TERMS OF SERVICE

 

OVERVIEW

 

My name is Martyna Friedla and I am a creator of digital content, access to which I sell through my online services.

These terms of service apply to every purchase in my company named Martyna Friedla and registered with following data in Poland:

Martyna Friedla 

NIP:7543252927, 

REGON:384960053.

 

Below you will find the regulations, which contain information, among others, about the method of placing an order and concluding a contract, payment methods available, or complaint procedure.

 

If you have any questions, my team is at your disposal at the email address team@academyofsensitivity.com

 

  • 1 DEFINITIONS

For the purposes of these Regulations, the following terms shall have the following meaning:

 

  1. Buyer, Customer, Client – a natural person, legal person or a defective legal person,
  2. Consumer – a natural person concluding a contract with the Seller not directly related to its business or professional activity,
  3. Regulations – these regulations available on this page,
  4. Store – an online store (available in the future) including mentorship and mastermind programs purchased from Martyna Friedla company through online services and contracts.
  5. Seller, company Martyna Friedla – Martyna Friedla, running a business under the name “Martyna Friedla”, address: ul. Prószkowska 35/33, 45-710 Opole, NIP: 7543252927.
  • 2 PRELIMINARY PROVISIONS 
  1. Through the Store, the Seller sells digital content, while providing electronic services to the Buyer in accordance with § 3 of the Regulations.
  2. The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.
  3. To make a purchase via the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. Sufficient are:
  • Internet access,
  • standard operating system
  • standard web browser,
  • having an active e-mail address.
    4. To use digital content, the following technical conditions must be met by the Buyer’s computer or other device:
  • Internet access,
  • standard operating system
  • standard web browser,
  • standard office suite (e.g. Microsoft Office, OpenOffice, LibreOffice, Google Docs),
  • standard .pdf file viewer (e.g. AdobeReader),
  • standard video player (e.g. WindowsMediaPlayer),
  • having an active e-mail address.
    5. In a situation where the use of digital content would require the fulfillment of additional technical conditions, these conditions are indicated in the description of the digital content before the selling process.
    6. The buyer cannot make a purchase anonymously or under a pseudonym and can buy only if is in the age of majority in his/her country.
    7. It is forbidden for the Buyer to provide unlawful content, in particular by sending such content as part of the forms available in the services.
    8. All prices given are gross prices.

  • 3 SERVICES PROVIDED ELECTRONICALLY 
  1. Through the Store and other selling proceses available, the Seller provides electronic services to the Buyer.
  2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Store.
  3. If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting in setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his e-mail address and a password defined by him.
  4. Services are provided electronically to the Buyer free of charge. However, contracts for the supply of digital content concluded via the Store are payable.
  5. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller 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 by unauthorized persons.
  6. The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
  7. Any complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the e-mail address team@academyofsensitivity.com In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 30 days of receiving the complaint and will inform the Customer about its settlement to the e-mail address of the complainant.
  • 4 INTELLECTUAL PROPERTY RIGHTS 
  1. The Seller hereby instructs the Buyer that the content available on the Store’s website and digital content sold through the Store may constitute works within the meaning of the Act of February 4, 1994 of Polish law regulations on copyright and related rights, to which the Seller is entitled to copyright.
  1. The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without the Seller’s consent, except for the use of the content as part of permitted personal use, is a violation of the Seller’s copyright and may result in civil or criminal liability.
  1. The client of the company Martyna Friedla undertakes to make every effort to use the tools, information, techniques, services, courses, calls purchased from Martyna Friedla in accordance with their intended purpose and original intention, i.e. in accordance with the provisions of the contract. The client undertakes not to publish materials, tools, information, techniques, services, records of calls purchased from Martyna Friedla without the written consent of representatives of Martyna Friedla. This means that the publication and use of purchased materials outside the space of the service performed – is inconsistent with the regulations and protected, among others, by copyright law. 
  • 5 CONCLUDING OF THE CONTRACT
  1. The buyer can place an order as a registered customer or as a guest.
  2. A registered customer is a Buyer who has an account in the Store. The Buyer may set up an account by ticking the appropriate checkbox in the ordering process or by completing a separate account registration form available in the Store.
  3. If the Buyer has an account in the Store, he should log in to it before placing an order. Logging in is also possible when placing an order by clicking on the link available as part of the displayed message.
  4. Placing an order is done by completing the order form after adding digital content of interest to the Buyer to the basket. In the form, it is necessary to provide the data necessary to complete the order. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read beforehand. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.
  5. The ordering process is completed by clicking the order finalizing button. Clicking the button finalizing the order constitutes a declaration of intent of the Buyer leading to the conclusion of a contract with the Seller for the supply of digital content.
  6. If the Buyer chose online payment when placing the order, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator to make the payment for the order. If the Buyer has chosen payment by bank transfer, after clicking the button finalizing the order, he will be redirected to the Store’s website with order confirmation and payment instructions. Payment for the order should be made within five calendar days from the conclusion of the contract. Access to the course is granted after the payment is credited or the confirmation of the transfer is sent to the e-mail address: team@academyofsensitivity.com
  7. Only persons in the age of majority may become clients.
  • 6 PAYMENT
  1. The only payment option available in the Store and other ways of purchas are secured electronic payments.
  2. Electronic payments, including card payments, are handled by PayPal, it is also possible to pay by traditional transfer.
  3. Invoices in the online store are issued automatically, sent electronically to the e-mail address provided in the order form.
  4. Invoices form purchases done by traditional transfer or PayPal subscribtions (and not by a Store) are being sent as soon as possible (to 7 days).
  • 7 PERFORMANCE OF THE CONTRACT
  1. An order involving digital content is processed by sending a message to the e-mail address provided by the Buyer in the order form containing instructions for downloading or accessing the purchased digital content.
  2. In the case of on-line courses, an account may be created for the Buyer within the course platform, and access data will be sent as part of the e-mail message referred to in section 1 above or manually.
  3. In the case of on-line courses, access to the course content may be time-limited, in accordance with the information contained in the course description on the Store’s website. In such a situation, after the specified period of time, the Buyer will lose access to the course.
  4. In the case of on-line courses, the Buyer is obliged to use the course platform in a manner consistent with the law, the Regulations and decency, in particular:
  • use the platform in a way that does not interfere with the use of the platform by other users, does not infringe any rights, goods or interests of third parties, does not negatively affect the functioning of the platform, in particular through the use of malicious software,
  • not to share access data to your account on the platform with any third parties and take care of the security of your access data,
  • not to distribute the course or its individual fragments without the prior consent of the Seller.

    5. In the event of using the course platform in a manner contrary to sec. 4 above, the Seller retains the right to block the Buyer’s access to the course.
    6. Martyna Friedla’s company is not responsible for the degree of results of clients using courses, consultations, individual programs or any activities carried out by Martyna Friedla and made at the client’s request. The presented content is the result of personal experience and education and the results achieved by the founder of the company: Martyna Friedla – however, they do not constitute a 100% guarantee for all people who use the purchased services.
  • 8 CONSUMER’S WITHDRAWAL FROM THE CONTRACT
  1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract except the purchases described in paragraph 3 of §8 of this Regulation.
  2. Starting from 01.06.2020, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on Consumer Rights is also vested in a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it has a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the Consumer’s rights, starting from June 1, 2020, these rights also apply to a person meeting the above criteria.
  3. The right to withdraw from a distance contract is not available 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 began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about loss of the right to withdraw from the contract.
  4. In order to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post, fax or e-mail.
  5. In order to meet the withdrawal deadline, it is enough for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the withdrawal deadline expires.
  6. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer immediately, no later than 14 days from the date on which the Seller was informed about the exercise of the right to withdraw from the contract.
  • 9 LIABILITY FOR DEFECTS
  1. The Seller is obliged to provide the Buyer with digital content free from defects.
  2. The Seller is liable to the Buyer if the digital content has a physical or legal defect (warranty for defects).
  3. If the Buyer finds a defect in digital content, he should inform the Seller about it, specifying his claim related to the defect found or submitting a statement of appropriate content.
  4. The Buyer may contact the Seller via e-mail.
  5. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint using the same means of communication with which the complaint was submitted.
  6. Starting from 01/06/2020, the provisions regarding the Seller’s warranty for defects in the sold item regarding Consumers also apply to a natural person concluding a contract with the Seller directly related to his business activity, when the content of this contract shows that he has no a person of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  • 10 PERSONAL DATA AND COOKIES
  1. The administrator of the Buyer’s personal data is the Seller.
  2. The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:
  • conclusion and performance of the contract – art. 6 sec. 1 lit. b GDPR,
  • fulfillment of tax and accounting obligations – art. 6 sec. 1 lit. c GDPR,
  • defense, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
  • identification of the returning customer, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
  • handling inquiries sent by Buyers who have not yet concluded a contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
  1. The recipients of the Buyer’s personal data are: tax offices, accounting office, law firm, hosting provider, invoicing system provider, CRM system provider, mailing system provider.
  2. The Buyer’s personal data is stored in the Seller’s database for the entire duration of business activity in order to ensure the possibility of identifying the returning customer, which, however, the Buyer may object to by demanding the removal of his data from the Seller’s database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer’s data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer’s personal data is stored for the period required by law.
  3. The Buyer’s rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to lodge a complaint to the President of the Office for Personal Data Protection.
  4. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to the newsletter.
  5. The store uses cookies technology.
  6. Details related to personal data and cookies are described in the privacy policy available at http://martynafriedla.com/privacy-policy/
  • 11 OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS
  1. The seller agrees to submit any disputes arising in connection with the concluded contracts for the supply of digital content through mediation proceedings. Details will be determined by the parties to the conflict.
  2. The consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims. Among other things, the Consumer has the option of:
  • apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded contract,
  • apply to the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
  • use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
  1. More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://polubowne.uokik.gov.pl.
  2. The consumer may 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 entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
  • 12 FINAL PROVISIONS
  1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
  2. The Seller reserves the right to make changes to the Regulations. For contracts concluded before the amendment to the Regulations, the Regulations in force on the date of conclusion of the contract shall apply.
  3. Any disputes related to contracts concluded through the Store will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers, in the case of which the jurisdiction of the court is considered on general terms. Starting from June 1, 2020, this provision also does not apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the performed activity its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the jurisdiction of the court is considered on general terms.
  4. The Regulations in this form are valid from October 27th 2023.
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