Regulations

ONLINE STORE REGULATIONS

Dear Customer!

I am very pleased that you have decided to shop in my Store.

Please read the following Terms and Conditions and the rules of sale that apply to you and me when shopping.😊

Remember also that in case of questions and doubts, you can contact me through the data indicated in the Regulations.

TABLE OF CONTENTS

§1 GENERAL PROVISIONS AND CONTACT DETAILS.

§2 DEFINITIONS.

§3 TECHNICAL REQUIREMENTS.

§4 PRODUCTS AVAILABLE IN THE STORE.

§5 SUBMISSION AND FULFILLMENT OF ORDERS.

§6 PRODUCT PRICES AND PAYMENT.

§8 DELIVERY OF PRODUCTS – COSTS, FORMS AND DATES.

§9 ELECTRONIC SERVICES.

§10 COMPLAINTS.

§11 WARRANTY AND SERVICE.

§12 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER.

§13 PROVISIONS CONCERNING ENTREPRENEURS.

§14 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS.

§15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT.

§16 PERSONAL DATA AND COOKIES.

§17 EXTRAJUDICIAL METHODS OF SETTLING DISPUTES AND CLAIMS BY A CONSUMER.

§18 FINAL PROVISIONS.

APPENDIX 1 – SPECIMEN COMPLAINT FORM IN THE CASE OF A CONSUMER.

APPENDIX 2 – MODEL OF THE COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS.

APPENDIX No. 3 – SAMPLE FORM OF WITHDRAWAL FROM THE CONTRACT IN THE CASE OF A CONSUMER.

CONNECTOR No. 4 – TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS.

§1 GENERAL PROVISIONS AND CONTACT DETAILS

1. The online store is available in the domain https://www.wibracjinatury.com.pl/ and on the relevant subpages after registration, and is run by the Seller.
2. In the event of a complaint about the placed Order, please contact the Seller using the following contact details:
3. telephone number: 512 046 740
4. e-mail address: kontakt@wibracjinatury.com.pl
5. The Customer may communicate with the Seller using the e-mail address and the contact form available as part of the Store (if any).
6. The rules for using and submitting Orders, concluding Product Sales Agreements and making complaints within the Store are set out in these Regulations.
7. The Seller provides the Customer or User with the Regulations free of charge before using the Online Store. The Customer may record the content of the Regulations in a convenient way, e.g. by recording on a durable medium or printing.
8. The condition for using the Store and concluding a Sales Agreement is the acceptance of the provisions of these Regulations. By accepting it, the customer agrees to all provisions and undertakes to comply with them.
9. The prices given in the Store are given in Polish zlotys and are gross prices.
10. Information about the Products provided on the Store’s websites,
11. in particular, their descriptions, technical parameters and prices do not constitute an offer
12. 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.
13. As part of using the Store, it is prohibited to provide unlawful information and, in particular, it is prohibited to:
14. sending and placing spam within the Store
15. providing and transferring content prohibited by law, in particular as part of forms available in the Store;
16. It is obligatory:
17. Using the Store in a manner consistent with the Regulations and legal provisions;
18. Using the Store in a way that does not interfere with its functioning;
19. The use of any content posted on the Store’s websites only for personal use, in accordance with the license granted (if such was granted).
20. The customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.
21. In order to delete the Customer’s account, the Store should be informed in writing or via e-mail about the will to delete it.

§2 DEFINITIONS

The terms used in the Regulations mean:

1. Seller – Małgorzata Chodzińska-Bąk lives at Ostróda 14-100, ul. Prusa 6, phone number: 512 046 740, e-mail: kontakt@wibracjinatury.com.pl.
2. Customer or User – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, placing an Order within the Store and making purchases through the Store.
3. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
4. Entrepreneur with consumer rights – an Entrepreneur ordering Products related to his business activity, but not having a professional nature for the entrepreneur, in accordance with art. 38 a of the Act on consumer rights and art. 385/5, art. 556/4, art. 556/5 and art. 576/5 of the Civil Code.
5. Account – the Customer’s or User account set up on the Store’s online platform, enabling access to the purchased training and products.
6. Entrepreneur – a natural person, legal person and organizational unit that is not a legal person, the legal capacity of which is granted by a separate act, performing on its own behalf, a business that uses the Store.
7. Regulations – these Store Regulations.
8. Online Store or Store – an online store available at www.wibracjinatury.com.pl and on its respective subpages through which the Customer may place Orders and purchases of specific Products.
9. Product – physical and / or electronic products purchased or available in the shop. Products are sold for a fee, unless expressly stated otherwise.
10. Electronic product – a product purchased in the Store, available only in electronic version. Products are sold for a fee, unless expressly stated otherwise.
11. Physical product – a product purchased in the Store, available only in a physical version.Sales Agreement – a Product sales contract concluded between the Seller and the Customer via the Store.
12. Order – an activity, a declaration of intent by the Customer, aimed directly at concluding a Product Sales Agreement with the Seller and performance of the service for the Customer, under the conditions specified in these Regulations.
13. Order form – the Store’s form by means of which the Customer may place an Order and perform the Sales Agreement.
14. Distance contract – contract concluded with the Customer as part of the Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
15. Payment operator – Przelewy24 – PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register under the number 0000347935, NIP: 779 236 98 87v
16. Proof of payment – invoice or receipt issued in accordance with the Tax Act on goods and services of March 11, 2004 and other applicable laws.
17. Payment – payment to the Seller’s account via online payment methods available in the Store or payment upon receipt of the Product – depending on the selected payment method and the ordered Product.
18. System – a set of cooperating IT devices and software for processing and storage as well as shipping and receiving data via telecommunications networks using the appropriate for a given type of network of the end device (Internet).
19. Working days – days of the week from Monday to Friday, except public holidays.
20. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
21. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.
22. GDPR – means Regulation of the European Parliament and of the Council EU 2016/679 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 repealing Directive 95/46 / EC (General Data Protection Regulation ). – Act of May 10, 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).

§3 TECHNICAL REQUIREMENTS

1. The customer may use the available functions of the online store in a manner consistent with the Regulations and applicable regulations and in a manner that does not interfere with the functioning of the online store and other customers.
2. To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:
3. Internet access from a device that enables it;
4. properly configured, current version of the web browser that supports cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
5. an active and properly configured e-mail account.
6. The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by customers and by unauthorized third parties.
7. The Seller takes appropriate actions to ensure the proper functioning of the Store.

§4 PRODUCTS AVAILABLE IN THE STORE

1. The products available in the Store are each time presented in the current assortment on the Store’s website. These can be physical or electronic products, which is each time indicated in the description of a given Product.
2. The Store’s offer also includes Products made to individual customer orders.
3. A customer wishing to make an individual order should contact the Seller at the e-mail address indicated in these Regulations.
4. After agreeing the parameters and features of the Product with the Customer, it will be prepared for his individual order.
5. The process of ordering an Individual Product will be agreed separately with the Customer.
6. The specificity of each Product, its composition and characteristic features can be found in the Product descriptions in the Store.

§5 SUBMISSION AND FULFILLMENT OF ORDERS

1. The Customer may purchase the Product by selecting it from the appropriate subpage of the Store. The Customer may choose among various Product variants at different prices (as long as such a possibility is clearly indicated in the Product description).
2. After selecting the Product, in order to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Store’s website. The customer should first click on the “Add.” to cart “shown with the price and product description, as a result of which the selected Product will be added to the shopping cart. Then, he or she can make further purchases or click the “View Cart” button and then click on the “Proceed to Checkout” button and complete the purchase on the next page.
3. The customer has the option to enter a rebate code, if he has one, in the field called “Rebate codes”. Then, after entering the rebate code and clicking the “Activate” button, the price will be modified accordingly. The customer can also enter the rebate code in the next step, i.e. placing the order.
4. The customer can then recalculate the cost of the cart and then proceed to payment by clicking the “Proceed to checkout” button.
5. In order to place an Order, it is necessary for the Customer to provide the following data in the forms:
6. name and surname,
7. address (country, street, building number, apartment number, zip code, city),
8. phone number,
9. e-mail address,
10. acceptance of the Regulations by checking the box. Acceptance is necessary to complete and complete the Order.
11. consent to the delivery of digital content before the deadline to withdraw from the contract.
12. consent to the execution of the order by the Store by clicking the “Buy and pay” button, which indicates the need to pay for the order.
13. The customer may also indicate a different shipping address by checking the checkbox “Send to a different address?” and indication of the correct data after redirection on the appropriate subpage.
14. The customer can also optionally submit comments to the order, e.g. additional information about the delivery.
15. In the process of placing the Order, the Customer is also obliged to choose the form of payment for the ordered Products from those currently available in the Store.
16. When placing an Order – until you click the “Buy.” and pay “- the customer has the option to modify the personal data and data provided by him in the scope of the selected Products, as well as in the form of payment.
17. 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 Seller.
18. Sending the Order by the Customer is a declaration of the Customer’s will to conclude it with the Seller of the Sales Agreement, in accordance with the content of these regulations.
19. The customer makes the payment by selecting one of the payment methods available
20. in the Store, and then makes the payment.
21. The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
22. The Sales Agreement is treated as concluded when the Customer receives the e-mail referred to in paragraph 12 of this section. The Sales Agreement is concluded in Polish in accordance with the Regulations.
23. The Seller reserves the right not to process the Order in the event of:
24. incorrect / incomplete filling in of the Order form (lack of all data needed to complete the Order),
25. not receiving the payment within 3 days of placing the Order (in the case of choosing the payment option by bank transfer).

§6 PRODUCT PRICES AND PAYMENT

1. The Seller reserves the right to change the prices of the Products presented
2. in the Store, introducing new Products, withdrawing Products, conducting promotions and giving discounts, as well as temporarily offering free Products. The above right does not affect Orders that were placed before the effective date of any of the changes. Details and duration are always included in the description of a given Product.
3. The duration of each promotion is limited. Discounts and promotions do not add up.
4. by bank transfer – payable directly to the Seller’s account. For this purpose, please contact the Seller using the contact details providedin the Regulations;
5. using BLIK – Authorization and processing of personal data takes place through a given bank;
6. cash on delivery – payable upon receipt of the Product. The product will be releasedupon receipt of payment on delivery;
7. by electronic transfer – paid directly to the Seller’s account
8. via the Przelewy24 system – in the transfer in the “Title” field, please provide at least the Order number and the purchased product;
9. using PayPal – the customer will be transferred to the PayPal website in order to make a payment on the terms indicated by this website;
10. In the case of electronic payments, the product will be sent after the transfer is received and credited to the Seller’s bank account.

§8 DELIVERY OF PRODUCTS – COSTS, FORMS AND DATES

1. The shipment of physical Products will take place within 1 to 5 business days from the moment the Order is accepted for execution.
2. The customer can choose the following forms of delivery:
3. Parcel post
4. Parcel lockers
5. Courier delivery
6. Pickup in person
7. Electronic delivery
8. Deliveries are made in Poland and to countries from the drop-down list made available at the stage of entering the shipping address.
9. The order will be processed at the shipping address or e-mail address provided in the Order Form.
10. In the case of consultations, trainings or other individual services ordered by the Customer and available in the Store – the service will be provided on the date individually agreed by the parties, on the date selected by the Customer in the online calendar (if available) or on the date specified in description of a given Product.
11. In the case of electronic Products, e.g. online courses or e-books, the Product is usually shipped for download or access to a given online course immediately after the payment is made and credited, unless otherwise stated in the description of a given Electronic Product (especially in the case of pre-sale of a given Product). Access may also be granted periodically, in accordance with the course program and the dates indicated in the course description or other Electronic Product. The delivery of the ordered electronic products takes place free of charge, as part of the Customer Account maintenance service.
12. Deliveries of physical Products take place on business days, from Monday to Friday.
13. The costs of delivery of physical Products are given at the time of placing the Order and calculating the basket. The customer can read them before placing the Order. The prices of physical Products do not include delivery prices, which are added in accordance with the current Store price list.
14. If the Customer selects the payment in the form of a prepayment, the Product shipping time is counted from the date the payment is credited to the Seller’s bank account.
15. If the Customer chooses to pay in the form of a prepayment during the purchase, he undertakes to immediately pay the funds to the Seller’s bank account. If no payment is made to the Seller’s bank account within 7 working days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order will be canceled.
16. If you choose the method of payment on delivery – the order processing time is counted from the moment of receiving an e-mail from the Seller confirming the submission of the Order.
17. It is assumed that the date of payment is the date of crediting the Seller’s bank account.

§9 ELECTRONIC SERVICES

1. The basic service provided electronically to the Customer by the Seller is enabling the Customer to conclude a contract with the Seller by electronic means. This service is provided free of charge, as part of the price paid for placing the Order.
2. The Seller also provides the Customer with a service in the form of sending a newsletter, if the Customer has agreed to it. Details on sending the newsletter, subscribing to it, and resigning from receiving it are described in the privacy policy.
3. The Seller also provides the Customer with a registration service
4. and maintaining the Account and providing the Customer with access to the Account by logging in, if the Customer decided to set up such an account. This service is provided to the Customer as part of the price paid for the Product.
5. In order to create an individual Account, the Customer should complete the registration form and accept the Regulations, and then place an Order.
6. Information related to the creation of an account and an activation link to set a password will be sent to the e-mail address provided by the Customer. After clicking on it and setting an individual password, the Account is created and the Customer can use it.
7. The creation of an individual Account is necessary to use Electronic Products. If you only purchase physical Products, this is not necessary.
8. In the case of purchasing an Electronic Product, access to the Customer Account takes place automatically after the Customer’s payment is credited.
9. Upon successful registration of the Account, the contract for the provision of free electronic services is concluded for an indefinite period.
10. The Customer logs in to the Account via the e-mail address or login and password. At any time, it can also generate a new password in case of forgetting or losing the previous one.
11. In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons.
12. The seller takes steps to ensure that it functions properly. The Customer is entitled to inform the Seller about any irregularities or interruptions in the functioning of the Store.
13. It is forbidden to share Customer Account data with third parties and to set up several Accounts by one User.
14. In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of electronic services and delete the Customer’s account or deprive him of the right to place Orders at any time with a 14-day notice period, while maintaining the rights acquired by the Customer before the termination of the contract.
15. In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of electronic services and delete the Customer’s account or deprive him of the right to place Orders, with immediate effect, for important reasons, in the event of a material and gross violation of the provisions of these Regulations by the Customer, i.e. in particular in in the event that the Customer uses the Store and the Account in a manner inconsistent with the law or the provisions of the Regulations and contrary to good practices and the purpose of the Account and Store, in a way that is burdensome for other Customers and the Seller, copies the Seller’s Products and Services or makes them available to third parties without Seller’s consent, provides the Seller with data inconsistent with the actual legal status, incorrect, inaccurate or violating the rights of third parties, or violates or tries to violate the technical security of the Store and the Account in order to obtain unauthorized access to its resources.
16. The parties may also terminate the contract for the provision of electronic services by mutual agreement of the parties at any time.
17. The customer may terminate the contract for the provision of electronic services at any time with a 14-day notice period or immediately for important reasons.
18. As a result of the removal of the Account by the Seller, the Customer loses access to all the resources previously available on his Account.
19. In order to delete the Account, the Customer may delete the existing Account himself or contact the Seller by e-mail for this purpose.
20. The Seller informs that deleting the Customer’s Account may make it difficult or impossible for the Customer to use the Products in the Store, including those ordered.

§10 COMPLAINTS

1. The Seller is obliged to deliver a Product free from defects.
2. The Seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code, if the Product has a physical or legal defect.
3. The complaint should contain data enabling the Customer’s identification (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. the type and date of occurrence of the defect) and the requests related to the complaint. In the event of an incomplete complaint, the Seller will call the Customer to complete it.
4. The complaint should be sent to the Seller’s e-mail address provided in these Regulations.
5. The seller will respond to the complete complaint within 14 days of receiving the complaint and inform the customer about further proceedings to the e-mail address of the person submitting the complaint.
6. The Seller will process the Customer’s personal data in order to consider the complaint, and may also contact the Seller by phone to submit a complaint and obtain information on the process of its consideration.

§12 ODSTĄPIENIE OD UMOWY PRZEZ KONSUMENTA

1. The consumer has the right to withdraw from the contract within 14 days without giving any reason, subject to paragraph 6.
2. The period for withdrawal from the contract for physical products begins:

a) from taking the product into the possession of the Consumer or a person designated by him, other than the carrier,

b)from taking possession of the last product / batch / part by the Consumer – in the case of delivery of many pieces of the product, delivered separately, divided into batches or parts,

c) from taking possession of the first of the products by the Consumer – in the case of its regular delivery for a specified period of time.

• The period for withdrawing from the contract for electronic products starts from the date of conclusion of the contract referred to in paragraph 13 paragraph 5.
• To exercise the right to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available on the Website). To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
• An exemplary content of the declaration (form) on withdrawal from the contract is included in the appendix to these regulations.
• The Seller is obliged to immediately, no later than within 14 days from the receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the Product, subject to paragraph 11 and 13 of this paragraph.
• The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
• The right to withdraw from a distance contract is not entitled to the Consumer in the following cases:
• for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
• for the provision of a service 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 to withdraw from the contract;
• for the provision of a service in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
• for the provision of a service in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
• for the provision of a service 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 hygiene reasons, if the packaging has been opened after delivery;
• for the provision of a service in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
• for the provision of a service in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
• for the provision of a service in which the consumer has expressly requested the entrepreneur to come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;
• for the provision of a service where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
• for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
• By accepting these Regulations and placing an Order for an Electronic Product, the Customer agrees to gain access to the Electronic Product before the deadline to withdraw from the Sales Agreement and is aware that in this way he loses the right to withdraw from the contract.
• The Seller may withhold the reimbursement until receipt of the Physical Product or until proof of its return is provided, whichever occurs first.
• If the Consumer has chosen a method of delivering a Physical Product other than the cheapest possible delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
• The consumer is obliged to return the Physical Products to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. The deadline is met if the Consumer sends the returned physical Product to the Seller’s address before the expiry of the 14-day period.
• The consumer is obliged to cover the direct costs of returning the physical Product as a withdrawal from the contract (costs of returning the Product to the Seller).
• The consumer is responsible for reducing the value of the physical Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functionality of the Product.
• In the case of issuing a correcting invoice, the invoice has been left not issued by the Store at the time of returning the money to the Customer’s account. The invoice will be sent to the Customer by e-mail to the e-mail address provided when placing the Order, to which the Customer agrees.

§13 PROVISIONS CONCERNING ENTREPRENEURS

1. The provisions of this paragraph apply to the Store’s Customers who are Entrepreneurs.
2. In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of electronic services consisting in maintaining the Customer’s account with immediate effect and without giving reasons by sending the Customer an appropriate statement, also by electronic means to the e-mail address provided by him for registration of the Account. It does not raise any claims against the Seller.
3. The Seller has the right to withdraw from the contract concluded with the Customer who is not a Consumer without giving any reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also by e-mail to the e-mail address provided by him for registration of the Account. It does not raise any claims against the Seller.
4. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment in time and in the manner adopted for the given type of shipment. He should immediately carry out activities aimed at determining the liability of the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is released to the Entrepreneur and for delay in transporting the shipment.
5. In relation to Clients who are Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in whole or in part, regardless of the method of payment chosen by the Entrepreneur or the conclusion of a sales contract.
6. The Seller’s total liability towards the Entrepreneur (Customer) for non-performance or improper performance of the sales contract is limited to the amount of the Product price paid and the delivery costs under the sales contract and the placed Order, in the event of deliberate damage. The Seller is not responsible for lost profits in relation to the Entrepreneur.
7. Settlement of any disputes between the Seller and the Customer who is not a consumer within the meaning of art. 221 of the Civil Code, is subject to the court having jurisdiction over the seat of the Seller.

§14 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur with the rights of a consumer is an entrepreneur who makes purchases in the Store that are related to his business activity, but do not have a professional nature for him, resulting in particular from the subject of his business activity on the basis of the provisions on the Central Register and Information on Economic Activity, pursuant to Art. 38a of the Act on consumer rights.
2. The entrepreneur referred to in the first paragraph of this paragraph will apply to the provisions of these regulations that apply to the consumer, i.e.
3. Services provided electronically
4. Withdrawal from the contract by the Consumer
5. Complaints and warranty, to the extent limited by art. 38 a of the Act on consumer rights and art. 385/5, art. 556/4, art. 556/5 and art. 576/5 of the Civil Code. In the remaining scope, the provisions of the Regulations concerning Entrepreneurs shall apply.
6. An entrepreneur with the rights of a consumer, accepting these regulations during the purchasing process, and then using his rights listed in this paragraph, should complete the appropriate complaint or withdrawal form, in particular data confirming his status in accordance with art. 38a of the Act on consumer rights or provide this information in another way.
7. The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or otherwise that the purchased Product / s, and thus the concluded sales contract, are directly related to his business activity, but they are not of a professional nature for him, resulting in particular from the subject of business activity on the basis of the provisions on the Central Register and Information on Economic Activity, which proves that it meets the conditions for such an entrepreneur to be considered. The forms constitute attachments to these Regulations.

§15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

1. Physical products available in the Store may be works within the meaning of the Act of February 4, 1994 on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller.
2. By accepting these Regulations, the Customer acknowledges that all copyrights and all trademarks related to the Store belong to the Seller (or it has appropriate licenses) and are subject to legal protection, in particular the provisions referred to in the above paragraph.
3. In the event of the intention to use a physical or electronic Product in a manner inconsistent with the provisions of these Regulations, the Customer is obliged to obtain the Seller’s written consent.
4. The customer agrees to place his logotype in the list of the Seller’s customers, thus granting him a non-exclusive license, free of charge, unlimited in time and territory to use for the purposes of the Seller’s activities in the following fields of use: saving in the field of digital recording in the computer memory and on the Internet , reproduction by any technique, distribution in the Store, on the Seller’s websites and on social media, public display, without the right to sub-license.
5. All content, electronic materials and electronic products and services provided by the Seller, available in the Store, constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller or third parties.
6. The Seller grants the Customer a non-exclusive and non-transferable license, without the right to sub-license the use of the subject of the contract / product. Under the contract, the Customer is authorized to use the Product only for his own needs, without territorial restrictions, in the following fields of use:
7. In terms of recording the song – recording using a digital technique – recording through digital processing on a dedicated platform (Customer Account) maintained by the Seller,
8. Printout for own needs of using materials in pdf format. and doc. and docx., if it results from the specificity of the Product and / or the Product description,
9. Digital recording, modifications for your own needs in the scope indicated in the relevant instructions or comments, e.g. on your own hard drive.
10. The license referred to in paragraph 1. 6 is valid for the duration of access to the Product. The period of access to a given Product, and thus the duration of the license, is indicated in the description of a given Product, and unless otherwise stated, it is granted for 365 days from the date of the Order. The remuneration for granting the license includes
11. in the payment made by the Customer.
12. In particular, it is forbidden to:
13. sharing and presenting the Product to third parties,
14. publish the Product, regardless of the form of publication, with the exception of publication permitted in the instructions or comments,
15. copying, reproduction for purposes other than personal use.
16. The User undertakes to exercise due diligence so that the Product, in particular the Electronic Product (educational materials available on the e-learning platform), is not disclosed to unauthorized / third parties.
17. The Seller hereby informs the Customer that any dissemination of Electronic Products or any other content or Products made available by the Seller is a violation of the law and may give rise to civil or criminal liability. The seller may also claim appropriate compensation for material or non-material losses in accordance with applicable regulations.
18. In the event of the intention to use the Product in a manner inconsistent with the provisions of these Regulations, the Customer is obliged to obtain the Seller’s written consent.
19. The Seller is entitled to periodically update the Products, in particular electronic Products (training, VOD, pdf materials, doc., Docx., Exercises, lessons, modules).

§16 PERSONAL DATA AND COOKIES

Pursuant to Art. 13 sec. 1 and sec. 2 GDPR (i.e. 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 repealing Directive 95/46 / EC) and the Act of May 10, 2018 on the protection of personal data, I inform you that:

1. You can contact the Administrator using the following data: e-mail: kontakt@wibracjinatury.com.pl, telephone number: 512 046 740 or in writing to the Administrator’s address.
2. The Customer’s personal data provided in the forms in the Store will be processed on the basis of an agreement concluded between the Customer and the Administrator, the conclusion of which takes place as a result of the acceptance of these Regulations, pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract). It is necessary for the performance of this contract (execution of the Product order and creation of an Account) and then maintaining the Customer Account and customer service related to the concluded contract.
3. The Customer’s personal data may also be processed for the following purposes and on the following legal grounds:
4. issuing an invoice and meeting other obligations resulting from the provisions of tax law – pursuant to art. 6 sec. 1 lit. c GDPR (obligation resulting from legal provisions);
5. execution of payment transactions through the electronic payment operator – pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract);
6. consideration of complaints or claims – pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract);
7. establishing, investigating or defending against claims – pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
8. telephone contact in matters related to the implementation of the service – pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract);
9. storing unpaid orders – pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
10. creating registers and records related to the GDPR – pursuant to art. 6 sec. 1 lit. c) GDPR (obligation resulting from legal provisions) and art. 6 sec. 1 lit. f GDPR (legitimate interest of the administrator);
11. archival and evidential, for the purposes of securing information that may be used to prove facts – pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
12. the use of cookies on the Store’s website and subpages – pursuant to art. 6 sec. 1 lit. a) GDPR (consent);
13. for direct marketing directed to the customer – pursuant to art. 6 sec. 1 lit. f GDPR (legitimate interest of the administrator).
14. Providing personal data is voluntary, but necessary for purposes related to the implementation of the contract and the implementation of the legitimate interests of the Administrator. Failure to do so will make the conclusion and performance of the Agreement impossible.
15. The Customer’s personal data will be processed for the duration of the contract, as well as for the period of securing any claims in accordance with generally applicable legal provisions. Then they will be removed, unless he decides to use the Administrator’s services and leaves them on a different basis and for the purpose indicated to him.
16. The Customer’s personal data will be made available to other data recipients, such as, for example, websites that provide IT system maintenance and hosting services, e-mail service provider, mailing service provider (newsletter) or payment system, law firm, subcontractors and contractors involved in the work of the online store , etc.
17. Due to the fact that the Administrator uses external providers of various services, e.g. Facebook and subsidiaries, Google, Microsoft, etc., Customer data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part ). Google and Facebook use the compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest protection and data security., Incl. by:
18. cooperation with entities processing personal data in countries for which a relevant decision of the European Commission has been issued,
19. use of standard contractual clauses issued by the European Commission (as is the case, for example, in the case of Google),
20. application of binding corporate rules approved by the competent supervisory authority,
21. or that for the transfer of personal data which the Customer has consented to.
22. The customer has the right to access their data, correct them, rectify them, delete or limit processing, the right to object to the processing, the right to transfer data, the right to request access to data, as well as the right to lodge a complaint with the supervisory body – the President of the Office of Protection Personal Data, if he considers that the processing of his data is inconsistent with the currently applicable data protection law. He also has the right to be forgotten if further processing is not provided for by the currently applicable law.
23. The customer also has the right to withdraw consent at any time if he has provided his personal data on the basis of consent. Withdrawal of consent does not affect the processing of data which was carried out on the basis of consent before its withdrawal.
24. Customer data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the customer.
25. In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
26. Detailed rules for the collection, processing and storage of personal data used to fulfill orders through the Store, and the cookie policy are described in the Privacy Policy, which can be found at: https://www.wibracjinatury.com.pl/polityka-prywatnosci-i -cookie-files.

§17 EXTRAJUDICIAL METHODS OF SETTLING DISPUTES AND CLAIMS BY A CONSUMER

1. The seller agrees to submit any disputes arising in connection with concluded contracts for the delivery of the Product through mediation. Details will be determined by the parties to the conflict.
2. The consumer has the option of using extrajudicial means of dealing with complaints and redress. The consumer has the option of, inter alia, down:
3. to apply to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded contract,
4. apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,
5. free use of the help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
6. The consumer may search for more detailed information on out-of-court complaint and redress procedures on the website http://www.uokik.gov.pl and at the offices and websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection or Provincial Inspectorates of the Trade Inspection.
7. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.
8. The case may be considered by the arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

§18 FINAL PROVISIONS

1. Agreements concluded through the Online Store and the services provided are performed in Polish and based on the provisions of Polish law.
2. The Seller reserves the right to amend the Regulations for important reasons, such as: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations, changes in technology. The new regulations come into force on the day of publication on the Seller’s internet platform on the subpage: Regulations.
3. Agreements concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force on the date of the Agreement.
4. In the event that any provision of these Regulations turns out to be inconsistent with generally applicable law and violates the interests of consumers, the Seller declares the application of the indicated provision.
5. Settlement of any disputes between the Seller and the Customer who is a consumer within the meaning of art. 221 of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
6. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on consumer rights, the Act on the provision of electronic services, the Act on combating unfair competition, the Act on the protection of personal data and the General Regulation on the Protection of Personal Data. (GDPR).

Link to the privacy policy: https://www.wibracjenatury.com.pl/polityka-prywatnosci-i-plikow-cookies/

Link to these Regulations: https://www.wibracjenatury.com.pl/regulamin/

APPENDIX 1 – SPECIMEN COMPLAINT FORM IN THE CASE OF A CONSUMER

Place, date: …………………………….

Name and surname / company: …………………………….

Adres zamieszkania: ……………………………….

E-mail: …………………………….

Phone number:…………………………….

Order number:…………………………….

Order pick-up date:…………………………….

[Seller’s data: name, address]

__________________________________

__________________________________

RComplaints about a Physical / Electronic Product

I hereby give notice that the purchased by me on ………………………………….. ………….. Product ……………………………………………………… …………………………………… …………………

is defective.

The defect consists in …………………………………………………………………………………. …………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ……………………………………………………………………………………[description of the defect].

The defect was found on…………………………………………………..

Due to the above, I request:

• exchange of goods for a new one (Article 561 § 1 of the Civil Code)
• repair of goods free of charge (Article 561 § 1 of the Civil Code)
• reduction of the price of the goods by the amount of PLN ……………………., say: PLN …………………………… (Article 560 § 1 of the Civil Code),
• I withdraw from the contract (Article 560 § 1 of the Civil Code).

Bank account number for the return of funds: …………………………………………………………………………………………………………………………

Bank account holder:………………………………..………………………………….

Date: ____________________     Consumer’s signature: __________________

APPENDIX 2 – SPECIMEN COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date:…………………………….

Name and surname / company: …………………………….

Company address: ……………………………….

NIP: ……………………………

E-mail: …………………………….

Phone number:…………………………….

Order number: …………………………….

Order pick-up date:…………………………….

[Seller’s data: name, address]

__________________________________

__________________________________

Complaints about a physical / electronic Product purchased by an entrepreneur with consumer rights

I am sure that I bought on …………………………………… …………. Product ……………………………………………………… ……………………………………… ………………

is defective.

The defect consists in ………………………………………………………………………………….…………………………………………………………………………………………………………………………………… …………. ……………………………………………………………………………………………………………………… …………………………………………………………………………………… .. [description of the defect].

The defect was found on…………………………………………………..

Due to the above, I request:

• exchange of goods for a new one (Article 561 § 1 of the Civil Code)
• repair of goods free of charge (Article 561 § 1 of the Civil Code)
• reduction of the price of the goods by the amount of PLN ……………………., say: PLN …………………………… (Article 560 § 1 of the Civil Code),
• I withdraw from the contract (Article 560 § 1 of the Civil Code).

Bank account number for the return of funds: …………………………………………………………………………………………………………………………

Bank account holder:………………………………..………………………………….

At the same time, I declare that the purchased Product / s, and thus the concluded sales contract, are directly related to my business activity, but they do not have a professional nature for me, resulting in particular from the subject of my economic activity pursuant to the provisions of the Central Business Activity Records and Information, in accordance with Art. 38a of the Act on consumer rights.

As proof of this, I list below the PKD for my business activity located in CEIDG:

1. PKD NR …………………………… Description: ……………………………………………………………………
   1. PKD NR …………………………… Description:……………………………………………………………………
   2. PKD NR …………………………… Description: ……………………………………………………………………
   3. PKD NR …………………………… Description: ……………………………………………………………………
   4. PKD NR …………………………… Description: ……………………………………………………………………
   5. PKD NR …………………………… Description: ……………………………………………………………………
   6. PKD NR …………………………… Description: ……………………………………………………………………

Date: ____________________     Signature: __________________

APPENDIX 3 – SPECIMEN FORM OF WITHDRAWING FROM THE CONTRACT IN THE CASE OF A CONSUMER

Place, date: …………………………….

Name and surname / company: …………………………….

Address: ……………………………….

E-mail: …………………………….

Phone number: …………………………….

Order number: …………………………….

Order pick-up date: …………………………….

[Seller’s data: name, address]

__________________________________

__________________________________

Statement

on withdrawal from an off-premises contract

I hereby declare that I withdraw from the contract ………… ………………………………… . no. …………………………………….. concluded on … ………………………………………. concerning the following items …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

I am asking for a refund of ……………… PLN (say ……………………. ……………………………….. zlotys) through:

• postal order to the address ………………………………………. ………………………. …. [fill in if applicable]
• to the bank account number: …………………………………….. ………………………………………….. …….. [fill in if applicable],

Date: _____________________               Consumer’s signature: _____________

APPENDIX 4 – SPECIMEN FORM OF WITHDRAWAL FROM THE CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date: …………………………….

Name and surname / company: …………………………….

Company address:  ……………………………….

NIP: ……………………………

E-mail: …………………………….

Phone number:…………………………….

Order number: …………………………….

Order pick-up date: …………………………….

[Seller’s data: name, address]

__________________________________

__________________________________

Statement

on withdrawal from an off-premises contract in the case of an entrepreneur with consumer rights

I hereby declare that I withdraw from the contract ………… ………………………………… . no. …………………………………….. concluded on … ………………………………………. concerning the following items: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

I am asking for a refund of ……………… PLN (say ……………………. ……………………………….. zlotys) through:

• postal order to the address ………………………………………. ………………………. …. [fill in if applicable]
• to the bank account number: …………………………………….. ………………………………………….. …….. [fill in if applicable],

At the same time, I declare that the purchased Product / s, and thus the concluded sales contract, are directly related to my business activity, but they do not have a professional nature for me, resulting in particular from the subject of my economic activity pursuant to the provisions of the Central Business Activity Records and Information, in accordance with Art. 38a of the Act on consumer rights.

NAs proof of this, I list below the PKD for my business activity located in CEIDG:

• PKD NR …………………………… Description: ……………………………………………………………………
  • PKD NR …………………………… Description: ……………………………………………………………………
  • PKD NR …………………………… Description: ……………………………………………………………………
  • PKD NR …………………………… Description: ……………………………………………………………………
  • PKD NR …………………………… Description: ……………………………………………………………………
  • PKD NR …………………………… Description: ……………………………………………………………………
  • PKD NR …………………………… Description: ……………………………………………………………………

Date: _____________________               Signature: _____________

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