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Online Shop Terms & Conditions

§1 Preliminary provisions

1. These Terms & Conditions (T&C) define how to conclude distance contracts with the Customer by the Seller, their terms and the rights and obligations of the parties to the contract in the provision of electronic services, including digital products.

2. Each customer is obliged to read and accept the conditions set out in the Regulations before concluding the contract with the Seller

§2 Definitions

The definitions contained in the T&C should be understood as follows:

1. Seller – Confianza Sp. z o.o., address: ul. Dzielna 25/18, 54-152 Wrocław, entered into the Register of Entrepreneurs kept by the District Court Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number nr 0000917736, NIP  5842802576, REGON 38976176600000.

2. Client – each entity that uses the Shop’s services and functionalities, especially the one that makes purchases in the Shop;

3. Consumer – a natural person concluding a contract through the Shop with the Seller who is an Entrepreneur, with the subject matter of the said contract not being directly related to that person’s business or professional activity; 

4. Shop – the website and online shop available at: https://dancefromhome.com/

5. Order – a statement of will made by the Client through the Order Form, with the intention to directly conclude a Sales Contract for a distance service or digital product with the Seller;

6. Product – a product or service available in the Shop, being the subject matter of the Contract between the Client and the Seller

7. Cart– the element of the Shop’s software, in which the Products selected by the Client for purchase are visible and details of the Order, especially the number of products, can be determined and modified;

8. Order Form – an interactive form available in the Shop through which an Order can be placed, in particular as a result of Products being added to the Cart and the terms of the Distance Contract, including the method of delivery and payment, being specified;

9. Registration Form – a form available on the Shop that allows you to create a Client Account;

10. Account – the Client’s account in the Shop that can be set up (but is not required), where details given by the Client are stored along with the information about the Orders made by the Client in the Shop;

11. Order – the Customer’s declaration of intent submitted via the Order Form and designed to conclude the Contract with the Seller.

12. Payment Operator – payment system: 

    1. PayPal provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., a limited liability partnership registered as number RCS Luxembourg B 118 349, the registered office of which is at 22-24 Boulevard Royal, L-2449 Luxembourg,

    2. or Stripe provided by Stripe Payments Europe, Ltd.  with its registered office in Ireland at C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin D01 H104

13. Contract – a distance contract concluded with the Client under an organised distance sales scheme (via the Shop) without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication before (and including the time when) the contract is concluded;

14. T&C – the present Online Shop Terms & Conditions. 

§3. Contact with the Shop

1. The Client may contact the Seller specifically:

   1. via e-mail at: info@dancefromhome.com

   2. by  Messenger/Facebook at: https://www.facebook.com/dance.from.home.online on weekdays from 8 am to 4 pm (Central European Time). 

§4. Technical issues

1. The following is required to use the Shop, also to browse items offered in the Shop and place orders for Products:

   1. any device with Internet access and a web browser; 

   2. an active email account;

   3. some digital products (e.g. online training or consultation) may require installation of additional software or use an external application (e.g. Zoom or other webinar applications), about which the Seller will inform the Customer before making the purchase, including this information in the description of the Product.

2. The Seller shall implement appropriate technical and organisational measures to ensure the Client a level of security appropriate to the risk, including measures that prevent access and modification of personal data by unauthorized persons.

3. The Client shall be prohibited to provide illegal content.

4. The Seller’s Shop can become temporarily unavailable as necessary for the planned, ongoing operation and maintenance of the Shop server and software. Any planned maintenance break will be expressly notified to the Clients on the Shop’s website. 

5. The Seller will not be held liable, to the fullest extent permitted by law, for any disruptions, including an interruption of the Shop operation, which result from force majeure, illicit activities of third parties or the Shop being incompatible with the Client’s technical infrastructure. 

§5. Electronically supplied services 

1. The Seller provides electronic services via the Website.

2. The Seller offers, among others, the following free electronic services:

   1. viewing the content and assortment on the Website and using the content search engine 

   2. an Order in the shop without registration,

   3. an Account in the Shop,

   4. a newsletter.

3. The Agreement for maintaining an Account in the Shop and the Agreement for sending the newsletter are concluded for an indefinite period and may be terminated at any time with immediate effect. The Agreement for maintaining an Account in the Shop can be terminated by deleting the Account, and the Agreement for sending the newsletter by unsubscribing from it according to the instructions contained in each newsletter or by sending an appropriate request to the Seller to the e-mail address provided in §3 of the Regulations.

4. The Seller also provides and supplies paid services electronically.

5. Detailed descriptions of paid electronically supplied services (called Products) and their scope, special conditions of participation, if required, and prices can be found on the Website in the descriptions of each of the Products.

6. The Seller also provides services to which access is granted for a limited period of time. The Seller indicates the access time in the Product description.

7. The absence of the Client or a participant delegated by the Client within the confirmed period of the service of access to digital content (e.g. live webinar) does not entitle the Customer not to pay for the Order or to be reimbursed the payment if the Client has made it earlier. This does not apply to situations where the Client who is a Consumer has successfully withdrawn from the Agreement or the Agreement has been effectively terminated.

§6. Creating an Account in the Shop

1. The Client can create an Account in the Shop free of charge.

2. To create an Account in the Shop, the Client should complete the Account Registration Form or make a first order which will automatically create a new Account.

3. To log in to the Account in the Shop the Client should use the login and password set in the Registration Form.

4. The Client may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the address provided in §3.

§7. How to place the Order

1. Orders can be placed on the Website 24 hours, 7 days a week

2. Orders can be placed without prior registration or without with a prior Account registration in the Shop  (check instructions in §6 of the Regulations).

3. To place an Order for the Products offered in the Shop without prior registration the Client should:

   1. select the Product or Products to be included in the Order and click “Add to cart” button;

   2. go to your cart and check order’s parameters and then click the “Proceed to checkout” button;

   3. fill in the Order Form by entering the Order recipient’s details, in particular the email address to which the Product is to be sent;

   4. set account password and confirm it;

   5. An Account will be created automatically;

   6. accept the T&C;

   7. choose one of the available payment methods and click on the “Place order” button; 

   8. confirm the Order by making payment within the specified time limit, with the payment method chosen previously. 

4. To place an Order with registration (using an Account in the Shop), the Client should:

   1. for the first order, complete the Order Form, entering the details of the recipient of the Order and the email address to which the Product is to be sent; 

   2. set account password and confirm it;

   3. An Account will be created automatically;

   4. for the next order, log in to your Account in the Shop;

   5. select the Product or Products to be included in the Order and click “Add to cart” button;

   6. go to their cart and check their order details and then click the “Proceed to checkout” button;

   7. accept the T&C;

   8. choose one of the available payment methods and click on the “Place order” button; 

   9. confirm the Order by making payment within the specified time limit, with the payment method chosen previously. 

5. On-line payment is made directly on the Payment Operator’s website.

6. After the payment, the Customer will be redirected back to the Seller’s website.

7. Once the “Place order” button has been clicked on, the Contract is deemed to have been concluded.  

8. The purchase confirmation will be sent to the Client’s e-mail address given in the order form.

§8. Prices and payment methods offered

1. The prices are specified in the descriptions of the Products available on the Website

2. All prices stated in the Shop are expressed in one of the following currencies: EUR, USD, GBP and AUD.

3. There are no delivery costs associated with the purchase of Electronically supplied services (digital product) or digital content.

4. The Client can choose from the following payment via electronic payment services:

   1. Stripe,

   2. PayPal.

5. Detailed information on accepted payment methods can be found on the Shop’s website and in the order form.

6. The Customer agrees to send invoices and their corrections by e-mail to the e-mail address provided in the Order Form or an e-mail sent to the Seller.

§9. Complaints

1. If a defect has been detected, the Client can make a complaint.

2. The Client should state their complaint in writing, by sending it to the address given in § 3 of the T&C. 

3. The complaint should include a description of the defect found and the Consumer’s request to bring the Product into conformity with the Contract. 

4. The time limit for the Seller to consider the complaint is 14 working days of the complaint being received by the Seller.

5. If the Seller fails to respond to a duly submitted complaint within the time limit set above, the complaint is deemed to have been accepted by the Seller. 

6. The Seller may offer additional guarantees that do not replace the warranty. The Seller will inform about additional guarantees and their details in the Shop.

§10. Right to cancel the contract

1. The right to cancel the remote contract will not apply to the Consumer with regard to the Contract, the subject matter of which is electronically supplied service or digital content without a durable medium, if the entrepreneur has fully provided the service with the explicit consent of the Consumer, who was informed before the start of the provision that the Consumer would lose the his/her right to withdraw from the contract after the entrepreneur has fulfilled the provision.

2. In other situations to cancel the contract, the Client should inform the Seller of their intention to cancel the contract by way of a declaration of intent in the form of a letter sent by e-mail or mail to the address given in §3 of the T&C before. The notice of contract cancellation must be sent before the deadline set for the contract to be cancelled. 

3. For this purpose, the Client may use a model contract cancellation form. This is, however, not obligatory.

   I / We …………………. hereby inform / inform the Seller about my / our withdrawal from the contract.
   Date of conclusion of the contract (*) / receipt (*):
   First name and last name:
   Address:
   Bank account number:

4. If the contract is cancelled, the Seller will return all payments received from the Client, no later than 14 days of the Seller having been informed of contract cancellation by the Client. The payment will be returned by the Seller with the same payment methods as those used by the Client in the original transaction, unless the Consumer has expressly agreed to another solution which will not involve any costs for them.

§11. Out-of-court settlement of consumer disputes

1. The Seller agrees that any possible disputes arising in connection with the distance contracts concluded will be resolved by mediation. Details will be given by the parties in dispute. 

2. The Consumer can make use of any of the out-of-court complaint and redress mechanisms. 

3. The Client can, for instance, use out-of-court complaint and redress mechanisms through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

§12. Copyrights 

1. Digital content available on the Website, in particular the materials included in the Products, is protected by copyright. 

2. The Client may use the purchased Products and other content available on the Website on the basis of fair private use. This means that the Client and users of the Website may use them only for their own needs. This excludes commercial use of the above content by the Client and other users.

3. The Client who is interested in commercial use of the above-mentioned content should contact the Seller and undertake individual negotiations.

4. Unauthorized distribution of the above-mentioned content may result in civil and criminal liability.

§13. Personal data and Cookies

The rules of personal data processing and the use of cookies are described in the Privacy and Cookies Policy provided at: https://dancefromhome.com/privacy-and-cookies-policy/

§14. Final provisions

1. The Seller reserves the right to change the T&C for important reasons, i.e. due to an amendment to legal regulations, a change in payment and supply methods to the extent that such changes affect the enforcement hereof. The Seller will notify about the changes 14 days before their introduction. The changes do not apply to contracts concluded prior to the introduction of changes to the Regulations.

2. Agreements concluded prior to the amendment to the Regulations shall be governed by the version of the Regulations in force on the date of conclusion of the agreement.

3. Contracts concluded before a change in the T&C are subject to the T&C applicable as at the contract date.

4. Issues not regulated hereunder are governed by the provisions of the generally applicable Polish law.

5. The Regulations apply to contracts concluded from 01.01.2022.

Prepared by legalnienaonlajnie.pl
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