Terms and Conditions

§ 1

Preliminary provisions

  1. The online Store of the Polish School of Alpinism (Polska Szkoła Alpinizmu), available at https://videoworkshops.eu, is run by the TDMA company Mateusz Gutek, registered in the Central Register and Information on Business Activity (CEIDG) run by the Minister of Economy, NIP No. (TAX ID No.) 547-209-30-17, REGON No. (Statistical ID No.) 242613778.
  2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Shop and the rules and procedure for concluding Sales Agreements with the Customer regarding distance selling via the Shop.

§ 2

Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the framework of the Store, the object of which is not directly related to their business or professional activity.
  2. Seller – a natural person conducting business activity under the name of TDMA Mateusz Gutek, entered into the Central Register and Information on Business Activity (pol.CEIDG) kept by the Minister of Economy, NIP No. 547-209-30-17, REGON No. 242613778.
  3. Customer – each entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and a business entity that is not a legal person, to which a separate act grants legal capacity, performing on its behalf the business activity that uses the Store.
  5. Store – an online store run by the Seller at www.climbingworkshops.tdma.pl.
  6. Distance contract – an agreement concluded with a Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
  7. Terms and Conditions – these Terms and Conditions of the Store.
  8. Order – the Customer’s declaration of will made using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
  9. Account – the Customer’s account in the Store, the data provided by the Customer and information on the Orders placed by the Customer in the Store are collected there.
  10. Registration form – a form available at the Store which enables the creation of an Account.
  11. Order Form – an interactive form available at the Store which enables placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including, above all, the method of payment.
  12. Shopping Cart – an element of the Store’s software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the data of the Order, in particular the number of products.
  13. Product – available in the Store access to a given Video Workshop, being the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.

§ 3

Contact with the Shop

  1. Seller’s address: 43-300 Bielsko-Biała, Asnyka 4/22
  2. Seller’s e-mail address: [email protected], or [email protected].
  3. Seller’s phone number: +48 602 730 213
  4. Seller’s bank account number: Mbank 46 1140 2004 0000 3102 5654 3243
  5. The Client may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
  6. The Client may communicate with the Seller by phone between 8:00 and 20:00.

§ 4

Technical requirements

Following are essential to use the Store, including browsing the Store’s assortment and placing orders for Products:

  1. terminal equipment with access to the Internet and a web browser,
  2. active e-mail account,
  3. cookies enabled.
    To view the Products made available by the purchase (Video Workshops) the Customer shall have a desktop computer, laptop or smartphone, with the possibility of watching videos on YouTube.

§ 5

General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action by third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
  2. Viewing the Store’s assortment does not require setting up an Account.
  3. The prices in the Store are given in Polish zloty and are gross prices (0% VAT).

§ 6

Creating an Account in the Shop

  1. To create the Account in the Shop, the customer must fill in the Registration Form. It is necessary to provide the customer’s e-mail address.
  2. Creating an Account in the Shop is free.
  3. Logging in to the Account is done by providing a login and password, which the customer receives in an e-mail.
  4. The customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for this.

§ 7

Rules for placing an Order

To place the Order the customer must:

  1. log in to the Store (optional);
  2. select the Product, which is the subject of the Order, and then click the “Add to cart” button;
  3. click the button “View cart”;
  4. after checking a cart, click the button “Proceed to checkout”;
  5. fill Billing details;
  6. select one of the available payment methods;
  7. click “I have read and accept terms.”;
  8. click the button “Place order”;
  9. pay for the Order.

§ 8

Delivery and payment

  1. All Products offered by the Store are in the digital form, provided to the Customer after pay for the Order.
  2. The Customer may use the following payment methods:
  • Electronic payments;
  • Payment by payment card.

§ 9

Execution of the Sales Agreement

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store under § 7 of the Regulations.
  2. After placing an Order and paying for it, the Customer receives access to the content related to the Order.

§ 10

Right of withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To comply with the deadline for withdrawal from the Agreement, it is sufficient to send the statement by the Consumer before the expiry of this deadline.
  3. The statement may be sent by traditional mail, or electronically by sending the statement to the Seller’s e-mail address – the contact details of the Seller are specified in § 3.
  4. In case the Consumer sends the statement by e-mail, the Seller will immediately send to the e-mail address provided by the Consumer a confirmation of receipt of the statement on withdrawal from the Agreement.
  5. In the course of the purchase of a Digital Product, the Customer, to receive immediate access to a paid Video Workshop or package, must agree to perform the agreement to be provided with digital content in the form of a selected Product before the expiry of the deadline for withdrawal from the contract. In this case, the Consumer loses the right to withdraw from the contract concluded with the Seller.
  6. Effects of withdrawal from the Agreement:
    a. In the case of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not concluded.
    b. In the case of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return the Consumer all payments made by him.

§ 11

Copyright

  1. Digital products offered by the Store are subject to copyright.
  2. Access to the purchased Products by third parties is prohibited.

§ 12

Complaint and warranty

  1. The Sales Agreement covers Digital Products.
  2. In case of a defect in the Product purchased from the Seller, the Customer has the right to complain
  3. The complaint must be submitted in writing or electronically to the addresses of the Seller given in these Regulations.
  4. It is recommended that the complaint include, among other things, a brief description of the defect, circumstances of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the Product.
  5. The Seller will respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request is justified.

§ 13

Out-of-court complaint handling and redress

  1. Detailed information on the possibility of using out-of-court complaint and redress procedures and the rules of access to these procedures are available in the offices and on the websites of the district (city) Consumer Ombudsman, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following exemplary possibilities to use out-of-court complaint handling and redress:
  3. The consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Commercial Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148 as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
  4. A consumer is entitled to apply to the Voivodeship Inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), for initiation of mediation proceedings to amicably ending the dispute between the Consumer and the Seller.
  5. The Consumer can obtain free assistance in resolving a dispute between him and the Seller, using also free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g. Consumer Association, Association of Polish Consumer).

§ 14

Personal data in the Online Store

  1. The administrator of the Customers’ personal data collected via the Online Store is the Seller.
  2. The personal data of the Customers collected by the administrator via the Online Store are collected for the purpose of the Sales Agreement.
  3. The receiver of the personal data of the Customers of the Online Store is the entity handling the selected payment in the Online Store.
  4. The Customer has the right to access and correct their data.
  5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the impossibility of concluding such an agreement.

§ 15

Final provisions

  1. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Client about each change at least 7 days in advance.
  2. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on rendering electronic services; Act on consumer rights, Act on personal data protection.
  3. The Client has the right to use out-of-court methods of the complaint processing and asserting claims. For this purpose, he may lodge a complaint via the EU ODR Internet platform available at the address: http://ec.europa.eu/consumers/odr/.

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