TERMS AND CONDITIONS OF THE BUSINESSWELL.COM WEBSITE
Containing rules for concluding sales contracts through the store, including the most important information about the Seller, the service, and the rights of the Consumer.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
§ 12 Provisions for Buyers who are not Consumers
Annex No. 1: Withdrawal Form Template
§ 1 DEFINITIONS
Business days – days from Monday to Friday, excluding public holidays.
Account – a separate service offered by the Service, which is regulated by a separate set of rules (provided electronically), through which the Buyer can create their own individual Account in the Service.
Consumer – a consumer within the meaning of the Civil Code provisions.
Buyer – any Buyer in the Service.
Terms and Conditions – these regulations.
Service – an online store operated by the Seller at www.businesswell.com and portal.businesswell.com.
Seller – Systemowa Szkoła Przedsiębiorczości Spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań (60-595), at ul. Polska 15, entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, under the KRS number: 0000468852, NIP: 7831701111, REGON: 302470723, share capital of PLN 10,000.00.
§ 2 CONTACT WITH THE SELLER
- Mailing address: ul. Polska 15, 60-595 Poznań
- Email address: biuro@businesswell.com
- Phone: +48 535 936 888
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Service, the following is necessary:
- A device with Internet access
- An internet browser that supports JavaScript and cookies. - In order to place an order in the Service, in addition to the requirements specified in sec. 1, an active email account is necessary.
§ 4 PURCHASES IN THE SERVICE
- The prices of goods and services visible in the Store are total prices for the goods, including VAT.
- The Seller points out that the total price of the order consists of the price of the goods and, if applicable, the delivery costs of the goods indicated on the Service.
- The Buyer should add the selected item to their cart in the Service.
- Then, the Buyer selects from the available options in the Service: the method of delivery of the goods (if applicable), the payment method for the order, and provides the necessary data to fulfill the order placed.
- The order is placed when its content is confirmed, and the Buyer accepts the Regulations.
- Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
- The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
- The Buyer can register in the Service, i.e., create an Account, or make purchases without registration by providing their details for each respective order.
§ 5 PAYMENT
- Depending on the Buyer's choice, payment for the order can be made:
a. By bank transfer to the Seller's bank account.
b. Through a payment platform:
– Płatności24
- PayU
c. By payment cards:
– Visa
– Visa Electron
– MasterCard
– MasterCard Electronic
– Maestro - The Seller informs that in the case of certain payment methods, due to their specificity, payment for the order is possible only directly after placing the order.
§ 6 ORDER EXECUTION
- The Seller is obliged to deliver the goods without defects.
- The order execution period is indicated in the Service.
- If the Buyer has chosen to pay in advance for the order, the Seller will start fulfilling the order after the payment is received.
- In the case where the Buyer has purchased goods with different execution dates within one order, the order will be fulfilled within the time frame appropriate for the product with the longest execution time.
- The goods are delivered only within the territory of the Republic of Poland.
- The goods purchased in the Service are delivered depending on the delivery method chosen by the Buyer:
- By electronic means of communication
- By the courier service TNT
§7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The consumer has the right to withdraw from the contract concluded with the Seller through the Service, subject to Section 8 of the Regulations, within 14 days without giving any reason.
- The deadline for withdrawal from the contract expires after 14 days from the day:
a) on which the consumer has acquired possession of the goods, or on which a third party other than the carrier and indicated by the consumer has acquired possession of the goods,
b) on which the consumer has acquired possession of the last item or on which a third party other than the carrier and indicated by the consumer has acquired possession of the last item in the case of a contract for the delivery of goods consisting of multiple lots or pieces,
c) of the conclusion of the contract - in the case of a contract for the supply of digital content. - In order for the consumer to exercise the right of withdrawal from the contract, they must inform the Seller, using the data provided in Section 2 of the Regulations, about their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or information provided by e-mail).
- The consumer may use the withdrawal form template placed at the end of the Regulations, but this is not obligatory.
- To meet the withdrawal deadline, it is enough for the consumer to send information regarding the exercise of their right of withdrawal from the contract before the deadline for withdrawal from the contract expires.
CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT - In the event of withdrawal from the concluded contract, the Seller shall reimburse the Consumer for all payments received from them, including the costs of delivery of the goods (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), without undue delay and in any case not later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal from the contract.
- The Seller will make the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed to a different solution.
- The seller may withhold the return of payment until receipt of the goods or until proof of its return is provided to him, depending on which event occurs first.
- The seller asks you to return the goods to the following address: ul. Polska 15, 60-595 Poznań immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
- The consumer bears the direct cost of returning the goods.
- The consumer is only liable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be returned in the usual way by post, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The right of withdrawal from a distance contract shall not apply to a consumer in relation to a contract:
a) Whose subject matter is a non-prefabricated item produced to the consumer's specifications or to meet their individualized needs.
b) Whose subject matter is an item liable to deteriorate rapidly or with a short shelf-life.
c) Whose subject matter is an item delivered in a sealed package that cannot be returned after opening due to health or hygiene reasons if the packaging has been opened after delivery.
d) Whose subject matter is goods that are inseparably mixed with other goods after delivery, due to their nature.
e) Whose subject matter is sound or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery.
f) For the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
g) Whose price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the period for withdrawal from the contract.
h) For the supply of digital content that is not stored on a tangible medium if the performance has begun with the consumer's prior express consent and acknowledgment of the loss of the right of withdrawal from the contract before the expiration of the withdrawal period.
§ 9 COMPLAINTS
- In the event of a defect in the goods, the Buyer has the right to make a complaint under the warranty or guarantee, provided that a guarantee has been given.
- By using the warranty, the Buyer may, under the terms and within the deadlines specified in the Civil Code:
a) Submit a statement of price reduction
b) In the case of a significant defect, submit a statement of withdrawal from the contract
c) Demand exchange of goods free of defects
d) Demand removal of defects - The Seller requests that complaints under the warranty be submitted by post or email to the address specified in Section 2 of the Terms and Conditions.
- If it is found that for the complaint to be considered, the goods need to be delivered to the Seller, the Buyer is obliged to deliver the goods, at the Seller's cost in the case of a consumer, to the address at ul. Polska 15, 60-595 Poznań.
- If the goods have an additional warranty, information about it and its terms is available in the product description in the Store.
- Complaints regarding the operation of the Store should be directed to the email address indicated in Section 2 of the Terms and Conditions.
- The Seller will consider the complaint within 14 days.
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND CLAIMS - If the complaint procedure does not bring the expected result for the consumer, they may use, among others:
If the complaint procedure does not yield the expected result for the Consumer, they may use, among others: a) Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which the application for mediation should be addressed. As a rule, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b) Assistance of the territorially competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which the application for consideration of the matter before the amicable court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c) Free assistance of the city or district Consumer Ombudsman.
d) The online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 10 PERSONAL DATA
- The Seller is the controller of personal data provided by the Buyer when using the Store.
- The Buyer's personal data is processed based on the contract and for its execution, in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council. Detailed information regarding data processing by the Seller is included in the privacy policy posted on the Store.
§ 11 RESERVATIONS
- It is prohibited for the Buyer to provide unlawful content.
- Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded for the duration and for the purpose of fulfilling the order.
- Contracts concluded based on these regulations are made in the Polish language.
- None of the provisions of these regulations exclude or limit the rights of the Consumer arising from legal provisions.
- Provisions relating to goods apply accordingly to digital content, unless the Regulations provide for these issues separately.
§ 12 PROVISIONS REGARDING BUYERS WHO ARE NOT CONSUMERS
- The right to withdraw from a distance contract does not apply to entities other than Consumers.
- All liability of the Seller towards the Buyer who is not a Consumer is excluded.
- In the event of a dispute with a Buyer who is not a Consumer, the court having jurisdiction will be the court having jurisdiction over the Seller's registered office.
ANNEX 1 to the Terms and Conditions
Below is a template withdrawal form that the Consumer may, but is not required to use:
TEMPLATE WITHDRAWAL FORM
(This form should be completed and returned only if you wish to withdraw from the contract)
Systemowa Szkoła Przedsiębiorczości Sp. z o.o.
ul. Polska 15, 60-595 Poznań
e-mail: biuro@businesswell.com
– I/We(*) …………………………………………………………… hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following service(*)/for the supply of digital content(*):
…………………………………………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………………………………………
– Ordered on(*)/Received on(*) …………………………………………………………………………………………………………..
– Name of consumer(s): ………………………………………………………………………………………………………………
– Address of consumer(s): …………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………
Signature of consumer(s) (only if this form is notified on paper)
Date ……………………………………..
(*) Delete as appropriate.
ACCOUNT TERMS AND CONDITIONS
Terms and Conditions for the account on www.businesswell.com
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Reservations
§ 1 DEFINITIONS
Account - a free-of-charge function of the Store (service), regulated in these Terms and Conditions, which allows the Buyer to create their individual Account in the Store.
Buyer - any entity purchasing in the Store.
Store - an online store run by the Seller at www.businesswell.com and portal.businesswell.com
Seller – Systemowa Szkoła Przedsiębiorczości Spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań (60-595), at ul. Polska 15, entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, under the KRS number: 0000468852, NIP: 7831701111, REGON: 302470723, share capital of PLN 10,000.00.
§ 2 CONTACT WITH THE SELLER
- Mailing address: ul. Polska 15, 60-595 Poznań
- Email address: biuro@businesswell.com
- Phone: +48 535 936 888
§ 3 TECHNICAL REQUIREMENTS
- In order to properly function and set up an Account, the following are necessary:
– Active email account
– Device with internet access
– Internet browser that supports JavaScript and cookies
§ 4 ACCOUNT
- Setting up an Account is entirely voluntary and dependent on the Buyer's will.
- The Account provides the Buyer with additional options, such as browsing the order history made by the Buyer in the Store, checking the order status, or editing the Buyer's data on their own.
- To set up an Account, the appropriate form in the Store must be completed.
- At the moment of setting up the Account, an agreement between the Buyer and the Seller is concluded for an indefinite period of time regarding the operation of the Account on the terms indicated in the Regulations.
- The Buyer may resign from the Account at any time without incurring any costs.
- To resign from the Account, the Buyer should send their resignation to the Seller at the email address: biuro@businesswell.com, which will result in the immediate removal of the Account and the termination of the agreement regarding the operation of the Account.
§ 5 COMPLAINTS
- Complaints regarding the functioning of the Account should be directed to the email address biuro@businesswell.com.
- The Seller will consider the complaint within 14 days.
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND CLAIMS - W przypadku gdy postępowanie reklamacyjne nie przyniesie oczekiwanego przez Konsumenta rezultatu Konsument może skorzystać m.in. z:
If the complaint procedure does not yield the expected result for the Consumer, they may use, among others: a) Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which the application for mediation should be addressed. As a rule, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b) Assistance of the territorially competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which the application for consideration of the matter before the amicable court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c) Free assistance of the city or district Consumer Ombudsman.
d) The online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§6 PERSONAL DATA
- The Seller is the controller of personal data provided by the Buyer when using the Store.
- The Buyer's personal data is processed based on the contract and for its execution, in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council. Detailed information regarding data processing by the Seller is included in the privacy policy posted on the Store.
§7 RESERVATIONS
- It is prohibited for the Buyer to provide unlawful content.
- The Account agreement is concluded in Polish.
- In the event of important reasons referred to in paragraph 4, the Seller has the right to change these Account regulations.
- Important reasons referred to in paragraph 3 include:
a) the need to adapt the Store to the laws applicable to the Store's activity
b) improvement of the security of the service provided
c) change in the functionality of the Account that requires modification of the Account regulations. - The Buyer will be notified of any changes to the regulations at the email address provided during the Account registration process.
- If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address: biuro@businesswell.com, which will result in the termination of the Account maintenance agreement upon the entry into force of the planned change or earlier if the Buyer submits such a request.
- If the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the contract in the future.
- In the event of a possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
- None of the provisions of these regulations exclude or limit the rights of the Consumer arising from legal provisions.
REGULATIONS OF THE NEWSLETTER
§ 1 DEFINITIONS
Newsletter - an electronically provided service provided free of charge, thanks to which the Service Recipient can receive electronic messages previously ordered from the Service Provider regarding the Shop, including information on offers, promotions, and news in the Shop.
Store - an online store operated by the Service Provider at the address www.busineswell.com and portal.businesswell.com.
Service Provider - Systemowa Szkoła Przedsiębiorczości Spółka z ograniczoną odpowiedzialnością with its registered office in Poznań (60-595) at ul. Polska 15, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, under the KRS number: 0000468852, NIP: 7831701111, REGON: 302470723, share capital: PLN 10,000.00.
Service Recipient - any entity using the Newsletter service.
§ 2 Newsletter
- The Service Recipient may voluntarily use the Newsletter service.
- To use the Newsletter service, it is necessary to have a device with an internet browser in the latest version, supporting JavaScript and cookies files, with access to the Internet and an active e-mail account.
- E-mail messages sent as part of this service will be sent to the e-mail address provided by the Service Recipient at the time of signing up for the Newsletter.
- In order to conclude a contract and sign up for the Newsletter service, the Service Recipient first provides their e-mail address in the designated place on the Website, to which they want to receive messages sent as part of the Newsletter. Then, the Service Provider will send a verification e-mail message to the e-mail address provided in the first step, containing a link to confirm the Service Recipient's willingness to sign up for the Newsletter. After confirming the Service Recipient's willingness to sign up for the Newsletter, a contract for the provision of the service is concluded, and the Service Provider will start providing it to the Service Recipient.
- Information on the possibility of unsubscribing from the Newsletter, as well as a link to unsubscribe, will be included in the messages sent as part of the Newsletter.
- The Service Recipient may unsubscribe from the Newsletter at any time without giving a reason and incurring any costs by using the option mentioned in para. 5 or by sending a message to the Service Provider's e-mail address: biuro@businesswell.com.
- Using the link to unsubscribe from the Newsletter or sending a message requesting to unsubscribe from the Newsletter will result in an immediate termination of the contract for the provision of this service.
§ 3 Complaints
- Complaints regarding the Newsletter should be reported to the Service Provider at the email address: biuro@businesswell.com.
- The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.
§ 4 Personal Data
- The Service Provider is the administrator of personal data provided by the Service Recipient when using the Newsletter.
- The personal data of the Service Recipient is processed based on the agreement and for its performance, in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council. Detailed information regarding data processing by the Seller is included in the privacy policy posted on the Website.
§ 5 Final Provisions
- The Service Provider reserves the right to change these regulations only for important reasons. Important reasons include the need to change the regulations due to modernization of the Newsletter service or changes in legal regulations that affect the provision of services by the Service Provider.
- Information about planned changes to the regulations will be sent to the Service Recipient's email address provided at the time of subscribing to the Newsletter at least 7 days before the changes come into effect.
- If the Service Recipient does not object to the planned changes before they come into effect, it is deemed that they accept them.
- If the Service Recipient does not accept the planned changes, they should notify the Service Provider at the email address: biuro@businesswell.com, which will result in the termination of the service agreement upon the entry into force of the planned changes.
- The delivery of unlawful content by the Service Recipient is prohibited.