§ 1. Definitions

  1. Regulations – this document setting out the rules for the conclusion of distance sales agreements through the Website, the rules for the execution of these agreements, the rights and obligations of the parties to the Distance Sales Agreement and the rules of the complaint procedure. With regard to services provided electronically, the Regulations constitute the rules and regulations referred to in Art. 8 of the Law on Provision of Electronic Services.
  2. Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, concluding a Distance Sales Agreement with the Seller.
  3. Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
  4. Individual entrepreneur – a natural person who enters into a Distance Sales Agreement directly related to his/her business activity, when the content of this agreement shows 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.
  5. Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activities on its own behalf.
  6. Vendor: “ITS” Krzysztof Subik, NIP 6871776161, REGON 6871776161.
  7. Seller’s registered address: Street. Jagiellońska 51/18, 38-500 Sanok;
  8. Internet Service – an online platform operated by the Seller, available at the following electronic addresses: https://motoworkacademy.com/, enabling the Customer to obtain information about Products and their availability, as well as to purchase a Product or order a service.
  9. Distance Sales Agreement – an agreement for the sale of a Product/agreement for the provision of a Digital Service or Digital Content (if applicable), concluded through the Website.
  10. Product – digital access that the Customer can purchase on the Website.
  11. Digital service – a service that enables the Consumer:
    1. Access to digital data;
    2. Shared use of digital data sent or created by the Consumer or other users of this service;
    3. Participation in other forms of interaction through data.
  12. Digital content – information produced and delivered in digital form.
  13. Privacy and Cookies Policy of the Website – a document detailing the rules for processing personal data and the use of cookies. The Privacy and Cookies Policy is attached as Appendix 3 to the Terms and Conditions and is available at https://motoworkacademy.com/polityka-prywatnosci/.
  14. Durable medium – material or tool that allows the Customer or the Seller to store information directed personally to him, allowing access to the information in the future for a period of time adequate to the purposes for which the information is used, and allowing the reconstruction of the stored information in an unchanged form, especially electronic mail.
  15. Electronic order form – a procedure that allows the Buyer to place orders electronically, provided by the Seller.
  16. Return Form – a procedure that allows the Buyer to electronically report returns by sending an email to info@motoworkacademy.com.
  17. Electronic complaint form – a procedure that allows the Buyer to electronically file a complaint by sending an e-mail to info@motoworkacademy.com.
  18. Sending an order – approval of an order by clicking on the “Buy Access” button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
  19. Account – a set of data stored on the Website and in the Seller’s ICT system concerning a given Client, his placed orders and concluded Distance Sales Agreements, enabling the Client to place, modify and cancel orders, as well as conclude Distance Sales Agreements.
  20. Opinion of the order service or opinion of individual Products – subjective statements and ratings expressed in the form of ratings from 1 to 5 stars.
  21. Subscription order – an order automatically created within the Subscription.
  22. Subscription – an electronic service that allows the automatic placement of Subscription Orders for certain Products, according to the subscription selected by the Customer, without the need to place separate orders until the termination of the Subscription.
  23. Card – a payment card issued under the Visa or International or Mastercard International systems, authorized to perform transactions without physical presence in accordance with the regulations of these systems.

§ 2. General provisions

  1. Services provided electronically include:
    1. Conclusion of online Sales Agreements – this applies to Digital Content available on the Website.
    2. Rules for registration and use of the Account within the Website.
    3. Adding reviews, comments and ratings – The customer has the ability to add reviews or comments to their order.
    4. Sending e-mails in which the Seller confirms receipt of the order, receipt of payment, if any, and acceptance of the order for processing.
  2. The use of the Website is possible provided that the computer system used by the Customer meets the following minimum technical requirements:
    1. A web browser in the current version, such as:
      • Firefox
      • Chrome
      • Microsoft Edge
    2. Any program for viewing PDF files.
  3. The content on the Website, including descriptions of the Goods and prices, is only an invitation to conclude a contract in accordance with Art. 71 of the Civil Code.
  4. The Seller shall make these Terms and Conditions, together with the Attachments, available via a link on the home page before, during and after the conclusion of the Distance Sales Contract. The buyer can download and print the Terms and Conditions.
  5. In order to ensure the security of transmitted messages and data related to the services provided, the Website takes appropriate technical and organizational measures, adapted to the degree of security of the services provided, especially measures to prevent unauthorized persons from acquiring and modifying personal data transmitted over the Internet.

§ 3. Orders

    1. Orders on the Website can be placed by having an Account or by choosing the option to purchase without registration. If you choose to purchase without registration, an internal account is created, based on which the customer can create a full Account. The internal account is kept until the data is deleted from the system or the Account is blocked.
    2. The purchase process involves filling out an Electronic Order Form available on the Website. The selection of the ordered Goods is made by adding them to the shopping cart. The electronic order form specifies, among other things. the type of Goods ordered, their price, and the data of the ordering party. The customer takes the appropriate technical steps in accordance with the displayed messages.
    3. After entering all the necessary data, the customer receives a summary of the order, including information on the identification of the Seller, details of the order, the total amount of the ordered Goods, and other charges, if any. The customer selects the payment method.
    4. In the case of a contract for the provision of Digital Content or Digital Services, the Consumer, by using the checkbox on the Electronic Order Form, accepts the terms and conditions, which is tantamount to consent to the start of the service, and accepts the loss of the right of withdrawal. The seller confirms receipt of this consent by email through an automatic notification.
    5. To place an order, the customer must provide the required personal information in the Electronic Order Form, accept the content of the Terms and Conditions, and then send the order by pressing the “Buy and pay” button.
      1. Sending an Electronic Order Form constitutes a binding declaration of the Customer’s will to conclude a Distance Sales Agreement, in accordance with the provisions of these Regulations.
      2. The contract of sale at a distance is considered to be concluded at the moment of acceptance by the Seller of the Electronic Order Form, as evidenced by the message confirming the acceptance of the order and assigning it a number.
      3. After concluding a Distance Sales Agreement, the Customer receives a confirmation of the placed order by e-mail, which includes: confirmation of order acceptance, final confirmation of all essential elements of the order, general terms and conditions of the Distance Sales Agreement, the Seller’s data, information about his responsibility for the quality of performance, as well as information about possible post-sale services and the possibility of withdrawal from the agreement.

§ 4. Payment

      1. The Website allows you to make payments in the form of prepayments.
      2. Payment for the Goods can be made by the selected method when placing an order using the Electronic Order Form.
      3. Currently available payment methods for prepayment on the Website are Przelewy24, PayU.

§ 5. Delivery

      1. The customer receives access to the digital content immediately after the payment is credited by the vendor.

§ 6. Withdrawal from the contract – electronic return form

      1. A consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without stating a reason. Withdrawal from a Distance Sales Contract means that the contract is considered not concluded.
      2. The individual Entrepreneur also has the right to withdraw from the contract under the terms of paragraphs 6 and 7 of these Regulations. Insofar as paragraphs 6 and 7 of these Regulations refer to a Consumer, it is also understood to mean an Individual Entrepreneur.
      3. In the event of withdrawal from the contract, the Consumer shall bear only the direct costs of returning the Goods.
      4. The Consumer’s statement must unambiguously express his will to withdraw from the contract, and the Consumer may:
        1. Send the return form to the Seller’s email address: webinarypazia@gmail.com,
        2. The seller will immediately acknowledge receipt of the statement of withdrawal in the manner indicated in items 1 and 2.
      5. To meet the deadline it is sufficient to send the statement before its expiration.
      6. The period for withdrawal from the contract begins:
        1. for a contract under which the Seller delivers the thing, being obliged to transfer its ownership – from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract that:
          1. includes multiple items, delivered separately, in batches or in parts – from taking possession of the last item, batch or part,
          2. consists in the regular delivery of things for a fixed period of time – from taking possession of the first item,
        2. For other contracts – from the date of the agreement.
      7. The withdrawal declaration form and information on the exercise of the right of withdrawal shall be transmitted electronically.
      8. In the event of withdrawal from the contract for the provision of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
      9. In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer shall stop using such Digital Content or Digital Service and making it available to third parties.
      10. The right of withdrawal from a Distance Sales Contract does not apply to contracts indicated in Art. 38 of the Law of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, among other things. Contracts:
        1. for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller, he will lose the right to withdraw from the contract and accepted it,
        2. in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
        3. whose object of performance is a non-refabricated item, produced to the Consumer’s specifications or serving to meet his individualized needs;
        4. whose object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
        5. whose object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
        6. on the supply of Digital Content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun the performance with the express and prior consent of the Consumer, who was informed before the start of the performance that after the performance by the Seller will lose the right to withdraw from the contract and has accepted this;
        7. the object of which is a perishable object or an object that has a short shelf life, and in which the object of performance is an object that after delivery, due to its nature, becomes inseparable from other things;
        8. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
        9. concluded through a public auction;
        10. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
        11. in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;

§ 7. Effects of withdrawal from the contract

      1. The Seller undertakes to return to the Consumer all payments made, within 14 days from the date of receipt of the statement of withdrawal from the Contract of Sale of the item. The payment will be refunded using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund.
      2. If the Consumer used to send a return form to the seller’s e-mail address, the funds will be returned by the Consumer’s chosen method to the bank account provided.
      3. The consumer does not have the right to withdraw from the contract if the Digital Content or Digital Service is provided in exchange for the payment of a price, and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
      4. The seller shall be obliged to refund the price only for the portion corresponding to the Content or Digital Service that does not comply with the contract and the Digital Content or Digital Service, the obligation to provide which has fallen off due to withdrawal from the contract.

§ 8. Complaint

      1. The customer may file a complaint regarding defects in the Goods or non-compliance with the concluded contract of sale at a distance:
        1. in writing to the address of the Seller’s registered office or by e-mail to sklep@pazia.pl.
      2. In the complaint, the Buyer should describe in detail the defect that he believes the Goods have, state the demands against the Seller and, if possible, attach documentation confirming the defect and provide proof of purchase on the Website. The seller undertakes to respond to the complaint within 14 days of receipt. Failure to respond within this period means that the complaint is accepted. The response to the complaint is provided to the Buyer in writing or in the form of a Durable Media.
      3. The Seller shall be liable to the Consumer and the Individual Entrepreneur for non-compliance of the Goods with the contract of sale at a distance, in accordance with the provisions of the Law of May 30, 2014. On consumer rights.
      4. The Seller shall be liable for the delivery of Goods free of defects and shall be liable to the entrepreneur for defects in the purchased Goods in accordance with the provisions of the Civil Code.
      5. The provision of Digital Content or Digital Service to a Consumer or Individual Entrepreneur shall be carried out in accordance with the provisions of the Law of May 30, 2014. On consumer rights.
        1. Digital Content shall be deemed delivered when the Digital Content or the means to access the Digital Content is made available to the Consumer or to a physical or virtual device that the Consumer has chosen for that purpose, or when the Consumer or that device accesses it.
        2. The digital service is considered to be delivered when the Consumer or the physical or virtual device that the Consumer has chosen for this purpose accesses it.
        3. The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days from the day it was informed by the Consumer of the non-conformity with the contract, taking into account the nature and purpose of their use. The cost of bringing the Digital Content or Digital Service into compliance with the contract shall be borne by the Seller.

§ 9. Feedback

      1. Customers can provide feedback on the service of an order or product using the feedback form available when visiting the Website. Reviews are added voluntarily and free of charge. A customer can post one review per order.
      2. When creating reviews, the customer has the opportunity to give a rating in the form of stars from 1 to 5 and add a short comment with a maximum length of 3,000 characters.
      3. Ratings are publicly displayed on the Website.
      4. The vendor verifies the feedback with the email address used in the purchase process of the product in question.
      5. The seller may publish reviews of a product from its other websites.
      6. The seller does not change the content of the reviews or the awarded stars.
      7. The buyer bears full responsibility for the content of the opinion statements. The Seller shall have the right to remove opinions in accordance with the law and the provisions of these Regulations.
      8. It is unacceptable to post content containing information that is false, misleading, vulgar, aggressive, offensive or contrary to good morals. It is also prohibited to post content that is unlawful, violates the rights of third parties or constitutes unfair competition.
      9. Customers are obliged not to post content containing links to external websites of a promotional or advertising nature, and to avoid disclosing personal information of third parties.
      10. At the request of the Client, the content of the opinion may be hidden to other users.

§ 10. Intellectual property

      1. The Customer declares that he/she does not own any rights, including copyright or related rights, to the opinions and statements posted by him/her on the Website, except for the right to use the Website in accordance with the provisions of the Terms and Conditions. The customer is not authorized to record, copy, share, publish or distribute the content, unless required by law or the Terms and Conditions.
      2. The customer has no right to interfere with the content of the Website, in particular, he has no right to modify the content, structure, form, graphics, mechanism of operation or other elements of the Website.
      3. The Client, placing the Opinions on the Website, which are works within the meaning of the Act on Copyright and Related Rights of February 4, 1994, grants the Seller a non-exclusive, royalty-free and unlimited in time and territory license to use these works, including the right to grant sublicenses, which includes making the work available to the public in such a way that anyone can have access to it at a place and time of their choosing (Internet). The license covers all fields of exploitation known at the time of its granting, in particular:
        1. fixation and reproduction of the work by any technique, such as printing, reprography, magnetic recording, digital (including on audio-visual or visual media such as audio-visual discs, CDs, computer disks, on a multimedia network, including the Internet), reproduction, fixation, use on the Internet, advertising, reproduction of the recording in electronic form in computer memory and on internal and external networks,
        2. Use of all or parts of the work in any Internet medium, with the possibility of modification arising from the essence of the Internet medium in question, such as online publications, digital publications, newsletters and information, alone or in combination with other works, for the purpose of promotion and advertising, in the form of audiovisual, audio, media advertisements,
        3. marketing of the original or copies on which the work was fixed – trading, lending, renting of the original or copies,
        4. dissemination of the work in a manner other than that specified above – public performance, exhibition, display, reproduction, broadcasting, rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing,
        5. Use of works for promotional and marketing purposes.
      4. The deletion of the Account by the Customer or the Opinion in accordance with Section 9, paragraph 8 does not affect the validity of the granted license.

§ 11. Rules of sale in the subscription model

      1. Electronic service in the form of a Subscription may be provided by the Seller to the Buyer.
      2. Using Subscription allows you to periodically access selected digital content for a certain period of time, without placing further orders until the Subscription time expires. Payment for a temporary Subscription is made once for the subscription period, exclusively using the Electronic Payment mechanism.
      3. The Buyer orders a Subscription by selecting this form of purchase in the Electronic Order Form. Confirmation of the purchase of a Subscription is immediately sent to the Buyer’s email address provided when the first Order was made.
      4. The subscription is made for a period of 12 months and for this time the customer receives access to digital content.
      5. The Customer may terminate the Subscription at any time. Termination of the Subscription by the Customer is equivalent to immediate loss of access to the digital content available under the Subscription. The Buyer may terminate the Subscription by submitting an appropriate request via e-mail to the service address webinarypazia@gmail.com
      6. The Seller sends the Buyer an e-mail confirming the creation of the Subscription Order with information about the order.
      7. If the Subscription period ends, access to the content will be blocked and the buyer will have the option to purchase the Subscription again.

§ 12. Final provisions

      1. These Terms of Use are effective as of 24.11.2023.
      2. In the event that any of the provisions of these Terms and Conditions are modified or invalidated by a decisive authority or court, the remaining provisions shall remain in force and shall be binding on both the Seller and the Customer.
      3. The seller reserves the right to amend these terms and conditions. Any contracts concluded before the effective date of the new regulations will be implemented on the basis of the regulations in effect on the date of the contract.
      4. Polish law is applicable to resolve any disputes related to the Terms and Conditions. These disputes will be resolved by the locally competent common court. A customer who is a Consumer also has the opportunity to use out-of-court means of settling complaints and pursuing claims. Information on these procedures can be obtained from the Office of Competition and Consumer Protection’s website at: www.uokik.gov.pl. It is worth noting that these procedures are voluntary and require the consent of both parties.
      5. In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that the platform for online dispute resolution between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform provides a one-stop place for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or service contract.

§ 13. Appendix 1 – Information on exercising the right of withdrawal

      1. The right to withdraw from the contract under the following rules is available to the Consumer and the Individual Entrepreneur. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
        1. in the case of contracts for the provision of a service or digital content that is not delivered on a tangible medium – from the date of conclusion of the contract.
      2. To exercise your right of withdrawal, you must inform us, i.e.: “ITS” Krzysztof Subik, NIP 6871776161, REGON 6871776161, Jagiellońska 51/18 Street, 38-500 Sanok, about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail).
      3. You can use the model withdrawal form, but it is not mandatory.
      4. You may also fill out an Electronic Return Form to the e-mail address: webinarypazia@gmail.com If you use this option, we will promptly send you an acknowledgement of receipt of your cancellation information on a durable medium.
      5. In order to comply with the withdrawal period, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
      6. In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the items, immediately and in any case no later than 14 days from the day we are informed of your decision to exercise your right of withdrawal from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise.
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