These Regulations specify the conditions for concluding Product Sales Agreements and the complaint procedure and conditions for withdrawing from Sales Agreements, as well as the types and scope of services provided electronically by the Online Store operating at znanytrener.ai, rules for providing these services, conditions for concluding and terminating agreements for the provision of electronic services.
Each Service Recipient, upon taking steps to use the services of the Online Store znanytrener.ai, is obliged to comply with the provisions of these Regulations.
In matters not covered by these Regulations, generally applicable provisions of law shall apply, in particular:
The Service Provider has designated an electronic Contact Point related to the Online Store intended for direct communication with authorities of Member States, the Commission, the Digital Services Board: kontakt@znanytrener.ai. The same Contact Point can be used by the Service Recipient for direct and quick communication with the Service Provider. Communication can be conducted in Polish or English.
The Online Store znanytrener.ai sells Products via the Internet.
Products are free from physical and legal defects. Information regarding functionality or significant compatibility and interoperability of Products being goods with digital elements, digital content or digital services are included in the offer of a given Product in the Online Store.
Information on the Online Store website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer submits an offer to buy a specific Product to the Service Provider under the conditions given in the Product description in the Online Store.
Product prices visible in the Online Store contain all price components, including VAT, excluding delivery costs.
The Product price shown on the Online Store website is binding at the time the Customer places the Order. Any changes in Product prices in the Online Store, including promotions and rebates that occurred after the date of placing the Order, do not affect the price set in the Order placed by the Customer.
Orders can be placed online by filling out the Order Form.
The condition for placing an Order in the Online Store by the Customer is setting up a Customer account in the Online Store, reading the Regulations and accepting its provisions at the time of placing the Order.
In the event that the Service Provider is forced, before commencing the implementation of the Sales Agreement, for reasons beyond its control, to change significant conditions of the Sales Agreement with the Customer, it will immediately notify the Customer about this.
In the situation referred to in para. 8 above, the Customer has the right:
The Customer is obliged to inform the Service Provider immediately about their decision. Order fulfillment will be suspended until information is obtained from the Customer.
In the event of withdrawal from the Sales Agreement pursuant to para. 9 above or when the Service Provider cancels the execution of the Sales Agreement for reasons beyond the Customer's control, the Customer is entitled to an immediate refund of the entire amount paid to the Service Provider.
The Sales Agreement is concluded at the moment the Customer places the Order (clicking the "Order and pay" button or another with similar meaning) unless otherwise indicated in the Product description. If, at the express request of the Customer, the performance of the service is to begin before the deadline to withdraw from the Sales Agreement, the Service Provider requires the Customer to submit a statement:
After placing the Order, the Service Provider immediately confirms its receipt and acceptance of the offer by sending an e-mail to the address indicated by the Customer in the Order Form.
Confirmation of Order receipt contains:
Each Sales Agreement will be confirmed by appropriate proof of purchase, which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.
The Service Provider delivers the Product to the Customer immediately after concluding the Sales Agreement and booking or confirming payment of the Product price by the Customer.
The Service Provider specifies the method of payment of the Price and costs for delivering Products in the Online Store.
In the case of payment via an electronic payment system, the Customer makes the payment before starting the Order fulfillment. The electronic payment system allows payment by credit card or quick transfer from selected Polish and foreign banks.
In the event that, at the Customer's choice, payment of the Price and costs for delivering Products takes place via a Payment Service Provider, then the Customer is obliged to accept the regulations applied by the given Provider before making the payment.
The Sales Agreement will be executed only after the Price has been paid.
The basis and scope of the Service Provider's liability towards the Customer is defined by Art. 43a and subsequent of the Act on Consumer Rights.
Complaints regarding the Product should be directed by the Customer to the Service Provider via e-mail to the address: kontakt@znanytrener.ai or in writing to the Service Provider's address indicated in § 1 of the Regulations.
The complaint notification should contain as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details.
The Service Provider will respond to the Customer's request immediately, no later than within 14 days from the moment of reporting the complaint.
In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 7 para. 9 of the Regulations - failure to consider the complaint within 14 days of its submission is synonymous with its acceptance.
The response to the complaint is provided in accordance with the communication channel indicated by the Customer in the complaint notification.
Subject to para. 7 below, the Customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of concluding the Sales Agreement in accordance with Art. 27 and subsequent of the Act on Consumer Rights.
To exercise the right of withdrawal, the Customer must inform the Service Provider of their decision.
To withdraw from the Sales Agreement, the Customer may use the model withdrawal form attached to the Regulations.
To meet the deadline to withdraw from the agreement, it is sufficient for the Customer to send information regarding the exercise of their right of withdrawal before the expiry of the deadline to withdraw from the agreement to the address or Service Provider's address indicated in § 1 of the Regulations.
The Service Provider will refund all payments received from the Customer immediately, but no later than 14 days from the day on which the Service Provider was informed about the withdrawal from the Sales Agreement, unless the Customer exercises the right to withdraw from the Sales Agreement after submitting the request referred to in §4.1. above - then the Customer is obliged to pay for services fulfilled until the moment of withdrawal from the Sales Agreement.
The Service Provider will make the refund using the same payment methods that were used by the Customer to pay for the Order, unless the Customer has agreed to a different solution.
The right to withdraw from a distance agreement is not entitled to the Customer in relation to agreements:
The right to withdraw from the Sales Agreement is entitled to both the Service Provider and the Customer.
An Entrepreneur with consumer rights is covered by protection provided for by relevant provisions of law, provided that the Sales Agreement or agreements for the provision of Electronic Services that they conclude with the Service Provider do not have a professional character.
A person conducting business activity referred to in para. 9 above is covered by protection solely in the scope of:
The Entrepreneur referred to in para. 9 above loses consumer protection rights if the Sales Agreement they concluded with the Service Provider has a professional character, which results in particular from the subject of business activity performed by this entrepreneur, made available on the basis of provisions on the Central Registration and Information on Business.
The Service Provider enables the use of Electronic Services via the Online Store such as:
The provision of Electronic Services to Service Recipients of the Online Store takes place on the terms specified in the Regulations.
The Service Provider has the right to post advertising content on the Online Store website. These contents constitute an integral part of the Online Store and materials presented therein.
The provision of Electronic Services by the Service Provider is free of charge.
Period for which the agreement is concluded:
Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
The Customer is obliged to:
The Service Provider reserves the right to monitor content posted in the Online Store by Service Recipients and to take actions and decisions to remove such content.
Service Recipients have the right to report to the Service Provider any noticed illegal or violating the Regulations content using the Contact Form (hereinafter: "Report").
The Service Provider will consider each Report sent by Service Recipients within thirty (30) days of its receipt, with due diligence, objectively and non-arbitrarily.
The Service Provider, issuing decisions regarding the Report, notifies the Service Recipient sending the Report without undue delay. In the case of issuing a decision specified in point 9 and following, and having electronic contact details, the Service Provider informs about its decision along with justification, also the Service Recipient responsible for specific content.
In the case of removing Service Recipient content as a result of an algorithmic decision by the Service Provider, the Service Recipient should be informed about this fact. Service Recipients also have the right to appeal against decisions made by algorithms used by the Service Provider.
Service Provider's decisions in relation to Service Recipients may consist, among others, of:
The Service Recipient has the right to appeal against any decision of the Service Provider within fourteen (14) days of receiving the Service Provider's decision.
The Service Provider has fourteen (14) days to consider the appeal
Complaints related to the provision of Electronic Services via the Online Store may be submitted by the Customer via e-mail to the address: kontakt@znanytrener.ai or the Service Provider's address indicated in § 1 of the Regulations.
The complaint notification should contain as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details.
The Service Provider will respond to the Customer's request immediately, no later than within 14 days from the moment of reporting the complaint,
In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 7 para. 9 of the Regulations – failure to consider the complaint within 14 days of its submission is synonymous with its acceptance.
The response to the complaint is provided in accordance with the communication channel indicated by the Customer in the complaint notification.
All content posted in the Online Store is protected by copyright and is the property of the Service Provider.
Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the Online Store constitutes a violation of copyright belonging to the Service Provider and results in civil and criminal liability.
Within the Online Store, the Service Provider does not allow the publication of opinions about Products.
Agreements concluded via the Online Store are concluded in accordance with Polish law.
In the event of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
Any disputes arising from Sales Agreements between the Service Provider and Consumers will be resolved primarily through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. If, however, this would not be possible, or would be unsatisfactory for any of the parties, disputes will be resolved by the competent common court, in accordance with para. 4 of this paragraph.
Judicial dispute resolution:
A Customer who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting, after the complaint procedure is completed, a request for mediation or a request for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance of a poviat (city) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the completion of the complaint procedure is free of charge.
In order to resolve the dispute amicably, the Consumer may in particular submit a complaint via the ODR (Online Dispute Resolution), internet platform, available at: http://ec.europa.eu/consumers/odr/.
The Service Provider undertakes to inform the Service Recipient each time about any significant changes to the Regulations.
(this form should be filled in and sent back only if you wish to withdraw from the contract)
Addressee: SOUNDCARE.PRO SP. Z O.O., ul. Jana Olbrachta 118 B/2, 01-373 Warsaw, Poland
I/We(*) hereby inform(*) about my/our withdrawal from the sales agreement of the following items(*) delivery agreement of the following items(*) specific work agreement consisting in the performance of the following items(*)/provision of the following service(*)
Date of conclusion of the agreement(*)/receipt(*)
Name and surname of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent on paper)
Date
(*) Delete as appropriate.