So Emily Website Terms and Conditions
I. Key information about the Website
- The provision of Services via the website www.soemily.com and other internet addresses, i.e. www.soemilyshop.com, www.soemilyclub.com, www.stressreliefprogram.com, hereinafter referred to as the Website – takes place on the terms set out in these Regulations.
2. The Website offers access to free and paid content.
3. The website is run by Emilia Ostrowska – the owner of FP Studio Emilia Ostrowska, based in Warsaw, 02-691, at ul. Obrzeżna 1B / 50, NIP 7221496813, REGON 200205635, entered into the Central Register and Information on Economic Activity of the Republic of Poland, hereinafter referred to as FP Studio, the Seller. Contact e-mail: firstname.lastname@example.org.
4. For the purposes of these Regulations, the following terms are used:
1) Product – video or audio streaming, video or audio file, e-book, on-line consultation or other product available in digital or material form. The product may be available against payment or free of charge, which will be described in detail in the Product. The availability of a given Product may be limited
2) Electronic product – digital content in the form of an electronic file, the format of which depends on the content of the file (e.g. e-book, other materials in the form of pdf, audio / video),
3) User – a person purchasing a product / service or using a free product, i.e. a natural person with full legal capacity, a legal person or an organizational unit without legal personality or a defective legal person,
4) Consumer – a natural person who makes a purchase (concludes a contract with the Seller) for purposes that are not directly related to his professional or business activity,
5) User Account – an individual panel, launched for the benefit of the User by the Seller, after the User has registered and concluded the contract for the provision of the User Account service,
6) Service – a service provided by the Seller to the User within the meaning of the Act on the provision of electronic services,
7) Seller – Emilia Ostrowska running a business as FP Studio Emilia Ostrowska with its registered office in Warsaw, 02-691, at ul. Obrzeżna 1B / 50, NIP 7221496813
8) Website – an online store operating at www.soemilyshop.com, websites at www.soemily.com, www.stressreliefprogram.com, an online platform operating at www.soemilyclub.com
9) Regulations – these regulations, available at www.soemily.com, www.soemilyshop.com, www.soemilyclub.com, www.stressreliefprogram.com
II. The most important information regarding the purchase of paid Products
- The terms of the contract are specified in these Regulations and a detailed description indicated in the description of the product / service.
2. In the event of reservation of promotions and discounts – promotions and discounts do not add up.
3. The prices given are gross prices and include all taxes required by law.
4. Payments for the Product can be made using the following methods available on the Website:
- a) Electronic payments tpay.com are handled by the following payment operator: Krajowy Integrator Płatności S.A., ul. St. Marcin 73/6, 61-808 Poznań, NIP: 7773061579, REGON: 300878437, KRS: 0000412357, share capital: PLN 5,494,980, paid up in full.
b) Payment in the PayPal system is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered in R.C.S.Luxembourg under number B 118 349), with its official seat in Luxembourg, L-2449 or via T-pay (Krajowy Integrator Payments Spółka Akcyjna, ul. Św. Marcin 73/6 61-808 Poznań, KRS 0000412357).
Access to a paid product ends when the license obtained for using a given Product expires. The duration of the license is communicated with the Product description.
IIa. Shopping on the Website
1. The ability to start using the purchased products / services by the User is conditioned by the effective payment.
2. The Products are sold via: www.soemilyshop.com, www.soemilyclub.com, www.stressreliefprogram.com or www.soemily.com.
3. The purchase of the Product is made by following the instructions, it needs, among others:
1) select the Product that the User / Consumer wants to purchase,
2) complete the order form,
3) confirm the acceptance of the Regulations
4) confirm your willingness to pay for the product,
5) make the payment.
Making an effective payment is tantamount to concluding a contract.
IIb. The date and method of delivery of the Products
1. The Product purchased by the User will be made available to the User immediately after the purchase, not later than within 48 hours from the moment of effective payment, among others to the e-mail address provided with the order or as material available on the training platform, subject to the following exceptions:
- In the case of purchasing a Product including on-line consultations, consultations will be carried out after prior arrangement with the User,
- Course materials will be made available systematically in accordance with the course program or according to the dates indicated in the course description. If the User is unable to run the file provided as part of the Course, he should contact FP Studio. After the end of the course, the materials will be available according to the date specified in the Product description.
- If the Product description provides for a different completion date, the rules set out in the Product description shall apply.
1. The seller makes every effort to ensure that the products and services provided are of high quality.
2. The User / Consumer has the right to submit a complaint regarding the purchased products / services.
3. The complaint should be sent to the Service Provider’s e-mail address: email@example.com.
4. The complaint should include:
a) data enabling identification of the User,
b) the subject of the complaint,
c) requests related to the complaint
In the event of an incomplete complaint, the Seller will request the User to complete it under pain of leaving the complaint unrecognized.
5. The Seller will consider the complaint immediately, but not later than within 14 days. The answer will be sent to the e-mail address provided by the User.
In special cases, the time for considering the complaint may be extended, about which the Seller will inform the User at the e-mail address provided by the User.
III. The most important information about free Products / services
- The Seller provides the User with free services:
1) keeping a User Account,
2) sending the Newsletter.
User Account Management Service
1. The Seller allows the User to create an Account for use from the Seller’s Products / Services.
2. For this purpose, the User is obliged to register free of charge and set up an Account using an individual, active e-mail address. It is necessary to accept the Regulations to create an Account.
3. An e-mail confirming the registration will be sent to the e-mail address provided during registration, along with an activation link enabling the setting of an individual password for the Account. At this moment, an agreement for the provision of a free service by electronic means is concluded, under which the User obtains the possibility of accessing the User Account.
4. Logging in to the Account takes place using an individual Login and Password. The user should take care of the confidentiality of the above-mentioned. data and not to disclose them to third parties.
5. The contract is concluded for an indefinite period.
6. The User may submit a request to delete the Seller’s User Account at any time by sending an e-mail to this end with a statement on termination of the Account maintenance agreement. A similar application applies to the termination of the contract by the Seller in situations specified in the Regulations.
7. Deleting the User Account may make it difficult or impossible for the User to use the Products.
Newsletter sending service
1. The Newsletter service is provided free of charge by the Seller. The service may be used by any User who enters his e-mail address via the form provided by the Seller. The contract for the provision of services is concluded upon confirmation of subscription to the Newsletter list. The User may unsubscribe from the Newsletter subscription service at any time by clicking on the link intended for this purpose or by contacting the Seller for this purpose.
IV. Technical conditions regarding the Services / Products, both paid and free:
- To access the Services / Products, the User must have:
a) a device with an up-to-date web browser supported by the manufacturer,
b) standard operating system,
c) Internet access,
d) active e-mail address
2. Due to the fact that the purchased products can be in PDF *, doc *, mp3 *, mp4 * format, the User is obliged to have programs that will support the mentioned files (the Seller does not provide such programs).
3. Materials available as part of the Services / Products may be secured with the Microsoft PlayReady technology. To play them (online streaming), it is necessary to install the Microsoft Silverlight program (plugin) on the User’s device and fulfill other requirements.
4. The materials available as part of the Services / Products have Polish and English (selected) language versions. Depending on the material, it may be, for example, a teacher in Polish or English, Polish or English dubbing or subtitles in Polish or English displayed on the device screen.
5. The quality of the played materials may depend on the technical parameters of the Internet connection and the technical parameters of the device on which the materials are played. The Company does not guarantee that there will be no problems with access to the Services (e.g. as a result of blocking Access despite using it in accordance with the Regulations). Such cases, along with their detailed description, should be reported to the Customer Service Office at firstname.lastname@example.org, where they will be considered individually. Technical problems or technical limitations occurring on the computer equipment used by the User (firewalls – blocks, incorrect versions of the multimedia file player, anti-virus programs and others) may limit or allow the User to access the Services and Products on the Website.
6. The use of the Products offered by the Seller may require a User Account on the platform where the Products are available.
7. Due to the fact that when using the Products and services of the Seller, the User uses the Internet at the same time, which is associated with the possible risk of obtaining and modifying data by unauthorized persons – the User should use technical measures that will minimize this risk, e.g. use antivirus and identity protection programs.
V. Withdrawal from the contract
1. The provisions regarding the right to withdraw from the contract apply only to Consumers.
Va. No right to withdraw from the contract
1. The right to withdraw from the contract does not apply if:
a) The User has consented to the Seller starting the delivery of the electronic product before the deadline to withdraw from the contract,
b) The User has consented to the full performance of the service before the deadline to withdraw from the contract, knowing that he will lose the right to withdraw from the contract.
Vb. Possibilities and dates of withdrawal from the contract
1. In the absence of the circumstances indicated in point Va above, the User has the right to withdraw from the contract within 14 days without giving any reason and without incurring costs.
2. In order to exercise the right to withdraw from the contract, the User should inform the Seller about it by sending an e-mail or letter to the address indicated in point I.3 of the Regulations (Exemplary content: I withdraw from the contract concluded on …, regarding the purchase of a product / provision of services … . (description of what the contract relates to); ……… (here indication of date, name, surname / other identification data).
More information can be found in Annex 1 to the Regulations.
VI. Final Provisions:
1. The offer indicated on the Website does not constitute the Seller’s offer within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
2. The User is obliged to:
a) use the platform in a way that does not interfere with the use of the platform by its other users, does not violate any rights, goods or interests of third parties, which does not adversely affect the functioning of the platform, especially through the use of malicious software,
b) not to share access data to your account on the platform with any third parties,
c) not to distribute the course or its individual fragments without the prior consent of the Seller
3. It is forbidden for the User to provide illegal content and to act to the detriment of the Seller / Service Provider, including using the Website in a manner that is against the law, decency or infringing personal rights of third parties.
4. Any attempts to break into the Website (including in the scope of the Services / Products offered) and use them in a manner inconsistent with the Regulations or applicable regulations may result in the termination of the contract and taking appropriate legal steps.
5. The copyrights to the content and materials contained on the Website within the scope of the functioning of this Website are owned by FP Studio or another entity to which FP Studio has granted a license. Recording, copying or interference by the User in the content and materials posted on the Website are prohibited.
a) The Seller hereby informs the User that the content of the Website, services, products, on-line courses, digital content available on the Website, as well as text, graphic and photo materials included in the products are protected by copyright, and the Seller is entitled to copyrights
6. In order to ensure the safety of the User and the transfer of data in connection with the use of the Website, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
- a) The administrator of the User’s personal data is the Seller.
b) The User’s personal data is processed for the purpose of handling orders, the User’s account and possible defense, investigation or determination of related claims with contracts concluded via the Website.
d) Personal data of Users using the Website are collected, used and protected in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws No. 133, item 833, as amended).
The Seller is not responsible for the results and results achieved as a result of using the Services / Products or advice indicated on the Website. There is always a probability that the User’s actions will not bring the expected results, the Seller does not guarantee that the results will be similar to those presented / presented. The information on the website is only an expression of the author’s personal views and does not constitute a “recommendation” within the meaning of the law or individual advice. Any decisions and actions are taken by the User at his own risk.
8. Amicable settlement of disputes and consideration of complaints:
The consumer may turn to:
a) a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract
b) the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the User and the Seller,
c) a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection and obtain assistance in the matter of a contract
9. The Seller reserves the right to amend the Regulations. For contracts concluded before the entry into force of the new Regulations, the version of the Regulations in force on the date of the conclusion by the User of the Agreement will apply.
10. For unregulated matters, the relevant provisions of the Civil Code, the Consumer Law Act, the Act on the provision of electronic services shall apply.
Annex 1 to the Regulations
MODEL NOTICE ON WITHDRAWAL FROM THE CONTRACT
The User may withdraw from the contract within 14 days without giving any reason.
The deadline to withdraw from the contract will expire after 14 days from the date of the contract or within 14 days of Product delivery.
In order to withdraw from the contract, to the following address: email@example.com
or another one provided in chapter I.3 of the Regulations, a declaration of withdrawal from the contract should be sent.
The User may use the exemplary model withdrawal from the contract (chapter Vb.2 of the Regulations), but it is not obligatory.
To meet the deadline for withdrawal from the contract, you must send information regarding the exercise of the right to withdraw from the contract before the expiry of the said deadline
to withdraw from the contract.
Consequences of withdrawal from the contract
In the event of withdrawal from this contract, all received payments will be returned immediately, no later than within 14 days from the date on which the User informed the Seller about the decision to exercise the right to withdraw from this contract. The User does not bear the fees related to the return resulting from the exercise of the right to withdraw from the contract with the Seller.
If the User has requested the commencement of the provision of services before the deadline to withdraw from the contract, it is necessary to settle the amount proportional to the scope of services provided until the User informed the Seller on withdrawal from this contract.