Terms of Service
Welcome
My name is Jagoda Michalewska, as a digital content creator I invite you to my store available at https://jagodamichalewska.com/store.
Thank you for placing your trust in me, for your interest in my digital products and shopping in my store.
Below you will find the terms and conditions, which contain information, m.in. on how to submit order and conclusion of the contract, payment methods available in the store or the procedure complaint. I am at your disposal at the e-mail address: info@jagodamichalewska.com.
I wish you successful shopping and a successful coaching process.
Jagoda Michalewska
Terms and Conditions of jagodamichalewska.com
Admission
These terms and conditions of the store [hereinafter: Terms and Conditions] define the rules of operation and terms of use of the jagodamichalewska.com website, as well as the terms of sale of digital products available on the website.
An integral part of the Terms and Conditions is the Privacy Policy. These Terms and Conditions may also be supplemented by the terms and conditions of sale of specific products, including in particular provisions regarding special promotions, warranties or other specific conditions.
It is considered that the Terms and Conditions are an integral part of the agreement concluded by the User and the Administrator.
Only a natural person with full legal capacity, including a legal person, an organizational unit without legal personality, which is granted legal capacity by law, or a natural person with full legal capacity, or a group of these persons conducting joint business in the form of a civil partnership, may become a Usufructuary.
Definitions
The terms used in these Terms and Conditions shall have the following meanings:
Administrator – the owner and administrator of the Website,
Jagoda Michalewska
Mühlemattstrasse 4
6004 Luzern
Schweiz
Website – an online service that acts as an intermediary between the Administrator and Users in the sale of Products. The Website’s web address is jagodamichalewska.com with its subdomains and dedicated product pages.
User – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, purchasing a Product via the Website.
Materials – one or more computer files containing video recordings or other files that are the basic component of the Product.
Additional Materials – one or more computer files that are an addition
to the Product.
Product – a paid service of access to specific Materials and Additional Materials in the form of computer files, provided via the Internet by the Administrator to the User, via the Website.
Free Product – a Product that is made available free of charge via the Internet by the Administrator to the User via the Website.
Agreement – a contract for the sale of Products and Free Products within the meaning of the Civil Code, concluded between the Administrator and the User, concluded with the use of the Website.
Provision of services by electronic means – performance of a service which takes place by sending and receiving data by means of ICT systems, at the individual request of the User, without the simultaneous presence of the parties, whereby the data is transmitted via public networks within the meaning of the Telecommunications Law.
Electronic payments – a payment method selected by the User, including a payment card or an online banking transfer, enabling the User to make electronic payments to the Administrator.
Payment System Operator – an entity selected by the Administrator providing services related to the delivery, maintenance and handling of credit card, payment card or transfer payments as part of online banking.
Electronic means of communication – technical solutions, including ICT devices, enabling individual remote communication using data transmission between ICT systems, in particular electronic mail.
Cookie – a text file in which information is saved by the Website server on the hard drive of the computer used by the User. The information stored in the cookie file can be read by the Website server when reconnecting from this computer, but it can also be read by other servers or other Internet users.
Password – means a sequence of letter, digit or other characters selected by the User during Registration on the Website or assigned by the Administrator, used to secure access to the Account.
User Account – means an individual set of resources and rights for each User, launched for them by the Administrator, after Registration.
Consumer – means a natural person who purchases Products on the Website that are not related to their business or professional activity.
Newsletter – a service provided electronically by the Administrator to the User who has actively subscribed to the Newsletter via the Subscription Form available on the Website, consisting in receiving commercial information at cyclical intervals, including in particular information about products and services offered by the Administrator.
General
Any person with appropriate technical means can freely browse the content of the Website. To use the Website, standard devices and software are required, allowing you to browse websites, as well as have an e-mail box.
The materials posted on the Website, including graphic elements, the layout and composition of these elements (the so-called layout), trademarks, photos and other information, available on the websites are subject to the exclusive rights of the Administrator. The indicated elements are subject to proprietary copyrights, industrial property rights, including rights from trademark registration and rights to databases, and as such enjoy statutory legal protection. It is not allowed to use these resources in a way other than provided for in these Terms and Conditions.
Users may use the Website only in accordance with applicable law and in accordance with the Terms and Conditions.
The Administrator reserves the right to refuse to provide services, delete data or cancel the order in the event of violation of the law or the provisions of the Terms and Conditions by the User who is not a consumer.
The website does not contain content that is age-qualified.
The Website Administrator reserves the right to immediately block access to the Newsletter in the event of the User’s violation of the provisions of applicable law, the provisions of the Terms and Conditions, as well as behavior inconsistent with good practices and principles of social coexistence.
The Administrator reserves the right to block access to the Website and Products and/or Free Products in the event of the User’s violation of the provisions of applicable law, the provisions of the Terms and Conditions, behavior inconsistent with good practices and principles of social coexistence, and inconsistent with the intended use of the Products and/or Free Products.
Registration
The use of the Products is possible after prior registration by the User on the Website – creation of a User Account. Registration is voluntary and free of charge. During Registration, the User must accept the content of the Terms and Conditions and the Privacy Policy. Lack of consent to their content prevents the provision of the service by the Administrator.
The commencement of using the Website, which gives the possibility of purchasing Products or using the Free Product, and the provision of Services by electronic means takes place after the User completes the registration form available on the Website, creates a User Account and accepts the Terms and Conditions and the Website Privacy Policy by the User.
Users are obliged to keep confidential information ensuring safe use of the User Account on the Website, including not disclosing their login and password to other persons and choosing appropriate, hard-to-crack passwords. The above is intended to prevent third parties from gaining access to the Website using the User’s registration/login data, without their knowledge and consent. Any actions taken using the login with a correctly assigned password are considered to be the actions of the User.
The User sending the registration form to create a User Account declares that the data provided by them are complete and consistent with the facts.
User Account
After the User has completed the correct Registration described in point 4 of the Terms and Conditions and received a correctly completed registration form, the Administrator will create a unique User Account for the User on the Website assigned to the email address selected and indicated at the stage of the Registration process by the User.
The User gains access to the Account using a unique identifier which is an email address and a Password. The User is obliged not to disclose the password and e-mail address to any third party and is solely responsible for any damage caused as a result of their disclosure.
By providing an email address on the Website, the User declares that the email address does not infringe the rights of third parties. The User is solely responsible for the choice of the e-mail address, and any disputes in this regard are resolved without the participation of the Administrator.
The Administrator may refuse to create a User Account with a specific email address, and delete the created User Account at any time if the email address is used on the Website or if the Administrator obtains justified, reliable information that it is contrary to the law, good practices, violates personal rights of third parties or legitimate interests of the Administrator. The Administrator will inform the User about the refusal to create a User Account within 24 hours of making a decision in this matter.
The User has the option to change the email address assigned to the User Account.
In order to delete the User Account, the User is obliged to send to the Administrator’s e-mail address: info@jagodamichalewska.com, an appropriate request to delete the User Account. In the request to delete the User Account, the User must indicate the email address (login) to which the User account is associated
Product License
Through the Website, Users have the opportunity to purchase Products or gain access to Free Products.
By purchasing a Product and/or accessing a Free Product, you are granted a non-exclusive, time-limited license to use the selected Product and/or Free Product.
The license is granted for the period indicated in the description of the Product / Free Product. The sale of the Product may be limited in time in the manner specified on the Website.
You may not sublicense the Products you purchase or obtain Free Products.
Each order of the Product and/or Free Product User is confirmed by the Administrator by means of an e-mail message sent to the User to the e-mail address assigned to the User Account.
The Product and/or Free Product will be made available to the User by teletransmission via an Internet connection, so that the User can use it through their User Account. Upon receipt of confirmation of payment, an email is sent to the User containing information about the access to view the purchased Products and/or Free Products.
The User accesses the Products and/or Free Products by logging into their User Account on the Website.
Payments and Product Price
The User pays for the Product via the Payment System Operator.
You may pay for the Product by one-time payment, prepayment, or periodic installment payments. The terms of prepayment and installment payment are specified in the offer placed on the Website.
If the User chooses a prepayment and installment payment, the amount due for the Fee is collected by the Administrator on a specific day of each month.
The price of the Product is a fee for all digital services and digital content provided. Sales can’t be segmented or modulated. The User receives access to all training resources immediately after placing an order for the Product, so in the case of installment payment, the obligation to pay the Fee does not cease if the User ceases to use the Product for reasons not attributable to the Administrator.
All prices listed on the Website are gross prices, i.e. they include VAT (value added tax) in accordance with the relevant regulations. VAT invoices are issued at the User’s request. In this case, it is necessary to provide invoice data in accordance with the appropriate form. The Administrator may, at the User’s request, charge him with a reverse charge of VAT. In such a case, the User is obliged to inform the Administrator about this fact before purchasing the Product and provide their CH VAT number in the order process.
Payments via the Payment System Operator may be made only by persons authorized to use a given payment instrument on the basis of which the payment is executed, in particular a given payment card may be used only by its authorized holder.
The Administrator provides a transaction form provided by the Payment System Operator. The data from the form are automatically transferred to the Payment System Operator, the Administrator does not have access to them.
In order to make a payment, the User should confirm the payment on the websites of the relevant Payment System Operator in accordance with the rules specified by this Payment System Operator. In the event of making any changes to the payment form made available on these websites and automatically completed by the Payment System Operator, the payment may not be made correctly and may not be delivered to the Administrator, which will result in the User not having access for the purchased Product.
In the case of choosing prepayment and installment payment, if the Administrator fails to collect the funds constituting the remuneration for the Product for reasons attributable to the User, he is entitled to block the User’s access to the Product until the payment is made. In such a case, the User is obliged to immediately pay the installment using another form of payment. Failure to pay the rest of the price or any of the instalments and blocking the use of the Product by the Administrator does not constitute grounds for termination of the Agreement by the User.
All electronic payments are made in accordance with the applicable regulations of the Payment System Operator and the provisions of law, and the Administrator is not responsible for their correctness.
The Administrator reserves the right to refuse to service payments made by the User, in particular in the event of doubts as to the legality of the transaction for which the payment is made or the legality of the payment itself. For the above reasons, the Payment System Operator, as well as its partners who qualify the financial credibility of persons intending to make a payment using a payment card and may therefore diversify the rules of payment service or make certain terms of service dependent on the User’s classification to a given risk group.
The Administrator shall not be liable for delays in the transfer of payments or authorization responses, caused by reasons arising after the User has placed a payment order, as well as for failure to execute and delay in the transfer of due funds or verification of data, in particular caused by the User providing incorrect or incomplete data that prevent the execution of the payment transaction, as well as for delays resulting from the as a result of other events beyond the control of the Administrator or the Payment System Operator.
Terms of Use of Purchased Products
Purchased Products and Free Products received may be permanently marked as coming from the User who made a purchase on the Website or received a Free Product. The Product and Free Product markings do not disclose the User’s personal data, but are only used to identify the origin of the Product and the Free Product in the event of violation of the rules of use of the Product and the Free Product set out in the Terms and Conditions and the law. Thus, each User purchasing a Product on the Website agrees to such designation and undertakes not to take any action to change or deprive a given Product and Free Product of this designation.
The User may use the purchased Products and Free Products for their own use and in accordance with their intended purpose, i.e. play them in electronic devices made available as part of the Website in order to read the content of the work.
You may not reproduce, copy or use the Product and the Free Product (in whole or in part). It is forbidden to change the electronic structure of the Product and the Free Product or make any other modifications (e.g. removal of security features or markings). You may also not distribute the Product or the Free Product, make it available or play it in public.
You must ensure that no unauthorised persons use the Products and Free Products in a manner that is unlawful or contrary to the Terms and Conditions. If such situations are detected, the Administrator may file claims in this respect against the User known to him, for violating the rights to a given copy of the Product and the Free Product. This provision does not apply to Consumers.
The results and revenues demonstrated in the courses and trainings prepared by the Administrator are aspiring statements of possible results. The success of courses and training on the Site, testimonials, and other examples are exceptional results that are not typical of the average person and are not a guarantee that you and others will achieve the same results. Individual outcomes may vary, and yours depend on individual ability, work ethic, business skills and experience, level of motivation, diligence in applying courses, the economy, normal and unforeseen business activities, and other factors.
In order to achieve the correct results assumed by the Administrator, it is necessary to actively use the Products and Free Products, including in particular the performance of the assigned tasks, including independent exercises, active participation in interactive classes and independent work in the manner indicated by the Administrator.
Warranty, Warranty and Complaints
The Administrator excludes, in the widest possible way, the liability under the warranty in relation to Users who are not Consumers.
In the remaining scope, the User who is a Consumer is entitled to all rights related to the warranty. The warranty and the rights related to the warranty are regulated in the provisions of the Act of 23 April 1964 – the Civil Code and in the Act of 30 May 2014 on Consumer Rights.
The Administrator does not provide any guarantee in relation to the services offered by him, as well as in relation to the Products and Free Products offered through the Website.
Any disruptions in the functioning of the Website, comments and suggestions to it, complaints and claims should be sent by e-mail to the info@jagodamichalewska.com address The Administrator shall consider complaints within 14 working days from the receipt of the complaint, and this period may be extended if the consideration of the complaint requires a longer time. The Administrator will inform the User about the resolution of the complaint by e-mail sent to the address indicated by the User during registration.
The complaint should include the User’s designation (name, surname – so that the Administrator can identify the person submitting the complaint) and a description of the objections to the manner in which the service was performed.
After the complaint is positively considered by the Administrator, the User undertakes to immediately delete all copies of the Product to which the complaint relates.
Withdrawal from the Agreement of the User who is a Consumer
A User who is a Consumer who:
If the User is not a Consumer, the right to withdraw from the agreement is excluded in its entirety.
Concluded the Agreement for the supply of digital content with the Administrator,
has consented to the delivery of digital content before the deadline for withdrawal from the Agreement, there is no right to withdraw from the Agreement with respect to the offered digital content, without giving a reason within 14 days from the date of conclusion of the Agreement.
If the User who is a Consumer wants to exercise the right to which he is entitled in accordance with point 10.1. of the Agreement, the right to withdraw from the Agreement, it is necessary to send to the Administrator a statement of withdrawal from the Agreement.
The template of the declaration of withdrawal from the Agreement, which the User who is a Consumer may send to the Administrator, constitutes an attachment to the Terms and Conditions to be downloaded from the website: Form. The Administrator indicates the e-mail address to which the statement of withdrawal from the Agreement should be sent.
Within 3 working days from the date of receipt of the statement of withdrawal from the Agreement, the Administrator shall confirm whether the submitted statement is correct and whether it can be taken into account.
In the event of a correctly reported withdrawal from the Agreement and its acceptance by the Administrator, the User who is a Consumer is refunded the amount of payment made under the concluded Agreement.
The payment shall be refunded within 14 calendar days from the date of submission of the declaration of withdrawal from the Agreement by the User who is a Consumer to the Administrator.
In the statement of withdrawal from the Agreement, the User is obliged to indicate the bank account number to which the payment is to be returned.
Newsletter
The Administrator, after separate acceptance by the User, provides the Newsletter service by means of an e-mail message that is sent to the e-mail address indicated by the User.
The User’s consent to use the Newsletter service is fully voluntary and does not give rise to any additional burdens and obligations on the part of the User.
In order to start using the Newsletter service, the User will be asked to give a separate prior consent and complete the subscription form available on the Website, as well as to provide their name and e-mail address and confirm the subscription by pressing the “I subscribe” button. Providing data is voluntary, but necessary to start using the Newsletter service.
The User is entitled to unsubscribe from the Newsletter at any time and without giving a reason. In order to unsubscribe from the Newsletter, it is necessary for the User to send an e-mail to the Administrator about the resignation from the Newsletter.
The Administrator declares that he reserves the right to discontinue the provision of the Newsletter service at any time and without giving a reason. The User is not entitled to any claims against the Administrator in this respect.
Changes to the Terms and Conditions
The Terms and Conditions and the Privacy Policy are subject to change. The Administrator will inform about changes to the Terms and Conditions and/or Privacy Policy, as well as about the dates of validity of the changes, on its websites. Users who are Consumers will be informed about the amendment of the Terms and Conditions individually to the e-mail addresses indicated by them. In the event of disagreement with the amendment of the Terms and Conditions and/or the Privacy Policy, the User who is a Consumer has the right to terminate the Agreement within 14 days from the date of obtaining information about the change and requesting the Deletion of the User Account by the Administrator. If you use from the Website after this date, the User will be obliged to read the new content of the Terms and Conditions and/or the Privacy Policy and submit a statement of their acceptance.
Disclaimer
The Administrator shall not be liable to the User for any loss or damage incurred by the User in connection with the use of the Website, compliance with the information presented on the Website or contained in the Products under any circumstances, as well as for the consequences of decisions made on this basis. This provision does not apply to Consumers.
The Administrator does not guarantee that the information sent via the Internet will reach the User in an error-free, complete and complete form. This provision does not apply to consumers.
The Administrator – if the defective operation is caused by circumstances beyond the control of the Administrator, which could not have been prevented despite exercising due diligence – he is not responsible for damage caused by the defective operation of the transmission system, including equipment failures, delays and disruptions in the transmission of information, interference of third parties or force majeure.
The Administrator reserves – after prior notification of the User who is a Consumer – the right to temporarily limit access to the Website (in whole or partially) in order to improve it, maintain it or if it is required for security or other reasons beyond the control of the Administrator.
Out-of-court complaint and redress options
The User who is a Consumer has the possibility to use the methods of handling complaints and pursuing claims:
The Consumer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Agreement,
The Consumer is entitled to apply to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Administrator,
The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Administrator, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).
Final provisions
The Terms and Conditions are governed by the laws of Switzerland.
The User is obliged to comply with the content of the Terms and Conditions and the Privacy Policy until they have a User Account and/or a Product, as well as a Free Product.
Any changes to orders for Products and Terms and Conditions must be made in writing under pain of nullity.
In the event that any provision of the Terms and Conditions is held to be invalid, ineffective or unenforceable, the validity, effectiveness and enforceability of the remaining provisions of the Terms and Conditions shall not be affected in any way.
The Administrator reserves the right to transfer or commission all or part of its rights and obligations resulting from the Terms and Conditions, with the proviso that if the Agreement is concluded with the Consumer, this transfer requires the Consumer’s consent. If this right is exercised, the User will be notified of the above-mentioned fact. The User who is a Consumer has the right to terminate the Agreement within 14 days from the date of obtaining information about the change with the effect specified above.