§ 1. Initial Provisions
Krzysztof Martens Bridge University on-line store, available at the following address: martensuniversity.com is operated by Krzysztof Martens, Bridge Master, Bridge Coach, and Bridge books author.
- Email address: email@example.com
- Phone number: + 48 502 423 886
- Working hours: Mon. – Fri. 9:00 am. – 4:00 pm. (European Time Zone – CET)
These Rules and Regulations are addressed to the Consumers and Entrepreneurs using the Store and they set out the principles of using the on-line store along with the principles and the mode of conclusion of distance sales agreements between the Store and the Client.
§ 2. Definitions
- Consumer: a natural person who concludes with the Seller under the Store an agreement not directly related to the Consumer’s business or professional activity.
- Seller: a natural person conducting business activity under the name of Krzysztof Martens, Bridge Master, Bridge Coach, and Bridge books author.
- Client: any entity making purchases in the Store.
- Entrepreneur: a natural person, a legal person and an organisational unit without legal personality which is granted legal capacity pursuant to a separate act, performing business activity on its own behalf, which uses the Store.
- Store: an on-line store operated by the Seller at the following address: martensuniversity.com.
- Distance Agreement: an agreement concluded with the Client as part of the organised system of concluding distance agreements (forming a part of the Store) without simultaneous physical presence of the Parties, with the exclusive use of one or a greater number of means of distance communication until the moment of conclusion of the agreement inclusive.
- Rules and Regulations: these rules and regulations of the Store.
- Order: the Client’s declaration of will filed via the order form and directly aimed at conclusion of a Sales Agreement of a Product/ Products with the Seller.
- Account: the Client’s account in the Store where data provided by the Client is compiled, along with information about the orders placed by the Client.
- Registration Form: a form available in the Store that allows for setting up an Account.
- Order Form: an interactive form available in the Store which allows for placing an order, in particular by adding the Products to the Basket and by specifying the terms of Sales Agreement, including mode of delivery and payment.
- Basket: an element of the Store software, where Products selected by the Client for purchase are visible, which also includes the possibility of determining and modifying the data of the Order, in particular the number of products.
- Product: a movable item/ service available in the Store which is the object of the Sales Agreement between the Client and the Seller.
- Sales Agreement: a sales agreement of a Product concluded at present or in the past between the Client and the Seller via the on-line Store. A Sales Agreement shall also be understood – depending on the features of the Product – as a services contract or a specific work contract.
§ 3. Contact with the Store
- Seller’s e-mail address:firstname.lastname@example.org
- Seller’s telephone number: + 48 502 423 886
- Seller’s paypal account: email@example.com
- The Client may contact the Seller with the use of the addresses and telephone numbers provided herein.
- The Client may communicate with the Seller on the telephone : from Monday to Friday between 9.00 a.m. and 4.00 p.m. CET
§ 4. Technical Requirements
To use the Store, to browse the Store’s assortment and to place orders for Products, the following devices are necessary:
- an end device with access to the Internet and with the Internet browser;
- an active e-mail account;
- activated cookies servicing.
§ 5. General Information
- The Seller, in the broadest scope permitted by the law, shall not be liable for any disruptions, including breaks in the operation of the Store caused by force majeure, illegal actions of third parties or incompatibility of the Client’s technical infrastructure with the Store
- Browsing the Store’s assortment does not require setting up an account. Placing orders by the Client for Products in the Store’s assortment is possible either after setting up an Account in compliance with the provisions of Clause 6 of the Rules and Regulations or by providing the necessary personal and address data that allow for the processing of the Order without setting up an Account.
- Products in the photos are model products. All items are crafted manually and, due to production specifications, may slightly differ from the image presented in the photo in the offer.
- All prices in the Store are provided in Euro (EUR).
- The final price to be paid by the Client includes the price for the Product and the cost of delivery (including a fee for transport, delivery and postal services), about which the Client is informed at the Store’s site at the moment of placing an Order, as well as at the moment of expressing the will to be bound by the Sales Agreement.
§ 6. Setting Up an Account in the Store
In order to set up an Account in the Store, the Client shall complete the Registration Form. Setting up an Account in the Store is free of charge. Logging in to the Account takes place by entering the log-in and the password set in the Registration Form. The Client can, at any moment, without giving the cause and without incurring any fees, remove the Account by sending a proper request to the Seller, in particular via e-mail or in a written form to the addresses specified in Clause 3.
§ 7. Placing Orders
To place an Order, it is necessary to:
- log in to the Store (optional):
- select a Product that is the object of the Order, and then click the button “Add to Basket” (or equivalent);
- log in or use the possibility of placing an Order without registration;
- in order to place an Order without registration, it is necessary to fill in the Order Form by entering the payment data and the address to which the Product delivery is to be made and select a
- type of shipment and payment;
- click the “Buy and pay” button;
- depending on the selected mode of payment, pay for the Order within the designated date, subject to the provisions of Clause 9 (3).
§ 8. Delivery and Payment
Digital products are delivered by email or via access to a user account. Phisical products are delivered by polish post services. Delivery time depends on a country of deliverance (usually up to 7 working days in Europe, and up to 30 working days outside Europe).
The customer can use the following payment methods:
- Credit Card payment (Mastercard, Visa, American Express)
- PayPal payment
§ 9. Performance of Sales Agreement
- Conclusion of the Sales Agreement between the Client and the Seller takes place after prior placing an Order by the Client with the use of an Order Form in the on-line Store according to Clause 7 of these Terms & Conditions.
- After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of Order receipt and its acceptance for processing takes place by the Seller sending the Client a relevant e-mail to the e-mail address of the Client provided during the placing the Order. The e-mail contains at least the Seller’s declaration about receipt of the Order and its acceptance for processing and confirmation of conclusion of the Sales Agreement. At the moment when the Client receives the above e-mail, a Sales Agreement is concluded between the Client and the Seller.
- In case the Client chooses to pay via a transfer or electronic payment, the Client is required to settle the payment within 3 calendar days from the day of the conclusion of the Sales Agreement; otherwise, the Order shall be cancelled.
- If the Client selected method of delivery, the Product shall be sent by the Seller within a deadline specified in the description of the selected method (subject to the provisions of Section 5 of this Clause), in a mode selected by the Client whilst placing an Order.
- In case of ordering Products with various dates of delivery, the date of delivery shall be the furthest specified date. In case of ordering Products with various dates of delivery, the Client shall have the possibility of demanding delivery of Products in batches or delivery of all Products after the entire order has been compiled.
- The start of the Product delivery time to the Client is calculated from the day of crediting the Seller’s bank account.
- Delivery of Products is made to all countries around the world. The current list of serviced countries is presented on the Order site in the Payment Data -> Country section.
- Delivery of the Product to the Client is paid, unless the Sales Agreement specifies otherwise. Costs of delivery of a Product (including transport fees, delivery and postal services) are indicated to the Client on the on-line Store’s sites in the “Cost of Delivery” tab and during the placement of the Order, and also at the moment when the Client agrees to be bound by the Sales Agreement.
§ 10. Right to Cancel
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
- To exercise the right to cancel, you must inform us , e-mail: firstname.lastname@example.org, mobile: + 48 502 423 886) of your decision to cancel this contract by a clear statement sent by e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
- If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any goods supplied.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- You will have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
! The right to withdraw from a distance contract does not apply to:
- Agreements in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.
Model withdrawal form
Addressee Krzysztof Martens, email@example.com I / We () hereby inform / inform () about my / our withdrawal from the contract of sale of the following items () contract for the supply of the following items () contract for specific work consisting in the performance of the following items () / for the provision of the following service () Date of conclusion of the contract () / receipt () Name and surname of the consumer (s) Address of the consumer (s) Signature of the consumer (s) (only if the form is sent in paper version) Date (*) Delete as appropriate.
§ 11. Complaints
- The Sales Agreement refers to new Products.
- The Seller shall be required to provide the Client with items free of defects.
- In case of defects in the purchased Products, the Client shall have a right to file a complaint based on the provisions referring to the statutory warranty in the Polish Civil Code.
- If the Client is an entrepreneur, the Parties exclude liability under the statutory warranty.
- A complaint is to be filed electronically to the following address: firstname.lastname@example.org.
- It is recommended that the complaint should incorporate a brief description of the defect, along with circumstances of its detection, including date of the detection, date of the Client filing the complaint and the Client’s demand in relation to the defects in the Product. If the damage results from incorrect delivery of the Product, it is recommended to prepare, a damage report together with the courier during delivery of the Product.
- It is recommended to send a photo of the damage or the damaged package if the Product was damaged during transport.
- The Seller shall take a stance on the complaint immediately, however not later than within 14 days, and if the Seller fails to do so within such deadline, it is deemed that the Client’s demand was justified.
- Products sent back as part of the complaint procedure are to be delivered to the address specified by the Seller.
- After making a decision that the complaint is justified, the Seller shall replace the Product for a Product free of defects or return the full amount for the damaged Product to the Buyer.
§ 12. Out-of-Court Modes of Handling Complaints and Seeking Claims
Detailed information about the Consumer’s right to use out-of-court modes of handling complaints and seeking claims and principles of accessing these procedures are available in the registered office and on websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include protection of consumers, Province Inspectorates of Trade Inspection and at the following on-line addresses of the Office of Competition and Consumer Protection:
The Consumer shall have the following illustrative possibilities of exercising out-of-court modes of handling complaints and seeking claims at its disposal:
- The Consumer shall have a right to apply to a permanent consumer court of arbitration referred to in Art. 37 of the Act on Trade Inspection of 15 December 2000 (Polish Journal of Laws [Dz.U.] of 2014 item 148 as amended) for resolution of a dispute resulting from an Agreement concluded with the Seller.
- The Consumer shall have a right to apply to a province inspector of trade inspection according to 36 of the Act on Trade Inspection of 15 December 2000 (Polish Journal of Laws [Dz.U.] of 2014 item 148 as amended) for resolution of a dispute resulting from an Agreement concluded with the Seller.
- The Consumer may receive free assistance with respect to the dispute resolution between the Consumer and the Seller, also using the free assistance of poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include protection of consumers (including Consumers’ Federation, Association of Polish Consumers). § 13. Final Provisions
- The Agreements concluded by the on-line Store are made in English language.
- The Seller reserves the right to introduce changes to these Rules and Regulations due to material causes, that is: changes in legal provisions, changes in modes of payments and deliveries, increase in costs of services of the on-line store, including costs of hosting, as well as costs of maintenance or replacement of the necessary devices, hiring the necessary personnel, use of electricity, improvement of safety by the Seller, as well as functionality or level of protection of personal data – within a scope in which such changes influence the performance of the provisions of these Rules and Regulations. The Seller shall inform the Client about any change at least 7 days in advance.
- As of the day of informing the Client about the intention of changing the Rules and Regulations until entry into force of the changes in the Rules and Regulations, the Client shall have a right to terminate the Agreement with immediate effect. Due to termination of the Agreement referred to in the preceding sentence, the Client shall not incur any fees for the benefit of the Seller. As of the day of entry into force of changes in the Rules and Regulations, the Client shall be authorised to raise an objection to the proposed changes. In case the Client who did not terminate the Agreement in line with the fourth sentence of this paragraph raises objection referred to in the sixth sentence, the Agreement shall expire as of the date of entry into force of changes in these Rules and Regulations. If the Client does not raise objection referred to in the sixth sentence of this Clause, it is deemed that the Client agreed for the changes in the Rules and Regulations.
Issues not regulated in these Terms & Conditions shall be governed by generally applicable provisions of the Polish law and in particular: the Polish Civil Code; the Act on Rendering Electronic Services, the Act on Consumer’s Rights, the Act on the Protection of Personal Data. The Client shall have a right to use out-of-court modes of handling complaints and seeking claims. To this aim, the Client can file a complaint via the EU ODR platform which is available at the following address: http://ec.europa.eu/consumers/odr/