TERMS AND CONDITIONS OF THE ONLINE STORE

SELLMASTERY.COM

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES
  6. METHOD AND TIME OF SERVICE EXECUTION
  7. COMPLAINT HANDLING PROCEDURE
  8. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
  9. STATUTORY RIGHT OF WITHDRAWAL FROM THE AGREEMENT
  10. CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE AGREEMENT
  11. PROVISIONS CONCERNING ENTREPRENEURS
  12. PRODUCT REVIEWS
  13. ILLEGAL CONTENT AND OTHER CONTENT CONTRARY TO THE TERMS AND CONDITIONS
  14. FINAL PROVISIONS
  15. MODEL WITHDRAWAL FORM

The Online Store www.sellmastery.com takes care of consumer rights. The consumer cannot waive the rights granted to them under the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them by mandatory legal provisions, and any ambiguities should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and should be applied.

GENERAL PROVISIONS

  1. The Online Store available at www.sellmastery.com is run by the sole proprietorship Bożena Smolarek Consultorium Psychologicum, based in Warsaw (address: Ślimaka 48, apt. 2, 04-862 Warsaw), entered into the CEIDG register under NIP: 9521416736; REGON: 527937925, email address: contact@sellmastery.com, phone number: +48 504964666.
  2. These Terms and Conditions are directed both to consumers and entrepreneurs using the Online Store unless a specific provision of the Terms and Conditions states otherwise.
  3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, duration, and based on the grounds and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and duration of personal data processing and the rights of persons whose data is concerned, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the user or Customer using the Online Store is voluntary, subject to exceptions specified in the privacy policy (conclusion of the agreement and statutory obligations of the Seller).

Definitions:

  • DIGITAL SERVICES ACT, ACT – Regulation of the European Parliament and Council (EU) 2022/2065 of October 19, 2022, on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (Official Journal L 277 of 27.10.2022, p. 1–102).
  • BUSINESS DAY – one day from Monday to Friday excluding public holidays.
  • ORDER FORM – an Electronic Service, an interactive form available in the Online Store allowing the placement of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of payment.
  • CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by commonly applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
  • CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
  • NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all users using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, new products, and promotions in the Online Store.
  • ILLEGAL CONTENT – information that in itself or through reference to an action, including the sale of Products or the provision of Electronic Services, is not in compliance with EU law or the law of any Member State that is consistent with EU law, regardless of the specific subject or nature of that law.
  • REVIEWS – an Electronic Service enabling the addition by Service Users of reviews and comments about Products and concluded Sales Agreements.
  • COPYRIGHT LAW – the Act of February 4, 1994, on copyright and related rights (Journal of Laws No. 24, item 83 as amended).
  • PRODUCT – digital content or service (including a digital or non-digital service) available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
  • TERMS AND CONDITIONS – these terms and conditions of the Online Store.
  • ONLINE STORE – the Service Provider’s online store available at www.sellmastery.com.
  • SELLER, SERVICE PROVIDER – the sole proprietorship Bożena Smolarek Consultorium Psychologicum, based in Warsaw (address: Ślimaka 48, apt. 2, 04-862 Warsaw), entered into the CEIDG register under NIP: 9521416736; REGON: 527937925, email address: contact@sellmastery.com, phone number: +48 504964666.
  • SALES AGREEMENT – an agreement (1) for the supply of a Product (in the case of a digital content Product or digital service) or (2) for the provision or use of a Product (in the case of a non-digital service Product), concluded or to be concluded between the Customer and the Seller via the Online Store.
  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store and not being a Product.
  • SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by commonly applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
  • CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827 as amended).
  • ORDER – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.

ELECTRONIC SERVICES IN THE ONLINE STORE

  1. The Online Store provides the following Electronic Services: Order Form, Newsletter, Blog, and Reviews.
  2. Order Form – using the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) fills in the Order Form and (2) clicks the “Order and Pay” field on the Online Store’s website after filling in the Order Form. Until this point, the Customer can modify the entered data (following the displayed messages and information available on the Online Store’s website). The Order Form requires the Customer to provide the following data: name and surname, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product(s), quantity of Product(s), method of payment. For non-consumer Customers, it is also necessary to provide the company name and NIP number.
  3. The Electronic Service Order Form is provided free of charge and is one-time, ending when the Order is placed through it or when the Service User stops placing the Order through it earlier.
  4. Newsletter – using the Newsletter is possible after the Service User provides their email address when signing up for a free webinar provided by the Service Provider on the Online Store’s website or when placing an Order via the Order Form.
  5. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service User can unsubscribe from the Newsletter at any time and without giving any reason by sending a request to the Service Provider, particularly via email to contact@sellmastery.com or in writing to Ślimaka 48, apt. 2, 04-862 Warsaw.
  6. Reviews – adding a review is possible after using the appropriate form available in the “Reviews” section visible on the Product’s page to which the review refers. When adding a review, the Service User can also select a graphic rating of the Product on a five-point scale. The Service User, while using the Electronic Service Reviews, must provide only reliable and true information. The Service User is prohibited from posting false or fictitious reviews, offensive comments, and reviews not consistent with the facts. To add a review, the Service User must provide the following data in the appropriate form: review content and graphic rating, name (pseudonym), and email address. The review submitted by the Service User on the Online Store’s website requires prior approval by the Service Provider in accordance with the rules set out in point 11 of the Terms and Conditions.
  7. The Electronic Service Reviews is provided free of charge and is one-time, ending when the review is added through it or when the Service User stops using the Electronic Service earlier.
  8. The Service Provider complies with Article 14(1) of the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 200)
  9. OUT-OF-COURT METHODS OF COMPLAINT AND CLAIM RESOLUTION AND RULES FOR ACCESS TO THESE PROCEDURES Methods of dispute resolution without court involvement include, among others: (1) enabling the parties to bring their positions closer, e.g., through mediation; (2) proposing a dispute resolution, e.g., through conciliation; and (3) resolving the dispute and imposing its resolution on the parties, e.g., through arbitration (arbitral tribunal). Detailed information on the possibility for a consumer customer to use out-of-court methods of complaint and claim resolution, the rules for access to these procedures, and a friendly search engine for entities dealing with out-of-court dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
  10. The President of the Office of Competition and Consumer Protection has a contact point whose task is, among others, to provide consumers with information on out-of-court consumer dispute resolution. A consumer can contact the point: (1) by phone – calling 22 55 60 332 or 22 55 60 333; (2) by email – sending a message to kontakt.adr@uokik.gov.pl; or (3) in writing or in person at the Central Office at plac Powstańców Warszawy 1 in Warsaw (00-030).
  11. Consumers have the following exemplary possibilities to use out-of-court methods of complaint and claim resolution: (1) an application to resolve the dispute to the permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Inspection; or (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumers’ Federation, Polish Consumer Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and through the consumer helpline at 801 440 220 (helpline available on Working Days, from 8:00 am to 6:00 pm, connection fee according to the operator’s tariff).
  12. At http://ec.europa.eu/odr, an online platform for resolving disputes between consumers and traders at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a single point of access for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the platform itself or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
  13. STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT According to the Consumer Rights Act, a consumer who has entered into a distance contract may withdraw from it without giving any reason and without incurring costs within 14 calendar days, except in the cases described in clause 9.5 and the costs specified in clause 9.6 of the Terms and Conditions. It is sufficient to send the statement before the deadline. The withdrawal statement can be submitted, for example:
  14. in writing to the address: Ślimaka 48 lok.2, 04-862 Warsaw;
  15. electronically via email to: contact@sellmastery.com.
  16. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and additionally available in clause 15 of the Terms and Conditions. The consumer may use the withdrawal form, but it is not mandatory.
  17. The period for withdrawal from the contract, the subject of which is the delivery of the Product – digital content or digital service, begins from the day of concluding the contract.
  18. In the event of withdrawal from a distance contract, the contract is considered not concluded.
  19. The right to withdraw from a distance contract does not apply to the consumer in relation to the following contracts: (1) contracts for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price if the trader has begun performance with the consumer’s prior express consent, who has been informed before the start of performance that they will lose the right to withdraw from the contract once the trader has fully performed it, and the trader has provided confirmation of this in accordance with Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (2) for the provision of services for which the consumer is obliged to pay the price if the trader has fully performed the service with the consumer’s prior express consent, who has been informed before the start of performance that they will lose the right to withdraw from the contract once the trader has fully performed it, and acknowledged this.
  20. Possible effects and costs of exercising the right to withdraw from a contract for the supply of a Product – digital content or digital service: In the event of withdrawal from a contract for the supply of a Product – digital content or digital service – the trader, from the date of receipt of the consumer’s statement of withdrawal from the contract, may not use content other than personal data provided or created by the consumer while using the Product supplied by the trader, except for content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) concerns solely the consumer’s activity while using the digital content or digital service supplied by the trader; (3) has been combined by the trader with other data and cannot be separated or can only be separated with disproportionate effort; (4) has been created by the consumer together with other consumers who can still use it. Except in the cases mentioned above in points (1)–(3), the trader, at the consumer’s request, makes available to the consumer non-personal data provided or created by the consumer while using the digital content or digital service supplied by the trader. In the event of withdrawal from the contract, the trader may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which does not affect the consumer’s rights mentioned in the previous sentence. The consumer has the right to recover digital content from the trader free of charge, without obstacles from the trader, within a reasonable time and in a commonly used machine-readable format.
  21. In the event of withdrawal from a contract for the supply of a Product – digital content or digital service, the consumer is obliged to cease using the digital content or digital service and making it available to third parties.
  22. In the event of withdrawal from a contract that includes a service that has begun to be performed – at the express request of the consumer – before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services performed up to the moment of withdrawal from the contract. The payment amount is calculated proportionally to the extent of the performed service, considering the agreed price or remuneration in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performed service.
  23. The provisions contained in this clause 9 of the Terms and Conditions regarding the consumer apply from January 1, 2021, and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available based on the provisions on the Central Register and Information on Business Activity.
  24. CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT Regardless of the statutory right of withdrawal without giving any reason, referred to in clause 9 of the Terms and Conditions and the right to file a complaint, referred to in clause 7 of the Terms and Conditions, every Customer who has concluded a Sales Contract for a Product may use the contractual right of withdrawal under the terms specified in this clause of the Terms and Conditions.
  25. The contractual right of withdrawal also applies in cases where the statutory right of withdrawal is excluded according to clause 9 of the Terms and Conditions.
  26. The Customer may use the contractual right of withdrawal from the Sales Contract within 7 calendar days from the date of concluding the Sales Contract. It is sufficient to send the withdrawal statement to the Seller electronically via email to: contact@sellmastery.com.
  27. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receipt of the Customer’s withdrawal statement, refund all payments made by the Customer. The Seller refunds the payment using the same payment method that the Customer used unless the Customer expressly agrees to a different refund method that does not involve any costs for them. In the case of a payment made by credit card, the refund will be made to the bank account assigned to the credit card used for payment.
  28. In matters not regulated in this clause, the provisions of clause 9 of the Terms and Conditions regarding the statutory right of withdrawal from the contract apply accordingly, especially concerning the effects of withdrawal from the contract regarding digital content and services.

PROVISIONS REGARDING ENTREPRENEURS

This section 11 of the Terms and Conditions and all its provisions are directed exclusively at and therefore binding only for Customers or Service Recipients who are not consumers. Furthermore, as of January 1, 2021, and for agreements concluded from that date, this section and all its provisions do not apply and therefore are not binding for Customers or Service Recipients who are natural persons entering into agreements directly related to their business activity, if from the content of such agreement it is evident that it does not have a professional character for that person, especially considering the nature of their business activity as disclosed in the Central Registration and Information on Business, unless the application of the provisions contained in this section to these persons is not prohibited.

The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from its conclusion. Withdrawal from the Sales Agreement in this case can occur without stating any reason and does not create any claims for the Customer against the Seller.

The Seller’s liability for warranty claims for the Product or lack of conformity of the Product with the Sales Agreement is excluded.

The Seller will respond to complaints within 30 calendar days from the date of their receipt.

The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without providing reasons by sending the Service Recipient an appropriate statement.

The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid under the Sales Agreement, but not more than one thousand zlotys. The monetary limitation mentioned in the previous sentence applies to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, including in cases where no Sales Agreement was concluded or unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damages foreseeable at the time of the agreement and is not liable for lost profits.

All disputes arising between the Seller/Service Provider and the Customer/Service Recipient are subject to the court with jurisdiction over the Seller’s/Service Provider’s registered office.

PRODUCT REVIEWS

The Seller enables Customers to post and access reviews of Products and the Online Store under the terms outlined in this section of the Terms and Conditions.

A review by the Customer can be posted, for example, on the Service Provider’s social media or through individual communication with the Service Provider, who may request the Customer to provide a review of the Product after its purchase.

A Product review can only be posted for products actually purchased from the Seller’s Online Store and by a Customer who purchased the reviewed Product. It is prohibited to enter into fictitious or apparent Sales Agreements to post a Product review. A review of the Online Store can be posted by a person who is a Customer of the Online Store.

Adding reviews by Customers must not be used for unlawful activities, in particular for acts constituting unfair competition or actions infringing on personal rights, intellectual property rights, or other rights of the Seller or third parties. By adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good practices.

Reviews may be posted directly on the Online Store’s website, for example, with a given Product or in a separate tab of the Online Store containing Customer reviews.

The Seller ensures that published reviews of Products come from its Customers who have purchased the given Product. To this end, the Seller undertakes the following actions to verify that the reviews originate from its Customers:

  • Publication of reviews on the Online Store’s website through social media requires prior verification by the Seller. This verification involves checking the compliance of the review with the Terms and Conditions, specifically confirming whether the reviewer is a Customer of the Online Store – in this case, the Seller verifies whether the person made a purchase in the Online Store, and in the case of Product reviews, additionally verifies if the person purchased the reviewed Product.
  • The Seller may also contact its Customers at the email address provided at the time of purchase to invite them to provide a review – this way, the Seller ensures that the review is posted only by a Customer who made a Product purchase in the Online Store.

In case of doubts from the Seller or concerns raised by other Customers or third parties about whether a review comes from a Customer or whether a Customer purchased a specific Product, the Seller reserves the right to contact the review author for clarification and confirmation that they are indeed a Customer of the Online Store or purchased the reviewed Product.

All comments, appeals against review verification, or concerns about whether a review originates from a Customer or whether a Customer purchased a specific Product can be reported in the same manner as the complaint procedure outlined in section 7 of the Terms and Conditions.

The Seller does not post or commission others to post false reviews or recommendations of Customers and does not distort Customer reviews or recommendations to promote its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.

ILLEGAL CONTENT AND OTHER CONTENT VIOLATING THE TERMS AND CONDITIONS

This section of the Terms and Conditions contains provisions arising from the Digital Services Act regarding the Online Store and the Service Provider. Generally, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require providing specific data (e.g., data to place an Order). The Service Recipient may have the opportunity to add reviews or comments in the Online Store using the tools provided by the Service Provider for this purpose. In any case of providing content by the Service Recipient, they are obliged to comply with the rules contained in the Terms and Conditions.

CONTACT POINT – The Service Provider designates the email address contact@sprzedawaj.com as the single contact point. This contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, as well as direct, fast, and friendly communication with the Service Provider via electronic means for the purposes of the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its contact point.

Procedure for reporting Illegal Content and actions under Article 16 of the Digital Services Act: Any person or entity may report the presence of certain information they consider Illegal Content to the Service Provider at the email address contact@sprzedawaj.com.

The report should be sufficiently precise and appropriately justified. To this end, the Service Provider enables and facilitates reporting to the above email address, including all the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Illegal Content, depending on the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for reports concerning information deemed related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.

A report, as mentioned above, is considered to give actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act concerning the information to which it relates, if it enables the Service Provider, acting with due diligence, to ascertain – without detailed legal analysis – the illegal nature of the particular activity or information.

If the report contains the electronic contact details of the person or entity making the report, the Service Provider promptly sends a confirmation of receipt of the report to such person or entity. The Service Provider also promptly notifies such person or entity of its decision regarding the information to which the report relates, providing information on the possibility of appealing the decision.

The Service Provider reviews all reports received under the above mechanism and makes decisions regarding the information to which the reports relate in a timely, non-arbitrary, and objective manner and with due diligence. If the Service Provider uses automated means for such review or decision-making, it includes information about this in the notification mentioned in the previous point.

Information on restrictions imposed by the Service Provider in connection with the use of the Online Store regarding information provided by Service Recipients:

Service Recipients are subject to the following rules when providing any content within the Online Store:

  • Obligation to use the Online Store, including posting content (e.g., within reviews or comments), according to its intended purpose, these Terms and Conditions, and in a lawful manner, respecting personal rights, copyright, and intellectual property rights of the Service Provider and third parties;
  • Obligation to provide content that is true to the facts and not misleading;
  • Prohibition of providing illegal content, including Illegal Content;
  • Prohibition of sending unsolicited commercial information (spam) via the Online Store;
  • Prohibition of providing content violating commonly accepted principles of netiquette, including content that is vulgar or offensive;
  • Obligation to hold – if necessary – all required rights and permits to provide such content on the Online Store’s website, especially copyright or required licenses, permits, and consents for their use, dissemination, sharing, or publication, particularly the right to publish and disseminate on the Online Store and the right to use and disseminate the image or personal data in case the content includes the image or personal data of third parties;
  • Obligation to use the Online Store in a way that does not endanger the security of the Service Provider’s telecommunication system, the Online Store, or third parties.

Reporting Procedure for Illegal Content and Actions in accordance with Article 16 of the Digital Services Act:

Any person or entity can report to the Service Provider the presence of specific information that they consider to be Illegal Content via the email address contact@sellmastery.com.

The report should be sufficiently precise and adequately justified. To facilitate this, the Service Provider enables and supports submissions to the aforementioned email address that include all of the following elements: (1) sufficiently justified explanation of the reasons why the reporting person or entity considers the reported information to constitute Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL address or addresses, and, where applicable, additional information enabling the identification of Illegal Content, according to the type of content and specific type of service; (3) first name and surname or name and email address of the reporting person or entity, except for reports related to information considered related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the reporting person or entity that the information and allegations contained therein are accurate and complete.

The above-mentioned report is considered to provide a basis for obtaining actual knowledge or information for the purposes of Article 6 of the Digital Services Act with respect to the information concerned, if it enables the Service Provider to determine – with due diligence and without detailed legal analysis – the illegal nature of the activity or information.

If the report includes electronic contact details of the reporting person or entity, the Service Provider promptly sends confirmation of receipt of the report to such person or entity. The Service Provider also promptly notifies such person or entity of its decision regarding the information covered by the report, providing information on the possibility of appealing against the decision.

The Service Provider reviews all reports received under the above mechanism and makes decisions regarding the information covered by the reports in a timely, non-arbitrary, and objective manner, with due diligence. If necessary for such review or decision-making, the Service Provider may use automated means, and it discloses this information in the notification referred to in the preceding paragraph.

Information on Restrictions Imposed by the Service Provider Regarding the Use of the Online Store with regard to Information Provided by Service Recipients:

The following rules apply to Service Recipients when providing any content within the Online Store:

  • Obligation to use the Online Store, including posting content (e.g., reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good practices, while respecting personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
  • Obligation to provide truthful content and avoid misleading information;
  • Prohibition on providing unlawful content, including Illegal Content;
  • Prohibition on sending unsolicited commercial communications (spam) through the Online Store;
  • Prohibition on providing content violating widely accepted netiquette principles, including containing vulgar or offensive content;
  • Obligation, where necessary, to possess all required rights and permissions to provide such content on the pages of the Online Store, particularly copyrights or required licenses, permits, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in case the content includes the image or personal data of third parties;
  • Obligation to use the Online Store in a manner that does not pose a security threat to the Service Provider’s teleinformatics system, the Online Store, or third parties.

The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store. Moderation is conducted in good faith and with due diligence, either at the Service Provider’s initiative or upon receipt of a report, to detect, identify, and remove Illegal Content or other content not compliant with the Terms and Conditions or to prevent access to them or take necessary measures to comply with European Union law and national law consistent with European Union law, including requirements set forth in the Digital Services Act, or requirements included in the Terms and Conditions.

Moderation may be performed manually by a human or based on automated or partially automated tools facilitating the identification of Illegal Content or other content not compliant with the Terms and Conditions. Upon identifying such content, the Service Provider decides whether to remove or prevent access to the content or otherwise limit its visibility or take other actions deemed necessary (e.g., contacting the Service Recipient to clarify objections and change content). The Service Provider clearly and comprehensibly informs the Service Recipient who provided the content (if their contact information is available) of its decision, the reasons for it, and available options to appeal against the decision.

Service Provider’s Performance of Rights and Obligations under the Digital Services Act:

The Service Provider is obligated to act with due diligence, objectively, proportionally, and with due regard to the rights and legally justified interests of all parties involved, including service recipients, particularly considering rights under the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

Any comments, complaints, claims, appeals, or objections regarding decisions or other actions or lack of action taken by the Service Provider based on the received report or decision made by the Service Provider in accordance with the provisions of these Terms and Conditions may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. Using this procedure is free of charge and allows electronic submission of complaints to the specified email address. Using the reporting and complaint resolution procedure does not prejudice the right of the individual or entity to initiate legal proceedings or violate their other rights.

The Service Provider reviews any comments, complaints, claims, appeals, or objections regarding decisions or other actions or lack of action taken by the Service Provider based on the received report or decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other submission provides sufficient grounds for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information subject to the complaint is not illegal and not compliant with the Terms and Conditions, or contains information indicating that the action of the complainant does not justify the measure taken, the Service Provider promptly reverses or changes its decision regarding potential removal or prevention of access to content or otherwise limits its visibility or takes other actions deemed necessary.

Service Recipients, individuals, or entities reporting Illegal Content subject to decisions of the Service Provider regarding Illegal Content or content not compliant with the Terms and Conditions have the right to choose any alternative dispute resolution body certified by the coordinator for digital services of the Member State to resolve disputes regarding these decisions, including regarding complaints that have not been resolved within the internal complaint resolution system of the Service Provider.

FINAL PROVISIONS

Agreements concluded through the Online Store are concluded in Polish.

Changes to the Terms and Conditions:

The Service Provider reserves the right to make changes to these Terms and Conditions for valid reasons, such as changes in legal regulations; changes in methods or terms of payment or delivery; compliance with a legal or regulatory obligation; changes in the scope or form of provided Electronic Services or Products; adding new Electronic Services and Products; necessity to counter unforeseen and immediate threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malicious software, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

Notification of proposed changes is sent at least 15 days before the effective date of these changes, with the exception that changes may be implemented without observing the 15-day notification period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to change the Terms and Conditions in a way that prevents it from adhering to the 15-day notification period; or (2) must exceptionally change its Terms and Conditions to counter unforeseen and immediate threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malicious software, spam, data breaches, or other cybersecurity threats. In the latter two cases mentioned above, changes take effect immediately, unless a longer implementation period is possible or necessary, which the Service Provider notifies on each occasion.

In the case of continuous agreements, the Service Recipient has the right to terminate the agreement with the Service Provider before the expiration of the notification period for proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notification. In the case of concluding an agreement of a continuous nature, the amended Terms and Conditions bind the Service Recipient if they have been properly notified of the changes, in accordance with the notification period before their implementation, and have not terminated the agreement during this period. Additionally, at any time after receiving notification of changes, the Service Recipient may accept the proposed changes and thereby waive the further duration of the notification period. In the case of agreements of a different nature than continuous agreements, changes to the Terms and Conditions will not affect any rights acquired by the Service Recipient before the effective date of the changes to the Terms and Conditions, particularly changes to the Terms and Conditions will not affect already submitted or concluded Orders and concluded, executed, or performed Sales Agreements.

If changes to the Terms and Conditions result in the introduction of any new fees or increases in existing ones, consumers have the right to withdraw from the agreement.

Matters not covered in these Terms and Conditions are governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

TEMPLATE OF WITHDRAWAL FORM (Attachment No. 2 to the Consumer Rights Act)

To be filled out and sent only if you wish to withdraw from the contract

  • Recipient:

Bożena Smolarek Consultorium Psychologicum Ślimaka 48, Apt. 2, 04-862 Warsaw sellmastery.com contact@sellmastery.com

  • I/We() hereby inform/inform you() of my/our withdrawal from the contract for the sale of the following goods() / contract for the delivery of the following goods() / contract for a work consisting of the execution of the following goods() / or the provision of the following service()
  • Date of contract() / receipt()
  • Name and surname of the consumer(s)
  • Address of the consumer(s)
  • Consumer(s) signature (only if the form is sent in paper version)
  • Date

(*) Delete as appropriate.