1. GENERAL INFORMATION, DEFINITIONS
These rules and regulations shall define the rules of using the Naturally Balanced Website operated by Organic Future Institute conducting business activity under the name Organic Future Institute Katarzyna Kieszkowska, NIP: 5321016473 REGON: 012492005, e-mail: firstname.lastname@example.org and use of the products available therein.
The terms used in these rules and regulations shall have the following meaning:
Customer – a natural person with full legal capacity, a legal person or an organisational unit without legal personality, placing Orders and purchasing Products on the Website.
Product – electronic products (digital content) available on the Website, such as access to online courses, ebooks and others.
Terms and Conditions – these Terms and Conditions, available at www.naturallybalanced.org.
Service – the Website is available at www.naturallybalanced.org, through which the Customer places Orders for the purchase of Products and gains access to Products.
Contract – the contract for delivery of the Product (digital content) concluded between the Seller and the Customer using the functionality of the Website.
Seller – Organic Future Institute Katarzyna Kieszkowska NIP: 5321016473, REGON: 012492005, conducting sales via the Site.
Order – a declaration of will of the Customer aiming at concluding an Agreement, constituting an offer to conclude an Agreement, specifying, in particular, the type and quantity of a Product.
2. USING THE SERVICE
In order to place an Order on the Website of the Service, the Customer needs to select the Products, taking subsequent technical actions on the basis of messages displayed to the Customer and information contained on the Website of the Service.
The Customer, in order to purchase Products, collects them in a so-called shopping cart. The shopping cart is an element of the Website where the Customer transfers the Products they intend to purchase. The Customer can, at any time, view the contents of the shopping cart, add or remove Products and immediately proceed to the process of placing an Order.
In the course of the ordering process, the Customer specifies the details of the Order, such as details for an invoice, e-mail address for delivery of the Product, method of payment and others.
The Customer can register during the Ordering process. Registration may be necessary for later use of Products available directly on the Website.
Registration of the Customer on the Website allows the storage of the Customer’s personal data and Order history in the Website database and provides access to Electronic Products.
During registration, the Customer is obliged to provide a unique password known only to themself. The process of registration and placing Orders is encrypted with the appropriate protocol.
The Customer is responsible for not disclosing their password to third parties and bears all possible financial and legal consequences of such disclosure.
3. PLACING AN ORDER
Orders for Products are accepted exclusively electronically by placing an Order using the Service’s Website or by e-mail.
The prerequisite for placing an Order is to fill in the Order form correctly. An Order with a wrongly filled form may not be realised.
When filling in the form, the Customer is obliged to provide correct personal data, e-mail address, contact phone number, data for a VAT invoice, address of residence and e-mail address for the Product shipment.
Provided e-mail address and contact phone number can be used only to contact in the process of fulfilling the Order unless the Customer agrees to contact for other purposes (e.g. newsletter).
Before accepting the Order, the Buyer will be informed about:
the main features of the Product,
the total price or remuneration for the Product, including taxes as well as any charges for delivery of the Product and other costs,
the possibility of withdrawing from the Contract.
The Customer expresses his will to conclude the Contract by pressing the button “order with obligation to pay” or equivalent.
Placing an Order is not equivalent to concluding a Contract but constitutes an offer to conclude a Contract.
The Contract is concluded at the moment of acceptance of the Order for execution by the Seller, of which the Customer is informed by e-mail confirming the purchase.
The realisation of the Contract starts when the transfer is booked on the Seller’s bank account or by another payment operator.
4. PRICES, PAYMENT AND DELIVERY
All prices of the Products are given in Polish zloty and include VAT. The cost of each Product is binding at the time of placing an Order by the Customer. The Seller reserves the right to change prices of Products on the Website, introduce new Products to the Website, carry out and cancel promotional campaigns on the Website, use unique promotional codes available outside the Website. The above authorisation does not affect the prices of Products in orders placed before the effective date of the price change or promotional action. The price specified next to each Product is binding at the time of placing the Order.
A limited number of Products may be available for promotion and sale. Orders are processed in the Order in which confirmed orders for the Products are received.
Each purchase made by the Customer is accompanied by a proof of purchase: invoice or VAT invoice sent electronically. Upon the Customer’s request, the proof of purchase will be delivered in hard copy.
The Customer may pay for the purchased Products as follows:
by credit card or bank transfer through an electronic payment system.
by regular transfer based on a VAT invoice with a payment period of 14 days for orders placed via e-mail.
Payments are handled by Przelewy-24, PayPro SA, ul. Kanclerska 15, 60-327 Poznań, Poland
Orders for Products are realised after receiving the payment by sending the Product or the instruction to use the Product in an e-mail. The Product is shipped immediately upon receipt of payment, up to 24 hours after receipt of payment.
The delivery of the Products is free of charge.
5. RIGHT OF WITHDRAWAL
The Customer who is a consumer as defined by the provisions of the Civil Code and the person referred to in Art. 38a of the Act on Consumer Rights may withdraw from the Agreement with a product or service purchased on the Site without giving any reason, within 7 days from the date of its receipt. To meet this deadline, it is sufficient to send a statement of withdrawal to the Site’s address or to the e-mail address specified in the Regulations.
In the case of withdrawal from an Agreement concluded remotely, the Agreement is considered unconcluded.
The Seller guarantees the return of the price and costs paid by the Customer.
The Customer shall be liable for any diminution in the value of the item resulting from its use beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
Any refunds will be paid by the Seller no later than within 14 days of receipt of notice of withdrawal from the contract by the same method of payment used by the Customer unless the Customer has agreed to a different reimbursement method. Reimbursement is not associated with additional costs.
The right to withdraw from the Contract does not apply in the case of purchase of the Product delivered in a manner other than on a tangible medium if the delivery of the Product took place with the express consent of the Customer before the expiry of the deadline for withdrawal from the Contract and after the Seller has informed the Customer about the loss of the right to withdraw from the Contract, in accordance with Article 38 pt. 13 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827).
6. LIABILITY FOR DEFECTS
The Seller is obliged to deliver the Product free from defects.
If the Product received is defective in any way, the Customer may exercise the warranty for defects against the Seller under the conditions set out in the Civil Code.
In the case of a defect in the Product, the Customer has the right to make a complaint. The Customer has the right within two years from the date of delivery of the Product.
In order to exercise the warranty, a complaint must be made specifying the nature of the defect and containing a specific request.
The Seller shall respond to the Customer’s request immediately, no later than within 14 days, counting from the date of receipt from the Customer of the Product being complained about along with the complaint letter.
The Customer will be informed about the result of the complaint in the same way in which he sent the complaint.
If the complaint is accepted, the Product defect will be removed, or the Customer will receive a new Product. If it is not possible, the Seller will return the equivalent of the Product’s price or will reduce the price.
7. TECHNICAL REQUIREMENTS, FUNCTIONALITY AND INTEROPERABILITY OF DIGITAL CONTENT, ELECTRONIC PROVISION OF SERVICES
The Seller renders to the Client an electronic service consisting in enabling the conclusion of an agreement for the delivery of electronic and physical Products and the use of Products.
In order to conclude an Agreement and to use the Products, it is necessary to have an account on the Website.
The provision of access to the Website’s functionalities is free of charge. The purchase of Products available on the Website is paid.
In order to place an order and use the functionalities of the Website, as well as to use the Electronic Products, it is necessary to:
having an active e-mail account (to make purchases on the Website).
cookies enabled in the browser.
access to the Internet.
installed applications that enable reading PDF files.
the ability to play videos (to use some of the Electronic Products).
The Customer has the right to lodge a complaint regarding the functioning of the Website by sending an e-mail to email@example.com or by post to the address of the Seller.
The response to the complaint will be sent within 14 days of its receipt to the address indicated in the complaint.
8. PERSONAL DATA AND COOKIES
The Seller points out that all Products available at the Site are protected by copyright.
It is forbidden to copy the Products and record them in any other form, to further disseminate and make available to the public the content available at the Website, with the exception of the above within the framework of the so-called quote right allowed by law.
Any further distribution of the content of the Products without the consent of their creator constitutes an infringement of copyright and may result in civil and criminal liability.
The Seller is not responsible for the use of knowledge available in the Products and does not give any guarantees as to the economic effect of the service by the Customer of information obtained in the course of using them.
Materials used for the presentation of products, i.e., photos, descriptions and others, are part of the service, are the property of the Seller and are protected by copyright. It is forbidden to use them for commercial purposes or presentation in any media without the Seller’s consent.
10. FINAL PROVISIONS
For the avoidance of doubt, it is hereby stated that none of the provisions of the Terms and Conditions shall limit the rights of consumers and persons referred to in Article 38a of the Consumer Rights Act to which they are entitled under the laws in force in the territory of the Republic of Poland. In the event of the existence of such a provision, the provisions of the law in force in the territory of the Republic of Poland shall apply, in particular the Civil Code and the Act on Consumer Rights.
Settlement of any disputes arising between the Seller and the Customer, who is a consumer, shall be subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, while the Seller allows for mediation proceedings. A consumer has the right to apply to a permanent arbitration court for consumers operating at the Trade Inspection or to the provincial inspector of the Trade Inspection, as well as may obtain free assistance in resolving a dispute between a Customer who is a consumer and the Seller, using the free assistance of district (city) consumer advocate.
A consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes relating to contractual obligations arising from the online sales contract or contract for the provision of services.
Settlement of any disputes arising between a Seller and a Customer who is not a consumer is subject to the competent court for the seat of the Website.
These Terms and Conditions are valid from 01.09.2021.
Seller reserves the right to change the Regulations. All changes to the Terms of Service come into force on the date indicated by the service. Orders placed before the date of entry into force of changes to these Regulations are implemented on the basis of the provisions in force on the date of Order.