Website and store regulations
REGULATIONS FOR THE ONLINE STORE AND THE PROVISION OF OTHER SERVICES ELECTRONICALLY (“STATUTE”) valid from: May 25, 2024
These regulations define the rules for using the online store and providing other services electronically. The online store and other electronic services are provided by Klaudia Zubik Inc.
DEFINITIONS
The terms used in these Regulations have the following meanings:
- Klaudia Zubik Inc – providing Services available via the Website to the extent and under the terms described in these Regulations;
- Website – a website administered by Klaudia Zubik Inc, available under the domain klaudiazubik.com and its subdomains, through which Klaudia Zubik Inc provides electronic and digital services;
- Privacy Policy – a document describing the processing of personal data by Klaudia Zubik Inc as the administrator, available at: https://klaudiazubik.com/en/privacy-policy/;
- Customer – a natural person with full legal capacity, a legal person or an entity without legal personality but with legal capacity, using the Services provided by Klaudia Zubik Inc electronically on the terms described in these Regulations;
- Store – online store run by Klaudia Zubik Inc at: https://klaudiazubik.com/en/shop;
- Account – an individual Customer account in the Store created by completing and sending the Registration Form to Klaudia Zubik Inc, enabling the placing of Orders, editing personal data, viewing the history of Orders placed by the Customer and access to Digital Content;
- Registration Form – a form available in the Store, enabling the creation of an Account;
- Login – entering an individual identifier (login) and password allowing access to the content of the Account;
- Order Form – a form available in the Store both via the Account and outside it (without Login) enabling placing an Order, in particular by adding Products to the Cart;
- Basket – an element of the Store in which the Products selected by the Customer are visible, and it is also possible to determine and modify the Order data;
- Order – the Customer’s declaration of will submitted via the Order Form, aimed directly at concluding a sales contract or a service provision contract.
- Product – goods, Digital Content, services and Digital Services available in the Store, purchased or reserved by the Customer.
- Digital Content – products available in the Store’s current offer in electronic formats, not delivered on a tangible medium, including in particular e-Books (works saved in digital format, available for download by the Customer) and webinars (content recorded in the form of a video or audio recording for downloaded by the Customer or made available in the form of a link to a website sent to the Customer via e-mail);
- Digital Service – service within the meaning of Art. 2 points 5a of the Consumer Rights Act,
Contact Form – a service enabling the Customer to send a message to Klaudia Zubik Inc via the dialog box available on the Website at: https://klaudiazubik.com/en/contact; - Messenger – a service enabling the Customer to send messages to Klaudia Zubik Inc via the messenger available on the Website;
- Comment – a service enabling the Customer to leave an opinion about the Product in the Store on the terms set out in these Regulations;
- Consumer – consumer within the meaning of Art. 22(1) of the Civil Code, i.e. a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity; as well as an entrepreneur with consumer rights, i.e. a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity,
- Ranking – criteria for presenting Products to the Customer in the Store, i.e. granting specific visibility to Products in the form in which this ranking was presented, organized or transmitted by Klaudia Zubik Inc, regardless of the technological means used for such presentation, organization or transmission.
- Service/Services – provided by Klaudia Zubik Inc electronically via the Website or a single type of such service covered by a given point of the Regulations.
GENERAL PROVISIONS
These Regulations specify the type and scope of services provided electronically by Klaudia Zubik Inc via the Website (Services), the conditions for the provision of these Services, the conditions for concluding and terminating contracts for the provision of services and the complaint procedure, and thus constitute the document referred to in art. 8 section 1 point 1 of the Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 344).
Klaudia Zubik Inc provides the following Services electronically via the Website:
- reading the content published on the Website;
- setting up and maintaining an Account;
- managing the Basket;
- placing Orders in the Store;
- enabling the use of the Messenger;
- providing the Contact Form;
- enabling the publication of Comments.
Klaudia Zubik Inc can be contacted:
- in writing by telephone: +19735104453 during the following hours, US time: 8 a.m. – 3 p.m.
- in writing to: 1062 S Military Trail #102, Deerfield Beach, 33442, Florida, US;
- via e-mail at the following address: kontakt@klaudiazubik.com;
- via Messenger (profile Klaudia Zubik Inc).
- via WhatsApp (+19735104453).
- via direct messages on Instagram (klaudiazubik profile).
These Regulations are available free of charge via the Website, which enables obtaining, reproducing and recording the content of the Regulations using the IT system used by the Customer.
- The Regulations constitute a template for a distance contract. The content of the Regulations in the case of using the Services indicated in the Regulations constitutes the content of the contract concluded between the parties for the provision of electronic services.
- When using Services provided electronically, the Customer is prohibited from providing illegal content.
- Before using the Services, the Customer is obliged to read the Regulations and accept its provisions by clicking the appropriate window (checkbox).
COMPATIBILITY AND TECHNICAL REQUIREMENTS
- Access to and use of the Website constitutes a digital service offered to customers free of charge or, where login is required, for digital data. To use the Services it is necessary:
- the Customer has a device with Internet access (computer, tablet, telephone) and the current version of a web browser that supports cookies – e.g. Microsoft Edge, Opera, Mozilla Firefox, Google Chrome, Safari,
- active e-mail account,
- cookie support enabled.
- The costs of ensuring the above compatibility and technical conditions necessary to use the Services are borne by the Customer.
- Additionally, for the safety of using the Services, it is recommended that the Customer’s device additionally has:
- current antivirus system,
- effective security firewall,
- installed available updates of the operating system and web browser that concern security,
- activated cookie and JavaScript acceptance function in the web browser.
- In order to properly use the Digital Content in the form of e-books, the Customer’s device must also have software enabling – depending on the specific nature of the Digital Content – reading files in the .PDF, .EPUB, .MOBI, .docs, .xls formats.
- Klaudia Zubik Inc is not responsible for the Customer’s failure to meet the above-mentioned technical requirements necessary to use individual Services.
- Klaudia Zubik Inc, to the fullest extent permitted by law, is not liable for any disruptions, including interruptions in the functioning of the Services, caused by force majeure, unauthorized action of third parties or incompatibility of the Services with the Customer’s technical infrastructure.
- Klaudia Zubik Inc makes every effort to ensure that the Services provided are at the highest level, however, it does not exclude the possibility of temporarily suspending the availability of the Services in the event of the need to carry out maintenance, inspection or in connection with the need to modernize or expand the Website.
- Klaudia Zubik Inc will make every effort to ensure that scheduled technical breaks related to the maintenance of software, telecommunications equipment and servers used by Klaudia Zubik Inc for the Website are, if possible, scheduled at night. Klaudia Zubik Inc will inform customers in advance about the date and expected duration of the break, if technically possible.
CONTENT PUBLISHED ON THE WEBSITE
- As part of the Service in question, the Customer may read all content published by Klaudia Zubik Inc on the Website free of charge.
- The contract for the provision of this Service is concluded for the period of actual use of the Website, each time the Customer enters the Website.
- The contract for the provision of this Service is terminated when the Customer leaves the Website, which does not require any additional declarations from either Klaudia Zubik Inc or the Customer.
- Any Customer can use the Service, without the need to create an Account and Login.
MANAGING THE BASKET
- This service allows the Customer to keep the Products that interest him or her in the Basket free of charge.
- The contract for the provision of this Service is concluded when the Customer adds the Products to the Cart, and is terminated when the Customer removes the Products from the Cart.
- Termination of the Agreement does not require any additional declarations from either Klaudia Zubik Inc or the Customer.
- Any Customer can use the Service without the need to create an Account and Login.
CREATE AND MAINTAINING AN ACCOUNT
- This service includes the possibility for the Customer to create an Account and use its functionalities free of charge. Through the Account, the Customer may independently correct his/her personal data indicated in the Registration Form or later when using the Account, place Orders, and also has access to the history of his/her Orders.
- The contract for the provision of this service is concluded upon creation of the Account by providing the required personal data in the Registration Form, i.e.: login and password, acceptance of the required declarations and confirmation by the Customer of the creation of the Account. After the Customer completes and confirms the correctness of personal data in the Registration Form, Klaudia Zubik Inc will send an e-mail to the e-mail address provided therein, containing a request for the Customer to confirm the creation of the Account.
- An account can only be assigned to one Customer. The Customer may only have one Account.
- Logging in to the Account is possible after the Customer provides an individual identifier (login) and password. In the event of loss or forgetting the password, the Customer has the option of using the password reminder option. The password can also be changed by the Customer himself via the Account, after logging in.
- The Customer may not share his login and password to the Account with other people.
- The Account maintenance agreement is concluded for an indefinite period. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to Klaudia Zubik Inc via one of the communication channels indicated in point.
- The account will be deleted by Klaudia Zubik Inc immediately, no later than within 14 days of the Customer’s request.
MAKEING ORDERS IN THE STORE AND SHIPPING ORDERS
- The prices given in the Store are expressed in Polish zlotys (PLN) and are gross prices.
- If the Customer is informed about a reduction in the price of a Product, in the price sections of the Store’s interfaces, on the Product cards, the lowest price of this Product is also visible, valid in the period of 30 days before the introduction of the reduction or – if the Product is offered for sale in a period shorter than 30 days – the lowest price of this Product valid in the period from the date of commencement of offering this Product until the date of introduction of the discount.
- Klaudia Zubik Inc issues VAT invoices.
- Klaudia Zubik Inc undertakes to deliver Products in accordance with the contract within the meaning of Art. 43b of the Act on Consumer Rights, i.e. those whose description, type, quantity, quality, completeness, functionality, compatibility, interoperability and timeliness correspond to the description on the Product card in the Store, are suitable for the purposes for which goods of this type are usually used, taking into account applicable legal provisions, technical standards or good practices and are present in such quantity and have such characteristics, including durability and safety, as are typical for goods of this type and that the Customer can reasonably expect, taking into account the nature of the goods.
- The Customer is obliged to use the Products offered by Klaudia Zubik Inc in a manner consistent with the regulations in force in the territory of the Republic of Poland and in accordance with the provisions of the Regulations.
- Browsing Products available in the Store does not require creating an Account.
- Placing an Order in the Store is possible both after creating an Account and without creating an Account, after providing the necessary identification, contact and address details enabling the execution of the Order.
- When using the Store via the Account, in particular when placing an Order, the Customer may be asked to provide additional data not included in the Registration Form, necessary to complete the Order or to issue a VAT invoice.
- Once the Customer confirms the creation of the Account, he or she acquires the right to use the functionalities of the Store provided by Klaudia Zubik Inc, in particular to purchase Products currently available in the Store. At the same moment, an agreement for the use of the Store is concluded between Klaudia Zubik Inc and the Customer.
- To place an Order you must:
- log in to the Store (optional);
- select the Product that is the subject of the Order and then click the “Add to cart” button (or equivalent);
- log in or use the option to place an Order without registration;
complete the Order Form, - click the “Order and pay” or “Order with payment obligation” button/click the “Order and pay” or “Order with payment obligation” button and confirm the order by clicking the link sent in the e-mail,
- select one of the available payment methods and, depending on the payment method, pay for the order within a specified period.
- Klaudia Zubik Inc provides the Customer with the following payment methods in the Store:
- electronic payments via Stripe;
- payment card, i.e. Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro;
- Bank transfer.
In the event of withdrawal from the contract, the refund is made using the same channel through which the payment was made, unless the Customer has agreed to a different form of refund, which does not involve any additional costs for him.
If the Customer has expressed a desire to receive a VAT invoice, it is delivered electronically along with confirmation of the Order, to the e-mail address provided by the Customer when placing the Order.If the Customer has requested the issuance of an invoice, an invoice or an invoice without VAT, it will be delivered to the Customer electronically, to the e-mail address provided in the order or attached to the shipment. The customer may request to receive an invoice or bill immediately when ordering or within three months following the month in which he or she made the purchase.
The Digital Content will be delivered immediately, regardless of the deadline for completing the remaining part of the Order requiring delivery to the indicated address.
RIGHT TO WITHDRAW FROM THE CONTRACT
- A customer who is a consumer within the meaning of Art. 221 of the Civil Code (a natural person concluding a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity) or a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for him, resulting from in particular regarding the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Business Activity, has the right to withdraw from the sales contract or service reservation contract within 14 days, without giving any reason.
- The period specified in section 1 begins with the delivery of the Product to the Consumer or payment for the service reservation.
- To meet the deadline for withdrawal from the contract, it is sufficient to send a declaration of withdrawal to Klaudia Zubik Inc, before its expiry, to the e-mail address: kontakt@klaudiazubik.com.
- If the Consumer sends a declaration of withdrawal from the contract by traditional means (mail, courier), the date of sending the correspondence is counted to meet the 14-day withdrawal period.
- The Customer may use the sample withdrawal form attached to these Regulations, but this is not obligatory.
- In the event of withdrawal from the contract, the contract is deemed not to have been concluded.
- The right to withdraw from a distance contract is not available to the Consumer in relation to the contract:
for the provision of services for which the Consumer is obliged to pay the price, if Klaudia Zubik Inc has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract, and has accepted this for the attention of;,
for the delivery of Digital Content, for which the Consumer is obliged to pay the price, if Klaudia Zubik Inc commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the provision of the provision by the entrepreneur, he would lose the right to withdraw from the contract, and accepted this for information, and the entrepreneur has provided the consumer with confirmation of receiving consent to provide digital content in circumstances resulting in the loss of the right to withdraw from the contract.
CONTACT FORM
- This service is available to every Customer without the need to have an Account.
- In order to use the Service, the Customer should provide correct, current and marked by Klaudia Zubik Inc as required personal data via a dedicated dialog box (form) located at: https://klaudiazubik.com/en/contact.
- The service is free of charge, and the contract for the provision of this Service is concluded each time the Customer sends a message to Klaudia Zubik Inc via a dedicated form.
- The contract for the provision of the Service is terminated upon its execution (sending the message) and does not require additional declarations from either Klaudia Zubik Inc or the Customer.
COMPLAINTS
- The Customer has the right to submit a complaint regarding the Product.
- The customer may submit a complaint to Klaudia Zubik Inc using the following communication channels:
by e-mail – to the following address: kontakt@klaudiazubik.com;
in writing – to the following address: 1062 S Military Trail #102, Deerfield Beach, 33442, Florida, US.
- The complaint should include at least the name, surname and e-mail address of the Customer or correspondence address to which Klaudia Zubik Inc. is to respond to the complaint, company name in the case of a Customer who is an entrepreneur, order number, description of the Product and a description of the objections raised along with the Customer’s request related to with a complaint.
- Klaudia Zubik Inc reserves the right to leave without consideration complaints that do not meet the conditions specified in section. 3, in particular when the information provided does not allow the Customer to be identified or contacted to clarify the complaint.
- Klaudia Zubik Inc considers submitted complaints within 14 days from the date of receipt of all information necessary to consider them.
DISPUTE SETTELEMENT
In the event of disputes involving the Consumer, it is possible to use out-of-court methods of dealing with complaints, pursuing claims and resolving disputes, i.e.:
1.1. In order to resolve the dispute amicably, the consumer may, for example, submit a complaint via the ODR online platform (European platform for online dispute resolution);
1.2. The consumer has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court.
PROCESSING OF PERSONAL DATA
The administrator of Customers’ personal data is Klaudia Zubik Inc.
Detailed information regarding the processing of Customers’ personal data can be found in the Privacy Policy.
In connection with the use of online payments via Stripe, in connection with payment processing, this entity becomes a separate administrator of the Customer’s personal data.
COPYRIGHT
- Digital Content are works within the meaning of the Act of February 4, 1994 on copyright and related rights and are subject to protection provided for in this legal act.
- The copyright to the Digital Content belongs to Klaudia Zubik Inc, and the moral rights to the authors.
- Exclusive rights to the content made available within the Store, in particular copyrights to photos, names, trademarks of the Store and its Products, including graphic elements, software and database rights are subject to legal protection and are vested in Klaudia Zubik Inc or third parties with whom Klaudia Zubik Inc has concluded appropriate agreements.
- It is prohibited to copy or otherwise use any elements of the Store without the consent of Klaudia Zubik Inc.
- The Customer may use the purchased Digital Content only for its own needs.
- In particular, the Customer is not allowed to:
- remove security measures and markings applied to Digital Content.
- reproduce Digital Content or distribute it, both in printed and electronic form.
- share Digital Content with others, whether in printed or electronic form.
- rent and lend Digital Content, both in printed and electronic form.
- interfere with the content and content of the Digital Content.
FINAL PROVISIONS
- Klaudia Zubik Inc reserves the right to make changes to the Regulations for important reasons, in particular changes in legal provisions, changes in payment methods – to the extent that these changes affect the implementation of the provisions of these Regulations. Klaudia Zubik Inc will inform the Customer about any change at least 7 days in advance.
- In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
Appendix 1
INFORMATION REGARDING THE EXERCISE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT
You have the right to withdraw from the contract within 14 days without giving any reason. The deadline for withdrawal from the contract expires after 14 days from the date of conclusion of the contract. To exercise the right to withdraw from the contract, you must inform Klaudia Zubik Inc, e-mail: kontakt@klaudiazubik.com, about your decision to withdraw from the contract by means of an unambiguous statement (for example a letter sent by traditional mail or e-mail).
You may use the sample withdrawal form provided below, but this is not obligatory. In order to meet the deadline for withdrawal from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires. In the event of withdrawal from the contract, all payments received from you, if any, will be refunded to you immediately and in any case no later than 14 days from the date of receipt of information about your decision to exercise the right to withdraw from this contract. Payments, if any, will be refunded using the same payment methods you used in the original transaction, unless you have expressly agreed to a different solution. You will not incur any fees in connection with this return.
Sample withdrawal form:
Addressee: Klaudia Zubik Inc
1062 S Military Trail #102, Deerfield Beach, 33442, Florida, US
kontakt@klaudiazubik.com
I [NAME AND SURNAME], on my own behalf/on behalf of the company [company name], inform about withdrawal from the contract [please describe the subject of the contract]. The date of conclusion of the contract is [date of conclusion of the contract]. [NAME AND SURNAME] [ADDRESS] [DATE] [SIGNATURE] (only if the form is sent in paper version)