TERMS & CONDITIONS
FOR THE ONLINE SHOP
The Seller’s identity :
27 OLD GLOCUESTER STREET
LONDON WC1N 3AX (United Kingdom)
- The terms used in these Terms and Conditions shall have the following meaning:
- Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
- Customer – a natural person with a full legal capacity, who places an order in the Online Shop or uses other Services available in the Online Shop.
- Digital content- files, which is not recorded on a material carrier.
- Products– the courses presented in the Online Shop.
- Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind of Products.
- Sales Agreement – a sales agreement of Products concluded between the Seller and the Customer.
- Seller – the company Bartosz Grzybek, Kulik Limited, 27 OLD GLOCUESTER STREET, LONDON WC1N 3AX (United Kingdom), firstname.lastname@example.org .
- Services – the services rendered electronically by the Seller for the benefit of Customers.
- Terms and Conditions – this document;
- General provisions
- These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://kierunekamazon.co.uk/ .
- These Terms and Conditions are always available at the website https://kierunekamazon.co.uk/, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
- The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop.
- The Customer is obliged to:
- provide in the Order forms, only true, up-to-date and all necessary data of the Customer and promptly update the data;
- use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customer;
- use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
- Electronic services in the online shop
- The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.
- The Seller provides the following Electronic Services:
- Enabling Customers to place orders and conclude Sale Agreements under the terms specified in these Terms and Conditions;
- The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Customer earlier terminates placing the Order through it.
- The Seller may at any time terminate the Service Agreement with the Customer giving a 14 days’ notice period for important reasons, understood as a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller, or a change of the scope or provision of services to which the provisions of the Terms and Conditions apply.
- If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
- Either party withdrawing from the Service Agreement or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.
- Orders / Sales Agreement
- Information about the Products as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement.
- All orders for products are subject to availability.
- Prices of products presented on the website of the Online Shop are provided in PLN, and include VAT(Value added Taxes ) and other taxes.
- The Seller enables submitting Orders for Products in the Online Shop 24/7 through the website https://kierunekamazon.co.uk/ .
- As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary, yet is necessary for placing the order.
- The order form should include the Customer’s name, surname, postal address and email address.
- The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay.
- If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Products being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
- The sales Agreement shall be concluded in Polish, English as selected by the Customer, and its provisions shall correspond to the Terms and Conditions.
- Course Access and Content
- When you purchase a product via our Website you provide us with your permission to supply you with the means to access the digital goods you have purchased (access to the course materials and video).
- The Seller offers lifetime access to courses.
- When purchasing a course you are buying a non-exclusive licence to use the product, upon terms specified by the Seller and ownership of the product remains with the Seller. Unless described otherwise by the Seller you must not copy, modify or re-produce a non-original version of the product you purchase, or loan, lease, sell or distribute the product.
- The course material will be made available in accordance with the course description
- Methods of Payment
- The Customer may choose the following payment methods:
- Bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer).
- Online payment (web service -Przelewy24 ).
– Online payments are processed by PayPro S.A. (PayPro) – the entity rendering the Service for the Users, with its registered seat in Poznań, ul. Kanclerska 15 (60-327), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, KRS entry No. 0000347935, NIP No. 7792369887, share capital of 4,500,000.00 PLN, fully paid in, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority, entry No. UKNF IP24/2014).
– in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment.
- When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
- When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.
- The customer agrees that the purchase documents for the order will be sent electronically.
- The right to withdraw from the Agreement
- The Consumer who concludes a distance agreement can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days.
- The lapse of the period for withdrawing from the agreement starts from the date of concluding the agreement.
- The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).
- Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
- In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.
- If you are a consumer, please note that you waive your right to a refund under The Consumer Contracts Regulations 2013 if you access an online product or download a downloadable product. Up until this point, and within fourteen days of making your purchase, you may cancel your purchase and you will get a full refund.
- So once you have confirmed the purchase of the online product and your access has started you will not be entitled to cancel the contract and will not have a refund unless the digital product is defective.
- Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- The Customer may complain to the Seller about functioning of the Shop and using the Services to the following address
27 OLD GLOCUESTER STREET
LONDON WC1N 3AX (United Kingdom)
- The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
- If your products are digital content, for example: online courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you’re entitled to a repair or a replacement.
- if the fault can’t be fixed, or if it hasn’t been fixed (within a reasonable time and without significant inconvenience), you can get some or all of your money back.
- if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
- So If your digital product is defective please notify us within 30 days of receiving the defective product and we will supply you (at our option) with a replacement or a refund.
- The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
- In the unlikely event that our Customer Relations team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may also refer your complaint to RetailADR (previously ‘The Retail Ombudsman’), which is a certified Alternative Dispute Resolution provider. RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP, Email: email@example.com – Web: www.retailadr.org.uk , Tel: 0203 540 8063.
- In Poland the Customer who is a Consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement.
- According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union. http://ec.europa.eu/consumers/odr/ .
- Force majeure
- Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
- The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
- Protection of personal information
- The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
- We cannot guarantee that our website will be secure or free from bugs or viruses. You should use your own virus protection software.
- You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Services will cease immediately.
- Final provision
- All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
- These conditions are governed by and construed in accordance with the laws of England.
- In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.
- Nothing in these terms and conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
- We will be not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
- A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
- If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
- The Seller reserves the right to modify these terms and conditions. New versions will be indicated on the Website. The online version on the Website at the time you place your order will supersede any other prior version.
Appendix No 1 – Form of withdrawal from agreement
(this form should be filled in and returned only if you wish to withdraw from the contract)
– I / We (*) hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for a work involving the following items (*) / for the provision of the following service (*)
– Date of conclusion of the contract (*) / receipt (*)
– Name and surname of consumer (s)
– Consumer (s) address
– Signature of the consumer (s) (only if the form is sent in paper version)
(*) Delete as applicable.