- Terms and conditions of open training participation
- Terms and conditions of dedicated training participation
- Terms and conditions of electronic products’ store – Qualitywise Academy
1. Terms and conditions of open training participation
Definitions
Terms and conditions of open training participation – these Qualitywise Agata Lewkowska Regulations
Training organizer – Qualitywise Agata Lewkowska, Orły Cesin 24C, 96-500 Sochaczew, Poland, VAT: PL8371746560.
The Ordering Party – a person running a business, a legal person, an organizational unit without legal personality, using the services provided by Qualitywise Agata Lewkowska.
Participant – a person who takes part in a training.
Participant’s applications
The participant’s application for the training shall be made electronically to the address agata.lewkowska@qualitywise.pl, by sending the Registration Form.
Applications are accepted up to 3 working days before the start of the training (the date of receipt of the application by Qualitywise Agata Lewkowska counts). After this deadline, the application for participation is possible based on prior telephone agreement and sending the e-mail. Qualitywise Agata Lewkowska confirms participation in the training no later than 3 working days before the planned date of the training.
After ordering the training, the participant will receive a confirmation to the e-mail address provided by him.
Sending the Registration Form is tantamount to concluding a contract between Qualitywise Agata Lewkowska and the Ordering Party.
Withdrawal from participation
The Ordering Party may resign from the training at the latest 5 working days before the planned date of the training (the date of receipt of the resignation by Qualitywise Agata Lewkowska is considered). Resignation from participation shall be sent in the form of an e-mail.
In the event of a later resignation, Qualitywise Agata Lewkowska will charge the Ordering Party the full amount for the training.
Resignation from participation is equivalent to withdrawal from the contract by the Ordering Party.
Payment for the service provided
The payment is made after the training service has been performed within 14 days from the invoice date. Transfers are made to the mBank PL76 1140 2004 0000 3502 7415 2566 bank account; BIC/SWIFT: BREXPLPWMBK.
Participants who do not run a business make payments upon receipt of confirmation of participation in the training by bank transfer to the account indicated above (sending confirmation to the e-mail address is required).
VAT must be added to the given net price in accordance with the applicable VAT rate.
The certificate for participants will be sent on e-mail address within 7 days after both: payment and training finished.
The training organizer reserves the right to record the image and sound of the course of the training or to provide another service if it was conducted remotely using electronic media. The recorded material will be used to improve the quality of the services provided. The material may be made available to authorized entities based on legal provisions, e.g., for control purposes, e.g., if the training or participation in the training of some participants was financed from public money. The registered material will not be made available to other third parties and will not be used for marketing or advertising purposes.
In cases of translated versions of this policy, the POLISH version shall prevail.
Download Registration Form here.
2. Terms and conditions of dedicated training participation
Definitons
Terms and conditions of open training participation – these Qualitywise Agata Lewkowska Regulations
Training organizer – Qualitywise Agata Lewkowska, Orły Cesin 24C, 96-500 Sochaczew, Poland, VAT: PL8371746560.
The Ordering Party – a person running a business, a legal person, an organizational unit without legal personality, using the services provided by Qualitywise Agata Lewkowska.
Participant – a person who takes part in a training.
Training organizer
Dedicated trainings are organized by Qualitywise Agata Lewkowska, Orły Cesin 24C, 96-500 Sochaczew, Poland, VAT: PL8371746560 based on a dedicated price and substantive offer, at a place and time agreed with the Ordering Party.
Training registration
Orders for training shall be made electronically by sending the Registration Form to agata.lewkowska@qualitywise.pl.
The Registration Form shall be sent no later than fourteen working days before the start of the training (the date of receipt of the application by Qualitywise Agata Lewkowska counts). After this deadline, it is possible to order training based on a prior telephone or e-mail arrangement with Qualitywise Agata Lewkowska. After ordering the training, the Ordering Party will receive confirmation of the organization of the training to the e-mail address provided by him.
Sending the Registration Form is equivalent to concluding a contract for the implementation of training between Qualitywise Agata Lewkowska and the Ordering Party.
Resignation from the training or change of the date of the training by the Ordering Party
The Ordering Party has the right to cancel or change the date of the previously ordered training. The Ordering Party may change the date of the training or resign from the training free of charge, up to 7 working days before the training. In the event of resignation from the training later than 7 working days before the date of the training, Qualitywise Agata Lewkowska will charge the Ordering Party the full amount for the training. In case of a change of the date, Qualitywise Agata Lewkowska reserves the right to impose an administration fee of 20% of the training price on the Ordering Party.
Resignation from the implementation of the dedicated training or change of the date shall be sent in the form of an e-mail to the address agata.lewkowska@qualitywise.pl.
Resignation from the implementation of the dedicated training is equivalent to withdrawal from the contract by the Ordering Party.
Setting a new training date requires re-sending the Registration Form for the full amount of the training along with the administration fee.
Changing the training date or canceling the training by Qualitywise Agata Lewkowska
Qualitywise Agata Lewkowska reserves the right to change the training date or cancel it without incurring costs for random reasons, beyond the organizer’s control, of which she will immediately inform the Ordering Party.
If Qualitywise Agata Lewkowska cancels the agreed training date, Qualitywise Agata Lewkowska will propose a new training date. After changing the deadline, the Ordering Party is not required to resend the Registration Form.
Training prices and payment terms
The price of the training includes: preparation and conducting of the training, materials (in paper form for onsite training and electronic materials for online training) and a certificate of participation in the training. The price of the training does not include trainer’s accommodation and travel to the company’s premises in case of onsite trainings.
VAT must be added to the given net price in accordance with applicable regulations.
Form and date of payment
Payments for participation in the training shall be made by the Ordering Party based on a VAT invoice issued after the training, with the payment deadline up to 14 days from the date of issue. Transfers are made to the mBank PL76 1140 2004 0000 3502 7415 2566 bank account; BIC/SWIFT: BREXPLPWMBK. The condition for receiving the certificates is the payment of the invoice.
The training organizer reserves the right to record the image and sound of the course of the training or to provide another service if it was conducted remotely using electronic media. The recorded material will be used to improve the quality of the services provided. The material may be made available to authorized entities based on legal provisions, e.g., for control purposes, e.g., if the training or participation in the training of some participants was financed from public money. The registered material will not be made available to other third parties and will not be used for marketing or advertising purposes.
In cases of translated versions of this policy, the POLISH version shall prevail.
Download Registration Form here.
3. Terms and conditions of electronic products’ store – Qualitywise Academy
1. SERVICE INFORMATION
1.1. The owner of the Website available at https://www.qualitywise.pl is Agata Lewkowska running a business under the name Qualitywise Agata Lewkowska, Orły Cesin 24C, 96-500 Sochaczew, Poland, NIP: 8371746560.
1.2. Through the Website, the Website Owner sells Products visible on the Website and provides Electronic Services.
2. DEFINITIONS
2.1. Payment data – an interactive form available on the Website that allows you to place an Order, in particular allowing you to agree on the terms of the Agreement, including by providing the Buyer’s personal data, as well as determining the method of delivery and payment.
2.2. Business day – a day of the week from Monday to Friday, excluding public holidays.
2.3. Consumer – a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity.
2.4. Cart – an element of the Website’s software, in which the Products selected by the Buyer for purchase are visible, having functionality that allows to determine or modify the Order, in particular the type or quantity of Products.
2.5. Buyer – a natural person, legal person or an organizational unit that is not a legal person, to whom specific provisions grant legal capacity, placing an Order on the Website and using the Electronic Services available on the Website.
2.6. Newsletter – a type of service provided electronically. Subscription to the Newsletter service consists in completing (with personal data in the form of name, country, and e-mail address) by the User the subscription form available on the Website and pressing the “Subscribe” button.
2.7. Privacy Policy – a document or a subpage of the Website specifying the rules for the processing of personal data, available at https://www.qualitywise.pl/privacy/
2.8. Product – all products available and presented on the Website, including in particular digital products with a specific access date (if applicable).
2.9. Entrepreneur – a natural person, legal person or an organizational unit that is not a legal person, to whom specific provisions grant legal capacity, conducting business or professional activity on its own behalf.
2.10. Entrepreneur with consumer rights – a natural person conducting business activity concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, 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; a natural person referred to in Art. 385(5), 556(4)-556(5), Art. 576(5) of the Civil Code and Art. 38a of the Consumer Rights Act.
2.11. Terms and Conditions – this document or a subpage of the Website, available at https://www.qualitywise.pl/terms-and-conditions/.
2.12. Website – a website run at https://www.qualitywise.pl and its subpages, including in particular an online store.
2.13. Payment system – payment systems used by the Website Owner, which has been made visible on the Website. The basic payment systems are the Stripe payment system belonging to Stripe Payments Europe, Limited, The One Building 1 Grand Canal Street Lower Dublin 2 Co. Dublin Ireland, VAT ID: IE 3206488LH; payment operator used by the Seller.
2.14. Distance contract – a contract concluded as part of an organized system for concluding distance contracts (Website), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, up to and including the moment of concluding the contract.
2.15. Electronic service – a service provided electronically by the Website Owner via the Website; service within the meaning of art. 2 point 4 of the Act on the provision of electronic services, including forms Payment details, Newsletter.
2.16. Service – a service presented on the Website intended for sale, e.g. telephone consultations, webinars, online training.
2.17. User – any natural person visiting the Website using the Electronic Services available on the Website described in the Terms and Conditions, including the Buyer.
2.18. Order – the Buyer’s declaration of will, submitted via the Website, consisting in the selection of specific Products within the store, aiming directly at the conclusion of the Agreement under the conditions set out in the Terms and Conditions.
2.19. Owner of the Website – Agata Lewkowska running a business under the name Qualitywise Agata Lewkowska, Orły Cesin 24C, 96-500 Sochaczew, Poland, NIP: 8371746560, which is the owner of the Website https://www.qualitywise.pl
2.20. Civil Code – Act of 23 April 1964. Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
2.21. Code of Civil Procedure – Act of 17 July 1964 Code of Civil Procedure (Journal of Laws of 1964, No. 15, item 93, as amended).
2.22. 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 on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation data) (Journal of Laws UE.L.2016.119.1 as amended).
2.23. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
2.24. 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).
The terms described in this point are important for easier use of the Terms and Conditions. They can be written in uppercase or lowercase, which does not change the meaning given to them.
3. GENERAL TERMS OF USE OF THE WEBSITE
3.1. The Terms and Conditions define the rules for using the Website and its functionality, the type of Products sold by the Website Owner through it, the type and scope of Electronic Services provided by the Website Owner, the terms and conditions for placing Orders, the method of concluding and terminating contracts on the Website, the rules and dates of payment and terms of delivery, complaint procedures.
3.2. For the purposes of the Terms and Conditions, the Website Owner provides his contact details:
• postal address: Qualitywise Agata Lewkowska, Orły Cesin 24C, 96-500 Sochaczew, Poland,
• e-mail address: agata.lewkowska@qualitywise.pl,
• telephone number: + 48 603 880 578 (fee as for a telephone connection, in accordance with the tariff package of the service provider used by the person using the telephone contact).
3.3. Information about the Product provided on the Website, in particular its description and price, do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
3.4. Before starting to use the Website, the Website Owner provides the User with the Terms and Conditions free of charge at the very bottom of the Website. The content of the Terms and Conditions may be recorded by the User by downloading it, saving it on a carrier or printing it out at any time from the Website.
3.5. The User may not use the Website, including placing Orders anonymously, under a pseudonym or using incorrect personal data.
3.6. The User is obliged to use the Website in accordance with the Terms and Conditions, applicable law and decency, taking into account personal rights and intellectual property rights, in particular copyrights of the Website Owner or third parties, and in a way that does not interfere with the functioning of the Website.
3.7. As part of using the Website, it is forbidden for the User to provide or transfer unlawful content, in particular by sending content prohibited by law, including within the forms available on the Website or infringing in any way intellectual property rights.
3.8. Through the Website, sales are carried out 24 hours a day, 7 days a week throughout the year. The Website owner reserves the right to temporarily disable the Website for technical reasons.
3.9. The website is informative and serves the purpose of presenting the Seller’s offer and sharing educational materials, in particular in the tab marked as Blog.
3.10. Materials and information published on the Website in the Blog tab are edited with due diligence, are for information purposes only and represent only the personal view of the author of the text. However, due to the nature of the services provided, the Website Owner is not responsible for the veracity, accuracy and substantive accuracy of the information contained in the Website resources, and in particular the Website Owner is not responsible for any damage caused by the use or non-compliance with the information contained in the Website, any errors or omissions. All information placed in the Blog tab is valid as of the date of its posting, unless otherwise indicated.
3.11. The User is entitled to use the Website for personal use only. This means in particular that in relation to the data and any other materials contained in the resources of the Website, it is not allowed to use them for the purpose of conducting commercial activity by the User.
4. TECHNICAL REQUIREMENTS
4.1. The User may use the provided functionalities of the Website in a manner consistent with the Terms and Conditions and applicable law, as well as in a manner that does not interfere with the functioning of the Website and activities undertaken by other Buyers.
4.2. Using the Website, including browsing the Website’s assortment and placing an Order, is possible provided that the User meets the minimum technical requirements:
• possession of a device enabling access to the Internet, equipped with an efficient operating system, eg Mac OS, Android, Windows;
• installing on the device referred to above, the current version of a web browser that supports HTML5, providing access to Internet resources, such as: Mozilla FireFox, Google Chrome, Safari or another compatible web browser that supports cookies;
• having an active e-mail account.
4.4. In order to ensure security on the Website, the Website Owner takes technical, organizational and legal measures appropriate to the degree of security threat, in particular, he uses measures to prevent, obtain and modify personal data sent via the Internet by unauthorized persons. The Website owner ensures the security of the transmission of data transmitted on the Website by using the SSL protocol.
5. ELECTRONIC SERVICES
5.1. The Website Owner provides Electronic Services to the User via the Website.
5.2. The contract for the provision of Electronic Services is concluded on the terms set out in the Terms and Conditions, for an indefinite period in the case of:
• access to the Website – upon successful activation by the User in the browser window of the User’s device, the Website’s website or the User’s use of the redirection leading to the Website;
• using the functionality of the Website (i.e. Payment details) – when the User uses a given service;
• Newsletter service – upon effective subscription to the list of Newsletter subscribers.
5.3. Under the conditions set out in the Terms and Conditions, the contract for the provision of Electronic Services is terminated in the event of:
• access to the Website – upon leaving the Website by the User;
• using the functionality of the Website (i.e. Payment details) – ceasing to use a given functionality or when the User leaves the Website;
• Newsletter service – upon withdrawal by the Website Owner of the Newsletter service from the Website or a dedicated link enabling subscription to the Newsletter.
5.4. The use of Electronic Services is free of charge and voluntary, but necessary in order to browse the Website’s assortment, place an Order or receive the Newsletter.
5.4. Electronic services are of a one-off nature and terminate at the time of placing the Order or at the time of early cessation of using the Website, with the exception of the Newsletter service.
5.5. The User may terminate any contract for the provision of Electronic Services at any time, without giving any reason, with immediate effect.
5.6. The use of Electronic Services is related to the transmission of data via the Internet, which is subject to risk characteristic of this network.
5.6. The use of Electronic Services is related to the transmission of data via the Internet, which is subject to the risk specific to this network.
6. PLACING AN ORDER
6.1. The Buyer purchases the Product(s) on the Website by placing an Order.
6.2. In order to purchase a Product or Service via the Website, go to the website https://www.qualitywise.pl/academy/, and then select the Product or Service by taking the next steps in accordance with the messages displayed on the subpages of the Website.
6.3. In order to place an Order, it is necessary for the Buyer to fill in the Payment details, Purchase form, providing the data necessary to complete the order, i.e.:
- name;
- surname;
- street;
- postcode;
- city;
- e-mail address;
and in the case of an Entrepreneur or Entrepreneur with consumer rights, additionally:
- company name (optional);
- tax identification number (optional).
If the Buyer has a special discount coupon, he should enter it in the field marked as “Discount Code”, and then press the “Apply” button. An unused coupon is forfeited and does not constitute grounds for any compensation from the website owner.
6.4. After correctly completing the Purchase form, the Buyer should verify all the data entered there.
6.5. In the event of irregularities in completing the Purchase form payment details, the Website will send messages indicating errors or omissions that prevent you from proceeding to the next stage of placing the Order.
6.6. As part of the Website, it is possible to choose the payment method, which is described in detail in point 9 of the Terms and Conditions – Payment methods and dates. The Buyer should choose the payment method from the methods available on the Website.
6.7. Before finalizing the Order, the Buyer should:
• accept the previously read Terms and Conditions by checking the box marked as “I have read and accept the Terms and Conditions “, which contains an active link, which, when pressed, opens a subpage of the Website with the Terms and Conditions in a new window. Acceptance of the Terms and Conditions is necessary for the Order;
• declare, after reading the Privacy Policy, that the Buyer has read the rules of personal data processing by checking the box marked “I have read the Privacy Policy”, which contains an active link, which, when pressed, opens a subpage of the Website in a new window Privacy policy. This statement is necessary to place an Order;
• agree to the delivery of digital content or services covered by the Order before the deadline to withdraw from the Agreement concluded remotely. The content of the message next to the window is as follows: “I consent to the delivery of digital content/services covered by the Order before the deadline to withdraw from the contract. I am aware that in this way I lose the right to withdraw from the Agreement concluded remotely.”
Accepting the checkbox is necessary to complete the Order.
6.8. After completing the activities referred to above, the Buyer should agree to the execution of the Order by clicking the “Complete purchase” button, which indicates the need to pay for the Order.
6.9. After clicking the “Complete purchase” button, the Buyer will be transferred to the Payment System page in order to make a payment for the selected Products/Services. After successful payment, the Buyer will be transferred to the Website with confirmation of purchase and details of the Order.
6.10. The Buyer is aware that by clicking the “Complete purchase” button, he confirms the submission of the Order with the obligation to pay the payment due to the Website Owner. Confirmation of placing an Order is a declaration of the User’s will to conclude an Agreement with the Website Owner, in accordance with the Terms and Conditions
7. TERMS AND CONDITIONS FOR CONCLUDING AN AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT OR SERVICES
7.1. Conclusion of the Agreement between the Buyer and the Website Owner takes place after the Buyer has placed an Order in accordance with the procedure described in point 6 of the Terms and Conditions – Placing an Order.
7.2. After placing the Order, the Website Owner immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution 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 includes at least a statement of the Website Owner on receipt of the Order and confirmation of the conclusion of the Agreement.
7.3. The contract is treated as concluded when the Buyer receives the e-mail referred to in point 7.2 of the Terms and Conditions .
7.4. The contract is concluded between the Buyer and the Website Owner in English in accordance with the Terms and Conditions . In disputes, priority is given to the Terms and Conditions in Polish.
7.5. In the event of consent to the delivery of the Product or Service in circumstances resulting in the loss of the right to withdraw from the contract, the e-mail message referred to in point 7.2 of the Terms and Conditions also includes information about submitting such consent.
7.6. The content of the concluded Agreement is recorded, secured and made available to the Buyer by making the Terms and Conditions available on the Website and by sending the Buyer an e-mail referred to in section 7.2 of the Terms and Conditions .
7.7. If the subject of the Order are Products or Services of various types, placing an Order results in the conclusion of several Agreements of a specific type corresponding to the subject of the Order.
8. PRODUCT INFORMATION AND PRICE
8.1. All prices on the Website are expressed in euros and are net prices.
8.2. The prices given on the Website are for one piece of the Product.
8.3. The given prices of the Products do not include delivery costs. Detailed delivery methods and dates are set out in point 10 of the Terms and Conditions – Delivery methods and dates.
8.4. Information about the price of the Product, features and significant properties of the Product are available on the Website and posted next to the presented Product.
8.5. The binding and final price is the price given in Purchase form at the time of placing the Order by the Buyer.
8.6. The total value of the Order, including the total price for the ordered Products along with delivery costs, is visible at the stage of confirming the Order.
8.7. The Website Owner reserves the right to change the prices of the Products presented on the Website, withdraw and introduce new Products. The above right does not affect the Order that was placed before the date of entry into force of the price change.
9. METHODS AND TERMS OF PAYMENT
9.1. The Website owner provides the Buyer with a quick electronic transfer – payable directly to the Seller’s account via the Stripe payment system. An order based on the Payment System will take place after receiving the transfer on the settlement account of the Website Owner.
9.2. Settlement of the transaction may require registration in the Payment System or acceptance of the Terms and Conditions or terms of use of the Payment System by the Buyer, which are independent of the Website Owner and the provisions of the Terms and Conditions . The Buyer should read the Terms and Conditions or terms of use of the Payment System. The electronic transfer Terms and Conditions are implemented by the Payment System, available here.
9.3. An electronic invoice is issued for each Order.
10. DELIVERY METHODS AND TERMS
10.1. The delivery of the Product is carried out in the form of sending a link to the Buyer to download the Product or to get an access to it. The link is sent to the e-mail address indicated by the Buyer in Purchase form immediately, but not later than within 48 hours from the date of payment, subject to the rules set out in point 11 of the Terms and Conditions – Pre-sale.
10.2. Delivery of the Service is carried out by phone or via other means of remote communication on time.
• in the case of a webinar or online training – indicated by the Website Owner;
• in the case of online consultations – on a date individually agreed by the Parties.
10.3. The delivery of the ordered Product or Service is free of charge.
10.4. The Order completion time may change for reasons beyond the control of the Website Owner. In the event that the execution of the Order is not possible within the time referred to in point 10.1 or 10.2 of the Terms and Conditions , the Website Owner shall immediately notify the Buyer and indicate a new, approximate date for the execution of the Order. If the new date is not accepted by the Buyer, the Buyer has the right to withdraw from the contract without incurring any costs. With regard to Buyers who are not Consumers or Entrepreneurs with Consumer rights, the Website Owner, to the fullest extent permitted by law, is not responsible for any delays in the execution of the Order caused by circumstances beyond the control of the Website Owner.
10. 5. In the case of Products or Services with different delivery dates, the delivery date is the longest given date.
10.6. The beginning of the Product delivery period is counted from the date of crediting the Website Owner’s bank or settlement account.
10.7. The order of the Product is considered completed when the message is sent via e-mail containing a link to the Product.
11. PRE-ORDER AND PROMOTIONS
11.1. The Website owner allows the possibility of pre-sale of Products. The delivery date of the product sold during the pre-sale will each time be given in the description of the given Product.
11.2. The Website Owner reserves the right to organize promotional campaigns, which may consist in granting a fixed amount or percentage discount for a given Product or group of Products.
11.3. The discount referred to in 11.2 of the Terms and Conditions is calculated from the net value of the Product, excluding delivery costs.
11.4. Promotional campaigns may be valid for a specific period of time indicated by the Website Owner or until further notice.
12. PRODUCT LICENSE
12.1. The product offered via the Website is the intellectual property of the Website Owner, 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.
12.2. Upon conclusion of the Agreement, the Website Owner grants the Buyer a non-exclusive and non-transferable license, without the right to sublicense the use of the Product (License).
12.3. The Website Owner grants the License to the Buyer only in the following fields of use:
• its digital recording in the memory of a computer, tablet or other reader;
• permanent or temporary multiplication of the Product in whole or in part, using digital technology, to the extent that its multiplication, including printing, is necessary for displaying, playing or storing the Product;
• permanent or temporary display, reproduction or storage of the Product using digital technology
– unless otherwise stated in the description of the Electronic Product.
12.4. The license does not include the Buyer’s right to:
• copying in whole or in part, excluding the extent to which it is necessary for the proper use of the Electronic Product for personal use;
• creating derivative products based on the Electronic Product or its part;
12.4. The license does not include the Buyer’s right to:
• copying in whole or in part, excluding the extent to which it is necessary for the proper use of the Electronic Product for personal use;
• creating derivative products based on the Electronic Product or its part;
• transferring the right to use the Electronic Product or its part to other persons, licensing, leasing, renting, lending or otherwise transferring (making available) the Electronic Product in whole or in part.
12.5. The license is granted for an indefinite period, unless otherwise stated in the Product description. The remuneration for granting the License is included in the payment made by the Buyer.
13. SECURITY AND TECHNICAL AND TECHNOLOGICAL REQUIREMENTS OF THE PRODUCT
13.1. Information on the form of security, if applicable, and the current technical and technological requirements of the Product are each time provided in the Product description on the Website.
13.2. The use of the Product is possible provided that the Buyer meets the minimum technical requirements:
• possession of a device enabling access to the Internet, equipped with an efficient operating system, eg 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 a web browser that provides access to Internet resources, such as: Mozilla FireFox, Google Chrome, Safari or another compatible web browser that supports cookies – at least when opening the Product for the first time;
• having an active e-mail account;
• having a program that meets the technical requirements for downloading the Product in PDF, xls, doc, ppt format.
14. TECHNICAL REQUIREMENTS NECESSARY TO PERFORM THE SERVICE
14.1. Implementation of the Service: webinar or online training is possible provided that the Buyer meets the minimum technical requirements referred to in point 4 of the Terms and Conditions – Technical Requirements.
14.2. The webinar or online training will each time take place via the program indicated in the description of the Service, which the Buyer can use via a link previously sent by the Website Owner via a web browser.
15. RIGHT OF WITHDRAWAL FROM A DISTANCE AGREEMENT
15.1 A consumer who has concluded a distance contract with the Website Owner may withdraw from it within 14 calendar days without giving reasons and without incurring costs, subject to point 15.4 of the Terms and Conditions .
15.2. The consumer may submit a statement on the form, the template of which is attached as Appendix 2 to the Act on Consumer Rights or on the template attached as Appendix 2 to the Terms and Conditions . The use of the templates referred to in the preceding sentence is not mandatory.
15.3. In order to meet the deadline to withdraw from a distance contract, it is enough for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the deadline to withdraw from the contract. A declaration of withdrawal from the contract may be submitted:
• in electronic form via e-mail to the following address: agata.lewkowska@qualitywise.pl
• in writing to: Qualitywise Agata Lewkowska, Orły Cesin 24C, 96-500 Sochaczew, Poland.
15.4. The right to withdraw from a distance contract is not entitled to the Consumer in relation to:
• contracts for the supply of digital content that is not recorded on a tangible medium, if the performance of the service (i.e. obtaining access to digital content) began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Website Owner about the loss of the right withdrawal from the contract;
• contract for the provision of services, if the Website Owner has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the contract.
15.5. In the case of a Service whose performance – at the express request of the Consumer – began before the expiry of the deadline to withdraw 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 is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
15.6. The Website owner is obliged to immediately, not 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 15.4-15.5 of the Terms and Conditions
15.7. The Website owner refunds the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
15.8. In the event of withdrawal from a distance contract, the contract is considered void.
15.9. Point 15 of the Terms and Conditions and the provisions contained therein shall apply accordingly to Entrepreneurs with Consumer rights..
16. EXTRA-JUDICIAL METHODS OF RESOLVING COMPLAINTS AND SEARCHING CLAIMS BY THE CONSUMER
16.1. The Buyer who is a Consumer has the following exemplary possibilities of using out-of-court means of dealing with complaints and pursuing claims. Among other things, the buyer has the option of:
• apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded Agreement;
• requesting the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Website Owner;
• use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection, e.g. Consumer Federation, Association of Polish Consumers.
16.2. The consumer may also use the ODR platform, which is available here. The ODR platform is an interactive and multilingual website with a comprehensive service point for Consumers and Entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
16.3. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectors of the Inspection Handlowa and on the website of the Office of Competition and Consumer Protection – here.
17. COMPLAINT
17.1. It is the responsibility of the Website Owner to provide the Buyer with Products free from defects.
17.2. The Website owner is liable to the Buyer if the Product has a legal or physical defect (warranty). The liability referred to in the preceding sentence, pursuant to art. 558 § 1 of the Civil Code, however, is excluded towards the Entrepreneur.
17.3. The Buyer may submit complaints regarding the Product or the purchasing process itself.
17.4. The complaint should be sent to the following e-mail address: agata.lewkowska@qualitywise.pl.
17.5. The complaint should contain data enabling the identification of the Buyer, the Order, the subject of the complaint and requests related to the complaint. An exemplary model of the complaint form is attached as Appendix 1 to the Terms and Conditions .
17.6. The Website Owner will respond to the complaint within 14 (fourteen) calendar days from the date of receipt of the complaint.
18. PERSONAL DATA AND COOKIES
Detailed information on the rules for the processing of personal data, including information on the User’s rights related to the processing of personal data, as well as the rules for the use of cookies can be found in the Privacy Policy.
19. CHANGES TO THE TERMS AND CONDITIONS
19.1. The Terms and Conditions are valid from the date of publication on the Website.
19.2. All rights to the Website, including proprietary copyrights, intellectual property rights to its name, its Internet domain, Website, as well as patterns, forms, logos, photos posted on the Website belong to the Website Owner or the Website Owner has a license or other the right to use them.
19.3. Agreements are concluded in English and based on the provisions of Polish law.
19.4. The Website owner reserves the right, to the extent permitted by applicable law, to amend the Terms and Conditions . The Website Owner is entitled to unilaterally change the Terms and Conditions to the extent that has not been individually agreed with the User for justified reasons. A legitimate reason is in particular:
• change of the law generally applicable in the territory of the Republic of Poland to the extent that such a change of law modifies the content of the Terms and Conditions or obliges the Website Owner to modify the Terms and Conditions in a specific way;
• The Terms and Conditions require supplementation, clarification or modification due to the provisions of law generally applicable in the territory of the Republic of Poland or due to the need to create greater transparency of the Terms and Conditions – to the extent to which supplementation, clarification or modification of the Terms and Conditions is permitted by law or due to the need to increase transparency of the Terms and Conditions ;
• issuance of decisions or acts of a similar nature by public administration authorities, as well as guidelines in which these documents modify the content of the Terms and Conditions or impose on the Website Owner an obligation to modify the Terms and Conditions in a specific way;
• introducing new functionalities of the Website by the Website Owner or modifying their existing scope – to the extent that new functionalities modify the content of the Terms and Conditions ;
• introduction by the Website Owner of new or modification of existing IT systems – to the extent that they affect the content of the Terms and Conditions , and modification of the Terms and Conditions is objectively necessary and directly related to the introduction of new or modification of existing IT systems;
• emergence of court or administrative case law, which shows that the content of the Terms and Conditions is contrary to the law – to the extent that from the point of view of the Consumer or Entrepreneur with consumer rights, the proposed change to the Terms and Conditions is in his favor.
19.5. The amendment to the Terms and Conditions does not apply to contracts concluded before the date of entry into force of the amendment to the Terms and Conditions . For contracts concluded before the date of entry into force of the amendment to the Terms and Conditions , the provisions of the Terms and Conditions in force on the date of expressing the User’s will to conclude the contract shall apply.
19.6. The Website owner informs the User about the proposed change to the Terms and Conditions by publishing on the Website:
• content of the proposed amendment to the Terms and Conditions ;
• date of entry into force of the amendments to the Terms and Conditions ;
• uniform content of the Terms and Conditions after changes.
20. FINAL PROVISIONS
20.1. Settlement of any disputes between:
• The Website Owner and the Consumer are subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure;
• The Website Owner and the Entrepreneur with consumer rights are submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure;
• The Website Owner and the Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Website Owner.
20.2. For the avoidance of doubt, it is assumed that none of the provisions of the Terms and Conditions limit the rights of the Consumer or the Entrepreneur on the rights of the consumer under the provisions of the law in force in the territory of the Republic of Poland. In the event of the existence of a provision of the Terms and Conditions of such a nature, the provisions of applicable law shall apply.
20.3. If any provision of the Terms and Conditions turns out to be or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions, unless without these provisions the Parties would not have concluded the Agreement, and it is not possible to amend or supplement the Terms and Conditions in a way that reflects as faithfully as possible the intention of the Parties expressed in the provision which has been declared invalid or unenforceable.
20.4. In matters not covered by the Terms and Conditions , the applicable provisions of Polish law shall apply.
20.5. The Terms and Conditions come into force on September 1st, 2023.
Attachments:
Appendix No. 1 – Template of the complaint form
Appendix No. 2 – Withdrawal form
Link to the Privacy Policy
Date of publication of the Terms and Conditions : September 1st, 2023.
Date of last update: September 1st, 2023.