Statute
REGULATIONS OF THE WEBSITE www.mistrznocy.pl
I. GENERAL PROVISIONS
- The online store operating at Mistrznocy.pl is run by:
Kacper Dąbrowski, running a business under the name
Kacper Dąbrowski
entered into the Central Register and Information on Economic Activity
Tax Identification Number: 8491601290
REGON: 542071606
Address: Ełcka 43/8 12-250 Orzysz
E-mail address: kacper54114@gmail.com
Phone: 502338875
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These Regulations are continuously available on the website www.mistrznocy.pl, in a way that allows their acquisition, reproduction and recording of their content by printing or saving on a medium at any time.
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The website www.mistrznocy.pl operates under the principles set out in these Regulations.
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The Regulations define the types and scope of services provided electronically by the Website www.mistrznocy.pl, the rules for providing these services, the conditions for concluding and terminating contracts for the provision of services electronically and Product Sales Agreements, as well as the complaint procedure.
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Each Service User is obliged to comply with the provisions of these Regulations upon taking steps to use the Electronic Services of the Website www.mistrznocy.pl .
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The condition for placing an Order on the Website by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
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The website www.mistrznocy.pl conducts retail sales of Products via the Internet in Poland and other European Union countries.
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The products offered on the Website are new, free from legal defects and have been legally introduced to the Polish market.
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All trade names, product names, company names, and logos used on the Service's website at www.mistrznocy.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions, and images presented on the Service's website at www.mistrznocy.pl are used for informational purposes only.
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The Company hereby informs that the use of services provided electronically may pose a risk to every Internet user, including the possibility of malicious software being introduced into the Customer's IT system and unauthorized persons obtaining and modifying their data. To avoid the risk of these threats, the Customer should take appropriate measures.
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technical measures that will minimize their occurrence, in particular antivirus programs and firewalls.
II. DEFINITIONS
Whenever the following terms are used in these Regulations, they mean the following:
- Kacper Dąbrowski Ełcka 43/8 12-250 Orzysz
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Website : The Service Provider's website operating at www.mistrznocy.pl
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Agreement : an order for Online Training or a Product offered on the Website placed by the Client by completing the Form and accepting these Regulations in response to an offer submitted by a Representative on behalf of the Company or available on the website www.mistrznocy.pl
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Order : a declaration of will of the Customer, aimed directly at concluding a Contract, specifying in particular the type and quantity of the Product or Service.
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Customer : a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store.
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Consumer : A Customer who is a natural person and concludes an Agreement for a purpose not directly related to his or her business or professional activity.
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Fee : the Company's remuneration for the Services provided to the Client, as indicated on the website or through a Representative on behalf of the Company.
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Materials : any content provided to the Client in any form during or in connection with the Online Training.
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Product : a product presented in the Online Store, the description of which is available for each of the presented products;
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Service : courses indicated in the Form constituting physical or mental activities (including training, sessions) presented and delivered by the Company or an Associate of the Company.
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Working Days : days of the week from Monday to Friday, excluding public holidays.
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Regulations : these regulations.
- Newsletter – an electronic service that allows Website users to subscribe and receive free information from the Company, as well as marketing content, to their provided email address or via the Messenger platform. Website users must voluntarily consent to receiving the aforementioned content as part of the Newsletter.
III. RULES OF USE OF THE SERVICE
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The use of the Website is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
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a computer or mobile device with Internet access,
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access to e-mail,
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Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
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enabling Cookies and Javascript in your web browser.
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Using the Website means any action by the Customer that leads to him/her becoming familiar with the content contained on the Website.
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The customer is obliged in particular to:
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not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
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use the Website in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
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not taking actions such as: sending or posting unsolicited commercial information (spam) on the Website,
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use the Website in a way that is not burdensome for other Customers and the Company,
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use any content posted on the Website only for your own personal use,
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use the Website in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
IV. TYPE AND SCOPE OF ELECTRONIC SERVICES. TERMS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
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The Company enables the use of free Services via the Website, which are provided by the Seller 24 hours a day, 7 days a week.
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The Account management service on the Website is available after registration, which is possible, for example, when concluding the Agreement. Registration takes place by completing and accepting the registration form, available on one of the Website's pages or pages directly related to the Website. The Agreement for the provision of the Account management service on the Website is concluded for a period of time.
indefinite and is terminated when the Customer sends a request to delete the Account or uses the "Delete Account" button.
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The Company has the right to post advertising content on the Website. This content constitutes an integral part of the Website and the materials presented therein.
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The Company reserves the right to organize occasional contests and promotions, the terms of which will be posted on the Website. Promotions available on the Website cannot be combined unless the Terms and Conditions of a given promotion state otherwise.
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If the Customer breaches the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or remedy the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. CONDITIONS FOR CONCLUDING SALES AGREEMENTS
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Information about Products and Services provided on the Store's websites, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
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All Products available in the Online Store are brand new, free from physical and legal defects and have been legally introduced to the Polish market.
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The condition for placing an Order is to have an active e-mail account.
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In the case of placing an Order via the Order form available on the Website or via the Shopping Cart or on direct payment portals used by the Company, the Order is submitted to the Company by the Customer in electronic form and constitutes an offer to conclude the Agreement that is the subject of the Order.
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An offer submitted electronically is binding on the Customer at the time of placing the Order and making the Payment, or (in the case of payment by installments) making the advance payment.
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By making a purchase, the Customer confirms, upon making the Payment, that he or she has read the Regulations and Privacy Policy available on the Website.
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Orders placed on the Website by telephone or email must be placed on Business Days and during the hours indicated on the Website. To do so, the Customer should:
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provide in the content of the e-mail addressed to the Company the name of the Product or Service from among the Products or Services available on the website and its quantity,
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indicate the delivery method and payment method from among the delivery and payment methods provided on the Website,
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provide the data required to complete the Order, in particular: name and surname, place of residence, telephone number and e-mail address.
Information on the total value of the Order referred to in the point above is provided each time by the Company or its Representative by electronic means, together with information that the conclusion of the Agreement by the Customer entails the obligation to pay for the ordered Product or Service - at that moment the Agreement is concluded.
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In the case of a Customer who is a Consumer, the Company Representative each time an Order is placed, sends the Customer a confirmation of the terms of the placed Order via e-mail.
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The Agreement is concluded upon acceptance of the content of the sent Order and thus consent to its execution, accepting the content of the Regulations and confirming that he or she has read the instructions on withdrawal from the Agreement.
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After concluding the Agreement, the Company Representative confirms its terms to the Client by sending them to the Client's e-mail address.
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The contract is concluded in Polish, with content consistent with the Regulations.
VI. CONDITIONS OF PARTICIPATION IN ONLINE TRAINING
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The conclusion of the Agreement by the Client is tantamount to a declaration by the Client that he is familiar with the subject, scope and purpose of the Online Training.
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The Company is not responsible in any way for any unauthorized use or exploitation of its corporate logo, educational materials and products, or other materials by third parties for their own purposes.
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The conclusion of the Agreement by the Customer entitles him to:
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receiving Materials, if any are included in the purchased Online Training.
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The Client is not entitled to record or record in any way the course of the Online Training, except for handwritten, written notes.
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The Client acknowledges that the Online Training may be audio-video recorded by the Company, a Representative, or an entity acting on their behalf. The Client consents to the recording of their image and to the marketing by the Company or Representative of media on which the Client's image will be recorded.
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In the case of booked and paid Seminars in which the Client cannot participate, he is entitled to transfer the right to participate to a person indicated by him, provided that he notifies the Company or the Representative
about the above no later than 14 (fourteen) Business Days before the start of the Online Training, providing the contact details of the designated person, and paying an additional fee of PLN 100 (one hundred) gross. The Company is entitled to request that the person indicated by the Client submit a declaration of having read the Regulations and, with that person's consent, obtain other consents from them as indicated in the Form.
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The consumer acknowledges that, in accordance with Article 38, point 13 of the Act of 30 May 2014 on consumer rights, the right to withdraw from the contract does not apply in the case of a contract for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the expiry of the withdrawal period and after informing the consumer of the loss of this right.
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Subject to the provisions of the Agreement and the provisions of mandatory law, in the event of the Client's withdrawal from participation in the Online Training, the Client shall not be entitled to a refund of the Fees paid, and additionally in the situation referred to in Chapter VI, point 15(b), the Company reserves the right to claim an additional payment from the Client up to the full amount of the Fee.
VII. PRICES, PAYMENT METHODS, INVOICES
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Prices for Products and Services are given in Polish zloty (PLN) and include all components, including VAT, customs duties and other fees.
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In the case of Products that are movable items, the price does not include delivery costs.
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The Product price displayed on the Website is binding at the time the Customer places an Order. This price will not change regardless of any price changes on the Website that may occur for individual Products after the Customer places an Order.
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Promotional (sale) products have a limited number of pieces and Orders for them will be fulfilled in the order in which they are received until stocks of a given Product run out.
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The website processes orders placed from Monday to Sunday (7 days a week) 24 hours a day automatically.
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The Customer has several payment methods at his/her disposal – depending on the type of Offer on the website (Product or Service):
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In the case of electronic payment, order processing begins after the Seller receives payment confirmation from the payment operator.
Access to the purchased e-book or digital course will be provided to the Client immediately after the payment is credited, no later than within 24 hours of its receipt.
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On the Store's website, the Seller informs the Customer of the deadline by which they are required to pay for the Order. If the Customer fails to pay within the deadline referred to in the preceding sentence, the Company Representative, after an unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
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Full payment for the Online Training must be made before the Online Training begins. The payment deadline is the date the funds are credited to the Company's bank account.
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Persons purchasing the company's products and services declare that they consent to the sending of VAT invoices and VAT invoice corrections electronically.
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Persons who wish to receive a VAT invoice for purchased services are obliged to report this fact by the 15th day of the month following the month in which the money was transferred to the Company's account by e-mail: muwodzenia@gmail.com
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In the case of issued VAT invoices, the refund of amounts paid to the Company shall take place after the Company receives a correction of the VAT invoice signed by the person to whom the refund is to be made.
VIII. CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
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The right to withdraw from the Contract by the Consumer is excluded in the event of:
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provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement;
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A contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract;
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A contract in which the subject of the provision is a non-prefabricated Good, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
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A contract in which the subject of the provision is a Good that spoils quickly or has a short shelf life;
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A contract in which the subject of the provision is a Good delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
IX. A contract in which the subject of the provision are Products which, after delivery, due to their nature, are inseparably connected with other items;
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A contract in which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
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a Contract in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Contract in respect of additional services or Goods;
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an Agreement under which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of a Subscription Agreement;
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Contract concluded through public auction;
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Contracts for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
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Contracts for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the Seller has informed the Consumer of the loss of the right to withdraw from the Contract.
X. COMPLAINTS REGARDING PRODUCTS UNDER WARRANTY
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The Seller undertakes to deliver Products free from defects.
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The Seller is liable to the Customer, including the Customer who is a Consumer, under the warranty for defects under the terms specified in Articles 556 – 576 of the Civil Code.
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Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the following e-mail address: muwodzinia@gmail.com
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The Seller undertakes to consider each complaint within 14 days.
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If there are any deficiencies in the complaint, the Company will request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
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The response to the complaint is sent to the e-mail address provided by the Customer or in another manner specified by the Customer.
XI. COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS
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The Customer may submit complaints to the Company regarding the operation of the Website and the use of the Services. Complaints can be submitted in writing to the following email address: muwodzinia@gmail.com
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In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem.
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The Company undertakes to review each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be reviewed. If the complaint contains any missing information, the Company will request the Customer to complete it as necessary within 7 days of receiving the request.
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The response to the complaint is sent to the e-mail address provided by the Customer or in another manner specified by the Customer;
XII.INTELLECTUAL PROPERTY
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All content posted on the website at www.mistrznocy.pl is protected by copyright and is the property of Kacper Dabrowski Ełcka 43/8 12-250 Orzysz, (e-mail): muwodzenia@gmail.com . The Service User is fully liable for any damage caused to the Service Provider resulting from the use of any content of the website www.mistrznocy.pl without the Service Provider's consent.
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Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content of the website www.mistrznocy.pl constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
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All intellectual property rights used during or in connection with the Online Training are and remain the property of the Company or the Representative, which means that in connection with the Client's participation in the Online Training, no intellectual property rights will be transferred or assigned to the Client, but will only be owned by the Company, the Company's Associates, and the Representative.
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Any Materials provided or made available to the Client during the Online Training may be used solely for personal educational and training purposes. In particular, the Client may not reproduce the Materials or transfer or transfer the Materials or any other intellectual property owned by the Company, its Associates, or its Representative to any third party.
XIII.FINAL PROVISIONS
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Agreements concluded via the Website are concluded in accordance with Polish law.
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In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Regulations.
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Any disputes arising from the Agreements between the Service Provider and the Customer will be resolved primarily through negotiation, with the intention of resolving the dispute amicably. However, if this is not possible or is unsatisfactory for either party, the dispute will be resolved by a competent common court, in accordance with point 4 of this chapter.
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Judicial dispute resolution:
Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended). b) Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer shall be submitted to the competent court for the Service Provider's registered office.
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A Customer who is a Consumer has, among others, the following options for using out-of-court complaint and claim settlement methods:
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is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
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is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Client and the Company;
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may obtain free assistance in resolving a dispute between the Customer and the Company, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at porad@dlakonsumentow.pl;
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submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIV. Personal data protection
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The Controller of the shared personal data is Kacper Dąbrowski, Ełcka 43/8, 12-250 Orzysz, (e-mail)muwodzenia@gmail.com ("Controller"). The Controller processes personal data in accordance with the Privacy Policy available at www.mistrznocy.pl and generally applicable law, in order to perform the contract concluded between the User and the Controller, for other purposes permitted by law, and for purposes to which the Client has expressly and voluntarily consented. The Client has the right to access, correct, and delete their data, in accordance with applicable law.
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The Privacy Policy is easily accessible on the Website 24 hours a day, 7 days a week.
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Final provisions
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All rights to the Online Store, including copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos, belong to the Seller, and may only be used in the manner specified in and in accordance with the Regulations.
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Any disputes arising between the Seller and the Customer who is a Consumer shall be resolved by the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
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Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by the court having jurisdiction over the Seller's registered office.
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In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
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Each Customer will be notified of any changes to these Terms and Conditions through information on the Online Store's home page, which includes a summary of the changes and their effective date. Customers with an Account will also be notified of the changes, along with a summary of the changes, via the email address they provide. The effective date of the changes will be no less than 14 days from the date they are announced. If a Customer with a Customer Account does not accept the new Terms and Conditions, they are obligated to notify the Seller within 14 days of being informed of the changes. Notifying the Seller of non-acceptance of the new Terms and Conditions will result in termination of the Agreement.