Terms and conditions of the online www.agaploska.com

Publish date 10.08.2020

Sale of electronic products through the online store www.agaploska,com

implemented by Agnieszka Płoska, based in Gdynia, ul. Hunting 4a/​11, 81 – 572 Gdynia, TAX ID: 5862197670, REGON: 364201883

Contact with the seller is possible at the e‑mail address hello@agaploska.com.

  • 1 Definitions 

For the purposes of these Regulations, the following terms shall be taken into account:

  1. Buyer – a natural person, a legal person or a infert person,
  2. Consumer – a natural person making a purchase to an extent not directly related to his business or professional activity (in accordance with Article 221 of the Civil Code)
  3. Payment Operator:
    1. service tpay.com, owned by the National Payment Integrator Joint Stock Company with its registered office in Poznan, at ul. Saint. Martin 736, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of Poznań –New Town and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number KRS 0000412357, tax identification number 7773061579, REGON 300878437, share capital 4 798 500,00 PLN (paid in full), 
    2. PayPal www.paypal.com

      PayPal Inc. is the parent company of PayPal (Europe) S.à r.l. & Cie, S.C.A. Its registered office is in the United States, California.
    3. Stripe, owned by Stripe Inc. www.stripe.com

  4. Terms and Conditions – these terms and conditions, available at www.agaploska.com/regulamin

  5. Shop – online store available at www.agaploska.com

  6. Seller – Agnieszka Płoska, based in Gdynia, ul. Hunting 4a/​11, 81 – 572 Gdynia, TAX ID: 5862197670, REGON: 364201883.
  7. Postal address – name of the institution, location in the village (in the case of a town divided into streets: street, building number, apartment or apartment number; in the case of a town not divided into streets: name of town and property number), postcode and city.
  8. Complaint address: Agnieszka Płoska, ul. Hunting 4a/​11, 81 – 572 Gdynia, hello@agaploska.com
  9. Personal – any information relating to an identified or identifiable natural person. Information shall not be considered to be capable of identifying a person if it would require excessive costs, time or action.
  10. Sensitive data – this is personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health status, genetic code, compositions, sexual life, convictions, convictions and criminal mandates, as well as other judgments given in judicial or administrative proceedings.
  11. Delivery – the type of transport service together with the carrier and cost mentioned in the delivery price list www.agaploska.com/cennik-dostaw

  12. Proof of purchase – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of 11 March 2004, as amended and other applicable law.
  13. Civil Code – Civil Code Act of 23 April 1964, as amended.
  14. Shopping Cart – a list of products made from products offered in the store based on the buyer’s choices.
  15. Payment – method of payment for the subject of the contract and delivery listed at www.agaploska.com/metody-platnosci

  16. Rightholder – the entity entitled to out-​of-​court resolution of consumer disputes within the meaning of the Consumer Out-​of-​Court Dispute Resolution Act of 23 September 2016, as amended.
  17. Consumer Law – Consumer Rights Act of 30 May 2014.
  18. Privacy Policy – rules of processing personal data of Buyers by the Administrator, the rights of Buyers and obligations of the Data Controller, which is located at: www.agaploska.com/polityka-prywatnosci

  19. Product – the minimum and indivisible quantity of the item that can be the subject of the order, and which is given in the Seller’s store as a unit of measure when determining its price (price/​unit).
  20. Subject matter of the contract – products and delivery subject to the contract.
  21. Subject matter of the service – subject matter of the contract.
  22. Rodo  — Regulation (EU) 2016679 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/​EC
  23. System – a team of interconnected IT devices and software, providing the processing and storage, as well as sending and receiving data through telecommunications networks using a specific terminal equipment network, colloquially referred to as the Internet.
  24. Due date – The number of hours or working days indicated on the product card.
  25. Agreement – an off-​premises or distance contract within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
  • 2 Preliminary provisions
  1. Through the Store, the Seller sells tangible and electronic products, while providing electronic services to the Buyer in accordance with § 3 of the Regulations.
  2. The Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and the Buyer.
  3. In order to make a purchase through the Store, it is not necessary to meet special technical conditions by the Buyer’s computer or other device. Sufficient are: 
    1. Internet access
    2. standard operating system,
    3. Standard web browser
    4. have an active email address.
  4. In order to use the electronic product, the following technical conditions must be met by the Buyer’s computer or other device:
    1. Internet access
    2. standard operating system,
    3. Standard web browser
    4. Standard .pdf viewer (e.g. AdobeReader)
    5. have an active email address.
  5. The buyer may not make the purchase anonymously or under a pseudonym. 
  6. It is prohibited for the Buyer to provide content of an unlawful nature, in particular by sending such content within the forms available in the Store.
  7. All prices listed in the Store are gross prices and are given in Polish zlotys.
  8. The final price of the order consists of the price for the product and the cost of delivery indicated on the Store’s website.
  • 3 Electronically supplied services
  1. Through the Store, the Seller provides the Buyer with an electronic service consisting in enabling the Buyer to conclude with the Seller: 
    1. contract for the supply of digital content in the form of electronic products available in the Store.
    2. contract for the supply of tangible products available in the Store.
  2. It is possible to conclude a contract without having an account in the Store. The procedure for concluding the contract is described in detail in § 5 of the Regulations.
  3. Contracts for the supply of digital content or tangible products concluded through the Store are payable.
  • 4 Types of services provided by the Operator
  1. The Administrator allows Buyers, in accordance with the rules set out in these Terms and Conditions, in particular:
  1. access to the Materials placed on the site,
  2. purchase of tangible, electronic and service products,
  3. Commenting
  4. receiving the newsletter.
  • 5 Intellectual property rights
  1. The Seller hereby instructs the Buyer that the material and electronic products available in the Store constitute works within the meaning of the Act of 4 February 1994. copyright and related rights to which the Seller has copyright.
  2. The Seller hereby instructs the Buyer that the further distribution of electronic products by the Buyer without the Seller’s consent constitutes a violation of the Seller’s copyright in electronic products and may result in civil or criminal liability.
  • 6 Conclusion of the contract
  1. In order to purchase a tangible or electronic product, the Buyer must take the following steps:
    1. add the product(s) to your shopping cart by clicking on the “Buy” button,
    2. from the shopping cart view, click on the “Order“Zamawiambutton,
    3. complete the order form, providing the data necessary for the execution of the order and choosing the method of payment;
    4. accept the Terms and Conditions – acceptance of the Regulations is voluntary, but necessary to make a purchase,
    5. click on the “Order and pay” button.
  2. After clicking on the “Order and Pay” button, theBuyer will be taken to the PaymentOperator’s website to pay the price for the selected products.
  3. Once the payment has been made effectively, the Buyer will be transferred to the Purchase Confirmation Page. At this time, the following shall be deemed to have been concluded between the Buyer and the Seller:
    1. a contract for the supply of digital content in the form of selected electronic products,
    2. contract for the supply of tangible products.
  4. Confirmation of purchase The Buyer will also receive an e‑mail address provided on the order form.
  • 7 Delivery
  1. Delivery of the purchased electronic product will take place immediately after the payment has been credited by sending to the e‑mail address provided in the order form a link allowing you to download the electronic product. 
  2. Shipping of the purchased tangible product will take place up to 2 – 4 business days after the payment is posted. 
    1. Material products will be delivered via the INPOST InPost sp. parcel network. z o.o., EQUAL BUSINESS PARK Building B, ul. Wielicka 28, 30 – 552 Kraków, NIP 6793108059 or DHL Parcel www.dhlparcel.com.pl

      (DHL Parcel Polska sp. o.o. with its registered office in Warsaw at Osmanska Street 2 (02−823 Warsaw), 
    2. The buyer chooses the delivery method himself when placing the order. 
    3. It is possible to receive a personal (in the Tricity) purchased material product. For this purpose, the buyer should contact the Seller hello@agaploska.com

      and determine the details.
  3. The implementation of the purchased hours of consultation or workshops will take place on a timely basis determined individually.
  • 8 Withdrawal of the Consumer from the contract
  1. The Consumer, who has concluded a distance contract with the Seller, has the right to withdraw from the contract without giving a reason within 14 days from the date of conclusion of the contract.
  2. In order to withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by means of an unequivocal statement — for example, a letter sent by post or e‑mail.
  3. In order to keep the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer’s right of withdrawal before the expiry of the withdrawal period. 
  4. In case of withdrawal from the contract, the Seller shall return to the Consumer all payments received from the Consumer immediately, no later than 14 days from the date on which the Seller was informed about the exercise of the right of withdrawal. 
  • 9 Liability for defects
  1. The Seller is obliged to provide the Buyer with a product free from defects.
  2. The Seller is liable to the Buyer if the product has a physical or legal defect (warranty for defects).
  3. If the Buyer finds a defect in the product, he should inform the Seller, at the same time specifying his claim related to the defect found or making a statement of the relevant content. 
  4. The Buyer may contact the Seller both by post and by e‑mail.
  5. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him by such means of communication, using which the complaint was made. 
  • 10 User Comments
  1. Any Buyer may post a comment on the Website under the Material.
  2. To add a comment to a given Material, the User enters the content of the comment in the field below the Material.
  3. The comments system is supported by the DISQUIS application. 
  • 11 Newsletter
  1. Each User of the website, if he agrees, receives a Newsletter from the Administrator. 
  2. Each Buyer, if he agrees, receives a Newsletter from the Administrator. 
  3. The newsletter is sent to the e‑mail address indicated by the User during registration or via a separate form, in the form of an e‑mail.
  4. The newsletter is sent from the address Aga Płoska | A woman from the Aga@kobietaztlumu.pl

  5. You can unsubscribe from the newsletter at any time.
  6. Mailing is sent via MailerLite.
  • 12 Personal data and cookies

The rules for the processing of personal data and the use of cookies are described in the privacy and cookies policy available at www.agaploska.com/polityka-prywatnosci

  • 13 Out-​of-​court complaint handling and redress

1.The Seller agrees to submit any disputes arising in connection with the concluded contracts by means of mediation proceedings. Details will be determined by the parties to the conflict.
2.The consumer has the opportunity to use out-​of-​court means of dealing with complaints and redress. Among other things, the Consumer has the opportunity to:
(a)to apply to the permanent consumer arbitration court for a settlement of the dispute resulting from the contract concluded,
b)request the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable termination of the dispute between the Buyer and the Seller,
©the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory task is consumer protection.
3.For more detailed information on out-​of-​court complaint handling and redress, the Consumer may search the website for http://www.uokik.gov.pl.

4.The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The Platform is used to resolve disputes between consumers and traders seeking an out-​of-​court settlement of a dispute concerning contractual obligations arising out of an online sales or service contract.

  • 14 Final provisions
  1. Nothing in these terms and conditions is intended to violate buyer’s rights. Nor can it be interpreted in this way, because in case of incompatibility of any part of the regulations with the applicable law, the Seller declares absolute compliance with and application of this right in place of the contested provision of the Regulations.
  2. The changes to the regulations and their scope registered Buyers will be notified electronically (as indicated at the time of the order by e‑mail). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be made in order to adapt the regulations to the current legal state.
  3. The current version of the terms and conditions is always available to the Buyer in the terms and conditions tab (www.agaploska.com/regulamin). During the execution of the order and during the entire period of after-​sales care of the Buyer, the regulations accepted by him when placing the order apply. Except when the Consumer considers it to be less favourable than the current one and informs the Seller about the choice of the current one as valid.
  4. In matters not covered by these Regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer so desires, are resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-​trial or out-​of-​court dispute resolution, e.g. through the EU’s ODR online platform or by selecting any rightholder from among the UOKiK registers. The seller declares its intention and agrees to the out-​of-​court resolution of the consumer dispute. 
  5. As a last resort, the case is decided by the court with jurisdiction locally and in a matter-​by-​case basis.
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