Michalina Ossowska

SHOP REGULATIONS

The owner of the Website available at https://www.wirtualna-asystentka.com is MICHALINA OSSOWSKA conducting business activity under the name WIRTUALNA ASYSTENTKA MICHALINA OSSOWSKA; entered into the CEDiG Register of Entrepreneurs at Tadeusza Kościuszki 9, 44-200 Rybnik, NIP 6422845496, REGON 242891827; e-mail:michalina@ossowska.net. Through the Website, the Seller sells Electronic Products and services and provides Electronic Services.

Date of last update: 21-09-2021

I. DEFINITIONS

  1.   The terms used in the Regulations have the following meanings:
  •     Payment data – an interactive form available on the Website enabling placing an Order, in particular by allowing the Agreement on the terms of the Agreement, including by providing the Buyer’s personal data, as well as determining the method of delivery and payment;
  •     Working day – day of the week from Monday to Friday, excluding public holidays;
  •     Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended);
  •     Code of Civil Procedure – Act of 17 July 196 4. R Code of Civil Procedure (Journal of Laws of 1964, No. 15, item 93, as amended);
  •     Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity;
  •     Basket – an element of the Website software in which the Products selected by the Buyer for purchase are visible, having functionality enabling the determination or modification of the Order, in particular, the type or quantity of Products or Services;
  •     Buyer / Service Recipient – a natural person, a legal person or an organizational unit that is not a legal person, whose special provisions grant legal capacity, placing an Order on the Website or using the Electronic Services available on the Website;
  •     Payment –payment to the Seller’s account via online payment methods known in the Store.
  •     Privacy Policy – a document or subpage of the Website specifying the rules for the processing of personal data, available at https://www.wirtualna-asystentka.com/polityka-prywatnosci/
  •     Product – an electronic product presented as part of the Store intended for sale, m.in e-books, patterns of letters having the character of digital content within the meaning of Article 2 point 5 of the Act on Consumer Rights;
  •     Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, whose special provisions grant legal capacity, conducting business or professional activity on its own behalf;
  •     Entrepreneur with consumer rights – a natural person conducting business activity concluding a contract directly related to his business activity, but not having a professional character for him, when the content of this contract shows that it does not have a professional character for him, resulting in particular from the subject of his business activity, made available based on the provisions on the Central Register and Information on Economic Activity in accordance with the provisions on the Central Register and Information on Economic Activity in accordance with  Articles 385 5,5564-5565,576 5 of the Civil Code and Article 38a of the Consumer Rights Act;
  •     Regulations – these regulations, available at https://www.wirtualna-asystentka.com;
  •     GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L.2016.119.1, as amended);
  •     Website – a website available at the address https://www.wirtualna-asystentka.com and its subpages;
  •     Payment system – payment system mElements Spółka Akcyjna with its registered office in Warsaw (00-850) at Prosta 18 Street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the m.st of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number: 0000590484, NIP: 5223047892; REGON number: 363203696, with a share capital of PLN 7,500,000, paid in full,  being a national payment institution entered in the register of the Polish Financial Supervision Authority of payment service providers under the number IP47/2019 payment operator used by the Seller;
  •     Seller / Service Provider – MICHALINA OSSOWSKA conducting business activity under the name WIRTUALNA ASYSTENTKA MICHALINA OSSOWSKA; entered into the CEDiG Register of Entrepreneurs at Tadeusza Kościuszki 9, 44-200 Rybnik, NIP 6422845496, REGON 242891827; e-mail: michalina@ossowska.net, which is the owner of the https://www.wirtualna-asystentka.com Website;
  •     Service– a service that is prWebsiteWebsite’sWebsiteWebsiteWebsiteintended for sale, m.in telephone consultations;
  •     Act on Copyright and Related Rights– the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 1994, No. 24, item 83, as amended).
  •     Agreement – an agreement concluded between the Buyer and the Seller:
  •     in the case of the Product – a contract for the supply of digital content
  •     in the case of the Service – the contract for the provision of services.
  •     Distance contract – an agreement concluded with the Consumer as part of an organized system of concluding distance contracts (Website), without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  •     Electronic Service – a service provided electronically by the Seller via the Store.
  •     Act on Consumer Rights – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended)
  •     Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
  •     Order – the Buyer’s declaration of intent, submitted using the Payment Data form, consisting in the selection of specific Products or Services within the Store, aimed directly at concluding an Agreement with the Seller on the terms set out in these Regulations.

      The terms referred to in the preceding paragraph may be written in the Regulations with a capital or a lower case letter, which does not change the meaning given to them.

II. GENERAL PROVISIONS

  1.   These Regulations define in particular:

      the type of Products and Services sold by the Seller via the Website;

      types and scope of Electronic Services provided by the Service Provider;

      terms and conditions for placing Orders and concluding Agreements on the Website;

      the terms and conditions of payment and the terms of delivery;

      complaint procedures;

  1.   the rules for exercising the right of withdrawal from the Agreement.
  2.   The Seller sells the Products only in the territory of Polish.
  3.   For these Regulations, the Seller provides his contact details: MICHALINA OSSOWSKA conducting business activity under the name WIRTUALNA ASYSTENTKA MICHALINA OSSOWSKA; entered into the CEDiG Register of Entrepreneurs at Tadeusza Kościuszki 9, 44-200 Rybnik, NIP 6422845496, REGON 242891827; e-mail: michalina@ossowska.net Information about the Product or Service provided on the Wewebsitewebsite’swebsitewebsitewebsitewebsitewebsitece, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  4.   Sales via the Website take place 24 hours a day, 7 days a week throughout the year. The Seller reserves the right to temporarily disable the Website for technical reasons.
  5.   The Seller makes the Regulations available to the Buyer free of charge at the very bottom of the Website in the link marked as The Regulations and in the Store tab under the Regulations tab before starting to use the Website. The Buyer may record the content of these Regulations by downloading it, saving it on a carrier or printing it at any time from the Website.
  6.   The Buyer may not make a purchase anonymously, under a pseudonym or using incorrect personal data.
  7.   The Buyer is obliged to use the Website in the following manner:

      in accordance with these Terms and Conditions;

      comply with applicable law;

      not disrupting its functioning;
      in accordance with good manners;
      respecting the websiteal rights of other entities.

         9.    As part of the use of the Website, it is forbidden to provide or transmit by the Buyer illegal content, in particular by sharing content prohibited by law, including as part of forms available on the Website or violating intellectual property rights in any way.

III. TECHNICAL REQUIREMENTS

  1.   The Buyer may use the provided functionalities of the Website in a manner consistent with these Regulations and applicable law and in a way that does not interfere with the functioning of the Website and actions taken by other Buyers.
  2.   Using the Website, including browsing the Website assortment and placing an Order, is possible provided that the Buyer meets the minimum technical requirements:
  3.   having a device enabling access to the Internet, equipped with an efficient operating system, e.g., Mac OS, Android, Windows;
  4.   installing on the device referred to above, the current version of the web browser providing access to Internet resources, such as: Mozilla Firefox, Google Chrome, Safari or another compatible web browser that supports cookies;
  5.   have an active email account.
  6.  To ensure security on the Website, the Seller takes technical, organizational, and legal measures appropriate to the degree of security threat, particularly applying measures to prevent, obtain, and modify unauthorized persons’ data sent via the Internet. In addition, the Seller ensures the security of data transmission transmitted on the Website through the use of the SSL protocol.

IV. ELECTRONIC SERVICES

  1.   The Service Provider provides electronic Services to the Customer via the Website. The basic Electronic Services include Payment Data and the Shopping Cart. 
  2.   The use of Electronic Services is free of charge and voluntary, but necessary to browse the Website’s assortment or place an Order.
  3.   Electronic services are one-off and are terminated when the Order is placed or when the website is discontinued earlier.
  4.   The Service Recipient may at any time resign from the Electronic Service with immediate effect.
  5.   Complaints related to the provision of Electronic Services may be submitted by the Customer in the electronic form to the following address: michalina@ossowska.net.
  6.   The Service Provider recommends specifying in the description of the complaint:
  •  information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of irregularities;
  •  specify the request and contact details of the complainant.
  1.   Providing the data in the paragraph above is optional and does not affect the effectiveness of the complaint submitted without them.
  2.   The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
  3.   The use of Electronic Services is related to the transmission of data via the Internet, which is burdened with the risk characteristic of this network.

V. PLACING AN ORDER

  1.  order a Product or Service via the Website, one should go to the website of the https://www.wirtualna-asystentka.com/sklep, and then select the Product or Service by taking the next steps in accordance with the messages displayed on the Subpages of the Website.
  2.   The Buyer’s choice of the ordered Product or Service, including their type and number, is made by adding individual Products or Services to the Basket.
  3.   In order to make a purchase, after selecting a Product or Service, the Buyer should press the “Add to cart” button. Then, depending on the Buyer’s decision, the Buyer may make further purchases or proceed to finalize the Order by clicking on the Cart icon in the upper right year, and then on the “View Cart” button.
  4.   After pressing the “View basket” button, the Buyer will be taken to a subpage of the Website, which will display information presenting the selected Products or Services, their price, quantity, as well as information about the total cost of the products chosen or Services (“Basket Summary”).
  5.   At this stage, the Buyer has the option of making changes to the Order made by him. After making changes, the Buyer should press the “Update cart” button.
  6.   If the Buyer has a special discount coupon, then in the place marked as “Coupon Code” he should enter it and then press the “Apply coupon” button.
  7.   To finalize the Order, the Buyer should press the “Proceed to checkout” button. After pressing the “Proceed to checkout” button, the Buyer will be transferred to the Subpage of the Website, where he will be obliged to provide his personal data, choose payment and delivery (“Payment Data”). As part of this subpage, the Buyer still has the option of adding a discount coupon. On the subpage of the Website you will see the message “Do you have a coupon? Click here to add the code.” After pressing the inscription “Click here to add a code”, a special window will appear for adding a coupon code, where you must enter your code and then press the “Apply coupon” button.
  8.   In order to place an order, it is necessary for the Buyer to fill in the Payment Data form, providing the data necessary to complete the order, i.e.:
  •   first name;
  •   surname;
  •   street;
  •   postal code;
  •   city;
  •   e-mail address; 

and in the case of the Entrepreneur additionally: company name (optional), NIP number (optional).

  1.   After correctly completing the Payment Data, the Buyer should verify all the entered data.
  2. In the event of irregularities in completing the Payment Data, the Website will broadcast messages indicating errors or deficiencies made impossible to proceed to the next stage of placing the Order.
  3. On the right side of the Website subpage, an Order should appear with the amount to be paid marked as “Your order” and information about possible payment or delivery methods.
  4. As part of the Website, it is possible to choose the method of payment, which are described in detail in point VIII of the Regulations (“Methods and terms of payment”). The Buyer should choose the payment method from the methods available on the Website.
  5. Before finalizing the Order, the Buyer should:
  6. accept the previously read Regulations by checking the box marked as “I have read and accept the Regulations,” which contains an active link. After pressing which in a new window opens a subpage of the Website with the Regulations. Acceptance of the Regulations is necessary for the Order;
  7. declare, after reading the Privacy Policy, that the Buyer has read the rules for the processing of personal data by checking the box marked as “I have read the Privacy Policy”, which contains an active link, after pressing which in a new window opens a subpage of the Website with the Privacy Policy. This statement is necessary to complete the Order.
  8. In addition, a window will appear on the Website enabling the Consumer or Entrepreneur with the rights of a consumer to agree to the delivery of digital content covered by the Order before the deadline for withdrawal from the Agreement concluded at a distance. The content of the message at the window is as follows: “I agree to provide me with digital content covered by the Order before the deadline for withdrawal from the contract. I am aware that in this way, I lose my right to withdraw from a distance contract.”
  9. The Consumer or Entrepreneur with the rights of a consumer loses the right to withdraw from the contract also if the Consumer or Entrepreneur does not mark the optional window on the rights of a consumer and simultaneously downloads the Product before the end of the period to exercise the right to withdraw from the contract.
  10. After performing the activities referred to above, the Buyer should agree to the execution of the Order by clicking the “Buy and pay” button, which indicates the need to pay for the Order.
  11. After clicking on the “Buy and pay” button, the Buyer:
  12. in the case of a traditional bank transfer – the Buyer will be transferred to the Website with the purchase confirmation and details of the Order. The Buyer is obliged to pay for the placed Order.
  13. in the case of a quick electronic transfer – the Buyer will be transferred to the Payment System website in order to make payment for selected Products. After successful payment, the Buyer will be transferred to the Website with the purchase confirmation and details of the Order.
  14. The Buyer is aware that by clicking on the “Buy and pay” button, he confirms the submission of the Order with the obligation to pay the payment due to the Seller. Confirmation of placing the Order is a declaration of the Buyer’s will to conclude the Agreement with the Seller, in accordance with the content of these Regulations.

VI. CONDITIONS FOR CONCLUDING THE CONTRACT

  1.   The conclusion of the Agreement between the Buyer and the Seller takes place after the Buyer has previously placed an Order in accordance with the procedure described in point V of the Regulations (“Placing an Order”).
  2.   After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Buyer relevant information to the Buyer’s e-mail address provided when placing the Order. The information referred to in the preceding sentence shall include at least the Seller’s statement on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Agreement.
  3.   The Agreement shall be treated as concluded upon receipt by the Buyer of the e-mail message referred to in paragraph 2 (above) of this point of the Regulations.
  4.   The Contract is concluded between the Buyer and the Seller in Polish in accordance with the Regulations.
  5.   In the case of consent to the delivery of the Product in circumstances resulting in the loss of the right to withdraw from the contract, the email referred to in paragraph 2 of this point of the Regulations also includes information about the submission of such consent.
  6.   Consolidation, securing and making available to the Buyer the content of the concluded Agreement takes place through:

      making the Regulations available on the Website;

      sending the Buyer an e-mail message referred to in paragraph 2 of this point of the Regulations;

      the content of the Agreement is additionally recorded and secured in the IT system of the Website.

      7.    If the subject of the order is products of various types, both Products, and Services, placing order results in the conclusion of several Agreements of a specific type corresponding to the subject of the Order

VII. INFORMATION AND PRICES 

  1.   All prices given on the Website are given in Polish zlotys and include taxes, including tax on goods and services (gross price).
  2.   Information about the price of the Product or Service, features and essential properties of the Product or Service are available on the Website and placed next to the presented Product or Service.
  3.   The binding and final price is the price given in the Basket in the summary of the Order at the time of placing the Order by the Buyer.
  4.   The Seller reserves the right to change the prices of Products or Services presented on the Website, withdraw and introduce new Products or Services. The above right does not affect the Order that was placed before the date of entry into force, any of the changes referred to above
  5.   The Seller reserves the right to carry out or cancel any kind of promotional campaigns. The time of promotional campaigns is limited. Discounts and promotions do not add up.

VIII. METHODS AND TERMS OF PAYMENT

  1.   The Seller provides the Buyer with the following payment methods:

      Traditional bank transfer, under which you must make a payment directly to the Seller’s bank account 32 1140 2004 0000 3302 8116 3937. When making a transfer, the Buyer should use the Order number as the payment title. An order based on a traditional bank transfer will be processed after the payment is credited to the Seller’s account;

      Fast electronic transfer – payable directly to the Seller’s account via the Payment System. The order based on the Payment System will take place after receiving the transfer on the Seller’s settlement account. Learn more: https://paynow.pl/regulaminy

  1.   Settlement of the transaction referred to in paragraph 1 (.b) above may involve the need to register in the Payment System or accept regulations, terms of use by the Buyer, which is independent of the Seller, and the provisions of these Regulations. The Buyer should read the rules or terms of use of the Payment System. The rules of the electronic transfer are implemented by the Payment System, available at: https://paynow.pl/regulaminy
  2.   If the Buyer chooses a traditional bank transfer, the Buyer is obliged to make the payment immediately, no later than within two calendar days from the date of conclusion of the Agreement. The date of payment is the date of crediting the Seller’s bank account.
  3.   An electronic invoice is issued for each Order.
  4.  The Buyer agrees to issue an invoice in an electronic version and send it to the address indicated in the Payment data form.

IX. DELIVERY METHODS AND DEADLINES

  1.   Delivery of the Product is carried out in the form of sending to the Buyer a link allowing download of the Product. The link is sent to the e-mail address indicated by the Buyer in the Payment data form immediately, but no later than within 48 hours from the date of payment.
  2.   The delivery of the Service is carried out by phone or other means of distance communication within a particular period agreed by the Parties.
  3.   Delivery of the ordered Product or Service takes place free of charge.
  4.   The delivery time of the Order may change for reasons beyond the control of the Seller. Suppose the execution of the order is not possible within the time referred to in paragraphs 1 or 2 above. In that case, the Seller shall immediately notify the Buyer and indicate a new, approximate date of the Order. If the Buyer does not accept the new deadline, the Buyer has the right to withdraw from the contract without incurring any costs. Concerning Buyers who are not Consumers or Entrepreneurs with consumer rights, the Seller shall not be liable to the fullest extent permitted by law for any delays in the execution of the Order caused by circumstances beyond the Control’s control.
  5.   The Seller allows the possibility of pre-sale of Products or Services. The delivery date of the product sold during the pre-sale will be given each time:
  6.   in the description of a given Product;
  7.   at the time of the Buyer’s expression of the will to be bound by the Agreement by pressing the “Buy and pay” button;
  8.   in the order confirmation.
  9.   In the case of Products or Services with different delivery dates, the delivery date is the most extended given date.
  10. The beginning of the product delivery period is counted from the date of crediting the Seller’s bank or settlement account.
  11. The Order of the Product is considered to have been completed when sending a message via e-mail containing a link to the Product.

X. PRODUCT LICENSE

  1.   The product offered via the Website constitutes the Seller’s intellectual property, is a work within the meaning of the Act on Copyright and Related Rights, and thus is covered by the protection provided for by this law.
  2.   Upon conclusion of the Agreement, the Seller grants the Buyer a non-exclusive and non-transferable license without the right to sublicense the use of the Product (License).
  3.   The Seller grants the License to the Buyer only in the following fields of use:
  4.   It’s digital recording in the memory of a computer, tablet, or another reader;
  5.   permanent or temporary reproduction of the Product in whole or in part, by digital technology, to the extent that for the display, reproduction, or storage of the Electronic Product it is necessary to multiply it, including printing;
  6.   permanent or temporary display, reproduction, or storage of the Electronic Product by digital technology – unless otherwise specified in the description of the Electronic Product.
  7.   The License does not include the Buyer’s right to:
  8.   copy in whole or in part, except to the extent that it is necessary for the proper use of the Electronic Product for personal use;
  9.   creating derivative products based on the Electronic Product or its parts;
  10. transfer the right to use the Electronic Product or part thereof to others, license, lease, rent, lend, or otherwise transfer (make available) the Electronic Product in whole or in part.
  11. The license is granted indefinitely unless otherwise indicated in the description of the Electronic Product. The remuneration for granting the License is included in the payment made by the Buyer.

XI. SECURITY AND TECHNICAL AND TECHNOLOGICAL REQUIREMENTS OF THE PRODUCT

  1.   Information about the form of protection, if it is used, and the current technical and technological requirements of the Product are each time provided at the description of the Product on the Website.
  2.   The use of the Product is possible provided that the Buyer meets the minimum technical requirements:

      having a device enabling access to the Internet, equipped with an efficient operating system, e.g., Mac OS, Android, Windows – at least when opening the Electronic Product for the first time;

      installing on the device referred to above, the current version of the web browser providing access to Internet resources, such as: Mozilla Firefox, Google Chrome, Safari, or another compatible web browser that supports cookies – at least when you first open the Product;

      have an active e-mail account;

      having a program that meets the technical requirements to download the Product in PDF format.

XII. RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT

  1.   This section and the provisions contained therein apply only to Buyers who are Consumers, subject to paragraph 2 below.
  2.   Starting from 01.01.2021, the provisions of point XII of the Regulations (“Right of withdrawal from the Agreement”) shall also apply to the Entrepreneur with consumer rights.
  3.   A Consumer who has concluded a Distance Agreement with the Seller may withdraw from it within 14 calendar days without giving reasons and without incurring costs, subject to paragraph 6 below.
  4.   The Consumer may submit a statement on the form, the model of which is attached as Annex 2 to the Act on Consumer Rights or on the template constituting Annex 2 to the Regulations. The use of the templates referred to in the preceding sentence is not mandatory.
  5.   In order to meet the deadline for withdrawal from the Distance Agreement, it is sufficient for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the deadline of withdrawal from the contract. A declaration of withdrawal from the contract may be made, for example:

      in electronic form via e-mail to the following address:  michalina@ossowska.net;

      in writing to the following address: WIRTUALNA ASYSTENTKA MICHALINA OSSOWSKA; Tadeusza Kościuszki 9, 44-200 Rybnik

  1.   The right to withdraw from a distance contract is not entitled to the Consumer in relation to contracts:

      for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller will lose the right to withdraw from the contract. This provision applies to the Services;

      for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service (i.e., gaining access to digital content) began with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him by the Seller about the loss of the right to withdraw from the Agreement. This provision applies to Products.

  1.   In the case of a Service whose performance – at the express request of the Consumer – began before the deadline for withdrawal from the contract, the Consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance provided, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.
  2.   The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him, subject to paragraphs 6 and 7 above.
  3.   The Seller shall refund the payment using the same method of payment as the Consumer has expressly agreed to another method of return, which does not involve any costs for him.
  4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

XIII. OUT-OF-COURT METHODS OF RESOLVING COMPLAINTS AND REDRESS BY THE CONSUMER

  1.   The Buyer who is a Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints of redress. Among other things, the Buyer has the opportunity to:
  2.   apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded Agreement;
  3.   apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller;
  4.   using the help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection, e.g. the Consumer Federation, the Association of Polish Consumers.
  5.   The consumer can also use the ODR platform, which is available at https://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for Consumers and Entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
  6.   Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsman, social organizations whose statutory tasks include consumer protection, Provincial Inspectors of Trade Inspection and at the following internet address of the Office of Competition and Consumer Protection:  gov.pl/spory_konsumenckie.php

XIV. PRODUCT COMPLAINT

  1.   It is the Seller’s responsibility to provide the Buyer with Products free from defects.
  2.   The Seller shall be liable to the Buyer if the Product has a legal or physical defect (warranty). However, the liability referred to in the preceding sentence, pursuant to Article 558 § 1 of the Civil Code, is excluded from the Entrepreneur. From 01.01.2021, the exclusion of liability towards Entrepreneurs also applies to Entrepreneurs with consumer rights.
  3.   The Buyer may submit complaints regarding the Product or the purchasing process itself.
  4.   Complaints should be sent to the e-mail address michalina@ossowska.net.
  5.   The complaint should contain data enabling the identification of the Buyer, the Order, the subject of the complaint, and the demands related to the complaint. An exemplary model complaint form is attached as Annex 1 to the Regulations.
  6.   The Seller will respond to the complaint within 14 (fourteen) calendar days from the date of receipt of the complaint.

XV. PERSONAL DATA AND COOKIES 

  1.   The administrator of the Buyer’s data is the Seller. Contact details are set out in point II of these Regulations (“General Provisions”).
  2.   The processing of the Buyer’s data is necessary for the performance of the Agreement to which the Buyer is a party or to take action at the Buyer’s request, including to execute the Order and service the Buyer related to the Order placed or the implementation of the Agreement or the provision of Electronic Services.
  3.   Providing personal data by the Buyer is voluntary but necessary to conclude and perform the Agreement or take action on the request.
  4.   The Seller applies appropriate technical and organizational measures to ensure the protection of personal data processed.
  5.   Detailed information on the principles of personal data processing, including information on the Buyer’s rights related to the processing of data, as well as the rules for the use of cookies, can be found in the Privacy Policy available on the Website at https://www.wirtualna-asystentka.com/polityka-prywatnosci/

XVI. FINAL PROVISIONS

  1.   These Regulations are effective from the date of publication on the Website.
  2.   All rights to the Website, including proprietary copyrights, intellectual property rights to its name, its Internet domain, website of the Website, as well as templates, forms, logos of photos posted on the Website belong to the Seller, or the Seller has a license entitling to use them.
  3.   Contracts are concluded in Polish and based on the provisions of Polish law.
  4.   The Seller reserves the right, to the extent permitted by applicable regulations, to make changes and modifications to these Regulations. The purchased Products or Services shall be governed by the provisions of the Regulations in force on the day of placing the Order. Changes to the Regulations will be reported to the Buyers on the Website.
  5.   Any changes to the Regulations become effective at their posting on the Website unless otherwise stipulated.
  6.   Settlement of possible disputes between:
  7.   The Seller and the Consumer shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure;
  8.   The Seller and the Entrepreneur with the rights of the Consumer is submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure;
  9.   The Seller and the Entrepreneur shall be submitted to the court competent for the Seller’s seat.
  10.  In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on Consumer Rights, the Act on the Provision of Electronic Services, the GDPR, and other relevant provisions of generally applicable law.

Attachments:

Appendix No. 1 – Model complaint form

COMPLAINT FORM ____  the product I purchased in dniu____________ __________________jest defective. The disadvantage is na____________________________________________________________________ ___ is completed only by an entrepreneur with consumer rights) I declare that I am a natural person, and the concluded contract is directly related to my business activity, but does not have a professional character for it, resulting in particular from the subject of my business activity in accordance with Articles 3855, 5564 -5565, Article 5765 of the Civil Code and Article 38a of the Act on Consumer Rights. NIP: ___________ REGON: __________ 1) I run an unregistered business, the subject of which is ____ 3) According to the information available in the Central Register and Information on Economic Activity, my business activity is qualified under these PKD codes: ___

Appendix No. 2 – Model withdrawal form

WITHDRAWAL FORM ____ I declare that I withdraw from the agreement ___ concluded on ___   __________  38a consumer rights act. NIP: ___________ REGON: __________ 1) I run an unregistered business, the subject of which is ____ 3) According to the information available in the Central Register and Information on Economic Activity, my business activity is qualified under these PKD codes: ___