Terms and Conditions of the Online Store olakalagreece.pl

 

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS OF CONCLUDING A SALES CONTRACT
  4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
  5. DELIVERY OF DIGITAL PRODUCT
  6. REVIEWS OF DIGITAL PRODUCTS
  7. COMPLAINTS REGARDING THE DIGITAL PRODUCT
  8. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
  9. RIGHT OF WITHDRAWAL FROM THE CONTRACT
  10. RIGHT TO USE THE SELLER’S WORKS (LICENCE)
  11. PROVISIONS FOR BUSINESS CUSTOMERS
  12. FINAL PROVISIONS
  13. MODEL WITHDRAWAL FORM

 

  1. GENERAL PROVISIONS

1.1. The Online Store available at www.olakalagreece.pl is operated by Aleksandra Przybycień (unregistered business activity), service address and place of business: ul. Słonimskiego 16/4a, 50-304 Wrocław, Poland, email: olakalagreece@gmail.com (hereinafter: the “Seller”).

1.2. These Terms and Conditions are addressed to both Consumers and Business Customers using the Online Store, unless a given provision states otherwise.

1.3. The controller of personal data processed in the Online Store is the Seller. Detailed information on the purposes, legal bases and duration of data processing, as well as on the rights of data subjects, is provided in the Privacy Policy published on the Online Store’s website.

1.4. Definitions:

BUSINESS DAY – one day from Monday to Friday excluding public holidays.

ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Digital Products to an electronic cart and specifying the terms of the Sales Contract, including the payment method.

CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller.

CIVIL CODE – the Act of 23 April 1964 – the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).

NEWSLETTER – an Electronic Service provided by the Service Provider consisting in sending periodic information to the Service Recipient’s email address, in particular about Digital Products, new items and promotions in the Online Store.

COPYRIGHT LAW – the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended).

DIGITAL PRODUCT – digital content available in the Online Store, in particular an e-book (travel guide), delivered to the Customer in electronic form (downloadable file or access to download) and intended to be read on an appropriate electronic device, which is the subject of the Sales Contract between the Customer and the Seller.

DIGITAL CONTENT – data produced and supplied in digital form, in particular an electronic file (e.g., an e-book in PDF format), not stored on a tangible medium.

TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.

ONLINE STORE – the Service Provider’s online store available at www.olakalagreece.pl.

SELLER, SERVICE PROVIDER – Aleksandra Przybycień.

SALES CONTRACT – a contract for the supply of Digital Content (a Digital Product) concluded or to be concluded between the Customer and the Seller via the Online Store.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.

CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended).

ORDER – a declaration of will of the Customer submitted via the Order Form and aimed directly at concluding a Sales Contract for a Digital Product with the Seller.

  1. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: the Order Form and the Newsletter.

  • Order Form – enables placing an Order for Digital Products. Use of the Form begins when the Customer adds a Digital Product to the cart. Until the Order is confirmed, the Customer may correct the entered data. To place an Order, it is necessary to provide data enabling its fulfilment, in particular an email address.
  • The Order Form is provided free of charge, is one-off in nature, and ends upon placing the Order or earlier termination of the ordering process.
  • Newsletter – enables receiving information about the Store and Digital Products. Subscription occurs after providing a first name and email address and confirming the subscription, or by ticking the relevant checkbox when placing an Order.
  • The Newsletter is provided free of charge for an indefinite period. The Service Recipient may resign from the Newsletter at any time, in particular by sending a message to: olakalagreece@gmail.com.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in the current version: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and JavaScript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in compliance with the law and good manners. The Service Recipient should respect personal rights as well as the copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the facts and may not supply unlawful content.

2.4. The Service Provider complies with Article 14(1) of the Act of 18 July 2002 on Providing Electronic Services (Journal of Laws 2002 No. 144, item 1204 as amended), under which it is not liable for stored data provided by the Service Recipient if it has no knowledge of the unlawful nature of the data or related activity, and upon receiving an official notice or obtaining credible information about the unlawful nature of the data or related activity, it will promptly prevent access to such data.

2.5. Complaint procedure regarding Electronic Services:

  • Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Digital Product complaint procedure indicated in Section 7 of these Terms and Conditions) may be submitted electronically by email to: olakalagreece@gmail.com.
  • For quicker handling of complaints, it is recommended to provide: a description of the problem (including the date of occurrence), the expected method of resolution, and contact details.
  • The Service Provider will respond to the complaint without undue delay, no later than within 14 calendar days from the date of submission.
  1. TERMS OF CONCLUDING A SALES CONTRACT

3.1. The Sales Contract between the Customer and the Seller is concluded after the Customer places an Order via the Order Form in the Online Store in accordance with Section 2.1 of these Terms and Conditions.

3.2. The price of the Digital Product stated in the Online Store is expressed in Polish zloty (PLN) and includes taxes. The Store sells only Digital Products delivered electronically.

3.3. How to place an Order and conclude a Sales Contract:

  • After placing an Order, the Seller confirms its receipt and acceptance for processing by sending an email message to the address provided by the Customer. This message confirms the conclusion of the Sales Contract.

3.4. Recording, securing and making available to the Customer the content of the concluded Sales Contract takes place by (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Customer the email referred to in Section 3.3. The content of the Sales Contract is additionally recorded and secured in the Seller’s Online Store IT system.

  1. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

4.1. Payments for Digital Products are processed electronically via Stripe. When placing an Order, the Customer chooses an available payment method (e.g., payment card, BLIK, Apple Pay, Google Pay – if available).

Available payment methods are displayed each time in the Stripe payment form when placing an Order.

Payment data are processed directly by Stripe in accordance with Stripe’s rules. The Seller does not have access to, and does not store, the Customer’s full payment card details. Stripe applies payment card industry security standards (PCI DSS) and encryption of data transmission.

  1. DELIVERY OF THE DIGITAL PRODUCT

5.1. The Digital Product is delivered exclusively electronically. The Seller does not charge any “delivery” costs for electronic delivery.

5.2. After the Order has been paid, the Seller makes the Digital Product available to the Customer by sending an email message to the address provided in the Order (e.g., with an attachment or a download link).

5.3. If the Digital Product is provided via a download link, the Seller ensures that the link works for 14 calendar days from the date it is made available. The Seller recommends downloading and saving the file within this time.

5.4. The delivery time for the Digital Product is up to 24 hours from the moment the payment is credited, unless the Product description indicates a shorter time. In many cases, delivery is automatic and takes place immediately after payment.

5.5. Information about the file format (e.g., PDF) and any technical requirements is provided in the description of the relevant Digital Product. To use the Digital Product, the Customer needs a device and software enabling reading the file in the given format.

5.6. If the email with the Digital Product does not reach the Customer or there are problems with downloading, the Customer should contact the Seller. After verifying the Order, the Seller will make the Digital Product available again.

5.7. The Digital Product (e-book) is generally provided as a static file. The Seller is not obliged to provide updates, upgrades or new versions of the Digital Product unless such obligation results from mandatory provisions of law or is expressly stated in the description of the Digital Product. If the Seller makes an updated version available, it may be provided to the Customer in the same manner as the original delivery (e.g., by email or by a download link).

  1. REVIEWS OF DIGITAL PRODUCTS

6.1. The Seller enables Customers to provide ratings and reviews of Digital Products available in the Online Store.

6.2. By publishing a review, the Customer must comply with the following rules:

  1. the review should concern features, quality or the manner of using the given Digital Product (without assessing prices and the Online Store’s service);
  2. the review should be written in English.
  3. neutral language must be used – without vulgarities or offensive content;
  4. the review should be reliable and consistent with reality and may not infringe third-party rights (in particular intellectual property, privacy or image rights);
  5. reviews may concern only Digital Products available in the Online Store; content referring to websites, digital products or competing services (including links) may not be published;
  6. the review must not include personal data or encourage others to provide it (e.g., phone numbers, email addresses, address details);
  7. the review may not be of an advertising nature.

6.3. The Customer publishes reviews in their own name and solely at their own responsibility.

6.4. The Customer may add photos or videos to a review (e.g., screenshots), subject to the following rules:

  1. uploaded files will contain photos and/or videos (e.g., screenshots) relating to the Digital Products reviewed;
  2. the Customer must hold copyright or other required permissions to publish the material;
  3. uploaded files may not include content involving violence, adult content, vulgar or offensive language, or any other content that offends a person or group due to race or ethnic origin, religion, disability, sex, age, as well as sexual orientation or political views;
  4. uploaded files may not include personal data or the image of third parties;
  5. uploaded files may not include website addresses or watermarks of other websites and brands;
  6. files should be submitted in one of the following formats: png, jpg, jpeg, gif, bmp, mp4, avi, mkv.

6.5. Any Customer may report a review as inappropriate and request its removal. The Seller verifies the report for compliance with these Terms and Conditions and the law and, if necessary, takes actions to limit access to the content.

  1. COMPLAINTS REGARDING THE DIGITAL PRODUCT

7.1. The Seller is liable to a Customer who is a Consumer for the conformity of the Digital Product with the Sales Contract under the rules resulting from applicable law, in particular the Consumer Rights Act.

7.2. The Seller is obliged to deliver to the Customer a Digital Product that conforms to the Sales Contract.

7.3. A complaint may be submitted by the Customer:

in electronic form, by sending a message to: olakalagreece@gmail.com.

7.4. It is recommended that the Customer include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of finding the non-conformity of the Digital Product with the Sales Contract; (2) the Customer’s request, in particular a request to bring the Digital Product into conformity with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract – if applicable; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the handling of the complaint by the Seller. The above requirements are only recommendations and do not affect the effectiveness of complaints submitted without the recommended information.

7.5. The Seller will respond to the complaint without undue delay, no later than within 14 calendar days of its receipt. No response within this period means the complaint is deemed accepted. The response is provided by email.

7.6. In the event of a complaint regarding a Digital Product, the Customer is not obliged to return any tangible medium. For the purpose of handling the complaint, the Seller may request the Customer to provide information necessary to identify the Order and describe the issue (e.g., download error, incorrect file).

7.7. The provisions of this Section 7 regarding Consumer rights due to non-conformity of digital content with the contract also apply to a natural person concluding a contract directly related to their business activity, where it follows from the content of the contract that it is not of a professional nature for that person (a business customer with consumer rights). With regard to a Customer who is not a Consumer (nor a business customer with consumer rights), the Seller’s liability may be limited or excluded within the limits of generally applicable law and on the terms set out in Section 11 of these Terms and Conditions.

  1. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

8.1. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court complaint handling and redress procedures and the rules of access to these procedures is available on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

8.2. There is also a contact point at the President of UOKiK (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or postal address: pl. Powstańców Warszawy 1, 00-030 Warszawa), whose task includes providing assistance to Consumers in matters relating to out-of-court settlement of consumer disputes.

8.3. A Consumer has the following exemplary possibilities of using out-of-court complaint handling and redress procedures: (1) an application to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the regional inspector of the Trade Inspection; and (3) assistance from a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Polish Consumers Association). Up-to-date information about competent institutions and the manner of submitting applications is available, inter alia, on the website of UOKiK.

8.4. The website http://ec.europa.eu/consumers/odr provides access to an online dispute resolution platform between Consumers and Businesses at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a single point of entry for Consumers and Businesses seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract or a service contract.

  1. RIGHT OF WITHDRAWAL FROM THE CONTRACT

9.1. The right to withdraw from a distance contract does not apply to the Consumer, inter alia, in relation to a Sales Contract the subject of which is:

  1. a Product supplied as Digital Content not stored on a tangible medium, if the performance has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer has been informed by the Seller about the loss of the right of withdrawal;

9.2. Subject to Section 9.1, the Consumer may withdraw from a distance contract within 14 calendar days without stating reasons. In the case of Sales Contracts concerning Digital Content (Digital Products), the right of withdrawal generally does not apply if the performance has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer has been informed about the loss of this right (Section 9.1). Where, in a given case, the right of withdrawal applies, it is sufficient to send the statement before the deadline. The statement may be submitted, for example:

  • in electronic form, by sending a message to: olakalagreece@gmail.com.

9.3. An exemplary model withdrawal form constitutes Annex No. 2 to the Consumer Rights Act and is also available in Section 13 of these Terms and Conditions. Use of the model is not mandatory.

9.4. The withdrawal period begins on the date of conclusion of the Sales Contract.

9.5. In the event of withdrawal from a distance contract, the contract is deemed not concluded.

9.6. The Seller shall refund to the Consumer all payments made by the Consumer without undue delay, no later than within 14 calendar days from the date of receipt of the Consumer’s statement of withdrawal. The Seller shall make the refund using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to a different refund method that does not involve any costs for the Consumer.

9.7. In the event of an effective withdrawal from a contract concerning a Digital Product, the Customer is not obliged to return the Digital Product on a tangible medium.

9.8. Sections 9.2–9.7 apply only where the Consumer is entitled to withdraw from the contract. In particular, with respect to Digital Content (Digital Products), the right of withdrawal may be excluded on the terms described in Section 9.1.

9.9. For Digital Products delivered electronically, the Seller generally does not charge delivery costs, and the Consumer does not incur costs of returning the Digital Product (no return on a tangible medium). However, if the Consumer requested an additional service not directly related to delivering the Digital Product (e.g., printout, tangible medium), the costs of that service may not be refundable – according to the information provided when placing the Order.

9.10. The provisions regarding the Consumer in this Section 9 apply from 1 January 2024 and, for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of their business activity disclosed under the provisions on the Central Registration and Information on Business (CEIDG).

  1. RIGHT TO USE THE SELLER’S WORKS (LICENCE)

10.1. This Section 10 applies to Digital Products constituting a work within the meaning of the Copyright Law (in particular, digital content sold in the Online Store) and therefore protected by copyright, and to which the economic copyrights belong to the Seller or to third parties from whom the Seller has obtained the legally required permissions for further distribution of such Digital Products.

10.2. The following provisions are intended to define the rules for granting the Customer a licence by the Seller for Digital Products protected by copyright, to the extent necessary for the Customer to use the Digital Product.

10.3. The Customer may use a Digital Product protected by copyright exclusively for non-commercial purposes, for the Customer’s own personal use, within the scope defined by these Terms and Conditions and the provisions of the Copyright Law.

10.4. Subject to exceptions provided for by generally applicable law, including in particular the Copyright Law and permitted use regulations, the Customer is not entitled to make the Digital Product available to third parties or to use it for commercial purposes.

10.5. Upon payment, the Customer is granted a non-exclusive, non-transferable, non-assignable licence, without the right to sub-license (including without the right to authorise other persons to use the Digital Product within the scope of the granted licence), to use the Digital Product, covering the right to use the economic copyrights, without territorial and time limitations, in the following fields of exploitation: (1) multiple downloads of the Digital Product and saving it digitally in a computer memory; (2) permanent or temporary display, playback or storage of the Digital Product digitally; (3) permanent or temporary reproduction of the Digital Product in whole or in part by any technique, in particular digitally, printing and reprographic, including making a printout solely for the Customer’s own use. A printout (in whole or in part) may be used only for the Customer’s own use and may not be distributed or made available to third parties. Any rights other than those expressly granted to the Customer above are reserved by the Seller. In particular, the Customer is not entitled to: (1) distribute the Digital Product, including renting the Digital Product or its copies; (2) sub-license the Digital Product (including authorising other persons to use the Digital Product); and (3) place the Digital Product on the market, including lending or leasing.

  1. PROVISIONS FOR BUSINESS CUSTOMERS

11.1. This Section 11 and all provisions contained herein are addressed to and thus binding only upon a Customer or Service Recipient who is not a Consumer and, from 1 January 2024 and for contracts concluded from that date, also not a natural person concluding a contract directly related to their business activity, where 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 their business activity disclosed under the provisions on CEIDG.

11.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal in this case may occur without stating reasons and does not give rise to any claims against the Seller on the part of the Customer.

11.3. The Seller has the right to limit available payment methods, including requiring prepayment in whole or in part, regardless of the payment method selected by the Customer and regardless of the conclusion of the Sales Contract.

11.4. The Service Provider may terminate a contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.

11.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer – regardless of the legal basis – is limited to the amount of the price paid under the Sales Contract, and no more than PLN 1,000. This limitation applies to all claims, including those related to failure to conclude the Sales Contract or not directly related to the Sales Contract. The Service Provider/Seller is liable only for typical and foreseeable damages and is not liable for lost profits.

11.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the Seller/Service Provider’s registered office.

  1. FINAL PROVISIONS

12.1. Contracts concluded via the Online Store are drawn up in Polish.

12.2. Amendment of the Terms and Conditions:

  1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in legal regulations; changes in payment methods; technical or organisational changes affecting the functioning of the Online Store; addition or change of Electronic Services – to the extent that such changes affect the implementation of these Terms and Conditions.
    1. In the case of contracts of a continuous nature concluded under these Terms and Conditions (e.g., provision of an Electronic Service – Newsletter), the amended Terms and Conditions bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. If the amendment results in introducing any new fees or increasing existing fees, the Service Recipient has the right to withdraw from the contract.
    2. In the case of contracts concluded under these Terms and Conditions other than continuous contracts (e.g., Sales Contract), amendments shall not in any way infringe the acquired rights of Service Recipients/Customers before the date the amendments enter into force; in particular, amendments shall not affect Orders already placed or concluded, or Sales Contracts already concluded, performed or executed.

12.3. In matters not regulated herein, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on Providing Electronic Services (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant generally applicable provisions of law.

12.4. These Terms and Conditions do not exclude provisions applicable in the country of the Consumer’s habitual residence when concluding a contract with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the Consumer the protection granted under provisions that cannot be excluded by agreement.

  1. MODEL WITHDRAWAL FORM

(Annex No. 2 to the Consumer Rights Act)

Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)

– Addressee:

Aleksandra Przybycień

  1. Słonimskiego 16/4a, 50-304 Wrocław, Poland
    olakalagreece@gmail.com

– I/We(*) hereby give notice that I/We(*) withdraw from the contract for the supply of digital content (Digital Products) concluded at a distance

– Date of conclusion of the contract(*)

– Name of Consumer(s)

– Address of Consumer(s)

– Signature of Consumer(s) (only if the form is sent on paper)

– Date

(*) Delete as appropriate.

The Online Store www.olakalagreece.pl respects consumer rights. A Consumer cannot waive rights granted under the Consumer Rights Act. Contract provisions less favourable to the Consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of that Act shall apply instead. These Terms and Conditions are not intended to exclude or limit any consumer rights arising from mandatory provisions of law, and any doubts should be interpreted in favour of the Consumer.

In the event of any inconsistency between these Terms and Conditions and the above provisions, those provisions shall prevail and shall be applied.