For the purposes of these Regulations, the following terms are used:
Buyer – a natural person with full legal capacity, a legal person or a defective legal person,
Consumer – a natural person concluding a contract with the Seller not related directly to its business or professional activity,
Regulations – these regulations, available at https://hoshinkanriebook.com/regulamin/
Store – an online store operating at https://hoshinkanriebook.com,
Seller – Mylean Marcin Hołda, Wysoka ul. Konna 5B / 4, 52-200 Wrocław, VAT number 8862437182
- Through the Store, the Seller provides the Buyer with the opportunity to conclude a contract for the supply of digital content in the form of electronic products described on the Store’s websites.
- The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Buyers.
- To use the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. The following are sufficient:
A. Internet access ,
B. standard operating system,
C. standard web browser,
D. having an active e-mail address.
- The buyer cannot make a purchase in the store anonymously or under a pseudonym.
- It is forbidden to provide illegal content while using the Store, in particular by sending such content via the forms available in the Store.
- All product prices listed on the Store’s website are gross prices for individuals and net prices form companies (legal entities).
Services provided electronically
- Through the Store, the Seller provides the Buyer with electronic services.
- The basic service provided electronically to the Buyer by the Seller is enabling 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 the need to have an account in the Store.
- 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 the password he has defined.
- Creating an account in the Store is done by completing and sending, using the Store’s automatic mechanism, the registration form. The Buyer may delete the account at any time by sending an appropriate request to the Seller. Deleting an account will not delete data about orders placed using the account.
- If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting in sending the Buyer e-mail messages containing information about new products, promotions, products or services of the Seller. Subscribing to the newsletter is done by completing and sending the subscription form for the newsletter or by selecting the appropriate checkbox in the ordering process. The buyer may at any time unsubscribe from the newsletter by clicking the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.
- The services are provided electronically to the Buyer free of charge. On the other hand, sales contracts and contracts for the supply of digital content concluded via the Store are payable.
- In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take 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.
- The Seller takes steps to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
- Any complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the e-mail address email@example.com. In the complaint, the Buyer should provide the name and surname, correspondence address, as well as the type and date of irregularities related to the functioning of the Store. The seller will consider all complaints within 14 days of receiving the complaint and will inform the customer about its resolution to the e-mail address of the person submitting the complaint.
- The buyer can place an order as a registered customer or as a guest.
- The registered customer is the Buyer who has an account in the Store. The buyer can create an account from the store.
- Placing an order is done by filling in the order form after adding the products of interest to the Buyer to the basket. It is necessary to provide the data necessary to complete the order in the form. At the stage of placing the order, the method of delivery of the ordered products is also selected and the method of payment for the order is selected. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read in advance. In case of any doubts regarding the regulations, the Buyer may contact the Seller.
- After clicking the button finalizing the order, the Buyer will be redirected to the payment gateway, according to the selected payment method. After successful payment, the Buyer will be redirected to the Store’s website with the order confirmation. At that moment, the contract is considered concluded between the Buyer and the Seller. Confirmation of the conclusion of the contract will be sent to the Buyer to the e-mail address provided in the order form.
- An agreement for the supply of digital content is concluded between the Buyer and the Seller.
- If the subject of the contract are products of different types at the same time, placing the order leads to the conclusion of several contracts of a specific type corresponding to the subject of the contract.
- The Buyer must provide true personal data in the order form. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order if the Buyer has provided false data or if these data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed via e-mail about the Seller’s doubts. In this situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer has made contact.
- The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such authorization in accordance with paragraph 7 above.
Delivery and payment
- The available payment methods for the order are described on the Store’s website and are presented to the Buyer at the ordering stage.
- Payment in the PayPal system is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered with R.C.S.Luxembourg under number B 118 349), with its official seat in Luxembourg, L-2449.
- Electronic payments PaymentTransfers24 (Przelewy24) are handled by the following payment operator: PayPro SA – based in Poland, Poznań at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP (VAT) number 7792369887, with share capital of PLN 4,500,000.00 , fully paid-up, entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the entity number in UKNF IP24 / 2014, as a national payment institution.
- PayU electronic payments are handled by the following payment operator: PayU S.A. with headquarters in Poland, Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, entered into the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000274399, with the tax identification number NIP 779-23-08-495, with share capital in the amount of PLN 4,944,000, fully paid; national payment institution supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under the number IP1 / 2012.
- When paying by credit cards, the following types of cards are available: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
- An order for an electronic product such as an e-book, audiobook, webinar, etc. is processed by sending a message to the e-mail address provided by the Buyer in the order form containing instructions on how to download or access the purchased electronic product.
- Upon dispatch of the message referred to in para. 1 above, the digital content covered by the subject of the order shall be deemed to have been delivered in full to the Buyer.
Intellectual Property Rights
- The Seller hereby instructs the Buyer that the content contained in the Store and electronic products are protected by copyright, and the Seller is entitled to copyrights.
- Unlawful distribution of the content or materials referred to in paragraph 1 above, I may result in civil or criminal liability.
Withdrawal from the Consumer’s contract
- 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 the contract (in the case of a contract for the supply of digital content).
- Starting from 01/01/2021, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on consumer rights also applies to a natural person concluding a contract with the Seller directly related to its business activity, if the content of this contract shows that no it has a professional character for that 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 under this paragraph, the rights of the Consumer are mentioned, starting from 01/01/2021, these rights also apply to a person who meets the above criteria.
- The right to withdraw from the contract does not apply to contracts for the supply of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw. from the contract.
- Based on Article. 38 point 12 of the Act on consumer rights, the Ordering Party is not entitled to withdraw from the contract for the purchase of a ticket for the event (the right to withdraw from the contract concluded outside the business premises or at a distance is not available to the consumer in relation to contracts for the provision of services related to cultural events, if the contract indicates the day or period of service provision).
- Tickets are refundable only if the event is canceled by the organizer.
- Named tickets cannot be resold or rewritten to other data.
- The moment of commencement of the service is the delivery to the Buyer of an e-mail with instructions on how to access digital content.
- 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 or e-mail.
- The consumer may use the model withdrawal form available at https://hoshinkanriebook.com/wp-content/uploads/2021/08/return_form.pdf, but it is not obligatory.
- In order to meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of the consumer’s right to withdraw from the contract before the deadline to withdraw from the contract.
- The consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the goods himself. To meet the deadline, it is enough to return the product before its expiry date.
- The consumer bears the direct cost of returning the item.
- In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of the products available in the Store (if the cost was covered by the Consumer), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the performance the right to withdraw from the contract. The reimbursement will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution. In any case, the Consumer will not incur any fees related to the form of payment refund.
- If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or until the Consumer provides proof of its return, depending on which event occurs first.
- The consumer is responsible for the decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
Liability for defects
- The Seller is obliged to provide the Buyer with the product and digital content free from defects.
- The Seller is liable to the Buyer if the sold product, digital content, has a physical or legal defect (warranty for defects).
- If the Buyer finds a defect in the product or digital content, he should inform the Seller about it, at the same time specifying his claim related to the defect found or by submitting a declaration of appropriate content.
- The buyer may use the complaint form available at https://hoshinkanriebook.com/wp-content/uploads/2021/08/return_form.pdf, but it is not obligatory.
- The Buyer may contact the Seller both by traditional mail and by e-mail.
- The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by the means of communication with which the complaint was submitted. Starting from 01/01/2021, the provisions on 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 its business activity, when the content of this contract shows that it does not have persons 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.
Personal data and cookies
- The Seller is the administrator of the Buyer’s personal data.
- The Buyer’s personal data is processed for the purpose of handling orders, user accounts and possible defense, investigation or determination of claims related to contracts concluded via the Store.
Out-of-court ways of dealing with complaints and redress
- The Seller agrees to submit any disputes arising in connection with the concluded contracts through mediation proceedings. Details will be determined by the parties to the conflict.
- The consumer has the option of using extrajudicial means of dealing with complaints and redress. Among other things, the consumer has the option to:
A. to apply to a permanent amicable consumer court with a request to settle the dispute arising from the concluded contract,
B. apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Buyer and the Seller,
C. use the help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- The Consumer may search for more detailed information on out-of-court complaint and redress procedures on the website http://polubowne.uokik.gov.pl.
- 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 contract for the provision of services.
- The Seller reserves the right to introduce and cancel offers, promotions and to change prices in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
- Any disputes related to contracts concluded via the Store will be considered by the Polish common court competent for the permanent place of business by the Seller. This provision does not apply to Consumers for whom the jurisdiction and jurisdiction of the court are considered on general terms. Starting from 01/01/2021, this provision 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 does not have a professional nature for that person, resulting in particular from the subject of the by her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.
- The Seller reserves the right to make changes to the Regulations. Agreements concluded before the amendment to the Regulations shall be governed by the Regulations in force on the date of conclusion of the agreement.
- These Regulations are valid from 01/05/2021.