SALES OF ON-LINE TRAININGS REGULATIONS

These terms and conditions define the sale of services in the form of on-line training and advice via the website www.photocourse4u.com

The seller is Openity Sp. z o.o. (former Census Agnieszka Buczkowska), ul.Poznańska 99, 60-185 Skórzewo NIP: 7773386057 KRS [National Court Register]: 0000953194, District Court Poznań-Nowe Miasto and Wilda, VII Commercial Division of the National Court Register, Share capital: PLN 5,000, hereinafter referred to as the Seller. Contact with the Seller is possible by e-mail: contact@photocourse4u.com

1. DEFINITIONS

The terms used in the Regulations mean:

Regulations – means these terms and conditions. Within the scope of services provided electronically, this Regulation constitutes the terms and conditions referred to in Article 8 of the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204, as amended).
Ordering Party/Customer – a natural person, a legal person or an organizational unit without legal personality and with capacity to perform legal acts, who, on the terms set out in these Regulations, places an Order on the Seller’s Website.
Seller – an entity providing sales services via the Seller’s Website on the terms set out in these Regulations.
Service – online training service presented and offered on the Seller’s Website, which may become the subject matter of the transaction.
Subject matter of the transaction – on-line training services listed and described on the Seller’s Website.
On-line training – training presented on the Seller’s Website and intended for purchase and educational purposes. These trainings take place only in the form of videos played online, i.e. via the Seller’s Website, without the direct contact between the Ordering Party and the Seller (except for the assessment of homework).
Sale Agreement – the contract of sale of Goods, within the meaning of the Civil Code, concluded between the Seller and the Customer, using the Seller’s Website.
Order – an activity undertaken by the Customer, consisting in selecting specific Goods or Services within the website, aimed directly at concluding a Sale Agreement.
Seller’s Website Service (Website) – the website available at www.photocourse4u.com through which the Customer can place an Order and complete the training.
Device – a computer or other device of the Buyer, including a mobile device capable of connecting to the Internet, having the necessary software, having a microphone.
IT System – a set of interoperable IT equipment and software, providing processing and storage, as well as sending and receiving data through telecommunications networks using an end-device appropriate for the type of network.
Consumer Rights Act – Act of 3 March 2017 on Consumer Rights (Journal of Laws of 2017, item 2017, as amended).
Provision of Electronic Services Act – Act of 9 June 2017 on the Provision of Electronic Services (Journal of Laws of 2017, item 1219, as amended).

2. Recitals

These Regulations define the terms of use of the the online store available at www.photocourse4u.com and forms an integral part of the sales agreement concluded between the Buyer and the Seller.
Seller’s website is used to purchase and completion of the ordered training in an online form. (the Website) – the website available at www.photocourse4u.com through which the Customer can place an Order and complete the training.
Reading these Regulations and the Privacy Policy and accepting their provisions during the Order implementation is the condition for placing an Order in the Online Store by the Customer.
The sale agreement on the Website is concluded in Polish.
Technical conditions: in order to purchase and complete the training through the Website, it is necessary for the Customer to have a device enabling access to the Internet, equipped with an efficient operating system, e.g. Linux or Windows, the latest, up-to-date version of a web browser that provides access to the resources of the Internet, such as: Mozilla Firefox, Safari, Google Chrome, Internet Explorer, supporting cookies and an active email account. Internet access and screen resolution should guarantee the Customer the quality enabling the online play of videos in a quality that allows to benefit from the educational content of the materials viewed.

3. Orders and payments

The prices of trainings posted on the Website are gross prices in Polish zlotys. The prices do not include indirect costs when using the service (depending on the Customer, for example, possession of computer equipment or connection to the Internet during training).
The buyer may not make a purchase anonymously or under a nickname.
For the purpose of ordering the Goods or the Service via the Website, you must select the Service by taking the further steps in accordance with the messages displayed on the Website.
The Customer’s selects the ordered Services (including their type and number) by adding individual Services to the basket.
For the purpose of placing an Order and setting up an account, it is necessary for the Customer to provide the data specified in the order form, as well as to accept the Regulations by selecting the appropriate box, which visibly informs about the need for such acceptance in order to enable the continuation of the order.
In the process of placing an Order, the Customer is also obliged to make a choice as to the form of payment for the ordered Goods or Services.
By placing the Order, the Customer is aware that the conclusion of the contract is connected with the obligation to settle the due payment.
A summary of the Order will be displayed once the Customer provides all the necessary data to place the Order.
Placing an Order by the Customer shall constitute a declaration of intent to conclude a Sales Agreement with the Store Owner, in accordance with these Regulations.
An e-mail will be sent to the Customer containing confirmation of placing the Order once the Order is placed.
Together with the order for the purposes of the implementation of the Electronic Services, an individual account will be created for the Customer, accessible by a login (Customer’s e-mail address) and a password set by the Customer (hereinafter referred to as the “Account”). Setting up an account, due to the need to complete the purchased Service (training) on the Seller’s Website is mandatory.
Acceptance of the Regulations by the Client is a prerequisite for creating an Account.
The Sales Agreement shall be deemed to have been concluded at the time of payment settled by the Customer.
Payment shall be deemed to have been made in case of immediate payment through an online payment services such as PayPal or przelewy24 or the receipt of the funds on the Seller’s account with the following reservations:
- Payment made through PayPal or Przelewy24 online payment services guarantees the immediate launch of the service at any day or time, except in technical issues of such payment services that may block the launch. In the event of such an unexpected blockage, the indicated issue should be reported and then it will be clarified.
- Payment made by bank transfer to the Seller’s account means that the training service will be launched on the business day on which the Seller notes the payment on his account.
The provision of the service begins, with the express consent of the consumer, before the expiry of the 14-day withdrawal period, of which the Customer is informed in the process of placing the Order.
When paying for the Goods or the Service, the Customer may take advantage of the discounts in the form of vouchers and discount or promotional codes.
In the process of placing an order, the Customer may wish to receive a VAT invoice (in the case of individual preferences, the Seller should be informed about this fact in a separate e-mail), which will be sent electronically to the indicated e-mail address in the form of an electronic image (pdf). The provision of correct and complete data in the order form is the condition for issuing an invoice. This declaration also entitles the Seller to issue and send invoices in electronic form, in accordance with the Regulation of the Ministry of Finance of 20 December 2012 on submitting invoices in electronic form, the rules of their storage and the procedure of making them available to the tax authority or tax inspection authority. It is also allowed, at the individual request of the Customer, to issue a VAT invoice with a deferred payment, before purchasing the training. Such a request should be made by phone or e-mail.
The Owner of the Website reserves the right to change the prices of the Services presented on the Website, withdraw and introduce new Services, carry out and cancel all types of promotional campaigns and sales. The above right shall not affect Orders that were placed before the effective date of any of the changes referred to above.

4. Providing trainings

The service is provided within the period specified on the Website in relation to all services offered therein. However, if a different date of access is indicated in a given training, then this date shall apply to that training.
The training takes place at any time, the Website provides access to the content 24 hours a day. An exception to this situation may be technical interruptions or unforeseen failures of network infrastructure service providers on which the Seller relies or failures on the part of service providers serving the Customer.
The training shall be deemed to have been completed in accordance with the conditions set out therein.
The certificate of completion of the training is issued automatically by the system upon completion of the training. The Customer can obtain it by clicking on the PROFILE tab in the Customer’s panel.
The Customer is obliged not to share his/her password to the Account with third parties under the risk of losing access to the account and claim for damages.
The Customer is obliged not to share his/her password to the Account with third parties under liability for damages.
Failure by the Customer to complete training/not to use the materials provided as part of online training, failure to participate in the online consultation or any other form resulting in failure to use the offered Service is unequivocal with its proper performance (performance) by the Seller and causes termination all claims by the Customer for the performance of the subject of the Agreement as unfounded and irrelevant, including the Seller is not obliged to reimburse the costs incurred for the purchase of the Service by the Customer.
The Store Owner may delete the Customer’s account or deprive the Customer of the right to place Orders immediately, in the event of a material violation of the Regulations, in particular when the Customer during the registration on the Online Store or while placing an Order, provides data that are untrue, inaccurate or violates the rights of third parties, uses the Online Store in a manner inconsistent with applicable law, provisions of the Regulations, as well as with the general rules of using the Network, uses the Online Store in a way that is burdensome for other Customers and for the Store Owner, making Goods or Services available to third parties.

5. Liability

The Organizer of the Training is not responsible for failure to provide an e-mail with information regarding the execution of the order for reasons beyond the control of the Training Organizer.
The Organizer of the Training is not responsible for blocking by administrators of mail servers sending messages to the e-mail address indicated by the Buyer and for deleting and blocking emails by software installed on the computer used by the Buyer or other persons.
The Organizer of the Training is not responsible for errors in the handling of the order or other instructions of the Buyer, resulting from the provision of incorrect data by the Buyer.

6. Complaints

The Owner of the Website takes steps to ensure the proper operation of the service and undertakes to remove any irregularities in its functioning on an ongoing basis, if these irregularities relate directly to the Service, and not the network infrastructure independent of the Owner.
The Customer may inform the Owner of the Website about any irregularities or interruptions in the operation of the Service by sending the relevant information to the e-mail address contact@photocourse4u.com
In the e-mail referred in point 2 above, the Customer should provide their name, surname, correspondence address (including e-mail address), as well as the type and date of the irregularity related to the operation of the Website.
The Owner of the Website undertakes to consider the complaint within 14 (fourteen) days from the date of its receipt.

7. Rescission from the agreement

The Customer who is a consumer may rescind the Agreement without giving a reason, within 14 (fourteen) days from the date of receipt of the Goods (physical product), by sending a return form to the following e-mail address: contact@photocourse4u.com
If the Customer rescinds the Agreement by e-mail, the Owner of the Website shall immediately send a confirmation of receipt of the information about the rescind of the Agreement by the same route.
If the Customer rescinds the Sales Agreement, such agreement shall be deemed not to have been concluded, and the Parties shall be obliged to return what they have mutually provided to each other on basis thereof.
If all return conditions are met, the Owner of the Website shall refund the value of the Order immediately, but not later than within 14 (fourteen) days from the date of withdrawal by the Customer from the Sales Agreement.
The right to rescind the Sales Agreement by the Customer who is a consumer shall not be exercised in the case a contract for the sale of Services and goods has commenced, with the express consent of the consumer, before the expiry of the 14-day period referred to in point IX. 1, about which the Customer is informed in the process of placing the Order, goods in the form of audio and visual recordings and stored on IT data carriers after the Customer removes their original packaging or activates them, as well as personalised training services or consultations.

8. Copyrights

All copyright materials and resources published on the Website are the exclusive property of Openity Sp. z o.o. They are covered by copyright within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994, No. 24, item 83, as amended). Copying and distribution of materials and resources, subject to § 9 paragraph 2, requires each time a written or e-mail consent of the Service Provider. The materials and resources contained in each training may be used only by the Participant. The Participant may use them without the written consent of the Seller only for its own use, not competitive with the Service Provider, without the right to distribute these materials and resources. Any deviations from this policy will be reported to the Seller’s lawyer and proceedings will be initiated in order to obtain damages.
In the case of purchasing training for a third party, the Customer is obliged to inform this person about the provisions of the Agreement, the Regulations and the details of the purchased training. By accepting the Regulations, the Customer declares that he has informed a third party about the content of the Regulations, obtaining its acceptance, including consent to the recording and publication of the image of the person referred to in the Regulations.
When using the Website, the Customer is obliged, in particular: not to provide and not to transfer content prohibited by law or other activities contrary to law or principles of morality, or which violate personal rights and other rights of third parties, to use the Website in a manner consistent with its intended purpose and not interfering with its functioning, as well as in a way that does not inconvenience other Clients of the Website, to use all content posted on the Website solely for their personal use, to use the Website in a manner consistent with the Regulations, applicable law and general rules of using the Internet (net etiquette), to comply with copyright and non-disclosure to anyone of resources and materials (videos, broadcasts, etc.) received through the Website belonging to the Seller (directly on the Website, by e-mail or via social media – Facebook, LinkedIn, Instagram, YouTube).

9. Privacy Policy and personal data protection

When placing an Order, the Customer agrees to place personal data in the database of the Website for the purpose of their processing in connection with the implementation of the Order.
By placing an Order for the Service, the Customer agrees to the use of his/her image captured on profile photos, on photos submitted for the assessment of homework, as well as to the use of the photos themselves submitted for assessment and third parties captured, in particular by posting them on the Website of the Service in social networks or on the Internet, for promotional or advertising purposes of the Website itself or the Services sold within it. The consent referred to above may be revoked by the Customer at any time by sending an appropriate statement to the e-mail address contact@photocourse4u.com
The Seller is the data controller for the database of personal data provided by customers of the online store in connection with purchases.
Customers have the right to access, delete, correct and transfer their data. The data shall be provided on a voluntary basis.
Deletion of data results in simultaneous deletion of the account and access to the purchased training, and in the case of completed training, to the history of this training and the training completion certificate generated by the Service.
Recording, securing and making available the content of the concluded Sales Agreement takes place by sending the Order specification to the Customer to the e-mail address provided.
The full content of the Privacy Policy, developed on the basis of 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 (GDPR) is available HERE.

10. Fina provisions

In matters not covered by these Regulations, the provisions of the Act of 2 March 2000 on the Protection of Certain Consumer Rights shall apply.
Disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Seller and the Customers shall be considered by the Court of competent jurisdiction in accordance with the Seller’s registered office.

The effective date 02.01.2021

Regulations