Store regulations

Hello!

My name is Asia Dziuba-Gałda and I am the creator of digital content that I sell through my Store available at jezykikaukazu.pl. In the store, apart from digital content, I also sell other goods related to the languages ​​and culture of the Caucasus. I am very pleased that you have given me your trust and are interested in shopping in my store.

For the record, my registration data: Joanna Dziuba-Gałda – Wspieram Twój rozwój, ul. Zabrska 16/2, 40-083 Katowice, NIP: 7272695333

Below you will find the content of the Regulations, which contains information, among others: about the method of placing an order and concluding a contract, payment methods available in the Store, or complaint procedure.

If you have any questions, I am at your disposal at the following e-mail address: joanna@jezykikaukazu.pl (preferred means of communication) and telephone number 534795517 Mon.-Fri. between 10:00-11:00 (Warsaw time) joanna@jezykikaukazu.pl (preferowany środek komunikacji) oraz nr telefonu 534795517pn.-pt. w godzinach: 10:00-11:00 

Regards and happy shopping

Asia Dziuba-Gałda

§ 1 Definitions

For the purposes of these Regulations, the following terms shall have the following meaning:

  1. Buyer - a natural person, legal person or organizational units that are not legal persons, to whom the law grants legal capacity, using the Store's website or making purchases in it.
  2. Consumer - a natural person concluding a contract with the Seller not directly related to its business or professional activity, however, from January 1, 2021, the provisions on the consumer's right to withdraw from a distance contract and the consumer's rights in the event of non-compliance of digital content or other goods with the contract also applies to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  3. Regulations - these regulations, available at www.jezykikaukazu.pl/regulamin
  4. Store - an online store available at www.jezykikaukazu.pl/sklep
  5. Seller - Joanna Dziuba-Gałda, running a business under the name "Joanna Dziuba-Gałda – Wspieram Twój rozwój, ul. Zabrska 16/2, 40-083 Katowice, NIP: 72727695333

§ 2 Preliminary Provisions

  1. Through the Store, the Seller sells digital content and services, other goods and provides electronic services to the Buyer in accordance with § 3 of the Regulations.
  2. The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.
  3. To make a purchase via the Store (including to set up and use a user account) it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. Sufficient are:
    1. Internet access,
    2. standard operating system,
    3. standard web browser,
    4. having an active e-mail address.
  4. To use the delivered digital content and services (e.g. language courses, e-books, webinars) it is necessary to meet the following technical conditions by the Buyer's computer or other device:
    1. Internet access,
    2. standard operating system,
    3. standard web browser,
    4. standard office suite (e.g. Microsoft Office, OpenOffice, LibreOffice),
    5. standard .pdf file viewer (e.g. AdobeReader),
    6. standard video player (e.g. WindowsMediaPlayer),
    7. having an active e-mail address.
    8. Microphone and camera for live events
  5. To receive the subscribed Newsletter, the following are sufficient
  1. Internet access,
  2. standard operating system,
  3. standard web browser,
  4. having an active e-mail address.
  1. In a situation where the use of digital content or services provided by the Seller would require the fulfillment of additional technical conditions, these conditions are indicated in the description of the digital content in the Store or in the appropriate place on the Seller's website, respectively
  2. The buyer cannot make a purchase anonymously or under a pseudonym. The buyer should be at least 18 years of age at the time of purchase and have full legal capacity or be a legal person / organizational unit without legal personality, which can acquire rights and incur liabilities on its own behalf. If the Buyer is under 18 but over 13, he may use the Store in the scope of contracts commonly concluded in minor, current matters of everyday life (purchase of e.g. a book) or after obtaining the consent of a statutory representative (e.g. a parent).
  3. It is forbidden for the Buyer to provide unlawful content, in particular by sending such content as part of forms, if it is available in the Store.
  4. All prices in the Store are gross prices, while in the case of goods (non-digital content) the prices quoted in the Store do not include delivery costs, which are given when choosing the method of delivery of the goods - the total cost of the order (price of the goods together with delivery costs) is given are in the basket before the final order is placed by the Buyer
  5. Goods sold in the Store may be covered by promotions. If the Store introduces a promotion, its rules may be specified in separate regulations of the promotion. As a rule, promotions do not combine, unless the Seller specifies otherwise in a given case.

§ 3 Services provided electronically

  1. Through the Store, the Seller provides electronic services to the Buyer, described in this paragraph, which support shopping, access to purchased digital content or serve to provide information about the Store's offer and the Seller's activities.
  2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller.
  3. The Seller also provides the Buyer with an electronic service consisting in setting up and maintaining a user account in the Store. The user's account stores the Buyer's data and the history of orders placed by him in the Store and digital content to which access has been purchased. The Buyer logs in to the Account using his e-mail address and an automatically generated (for the first login) and then a password defined by himself. In the event of a change of email address, the Buyer should immediately notify the Seller in order to maintain the continuity of the service.
  4. Setting up an account in the Store is done by completing a separate user account registration form available in the Store. The Buyer may delete the user's account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the user account will not delete information about orders placed using the account, which the Seller will store for the entire duration of the Store's operation, unless the Buyer objects to storing this information beforehand, and the Seller will not have an overriding interest in storing it.
  5. Usługi na rzecz Kupującego drogą elektroniczną opisane w pkt. 1-4 powyżej świadczone są nieodpłatnie. Odpłatne są natomiast umowy o dostarczenie treści cyfrowych i usług cyfrowych zawierane za pośrednictwem Sklepu (z wyjątkiem umowy o przesyłanie Newslettera) oraz zakup innych towarów w Sklepie.
  6. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data being processed by unauthorized persons. The Seller informs the Buyer at his request submitted via e-mail to the Seller's e-mail address joanna@jezykikaukazu.pl about the specific risks associated with the use of any services provided electronically as part of the operation of the Store.
  7. The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller about any possible irregularities or interruptions in the functioning of the Store.
  8. Any complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the e-mail address joanna@jezykikaukazu.pl In the complaint, the Buyer should specify the type and date of occurrence of irregularities related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer about the receipt of the complaint, and then its resolution to the e-mail address of the complainant.

§ 4 Newsletter

  1. If the Buyer decides to subscribe to the Newsletter, the Seller, on the basis of a contract for the supply of digital content, provides the Buyer with e-mails containing information about new products, promotions and digital content or goods available in the Seller's Store or services provided by the seller. Subscription to the Newsletter takes place by completing and sending the subscription form to the Newsletter or by checking the appropriate checkbox in the ordering process and accepting the terms of the contract for the provision of digital content in the form of the Newsletter. Then the Buyer will receive a confirmation link to the e-mail address provided, which must be clicked to confirm the subscription to the list of Newsletter subscribers. The Buyer may unsubscribe from the Newsletter at any time by clicking the unsubscribe button visible in each message sent as part of the Newsletter or by sending a relevant request to the Seller.
  2. The Seller may enable the Buyer, in situations specifically indicated on the Store's website, to conclude a contract for the provision of digital content free of charge, if the Buyer provides the Seller with his personal data required to subscribe to the Newsletter and agrees to send him the Newsletter. Digital content is then delivered to the user by sending it to the e-mail address provided by the Buyer. If the Buyer does not want to consent to the sending of the Newsletter, but would like to provide him with the above-mentioned digital content for a fee, this requires individual contact with the Seller. In the event of non-compliance of the delivered digital content with the contract, the Buyer may submit a complaint on the appropriately applied principles described in the further part of the Regulations, he may also withdraw from the contract within 14 days of concluding the contract, without giving any reason - it is enough to provide information in this regard to the Seller, which is tantamount to resignation from receiving the Newsletter. Regardless of the right to withdraw from the contract, on the general terms of the Newsletter, the Buyer may resign from receiving it at any time.

§ 5 Intellectual Property Rights

  1. The Seller hereby instructs the Buyer that the content available on the Store's website as well as digital content and goods sold through the Store, as well as digital content covered by the Newsletter, may constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights ( as amended), to which the copyright is vested in the Seller and/or other entities.
  2. The Seller hereby instructs the Buyer that further dissemination of content covered by copyright by the Buyer without the consent of the Seller/copyright holder, except for the use of the content as part of permitted personal use, constitutes a violation of the copyrights of the Seller and/or possibly other entities and may result in civil or criminal liability

§ 6 Concluding a contract

  1. The buyer can place an order as a registered customer
  2. registered customer is a Buyer who has an account in the Store. The Buyer may set up an account by completing a separate account registration form available in the Store.
  3. If the Buyer has an account in the Store, he should log in to it before placing an order. Logging in is also possible when placing an order by clicking on the link available as part of the displayed message.
  4. The Buyer has the option of displaying the Store's website in Polish or in other languages ​​currently available on the website, as well as displaying the purchase prices / access to digital content and / or other goods in the Polish currency (PLN) as well as other currencies in which prices are currently displayed in the store (e.g. USD). Placing an order is done by completing the order form after adding the digital content and/or other goods of interest to the Buyer's basket. In the form, it is necessary to provide the data necessary to complete the order. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read beforehand, as well as the Privacy Policy. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.
  5. The ordering process is completed by clicking the order finalizing button. Clicking the "buy and pay" button finalizing the order constitutes the Buyer's declaration of will leading to the conclusion of a payable contract with the Seller for the supply of digital content and/or the sale of other goods,
  6. If the Buyer chose online payment when placing the order, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator to make the payment for the order, and after successful payment, the Buyer will receive an order confirmation. If the Buyer has chosen payment by bank transfer, after clicking the button finalizing the order, he will be redirected to the Store's website with order confirmation and payment instructions. Payment for the order should be made within 5 days of concluding the contract, otherwise the order is cancelled.

§ 7 Payments

  1. The only payment option available in the Store is electronic payment.
  2. Electronic payments, including card payments, are handled by Paypal and PayU.
  3. If the Buyer has asked for an invoice, it will be delivered to the Buyer electronically, to the e-mail address provided in the order form.

§ 8 Performance of the contract

  1. An order involving digital content is processed by sending a message to the e-mail address provided by the Buyer in the order form with instructions for downloading or accessing the purchased digital content (e.g. a language course on the platform, access to which will be enabled as part of the user's account)
  2. In the case of self paced language courses available in the Store, all digital content is made available to the Buyer after the purchase, so that the Buyer can use the content at his own pace with the support of the platform available as part of the user's account. Access to the content included in the language course on the platform is generally possible indefinitely (for the entire period of operation of the Store's website, - the Seller will warn the Buyer in advance in the event of its termination).Possible different rules regarding access to some digital content are communicated in the information contained in the description of digital content on the Store's website (for example, that after a given period of time, the Buyer will lose access to the content)
  3. In the case of enrollment in group and individual courses, lessons take place on days and times defined in the product via Zoom or Google Meet (as specified in the products). The participant receives materials for classes and links to the classroom. In the case of group courses, classes are held regularly, and if the student of group classes is not present at the Classes, he or she will receive information from the Organizer about the scope of material covered during the Classes at which he or she was absent. In the case of a student of individual classes, changing the class date is possible 4 hours before the start of classes. Otherwise, the meeting is deemed to have taken place.
  4. In the case of digital content, including language courses, the Buyer is obliged to access them in a manner consistent with the law, the Regulations and decency, in particular:
    1. use access to digital content in a way that does not interfere with the use of access by other users, does not infringe any rights, goods or interests of third parties, does not adversely affect the functioning of the Store's website and platform, in particular through the use of malicious software,
    2. not to share access data to your user account with any third parties,
    3. not to distribute digital content or its individual fragments without the prior consent of the Seller.
  5. If the user's account, including the course platform, is used in a manner contrary to sec. 3 above, the Seller retains the right to block the Buyer's access to the account/platform.
  6. In the event of the need to update the digital content (e.g. correction or Seller's decision to introduce an improvement to the current version of the digital content), the Buyer will be informed about the change in advance and will retain access to both the current version and the version of the digital content after the update.
  7. In the case of goods other than digital content, the order is fulfilled by sending the goods to the Buyer in accordance with the delivery option chosen by him. In the event of unforeseen difficulties with the execution of the order beyond the Seller's control, the Buyer will be immediately informed of this fact by the Seller in order to find an optimal solution

§ 9 Consumer's withdrawal from the contract

  1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract.
  2. The consumer is not entitled to withdraw from a distance contract, e.g. in relation to contracts:
    1. delivery of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service began that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted this, and the Seller provided the consumer with a confirmation of the conclusion of a distance contract containing information about the consumer's consent to provide digital content in circumstances resulting in the loss of the right to withdraw from the contract.
    2. provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that he would lose the right to withdraw from the contract after the performance of the service by the Seller, and acknowledged this ;
    3. in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
    4. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    5. delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
  3. The deadline to withdraw from the contract expires after 14 days: in the case of digital content - from the date of conclusion of the contract, and in the case of other goods - from the date on which the consumer came into possession of the goods or on which a third party other than the carrier and indicated by the consumer has taken possession of the goods.
  4. To exercise the right to withdraw from the contract, the consumer informs the Seller about his decision to withdraw from the contract by way of an unequivocal statement (for example, a letter sent by e-mail to the following e-mail address:
  5. The consumer may use the template withdrawal form,  but it is not mandatory. In order to meet the deadline for withdrawal from the contract, it is enough for the consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract.
  6. In the event of withdrawal from the contract, we return to the consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method offered by us), immediately and in any case not later than 14 days from the day on which we were informed about the consumer's decision to exercise the right to withdraw from the contract.
  7. We will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the consumer has expressly agreed to a different solution; in any case, the consumer will not incur any fees in connection with this return. We may withhold the reimbursement until receipt of the goods or until you provide us with proof of its return, whichever occurs first. The goods should be returned to us to the address agreed with the Seller immediately, and in any case not later than 14 days from the date on which the consumer informed the Seller about the withdrawal from the contract. The deadline is met if the goods are sent back before the period of 14 days has expired.
  8. As a rule, we bear the costs of returning the goods, but if the goods, due to their nature, cannot be sent back by post, the consumer bears the direct costs of returning the goods (the amount of these costs is estimated at a maximum of approximately PLN 20.)
  9. The consumer is only liable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  10. In the case of services, if the consumer has requested the provision of services before the expiry of the deadline to withdraw from the contract, the consumer is obliged to pay the Seller an amount proportional to the scope of services provided until he informed the Seller about withdrawal from the contract.

  11. In the case of a group course, it is possible to cancel it with 1 month's notice, effective at the end of the calendar month. The Organizer is also entitled to the same deadline and right.

  12. The organizer may also terminate the group course without notice if:

    a) there are obstacles to the implementation / continuation of the Course due to reasons attributable to the Organizer or for reasons beyond its control.

    b) during the Course, the number of Students will decrease below the Minimum Number of Students, unless the Student agrees to connect with another group of similar level or increase the fee for the Course,

    c) The student violates the rules set out by the Organizer or experiences a delay longer than 7 days in paying for the Course.

§ 10 Responsibility for the compliance of digital content or other goods with the contract

  1. The Seller is obliged to provide the Buyer with digital content or other goods in accordance with the contract / free from defects.
  2. The Seller is liable to the Buyer if the digital content/other goods are inconsistent with the contract.
  3. If the Buyer finds non-compliance with the contract of digital content/other goods, he should inform the Seller about it, specifying his claim related to the found non-compliance or submitting a statement of appropriate content.
  4. The buyer may use the complaint formhowever, it is not mandatory.
  5. The Buyer may contact the Seller via e-mail to the e-mail address joanna@jezykikaukazu.pl
  6. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him using the means of communication with which the complaint was submitted (in writing or via e-mail, respectively)
  7. Detailed information on the consumer's rights regarding the compliance of the digital content / other goods with the contract is presented in Appendix No. 1 to the Regulations.
  8. If the Buyer is not a consumer or a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of its business activity , made available on the basis of the provisions on the Central Register and Information on Economic Activity, he may also submit a complaint, but in this case the Seller's liability is limited to requesting replacement, removing the defect / bringing it into compliance with the contract. However, the seller may, at his discretion, immediately replace the goods with a new one, remove the defect / bring it into conformity with the contract or withdraw from the contract by returning the price paid for the goods or digital content. The Seller's liability for any damage caused to a Buyer who is not a consumer and to whom consumer regulations do not apply is limited to the amount paid by the Buyer to the Seller for the purchase of a given good or digital content.

§ 11 Opinions published on the Store's website and their verification

On the Store's website, only opinions of persons who are or were the Seller's customers and have purchased digital content or other goods sold by the Seller or used the services provided by the Seller may be published. opinion and consent to its publication

§ 12 Personal data and cookies

  1. The administrator of the Buyer's personal data is the Seller.
  2. The Buyer's personal data is processed for the following purposes and based on the following legal grounds:
    1. conclusion and performance of the contract, including the contract for the provision of digital content in the form of a Newsletter - art. 6 sec. 1 lit. b GDPR,
    2. fulfillment of tax and accounting obligations - art. 6 sec. 1 lit. c GDPR,
    3. defense, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 lit. f GDPR,
    4. handling inquiries sent by Buyers not yet leading to the conclusion of the contract, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 lit. f GDPR,
  3. The recipients of the Buyer's personal data are: tax offices, accounting office, hosting provider, invoicing system provider, course/webinar platform provider, CRM system provider, mailing system provider.
  4. The Buyer's personal data is stored in the Seller's database throughout the entire the time of conducting business activity in order to ensure the possibility of identifying the returning customer, which, however, the Buyer may object to by demanding the removal of his data from the Seller's database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer's data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer's personal data is stored for the period required by law.
  5. The Buyer's rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to lodge a complaint to the President of the Office for Personal Data Protection.
  6. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to the Newsletter.
  7. The store uses cookies technology.
  8. Details related to personal data and cookies are described in the Privacy Policy available at joanna@jezykikaukazu.pl

§ 13 Out-of-court methods of dealing with complaints and pursuing claims

  1. The Seller agrees to submit any disputes arising in connection with the concluded contracts for the supply of digital content through mediation proceedings. Details will be determined by the parties to the conflict.
  2. The consumer has the option of using extrajudicial means of dealing with complaints and pursuing claims. Among other things, the Consumer has the option of:
    1. request a permanent amicable consumer court to settle a dispute arising from the concluded contract,
    2. pply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
    3. use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
  3. More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://polubowne.uokik.gov.pl.
  4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odrThe platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§ 14 Final Provisions

  1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of goods, digital content or services in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
  2. The Seller reserves the right to make changes to the Regulations, e.g. in the case of adapting the Regulations to changes in the law, changes in the functionality of the Store, improving the quality of customer service, or changing the Seller's data. For contracts concluded before the amendment to the Regulations, the Regulations in force on the date of conclusion of the contract shall apply. The Seller informs about the change in the content of the Regulations as part of a message posted on the Store's website, and in the case of Buyers who have a user account - via e-mail. Changes to the Regulations will apply within 7 days from the date of notification of the changes.
  3. Any disputes related to contracts concluded through the Store will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers, in the case of which the jurisdiction of the court is considered on general terms. Starting from 01/01/2021, this provision also does not apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the performed activity business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity - in the case of such a person, the jurisdiction of the court is considered on general terms.
  4. These Regulations in the current version are valid from August 1, 2023.
  5. All archival versions of the Regulations are available for download in the .pdf format - links are located below the Regulations.

Attachment No 1

Details of the consumer's rights regarding the conformity of the digital content/goods with the contract 

  1. The Seller shall be liable to the consumer for the lack of conformity of the goods with the contract existing at the time of its delivery and revealed within two years from that moment, unless the expiry date of the goods, specified by the Seller, his legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the goods with the contract, which became apparent within two years from the moment of delivery of the goods, shall be presumed to have existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the goods or the nature of the lack of conformity of the goods with the contract.
  2. With regard to goods with digital elements, the Seller shall be liable to the consumer for the lack of conformity with the contract of digital content or digital service supplied continuously, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This period may not be shorter than two years from the moment of delivery of the goods with digital elements. The lack of conformity of the digital content or digital service with the contract is presumed to have occurred at that time if it became apparent at that time.
  3. In terms of digital content, details regarding compliance with the contract and complaints are governed by point 13 et seq. of this Annex.
  4. If the goods are inconsistent with the contract, the consumer may demand that they be repaired or replaced.
  5. The Seller may make a replacement when the consumer demands repair, or may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into compliance with the contract.
  6. The seller shall make the repair or replacement within a reasonable time from the moment when he was informed by the consumer about the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
  7. The consumer makes the goods subject to repair or replacement available to the Seller. The seller collects the goods from the consumer at his own expense.
  8. If the goods are inconsistent with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
  9. the seller refused to bring the goods into compliance with the contract;
  10. b) the seller did not bring the goods into compliance with the contract;
  11. c) the lack of conformity of the goods with the contract continues, even though the Seller has tried to bring the goods into conformity with the contract;
  12. d) the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of protection measures in the form of replacement or repair;
  13. e) it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
  14. The reduced price must be in such proportion to the price resulting from the contract, in which the value of the non-conforming goods remains to the value of the goods in accordance with the contract.
  15. The seller returns to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction.
  16. In the event of withdrawal from the contract, the consumer immediately returns the goods to the Seller at his expense.
  17. The seller returns the price to the consumer immediately, not later than within 14 days from the date of receipt of the goods or proof of sending them back.
  18. Punkty od 13 do 26 precyzują uprawnienia konsumenta w przypadku niezgodności z umową treści cyfrowej (w tym również towaru, który służy wyłącznie jako nośnik treści cyfrowej).
  19. If the Seller has not provided the digital content or digital service, the consumer calls on him to deliver them. If the Seller fails to deliver the digital content or digital service immediately or within an additional period expressly agreed by the parties, the consumer may withdraw from the contract. However, the consumer may withdraw from the contract without requesting the delivery of digital content or digital service if:
  20. it is clear from the Seller's statement or circumstances that he will not provide digital content or digital service or
  21. the consumer and the Seller have agreed or it is clear from the circumstances of the conclusion of the contract that the specified date of delivery of the digital content or digital service was of significant importance to the consumer, and the Seller did not deliver them within this period.

This point does not apply if the contract provides for the delivery of digital content via material carrier.

via material carrier.

  1. The seller shall inform the consumer about updates, including security updates, necessary to maintain the conformity of the digital content or digital service with the contract and provide them to the consumer for:
  2. the supply of digital content or a digital service specified in the contract on the basis of which the supply takes place on a continuous basis, or
  3. reasonably expected by the consumer, taking into account the type of digital content or digital service and the purpose for which they are used, as well as the circumstances and nature of the contract, if the contract provides for the delivery of digital content or digital service once or in parts.
  4. f the consumer fails to install the updates provided by the Seller within a reasonable time, the Seller shall not be liable for the lack of conformity of the digital content or digital service with the contract resulting solely from the lack of updates, if:
  5. informed the consumer about the update and the consequences of not installing it;
  6. failure to install or improper installation of the update did not result from errors in the installation instructions provided by the Seller.
  7. The seller is liable for the lack of conformity with the contract of digital content or digital services delivered once or in parts, which existed at the time of their delivery and became apparent within two years from that moment. The lack of conformity of the digital content or digital service with the contract, which becomes apparent within one year from the delivery of the digital content or digital service, shall be presumed to have existed at the time of delivery.
  8. The Seller shall be liable for the non-conformity of the digital content or digital service delivered continuously with the contract, which occurred or became apparent at the time when, according to the contract, they were to be delivered. The lack of conformity of the digital content or digital service with the contract is presumed to have occurred at that time if it became apparent at that time.
  9. The seller is liable for the lack of compliance with the contract of digital content or digital service to the extent regulated in point 15, which occurred within the time specified in that provision.
  10. The presumptions set out in point 17 and 18 do not apply if
  11. the consumer's digital environment is not compatible with the technical requirements of which the Seller informed him in a clear and understandable way before concluding the contract;
  12. the consumer, informed in a clear and understandable way before concluding the contract about the obligation to cooperate with the Seller, to a reasonable extent and using the least onerous technical means, in order to determine whether the lack of conformity of the digital content or digital service with the contract arises in due time from the characteristics of the consumer's digital environment, does not fulfill this obligation
  13. If the digital content or digital service is not in conformity with the contract, the consumer may request that it be brought into conformity. The Seller may refuse to bring the digital content or digital service into conformity with the contract, if bringing the digital content or digital service into conformity with the contract is impossible or would require excessive costs for the Seller.
  14. The seller shall bring the digital content or digital service into conformity within a reasonable time from the time the consumer has informed the seller of the lack of conformity and without undue inconvenience to the consumer, taking into account their nature and the purpose for which they are used. important. The costs of bringing the digital content or digital service into compliance with the contract shall be borne by the Seller. If the digital content or digital service is inconsistent with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
  15. bringing the digital content or digital service into conformity with the contract is impossible or requires excessive costs;
  16. the seller has not brought the digital content or digital service into conformity with the contract,
  17. the lack of conformity of the digital content or digital service with the contract persists even though the Seller has attempted to bring the digital content or digital service into conformity with the contract;
  18. the lack of conformity of the digital content or digital service with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior recourse to the protection measure of bringing into conformity;
  19. it is clear from the Seller's declaration or circumstances that he will not bring the digital content or digital service into conformity within a reasonable time or without undue inconvenience to the consumer.
  20. he reduced price must be in such proportion to the price resulting from the contract that the value of the non-conforming digital content or digital service remains in proportion to the value of the digital content or digital service which is in conformity with the contract. If the contract stipulates that the digital content or digital service is to be supplied in parts or continuously, the price reduction shall take into account the time during which the digital content or digital service remained inconsistent with the contract.
  21. After withdrawing from the contract, the Seller may demand the return of the tangible medium on which the digital content was delivered, within 14 days from the date of receipt of the consumer's declaration of withdrawal from the contract. The consumer returns the carrier immediately and at the expense of the Seller.
  22. The seller is not entitled to claim payment for the time during which the digital content or digital service was inconsistent with the contract, even if the consumer actually used it before withdrawing from the contract.
  23. The seller is obliged to refund the consumer the price due as a result of exercising the right to withdraw from the contract or reduce the price immediately, not later than within 14 days from the date of receipt of the consumer's statement on withdrawal from the contract or price reduction. The seller refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

This is the second version of the regulations, introduced on July 31, 2024