Terms and Conditions of the online store www.enneagramcoach.pl

Below you will find the online shop's terms and conditions, which contain information including how to place an order leading to the conclusion of a contract, details regarding the performance of the concluded contract, forms of delivery and payment available in the shop, the right to cancel procedure, and the complaints procedure.

§ 1 Definitions

For the purposes of these Regulations, the following terms shall have the meanings given below:

1. Buyer – a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity,
2. Consumer – a natural person concluding an agreement with the Seller not directly related to their business or professional activity; the Consumer is also the Buyer,
3. Consumer Entrepreneur – a natural person concluding an agreement directly related to their business activity, where the content of this agreement shows that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, made available pursuant to the provisions on the Central Registration and Information on Business; the Consumer Entrepreneur is also the Buyer,
4. Terms and Conditions – these terms and conditions,
5. Shop – the online shop operating at www.enneagramcoach.pl,
6. Seller – The Shift House Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, 03-924, ul. Niekłańska 35/1, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000912370, NIP (Tax Identification Number): 1133037592, REGON (National Business Register Number): 389526203.

§ 2 Preliminary provisions

1. Through the Shop, the Seller conducts retail sales while simultaneously providing electronic services to Buyers. Through the Shop, the Buyer may purchase digital content displayed on the Shop's pages.
2. These Terms and Conditions set out the rules and conditions for using the Store, as well as the rights and obligations of the Seller and Buyers.
3. To use the Store, and in particular to make a purchase in the Store, it is not necessary for the Buyer's computer or other device to meet any special technical conditions. The following are sufficient: access to the Internet,
   standard operating system, standard web browser, having an active email address.
4. To use the digital content purchased in the Store, it is sufficient to meet the same conditions as referred to in § 2 paragraph 3 of the Terms and Conditions. If the use of the digital content purchased in the Store requires the Buyer's computer or other device to meet additional technical conditions,

Relevant information in this regard is included in the digital content description on the Store website.

5. The Buyer cannot make a purchase in the Store anonymously or under a pseudonym.
6. It is prohibited when using the Store to provide unlawful content, in particular by sending such content via the forms available in the Store.
7. All product prices given on the Store's pages are gross prices.

§ 3 Services provided by electronic means

1. Through the Store, the Seller provides electronic services to the Buyer.
2. The basic service provided electronically to the Buyer by the Seller is enabling the Buyer to place an order in the Store leading to the conclusion of an agreement with the Seller.
3. If the Buyer creates a user account in the Store, the Seller also provides the Buyer with an electronic service consisting of the creation and maintenance of an account in the Store. The account stores the Buyer's data and the history of orders placed by the Buyer in the Store. The Buyer logs into the Account using their e-mail address and a password defined by them.
4. If the Buyer subscribes to the newsletter, the Seller also provides the Buyer with an electronic service consisting in sending the Buyer e-mails containing information about new products, promotions, and the Seller's products.
5. The services provided electronically to the Buyer are free of charge. However, digital content supply contracts concluded via the Store are subject to a charge.
6. In order to ensure the safety of the Buyer and the transmission of data in connection with the use of the Store, the Seller shall take technical and organisational measures appropriate to the degree of threat to the security of the services provided, in particular measures aimed at preventing unauthorised persons from obtaining and modifying personal data.
7. The Seller shall take steps to ensure the fully correct functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
8. Any complaints related to the operation of the Store may be submitted by the Buyer via e-mail to [email protected]. In the complaint, the Buyer should specify the type and date of occurrence of the irregularity related to the operation of the Store. The Seller shall consider all complaints within 30 days of receipt and shall inform the Customer of the outcome to the e-mail address of the person submitting the complaint.

§ 4 Placing an order

1. Placing an order is done by completing the order form after first adding the digital content of interest to the Buyer to the basket. In the form, it is necessary to provide the details essential for the fulfilment of the order. At the order placement stage, the delivery method for the ordered products and the payment method for the order are also selected. A condition for placing an order is the acceptance of the Terms and Conditions, which the Buyer should familiarise themselves with beforehand. In the event of any doubts regarding the Terms and Conditions, the Buyer may contact the Seller.
2. The order process is completed by clicking the finalise order button.
3. If the Buyer chose online payment when placing the order, after clicking the order finalisation button they will be redirected to the payment gateway operated by an external payment provider in order to pay for the order. If the Buyer chose bank transfer, after clicking the order finalisation button they will be redirected to the Store's page containing the order confirmation and payment instructions. Payment for the order should be made within 7 days of placing it.

4. In the order form, the Buyer must provide true personal data. The Buyer shall be liable for providing false personal data. The Seller reserves the right to suspend the fulfilment of the order if the Buyer has provided false data or if such data raise justified doubts on the part of the Seller as to their correctness. In such a case, the Buyer shall be notified by telephone or electronic mail of the Seller's doubts. In such a situation, the Buyer has the right to clarify all circumstances related to the verification of the truthfulness of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide all explanations after contact is initiated by the Buyer.
5. The Buyer declares that all data provided by them in the order form is true, whereas the Seller is not obliged to verify its truthfulness and correctness, although they have such a right in accordance with paragraph 4 above.

§ 5 Delivery and payment

1. Digital content is supplied electronically free of charge.
2. Available payment methods for the order are described on the Shop's website and presented to the Buyer at the order placement stage.
3. Electronic payments, including payment card payments, are processed by: the PayPal payment system, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A., based in Luxembourg; the Przelewy24 payment system, operated by PayPro SA, based in Poznań; the Stripe payment system, operated by Stripe Inc, based in San Francisco, USA
4. If the Buyer has requested an invoice, it shall be delivered to the Buyer electronically, to the e-mail address provided in the order form.

§ 6 Order fulfilment

1. Fulfilment of an order involving digital content is carried out by sending an email to the address provided by the Buyer in the order form, containing instructions for downloading or gaining access to the purchased digital content.
2. In the case of online courses, an account may be created for the Buyer within the course platform, and the access details will be sent via the e-mail message referred to above.
3. In the case of online courses, access to the content comprising the course may be time-limited, in accordance with the information provided in the course description on the Store website. In such a situation, upon the expiry of the specified period, the Buyer loses access to the course.
4. In the case of online courses, the Buyer is obliged to use the course platform in a manner consistent with the law, the Terms and Conditions, and good practice, and in particular: to use the platform in a way that does not disrupt its use by other users, does not violate any rights, goods, or interests of third parties, and does not negatively affect the functioning of the platform, particularly through the use of malicious software,

not to share account access details for the platform with any third parties, nor to distribute the course or any of its individual fragments without the prior consent of the Seller.

5. In the event of using the course platform in a manner inconsistent with paragraph 4 above, the Seller reserves the right to block the Buyer's access to the course.

§ 7 Cancellation of the contract

1. A Consumer and a Consumer Entrepreneur who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving a reason within 14 days of concluding the contract for the supply of digital content.
2. The right to withdraw from a contract does not apply to a contract: for the provision of services, if the trader has fully performed the service with the explicit consent of the consumer, who was informed before the provision began that, upon performance by the trader, they would lose the right to withdraw from the contract;
   for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and acknowledgement that they thereby lose their right of withdrawal.
3. To withdraw from the contract, the Consumer or Consumer Entrepreneur must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement – for example, a letter sent by post, fax or electronic mail.
4. The Consumer or Consumer Entrepreneur may use the model withdrawal form available at https://bezpieczny.biz/wp-content/uploads/2021/06/05.-Formularz-odstapienia-od-umowy.doc, but this is not mandatory.
5. To meet the deadline for withdrawal from the contract, it is sufficient for the Consumer or Consumer Entrepreneur to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.

Section 8 Liability for defects

1. The trader is under an obligation to supply digital content which is free from defects.
2. The Seller is liable to the Buyer if the sold digital content has a physical or legal defect (warranty for defects). The warranty is excluded in relation to a Buyer other than a Consumer or a Consumer Entrepreneur.
3. If the digital content sold is defective, the Buyer may: request the replacement of the product with one free from defects, request the removal of the defect,
   submit a price reduction claim,
   give notice of withdrawal from the contract.
4. If the Buyer discovers a defect in the digital content, they should inform the Seller, whilst simultaneously specifying their claim related to the discovered defect or submitting a statement of the appropriate content.

5. The buyer can use the complaints form available at https://bezpieczny.biz/wp-content/uploads/2021/06/06.-Formularz-reklamacyjny.doc, though this is not compulsory.
6. The buyer may contact the Seller both by post and by email.
7. The Seller shall respond to the complaint submitted by the Buyer within 14 days of the date of delivery of the complaint, using the same means of communication through which the complaint was submitted.
8. Details regarding the Seller's warranty for defects are governed by the provisions of the Civil Code (Articles 556 – 576).

§ 9 Personal data and cookies

The rules for processing personal data and using cookies are described in the privacy policy published on the Store's website.

§ 10 Intellectual property rights

1. The Seller hereby informs the Buyer that the digital content and content available on the Store's pages may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which the copyright is held by the Seller.
2. The Seller hereby informs the Buyer that further dissemination of copyrighted content by the Buyer without the Seller's consent, with the exception of using the content within the scope of permitted personal use, constitutes an infringement of the copyright vested in the Seller and may result in civil or criminal liability.

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

1. The seller agrees to submit any disputes arising in connection with the concluded agreements to mediation proceedings. The details shall be determined by the parties to the conflict.
2. The consumer has the option of using out-of-court complaint and redress procedures. Among other things, the consumer has the option to: apply to a permanent amicable consumer court for the resolution of a dispute arising from the concluded contract, apply to the provincial Trade Inspection inspector for the initiation of mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller, or seek the assistance of a district (municipal) consumer rights ombudsman or a social organisation whose statutory tasks include consumer protection.

3. More detailed information on out-of-court complaint and redress procedures can be found by the Consumer on the website http://polubowne.uokik.gov.pl.
4. The consumer may also make use of the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders aiming for out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.

§ 12 Final provisions

1. The Seller reserves the right to introduce and withdraw offers, promotions and to change product prices in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms and conditions of agreements concluded before the change was made.
2. The Seller reserves the right to make changes to the Terms and Conditions without prejudice to the rights acquired by the Buyer under contracts concluded prior to the change in the Terms and Conditions. Buyers who have a registered user account will be informed of any changes to the Terms and Conditions by sending a message to the email address assigned to the user account. If the new Terms and Conditions are not accepted, the Buyer may delete their user account free of charge.
3. Any disputes arising in connection with agreements concluded via the Store shall be resolved by the Polish common court having jurisdiction over the place where the Seller permanently conducts business activity. This provision does not apply to Consumers and Consumer-like Entrepreneurs, for whom court jurisdiction is determined on general principles.
4. These Terms and Conditions shall enter into force on 1 May 2023