FOR THE ONLINE SHOP
AND ONLINE LEARNING PLATFORM
https://anngrycourses.thinkific.com
The owner/ seller:
ul. Jasnogórska 3/68
44-100 Gliwice (Poland)
Vat number: PL6312551233
REGON: 528688795
e-mail: [email protected]
Definitions
The terms used in these Terms and Conditions shall have the following meaning:
Account – a section of the Online Shop and Online Learning Platform ascribed to the Customer that he can use to perform specific actions in the Online Shop and Online Learning Platform.
Business Days – these shall be the days from Monday to Friday, excluding public holidays.
Civil Code – the Act of 23 April 1964.
Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
Customer – a natural person with full legal capacity, and in the cases provided for by generally applicable laws also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity; - who places an order or uses other Services available in the Online Shop and Online Learning Platform under the provisions of these Terms and Conditions.
Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
Course – Digital service available on Online Learning Platform Thinkific that is the subject of the Sale Agreement between the Customer and the Seller being paid by the Price.
Digital content – data produced and delivered in digital form.
Digital service – a service that allows the Consumer to: - generate, process, store or access data in digital form; -sharing digital data that has been uploaded or generated by the Consumer or other users of this service; - Other forms of interaction with data.
Newsletter service – the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address.
Product – a movable item (paintings) available in the Online Shop that is the subject of the Sale Agreement between the Customer and the Seller being paid by the Price.
Sales Agreement – a sales agreement of Products concluded between the Seller and the Customer.
Seller - the company anngryart Anna Grabska, ul. Jasnogórska 3/68, 44-100 Gliwice (Poland), Vat number: PL6312551233, REGON: 528688795, e-mail: [email protected].
Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002.
Terms and Conditions – this document.
General provisions
These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop www.anngryart.com and Online Learning Platform https://anngrycourses.thinkific.com .
These Terms and Conditions are always available at the website www.anngryart.com and https://anngrycourses.thinkific.com which allow to download, display and record their contents by printing or saving them to a data carrier at any time.
The Online Shop and Online Learning Platform can only be used by those who have read and fully accepted this terms and condition for the online shop.
The Online Shop and Online Learning Platform may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Edge, Opera, enabling cookies and JavaScript in the web browser.
Recommended technical requirements for cooperation with the ICT system include: a computer with internet access, to electronic mail, a web browser: Internet Explorer version 11 or newer, Mozilla Firefox version 93 or newer, Edge version 94 or newer, Google Chrome version 94 or newer, Safari version 14 or newer with JavaScript and cookies enabled. The recommended monitor resolution is 1024 × 768 pixels.
These Terms and Conditions specify in some sections the ways of provision of digital services available on the Online Shop www.anngryart.com and Online Learning Platform https://anngrycourses.thinkific.com .
The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g. Antivirus.
In the case of offering the listed products/services, the Seller informs on the product cards and on other information pages of the store about the functionality of products with digital elements, digital content or digital services. In addition, the Seller shall inform about the applicable technical measures to protect them, as well as the relevant compatibility and interoperability of the products with digital elements, digital content or digital services.
a) provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data.
b) use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customer.
c) use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
Electronic services in the online shop and online learning platform
The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.
The Seller provides the following Electronic Services:
Account.
Newsletter.
Shopping Cart.
Using the Account is possible after completing jointly and severally the following steps by the Customer:
- Completing the registration form and accepting the provisions of these Regulations,
- Clicking on the "Register" box.
Following the registration of the Customer Account, a customer can log in to the Online Shop, indicating the email address and password provided at the registration.
The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
The Seller may refuse to register an Account if the Client violates the provisions of Section II.9 of the Terms and Conditions.
The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Seller with their e-mail address, by electronic means commercial information regarding the products and services of the Seller, including information about their current offer, promotions, discounts, and marketing campaigns,
The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
The Shopping Cart is an electronic service that begins when the Customer adds the first Product to the Cart. The Shopping cart is a one-time use, is provided free of charge and is terminated when the Customer places or ceases to place an Order. Depending on the available functionalities, the Shopping Cart may remember information about the Products selected by the Customer also after the end of the browser session but does not ensure the availability of products.
The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it.
The Customer may submit complaints relating to the provision of the electronic service via the Online Shop by sending an e-mail to: [email protected]. The Seller will consider the complaint immediately, no later than within 21 days counted from the day the complaint was submitted.
The Customer may terminate with immediate effect the perpetual service for the provision of continuous electronic services at any time and without indicating reasons by sending an appropriate statement by e-mail to the following address: [email protected].
The Seller may terminate the Service Agreement for the following important reasons:
a) the manner of using the Electronic Services is contrary to the terms and conditions and the principles and purpose of the Online Shop.
b) the Customer's activity is contrary to the applicable moral norms, incites violence or committing a crime, as well as if it violates the rights of third parties.
c) the Customer provides illegal content or violates the provisions of section II, section 9 of the Terms and Conditions.
The declaration of termination of the Service Agreement submitted by the Seller will be sent to the e-mail address provided by the Customer.
The notice period for terminating the Service Agreement for each party is 14 days. Termination of the Service Agreement by either party is tantamount to deletion of the Account.
Either party withdrawing from the Service Agreement, or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.
Product information presented on the ANNGRYART Online Shop website does not constitute an offer within the meaning of the Civil Code; it constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code, unless mandatory regulations in the consumer's country of origin provide otherwise, pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ. EU. L. of 2008. No. 177, p. 6 as amended)
The placement of an order shall constitute an offer within the meaning of the Civil Code, made by the Customer to the Seller, unless the mandatory provisions in the Consumer's country of origin provide otherwise in accordance with Article 6(2) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ. EU. L. of 2008. No. 177, p. 6 as amended).
The Seller enables the Customer to place an Order through the Online Shop, 24/7 through the website or by mail.
Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.
As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
The order form should include the Customer’s name, surname and postal address, phone number and email address.
The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay. If the Client does not have an Account, it is required to accept the Terms and Conditions.
If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Products being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
In the case of orders via e-mail, after placing the order, the Customer receives the first e-mail from the Seller containing information about the content of the order, the Customer's data, along with the Terms and Conditions made available for acceptance. The Customer is obliged to confirm the will to conclude it in response to the above-described message from the Seller along with the acceptance of the Terms and Conditions. Then the Seller will send a confirmation of acceptance for the execution of the Order.
The total value of the Order includes the price and shipping costs.
The sales Agreement shall be concluded in English or Polish.
Prices and methods of payment (Products and Courses)
The prices are provided in EUR or PLN and include VAT (Value added Taxes).
The Customer may choose the following payment methods:
bank transfer to the Seller’s bank account.
Credit or debit card (Stripe).
electronic payment (PayPal).
Online payments are processed by Stripe “Stripe Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin) and PayPal (PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, 2449 Luxembourg).
When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
When making a payment via an electronic payment operator, the Customer should follow the instructions given by the operator of electronic payments in order to make a payment.
The Customer agrees that the purchase documents (invoice / receipt) for the order will be sent electronically.
Delivery of the products
Delivery of the Products is performed to the address indicated by the Customer when placing the Order. Details in our section Delivery https://anngryart.com.
Delivery of the Products is carried out by parcel delivery company.
On the Shop websites, in the description of the Product, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. Details in section Delivery.
The deadline for delivery and processing of the Order shall be calculated per Business Days.
The total waiting time for the Customer to receive the Product (delivery date) includes the time of preparing the Order for shipment by the Seller and the time of delivering the Product by the carrier.
If the ordered Products have different delivery deadlines, the longest deadline shall apply to the whole Order.
The risk of accidental loss or damage to the item is transferred to the Consumer at the time of its delivery to the Consumer.
The Consumer is recommended to inspect the condition of the products as soon as possible after delivery. If defects are discovered, the Consumer is recommended to contact the Seller by email: [email protected].
The Customer will be able to purchase a Course directly using the platform Thinkific, after registration.
All customers must accept and agree with Thinkific Terms of Service. https://www.thinkific.com/terms-of-service/.
The Customer is obliged to provide in the Order and in the registration forms on platform Thinkific, only true, up-to-date and all necessary data of the Customer and promptly update the data.
The Seller offers two-year access to courses in Thinkific account after purchase.
The customer can complete the course at any time, at their own pace.
When purchasing a course, you are buying a non-exclusive license to use the course and ownership of the product remains with the Seller.
Unless described otherwise by the Seller you must not copy, modify or re-produce a non-original version of the product you purchase, or loan, lease, sell or distribute the product.
Course descriptions and images displayed on platform Thinkific are illustrative only and are published to provide customer with a guide to the courses being offered.
The course material will be made available in accordance with the description.
The right to withdraw from the Agreement (Products/Online courses)
The consumer who has concluded a distance agreement can withdraw from sales agreement within 14 calendar days without giving a reason and without incurring costs, except for the costs referred to in Articles 33,34 and 35 of the Consumer Rights Act. To keep the deadline, it is sufficient for the Consumer to make a statement of the Seller before it expires.
The statement of withdrawal from the agreement may be submitted to the Seller's address or e-mail address: [email protected]. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).
The course of time for withdrawal from the Sales Agreement shall commence a) on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which:(1)includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or (2) is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products; b) for other agreements – from the date of conclusion of the contract (Courses).
Upon receipt of the statement of withdrawal from the Agreement by the Consumer, the Seller will send to the Consumer's e-mail address a confirmation of receipt of the statement of withdrawal from the Agreement.
In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.
The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, to return to the consumer all payments made by him, including the costs of delivery of the Product. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.
The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
The purchased Products should be returned to the following address:
ul. Jasnogórska 3/68
44-100 Gliwice (Poland)
The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
The seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer.
The consumer bears the direct costs of returning the Product.
In the event of withdrawal from the contract for the supply of digital service (Online courses), the consumer is obliged to stop using this digital service and making it available to third parties.
The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:
in which the subject of the service is a Product non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract and took note of it. (The consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, considering the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided).
Complaints
In the event of non-compliance of the Product with the sales agreements, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers, unless otherwise provided by mandatory regulations in the country of origin of the Consumer in accordance with Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I) (OJ EU L. 2008 No. 177, p. 6, with subsequent amendments).
Complaints should be sent to the following address:
anngryart Anna Grabska, ul. Jasnogórska 3/68, 44-100 Gliwice (Poland), e-mail: [email protected].
It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information.
The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.
The Seller undertakes to process each complaint immediately, no later than within 21 calendar days from the date of its receipt.
If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including the costs of postage, transport, labor and materials, shall be borne by the Seller.
The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.
If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:
the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.
the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.
the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.
the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.
It is clear from the seller's declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer.
The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.
The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction.
In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.
The Seller is liable for non-compliance of the Product with the Sales Agreement if the non-compliance of the Product with the Sales Agreement existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.
The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service.
Digital content or digital service shall be in conformity with the contract where in particular:
the description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates.
suitability for the specific purpose for which they are needed by the consumer, of which the consumer informed the operator at the latest at the time of conclusion of the contract and which the operator has accepted.
The Seller is liable for any lack of conformity with the contract of the digital content or digital service supplied once or in parts, which existed at the time of its supply and became apparent within two years of that time. A lack of conformity of the digital content or digital service with the contract which became apparent within one year of the supply of the digital content or digital service shall be presumed to have existed at the time of supply.
Out-of-court complaint handling and redress procedures
The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection in Poland.
According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.
Force majeure
Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than ten (10) business days after said event occurs.
The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
Protection of personal information
The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.
The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.
Final Provisions
All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions. All images, graphics, text, code, software, descriptions, data and other material used on or incorporated into this website are subject to intellectual property rights in Poland (EU).
These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in EU.
Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
In matters not regulated in these Terms and Conditions, the provisions of general Polish and EU laws shall apply.
Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
19.06.
2024
Appendix No 1 - Form of withdrawal from agreement
(this form should be filled in and returned only if you wish to withdraw from the contract)
- Address:
anngryart Anna Grabska
ul. Jasnogórska 3/68
44-100 Gliwice (Poland)
e-mail: [email protected]
- I / We (*) hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following products (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of consumer (s)
- Consumer (s) address
- Signature of the consumer (s) (only if the form is sent in paper version)
- Date
(*) Delete as applicable.