REGULATIONS OF THE elemelingua.com ONLINE STORE of 08/04/2020
The terms used in the Regulations mean:
1. Customer - a physical person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order within the Store;
2. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
3. Regulations - these Regulations for the provision of electronic services as part of the online store www.elemelingua.com;
4. Online Store (Store) - a website available at www.elemelingua.com, through which the Customer may, in particular, place Orders;
5. Goods - products presented in the Online Store;
6. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between Oficyna Wydawnicza Rivail (Rivail Publishing House) Konrad Jerzak vel Dobosz, ul. Złota 75A/7, 00-819 Warsaw, NIP: 125-114-38-49, REGON: 142085845 and the Customer, concluded using the Store's website;
7. Act on special conditions of consumer sale - the Act of 27 July 2002 on special conditions of consumer sale and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended);
8. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
9. Order - Customer's declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
II. General provisions
2.1. These Regulations define the rules for using the online store available at www.elemelingua.com.
2.2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
2.3. The online store, operating at www.elemelingua.com, is run by the Publishing House of Rivail Konrad Jerzak vel Dobosz, ul. Złota 75A/7, 00-819 Warsaw, NIP: 125-114-38-49, REGON: 142085845.
2.4. These Regulations define in particular:
a.) rules for registering and using an account in the Online Store;
b.) terms and conditions for making electronic reservations of products available in the Online Store;
c.) the terms and conditions for submitting Orders via the Online Store;
d.) rules for concluding Sales Agreements with the use of services provided as part of the Online Store.
2.5. Using the online store is possible, provided that the ICT system used by the customer meets the following minimum technical requirements:
a.) Internet Explorer version 6.0 or later, or
b.) Google Chrome version 27 or newer, or
c.) Mozilla Firefox version 20 or later,
d.) minimum screen resolution of 800 x 600 pixels.
2.6. In order to use the online store, the customer should obtain access to a computer station or terminal device with Internet access.
2.7. In accordance with applicable law, Oficyna Wydawnicza Rivail (Rivail Publishing House) reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18. In this case, potential customers will be notified of the above.
2.8. Customers can access these Regulations at any time via the link found on the home page of the website www.elemelingua.com and download it and print it out.
2.9. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.
III. Rules for using the Online Store
3.1. The condition to start using the Online Store is registration on it.
3.2. Registration takes place by completing and accepting the registration form, available on one of the Store's pages.
3.3. The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.
3.4. Oficyna Wydawnicza Rivail (Rivail Publishing House) may deprive the Customer of the right to use the Online Store, and may limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:
a.) during registration in the online store, has provided untrue, inaccurate or out-of-date data, misleading or infringing the rights of third parties,
b.) committed, through the online store, infringement of personal rights of third parties, in particular the personal rights of other customers of the Online Store,
c.) engaged in other behaviors that will be recognized by Oficyna Wydawnicza Rivail (Rivail Publishing House) as inconsistent with the applicable law or general principles of using the Internet, or in the good name of Oficyna Wydawnicza Rivail (Rivail Publishing House).
3.5. A person who has been deprived of the right to use the Online Store may not register again without the prior consent of Oficyna Wydawnicza Rivail (Rivail Publishing House).
3.6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
3.7. The customer is obliged in particular to:
a.) not provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
b.) use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c.) refrain from taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
d.) use the Online Store in a way that is not inconvenient for other customers and for Oficyna Wydawnicza Rivail (Rivail Publishing House),
e.) use any content contained in the Online Store only for personal use,
f.) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
IV. Procedure for concluding a Sales Agreement
4.1. In order to conclude a Sales Agreement via the Online Store, go to the website www.elemelingua.com, select the ordered books or magazines, taking further technical steps based on the messages displayed to the Customer and information available on the website.
4.2. The selection of the ordered Goods by the Customer is made by adding them to the basket.
4.3. When placing the Order - until the "Order" button is pressed - the Customer can modify the entered data and the selection of the Goods. To do this, follow the messages displayed to the Customer and the information available on the website.
4.4. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information on the:
a.) subject of the contract,
b.) unit and total price of ordered products or services, including delivery costs and additional costs (if any),
c.) selected payment method,
d.) selected delivery method,
4.5. In order for the Order to be sent, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the "Place order" button.
4.6. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Publishing House of Rivail, in accordance with the Regulations.
4.7. After placing the Order, the Customer will receive an e-mail containing the final confirmation of all essential elements of the Order.
4.8. The contract is considered concluded in the moment the Customer receives the e-mail referred to above.
4.9. The sales contract is concluded in English, with the content in accordance with the Regulations.
5.1. The delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the Order.
5.2. The delivery of the ordered Goods takes place via Poczta Polska or the InPost company. The delivery costs range from PLN 1 (InPost) to PLN 10 (Poczta Polska) for the entire shipment, with prepayment to the account of Oficyna Wydawnicza Rivail (Rivail Publishing House), or PLN 20 for each ordered book in the case of foreign shipment. Additionally, the delivery costs will be indicated at the time of placing the Order.
5.3. The delivery date is from 1 to 5 business days from the date of submitting the Order by the Customer.
5.4. Customers can access these Regulations at any time via the link found on the home page of the website www.elemelingua.com and download it and print it out.
Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Contract for the sale of Goods takes place by sending the Customer to the e-mail address provided and by attaching a printout of the confirmation, Order specification and VAT invoice to the shipment containing the Goods.
VI. Prices and payment methods
6.1. The prices of the Goods are given in Polish zlotys and include all components, including VAT (including the rate), customs and all other components
6.2. The customer has the option to pay the price:
a.) by bank transfer to the bank account number 38 1050 1025 1000 0090 7063 6536,
b.) using the online payment option via the Dotpay, Paypal or iMoje payment gateway, enabling payments by credit card and/or fast internet transfers
c.) using the "Buy with Twisto" payment option offered by the iMoje payment gateway, enabling payment for the purchased goods or service by Twisto Polska Sp z o.o. under a contract of mandate including the "Buy with Twisto" purchasing formula.
VII. The right to withdraw from the contract
7.1. The customer who is a consumer within the meaning of Art. 221 of the Civil Code, has the right - under the provisions of law - to withdraw from a distance contract, without giving a reason, by submitting an appropriate statement in writing, within 14 days and sending it to the address of Oficyna Wydawnicza Rivail (Rivail Publishing House) provided in these Regulations.
7.2. The 14-day period is counted from the day on which the Goods were delivered.
7.3. The right to withdraw from the contract by the consumer is excluded in the case of:
goods (services) that go beyond the standard offer of the store, prepared on special order and tailored to the client's individual needs; press delivery.
7.4. In the event of withdrawal from a distance contract, the contract is considered void. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within 14 days. The purchased goods should be returned to the following address:
Oficyna Wydawnicza Rivail (Rivail Publishing House) Konrad Jerzak vel Dobosz, ul. Złota 75A/7, 00-819 Warsaw.
7.5. The Goods returned by the Customer should be packed in an appropriate manner, ensuring no damage to the parcel during transport.
7.6. The cost of packaging and returning the goods is borne by the customer.
VIII. Complaints about the Goods
8.1. Oficyna Wydawnicza Rivail (Rivail Publishing House) as the seller is liable to the Customer who is a consumer within the meaning of Art. 221 of the Civil Code, for non-compliance with the Agreement for the sale of the Goods purchased by this consumer, to the extent specified in the Act on specific terms of consumer sales.
8.2. Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to firstname.lastname@example.org. Oficyna Wydawnicza Rivail (Rivail Publishing House) undertakes responsibility to consider each complaint within 14 days, and if not possible, to inform the customer within this period when the complaint will be considered.
IX. Warranty Policy
9.1. The warranty covers all products sold on the Website.
9.2. The in-store book warranty covers the following terms:
9.2.1. If the customer receives a defective physical product, e.g. a book with printing errors such as: missing pages, pages printed illegibly, pages submitted in the wrong order and other pages that prevent the use of the product, he/she may inform the Store at any time and receive a new copy at the expense of the Store, without defects. To obtain a new copy, just send information to the website: email@example.com and attach photos confirming printing errors. The warranty against printing errors is indefinite.
9.2.2. In the event of physical defects of the product, e.g. a sticky cover, folding or damage to the cover and pages, the customer is entitled to a 30-day period for replacing the product, regardless of whether the physical defects are due to damage during transport or manufacturing defects. The deadline is counted from the date of receipt of the product, understood as the date of delivery of the book by Poczta Polska to the address provided by the customer.
9.3. The warranty for online courses and tickets for stationary workshops sold in the store covers the following conditions:
9.3.1. If the client is unable to attend the course for any reason (logistic, technical or otherwise) or if the client is not satisfied with the course, he/she may request a refund of the amount paid for the course within:
a.) 30 days from the date of purchase of the course in the case of online courses, access to which the customer obtains immediately after paying for the order
b.) 30 days from the starting date of the course for online courses on specific dates
c.) 30 days from the date of training in the case of stationary training
9.3.2. To take advantage of the warranty specified in clause 9.3.1. The customer must send information by e-mail to the following address: firstname.lastname@example.org that he would like to get a refund of the amount paid. The client is not obliged to provide a reason for resignation from the course. In such a case, the store reserves the right to withdraw access to the materials related to the course and available on the website.
X. Complaints regarding the provision of electronic services
10.1. Oficyna Wydawnicza Rivail (Rivail Publishing House) takes steps to ensure that the Store is fully operational, to an extent that results from the current technical knowledge and undertake the responsibility of removing any irregularities reported by customers within a reasonable time.
10.2. The client is obliged to immediately notify the Oficyna Wydawnicza Rivail (Rivail Publishing House) about the any irregularities or interruptions in the functioning of the Online Store website.
10.3. Irregularities related to the functioning of the Store may be reported by the Customer in writing to the following address: Oficyna Wydawnicza Rivail (Rivail Publishing House) Konrad Jerzak vel Dobosz, ul. Złota 75A/7, 00-819 Warszawa, by e-mail to the address email@example.com or using the contact form.
10.4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
10.5. Oficyna Wydawnicza Rivail (Rivail Publishing House) undertakes the responsibility to consider each complaint within 14 days, and if not possible, to inform the customer within this period when the complaint will be considered.
XI. Final Provisions
11.1. Settlement of any disputes arising between Oficyna Wydawnicza Rivail (Rivail Publishing House) and the Client who is a consumer within the meaning of Art. 221 of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
11.2. Settlement of any disputes arising between Oficyna Wydawnicza Rivail (Rivail Publishing House) and the Client who is not a consumer within the meaning of Art. 221 of the Civil Code of the Civil Code, is subject to the court having jurisdiction over the seat of Oficyna Wydawnicza Rivail (Rivail Publishing House) .
11.3. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.