Terms and conditions of wiedzawartamilion.cy online store

We are very pleased that you have taken a look at our shop. We hope that shopping with us will become a pleasure for you.

As an introduction, it is now time for the formalities. To begin with, our full registration details as shop administrator and seller: ROBERT GAWEDA Limited Company Private with its registered office in Limassol (Cyprus), at: Evripidou 9A, 3031 Limassol (Cyprus), registered in the Registry of Companies in Cyprus under number HE 418074.

Below you will find the terms and conditions, which contain information on, among other things, how to place an order leading to the conclusion of a contract, details on the performance of the contract concluded, the forms of delivery and payment available in the shop, the withdrawal procedure or the complaint procedure.

If you have any comments, questions or concerns, we are at your disposal at biuro@wiedzawartamilion.cy.

Best regards and we wish you successful shopping

The team of the online shop wiedzawartamilion.cy

• 1.

Definitions

For the purposes of these Rules, the following terms shall have the following meanings:

• Update – an update that the Seller has agreed to provide and that is necessary to make the Digital Content compatible with the Contract;
• Price – the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Product;
• E-payment – payment of the Price for a Product by means of a digital representation of value, in particular by means of electronic vouchers, e-coupons, virtual currencies etc;
• Contracts for Differences (CFDs) – derivative financial instruments that relate to the conclusion of contracts for specific differences;
• Buyer – a natural person, a legal person or an organisational unit with legal capacity;
• Consumer – a buyer who is a natural person concluding a Contract with the Seller which is not directly related to his/her economic or professional activity;
• Product – Digital Content or Training Services offered by the Seller as part of the Shop;
• Entrepreneur on Consumer Rights (PNPK) – a Buyer who is a natural person concluding a Contract with the Seller directly related to business activity, when the content of the Contract indicates that it is not of a professional nature for that person, in particular resulting from the subject of business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
• Pre-sale – the process of collecting orders by the Seller for Products that will be available for sale as of a certain date and concluding Contracts before the planned date of introduction of the Products for sale;
• Regulations – these regulations, available at https://wiedzawartamilion.cy/regulamin/;
• Shop – online shop operating at https://wiedzawartamilion.cy;
• Seller – ROBERT GAWEDA Limited Company Private with its registered office in Limassol (Cyprus) at: Evripidou 9A, 3031 Limassol (Cyprus), registered in the Register of Companies in Cyprus under HE 418074;
• Digital Content – any digital content offered by the Seller within the Shop, in particular such as e-books, recorded Webinars, audio recordings, transcriptions, visuals, print files and any other content that may be uploaded within the Shop and offered as a Product;
• User Content – content that is provided or created by the Consumer or PNPK in the course of using the Digital Content;
• Contract – a contract for the sale of a Product or a contract for the provision of Services;
• Services – Electronic Services, including Digital Services, or Training Services;
• Digital Services – services that allow the Buyer to:

– the generation, processing, storage or access to data in digital form;

– the sharing of digital data that has been uploaded or created by the Buyer or other users of the Digital Service;

– other forms of interaction using digital data;

• Electronic Services – any services that are provided by the Seller to the Buyer through the Shop, e.g. maintenance of a user account, transmission of a newsletter, etc;
• Training Services – training services concerning CFDs Instruments that are provided by the Seller to the Buyer after the Buyer has purchased the Product that includes the Training Services;
• Webinar – a virtual meeting between the presenters and the participants during which multilateral communication is possible by means of distance communication. Each Webinar lasts at least 60 minutes (in words: sixty) minutes.
• 2.

Preliminary provisions

1. The Seller sells Products through the Store, while providing Electronic Services to the Buyers. Through the Shop, the Buyer may purchase the Products displayed on the Shop pages. The Seller’s assortment includes both Digital Content and Training Services, while it does not include physical products.
2. The Regulations define the terms and conditions for the use of the Store, as well as the rights and obligations of the Seller and the Buyers.
3. In order to use the Store, including, in particular, to make a purchase in the Store, it is not necessary for the computer or other device of the Buyer to meet specific technical conditions. Sufficient are:

– Internet access,

– standard operating system,

– a standard web browser,

– having an active e-mail address.

4. For the use of Digital Content, depending on its type, it may additionally be necessary to have a standard, publicly available software that allows viewing or playing a certain type of files such as DOC, PDF, MP4, MP3, MOV, AVI, etc. If the use of the Digital Content requires additional technical requirements, such information is presented in the Shop in a manner visible to the Buyer and allowing to make a decision regarding the purchase of the Digital Content.
5. The conclusion of a Contract for the provision of Digital Content may not be made anonymously or under a pseudonym. The Buyer should indicate true and complete personal data in order to be able to conclude such a Contract.
6. The supply of unlawful content during the use of the Shop is prohibited, in particular by sending such content through the forms available in the Shop.
7. Depending on the type of Digital Content or Services selected, a Contract of a certain type is concluded between the Seller and the Buyer:

• in the case of Digital Content, a contract for the provision of Digital Content is concluded;
• in the case of Training Services, a contract for the provision of services is concluded;
• in the case of Electronic Services, a contract for the provision of electronic services is concluded.

8. For the avoidance of doubt, the Seller indicates that:
9. The Contracts that concern Digital Content are contracts for the provision of Digital Content to which the provisions of Chapter 5b of the Act of 30 May 2014 on Consumer Rights apply;
10. The provisions of Chapter 5b of the Consumer Rights Act of 30 May 2014 shall not apply to Contracts that do not concern Digital Content.

• 3.

Electronic Services

1. The basic Electronic Service provided to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a Contract with the Seller. Placing an order is not possible without having an account in the Store.
2. If the Buyer decides to create an account in the Store, the Seller also provides to the Buyer an Electronic Service consisting of creating and maintaining an account in the Store. The account shall store the Buyer’s data and the history of orders placed by the Buyer in the Shop. The Buyer logs into the Account using his or her e-mail address and a password defined by them.
3. The creation of an account in the Shop takes place by ticking the relevant checkbox in the process of placing an order or by filling in the account registration form available in the Shop. The Buyer may delete the account at any time from the account management panel (if such functionality is enabled) or by sending a relevant request to the Seller. Deleting the account does not cause deletion of information about orders placed using the account, which information will be stored by the Seller until the expiry of the statute of limitations for claims under the Agreement concluded through the Shop, unless earlier the Buyer objects to the storage of this information and the Seller does not have an overriding interest in storing it.
4. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an Electronic Service consisting of sending e-mails containing information about new products, promotions and the Seller’s Products. Subscription to the newsletter takes place by completing and submitting the newsletter subscription form or by ticking a relevant checkbox in the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button, which is visible in each message sent as part of the newsletter, or by sending a relevant request to the Seller.
5. Electronic Services are provided to the Buyer free of charge. However, Contracts for the sale of Products, which are concluded through the Shop, are chargeable.
6. In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Shop, the Seller takes technical and organisational measures appropriate to the degree of security threat to the Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
7. Seller takes steps to ensure the full proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
8. Given that the Store is an information and communication system managed by the Seller, the Seller may carry out technical and IT work aimed at developing the Store and providing Electronic Services at the highest possible level.
9. As part of the development of the Store, the Seller may, in particular:
10. add new features and change or remove existing features within the Store;
11. make the Store available on other types of devices, such as mobile devices;
12. make available an application related to the Store.

• 4.

Products

1. The Products available in the Shop relate to CFD Instruments and enable the acquisition of knowledge about CFD Instruments.
2. When purchasing Products relating to CFD Instruments, in particular including Training Services, the Buyer should be aware that:

• the Products presented are of an educational nature only and serve to familiarise the Buyers with issues related to CFD Instruments;
• the content provided in connection with the Products does not constitute investment advice or any other form of investment advice – the Seller via the Shop does not provide any services related to investing, in particular investing in CFD Instruments;
• The Buyer uses the content provided in connection with the Products at his own risk and responsibility, in particular if he uses this content himself for the purpose of investing in the capital market;
• The Seller makes no warranty or representation that the use of the Products in investment activities to be undertaken independently by the Buyer will result in any profit;
• The Seller does not guarantee that the use of the Products will meet any expectations the Buyer may have of the Products.
• 5.

Placing an order

1. The Buyer may place an order as a registered customer.
2. A registered customer is a Buyer who has an account with the Store. The Buyer may create an account by ticking the appropriate checkbox in the process of placing an order or by filling in a separate account registration form available in the Shop.
3. If the Buyer has an account with the Store, he or she should log into it before placing the order. Logging in is also possible during the order placement process – by clicking on the link available within the displayed message.
4. Placing an order takes place by filling in the order form, after the Products of interest to the Buyer have been added to the shopping cart. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the payment method for the order is also selected. Placing an order is conditional on accepting the Rules and Regulations, which the Buyer should read beforehand. In case of any doubts concerning the Terms and Conditions, the Buyer may contact the Seller.
5. The ordering process is completed by clicking on the order finalization button. Clicking on the finalise order button constitutes a declaration of intent by the Buyer leading to the conclusion of the Product Contract with the Seller.
6. The Buyer must provide true personal information in the order form. The Buyer is liable for providing false personal data. The Seller reserves the right to withhold the execution of the order in a situation where the Buyer has provided false data or where the data raises justified doubts by the Seller as to their correctness. In such a case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In such a situation, the Buyer has the right to clarify any circumstances related to the verification of the veracity of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any clarification after the Buyer has made contact.
7. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph 6.

• 6.

Pre-sale

1. The Seller may, but is not obliged to, arrange a Pre-Sale for certain types of Digital Content.
2. Digital Content included in the Pre-Sale shall be clearly marked within the Shop as Digital Content available for Pre-Sale. On the page of such Digital Content, the Seller shall indicate from which date the Digital Content is likely to be available and from which date the Digital Content is likely to be provided to Buyers.
3. For the purpose of concluding Pre-Sale Contracts, the provisions of § 5 shall apply accordingly.
4. The Seller reserves the right to change the date referred to in Paragraph 2, in particular as a result of a delay in the delivery of the Digital Content by third parties (e.g. subcontractors). The Seller shall inform the Buyers of any changes to the deadlines related to the Pre-Sale by posting information in the Store and by sending an e-mail to the address provided by the Buyer.
5. In the event that the sale of the Digital Content is not possible under the terms of the Pre-Sale (e.g. suppliers fail to deliver the appropriate quantity or types of materials, there is an increase in the price of materials, etc.), the Seller shall inform the Buyer of these circumstances.
6. If a Buyer who is a Consumer or a PNPK does not agree to an extension of the delivery date of the Digital Content or a change in the terms and conditions of sale of the Digital Content, he or she may cancel the purchase of the Digital Content and the Seller shall refund to such Buyer any payments made under the Pre-Sale.

• 7.

Price and payment

1. The available methods of payment for the order are described on the website of the Store and presented to the Buyer at the stage of placing the order.
2. If the Buyer has chosen online payment when placing an order, after clicking on the button finalizing the order will be redirected to the payment gateway operated by an external payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalising the order he will be redirected to the Shop’s page with the order confirmation and instructions for making payment. Payment for the order should be made within 7 days of placing the order. After this period, the Seller may assume that the Buyer has abandoned the purchase of the Product and cancel the order placed.
3. Electronic payments, including payment card payments, are handled by the system operators PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A. ), tpay (Krajowy Integrator Płatności S.A. with registered office in Poznań, Plac Andersa 3, 17th Floor, 61-894 Poznań,) and imoje (operated by ING Bank Śląski S.A. with registered office in Katowice). In addition, the Buyer has the option of paying by traditional bank transfer.
4. The Seller may make available to Buyers the possibility of making an E-payment, e.g. by means of a discount code, voucher or other e-coupon. In this case, the Buyer will be able to pay the Price, in whole or in part, by E-payment, in accordance with the instructions available on the order form page. It is not the Seller’s responsibility to make available the possibility of making E-payment.
5. If the Buyer requests an invoice, it will be delivered to the Buyer electronically, to the e-mail address provided in the order form.
6. All prices shown on the pages of the Store are gross prices.
7. The Seller shall be entitled to provide the Purchasers with discounts, rebates or other Price-related preferences at its own discretion, in particular within the framework of the organised promotional action. The details of promotional actions are specified in separate regulations of promotional actions. The Buyer is not entitled to claim discounts, reductions or other preferences which do not result from a promotional action.
8. In each case of informing about a reduction in the Product Price, the Seller shall, in addition to information about the reduced Price, also provide information about the lowest Product Price, which was in effect during the 30 days prior to the introduction of the reduction. If a given Product has been offered for sale for a period shorter than 30 days, the Seller shall, in addition to the information on the reduced Price, also provide information on the lowest Price of the Product, which was in effect during the period from the date of commencement of offering the Product for sale until the date of introduction of the reduction.

• 8.

Fulfilment of an order for Digital Content

1. The fulfilment of an order for Digital Content consists in the delivery of the ordered Digital Content to the Buyer.
2. The Seller shall not make the Digital Content available to the Buyer until the payment is positively authorised or the payment is credited to its bank account. The Digital Content may be transferred to the Buyer immediately after the conclusion of the Contract and payment of the order or within the timeframes specified by the Seller, depending on the type of Digital Content purchased by the Buyer.
3. The Buyer, depending on the Seller’s choice and the technical possibilities of the Shop, can access the Digital Content through:

• a link sent to the Buyer at the e-mail address indicated by the Buyer, or
• a user account to which the purchased Digital Content will be assigned, or
• the dedicated page of the Shop where the purchased Digital Content is located.

4. The information whether a given Digital Content can be downloaded by the Buyer onto his own medium is contained in the description of the Digital Content or in the instructions provided to the Buyer.
5. If the Digital Content can be downloaded by the User, the Seller may introduce a download limit for the Digital Content (e.g. the Digital Content will only be able to be downloaded 10 times). If a download limit is introduced, the Seller shall clearly indicate to the Buyer how many times the Buyer may download the Digital Content under the concluded Contract.
6. The Seller may impose time limitations on access to the Digital Content in question (e.g. access to the Digital Content in question will only be possible for 3 months). If time limitations are introduced, the Seller shall clearly indicate to the Buyer for how long the Buyer will have access to the given Digital Content under the concluded Contract. If access to the Digital Content is defined by the Seller as lifetime access, and the Buyer obtains this access via a user account, in the event of the need to terminate the user account (e.g. due to technological changes, termination of the Seller’s business), the Buyer shall be provided with the opportunity to download the Digital Content onto his own carrier within a period specified by the Seller, not shorter than 14 days, calculated from the dispatch to the Buyer’s e-mail address assigned to the user account of information about the planned termination of the user account and the opportunity to download the Digital Content onto his own carrier.
7. The Digital Content shall be deemed to have been delivered when the Digital Content or the means to access or download the Digital Content have been made available to the Buyer or to a physical or virtual device which the Buyer has independently selected for that purpose or when the Buyer or such device has accessed the Digital Content.
8. The Seller shall provide the Digital Content in the version valid on the date of delivery of the Digital Content and shall not provide Updates after the date of delivery of the Digital Content – unless it is expressly indicated in the description of the Digital Content that the Digital Content also includes Digital Content Updates at a later date.
9. Subject to fair use provisions, the Buyer may only use the Digital Content for own purposes. Under no circumstances shall the Buyer have the right to make available or sell the Digital Content or any derivation thereof under his own label, to incorporate the Digital Content or any part thereof into his own products or services that he makes available or sells, or any other similar commercial activities using the Digital Content.
10. If the Buyer wishes to use the Digital Content in one’s business or professional activity, the Buyer is obliged to request the Seller to grant a licence for the Digital Content in question by sending a message to the Seller’s e-mail address. In order to conclude such an agreement, the Buyer should request the Seller to conclude a licence agreement, informing the Seller in particular of the purposes for which he intends to use the Digital Content and the assumed duration of use. Upon receipt of such a proposal, the Seller will make an offer in accordance with its own licensing policy.
11. Where the Buyer accesses the purchased Digital Content via a user account, it is prohibited:

• Sharing your account with others or sharing your account access data with others,
• Making unauthorised attempts to access Digital Content that was not assigned to your account as a result of its purchase,
• Undertaking actions which have a negative impact on the functioning of the information and communication system in which the User account functions, in particular through various hacking techniques, malicious software, etc.
• attempting to download Digital Content onto one’s own medium, while the Seller does not provide such a possibility,
• using the User’s account for marketing activities,
• using the functions available within the User’s account in a manner that violates the personal interests of others or is contrary to good morals.

12. The Seller shall be entitled to make changes to the Digital Content during the term of the Contract, with the exception of Digital Content that is provided on a one-off basis. Changes to Digital Content that has been acquired by the Consumer or PNPK may be made subject to the following requirements:

• changes to the Digital Content may only be made for legitimate reasons, in particular such as the removal of defects, the adaptation of the Digital Content to the needs of Buyers, the adaptation of the Digital Content to legal changes or decisions of courts and authorities;
• Changes to the Digital Content must not incur costs on the part of the Consumer or PNPK;
• The Seller shall inform the Consumer or the PNPK in a clear and understandable manner of the change being made;
• if the change in the Digital Content materially and adversely affects the Buyer’s access to or use of the Digital Content, the Seller is obliged to inform the Consumer or the PNPK well in advance, not less than 7 days, on a durable medium, about the characteristics and the date of the change, as well as the rights related to these changes;
• if the change in the Digital Content materially and adversely affects the Buyer’s access to or use of the Digital Content, the Consumer or PNPK may terminate the Contract without notice within 30 days of the change in the Digital Content or the notification of the change in the Digital Content if the notification is later than the change. The Buyer shall not be entitled to this right if the Seller provides the Consumer or the PNPK, at no additional cost, with the right to keep the Digital Content complying with the Contract unchanged.

13. If the Buyer violates the rules regarding the use of the Digital Content, the Seller may block the Buyer’s access to the Digital Content. The Buyer will receive a message stating the reasons for the blocking. The Buyer may appeal the blocking within 14 days of receiving the message. The Seller will consider appeals within 14 days. The blocking of access to the Digital Content does not constitute a breach of Contract by the Seller and cannot be the basis for a claim by the Buyer for breach of Contract.
14. Digital Content may or may not be accompanied by additional benefits, such as access to a support group related to the purchased Digital Content, an online meeting with the Seller or others, etc. All such benefits are incidental to the Seller’s main obligation to provide Digital Content in accordance with the Agreement and are provided in accordance with the information available in the Store contained in the description of the Digital Content purchased. The Seller may provide additional rules for the use of additional benefits aimed at ensuring comfort and a sense of security among all persons accessing certain benefits, such as rules for participation in a support group. Failure to comply with such rules may result in deprivation of the Buyer’s ability to use the additional benefits, which, however, does not affect the Seller’s performance of its main obligation to provide the Digital Content, does not constitute a breach of the Agreement by the Seller and cannot be the basis for the Buyer’s claims for breach of the Agreement.

• 9.

Training Services

1. Training Services related to CFD Instruments shall be provided by the Vendor in the form of Webinars held live.
2. In the description of the Product related to Training Services, the Vendors shall indicate how many Webinars are included in the given Product and with what frequency they will be held.
3. Webinars will be conducted by specialists employed by the Vendor. The day and time of conducting each Webinar will be determined by the Seller in consultation with the specialist who will conduct the Webinar. The Buyer will be notified of the date and time of the Webinar via an e-mail sent to the Buyer’s e-mail address and by posting the relevant information on the Store’s website.
4. In the event that it is not possible to hold the Webinar on the originally agreed date, the Seller shall propose a new date for the performance of the Webinar. Buyers who are Consumers or PNPK may accept the new Webinar date or refuse to accept the change in the terms of performance of the Training Services and terminate the Agreement concluded with the Seller with respect to its unperformed part. In the event of effective termination of the Contract by such Buyer, the Seller shall reimburse the Buyer for the unperformed portion of the Contract no later than 7 (in words: seven) days from the date of termination of the Contract.
5. In the event that the Buyer is unable to participate in the Webinar for reasons attributable to the Buyer, it will not be possible to repeat the Webinar at the Buyer’s request. However, the Seller may provide the Buyer with a recording of the Webinar, for the Buyer to replay it.

• 10.

Withdrawal from the Agreement by the Consumer or PNPK.

1. A consumer or PNPK who has entered into a Distance Contract with the Seller, as a rule, has the right to withdraw from the Contract without giving any reason within 14 days from the date of entering into the Contract – except for the cases described in paragraph 2.
2. The right to withdraw from the Contract does not apply to the Contract:
3. For the provision of Services for which the Buyer is obliged to pay the Price, if the Seller has performed the Service in full with the express and prior consent of the Buyer, who was informed before the start of the performance that after the Seller’s performance, he will lose the right to withdraw from the Contract, and accepted it;
4. For the supply of Digital Content not delivered on a tangible medium, for which the Consumer or PNPK is obliged to pay the Price, if the Seller has begun performance with the express and prior consent of the Buyer, who was informed before the start of performance that after the Seller’s performance, he will lose the right to withdraw from the Contract, and has accepted this, and the Seller has provided the Buyer with the confirmation referred to in Article 21(2) of the Law on Consumer Rights.
5. To withdraw from the Contract, the Consumer or PNPK must inform the Seller of his decision to withdraw from the Contract by an unequivocal statement – for example, by a message sent via e-mail.
6. In order to comply with the deadline for withdrawal from the Contract, it is sufficient for the Consumer or PNPK to send information on the exercise of the Consumer’s or PNPK’s right to withdraw from the Contract before the expiry of the deadline for withdrawal from the Contract.
7. In the event of effective withdrawal from the Contract, the Seller shall return to the Consumer or PNPK all payments received from the Consumer or PNPK immediately, and in any case no later than 14 days from the date on which the Seller was informed of the exercise of the right to withdraw from the Contract. Reimbursement of payments will be made using the same means of payment that were used by the Consumer or PNPK in the original transaction, unless the Consumer or PNPK expressly agreed to a different solution. In any case, the Consumer or PNPK will not incur any fees in connection with the form of payment refund.

• 11.

Seller’s liability

1. The Seller’s liability for non-performance or improper performance of the Contract shall be limited to intentional damage. The first sentence shall not apply to Buyers who are Consumers or PNPK.
2. Any limitations and exclusions of the Seller’s liability provided in these Terms and Conditions shall not apply to damage in relation to which, in accordance with mandatory provisions of law, the Seller’s liability cannot be limited or excluded, in particular, damage caused by the Seller intentionally.

• 12.

Liability for the conformity of the Product with the Contract

1. The warranty for defects in the Products, as referred to in the provisions of the Civil Code, is excluded for Contracts that are concluded by Buyers other than the Consumer or PNPK.
2. To the Contracts that are concluded by a Consumer or PNPK, the provisions on liability for the conformity of the Products with the Contract, which are contained in the Law on Consumer Rights, shall apply, taking into account the provisions of the Terms and Conditions.
3. The Seller shall be liable to the Consumer and the PNPK for the conformity of the Product with the Contract. Conformity of the Product with the Contract shall be assessed in accordance with the provisions of the Consumer Rights Act.
4. In the case of Products:

• delivered at one time or in parts – the Seller shall be liable for the lack of conformity of the Products with the Contract, which existed at the time of their delivery and became apparent within two years from that time;
• delivered on a continuous basis – the Seller shall be liable for the lack of conformity of the Products with the Contract, which occurred or became apparent at the time when, in accordance with the Contract, they were to be delivered.

5. If the Seller delivers the Products continuously, the Products shall be in compliance for the duration of their delivery in accordance with the Contract.

• 13.

Bringing the Products into conformity with the Contract

1. If the Products are not in conformity with the Contract, the Consumer or PNPK may demand that the Products be brought into conformity with the Contract.
2. If bringing the Products into conformity with the Contract is impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Products into conformity with the Contract.
3. The Seller shall bring the Products into conformity with the Contract within a reasonable period of time, not exceeding 21 days, from the moment the Seller is informed by the Consumer or PNPK of the non-conformity of the Products with the Contract, and without undue inconvenience to the Consumer or PNPK, taking into account their nature and the purpose for which they are used.
4. The cost of bringing the Products into conformity with the Contract shall be borne by the Seller.

• 14.

Reduction of the Price or withdrawal from the Contract in case of non-conformity of the Product with the Contract

1. If the Products are not in conformity with the Contract, the Consumer or PNPK may submit a statement on reduction of the Price or withdrawal from the Contract when:

• the Seller has refused to bring the Products into conformity with the Contract in accordance with § 13.2;
• The Seller has failed to bring the Products into conformity with the Contract;
• the lack of conformity of the Products with the Contract continues, even though the Seller has tried to bring the Products into conformity with the Contract;
• the lack of conformity of the Products with the Contract is so significant that it justifies a reduction in the Price or withdrawal from the Contract without first resorting to the measures referred to in § 13.1;
• it is clear from the Seller’s statement or circumstances that he will not bring the Products into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or PNPK.

2. The reduced Price must remain in such proportion to the Contract Price as the value of the Products not in conformity with the Contract remains to the value of the Products in conformity with the Contract. If the Products are delivered in parts or continuously, the reduced Price must take into account the time during which the Products remained inconsistent with the Contract.
3. The Seller shall be obliged to return the Price due to the Consumer or PNPK immediately, but no later than within 14 days from the date of receipt of the Consumer’s or PNPK’s statement on reduction of the Price.
4. The Consumer or PNPK may not withdraw from the Contract if the Products are delivered in exchange for payment of the Price, and the lack of conformity of the Products with the Contract is immaterial. The lack of conformity of the Products with the Contract shall be presumed to be material.

• 15.

Settlement with the Consumer or PNPK in case of withdrawal from the Contract

1. When a Buyer who is a Consumer or PNPK withdraws from the Contract:

• under the rights arising from the consumer warranty for non-compliance of the Products with the Contract;
• if the Seller fails to deliver the Products, despite the Buyer’s request, provisions of this paragraph shall apply to settlements between the Parties.

2. If the Seller delivered the Product on a tangible medium, the Seller may request the return of this medium no later than 14 days from the date of receipt of the notice of withdrawal, and the Consumer or PNPK is obliged to return the medium immediately, no later than within 21 days, at the expense of the Seller.
3. The Seller shall be obliged to return the Price only in the part corresponding to the Products inconsistent with the Contract or Products in respect of which the obligation to provide them has fallen off as a result of withdrawal from the Contract. At the same time, the Seller shall not be entitled to demand payment for the time during which the Products were inconsistent with the Contract, even if the Consumer or PNPK actually used them before withdrawal from the Contract.
4. The Seller shall return the Price due to the Consumer or PNPK immediately, but no later than within 14 days from the date of receipt of the Consumer’s or PNPK’s statement of withdrawal from the Contract.
5. The Seller shall refund the Price due to the Consumer or PNPK using the same method of payment used by the Consumer or PNPK, unless the Consumer or PNPK expressly agreed to a different method of refund that does not involve any costs for the Consumer or PNPK.

• 16.

Return of User Content

1. After withdrawal from the Agreement, Seller may not use User Content, except for User Content that:

• are useful only in connection with the Digital Content;
• relate exclusively to the activity of the Consumer or PNPK in the course of using the Digital Content;
• have been combined by the Seller with other data and cannot be disconnected without undue difficulty;
• have been produced jointly with other Consumers or PNPKs who may still use them.
• at the request of the Consumer or PNPK, the Seller shall make available to such Buyer, at its expense, within a reasonable time and in a commonly used machine-readable format, the User Content that was created or provided during the use of the Digital Content. This obligation does not apply to the return of User Content referred to in paragraph 1(a) – (c).
• 17.

Personal data and cookies

1. the Seller within the framework of the Store processes personal data of Buyers and uses cookie technology.
2. details related to personal data and cookies are described in the privacy policy available at https://wiedzawartamilion.cy/polityka-prywatnosci/.

• 18.

Intellectual property rights

1. The Seller shall instruct the Buyer that all content available on the pages of the Store, Digital Content and elements of Digital Content (e.g. graphic designs) may constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, the copyrights to which are vested in the Seller or other authorized entities, as well as databases protected under the provisions on the protection of databases.
2. The Seller instructs the Buyer that the exploitation of copyrighted content or the use of databases by the Buyer without the consent of the Seller or other authorized entity, except for use within the framework of permitted use, constitutes a violation of intellectual property rights and may result in civil or criminal liability.
3. The Seller may enter into a separate license agreement with the Buyer related to the Buyer’s use of content or databases belonging to the Seller (e.g. through the use of product photographs, use of Product descriptions, etc.). In order to conclude such an agreement, the Buyer should apply to the Seller with a proposal to conclude a license agreement, informing the Seller, in particular, about the purposes for which he intends to use the content or databases belonging to the Seller, and the assumed time of use. Upon receipt of such a proposal, the Seller will make an offer in accordance with its own license policy.

• 19.

Opinions

1. Seller may provide Buyers with the opportunity to post opinions about the Store, Seller or Products – within the Store or external services belonging to third parties. In this case, the provisions of this paragraph shall apply to the posting of opinions.
2. The posting of opinions is possible after the use of the Store, in particular after the conclusion of the Agreement, and the posting of opinions is possible at any time.
3. The buyer should formulate opinions in a fair, honest and factual manner, as far as possible linguistically correct and without the use of vulgarisms and other words generally considered offensive.
4. It is prohibited to post opinions:

• without prior use of the Store;
• on Products that the Buyer has not used or has not purchased,
• fulfilling the characteristics of an act of unfair competition within the meaning of Article 3 of the Act of April 16, 1993 on combating unfair competition;
• violating the personal rights of the Seller or a third party;
• by paid users, in particular to artificially increase the rating of Products.

5. The Seller may verify at any time whether the posted reviews comply with the Terms and Conditions, and in particular whether they come from Buyers who have actually used the Products or purchased the Products. In addition, in case of any doubts of the Buyer about the posted opinions, the Buyer may report the opinion to the Seller for verification. Upon receipt of a notification from the Buyer, the Seller will take action, appropriate to its capabilities, which will be aimed at verifying the posted opinion.
6. In the case of posting an opinion that does not meet the requirements provided for in the Regulations, the Seller may refuse to publish the opinion or remove it.

• 20.

Out-of-court ways of dealing with complaints and redress of grievances

1. The seller agrees to submit any disputes arising in connection with the sale of goods to mediation. Details will be determined by the parties to the dispute.
2. The Consumer shall have the opportunity to use out-of-court means of processing complaints and claims. Among other things, the Consumer has the opportunity to:

• turn to a permanent amicable consumer court competent for the place of residence of the Buyer with a request to resolve a dispute arising from the concluded Agreement,
• turn to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Buyer and the Seller,
• use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

3. More detailed information on out-of-court complaint and redress procedures can be found by the Consumer at http://polubowne.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 businesses seeking out-of-court settlement of a dispute that relates to contractual obligations under an online sales contract or service contract.

• 21.

Complaints and summons

1. Each Buyer has the right to file a complaint in matters related to the functioning of the Store or performance of the Contract. In order to make it easier for the Consumer or PNPK to exercise their rights related to the Seller’s liability for the Product’s compliance with the Contract and liability for improper performance of the Service, the Seller has prepared a model complaint form, which the Consumer or PNPK may use. The template is available at https://wiedzawartamilion.cy/reklamacja
2. Complaints should be reported to the Seller at biuro@wiedzawartamilion.cy
3. Complaints of Buyers shall be considered on an ongoing basis, but no later than within 14 days from the date of receipt by the Seller of the complaint.
4. The response to the complaint will be sent to the Buyer to the contact provided by the Buyer when submitting the complaint.
5. If the Seller has not delivered the Products in accordance with the Contract, the Buyer may file a complaint requesting the Seller to deliver the Products. If, despite this summons, the Seller fails to deliver the Products immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Contract. The Buyer may withdraw from the Contract without calling the Seller to deliver the Products when:

it will be clear from the Seller’s statement or circumstances that the Seller will not deliver the Products;

the Parties have agreed or it is clear from the circumstances of the conclusion of the Contract that the specified date of delivery of the Products was of significant importance for the Buyer, and the Seller has not delivered the Products within this period.

• 22.

Final provisions

1. The Seller reserves the right to introduce and cancel offers, promotions and to change Prices in the Store without prejudice to the Buyer’s acquired rights, including in particular the terms of Contracts concluded before the change.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons such as changes in the law, technological changes, business changes.
3. The Terms and Conditions in effect at the time of conclusion of the Contract shall apply to Contracts for Products delivered at one time.
4. For Contracts relating to Products that are delivered through a User account (e.g., an online course with annual access), the Buyer will receive information about the change in the Terms and Conditions to the e-mail address assigned to the User account. The Buyer may terminate the Contract, within 30 days of being informed of the change, if the change in the Terms and Conditions materially and adversely affects the Buyer’s access to or use of the Products.
5. In the case of Contracts for Electronic Services, the Buyer will receive information about the change in the Terms and Conditions to the e-mail address associated with the Electronic Service in question. If the Buyer does not accept the change in the Terms and Conditions, he may terminate the Agreement with immediate effect, e.g. by deleting his account in the Store or by opting out of receiving the newsletter.
6. Any disputes related to Contracts concluded through the Store will be considered by a common court of competent jurisdiction over the place of residence / registered office of the Buyer.
7. These Terms and Conditions are effective as of ___________________.
8. All archival versions of the Regulations are available for download in .pdf format – links are provided below the Regulations.