Terms and conditions of the online shop for electronic products
My name is Marek Melaniuk and I am a creator of digital content, access to which I sell through my shop available at https://trenado.pl. I am extremely pleased that you have placed your trust in me and are interested in purchasing from my shop.
For the sake of formality, my registration data is as follows: Marek Melaniuk Plus Brand with registered office in Radzyń Podlaski, 4/18 Pocztowa Street, 21-300 Radzyń Podlaski, registered in the Central Register of Business Activity and Information, NIP 5381837185.
Below you will find the regulations, which contain information on, among other things, how to place an order and conclude the agreement, forms of payment available in the shop and the complaint procedure.
Should you have any questions, I am at your disposal at the e-mail address firstname.lastname@example.org.
Best regards and I wish you successful shopping
For the purposes of these Rules, the following terms shall have the following meanings:
1) Buyer – a natural person, a legal person or an incapacitated legal person,
2) Consumer – a natural person concluding a contract with the Seller which is not directly connected with his/her economic or professional activity,
3) Regulations – these Regulations, available at https://trenado.pl/regulamin,
4) Shop – the online shop available at https://trenado.pl,
5) Seller – Marek Melaniuk Plus Brand ul. Pocztowa 4/18, 21-300 Radzyń Podlaski, NIP 5381837185
6) Subscription – a cyclical fee charged to the buyer’s card on a monthly or annual basis.
§2 Preliminary provisions
- Through the Shop, the Seller sells digital content while providing electronic services to the Buyer in accordance with § 3 of the Terms and Conditions.
- The Regulations define the principles and conditions of using the Shop as well as the rights and obligations of the Seller and the Buyer.
- In order to make a purchase through the Shop, it is not necessary for the Buyer’s computer or other device to meet any specific technical conditions. Sufficient are:
1) access to the Internet,
2) standard operating system,
3) a standard web browser,
4) possession of an active e-mail address.
- In order to use the digital content, the following technical conditions of the Buyer’s computer or other device are required:
1) access to the Internet,
2) standard operating system,
3) a standard internet browser,
4) a standard office package (e.g. Microsoft Office, OpenOffice, LibreOffice),
5) a standard .pdf file viewer (e.g. AdobeReader),
6) a standard video player (e.g. WindowsMediaPlayer),
7) an active e-mail address.
- In a situation in which, the use of digital content would require the fulfilment of additional technical conditions, these conditions are indicated in the description of the digital content in the Shop.
- The Buyer may not make a purchase anonymously or under a pseudonym.
- It is forbidden for the Buyer to provide unlawful content, in particular by sending such content within the forms available in the Shop.
- All prices given in the Shop are gross prices.
§3 Services provided by electronic means
- Via the Shop, the Seller provides electronic services to the Buyer.
- The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Shop leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Shop.
- If the Buyer decides to create an account in the Shop, the Seller also provides an electronic service to the Buyer consisting of creating and maintaining an account in the Shop. The account stores the Buyer’s data and the history of orders placed by the Buyer in the Shop. The Buyer logs into the Account using his e-mail address and a password defined by him.
- An account is created in the Shop by ticking the relevant checkbox in the process of placing an order or by filling in a separate account registration form available in the Shop. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account does not delete the information about orders placed using the account, which the Seller will store until the expiry of the statute of limitations for claims under the contract concluded through the Store / throughout the operation of the Store, unless the Buyer objects to the storage of this information earlier and the Seller does not have an overriding interest in storing it.
- If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending the Buyer e-mails containing information about the Seller’s news, promotions, products or services. Subscription to the newsletter takes place by completing and submitting the newsletter subscription form or by ticking the relevant checkbox in the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending an appropriate request to the Seller.
- The services are provided electronically to the Buyer free of charge. However, contracts for the supply of digital content concluded through the Shop are chargeable.
- In order to ensure the safety of the Buyer and the transmission of data in connection with the use of the Shop, the Seller undertakes technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent acquisition and modification of personal data by unauthorised persons.
- The Seller takes measures to ensure the fully correct functioning of the Shop. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
- Any complaints related to the functioning of the Store, the Buyer may submit via e-mail to the e-mail address email@example.com. In a complaint, the Buyer should specify the type and date of occurrence of irregularities related to the functioning of the Store. The Seller will consider any complaints within 30 days of receiving the complaint and will inform the Customer of its resolution at the e-mail address of the person submitting the complaint.
§4 Intellectual property rights
- The Seller hereby instructs the Buyer that the content available on the Shop website and digital content sold through the Shop may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the Seller holds copyright.
- The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without the Seller’s consent, except for the use of the content within the framework of permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.
- Materials used for the presentation of products, i.e.: photos, descriptions and others are part of the Shop, are the property of its Seller and are protected by copyright. It is forbidden to use them for commercial purposes or presentation in any media without the consent of the Seller.
§5 Contract conclusion
- The Buyer may place an order either as a registered customer or as a guest.
- A registered customer is a Buyer who has an account with the Store. The Buyer may create an account by ticking the relevant checkbox in the ordering process or by filling in a separate account registration form available in the Shop.
- If the Buyer has an account with the Store, he or she should log into it before placing an order. Logging in is also possible during the order placement process by clicking on the link available within the displayed message.
- Placing an order takes place by filling in an order form after having added the digital content of interest to the Buyer to the shopping basket. In the form, it is necessary to provide data necessary for the fulfilment of the order. Placing an order is conditional on accepting the Terms and Conditions, which the Buyer should read in advance. In case of any doubts concerning the Terms and Conditions, the Buyer may contact the Seller.
- The process of placing the order is completed by clicking on the button finalising the order. Clicking on the finalise order button constitutes a declaration of intent by the Buyer leading to the conclusion of an agreement with the Seller on the supply of digital content,
- If the Buyer has chosen online payment when placing the order, after clicking on the finalise order button, the Buyer will be redirected to a payment gateway operated by a third-party payment operator in order to pay for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalising the order he will be redirected to the Shop’s page with the order confirmation and instructions for making payment. Payment for the order should be made within one day of the conclusion of the contract.
- The only payment option available in the Shop is electronic payment.
- The buyer can make payment for the purchased products as follows:
- bank transfer
- payment cards
- Electronic payments, including payment card payments, are handled by Przelewy24 and PayU.
- 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.
- A single payment is charged for the purchase of one product from the shop.
- The amount of payment for access to a single training course is
- The Buyer concluding a contract with Marek Melaniuk Plus Brand with the registered office in Radzyń Podlaski, 4/18 Pocztowa Street, 21-300 Radzyń Podlaski, registered in the Central Register and Information on Business Activity, NIP 5381837185 .
§7 Implementation of the contract
- The fulfilment of an order including digital content takes place by sending a message to the e-mail address provided by the Buyer on the order form containing instructions on how to download or access the purchased digital content.
- In the case of online courses, an account may be created for the Buyer on the course platform and access data will be sent as part of the email message referred to in section 1 above.
- In the case of online courses, access to the content included in the course may be limited in time, as indicated in the course description on the Shop website. In such a situation, upon expiry of the indicated time period, the Buyer shall lose access to the course.
- In the case of online courses, the Buyer is obliged to use the course platform in a manner consistent with the law, the Regulations and good manners, and in particular:
1) use the platform in a manner that does not interfere with the use of the platform by other users, does not infringe any rights, goods or interests of third parties, does not adversely affect the functioning of the platform, in particular through the use of malicious software,
2) not to make the access data to his/her account on the platform available to any third party,
3) not to distribute the course or individual parts thereof without the prior consent of the Vendor.
- In the event of using the course platform in a manner contrary to section 4 above, the Seller reserves the right to block the Buyer’s access to the course.
§8 Withdrawal from the contract by the consumer
- Starting from 01.04.2020, the right to withdraw from the contract on the principles described in this paragraph and resulting from the Consumer Rights Act shall also apply to a natural person concluding a contract with the Seller directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Therefore, when the rights of the Consumer are referred to within this paragraph, as of 01.04.2020, these rights also apply to a person meeting the above criteria.
- The right of withdrawal from a distance contract does not apply to contracts for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- In order to withdraw from the contract, the Consumer must inform the Seller of his or her decision to withdraw from the contract by an unequivocal statement – for example a letter sent by post, fax or e-mail.
- The Consumer may use the model withdrawal form available at https://trenado.pl/doc/rozwiazanie.pdf but this is not obligatory.
- In order to meet the withdrawal deadline, it is sufficient for the Consumer to send information concerning the exercise of the Consumer’s right of withdrawal before the expiry of the withdrawal period.
- In the event of withdrawal, the Seller shall reimburse to the Consumer all payments received from the Consumer immediately, no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal.
§9 Liability for defects
- The Seller is obliged to provide the Buyer with digital content free of defects.
- The Seller shall be liable to the Buyer if the digital content has a physical or legal defect (warranty for defects).
- If the Buyer discovers a defect in the digital content, the Buyer should inform the Seller of the defect, at the same time stating his claim related to the defect found or making a statement to that effect.
- The Buyer may use the complaint form available at https://trenado.pl/doc/rek.pdf, but this is not obligatory.
- The Buyer may contact the Seller by e-mail.
- The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of receipt of the complaint by such a means of communication by which the complaint was submitted.
- Starting from 01.06.2020, the provisions on the Seller’s warranty for defects of the goods sold concerning Consumers shall also apply to a natural person concluding an agreement with the Seller directly related to his/her business activity, when it follows from the content of the agreement that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
§10 Personal data and cookies
- The administrator of the Buyer’s personal data is the Seller.
- The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:
1) conclusion and performance of the contract – Article 6(1)(b) RODO,
2) fulfilment of tax and accounting obligations – Article 6(1)(c) RODO,
3) defence, investigation or establishment of claims related to the contract, which is a legitimate interest pursued by the Seller – article 6(1)(f) RODO,
4) identification of a returning customer, which is a legitimate interest pursued by the Seller – Article 6(1)(f) RODO,
5) handling enquiries from Buyers not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Seller – Article 6(1)(f) RODO,
6) the sending of newsletters, following prior consent – Article 6(1)(a) RODO.
- Recipients of the Buyer’s personal data are: tax offices, accounting office, law firm, hosting provider, invoicing system provider, CRM system provider, mailing system provider.
- Due to the use of Active Campagne’s mailing system, the personal data of Buyers who have subscribed to the newsletter is transferred to the United States of America (USA) in connection with its storage on servers located in the USA. The Active Campagne system provider guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
- The Buyer’s personal data is stored in the Seller’s database for the duration of the business in order to ensure that it can identify the returning customer, which, however, the Buyer may object to by requesting that his/her data be deleted from the Seller’s database. If such an objection is made before the expiry of the limitation period for claims under the concluded contract, the Seller shall have an overriding interest in storing the Buyer’s data until the expiry of the limitation period for claims. Accounting records containing the Buyer’s personal data shall be stored for the period required by law.
- The Buyer’s rights related to the processing of personal data: the right to demand from the Seller access to personal data, their rectification, deletion, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint to the President of the Office for Personal Data Protection.
- The provision of personal data by the Buyer is voluntary but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to a newsletter.
- The shop uses cookie technology.
- Due to the possibility of purchasing a subscription, the Buyer’s card data is stored by PayU S.A.
§11 Out-of-court complaint and redress procedures
- The Seller agrees to submit any disputes arising in connection with the concluded digital content contracts to mediation. The details will be determined by the parties to the dispute.
- The Consumer has the possibility to make use of out-of-court complaint and redress procedures. Among others, the Consumer has the possibility to:
1) apply to a permanent amicable consumer court to resolve a dispute arising from the concluded agreement,
2) apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the Buyer and the Seller,
3) use the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
- For more detailed information on out-of-court complaint and redress procedures, the Consumer can look for it on the website http://polubowne.uokik.gov.pl.
- The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.
§12 Marek Melaniuk Plus Brand shall not be held liable for any damages arising from the use of the techniques provided in the training courses through the fault of the person using them.
§13 Final provisions
- The Seller reserves the right to introduce and cancel offers, promotions and to change 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.
- The Seller reserves the right to introduce changes to the Terms and Conditions. Contracts concluded before the Rules were amended shall be governed by the Rules in force on the date of conclusion of the contract.
- Any disputes related to contracts concluded through the Shop shall be considered by the Polish common court competent for the place of permanent business activity of the Seller. This provision does not apply to Consumers, in the case of whom the jurisdiction of the court is considered on general principles. Starting from 01.06.2020, this provision shall also not apply to a natural person who concludes an agreement with the Seller directly related to his/her business activity, if it follows from the content of this agreement that it does not have a professional character for this person, in particular resulting from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the jurisdiction of the court shall be considered on general principles.
- These Rules of Procedure are effective as of 01.04.2020.