Terms and Conditions

Terms and Conditions

Regulations of sale and provision of services

The online store available at https://bandurska.com/ is made available by the Seller on the terms set out in this document constituting the regulations under the Act of 18 July 2002 on the provision of electronic services (hereinafter referred to as the “Regulations”).

Seller’s contact details:

These Regulations define the rules for using the Store, the types of services provided through the Store, the rules for the provision of services and the conclusion of sales contracts, as well as the rights and obligations of Customers and the Seller. Getting acquainted with these Regulations is the obligation of every Customer of the Store.

§1. Definitions

  1. Store – an online store operating at https://bandurska.com/.
  2. Seller – Joanna Bandurska running a business under the name Akademia Metamorfoz Joanna Bandurska at the address of ul. 1 Maja 94, 40-240 Katowice, NIP: 6282226510, REGON: 123230207, entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity kept by the minister competent for economy.
  3. Customer – an entity that uses the Services or other Seller’s offer.
  4. Service – services provided electronically via the Store.
  5. Paid Service – a service provided by the Seller for a fee in accordance with the Customer’s order.
  6. Ebook – an electronic publication that the Customer purchases via the Online Store.
  7. Customer account – a collection of resources in the Seller’s ICT system, in which information about the Customer is collected, including personal data and order history.
  8. Newsletter – a service that allows you to subscribe to and receive electronically free information about the Seller’s services and promotions.

§2. General provisions

  1. The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.
  2. The Customer undertakes to use the Online Store in accordance with the rules set out in the Regulations, applicable law and principles of social coexistence.
  3. Using the Store and Services, including Paid Services, means that the Customer has read the conditions set out in the Regulations and the Privacy Policy. The Customer placing an order for a Paid Service or using the Seller’s other offer is obliged to submit a declaration of acceptance of the content of the Regulations using the functionality available when placing the order (selection box).
  4. The Seller complies with the principles of protection of Customers’ personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons 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 of personal data by the Seller in order to provide the service. Detailed rules for the processing of Customers’ personal data are set out in the Store’s Privacy Policy.
  5. It is forbidden for the Customer to provide the Store with illegal or offensive content.
  6. Particular risks related to the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on computers connected to the network and interfering with this data.
  7. The provisions of the Regulations regarding consumers shall apply accordingly to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person.

§3. General Terms of Service

  1. The Seller provides publicly available and free services through the Store, consisting in particular in enabling the Customer to access the Store.
  2. Through the Store, the Seller enables placing an order for Paid Services or Ebooks available in the current offer.
  3. The Seller provides a free service of the “Newsletter” type.
  4. The information on the Store’s website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
  5. All prices given on the Store’s website are gross prices.
  6. The Seller reserves the right to make changes to the prices available in the Store.
  7. Technical requirements: device with Internet access, a web browser that supports cookies, access to e-mail.

§4. Registration in the Online Store

  1. Registration is made by the Customer by correctly completing the registration form available on the Store’s website.
  2. When completing the registration form, the customer is obliged to provide only true information.
  3. By registering in the Store, the Customer confirms that he has read these Regulations and accepts its provisions.
  4. The Customer may only have one account within the Store.
  5. The Customer is prohibited from transferring data enabling access to the Store to third parties.
  6. The Customer bears sole responsibility for disclosing to other persons the data enabling logging in to the Store.
  7. In the case of notorious violation of the provisions of these Regulations, the Seller reserves the right to block access to the account or delete it.
  8. Having a customer account is not required to use the Seller’s offer.

§5. Paid Service Order

  1. Through the Store, the Seller provides Customers with the option of placing an order for Paid Services in accordance with their description and variants available on the Store’s website, including stationary training and online training in the form of audiovisual recordings.
  2. In order to order a Paid Service, the Customer: selects the Paid Service, completes the order form, and makes payments.
  3. After receiving the order, the Seller immediately sends to the e-mail address provided by the Customer a message containing the order confirmation.
  4. Upon receipt by the Customer of the confirmation message, an agreement for the provision of the Paid Service is concluded.
  5. The seller also allows you to make a reservation for participation in a stationary training with a deposit of 30% of the training price.

§6. Implementation of the Paid Service

  1. The Seller performs the Paid Service in the form of stationary training on the date selected by the Customer, or in the form of online training by sending a link enabling access (active for 365 days from payment).
  2. The Customer is obliged to provide hardware and IT infrastructure on its own.
  3. In the case of stationary training, the Customer is obliged to arrive on time.
  4. The Seller reserves the right to refuse the Customer to participate in the stationary training if the Customer arrived under the influence of alcohol or drugs.
  5. Access to online training is granted on a license basis in accordance with §7.

§7. License terms

  1. The customer gains access to online training on the basis of a paid, incomplete, non-exclusive, time-limited (365 days) and non-transferable license without the right to sublicense.
  2. The customer agrees not to save, download, reproduce, distribute, modify, publicly display or reproduce, publish, license, sell or use the content and information comprising the training unless expressly permitted in these Terms.
  3. In the scope of the license, the Client has the right to use the training only for his own personal use.
  4. The use of the content in a different way requires the consent of the Seller.
  5. The Customer agrees to the Seller’s inspection of the compliance of the use of the training with the terms of the license.
  6. The Seller has the right to terminate the contract with immediate effect if the Customer violates the terms of the license.

§8. Changes to the Paid Service

  1. The customer is entitled to change the date of the stationary training no later than fourteen days before the originally agreed date.
  2. Lack of the Customer’s presence without prior notification does not entail the obligation to return the payment.
  3. The Seller reserves the right to change the date of the training for force majeure reasons.
  4. The Customer’s resignation from the stationary training results in the Seller retaining the deposit.

§9. Ebook order

  1. In order to purchase an Ebook, the Customer adds the selected electronic publication to the shopping cart, fills in the order form, confirms the order and makes payment.
  2. The seller completes the order after receiving full payment.
  3. The Customer gains access to the Ebook by downloading it and saving it on his device using the provided link.
  4. The provisions of §7 regarding the terms of the license shall apply accordingly.

§10. Payment methods

  1. The seller allows payment via the Tpay electronic payment system, via PayPal, or by traditional bank transfer.
  2. The customer is obliged to pay for the order within 5 days of placing it.
  3. If there is a need to return funds for a transaction made by the Customer with a payment card, the refund is made to the bank account assigned to the Customer’s payment card.

§11. Seller’s Responsibility

  1. The Seller is not responsible for entering incorrect data by the Customer.
  2. The Seller shall not be liable for the consequences of the use of the Store in a manner inconsistent with the Regulations.
  3. The Seller reserves the right to suspend or terminate the provision of individual functionalities.

§12. Withdrawal from the contract

  1. The customer who is a consumer has the right to withdraw from a contract concluded remotely within 14 days from the date on which the contract was concluded.
  2. In the event of withdrawal, it is considered void and payments will be returned within 14 days.
  3. In the case of a service commenced with consumer consent before the withdrawal deadline, the consumer is obliged to pay for services provided until withdrawal.
  4. The right to withdraw is not entitled if the Seller has fully performed the service with the express consent of the consumer, or in the case of digital content supply that began with consumer consent.

§13. Seller’s responsibility for digital content compliance

  1. The seller is liable for the lack of conformity with the contract of digital content which existed at the time of delivery and became apparent within two years.
  2. If the digital content is not in conformity, the consumer may request that it be brought into conformity.
  3. The consumer may submit a statement of price reduction or withdrawal from the contract when bringing into conformity is impossible or requires excessive costs.

§14. Withdrawal and complaint procedure for electronic services

  1. The Customer has the right to terminate continuous electronic service contracts with immediate effect.
  2. The Seller reserves the right to terminate with a 14-day notice period in case of breach of Regulations.
  3. The Customer is entitled to submit a complaint to the Seller’s e-mail address.
  4. The complaint is considered within 14 days from receipt.

§15. Intellectual property

  1. All content posted on the Store is protected by copyright and is the sole property of the Seller.
  2. The customer is obliged to use any content only for his own personal use.
  3. It is forbidden to copy, modify, transmit, or disseminate content without the Seller’s express consent.

§16. Final Provisions

  1. The Seller reserves the right to change these Regulations with 14 days’ notice.
  2. The relevant provisions of Polish law shall apply.
  3. Disputes will be submitted to the common court competent for the Seller.
  4. A consumer may use the ODR platform at http://ec.europa.eu/consumers/odr/.
  5. The Regulations come into force on June 12, 2023.