Terms of service

REGULATIONS OF THE WEBSITE www.magicbook.pl




I. GENERAL PROVISIONS


  1. Website operating at:agicbook.pl is run by: University Of Ecom spółka z ograniczoną odpowiedzialnością, M. Józefa Piłsudskiego 31A/15, 72-300 Gryfice, NIP: 8571941295, REGON: 540707684, KRS: 0001151152


  1. These Regulations are continuously available on the website www.magicbook.pl, in a way that makes it possible to obtain, reproduce and record their content by printing or saving on a medium at any time.


  1. Website www.magicbook.ploperates under the principles set out in these Regulations.


  1. The Regulations specify the types and scope of services provided electronically by the Website www.magicbook.plrules for the provision of these services, conditions for concluding and terminating contracts for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.


  1. Each Service Recipient takes steps to use the Electronic Services of the website www.magicbook.pl., is obliged to comply with the provisions of these Regulations.


  1. The condition for placing an Order on the Website by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.


  1. Website www.magicbook.pl conducts retail sales of Products via the Internet in Poland and other European Union countries.


  1. The products offered on the Website are new, free from legal defects and have been legally introduced to the Polish market.


  1. All trade names, Product names, company names and their logos used on the Website at www.magicbook.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the website of the Service at www.magicbook.plare used for informational purposes.


  1. The Company informs that the use of services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer's IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate measures

technical measures that will minimize their occurrence, in particular antivirus programs and a firewall.



II. DEFINITIONS


Whenever the following phrases are used in these Regulations, they mean the following:


  1. University Of Ecom limited liability company, M. Józefa Piłsudskiego 31A/15, 72-300 Gryfice


  1. Service: Service Provider's website operating at www.magicbook.pl


  1. Agreement: an order for an Online Training or a Product offered on the Website placed by the Customer by completing the Form and accepting these Regulations in response to the offer submitted by the Representative on behalf of the Company or available on the website www.magicbook.pl.


  1. Order: the Customer's declaration of will, aimed directly at concluding the Agreement, specifying in particular the type and number of the Product or Service.


  1. Customer: a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store.


  1. Consumer: Customer who is a natural person, concluding the Agreement for purposes not directly related to his business or professional activity.


  1. Fee: the Company's remuneration for the Services provided to the Client indicated on the website or through the Representative on behalf of the Company.


  1. Materials: any content provided to the Client in any form during or in connection with the Online Training.


  1. Product: a product presented in the Online Store, the description of which is available for each of the presented products;


  1. Service: courses indicated in the Form constituting physical or mental activities (including training, sessions) presented and delivered by the Company or an Associate of the Company.



  1. Business Days: days of the week from Monday to Friday, excluding public holidays.


  1. Regulations: these regulations.


  1. Newsletter – an electronic service that allows the Website user to subscribe and receive free information from the Company, as well as marketing content, to the e-mail address provided by him or via the Messenger platform. The Website User must voluntarily consent to receiving the above-mentioned content as part of the Newsletter.


  1. RULES FOR USING THE WEBSITE


  1. The use of the Website is possible provided that the IT system used by the Customer meets the following minimum technical requirements:


  1. computer or mobile device with Internet access,


  1. access to e-mail,


  1. Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,


  1. enabling Cookies and Javascript in the web browser.


  1. Using the Website means any activity of the Customer that leads to him becoming familiar with the content contained on the Website.


  1. The customer is obliged in particular to:


  1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,


  1. use the Website in a way that does not interfere with its functioning, in particular through the use of specific software or devices,


  1. not to take actions such as: sending or posting unsolicited commercial information on the Website (spam),


  1. use the Website in a way that is not inconvenient for other Customers and the Company,


  1. use all content posted on the Website only for your own personal use,


  1. use the Website in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.




IV. TYPE AND SCOPE OF ELECTRONIC SERVICES. TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES


  1. The Company enables the use of free Services via the Website, which are provided by the Seller 24 hours a day, 7 days a week.


  1. The service of maintaining an Account on the Website is available after registration, e.g. when concluding the Agreement. Registration takes place by completing and accepting the registration form available on one of the pages of the Website or pages directly linked to the Website. The contract for the provision of the service consisting in maintaining an Account on the Website is concluded on time

unmarked and terminates when the Customer sends a request to delete the Account or uses the "Delete Account" button.


  1. The Company has the right to post advertising content on the Website. This content constitutes an integral part of the Website and the materials presented therein.


  1. The company has the right to organize occasional competitions and promotions, the terms of which will be published each time on the Website. Promotions available on the Website cannot be combined, unless the Regulations of a given promotion provide otherwise.


  1. If the Customer violates the provisions of these Regulations, the Seller, after an ineffective request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.




  1. TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS


  1. Information about Products and Services provided on the Store's websites, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.


  1. All Products available in the Online Store are brand new, free from physical and legal defects and have been legally introduced to the Polish market.


  1. The condition for placing an Order is to have an active e-mail account.


  1. If an Order is placed via the Order form available on the Website or via the Cart or in direct payment portals used by the Company, the Order is submitted to the Company by the Customer in electronic form and constitutes an offer to conclude the Agreement which is the subject of the Order.


  1. An offer submitted in electronic form is binding on the Customer at the time of placing the Order and paying the Fee or (in the case of installment payment) making the advance payment.


  1. By making a purchase, the Customer confirms that he or she has read the Regulations and the Privacy Policy available on the Website.


  1. Placing an Order on the Website via telephone or by sending an e-mail takes place on Business Days and at the hours indicated on the Website. For this purpose, the Client should:


  1. provide in the content of the e-mail sent to the Company the name of the Product or Service from among the Products or Services available on the website and its quantity,

  2. indicate the delivery method and payment method from among the delivery and payment methods provided on the Website,


  1. provide the data needed to complete the Order, in particular: name and surname, place of residence, telephone number and e-mail address.


Information on the total value of the Order referred to in the point above is provided each time by the Company or its Representative by e-mail, along with the information that the conclusion of the Agreement by the Customer entails the obligation to pay for the ordered Product or Service - at that moment the Agreement is concluded.


  1. In the case of a Customer who is a Consumer, each time after placing an Order, the Company's Representative sends the Customer confirmation of the terms of the placed Order via e-mail.


  1. The Agreement is concluded upon acceptance of the content of the sent Order and thus consents to its implementation and accepts the content of the Regulations and confirms reading the instructions on withdrawal from the Agreement.


  1. After concluding the Agreement, the Company Representative confirms its terms to the Customer by sending them to the Customer's e-mail address.


  1. The contract is concluded in Polish, with content consistent with the Regulations.




VI. CONDITIONS OF PARTICIPATION IN ONLINE TRAINING


  1. The conclusion of the Agreement by the Customer is tantamount to a declaration by the Customer, who thus declares that he is familiar with the subject, scope and purpose of the Online Training.



  1. The company is in no way responsible for the unauthorized use or exploitation of its company logo, educational materials and products and other materials by third parties for their own purposes.


  1. The conclusion of the Agreement by the Customer entitles him to:



  1. receiving the Materials, if they are provided as part of the purchased Online Training.



  1. The Client is not entitled to record or record the course of the Online Training in any way, except for handwritten, written notes.

  2. The Customer acknowledges that the course of the Online Training may be audio-video recorded by the Company, Representative or entity acting on their behalf. The Client consents to the recording of his/her image and for the Company or Representative to introduce media on which the Client's image will be recorded.

  3. In the case of booked and paid Seminars in which the Client cannot participate, he is entitled to transfer the right to participate in them to the person indicated by him, provided that he notifies the Company or the Representative


about the above no later than 14 (fourteen) Business Days before the start of the Online Training, providing the contact details of the indicated person and paying an additional fee of PLN 100 (one hundred) gross. The Company is entitled to request that the person indicated by the Customer submit a declaration that he or she has read the Regulations and, with the consent of this person, obtain other consents indicated in the Form.

  1. The consumer acknowledges that in accordance with Art. 38 point 12 of the Act of May 30, 2014 on consumer rights (Journal of Laws 2014.827), he is not entitled to the statutory right to withdraw from the contract.


  1. Subject to the provisions of the Agreement and the provisions of mandatory law, in the event of the Customer's resignation from participation in the Online Training, the Customer is not entitled to a refund of the Fees paid, and additionally, in the situation referred to in Chapter VI point 15(b), the Company reserves the right to claim from the Customer an additional payment up to the full amount of the Fee.



VII. PRICES, PAYMENT METHODS, INVOICES


  1. Prices of Products and Services are given in Polish zlotys (PLN) and include all components, including VAT, customs duties and other fees.


  1. In the case of Products that are movable items, the price does not include delivery costs.


  1. The Product price displayed on the Website is binding at the time the Customer places the Order. This price will not change regardless of price changes on the Website that may appear in relation to individual Products after the Customer places the Order.


  1. Products on sale (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until stocks of a given Product are exhausted.


  1. The website processes orders placed from Monday to Sunday (7 days a week) automatically, 24 hours a day.


  1. The customer has several payment methods available - depending on the type of Offer on the website (Product or Service):


  1. electronic payment (in this case, the execution of the Order will begin after the Company Representative receives information from the settlement agent's system about the payment made by the Customer, and the delivery will be made immediately after completing the Order);


  1. On the Store's website, the Seller informs the Customer about the date by which he is obliged to make payment for the Order. If the Customer fails to pay within the period referred to in the previous sentence, the Company Representative, after an ineffective request for payment and setting an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.


  1. Full payment for the Online Training must be made prior to the start of the Online Training. The payment date is the date on which the funds are credited to the Company's bank account.


  1. Persons purchasing the company's products and services declare that they consent to sending VAT invoices and VAT invoice corrections electronically.

  2. Persons who want to receive a VAT invoice for purchased services are obliged to report this fact by the 15th day of the month following the month in which the money was transferred to the Company's account by e-mail: kontakt@magicbook.pl


  1. In the case of issued VAT invoices, the refund of amounts paid to the Company takes place after the Company receives a correction of the VAT invoice signed by the person to whom the refund is to be made.



VIII. CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES



  1. The right to withdraw from the Agreement by the Consumer is excluded in the case of:


  1. provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement;


  1. an Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;


  1. Agreements in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to meet his individual needs;


  1. Contracts in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;


  1. An agreement in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;


f. Agreements in which the subject of the provision are Products which, after delivery, due to their nature, are inseparably connected with other items;


  1. Agreements in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control;


  1. Agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;

  2. Contracts in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;


  1. Agreement concluded by public auction;


  1. Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;


  1. Agreements for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the Agreement expires and after the Seller informs him about the loss of the right to withdraw from the Agreement.






  1. COMPLAINTS CONCERNING PRODUCTS UNDER WARRANTY


  1. The Seller undertakes to deliver Products without defects.


  1. The Seller is liable to the Customer, including the Customer who is a Consumer, under the warranty for defects in accordance with the principles set out in Art. 556 – 576 of the Civil Code.


  1. Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the e-mail address: kontakt@magicbook.pl



  1. The Seller undertakes to consider each complaint within 14 days.


  1. If there are any deficiencies in the complaint, the Company will request the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.


  1. The response to the complaint is sent to the e-mail address provided by the Customer or in another manner provided by the Customer.



  1. COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS


  1. The Customer may submit complaints to the Company in connection with the operation of the Website and the use of the Services. Complaints can be submitted in writing to the following e-mail address: kontakt@magicbook.pl


  1. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.


  1. The company undertakes to consider each complaint within 14 days, and if this is not possible, to inform the customer within this period when the complaint will be considered. If there are any deficiencies in the complaint, the Company will request the Customer to complete it to the extent necessary within 7 days from the date of receipt of the request by the Customer.


  1. A response to the complaint is sent to the e-mail address provided by the Customer or in another manner provided by the Customer;


  1. INTELLECTUAL PROPERTY


  1. All content posted on the website at www.magicbook.pl is protected by copyright and is the property of University Of Ecom limited liability company, M. Józefa Piłsudskiego 31A/15, 72-300 Gryfice, (e-mail): kontakt@magicbook.pl. The Service Recipient is fully liable for any damage caused to the Service Provider resulting from the use of any content of the website www.magicbook.pl without the consent of the Service Provider.


  1. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content of the website www.magicbook.pl constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.


  1. All intellectual property rights used during or in connection with the Online Training are and remain the property of the Company or the Representative, which means that in connection with the Client's participation in the Online Training, no intellectual property rights will be transferred or assigned to the Client, but belong only to the Company, the Company's Associates, and the Representative.


  1. Any Materials provided or made available to the Client during the Online Training may be used by the Client solely for personal use for educational and training purposes. In particular, the Customer is prohibited from duplicating the Materials and selling or transferring the Materials or any other intellectual property items owned by the Company, the Company's Associates or the Representative to third parties.


  1. FINAL PROVISIONS


  1. Agreements concluded via the Website are concluded in accordance with Polish law.


  1. In the event of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.


  1. Any disputes arising from Agreements between the Website and the Customer will be resolved first through negotiations, with the intention of amicably ending the dispute. However, if this would not be possible or would be unsatisfactory for any of the parties, disputes will be resolved by the competent common court, in accordance with point. 4 of this chapter.


  1. Judicial dispute resolution:


Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended). b) Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer shall be submitted to the court having jurisdiction over the seat of the Service Provider.


  1. The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:


  1. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;


  1. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Company;


  1. may obtain free assistance in resolving the dispute between the Customer and the Company, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address advice@dlakonsumentow.pl;


  1. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.


  1. Personal data protection


  1. The administrator of the personal data provided is University Of Ecom limited liability company, M. Józefa Piłsudskiego 31A/15, 72-300 Gryfice kontakt@magicbook.pl ("Administrator"). The Administrator processes personal data in accordance with the Privacy Policy available at www.magicbook.pl and generally applicable law, in order to perform the contract concluded by the User with the Administrator, for other purposes permitted by law and for purposes for which the Customer has expressed explicit, voluntary consent. The customer has the right to inspect his/her data, correct it and delete it, in accordance with applicable regulations.


  1. The Privacy Policy is easily available on the Website 24 hours a day, 7 days a week.



  1. Final provisions


  1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations.

  2. The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.


  1. The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.


  1. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.


  1. Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.