Terms and Conditions of the Online Store

Introduction

The online store available at https://dimequesiacademy.com/pl/ is operated by Izabela Filipowska, conducting business under the name Izabela Filipowska DIME QUE SÍ Spanish Academy, located at ul. Paderewskiego 7, apt. 41, 97-400 Bełchatów, NIP: 7692075778, REGON: 529071039, registered in the Central Register and Information on Economic Activity maintained by the Minister of Economy.

Seller’s contact details:

Email address: dimequesiacademy@gmail.com,
Phone: +48 514149841 .

This document (which also serves as the terms and conditions in accordance with the Act of July 18, 2002, on the provision of electronic services) hereinafter referred to as the “Regulations”, defines the types and scope of services provided electronically via the online store, the rules for concluding sales contracts via the online store, the rules for their execution, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawing from the contract and the complaint procedure.

§1. Definitions

Order Form – a form available in the online store that enables a purchase.
Customer – a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by law, concluding a contract with the Seller.
Consumer – a natural person making a legal transaction with the Seller not directly related to their business or professional activity.
Newsletter – a service that allows subscribing to and receiving free information about the Seller’s products and promotions electronically.
Product – digital content, including an electronic publication (ebook) not recorded on a tangible medium, intended for download and playback on the Customer’s end device, being a digital form of works within the meaning of intellectual property law.
Online Store – the online store available at https://dimequesiacademy.com/pl/.
Seller – Izabela Filipowska conducting business under the name Izabela Filipowska DIME QUE SÍ Spanish Academy, NIP: 7692075778, REGON: 529071039.
Sales Agreement – a distance contract between the Customer and the Seller via the online store, concerning the purchase of a Product.
Service – electronic services provided by the Seller via the online store. 10. Order – a declaration of the Customer’s will, aimed directly at concluding a Sales Agreement with the Seller.

§2. General Provisions

The Seller undertakes to provide services to the Customer within the scope and under the conditions specified in the Regulations.
Provisions concerning the consumer contained in these Regulations apply to a natural person concluding a contract directly related to their business activity, if the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity.
The Customer undertakes to use the online store in accordance with the applicable laws and social coexistence rules.
The Customer using the Seller’s services is obliged to comply with these Regulations.
The Seller adheres to the principles of personal data protection of Customers provided for by the Regulation of the European Parliament and the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
The Customer agrees to the collection, storage, and processing by the Seller of their personal data for the purpose of fulfilling the ordered service. Detailed conditions for the collection, processing, and protection of personal data by the Seller are specified in the “Privacy Policy” of the online store.
Information about the Product on the online store’s website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code Act of April 23, 1964.
All prices listed on the online store’s website are in Polish zlotys (PLN), are gross prices including VAT, customs duties, and other components.
The Seller reserves the right to change the prices of Products available in the online store, introduce new Products, as well as conduct and cancel promotional campaigns or modify ongoing promotions. In the case of promotional campaigns involving a temporary price reduction, the Seller will indicate the previous lowest price of the Product on the Product page that was in effect in the 30 days before the promotion. The discount scale will be set in relation to the lowest indicated price.
It is prohibited to provide illegal or offensive content by the Customer. The Customer is obliged to use the Seller’s websites in a manner that does not disrupt their functioning, especially by not using specific software (including malware) or devices.
Specific threats related to the use of electronic services include the possibility of unauthorized persons accessing data transmitted over the network or stored on network-connected computers and interfering with this data, which may result in, among other things, its loss, unauthorized change, or inability to use services offered via the online store.

§3. Services and General Terms of Service

The Seller provides electronic services via the online store by:

Providing information about the offer and Products on the online store’s website.
Enabling the completion of an order form to conclude a sales agreement.
Sending Customers information about promotions and Products in the form of a “Newsletter.”

The services specified in point 1 are provided free of charge.
The contract for the provision of electronic services in the form of enabling the completion of an order form is concluded with the Customer for a definite period when they start completing the form and is terminated upon resignation from completing the form or upon sending the completed form to the Seller.
The contract for the provision of electronic services in the form of the “Newsletter” is concluded for an indefinite period when the Customer subscribes to the “Newsletter” service using the functionality available on the online store’s website and is terminated upon the Customer’s termination of the contract according to the rules specified in the Regulations or upon unsubscribing from the mailing list using the hyperlink (link) contained in the Newsletter messages.
Technical requirements necessary to use the services provided by the Seller:

A device with Internet access.
An internet browser supporting Cookies.
Access to email.

The Customer bears the costs associated with Internet access and data transmission according to the tariff of their Internet service provider.

§4. Sales Agreement

The Seller enables the placement of orders for Products available in the online store via the Order Form available in the online store 24 hours a day, 7 days a week.
To place an order via the Order Form, the Customer selects the Product available in the online store, optionally specifying the features of the ordered Product. After selecting the Product (adding the Product to the “cart” using the functionality available in the online store), the Customer completes the Order Form, indicating the data necessary for the Seller to fulfill the order, and then confirms the order placement using the “Buy and pay” button.
After receiving the order, the Seller sends the Customer an email to the email address provided during the order placement, confirming the order. At the moment of receiving the message by the Customer, the sales agreement is concluded.
The order confirmation message contains the agreed terms of the sales agreement, in particular, the type of ordered Product, the total price to be paid, and the amount of granted discounts (if applicable).

§5. Order Fulfillment

The Seller fulfills orders in the order they are received (considering §6, point 3 of the Regulations).
Orders are fulfilled immediately, but no later than within 24 hours of receiving the payment by the Seller.
The order fulfillment consists of sending the Product to the email address provided by the Customer during the order placement as an attachment or a link enabling the download and saving of the Product on the Customer’s end device.
The Product is made available to the Customer under the terms of the license specified in §14 of the Regulations.

§6. Payment Methods

The Seller enables payment in advance:

Via the Przelewy24 system operated by PayPro S.A. ul. Kanclerska 15, 60-327 Poznań, in accordance with the system’s regulations (https://www.przelewy24.pl/regulamin).
Via the PayPal electronic payment system, operated by PayPal (Europe) based in Luxembourg.

The Customer is obliged to make the payment immediately after placing the order. In the absence of payment, the order may be canceled, and the Seller is entitled to withdraw from the contract.
The Seller proceeds to fulfill the order upon receiving positive transaction authorization information from the electronic payment system operator.
The purchase proof is delivered to the Customer along with the Product or electronically to the email address provided by the Customer during the order placement. B By placing an order for Products offered via the online store, the Customer agrees to receive invoices electronically without the issuer’s signature.
In the event of the need to refund funds for a transaction made by the Customer with a payment card, the Seller will refund the funds to the bank account assigned to the Customer’s payment card.

§7. Product Complaints

The Seller is responsible for the lack of conformity with the contract of digital content or digital services delivered once or in parts, which existed at the time of their delivery and manifested within two years from that moment. It is presumed that the lack of conformity of digital content or digital services with the contract, which manifested before the expiration of one year from the time of their delivery, existed at the time of their delivery.
The Customer, who is a consumer, has the right to lodge a complaint within two years from the date of discovering the lack of conformity of the Product with the contract.
The complaint should be sent to the Seller’s email address: dimequesiacademy@gmail.com or to the Seller’s address provided in the Regulations.
The complaint should contain:

Customer’s details: name, surname, address, email address.
Order number.
Description of the subject of the complaint.
Circumstances justifying the complaint.

The Seller will consider the complaint within 14 days from the date of its receipt and inform the Customer about the decision.
In the event of a positive consideration of the complaint, the Seller will repair or replace the Product free of charge or refund the paid amount to the Customer, depending on the Customer’s choice.

§8. Withdrawal from the Sales Agreement

The Client who is a consumer, in connection with Article 27 of the Act of May 30, 2014, on consumer rights, has the right to withdraw from a distance contract without giving any reason.
The provisions regarding the consumer contained in this chapter apply to a natural person concluding a contract directly related to their business activity, where the content of this contract indicates that it does not have a professional character for this person, especially considering the subject of the business activity performed by them, as provided based on the regulations on the Central Register and Information on Economic Activity.
The right to withdraw from the contract is available within 14 calendar days from the moment the Product is taken into possession by the Client.
The right to withdraw from the contract does not apply to the Client in relation to contracts specified in Article 38 of the Act of May 30, 2014, on consumer rights, including, among others, the contract for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the explicit consent of the consumer before the withdrawal period has expired and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

§9. Withdrawal from the Agreement and Complaint Procedure Regarding Electronic Services

In the case of contracts for the provision of electronic services of a continuous and indefinite nature (Newsletter), the Client has the right to terminate the contract. The Client may terminate the contract with immediate effect and without giving any reason by sending a termination statement to the email address dimequesiacademy@gmail.com.
The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of the Client’s violation of the provisions of these Terms and Conditions.
In the event of non-performance or improper performance by the Seller of services provided via the Online Store, the Client is entitled to file a complaint electronically to the address dimequesiacademy@gmail.com.
A properly submitted complaint should contain the Client’s identification (name and surname or company name, residence address or company headquarters address, and email address), the subject of the complaint along with an indication of the period to which the complaint relates, and circumstances justifying the submission of the complaint.
The Seller shall consider the complaint within 14 calendar days from the date of receiving the complaint.

§10. Provisions for Entrepreneurs

The provisions of this paragraph apply exclusively to Clients who are not consumers within the meaning of Article 22¹ of the Civil Code.
The provisions of this paragraph do not apply to sales contracts if the buyer is a natural person concluding a contract directly related to their business activity, where the content of this contract indicates that it does not have a professional character for this person, especially considering the subject of the business activity performed by them, as provided based on the regulations on the Central Register and Information on Economic Activity.
The Seller reserves the right to withdraw from the sales contract at any time if the Product has not been made available to the Client or a third party acting on behalf of the Client. The Seller’s withdrawal from the contract does not entitle the Client to any claims against the Seller.
Pursuant to Article 558 of the Civil Code, in the case of the sale of the Product to a Client who is not a consumer, the Seller’s liability for warranty is excluded.
Pursuant to Article 548 §1 of the Civil Code, at the moment of issuing the Product by the Seller to the Client or a third party indicated by the Client, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client.
The Seller’s liability towards the Client is limited exclusively to the actual damages suffered by the Client in connection with the improper performance of the contract by the Seller, and the Seller’s liability is limited to an amount not exceeding the value of the order placed by the Client.

§11. Client’s Responsibility for Content Posted by Them

If the functionalities available in the Online Store allow the Client to post and share any content (text, graphic, etc.), the Client voluntarily disseminates the content. The posted content does not express the views of the Seller and should not be associated with their activities. The Seller is not a content provider but only an entity providing appropriate telecommunication resources for this purpose.
The Client declares that:

hey are authorized to use the content, and its posting and sharing have been done legally, voluntarily, and with the consent of authorized persons;
they consent to the content being viewed by other Clients and the Seller.

The Client is not authorized to post personal data of third parties and disseminate the image of third parties without the required legal permission or consent of the third party.
It is prohibited for Clients to post content:

inciting the commission of a prohibited act or praising the commission of such an act,
offending the religious feelings of others by insulting an object of religious worship or a place designated for religious purposes,
defaming another person, group of people, institutions, legal entities, or other entities for behavior or characteristics that may degrade them in public opinion or expose them to the loss of trust needed to perform a given profession, activity, or hold a specific position,
nsulting or slandering other people, as well as violating their good name,
promoting or inciting hatred based on race, nationality, ethnicity, religion, or sexual orientation,
infringing copyright and/or related rights of third parties,
of an unlawful nature,
containing malicious software or intended for phishing,
of a promotional, advertising nature, or containing information about competitive activities concerning the Seller.
Upon receiving a notification in accordance with §12 of the Terms and Conditions, the Seller reserves the right to modify or delete content posted by Clients, especially concerning content that, based on third-party reports or relevant authorities, may constitute a violation of these Terms and Conditions or applicable law. The Seller does not conduct ongoing control of the posted content.

he Client consents to the free use of the content posted by them by the Seller within the Online Store Website.

§12. Reporting Threats or Violations of Rights

A Client who considers the content published in the Online Store to be illegal or violating the Terms and Conditions may send a notification regarding this content to the Seller’s email address.
If the notification contains the Client’s electronic contact details, the Seller shall promptly send the Client confirmation of receiving the notification.
The Seller shall consider the notification and make a decision regarding the content to which the notification relates within 7 to 21 days, depending on the complexity of the case.
The Seller shall promptly inform the Client of the decision made. The Seller’s decision may involve moderating the content, removing the content, or leaving the content in the Online Store.
The Client may appeal the Seller’s decision within 6 months of receiving it. The appeal should contain a comprehensive justification. The Seller shall consider the appeal within 21 days.
If the Seller receives any information giving grounds to suspect that a crime threatening the life or safety of a person or persons has been, is being, or may be committed, they shall immediately inform the law enforcement or judicial authorities of the interested Member State or Member States and provide all available information on the matter.

§13. Seller’s Liability

The Seller is not responsible for the Client’s entry of incorrect data (especially by providing incorrect data in the forms available on the site) or for the Client’s actions in a manner that hinders or prevents the provision and implementation of services by the Seller.
The Seller is not responsible for the consequences of the Client’s use of the Online Store in a manner inconsistent with the provisions of the Terms and Conditions, applicable law, and the applicable principles of social coexistence or customs.
The Seller reserves the right to suspend or terminate the provision of specific functionalities of the Online Store due to the need for maintenance, review, or expansion of the technical base or software. The suspension or termination of specific functionalities of the Online Store may not violate the Client’s rights.

§14. Copyright. License

All content posted on the Online Store’s website (including graphics, texts, page layout, and logos) is protected under copyright law and is the exclusive property of the Seller. The use of this content without the Seller’s written consent results in civil and criminal liability.
A Client purchasing a Product does not acquire property rights or related rights to it, subject to section 3. 3.
A Client purchasing a Product acquires a perpetual, non-exclusive, and territorially unrestricted license to use the Product for non-commercial purposes, including printing the Product and fixing it on a tangible medium for personal use.
The Client is not entitled to disseminate the Product (whether for a fee or free of charge), including making the Product available in any way, especially using the Internet or data carriers, whether in whole or in part or in a modified form.
The Client is not entitled to grant sublicenses. The transfer of rights or obligations from the license requires the prior explicit consent of the Seller.

§15. Final Provisions

The Seller reserves the right to amend these Terms and Conditions. The Seller shall inform about changes to the Terms and Conditions on the Online Store’s website at least 14 calendar days before the changes take effect. Changes to the Terms and Conditions do not apply to Clients who placed an order during the validity of the previous version of the Terms and Conditions. The change in the Terms and Conditions during the term of a continuous contract binds the other party if the requirements specified in Article 384 of the Civil Code have been met, and the party did not terminate the contract within the 14-day notice period.
In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law apply.
The Client has the opportunity to use out-of-court methods for handling complaints and pursuing claims arising from orders placed in the Store. These include: in the event of a dispute over property rights arising from sales and service contracts, submitting a request for the case to be heard by the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection; submitting a request to the Provincial Inspector of Trade Inspection in Łódź to undertake actions aimed at out-of-court resolution of the dispute under the Act of September 23, 2016, on out-of-court consumer dispute resolution, Journal of Laws of 2016, item 1823, (http://www.katowice.wiih.gov.pl/).
Regardless of section 3, the Client may seek assistance from the municipal (district) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
The Client who is a consumer may also use the electronic method of resolving disputes with the Seller through the ODR platform available at http://ec.europa.eu/consumers/odr/.
Disputes arising from the provision of services under these Terms and Conditions shall be submitted for resolution:

to the common court of the Client’s choice in accordance with the relevant provisions of Polish law if the Client is a consumer,
to the common court competent according to the Seller’s registered office if the Client is not a consumer.

Attachments to the Terms and Conditions are an integral part of it.

The Terms and Conditions come into effect on July 25, 2024.