Terms and Conditions

Hello!

Here are the Terms and Conditions of the jakubjacek.pro shop, which set out in detail how our shop operates and govern the rules of Customer service. The document contains information on, among other things, how to place an order leading to the conclusion of a contract, the details of performing the concluded contract, the payment methods available in the shop, the procedure for withdrawing from the contract and the complaints procedure.

The shop is operated and the goods are sold by Moonwise Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk, at Al. Grunwaldzka 472, 80-309 Gdańsk, entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000881568, holding tax identification number (NIP) 8792729470.

If you have any questions or concerns, we are at your disposal at kontakt@jakubjacek.pro and on telephone number +48 696 416 074.

Best regards and happy shopping
the jakubjacek.pro online shop team

§ 1
Definitions

For the purposes of these Terms and Conditions, the following terms have the meanings given below:

1)    Buyer – a natural person, a legal person or an organisational unit without legal personality,

2)    Consumer – a natural person who concludes with the Seller a sales contract not directly related to their business or professional activity,

3)    Terms and Conditions – these Terms and Conditions, available at https://jakubjacek.pro/en/terms,

4)    Shop – the online shop operating at https://jakubjacek.pro,

5)    Seller – Moonwise Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk, at Al. Grunwaldzka 472, 80-309 Gdańsk, entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000881568, holding tax identification number (NIP) 8792729470,

6)    Course – online training material prepared by the organiser and made available by the organiser on a dedicated course platform for self-study,

7)    E-book – online educational material prepared by the organiser and made available for download as a PDF file.

§ 2
Preliminary provisions

1.     Through the Shop, the Seller conducts retail sales while also providing electronic services to Buyers. Through the Shop, the Buyer may purchase the products displayed on the Shop’s pages.

2.     These Terms and Conditions set out the rules and conditions for using the Shop, as well as the rights and obligations of the Seller and the Buyers.

3.     Using the Shop, including in particular making a purchase in the Shop, does not require the Buyer’s computer or other device to meet any special technical requirements. The following are sufficient:

1)    access to the Internet,

2)    a standard operating system,

3)    a standard web browser,

4)    an active e-mail address.

4.     The Buyer may not make purchases in the Shop anonymously or under a pseudonym.

5.     When using the Shop, it is prohibited to provide unlawful content, in particular by sending such content via the forms available in the Shop.

6.     All product prices shown on the Shop’s pages are gross amounts.

§ 3
Services provided electronically

1.     Through the Shop, the Seller provides electronic services to the Buyer.

2.     The basic electronic service provided by the Seller to the Buyer is enabling the Buyer to place an order in the Shop leading to the conclusion of a contract with the Seller. An order can be placed without having an account in the Shop.

3.     Electronic services are provided to the Buyer free of charge. Sales contracts concluded through the Shop, however, are subject to payment.

4.     To ensure the security of the Buyer and of data transmission in connection with the use of the Shop, the Seller takes technical and organisational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.

5.     The Seller takes steps to ensure that the Shop functions fully and correctly. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Shop.

6.     The Buyer may submit any complaints relating to the functioning of the Shop by e-mail to kontakt@jakubjacek.pro. In the complaint, the Buyer should state their full name and correspondence address, and describe the type and date of the irregularity relating to the functioning of the Shop. The Seller will consider all complaints within 14 days of receipt and will inform the Customer of the outcome at the e-mail address of the person who submitted the complaint.

§ 4
Placing an order

1.     The Buyer may place an order as a guest.

2.     An order is placed by completing the order form after first adding the products the Buyer is interested in to the basket. The form requires the data necessary to process the order and the choice of payment method. A condition for placing an order is acceptance of the Terms and Conditions, which the Buyer should read beforehand. In case of any doubts regarding the Terms and Conditions, the Buyer may contact the Seller.

3.     The ordering process ends with clicking the button that finalises the order. Clicking the button that finalises the order constitutes the Buyer’s declaration of intent leading to the conclusion of a sales contract with the Seller.

4.     After clicking the button that finalises the order, the Buyer will be redirected to a payment gateway operated by an external payment operator in order to pay for the order.

5.     The Buyer must provide true personal data in the order form. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the processing of an order if the Buyer has provided false data or if the data raise the Seller’s justified doubts as to their correctness. In such a case, the Buyer will be informed of the Seller’s doubts by telephone or by e-mail. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. If there are no data enabling the Seller to contact the Buyer, the Seller will provide all explanations once the Buyer makes contact.

6.     The Buyer declares that all data provided by them in the order form are true; the Seller is not obliged to verify their truthfulness and correctness, although it has the right to do so in accordance with section 5 above.

7.     Appreciating the efforts of a Customer who has read the Terms and Conditions this far, the Seller informs that by using the discount code “czytamregulaminy” the Customer may obtain preferential order terms.

§ 5
Delivery and payment

1.     The available methods of delivering the order are described on the Shop’s website and presented to the Buyer when placing the order.

2.     The available methods of paying for the order are described on the Shop’s website and presented to the Buyer when placing the order.

3.     Electronic payments, including card payments, are handled by:

3.1.  PayU S.A. with its registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 186, entered in the register of entrepreneurs kept by the District Court Poznań-Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register, under KRS number 0000274399, share capital 4,944,000 zł (fully paid up), tax identification number (NIP) 7792308495,

3.2.  Stripe Payments Europe, Limited with its registered office in Ireland, The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, tax identification number IE513174.

4.     If the Buyer has requested an invoice, it will be delivered to the Buyer electronically to the e-mail address provided in the order form.

§ 6
Order fulfilment

1.     Once the order placed by the Buyer has been paid for, an order confirmation will be sent to the Buyer’s e-mail address.

2.     The order is deemed fulfilled when the Buyer is sent, by e-mail, information on how to log in to the Course or when the E-book is made available.

3.     The order is fulfilled immediately after payment is made, unless the product page states otherwise.

4.     After the order has been fulfilled, the Seller will send a confirmation of order fulfilment to the Buyer’s e-mail address.

§ 7
Use of the materials provided

1.     Using the course platform requires computer equipment meeting the following technical requirements: a computer with an Internet connection and a graphical web browser that supports JavaScript (Google Chrome, Mozilla Firefox, Opera) and cookies.

2.     The Seller is not responsible for an inappropriate configuration of the User’s computer.

3.     The Seller is not responsible for cases where the Participant does not take part in the Course as a result of hardware problems with the Participant’s computer.

4.     Using the course resources may require prior logging in with the login credentials, i.e. the password and login, provided by the Seller.

5.     The course User studies the training materials independently.

6.     All information and training materials published on the Platform’s pages are legally protected, and their use for commercial purposes is not permitted and will be treated as copyright infringement.

7.     One purchased access to a Course or E-book may be used by one person only.

8.     The Participant is entitled to use the course solely for their own use. In particular, it is prohibited to make the Materials available to third parties in any form.

§ 8
Consumer’s withdrawal from the contract

1.     A Consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days of the day on which they took possession of the purchased items.

2.     From 01.01.2021, the right to withdraw from the contract on the terms described in this paragraph and arising from the Act on Consumer Rights also applies to a natural person concluding a contract with the Seller directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG). Accordingly, wherever this paragraph refers to the rights of the Consumer, from 01.01.2021 these rights also apply to a person meeting the above criteria.

3.     In accordance with Article 38(1) of the Act on Consumer Rights, the right to withdraw from the contract does not apply to a contract:

3.1.  for the supply of digital content not stored on a tangible medium, if performance began with the Consumer’s express consent before the expiry of the withdrawal period and after the Seller informed the Consumer of the loss of the right of withdrawal.

3.2.  for the purchase of a ticket to an event or participation in training, if the contract specifies the date or period of service provision.

4.     To withdraw from the contract, the Consumer must inform the Seller of their decision to withdraw by means of an unequivocal statement – for example, a letter sent by post or by e-mail.

5.     To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of their right of withdrawal before the withdrawal period expires.

6.     The Consumer must return the product to the Seller or hand it over to a person authorised by the Seller to collect it without undue delay, and in any event no later than 14 days from the day on which they withdrew from the contract, unless the Seller has offered to collect the item itself. The deadline is met if the product is sent back before it expires.

7.     The Consumer bears the direct cost of returning the product.

8.     In the event of withdrawal from the contract, the Seller will refund to the Consumer all payments received from the Consumer, including the cheapest delivery cost available in the Shop (if the cost was borne by the Consumer), without undue delay and in any event no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal. The refund will be made using the same means of payment as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise. In any event, the Consumer will not incur any fees as a result of the method of refund.

9.     The Consumer is liable for any diminished value of the product resulting from handling the product beyond what is necessary to establish its nature, characteristics and functioning.

§ 9
Complaints

1. In the event of problems with logging in to the course Platform or with access to ordered and paid-for training, the User should notify the Organiser without delay by e-mail at kontakt@jakubjacek.pro

2.     A correctly submitted complaint should contain at least the following information:

1)    identification of the Customer: first name, surname and e-mail address; in the case of legal persons: name, postal address and details of the person authorised to handle matters related to the complaint, together with their e-mail address;

2)    a description of the problem giving rise to the complaint.

3.     The User has the right to request withdrawal from the contract and a refund. The request, together with a justification, should be sent to kontakt@jakubjacek.pro.

4.     The Organiser considers each request for withdrawal from the contract individually. The final decision on accepting the complaint and refunding the money rests with the Organiser.

5.     Complaints concerning services will be considered within 14 working days of receipt at kontakt@jakubjacek.pro.

The Organiser is not liable for damage not caused through its fault.

§ 10
Personal data and cookies

1. The rules for processing personal data and using cookies are set out in the Privacy Policy available at: https://jakubjacek.pro/en/privacy-policy.

§ 11
Intellectual property rights

1.     The Seller hereby advises the Buyer that the content available on the Shop’s pages and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the copyright in which belongs to the Seller.

2.     The Seller hereby advises the Buyer that further distribution by the Buyer of copyright-protected content without the Seller’s consent, except for use of the content within the scope of permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.

§ 12
Out-of-court complaint handling and redress procedures

1.     The Organiser makes every effort to ensure the correct operation of the Platform.

2.     The Organiser reserves the right to shut down the service fully or partially for an indefinite period for the purpose of upgrading or repairing it.

3.     Using the service is equivalent to accepting these Terms and Conditions; a user who does not accept them should not use the service.

4.     The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation. The details will be determined by the parties to the dispute.

5.     The Consumer may use out-of-court complaint handling and redress procedures. Among other things, the Consumer may:

1)    apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded sales contract,

2)    apply 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,

3)    seek assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.

6.     More detailed information on out-of-court complaint handling and redress procedures is available to the Consumer on the website https://polubowne.uokik.gov.pl.

§ 13
Final provisions

1.     The Seller reserves the right to introduce and withdraw offers and promotions and to change the prices of products in the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.

2.     The Seller reserves the right to amend the Terms and Conditions without prejudice to the rights acquired by the Buyer under contracts concluded before the amendment. Buyers who have a registered user account will be informed of any amendment to the Terms and Conditions by a message sent to the e-mail address assigned to the user account. If the Buyer does not accept the new Terms and Conditions, they may request the deletion of their user account free of charge.

3.     Any disputes relating to contracts concluded through the Shop will be resolved by the Polish common court having jurisdiction over the Seller’s permanent place of business. This provision does not apply to Consumers, for whom jurisdiction is determined in accordance with general rules. From 01.01.2021, this provision also does not apply to a natural person concluding a contract with the Seller directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG) – for such a person, jurisdiction is determined in accordance with general rules.

4.     These Terms and Conditions are effective from 01.05.2022.

5.     All archived versions of the Terms and Conditions are available for download in .pdf format – the links are below the Terms and Conditions.