合同条款

Terms and conditions

These terms and conditions regulate the principles of using the Service and making purchases in the internet store run by the Proprietors at the internet address sayitrightonline.pl (or sayitrightonline.com).

The Administrators of this Service are Oficyna Wydawnicza Atena, available at Os. Raczyńskiego 3/22, 62-020 Swarzędz, Poland, conducting business under the full name of Oficyna Wydawnicza Atena Krzysztof Sawala, registered in the Market Entity Files at 12755, and registered with the tax identity number of PL 7771863234, and Motivex Ltd., available at Os. B. Chrobrego 2/65, 60-681 Poznań, Poland registered in the National Court Entity Files at 0000153455, and registered with the tax identity number of PL 7781001758, both entities being the co-publishers of products offered at this website address (sayitrightonline.pl or sayitrightonline.com).

The Administrators may be contacted by means of electronic mail or telephone at: atena@atena.pl.pl, tel. +48 602 309 573

mj@motivex.pl, tel. +48 601 701 064

 

§ 1 Definitions

  1. Terms and conditions – the terms and conditions provided here in accordance with the Polish law, specifically art. 8 of the Bill on Providing Electronic Services of 18 July 2002.
  2. Customer – an individual, a legal entity or an organization without legal personality enjoying full legal capacity, who or which places orders in the Internet Store in compliance with these terms and conditions.
  3. Consumer – a Customer in the form of an individual who visits the Internet Store for a purpose not directly linked with their business or professional activity.
  4. Service Providers, also called Sellers – entities which provide sales through the Internet Store in compliance with these terms and conditions.
  5. Subject of transaction – Products listed and described on the website featuring the Internet Store.
  6. Product – a movable good in the form of a printed book or electronic content presented in detail on the website sayitrightonline.pl (or sayitrightonline.com), which is the subject of the Sales Agreement.
  7. Electronic content – software, texts, audio and video recordings.
  8. Sales Agreement – the agreement to sell and purchase the Products as understood by the Civil Code of the Republic of Poland, entered into by any of the Sellers and the Customer through the service provided by the Internet Store.
  9. Internet Store (Store) – an Internet service available at the website address sayitrightonline.pl (lub sayitrightonline.com) through which the Customer may place an order and purchase a Product.
  10. Order – a statement of the Customer’s intent to purchase a type and quantity of Products, leading directly to entering into the Sales Agreement.
  11. ICT system – a system of coordinated ICT devices and software used to transfer, process, store and receive data through telecommunication networks with the use of an end terminal or device compatible with the appropriate network.

§ 2 General principles

  1. These terms and conditions specify the principles of using the Internet Store available at the website address sayitrightonline.pl (or sayitrightonline.com).
  2. In order to place the order and purchase a Product in the Internet Store, the Customer is required to read these terms and conditions and agree to all provisions herein during the process of placing an order.
  3. The Internet Store at the website address sayitrightonline.pl (or sayitrightonline.com) conducts retail sales through the Internet.
  4. To meet the technical requirements necessary to comply with the ICT system used by the Sellers in order to carry out the sales of Products, the Customer should have access to an active electronic mail (e-mail) account and a device connected to the Internet which meets the minimum technical requirements: an Internet HTML 5- and Javascript-compatible browser.
  5. The Sellers shall not be liable for any interruptions including discontinuities in the operation of the Internet Store caused by force majeure or situations independent of the Sellers’ operations, as well as illegal actions of Third Parties, or the incompatibility of the Customer’s technical infrastructure with the technical infrastructure of the Internet Store.
  6. All content included at this site and in the Product(s), such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of Oficyna Wydawnicza Atena Krzysztof Sawala and Motivex Ltd. or their content suppliers and is protected by international copyright laws.
  7. Foreign language versions of the Product(s) described at the website sayitrightonline.pl (or sayitrightonline.com) are not Products and cannot be purchased separately. They shall be added by the Sellers to the Product(s) purchased by the Customer without any extra charge to the Customer as soon as they become available by means of an automated update to the purchased Product(s). While the Sellers shall do their best to meet the dates of updating the Products with foreign language versions according to the schedule published at the website www.sayitrightonline.pl, the Sellers shall not be held liable for any changes to the published schedules.
  8. The Sellers are entitled to introduce any changes to the purchased Product(s) which in their opinion improve the Products or their functionality. All changes introduced to the Product(s) purchased by the Customer shall be made available to them free of charge by means of an automated update.

§ 3 Placing an order and making a purchase

  1. All prices given at the website address sayitrightonline.pl (or sayitrightonline.com) in the Polish language version include the VAT and are given in PLN (Polish currency), while in a language version other than Polish, all prices include the VAT and are given in Euro.
  2. Orders may be placed through the Internet Store or by e-mail.
  3. Orders placed through the Internet Store can be made 24 hours a day, 7 days in a week throughout the year, excluding situations listed in par. 2 p. 5.
  4. The Order placed through the Internet store shall be effective if the Customer successfully completes the registration process in the Internet Store, correctly fills out the order form and provides valid contact data, including a valid e-mail address.
  5. If the data provided by the Customer is incomplete, the Sellers shall attempt to contact the Customer. If contact with the Customer proves impossible, the Sellers may cancel the order.
  6. In the process of placing an order, the Customer may request a fiscal receipt or a VAT invoice, either of which shall be delivered by electronic mail to the e-mail address provided by the Customer in the form of an electronic image of fiscal documents, specifically a VAT invoice with attachments, a correcting VAT invoice with attachments and other forms. This agreement entitles the Sellers to issue and send VAT invoices in electronic form, in accordance with the Polish Minister of Finance’s regulation of 20 Dec. 2012 on sending invoices in electronic form.
  7. Fiscal receipts or VAT invoices sent to the Customer shall bear the name of Oficyna Wydawnicza Atena Krzysztof Sawala as the Seller.
  8. During the process of placing an order, the Customer will be asked to agree to have their personal data stored in the database administered by the Sellers in order to process the data for the purpose of carrying out the sales process. If the Customer’s agreement is obtained, they shall have the right to view their personal data in order to correct it or to request that they be deleted from the Sellers’ database. The Customer may refuse the Sellers to store the Customer’s personal data in the Sellers’ database, however, such refusal shall prevent the Customer from completing the sales procedure and the Sales Agreement shall not become effective.
  9. During the process of placing an order for a Product(s), which wholly or partly consists of electronic content, the Customer shall be requested to agree to the delivery of electronic content before the redemption date or cancellation deadline as provided by the Bill on Consumer Rights (par. 38 p. 13). By giving their consent, the Customer waives their right to cancel the Sales Agreement and shall not have the right to request a refund for the electronic content purchased in the Internet Store.
  10. The Customer may refuse to give their consent to provide them with electronic content before the redemption date or cancellation deadline, however, the failure to provide such a consent shall prevent the Customer from completing the sales procedure and the Sales Agreement shall not become effective.
  11. In order for the system to keep a record of the Customer’s personal data, the Customer should provide their log-on information, consisting of a username and password, which are required to gain access to the Customer’s account. The username shall be the Customer’s e-mail address provided during the Registration process, while the password shall be a sequence of alphanumerical characters selected by the Customer. The Customer’s password shall not be known to the Seller and it is the Customer’s obligation to keep the password secure and not reveal it to any Third Party.
  12. After successful placement of the order, the Customer will be requested to proceed to pay for the selected Product(s).
  13. Payment for the ordered Products will be processed using a bank transfer system „Przelewy 24” or the PayPal system.

§ 4 Product delivery

  1. The purchased Product(s) shall be delivered to the Customer in the following way:
  1. When the Product is a printed book, it shall be dispatched to the postal address provided by the Customer when placing the order. The customer shall be solely responsible for providing the correct mailing data. If the dispatched book cannot be delivered due to incorrect mailing data or the Customer’s failure to receive it, the Seller shall not be held liable. Upon the Customer’s request, the Seller may inform the Customer of the repeated package and handling cost and re-dispatch the returned book after having received the payment.
  2. When the Product(s) is electronic content, it shall be made available to the Customer at the website address sayitrightonline.pl (lub sir.sayitrightonline.com) after the Customer has completed the Registration process, they have logged into their account, they have agreed to provide them with electronic content before the redemption date or cancellation deadline, they successfully finalized the transaction and the Seller has received the payment, and after they have logged into the application using their LOGIN (e-mail address) and PASSWORD selected during the registration process.
  3. The application enabling the use of purchased digital content shall be made available to the Customer at sir.sayitrightonline.pl (or sir.sayitrightonline.com). Its use requires logging in to one’s account in the application and, in accordance with the single-user license, is possible on one workstation at a time. The use of purchased content on another device is possible after logging out of one’s account on the active device. If the Customer attempts to log in to the same account on a new device while remaining logged in on another device, it will result in the Seller automatically logging them out of the active device to allow them to remain logged in to the same account on the new device.
  4. The Store administrator shall inform the Customer if the order form is not completed correctly.
  5. In order to carry out the purchase of the Product(s) and to use the purchased content, the Customer shall have an active electronic mail (e-mail) account and a device connected to the Internet and equipped with a web browser compatible with HTML 5 and Javascript.
  6. To the fullest extent permitted by law, the Sellers shall not be liable for any interference, including interruptions in the functioning of the web application available at sir.sayitrightonline.pl (or sir.sayitrightonline.com) caused by force majeure, unauthorized acts of third parties, incompatibility of the application with the Customer's technical infrastructure or the Customer’s lack of access to the Internet.

§ 5 Cancelling the Sales Agreement

  1. Sales transactions at the Internet Store are viewed as distance contracts, which in whole or in part concern the transfer of electronic content.
  2. Due to the above, the Sellers request that the Customer gives their unequivocal consent to provide them with electronic content before the redemption date or cancellation deadline as specified by the Bill on Consumer’s Rights. By providing such consent, the Customer waives their right to cancel the sales agreement and shall not have the right to request a refund for the electronic content purchased in the Internet Store.
  3. The Customer may refuse to give their unequivocal consent to provide them with electronic content before the redemption date or cancellation deadline, but such refusal shall result in the sales agreement to be null and void and the sales process shall not be completed.

§ 6 Complaint procedure

  1. Complaints should be placed by electronic mail to the e-mail address of any of the Sellers.
  2. The Seller to whom a complaint has been sent shall examine it and contact the complaint maker within 30 days of receiving the complaint.

§ 7 Privacy policy

  1. The policy of privacy and protecting personal data is described in detail within a separate document „Privacy policy”.

§ 8 The change of terms and conditions

  1. All Customers having a valid account at the Internet Store shall receive information regarding any changes to these terms and conditions by means of electronic mail.
  2. If any change to these terms and conditions are made from the time of the most recent log-in into the Customer’s account, the Customer shall be asked to accept or refuse to accept the amended provisions of these terms and conditions. If the Customer refuses to accept the amended terms and conditions, no further purchases in the Internet Store will be possible.
  3. The Customer who refuses to accept the amended terms and conditions shall have the right to request that their account at the Internet Store is deleted.
  4. Orders placed before the terms and conditions have been amended shall be carried out in compliance with the terms and conditions effective at the time of purchase.

§ 9 Licenses and the use of the application

  1. Purchasing a Product which consists of electronic content entitles the Customer to use the Product on one device at any time.
  2. The application necessary to use a Product which consists of electronic content is provided free of charge in the form of a web application available through web browsers.
  3. In order to use the purchased Product which consists of electronic content, the Customer should register in the Internet store and select a personal password.
  4. Access to the purchased Product which consists of electronic content on one device is enabled after logging into the Customer’s account created during the registration procedure by typing the Customer’s e-mail address as username and the password selected by the Customer in the application. Logging into the Customer’s account is equal to activating the Customer’s account on a given device.
  5. In order to access purchased content on another device, the Customer must log out of their account on the active device and then log into their account on another device. Failure to log out of the active device and an attempt to log in to the account on another device will result in remote logout of the Customer from the account on the active device in order to allow the Customer to stay logged in to their account on another device.
  6. Logging in and logging out from the Customer’s account and the use of the purchased electronic content require access to the Internet.

§ 10 Final provisions

  1. Matters not regulated by these terms and conditions shall be settled in compliance with appropriate Bills, including among others the Civil Code, the Bill on Consumer’s Rights, and the Copyright Law, as passed by the Parliament of the Republic of Poland.
  2. Any disputes resulting from exercising the provisions of these terms and conditions and in relation to the contracts and agreements between the Sellers and the Customer shall be settled by the Commercial Business Court in Poznań, Poland.