§ 1 Preparatory provision
- The Marcin Kwiatkowski online store – courses and services, available at the website https://www.marcinkwiatkowski.com/shop, is run by Marcin Kwiatkowski conducting business under the Frodigo Marcin Kwiatkowski company registered in Poland, VAT ID: PL9151714110
- These Regulations are addressed to Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the rules and procedure for concluding Distance Sales Agreements with the Client through the Store.
§ 2 Definitions
- Consumer – a person who enters into an agreement with the Seller within the Shop, whose subject matter is not directly related to their business or professional activity.
- Seller – a person conducting business activity under the name Frodigo Marcin Kwiatkowski, registered in Poland, Tax Identification Number PL9151714110
- Client – any entity is making purchases through the Shop.
- Entrepreneur – person, legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, carrying out business activity on their behalf, who uses the Shop.
- Shop – an online shop run by the Seller at https://www.marcinkwiatkowski.com/shop
- Distance agreement – an agreement concluded with the Client within an organized system of concluding distance agreements (within the Shop), without the simultaneous physical presence of the parties, exclusively using one or more means of distance communication until the conclusion of the agreement.
- Terms and Conditions – these terms and conditions of the Shop.
- Quote cost estimate of the order from the Customer prepared by the Seller
- Order a statement of will by the Client submitted using the Order Form and aimed directly at concluding a Sales Agreement of the Product(s) with the Seller.
- Account a customer account in the Shop, where data provided by the Client and information about Orders placed by them in the Shop are stored.
- Registration Form – a form available in the Shop allows for creating an Account.
- Order Form – an interactive form available in the Shop allowing for the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – a Shop software element in which the Products selected for purchase by the Client are visible, and there is also the possibility of determining and modifying the Order data, particularly the quantity of the Products.
- Product – a digital item/service available in the Shop, which is the subject of a Sales Agreement between the Client and the Seller.
- Sales Agreement – a sales agreement of the Product concluded or to be concluded between the Client and the Seller through the online Shop. The Sales Agreement also means a service agreement and a work contract in relation to the Product’s characteristics.
§ 3 Contact with the Store
- Seller’s Address: Polna 19 Street, 55-330 Brzezina, Poland
- Seller’s Email Address: [email protected]
- The Customer may communicate with the Seller using the addresses provided in this paragraph.
§ 4 Technical requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
- An end device with access to the Internet and an internet browser such as Google Chrome, MS Edge, Firefox, or Safari.
- An active email account.
- Enabled support for cookies.
§ 5 General information
- The Seller is not liable to the fullest extent permitted by law for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
- Browsing the Store’s assortment does not require creating an Account. Placing orders to the Customer for Products available in the Store’s assortment is possible by providing the necessary personal and address data to fulfill the order without creating an Account.
- The prices given in the Store are provided depending on the currency chosen by the customer. The available currencies are Polish zloty, Euro, and US dollar, and they are net prices (without VAT).
- The final amount to be paid by the Customer consists of the price of the Product and the cost of the tax, which the Customer is informed about on the Store’s pages during the ordering process, including at the time of expressing their will to be bound by the Sales Agreement.
§ 6 Ordering rules
Steps that need to be done to place an order
- Choose the product that is the subject of the order, configure the product if it is a personalized product, and then click the “Add to cart” button (or equivalent);
- Go to the cart and place an order by selecting the “Pay with Google Pay” option or go to the order form by clicking the “Proceed to checkout” button.
- Fill out the order form by entering the recipient’s order information, billing address, and credit card information.
- Click the “Order and pay” / “Buy and pay” button.
Steps that need to be done to request a quote:
- Go to the selected product page.
- Click the “Ask for a quote” button.
- Fill out the valuation form with your name, email address and describe the order.
- Click the “Send quote/place quote” button.
§ 7 Payment methods
- The customer may use the following payment methods:
- Payment by debit or credit card.
- Payment through Google Pay.
- Payment through Apple Pay
- Payment by Przelewy 24 (P24)
§ 8 Execution of the sales agreement
- The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the order form in the Online Store or by sending a request for a quote and accepting the quote prepared by the seller in accordance with § 6 of the Regulations
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The Seller makes confirmation of the receipt of the Order and its acceptance for implementation by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller’s statements about receiving the Order and accepting it for implementation, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded upon the Customer’s receipt of the above e-mail message.
- In the case of the Customer’s choice:
- electronic payments or payment by payment card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement. Otherwise, the order will be canceled.
- In the case of ordering Products with different implementation dates, the implementation date is the longest specified date.
- The beginning of the implementation period for the Product to the Customer is counted in the following way:
- In the case of the Customer choosing the electronic payment or payment card method – from the day of crediting the Seller’s bank account.
- In the case of ordering Products with different readiness dates for collection, the Customer has the option of collecting the Products in parts (according to their readiness for collection) or collecting all Products after completing the entire order.
§ 9 Right of withdrawal from the agreement
- By placing an order, the Consumer agrees to the immediate performance of the service and delivery of digital content and acknowledges that upon their delivery, they will lose the right to withdraw from the contract.
- The Consumer may withdraw from the contract before the Seller performs the order.
- The Consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller.
- The statement may be emailed to the address in § 3 of these Regulations.
- In the case of sending the statement electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal to the email address provided by the Consumer.
- The effects of withdrawal from the contract:
- In the event of withdrawal from a distance contract, the contract is considered null and void.
- In the event of withdrawal from the contract, the Seller shall immediately, no later than 14 days from receipt of the Consumer’s statement of withdrawal from the contract, refund all payments made by the Consumer.
- The Seller shall make the refund using the same payment methods as those used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to a different solution that will not entail any costs for them.
- The right to withdraw from a distance contract does not apply to the Consumer in relation to a contract:
- for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the provision of the service that upon its performance by the Seller, they will lose the right to withdraw from the contract,
- for the delivery of digital content that is not recorded on a tangible medium if the provision of the service has begun with the express consent of the Consumer before the expiry of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the contract.
§ 10 Complaints and refund policy
- The consumer may file a complaint if the product does not meet their expectations.
- Complaints should be submitted electronically to the address provided in § 3 of these Regulations.
- The Seller will respond to the complaint request immediately, no later than within 14 days, and if they fail to do so within this period, it is considered that the customer’s request was justified.
- A full refund will be considered for the following reasons:
- The customer’s order cannot be fulfilled;
- The consumer’s order cannot be fulfilled.
- The consumer’s request to cancel the order is received before work on the Product has begun (applies to services).
- The consumer’s request to cancel the order is received before using the Product (applies to digital products).
- A partial refund will be considered for the following reasons:
- The consumer is legitimately disappointed with the quality of the Product and provides exhaustive evidence/explanation of the matter;
- The delivery deadline for the Product by the Seller has been exceeded.
§ 11 Personal data
- The Seller is the administrator of customers’ personal data collected through the Online Store.
- Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of implementing the Sales Agreement and if the Customer agrees – also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
- In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
- The Customer has the right to access and correct their data.
- Providing personal data is voluntary. However, failure to provide the personal data necessary to conclude the Sales Agreement as indicated in the Regulations results in the inability to conclude the agreement.
§ 12 Intellectual Property
- In the case where the Product is an item manufactured by the Seller on the individual order of the Consumer, the Seller transfers all rights, title, and interest of the Seller in any intellectual property created, discovered, invented, authored, or developed by the Seller.
§ 13 Final provisions
- Agreements concluded through the Online Store are made in English.
- The place of performance of services is Poland.
- The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of any changes with at least 7 days’ notice.
- In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights, and the Act on the Protection of personal data.
- The Customer has the right to use out-of-court complaint and redress mechanisms. To this end, he may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.