Terms and Conditions of the Online Store krzysztofjanowski.com

§ 1. Definitions

Contact Form – a form available on the website krzysztofjanowski.com enabling users to send messages to the Service Provider.
Service Provider – GOOD WAY LIFE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Aleksandra Fleminga 33B/1, 03-176 Warsaw, Poland, NIP: 5213527113, REGON: 0000323176.
Order Form – a form available on the website krzysztofjanowski.com enabling the placement of an Order.
Customer – a person using the functionalities of the Online Store who intends to conclude or has concluded a Sales Agreement with the Service Provider.
Consumer – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
Product – a physical product, goods containing digital elements, digital content, or a digital service available in the Online Store and constituting the subject of the Sales Agreement between the Customer and the Service Provider.
Terms and Conditions – these Terms and Conditions of the Online Store.
Entrepreneur with Consumer Rights – a natural person entering into an agreement with the Company for the provision of services through the Portal directly related to their business activity, where it follows from the content of the agreement that it does not have a professional character for that person, in particular resulting from the scope of their business activity disclosed in the Central Registration and Information on Business.
Online Store – the Service Provider’s online store operating at krzysztofjanowski.com.
Service Provider – GOOD WAY LIFE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Aleksandra Fleminga 33B/1, 03-176 Warsaw, Poland, NIP: 5213527113, REGON: 0000323176.
Sales Agreement – an agreement for the sale of a Product concluded between the Customer and the Service Provider through the Online Store.
Electronic Service – a service provided electronically by the Service Provider to the User through the Online Store.
User – a natural person, legal entity, or organizational unit without legal personality but granted legal capacity by law, using the Electronic Service.
Order – a declaration of intent by the Customer constituting an offer to conclude a Sales Agreement for a Product with the Service Provider.

§ 2. General Provisions

These Terms and Conditions set out the rules for concluding Sales Agreements for Products, the procedure for submitting complaints, and the conditions for withdrawal from Sales Agreements, as well as the types and scope of services provided electronically by the Online Store operating at krzysztofjanowski.com. They also define the principles for providing such services, and the terms for concluding and terminating agreements for the provision of electronic services.
By using the services of the Online Store krzysztofjanowski.com, each User is obliged to comply with the provisions of these Terms and Conditions from the moment they take any action aimed at using the Store’s services.
In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular:
1. the Act on the Provision of Electronic Services of 18 July 2002,
2. the Consumer Rights Act of 30 May 2014,
3. the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
4. the Act on Counteracting Unfair Market Practices of 23 August 2007,
5. the Civil Code Act of 23 April 1964.

§ 3. Conclusion of the Sales Agreement

The Online Store krzysztofjanowski.com sells Products via the Internet.
The Products are free from physical and legal defects. Information regarding functionality, as well as compatibility and interoperability relevant to goods containing digital elements, digital content, or digital services, is provided in the offer of each Product in the Online Store.
The information provided on the Online Store’s website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer submits to the Service Provider an offer to purchase a specified Product under the conditions set out in the Product description in the Online Store.
The prices of Products displayed in the Online Store include all components of the price, including VAT, excluding delivery costs.
The Product price displayed on the Online Store website is binding at the time the Order is placed by the Customer. Any subsequent changes to Product prices in the Online Store, including promotions or discounts occurring after the Order has been placed, shall not affect the price agreed in the Customer’s Order.
Orders may be placed online by completing the Order Form.
The condition for placing an Order in the Online Store is the creation of a Customer account, reading the Terms and Conditions, and accepting its provisions at the time of placing the Order.
If, before the performance of the Sales Agreement begins, the Service Provider is forced, due to reasons beyond its control, to change essential terms of the Sales Agreement with the Customer, the Customer shall be notified immediately.
In such a case, the Customer has the right to:
1. accept the proposed changes to the Sales Agreement, or
2.withdraw from the Sales Agreement with immediate refund of all payments made and without any obligation to pay contractual penalties.

The Customer is obliged to inform the Service Provider of their decision without undue delay. Order processing will be suspended until the Customer provides their response.
If the Customer withdraws from the Sales Agreement under point 9 above, or if the Service Provider cancels the performance of the Sales Agreement for reasons beyond the Customer’s control, the Customer shall be entitled to an immediate refund of the full amount paid to the Service Provider.

§ 4.

The Sales Agreement is concluded at the moment the Customer places an Order via EasyCart (by clicking the “Order and Pay” button or any button of similar meaning), unless otherwise stated in the Product description in the Online Store. If, at the Customer’s express request, the performance of the service is to begin before the expiry of the withdrawal period from the Sales Agreement, the Service Provider requires the Customer to submit a declaration:
1. stating such an express request,
2. that they acknowledge having been informed of the loss of the right to withdraw from the Sales Agreement upon its full performance by the Service Provider.
After the Order has been placed, the Service Provider shall immediately confirm its receipt and acceptance of the offer by sending an email to the address provided by the Customer in the Order Form.
The confirmation of receipt of the Order shall include:
1. confirmation of all essential elements of the Order,
2. a copy of these Terms and Conditions in PDF format,
3. information on the right of withdrawal from the contract or information that the Customer has given consent for the supply of digital content in circumstances resulting in the loss of the right to withdraw from the Sales Agreement.
Each Sales Agreement shall be confirmed with an appropriate proof of purchase, which will be attached to the Product and/or sent electronically to the Customer’s email address provided in the Order Form.
The Service Provider shall deliver the Product to the Customer immediately after the conclusion of the Sales Agreement and upon receipt or confirmation of payment of the Product price by the Customer.
The order processing time is calculated from the moment a successful payment authorization is obtained.

§ 5. Payment Methods

The handling of the Product ordering process, including payment processing for Products and the performance of the obligations referred to in §3 and §4 above, has been entrusted by the Service Provider to the entity operating the EasyCart service available at www.easycart.pl. The operator of EasyCart acts in this respect on behalf of and for the Service Provider.
The entity providing online payment processing for card payments is Autopay S.A.
Available payment methods:
Payment cards:
*Visa
*Visa Electron
*Mastercard
*Mastercard Electronic
*Maestro
The Service Provider allows payment for the Order via the payment methods available in EasyCart.
After completing the Order in the Online Store, in order to proceed with its fulfilment, including payment, the Customer will be redirected—after clicking the appropriate button—to the relevant EasyCart subpage.
In order to use all EasyCart features, including purchasing Products from the Service Provider via EasyCart, the User must register in EasyCart, i.e. create an Account and comply with the EasyCart Terms and Conditions available at https://www.easycart.pl/buyer-terms.
In the case of payment via an electronic payment system, the Customer shall make the payment before the processing of the Order begins. The electronic payment system enables payment by credit card or instant transfer from selected Polish and foreign banks.
The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
The service will be performed only after it has been paid for.

§ 6. Product Complaints

The basis and scope of the Service Provider’s liability towards the Customer are defined by Article 43a and subsequent provisions of the Consumer Rights Act.
The Customer has the right to exercise statutory warranty rights for physical and legal defects of the Product, in particular to request repair, replacement, price reduction, or withdrawal from the contract in cases provided for by applicable law.
Complaints regarding the Product should be submitted by the Customer to the Service Provider via email at: contact@krzysztofjanowski.com, or in writing to the Service Provider’s address indicated in §1(9) of these Terms and Conditions.
The complaint submission should include as much information and detail regarding the subject of the complaint as possible, in particular the type and date of the irregularity, as well as contact details.
The Service Provider shall respond to the Customer’s request without undue delay, and no later than within 14 days from the date the complaint is submitted.
In the case of a complaint submitted by a Customer who is a Consumer or an entity referred to in §7(9) of these Terms and Conditions, failure to consider the complaint within 14 days of its submission shall be deemed as acceptance of the complaint.
The response to the complaint shall be provided via the communication channel indicated by the Customer in the complaint submission.

§ 7. Right of Withdrawal from the Contract

Subject to paragraph 7 below, the Customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of conclusion of the Sales Agreement, in accordance with Article 27 and subsequent provisions of the Consumer Rights Act.
To exercise the right of withdrawal from the Sales Agreement, the Customer must inform the Service Provider of their decision.
For the purpose of withdrawing from the Sales Agreement, the Customer may use the model withdrawal form attached as an appendix to these Terms and Conditions.
In the event that a refund is required for a transaction made by the Customer using a payment card, the refund will be made to the bank account linked to the Customer’s payment card.
To meet the withdrawal deadline, it is sufficient for the Customer to send information regarding withdrawal from the Sales Agreement to biuro@krzysztofjanowski.pl or to the Service Provider’s address indicated in §1(9) of these Terms and Conditions before the expiry of the withdrawal period.
The Service Provider shall refund all payments received from the Customer without undue delay, and no later than within 14 days from the date on which the Service Provider was informed of the withdrawal from the Sales Agreement, unless the Customer exercises the right of withdrawal after making the request referred to in §4.1 above – in such case, the Customer is obliged to pay for services performed up to the moment of withdrawal from the Sales Agreement.
The refund shall be made using the same payment methods that were used by the Customer to pay for the Order, unless the Customer has expressly agreed to a different solution.
The right of withdrawal from a distance contract does not apply to the Customer in relation to contracts:
1. for the provision of services for which the Customer is obliged to pay a price, where the Service Provider has fully performed the service with the express consent of the Buyer, who was informed before the performance began that they would lose the right of withdrawal once the service has been fully performed by the Service Provider and acknowledged this;
2. where the price or remuneration depends on fluctuations in the financial market beyond the Service Provider’s control, which may occur before the expiry of the withdrawal period;
3. where the subject of the performance is a non-prefabricated item manufactured according to the Customer’s specifications or intended to meet the Customer’s individualized needs;
4. where the subject of the performance is an item that is liable to deteriorate rapidly or has a short shelf life;
5. where the subject of the performance is an item delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
6. where the subject of the performance consists of items which, after delivery, due to their nature, are inseparably mixed with other items;
7. where the subject of the performance consists of sound or visual recordings or computer programs supplied in sealed packaging, if the packaging was opened after delivery;
8. for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts;
9. for the provision of services relating to accommodation (other than for residential purposes), transport of goods, car rental, catering, leisure services, entertainment, sports, or cultural events, where the contract specifies the day or period of performance;
10. for the supply of digital content not supplied on a tangible medium, for which the Customer is obliged to pay a price, if performance has begun with the Customer’s express and prior consent, after they were informed before the performance began that they would lose the right of withdrawal once performance has begun, and acknowledged this, and the Service Provider has provided the confirmation referred to in §4.3 above.
The right of withdrawal from the Sales Agreement is granted to both the Service Provider and the Customer.
An Entrepreneur with Consumer Rights is entitled to the protection provided under applicable law, provided that the Sales Agreement or agreements for the provision of Electronic Services concluded with the Service Provider do not have a professional character.
A person conducting business activity referred to in paragraph 9 above is covered by protection only to the following extent:
1. unfair contract terms (so-called abusive clauses),
2. liability under statutory warranty for physical and legal defects of the Product, in accordance with §6 of the Terms and Conditions,
3. the right of withdrawal from a distance contract, in accordance with §7 of the Terms and Conditions.
An Entrepreneur referred to in paragraph 9 above shall lose the rights arising from consumer protection if the Sales Agreement concluded with the Service Provider has a professional character, in particular resulting from the subject of the business activity carried out by that entrepreneur, as made available under the provisions on the Central Registration and Information on Business Activity.

§ 8. Types and Scope of Electronic Services

The Service Provider enables the use of Electronic Services via the Online Store, such as:
1. concluding Sales Agreements for Products,
2. sending messages via the Contact Form,
3. creating a customer account/profile,
4. adding comments,
5. rating products.
The provision of Electronic Services to Users of the Online Store is carried out under the terms specified in these Terms and Conditions.
The Service Provider has the right to publish advertising content on the Online Store’s website. Such content forms an integral part of the Online Store and the materials presented therein.

§ 9. Terms and Conditions for the Provision and Conclusion of Agreements for Electronic Services

The provision of Electronic Services by the Service Provider is free of charge.
Duration for which the agreement is concluded:
1. the agreement for the provision of the Electronic Service enabling the placement of Orders in the Online Store is concluded for a fixed term and terminates upon the submission of an Order or upon the User ceasing to place an Order,
2. the agreement for the provision of the Electronic Service enabling the sending of messages via the Contact Form is concluded for a fixed term and terminates upon the message being sent or upon the User ceasing to send it,
3. the agreement for the provision of the Electronic Service consisting in creating a customer account/profile is concluded for a fixed term and terminates upon deletion of the customer account/profile,
4. the agreement for the provision of the Electronic Service enabling the posting of comments is concluded for a fixed term and terminates upon the posting of a comment by the User,
5. the agreement for the provision of the Electronic Service enabling product ratings is concluded for a fixed term and terminates upon the submission of a product rating by the User.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
1. a computer (or mobile device) with Internet access,
2. access to electronic mail (email),
3. an internet browser,
4. cookies and JavaScript enabled in the web browser.
The Customer is obliged to:
1. use the Online Store in a manner consistent with applicable law and good practices, with due respect for the personal rights and intellectual property rights of third parties;
2. provide data that is true and accurate;
3. refrain from submitting any unlawful content in the Online Store, in particular in the Contact Form or Order Form.

§ 10. Complaints regarding the provision of Electronic Services

Complaints related to the provision of Electronic Services via the Online Store may be submitted by the Customer via email to: biuro@krzysztofjanowski.pl or to the Service Provider’s address indicated in §1(9) of these Terms and Conditions.
The complaint submission should include as much information and detail regarding the subject of the complaint as possible, in particular the type and date of the irregularity, as well as contact details.
The Service Provider shall respond to the Customer’s request without undue delay, and no later than within 14 days from the date the complaint is submitted.
In the case of a complaint submitted by a Customer who is a Consumer or an entity referred to in §7(9) of these Terms and Conditions, failure to consider the complaint within 14 days of its submission shall be deemed as acceptance of the complaint.
The response to the complaint shall be provided via the communication channel indicated by the Customer in the complaint submission.

§ 11. Intellectual Property

All content published in the Online Store is protected by copyright law and is the property of the Service Provider.
Any use by anyone, without the Service Provider’s explicit written consent, of any elements comprising the content and materials of the Online Store constitutes an infringement of the Service Provider’s copyright and shall result in civil and criminal liability.

§ 12. Product Reviews

Within the Online Store, the Service Provider enables Customers to rate Products in either written (comment) or graphical form. The rating system is used to collect and display subjective evaluations of Products made by Customers, which may influence other Customers’ purchasing decisions.
Only a Customer who has purchased a given Product is entitled to submit a review.
The possibility of submitting a review is not time-limited.
It is not possible for a person who has not purchased the Product to submit a review.
After being submitted, the review is displayed in written or graphical form on the Online Store subpage where the rated Product is available, together with information about the author of the review and the date it was submitted.
Based on the total number of ratings for a given Product in the Online Store, an overall product rating may be displayed, representing the arithmetic mean of all ratings for that Product.
The rating submitted by the Customer should reflect their genuine opinion of the Product and must not contain:
1. unlawful, offensive, discriminatory, pornographic content, content inciting hatred, racism, xenophobia, etc., or vulgar language;
2. contact or access data;
3. advertising content or links to other websites;
4. malicious software;
5. automatically generated content, in particular content generated by bots or AI.
The sole responsibility for the content of a review lies with its author.
The Service Provider does not interfere with the content of reviews; however, it reserves the right to remove or block them if:
1. the content of the review violates the provisions of these Terms and Conditions or applicable law;
2. the review contains characters that make it unreadable or there is a suspicion that it may contain malicious software;
3. the content or nature of the review indicates that it was submitted by mistake or without familiarization with the Product.
By submitting a review in the Online Store, the author grants an irrevocable, unlimited in time consent for the publication of the review, in whole or in part, in the Online Store or on the Service Provider’s social media channels.

§ 13. Personal Data Protection (GDPR)

The controller of Customers’ personal data is GOOD WAY LIFE Spółka z ograniczoną odpowiedzialnością.
Personal data are processed for the purpose of performing the Sales Agreement, handling orders, payments, complaints, and contacting the Customer.
The processed data may include in particular: first and last name, email address, telephone number, delivery address, and payment-related data.
The legal basis for data processing is Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), in particular Article 6(1)(b), (c), and (f).
Personal data may be shared with payment service providers, sales system operators, and IT service providers, solely to the extent necessary to fulfil the order.
Detailed information regarding the processing of personal data is available in the Privacy Policy accessible on the Online Store’s website.

§ 14. Privacy Policy

Information regarding the processing of personal data and cookies is provided in the Privacy Policy available on the Online Store’s website. The Privacy Policy section forms an integral part of the Service and has been duly completed.

§ 15. Final Provisions

Agreements concluded via the Online Store are governed by Polish law.
In the event that any part of these Terms and Conditions is found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
Any disputes arising from Sales Agreements between the Service Provider and Consumers shall, in the first instance, be resolved through negotiations with the intention of reaching an amicable settlement, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible or is unsatisfactory for either party, the disputes shall be resolved by a competent court of general jurisdiction, in accordance with paragraph 4 of this section.
Judicial resolution of disputes:
1. any disputes arising between the Service Provider and the User (Customer) who is also a Consumer or an Entrepreneur referred to in §7(9) of these Terms and Conditions shall be submitted to courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure;
2. any disputes arising between the Service Provider and the User (Customer) who is neither a Consumer nor an Entrepreneur referred to in §7(9) of these Terms and Conditions shall be submitted to the court having jurisdiction over the registered office of the Service Provider.
A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting—after completion of the complaint procedure—an application to initiate mediation or an application for the case to be considered by an arbitration court (the application form can be downloaded from: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodeship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance provided by a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after completion of the complaint procedure is free of charge.
For the amicable resolution of a dispute, the Consumer may in particular submit a complaint via the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.

Appendix

WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

Adresat: GOOD WAY LIFE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ul. Aleksandra Fleminga 33B/1 Warszawa 03176 Warszawa , contact@krzysztofjanowski.com

I/We() hereby inform you of my/our() withdrawal from the contract of sale for the following goods() / contract for the supply of the following goods() / contract for work consisting in the performance of the following goods() / provision of the following service(): “

Date of conclusion of the contract()/receipt()

Name and surname of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if this form is submitted on paper)

Date

(*) Delete where inapplicable.