who chooses postal or courier delivery method in the Online Shop, the Controller shall make the collected personal data of the Customer available to the chosen carrier or an intermediary service provider performing the delivery on behalf of the Controller.
    b.  If the Customer uses electronic or card payment method in the Online Shop, the Controller shall make available the collected personal data of the Customer to the chosen entity handling the aforementioned payments in the Online Shop.

4. The Customer has the right to access and correct their data.

5.  Providing personal data is voluntary.  However, if the personal data set out herein are not provided, the Sales Contract cannot be concluded.

§ 14

Final provisions

1. Contracts concluded through the Online Shop are concluded in the Polish language.

2. The Seller reserves the right to amend these Terms and Conditions for important reasons, such as: changes in legal regulations, terms of payment and delivery, to the extent such changes influence the provisions of these Terms and Conditions.  The Seller shall inform the Customer about each change at least 7 days in advance.

3. All matters not provided for herein are governed by commonly applicable legal regulations, including in particular: The Polish Civil Code, the Act on Provision of Electronic Services, the Act on Consumer Rights, the Act on Personal Data Protection.

4. The customer has the right to use out-of-court methods for reviewing complaints or enforcing claims. For this purpose, he may submit a complaint via the EU ODR internet platform available at ttp://ec.europa.eu/consumers/odr/.