Regulations for purchasing products in the BESTTEACHERSCLUB Store
Sale of products and content
As Bestteachersclub, we are the creator of the content that we can access through our store available at https://www.besttheachersclub.com We are pleased that you have trusted us and interested in shopping in our store. For formalities, our registration data: LinguaChess Limited Liability Company based in Lublin, ul. Relaksowa 12/17, 20 – 819 Lublin, entries in the register of entrepreneurs of the National Court Register granted by the District Court Lublin – Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register Number under KRS: 0000855397, NIP number 7123405809, REGON: 386794937 Below are the regulations in which information was displayed, incl. for purchase and discount costs, payment methods in the store, or complaint inventory. If necessary, we remains at your disposal at e-mail.bestteachersclub@gmail.com
§1 Definitions
1) specifies a person practicing sports, a legal person or an admissible legal person, 2) – a legal person, a legal person admitted to the consumer’s seller not related directly to their business or professional activity, 3) regulations – these, available at https: //www.bestteachersclub. com, 4) Store – an online store available at https://www.bestteachersclub.com, 5) Sale – LinguaChess Limited Liability Company with its registered office in Lublin, ul. Relaksowa 12/17, 20 – 819 Lublin, entries in the register of entrepreneurs of the National Court Register granted by the District Court Lublin – Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register Number under KRS: 0000855397, NIP number 7123405809, REGON: 386794937.
§3 Services provided electronically
1. Through the Store, the Seller provides services to the Buyer by electronic means. 2. The basic service provided electronically to the Buyer by the Seller is enabling the Buyer to place an order in the Store, leading to the conclusion of a contract with the Seller. Placing an order is possible without the need to have an account in the Store. 3. If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting in setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his e-mail address and the password he has defined. 4. Creating an account in the Store is done by selecting the appropriate checkbox in the ordering process or by completing an independent account registration form available in the Store. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account will not delete information about orders placed using the account, which information will be stored by the Seller until the expiry of the limitation period for claims under the contract concluded for through the Store / for the entire duration of the Store’s operation, unless the Buyer objects to the storage of this information beforehand and the Seller has no overriding interest in their storage. 5. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting in sending the Buyer e-mail messages containing information about new products, promotions, products or services of the Seller. Subscribing to the newsletter is made by completing and sending the subscription form for the newsletter or by selecting the appropriate checkbox in the ordering process. The buyer may at any time unsubscribe from the newsletter by clicking the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller. 6. The services are provided electronically to the Buyer free of charge. However, contracts for the supply of digital content concluded via the Store are payable. 7. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take 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. 8. The Seller takes steps to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store. 9. Any complaints related to the functioning of the Store, the Buyer may submit via e-mail to the e-mail address contact.bestteachersclub@gmail.com. In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The seller will consider all complaints within 30 days of receiving the complaint and will inform the customer about its resolution to the e-mail address of the person submitting the complaint.
§4 Intellectual Property Rights
1. The Seller hereby informs the Buyer that the content available on the Store’s website and digital content sold through the Store may constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights, to which the Seller is entitled to copyrights. 2. The Seller hereby instructs the Buyer that further dissemination of content covered by copyright by the Buyer without the consent of the Seller, with the exception of using the content as part of permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.
§5 Concluding the contract
1. The buyer can place an order as a registered customer or as a guest. 2. A registered customer is a Buyer who has an account in the Store. The buyer may set up an account by selecting the appropriate checkbox in the ordering process or completing an independent account registration form available in the store. 3. If the Buyer has an account in the Store, he should log in to it before placing an order. Logging in is also possible when placing an order by clicking on the link available in the displayed message. 4. Placing an order is done by filling in the order form after adding digital content of interest to the Buyer to the basket. It is necessary to provide the data necessary to complete the order in the form. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read in advance. In the event of any doubts regarding the Regulations, the Buyer may contact the Seller. 5. The ordering process is completed by clicking the button finalizing the order. Clicking the button finalizing the order is the Buyer’s declaration of will leading to the conclusion of a contract with the Seller for the supply of digital content, 6. If the Buyer has chosen to pay online when placing the order, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator for payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking the button finalizing the order, he will be redirected to the Store’s website with order confirmation and instructions for making the payment. The payment for the order should be made within 24 hours from the date of the contract.
§6 Payment
1. The only available payment option in the Store is electronic payment. 2. Electronic payments and card payments via the Stripe website – possible current payment methods are specified on the Online Store website in the “Payment methods” tab and on the website http://www.stripe.com. Settlements of transactions with electronic payments and payment cards are carried out according to the Customer’s choice via the Stripe website.
§7 Performance of the contract
1. The execution of the order including digital content takes place by sending to the e-mail address provided by the Buyer in the order form a message containing instructions on how to download or access the purchased digital content. 2. In the case of on-line courses, an account may be created for the Buyer as part of the course platform, and the access data will be sent as part of the e-mail message referred to in paragraph 1 above. 3. In the case of on-line courses, access to the course content may be limited in time, in accordance with the information contained in the course description on the Store’s website. In such a situation, after the indicated period of time, the Buyer will lose access to the course. 4. In the case of on-line courses, the Buyer is obliged to use the course platform in a manner consistent with the law, the Regulations and morality, in particular: 1) use the platform in a way that does not interfere with the use of the platform by other users, without violating 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, 2) not to disclose access data to your account on the platform to any third parties, 3) not to distribute the course or its individual fragments without the prior consent of the Seller. 5. In the event of using the course platform in a manner inconsistent with sec. 4 above, the Seller reserves the right to block the Buyer’s access to the course.
§8 Consumer’s withdrawal from the contract
1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract. 2. Starting from 01/06/2020, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on consumer rights also applies to a natural person concluding a contract with the Seller directly related to his business, if the content of this contract results, that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when under this paragraph, the rights of the Consumer are mentioned, starting from 01/06/2020, these rights also apply to a person who meets the above criteria. The right to withdraw from a distance contract is not granted to the consumer in relation to contracts for the supply of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract. 4. To withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post, fax or e-mail. 5. The consumer may use the model withdrawal form available at https: //www.bestteacherclub/index.php/formularz-odstapienia-od-umowy/, but it is not obligatory. 6. To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of the consumer’s right to withdraw from the contract before the deadline to withdraw from the contract. 7. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from the Consumer immediately, no later than 14 days from the date on which the Seller was informed about the exercise of the right to withdraw from the contract.
§9 Liability for defects
1. The Seller is obliged to provide the Buyer with digital content free from defects. 2. The Seller is liable to the Buyer if the digital content has a physical or legal defect (warranty for defects). 3. If the Buyer finds a defect in the digital content, he should inform the Seller about it, at the same time specifying his claim related to the defect found or by submitting a declaration of appropriate content. 4. The buyer may use the complaint form available at https://www.bestteachersclub/index.php/formularz-reklamacyjny/, but it is not obligatory. 5. The Buyer may contact the Seller via e-mail. 6. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by the means of communication with which the complaint was submitted. 7. Starting from 01/06/2020, the provisions on the Seller’s warranty for defects in the sold item regarding Consumers also apply to a natural person concluding a contract with the Seller directly related to its business activity, if the content of this contract shows that it does not have for this person of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
§10 Personal data and cookies
1. The Seller is the administrator of the Buyer’s personal data. 2. The personal data of the Buyer are processed for the following purposes and based on the following legal grounds: 1) conclusion and performance of the contract – art. 6 sec. 1 lit. b GDPR, 2) implementation of tax and accounting obligations – art. 6 sec. 1 lit. c GDPR, 3) defense, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR, 4) identification of the returning customer, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR, 5) handling inquiries from Buyers who have not yet concluded a contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR, 6) sending the newsletter, after prior consent – art. 6 sec. 1 lit. a GDPR. 3. The recipients of the Buyer’s personal data are: tax offices, an accounting office, a law firm, a hosting provider, an invoicing system supplier, a CRM system supplier, and a mailing system supplier. 4. Due to the use of the MailChimp mailing system, the personal data of Buyers who subscribed to the newsletter are transferred to the United States of America (USA) in connection with their storage on servers located in the USA. The provider of the MailChimp system guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield). 5. The Buyer’s personal data is stored in the Seller’s database throughout the duration of the business in order to ensure the possibility of identifying the returning customer, which, however, may be objected by the Buyer, demanding that their data be deleted from the Seller’s database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer’s data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer’s personal data is kept for the period required by law. 6. The Buyer’s rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to submit a complaint to the President of the Personal Data Protection Office. 7. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to the newsletter. 8. The store uses cookies technology. 9. Details related to personal data and cookies are described in the privacy policy available at https://www.bestteachersclub.com/index.php/privacy-policy/
§11 Out-of-court methods of dealing with complaints and redress
1. The Seller agrees to submit any disputes arising in connection with the contracts for the supply of digital content through mediation proceedings. Details will be determined by the parties to the conflict. 2. The consumer has the option of using extrajudicial means of dealing with complaints and redress. Among other things, the Consumer may: 1) apply to a permanent amicable consumer court with a request to resolve the dispute arising from the concluded contract, 2) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller, 3) use the help of a poviat (municipal) consumer ombudsman or a social organization whose statory tasks include consumer protection. 3. The Consumer may search for more detailed information on out-of-court complaint and redress procedures on the website http://polubowne.uokik.gov.pl. 4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
§12 Final provisions
1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded prior to the change. 2. The Seller reserves the right to amend the Regulations. Agreements concluded before the amendment to the Regulations shall be governed by the Regulations in force on the date of conclusion of the agreement. 3. Any disputes related to contracts concluded through the Store will be considered by the Polish common court having jurisdiction over the place of permanent business activity by the Seller. This provision does not apply to Consumers for whom the jurisdiction of the court is considered on general principles. Starting from 01/06/2020, this provision does not apply to a natural person concluding a contract with the Seller directly related to his business activity, when the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the subject of the performed by her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles. 4. These Regulations are valid from August 31, 2020. 5. All archival versions of the Regulations are available for download in .pdf format – links can be found below the Regulations.