I. DEFINITIONS
The terms used in the Regulations mean:
- Commercial Information – commercial information within the meaning of Art. 2 point 2 of the Act on the provision of electronic services, in particular advertising, commercial offer and information about news, promotions and other events regarding the Shop.
- Customer – a natural person, a legal person or an organisational unit that is not a legal person the specific provisions of which grant legal capacity, a person placing an Order as part of the Shop.
- Civil Code – the Act of April 23, 1964 (Journal of Laws of 2018, item 1025, as amended).
- Regulations – these Regulations
- Online Shop, Shop – an online store available at: http://aleksandralemm.com, through which the Customer may purchase specific Goods and Services.
- Digital Product – digital materials presented as part of the Shop, intended for sale,
in particular training courses and online / video courses. - Sales Agreement – a contract for the sale of a Digital Product concluded between the Shop Owner and the Customer via the Shop’s website.
- Consumer Rights Act – the Act of March 3, 2017 on consumer rights (Journal of Laws of 2017, item 683, as amended), hereinafter referred to as the Act.
- Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1217 as amended).
- Shop owner – Aleksandra Lemm based in Arnhem, at the following address:
Westervoortsedijk 73 BF 6827AV Arnhem, The Netherlands. - Order – an activity aimed at concluding a Sales Agreement for digital products and to provide services to the Client, under the conditions set out in these Regulations.
Other terms used in these Regulations have the meaning given to them by law, including in particular the Personal Data Protection Act of 10/05/2018 (Journal of Laws of 2018, item 1000, as amended); Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (GDPR), the Act on electronic services); Telecommunications Law Act of July 16, 2004. (Journal of Laws of 2018, item 1954, as amended).
II. GENERAL PROVISIONS
- The Online Shop available at: http://aleksandralemm.com is run by the Shop Owner.
- Information about Digital Products provided on the Shop’s websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, and are only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
- The rules for using the Online Shop and the conditions for making purchases within it are specified in these Regulations.
- These Regulations define in particular:
a) the types and scope of services provided electronically as well as the rules for concluding Sales Agreements the subject of which are specific Digital Products;
b) the complaint procedure and the procedure for withdrawing from the Sales Agreement. - The condition for using the Shop is to read and accept the Regulations. By accepting the Regulations, the Customer agrees to all its provisions and undertakes to comply with them.
- As part of using the Shop, the Customer is prohibited in particular from:
– providing and transferring content prohibited by law
– taking actions such as sending or placing unsolicited commercial information within the Shop. - As part of using the Shop, the Customer is obliged in particular to:
– use the Shop in a way that does not interfere with its functioning, in particular by using the appropriate technical equipment;
– use of any content posted on the Shop’s websites solely for personal use;
– use the Shop in a manner consistent with the Regulations, applicable law and general principles of using the Internet. - The Shop Owner provides the Customer with the Regulations free of charge before using the Online Shop. The content of these Regulations may be recorded by the Customer by printing it, saving it on a carrier or downloading it at any time from the Shop’s website.
III. TECHNICAL CONDITIONS FOR USING THE WEBSITE
Using the Online Store is possible provided that the following technical requirements are met by the Customer:
a) having a device enabling access to the Internet, equipped with an efficient operating system, e.g. Linux or Windows
b) installing on the device referred to in point a) above a version of a web browser that provides access to Internet resources, such as: Internet Explorer (minimum version 7), Opera (minimum version 12.8), Mozilla Firefox (minimum version 24), Google Chrome (minimum version 25) or another compatible one that supports cookies, and the flash player program
c) having an active e-mail account (e-mail)
IV. PLACING AND REALISATION OF ORDERS
- In order to pursue the Digital Products via the Shop, go to the website http://aleksandralemm.com, and then select the Digital Products, taking the next steps in accordance with the messages displayed on the Shop’s website.
- The Customer’s selection of the ordered Digital Products (including their type and number) is made by clicking the button – for example: “ORDER A COURSE”.
- In order to place an ‘Order’, it is necessary for the Customer to provide the following data:
a) name and surname (and in the case of an entrepreneur – name and surname of the person submitting the Order on his behalf) and invoice data
b) e-mail address; accept the Regulations by checking the box marked as “I have read and accept the regulations” and consent to the execution of the order by the Shop by clicking the “Buy and pay” button, which indicates the payment of the order. - In the process of placing the Order, the Customer is also obliged to choose the form of payment for the ordered Digital Products.
- When placing the Order – until you click the “Buy and pay” button – the Customer has the option to modify the personal data and data provided by him regarding the Digital Products he has chosen, as well as the form of payment.
- By clicking on the “Buy and pay” button, the customer is aware that the conclusion of the contract is related to the obligation to pay the payment due to the Shop Owner.
- Sending the Order by the Customer is a declaration of the Customer’s will to conclude a Sales Agreement with the Shop Owner, in accordance with the content of these Regulations.
- After placing the Order, an e-mail will be sent to the Customer containing the final confirmation of all essential elements of the Order.
- The Sales Agreement is treated as concluded upon receipt of the message by the Customer. The Sales Agreement is concluded in Polish or in English language in accordance with the Regulations.
- Simultaneously with placing an Order for specific Digital Products, the Customer will be created an individual account, available via the login (Customer’s e-mail address) and the password set by him. Registration in the Store is a necessary condition to make purchases in it.
- Creating an Account is possible by filling in all fields of the registration form when placing the order, marked as required.
- The prerequisite for creating an Account is the Customer’s acceptance of these Regulations by checking the box marked as “I have read and accept the regulations“, placed under the registration form referred to in paragraph 11 above.
- Upon accepting the Regulations, the Customer may express additional consent to the processing of his personal data by the Shop Owner for marketing purposes, in particular to receive commercial information and offers, receive articles and other free training materials, discount codes for selected products in the online store, special offers for selected customers and other commercial information. Such consent may also be given in return for obtaining a free product or service. The consent is expressed by checking the box marked as “Consent to the processing of personal data for marketing purposes”.
- The customer may withdraw such consent at any time. Withdrawal of consent does not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
- The customer who has registered in the Shop uses his Account when making purchases. As part of the Account, the Customer may, in particular, track the status of current Orders, check the details of Orders in the history, as well as manage his Account data and change his password.
- The Customer is obliged not to disclose his Account password to third parties.
- The Shop Owner may delete the Customer’s account or deprive him of the right to place Orders, with immediate effect, in the event of a material breach by the Customer of these Regulations, if:
– the customer, when registering in the Online Store or placing an Order, intentionally provided untrue data or data that violates the rights of third parties,
– uses the Online Shop in a manner inconsistent with the provisions of the law in force in the territory of the Republic of Poland and The Netherlands, the provisions of the Regulations, as well as the generally accepted principles of using the Network,
– uses the Online Shop in a grossly burdensome manner for other Customers and for the Shop Owner,
– unlawfully sharing Digital Products with third parties. - Access to the ordered Digital Products is granted on the Customer’s Account after the conclusion of the Agreement and posting the payment to the Shop Owner’s account.
V. PRODUCT PRICES AND FORMS OF PAYMENT
- The prices of Digital Products posted on the Shop’s website are gross prices and include VAT and all other fees, such as customs duties.
- The Shop Owner reserves the right to change the prices of Digital Products presented on the Shop’s websites, withdraw and introduce new Digital Products, carry out and cancel all kinds of promotional campaigns and sales. The above right does not affect Orders that were placed before the effective date of any of the changes referred to above.
- The Customer may choose the following payment methods for the ordered Digital Products:
a) by bank transfer – payable directly to the Shop Owner’s account; please provide the Order number on the transfer in the “Title” field. Access to the Digital Product will be granted upon receipt of the transfer;
b) PayPal – payable directly to the Shop Owner’s PayPal account - When making a payment for a Digital Product, the Customer may use the rebate or promotional coupons to which he is entitled.
- For each Order, a receipt or invoice is issued in an electronic version, according to the Customer’s choice.
VI. COMPLAINTS ABOUT DIGITAL PRODUCTS
- The Shop Owner is not responsible for the consequences of following the information offered as part of Digital Products.
- In the event of a defect of a digital Product purchased from the Shop Owner, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
- Complaints should be reported electronically to the Store Owner at the following e-mail address: aleksandralemm@gmail.com
- When submitting a complaint, please provide your name, surname, e-mail address, Order number, describe the reason for the complaint and the Customer’s request in relation to the identified defect of the Digital Product.
- The store undertakes to consider each complaint within 14 (fourteen) days from the date of its submission.
VII. COMPLAINTS CONCERNING THE FUNCTIONING OF THE STORE SERVICE
- The Shop Owner takes steps to ensure that the Online Shop website is fully operational and undertakes to remove any irregularities in its functioning reported by customers on an ongoing basis.
- The customer may inform the Shop Owner about any irregularities or interruptions in the functioning of the Store website by sending relevant information to the e-mail address: aleksandralemm@gmail.com.
- In the e-mail referred to in para. 2 above, the Customer should provide his name, surname, correspondence address (including e-mail address), as well as the type and date of irregularities related to the functioning of the Shop’s website.
- The Store Owner undertakes to consider the complaint within 14 (fourteen) days from the date of its receipt.
VIII. WITHDRAWAL FROM THE CONTRACT
- The Customer may withdraw from the Sales Agreement without giving any reason within 14 days from the date of access to the Digital Product, provided that the digital product is not used By sending the return form to the e-mail address: aleksandralemm@gmail.com
- To meet the deadline to withdraw from the contract, it is enough for the Customer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
- In the event of the Customer’s withdrawal from the Agreement by e-mail, the Shop Owner will immediately send a confirmation of receipt of the information on withdrawal from the contract by e-mail.
- In the event of withdrawal from the Sales Agreement, such a contract is considered void and the parties are obliged to return what they have mutually provided on the basis of it.
- The Shop Owner will refund the value of the Order immediately, but not later than within 14 (fourteen) days from the date of the Customer’s withdrawal from the Sales Agreement.
IX. PERSONAL DATA PROTECTION
- The Shop Owner, as the administrator of personal data, undertakes to take all necessary technical and organizational measures appropriate to the degree of risk, in order to ensure the security of all data and content provided by the Customer in connection with his use of the Online Shop.
- Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- Customers’ personal data are processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / WE (GDPR) and the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) [hereinafter: the “Act”]. A customer who has registered as part of the Shop has the right to inspect their data, to correct them and request the cessation of their use.
The data can be viewed and changed after logging in to the Shop, as part of the individual account of a given Customer or by contacting the Shop Owner at the following e-mail address: aleksandralemm@gmail.com - Detailed rules regarding the processing of Customers’ personal data are contained in the PRIVACY POLICY ON THE STORE WEBSITE.
X. FINAL PROVISIONS
- Photos and all other materials (including texts, recordings, graphics, logos) posted on the Shop’s website are the property of the Shop Owner or have been used by him with the consent of their owners. Using them for commercial purposes without the Owner’s consent is illegal and prohibited in accordance with the Act of February 4, 1994 on copyright and related rights (Journal of Laws 2018, item 1191 as amended).
- Settlement of any disputes between the Shop Owner and the Customer who is a consumer within the meaning of art. 22 of the Civil Code, is subject to common courts competent in accordance with the relevant provisions of the Code of Civil Procedure.
- Settlement of any disputes between the Shop Owner and the Customer who is not a consumer within the meaning of art. 22 of the Civil Code, is subject to the court having jurisdiction over the seat of the Shop Owner.