Online Store Regulations

  • 1 Definitions

For the purposes of these regulations, the terms used herein mean:

  1. Update – an update that the Seller has undertaken to provide and which is necessary to maintain the compliance of the Digital Content with the contract.
  2. Price – the indicated monetary value expressed in Polish zlotys payable to the Seller for the digital product/service, including a legal consultation.
  3. Seller – an entrepreneur who operates an online trading platform, provides an online trading platform or enables the use of this platform – i.e. Marta Kusiak, running a sole proprietorship Marta Kusiak Inspiration with its registered office in Łódź (90-057), ul. Sienkiewicza 85/87, VAT Number: 728-236-05-16, REGON: 367075982, e-mail address: marta@martakusiak.pl, telephone number: +48 609056077.
  4. Online trading platform/Shop – online service available at: martakusiak.pl .
  5. Customer – Consumer, Entrepreneur or Entrepreneur with consumer rights. Customer is an entity that is a natural person or a legal person who purchases a Product or visits the Store or uses digital services.
  6. Consultation – a service provided by the Seller to the Customer as individual cooperation via electronic means, in particular in the form of a conversation and/or video call.
  7. Consumer – a natural person concluding a contract with the Seller not directly related to his or her business or professional activity.
  8. Cart – an element of the Store software, in which the Products selected by the Customer for purchase are visible, with functionality enabling the setting or modification of the Order, in particular the type or quantity of Products.
  9. Newsletter – an electronic service consisting in concluding an agreement for the delivery of a Product in exchange for personal data.
  10. Last Lowest Price – The lowest price for digital products/services in the last 30 days.
  11. Product/Digital Product – goods and materials purchased or available in the Store, including services and materials in digital form available in the Store, intended for sale, in particular: e-books, legal opinions, consultations, training. Products are sold for a fee, unless expressly stated otherwise.
  12. Entrepreneur – a natural person or a legal person conducting business activity who purchases a Product or Digital Service by concluding an Agreement, and the content of this Agreement indicates that it is directly related to the business activity performed by the Entrepreneur and is of a professional nature for the Entrepreneur.
  13. Entrepreneur with consumer rights – a natural person conducting business activity concluding a contract directly related to his/her business activity, when it results from the content of this contract that it is not of a professional nature for him/her, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  14. Pre-sale – the process of the Seller collecting orders for Products that will be available for sale from a specified date and concluding Agreements before the planned date of introduction of the Products to sale.
  15. Regulations – these regulations, available at: https://martakusiak.pl/en/online-store-regulations/
  16. Digital content – data produced and delivered in digital form, in particular video files, audio files, e-books, other electronic publications, newsletters.
  17. Agreement – an agreement concluded between the Seller and the Customer via the Store, under which the Seller undertakes to provide the Product and/or conduct a Consultation, and the Customer undertakes to pay the Price. The Agreement is concluded at the moment of sending confirmation of acceptance of the Order by the Seller.
  18. Digital service – a service that allows the Client to generate, process and store data or access it in digital form or a service that allows the sharing of data in digital form that has been sent or generated by the Client or other users of this service, or other forms of interaction using such data.
  19. Order – a declaration of will of the Customer submitted via the order form, aimed at concluding a distance contract, which is submitted using means of distance communication, in particular the Store’s website, in relation to which the Customer submits an offer to conclude an Agreement regarding Digital Content/Digital Service and addressed to the Seller and within which the Customer provides his/her data necessary for the possible conclusion and performance of the Agreement.
  • 2 General provisions
  1. Through the Store, the Seller sells digital products and at the same time provides the Customer with digital services electronically 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 Customer.
  3. The Customer may use the Store’s functions in a manner consistent with the Regulations and applicable law.
  4. To make a purchase through the Store, it is not necessary to meet any special technical requirements. All you need is Internet access, an active e-mail address, a standard operating system and a standard Internet browser that supports cookies.
  5. In order to freely use the purchased digital content, the Customer’s computer or other device must meet the following technical conditions: Internet access, active e-mail address, standard operating system, standard Internet browser that supports cookies, standard .pdf file browser or program for reading .epub and .mobi files.
  6. The customer cannot make a purchase anonymously or under a pseudonym.
  7. The Customer is prohibited from providing illegal content or spam, in particular by sending such content via the forms available in the Store.
  8. All prices given in the Store are gross prices.
  9. The Seller ensures the proper operation of the Store. The Customer should inform the Seller about any irregularities or interruptions in the functioning of the Store at the e-mail address: marta@martakusiak.pl.
  • 3 Provision of services by electronic means
  1. The Seller provides services to the Customer electronically via this Store.
  2. The basic service provided by the Seller to the Customer is to enable the Customer to place an order in the Store, which leads to the conclusion of an agreement with the Seller.
  3. To place an order, it is not necessary to create an account in the Store. If the Customer decides to create an account, the Seller also provides a service consisting of creating and maintaining a Customer account in the Store. The account is used to store the Customer’s data and order history.
  4. The Client logs into the Account using an email address and password. They can define a new password at any time if they forget or lose it.
  5. The account is created by checking the appropriate box during the ordering process or by filling out the registration form, if available. The customer can delete the account at any time in the management panel or by sending a request to the Seller.
  6. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures to prevent third parties from accessing the data, including through SSL encryption, access passwords and anti-virus programs.
  • 4 Conclusion of the contract
  1. The customer can place an order as a registered customer or as a guest.
  2. A registered customer is a customer who has an account in the Store.
  3. If the Customer has an account, he or she should log in before placing an order.
  4. The order is placed by filling out the form after adding selected digital content to the basket. It is necessary to provide the data necessary to complete the order. The condition for placing an order is the acceptance of the Regulations. In case of doubts, the Customer may contact the Seller at the e-mail address: marta@martakusiak.pl or by phone: +48 609056077.
  5. The ordering process ends by clicking on the button finalizing the order, which constitutes a declaration of will by the Customer leading to the conclusion of a contract for the delivery of digital content.
  6. The customer pays for the order via online payment. After clicking the button to finalize the order, they will be redirected to a payment gateway operated by an external operator.
  • 5 Payment for the order
  1. Available payment options in the Store:
    • Przelewy24
    • PayU
    • PayPal
  2. Electronic payments, including BLIK, are handled by the Autopay operator .
  3. Upon successful payment, an agreement for the delivery of digital content is concluded between the Customer and the Seller, and the Customer receives a confirmation of purchase.
  4. The customer consents to the sending of an electronic invoice to the provided e-mail address.
  • 6 Performance of the contract for the provision of digital content
  1. The customer is obligated to pay the price or make payment using his/her data.
  2. The order is fulfilled by sending a message to the Customer’s e-mail address containing instructions for downloading or accessing the purchased digital content.
  • 7 Consultations
  1. In the event of purchasing a Consultation, the Client is obliged to contact the Seller by e-mail or telephone to arrange a date for the provision of the service.
  2. The service description indicates the scope of the consultation. The price is adjusted to the duration and scope of the service.
  • 8 Pre-sale and promotional campaigns
  1. The Seller reserves the right to organize promotional campaigns and pre-sales consisting in granting discounts on specific digital content/digital services and/or products.
  • 9 The consumer’s right to withdraw from the contract
  1. A consumer or an entrepreneur with consumer rights has the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract.
  2. This right does not apply to contracts for the supply of digital content if the performance of the service began with the express consent of the Customer before the expiry of the withdrawal period and after informing the Customer of the loss of this right.
  3. If the Client has agreed to conduct a Consultation or training before the deadline for withdrawal from the contract expires, he or she loses the right to withdraw.
  4. To meet the deadline, it is sufficient to send the notice of withdrawal before it expires.
  5. In the event of withdrawal from the contract, the Seller shall return all received payments immediately, no later than within 14 days of receiving information about the withdrawal.
  • 10 Rights in the event of non-compliance with the contract
  1. The Seller is responsible for the Product not in conformity with the contract in accordance with applicable regulations.
  2. The Customer should inform the Seller of the non-conformity, specifying his claim.
  3. The customer may request that the digital content/service be brought into compliance with the contract.
  4. The Seller will respond to the complaint within 14 days.
  5. It is recommended to provide the circumstances of the non-conformity and the Customer’s request.
  6. The customer may submit a declaration of price reduction or withdrawal from the contract in certain cases.
  7. Providing information will facilitate the processing of your complaint, but is not obligatory.
  • 11 Intellectual property and copyright
  1. The content available in the Store and digital content may constitute works protected by copyright.
  2. Further distribution of this content without the Seller’s consent is prohibited and may result in legal liability.
  • 12 Personal data and cookies
  1. In accordance with the GDPR, we inform you that:
    • The administrator of the Customer’s personal data is the Seller.
    • The data is processed for the purpose of managing the account, fulfilling the order and defending any claims.
    • The use of electronic services may involve risks, therefore it is recommended to use appropriate security measures.
    • Details regarding personal data and cookies are described in the privacy policy available at: https://martakusiak.pl/en/privacy-policy/.
  • 13 Extrajudicial methods of handling complaints and pursuing claims
  1. The Seller agrees to mediation in the event of disputes.
  2. The consumer may use out-of-court complaint resolution methods, such as:
    • Permanent consumer arbitration court.
    • Provincial inspector of the Trade Inspection.
    • District (municipal) consumer ombudsman.
  3. Detailed information is available on the website http://polubowne.uokik.gov.pl .
  4. The consumer may also use the ODR platform: http://ec.europa.eu/consumers/odr .
  • 14 Final provisions
  1. The Seller reserves the right to make changes to the offer and prices without affecting the rights acquired by the Customer.
  2. The Seller may introduce changes to the Regulations in accordance with applicable law. For contracts concluded before the change, the Regulations from the date of conclusion of the contract shall apply.
  3. Disputes will be resolved by a Polish court with jurisdiction over the Seller’s registered office, except for Consumers, where the court’s jurisdiction is determined in accordance with the regulations.
  4. In the event of a change to the Regulations, the Client will be informed. Failure to object within 14 days means acceptance of the changes.
  5. These Regulations are effective from 23 Ocktober 2024.