Shop Online Regulations

Regulations of the Internet Shop – www.matysiewicz.com

General information

The Internet store is run by Łukasz Matysiewicz running his business under the company matysiewicz.com – Studio Graphic Studio Łukasz Matysiewicz, Al. Zwycięstwa 241/13, 81-521 Gdynia, NIP: 7182046157, REGON: 369910851.

If you have any questions or doubts about the functioning of the On-line store or want to make a complaint, write to: lukasz@matysiewicz.com or contact us before the Contact form.

Through the Store, the Seller sells the Products and provides other services to the Customer electronically, and the Customer may purchase them from the Seller. The terms and conditions of using the Store and the rights and obligations of the Seller and the Client are specified in these Regulations

Prices in the Shop are given in US dollars and are gross prices (including VAT). The price is also expressed in Polish zloty (PLN) and the Customer may pay the price in this currency. The price presented in Polish zloty is converted from the U.S. dollar twice a day, every day, using the exchange rate of the National Bank of Poland for the day. The VAT included is the tax applicable to the sale of the Product in Poland. If the Customer is required by law to pay VAT at the place of residence/seat, this will be taken into account when recalculating the price when placing an order and completing the “Billing Country” field.

Definitions

Customer – a natural person, a legal person or an organizational unit which is not a legal person, whose special provisions grant legal capacity, using the Store, setting up or having an account in the Store, as well as placing an Order as part of the Store and making purchases through the Store, on the principles specified in these Regulations.

Consumer – a natural person performing with the Seller a legal action not directly related to his business or professional activity, as well as a natural person concluding an agreement directly related to his business activity, if the content of this agreement indicates that he does not have a professional character for this person, resulting in particular from the subject of his business activity (PKD). (The inclined part of the definition will apply to these Regulations from 1 January 2021, in connection with the entry into force of Article 38a of the Act of 30 May 2014 on Consumer Rights).

Account – Customer’s account established in the Internet Shop.

Payment – payment to the Seller’s account via the payment methods available in the Store.

Electronic product – constitutes digital content within the meaning of Article 38 of the Act on Consumer Rights of 30 May 2014.

Product – Services, goods, materials including those manufactured and delivered in digital form (Electronic Products), purchased or intended for sale in the Store, in particular e-books, electronic documents, materials made available on the Store’s subpages, training, consultations, individual services, as well as physical products. The Products are sold against payment, unless explicitly stated otherwise.

Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, to which a separate act grants legal capacity, performing in its own name the business activity which uses the Store.

Regulations – these Regulations

Internet Shop or Store or Website – an Internet store available at https://matysiewicz.com/ and on its respective subpages where the Customer may place Orders and conclude contracts with the Seller.

Seller – Łukasz Matysiewicz conducting business activity under the company matysiewicz.com – Graphic Studio Łukasz Matysiewicz, Al. Zwycięstwa 241/13, 81-521 Gdynia, NIP: 7182046157, REGON: 369910851.

Order – a declaration of will submitted through the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller and providing services to the Customer, under conditions indicated in these Regulations.

Terms of use for the Store

In order to purchase and use the purchased electronic product it is not required to have computer equipment with special technical conditions or other devices by the Customer.

At least possession is sufficient to use the Shop:

A device with access to the Internet,

The installed and current operating system and Internet browser, in particular supporting the relevant cookies,

Active Account in the Shop, if you want to use some of the purchased Products, in particular online courses, training.

Active e-mail account (e-mail) and access to it,

Adobe Photoshop software package or its equivalent.

If the Client is not able to run a file covering the purchased material despite meeting the above conditions, and in case of other technical problems, please contact the Seller at the indicated e-mail address lukasz@matysiewicz.com.

The Customer is prohibited from using several accounts, accounts of other customers, sharing his or her account with others, as well as providing and transmitting content prohibited by law and spam within the Shop, in particular within the forms available in the Shop.

The Customer is obliged to use the Store in a manner consistent with the law and good manners, respecting personal rights, intellectual property rights and copyrights of the Seller and third parties.

Services provided by electronic means and conditions of contract conclusion

Through the Store, the Seller provides services to the Customer by electronic means.

The Seller provides the Customer with a service consisting in registering and maintaining an Account and providing the Customer with access to the Account by means of logging in, if the Customer has decided to establish such an Account. This service is provided to the Customer free of charge for an indefinite period of time from the moment of effective registration of the Account. The Customer has the opportunity to delete the Account at any time and without giving any reason, by sending an appropriate request to the Seller, in particular by e-mail.

The Seller also provides the Client with a service in the form of sending a newsletter, if the Client has agreed to it, this service is provided free of charge in connection with the consent given. Details concerning sending a newsletter, subscription, resignation from receiving it are described in the Privacy Policy.

The Seller also provides the Client with a service consisting in enabling the Client to conclude a contract for delivery of the Electronic Product with the Seller by electronic means. This service is provided free of charge, within the price paid for placing an Order.

The Seller undertakes actions to ensure fully correct functioning, and the Customer, if he considers it appropriate, may inform the Seller of any irregularities or interruptions in the functioning of the Store.

In case of Customers who are not Consumers, the Seller may terminate the contract for the provision of services by electronic means consisting in maintaining the Customer’s account or deprive him of the right to place Orders with immediate effect and without indicating the reasons by sending to the Customer an appropriate statement, also by electronic means to the e-mail address provided by him for the registration of the Account.

In the case of Clients who are Consumers, the Seller may terminate the agreement for the provision of electronic services and delete the Client’s account or deprive him of the right to place Orders at any time with a 14-day notice period, with the rights acquired by the Client before the termination of the agreement.

In the case of Customers who are Consumers, the Seller, for important reasons with immediate effect, may terminate the agreement for the provision of electronic services and delete the Customer’s account, as well as deprive the Customer of the right to place Orders, in the case of a significant and gross violation by the Customer of the provisions of these Regulations, in particular if the Customer uses the Store and the Account in a manner inconsistent with the provisions of law or the provisions of the Regulations and contrary to good manners and the purpose of the Account and the Store, in a manner burdensome for other Customers and for the Seller, copies Products and Services of the Seller or makes them available to third parties without the Seller’s consent, provides the Seller with data inconsistent with the actual legal status, incorrect, inaccurate or violating the rights of third parties, or violates or tries to violate the technical security of the Store and the Account in order to gain unauthorised access to its resources.

The Customer may at any time, without giving any reason, demand removal of the Account by contacting the Seller via e-mail lukasz@matysiewicz.com.

The parties may also terminate the contract for the provision of electronic services by agreement of the parties at any time.

As a result of Account deletion, the Customer loses access to all Products and resources previously available in his or her Account, in particular training and courses which are only accessible through the Customer’s Account.

In order to delete the Account, the Client may contact the Seller electronically.

Creating an Account, registration

In order to create an Account, the Client should fill in the registration form and accept the Regulations. To the e-mail address provided by the Client, information related to the established account, which the Client can already use, will be sent. The Client may set up an account while placing an order and check the option “Create account?

The Client logs into the Account via e-mail or login and password. At any time he can also generate a new password in case of forgetting or losing the previous one.

Creation of an individual Account is necessary to use some Products, including in particular training courses, online courses, but the Seller will inform the Customer about it in the description of the Product.

Terms and conditions of contract

The client can place an order as an unregistered user or as a registered user subject to online courses. The registered Customer is the one who has an Account in the Store. The Customer may create an account at the stage of placing an order or independently of placing an order.

Orders in the Shop can be placed seven days a week, twenty four hours a day.

The customer places an order by adding the product to the shopping cart.

After placing the products in the basket, the Customer has the possibility to verify the products added to the basket, including their possible deletion, quantitative changes. At this stage, the Customer may return to make further purchases or proceed to pay for the order by clicking the appropriate buttons.

After the customer goes to the payment, he is redirected to the order form “Payment details”, in which it is necessary to fill in and provide the data necessary to complete the order. These data are: name, surname, country of residence/seat, e-mail address, NIP, data for issuing a VAT invoice.

The condition for placing an order, mentioned above, is the acceptance of the Regulations, with which the Client should be acquainted in advance, as well as the consent to provide digital content before the deadline for withdrawal from the contract. In case of any doubts concerning the Regulations, the Client may contact the Seller.

After choosing the payment method and informing the Customer about the total gross amount, the Order is placed by clicking the “Continue with Paypal” field or other equivalent wording.

When placing an Order until the moment of clicking the “Continue with Paypal” button, the Customer has the possibility to change the personal data placed by him/her, the Products he/she has selected, as well as the form of payment.

Clicking the “Continue with Paypal” field is a declaration of the Client’s will to conclude a contract with the Seller, in accordance with the content of these Regulations. It also means that the Client is aware that concluding the agreement is connected with the obligation to pay the due payment to the Seller.

Payment should be made in accordance with the previously made choice as to the form of payment available in the Store, immediately after placing an Order.

The agreement for delivery of digital content in the form of the Product selected by the Customer is concluded between the Customer and the Seller at the moment of effective payment.

Confirmation of the order will be sent by e-mail to the address provided by the Customer in the Order Form.

Within the framework of the contract concluded in accordance with the provisions of these Regulations, the Seller provides the Customer with digital content in the form of the Product selected by the Customer directly from the website and in an automatically sent e-mail message, in which there is a link allowing downloading the purchased Product.

The Seller is not responsible for failure to meet technical conditions while using the purchased Product, and is not obliged to provide any additional assistance to the Customer while using the Product.

If a different date or method of delivery of the Product is indicated in the Product description on the Store’s website, the rules indicated in the description apply.

In the case of other individual services, in particular the execution of the website, which are requested by the Customer and available in the Store – further stages of the service, terms and conditions of the agreement will be individually agreed by the parties.

Product prices and payment methods

The Seller reserves the right to introduce new products and withdraw existing ones, change prices of the Products, as well as to carry out promotions and give discounts, and to temporarily offer the Products free of charge.

The above paragraph does not affect Orders that were placed before the effective date of any change. Details and duration are included in the description of the Product.

The duration of each promotion is limited. Discounts and promotions do not add up, unless the Seller decides otherwise in the description of a given Product or Promotion.

The prices indicated in the Shop are gross prices, including VAT.

When paying for the Product, the Customer may use the discount coupons he is entitled to by clicking in the field “Click here to add a code” and then enter the code in the field “Coupon code” and click “Apply coupon”. The discount will be added automatically.

Each Order is issued with an invoice (personal or company name, if company details have been provided) in an electronic version, which is sent to the Customer automatically by e-mail, to which the Customer hereby agrees.

The Customer may choose the following forms of payment for the ordered Goods:

Electronic transfer or payment by debit or credit card through PayPal’s external payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg,

After clicking on the final button “Continue with Paypal”, the customer selects the form of payment and is automatically redirected to the payment window operated by an external supplier to make payment for the order.

Complaint and guarantees

The Seller shall deliver the Product free from defects.

The Customer may make complaints regarding the purchased Product or the process of placing and completing the Order itself.

The complaint should be sent to the e-mail address lukasz@matysiewicz.com.

A complaint should contain data enabling the identification of the Customer, his or her purchase, the subject of the complaint and demands related to the complaint, in particular the type and date of occurrence of the defect, demands for the manner of bringing the Product into conformity with the Agreement or a statement on price reduction or withdrawal from the Agreement.

In the case of receiving an incomplete complaint, the Seller shall call the Customer to supplement it under pain of leaving the complaint unrecognized.

The Seller will respond to a complete complaint within 14 days from the date of delivery of the complaint in a message sent to the Client’s e-mail address or correspondence address given by the Client in the complaint.

The Seller will process the Client’s personal data in order to consider the complaint.

In the case of selling the Product in trade between entrepreneurs on the basis of art. 558 § 1 of the Civil Code, the parties exclude the responsibility of the Store on account of warranty for physical and legal defects of the item.

The warranty for the Product is not granted.

Termination of the Agreement by the Consumer

If, prior to ordering the Product, the Consumer agreed to perform the contract and provide him with digital content in accordance with Article 38 of the Act on Consumer Rights in the form of a purchased Product before the expiry of the deadline for withdrawal from the contract, he loses the right to withdraw from the contract concluded with the Seller and the following points do not apply to him.

In other case than specified above, the Client being a Consumer has the right to withdraw from the contract under the following conditions.

A consumer who has concluded a remote contract with the Seller may withdraw from the contract within 14 days from the date of concluding the contract for provision of services,

Withdrawal from the contract is effected by the submission of an appropriate statement by the Consumer to the Seller, which may be sent to the e-mail address lukasz@matysiewicz.com. It is sufficient for the Consumer to send information about his willingness to exercise his right of withdrawal from the contract before the expiry of the deadline for withdrawal from the contract.

The Seller, not later than within 14 days from receiving the Consumer’s statement of withdrawal from the contract, shall return all payments made by him to the Consumer. The return of payments shall be made using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer clearly indicates another solution. The Consumer shall not bear any fees in connection with the form of payment return.

Intellectual property rights, license, copyrights

All materials, content, services, Products available in the Store, in particular the subject of the contract between the Seller and the Customer, are works within the meaning of the Act of 4 February 1994 on copyright and related rights and are subject to legal protection and constitute intellectual property of the Seller.

The Seller grants the Customer a non-exclusive and non-transferable license, without the right to grant sub-license for the use of the subject of the contract between the Seller and the Customer. Within the framework of the agreement, the Customer is authorized to use the Product only for his own needs, without territorial limitations, in the following fields of exploitation:

in terms of recording a song – recording by digital technique,

The remuneration for granting the licence is included in the payment made by the Client.

The granted license does not cover both the whole Product and its part, in particular:

making the Product available and presenting it to third parties,

publikowania Produktu niezależnie od formy publikacji, z wyjątkiem przypadków dozwolonych przez instrukcje lub komentarze,

copying, duplicating for purposes other than personal use.

In the case of intention to use the Product in a manner inconsistent with the one indicated in these Regulations, the Client is obliged to obtain written consent of the Seller.

The Seller may update Products, in particular Electronic Products.

The customer agrees to place his logotype/log/ company in the list of the Seller’s customers, thus granting him a non-exclusive, free of charge, unlimited in time and territory license to use for the purposes of the activity conducted by the Seller in the following fields of exploitation: recording by digital method in computer memory and on the Internet, multiplication by any technique, distribution in the Store, on the pages of other pages of the Seller, as well as his social media, also by public display, without the right to sublicense.

Personal data protection

The Seller is the administrator of the Customer’s personal data.

The Customer’s personal data is processed, among other things, for the purpose of servicing the user’s account, order execution and possible defence, investigation or settlement of claims related to contracts concluded through the Store.

Details concerning the processing of personal data and use of cookies can be found in the Privacy Policy available on the Seller’s website.

Dispute resolution and consumer redress

All disputes related to the concluded contracts or services provided by the Store will be settled by common courts and the applicable law is Polish law. At the same time, the Seller agrees to attempt to resolve these disputes by means of mediation proceedings. Details will be determined by the parties to the conflict.

A Customer who is a Consumer may use an out-of-court method of complaint handling and claiming.

For detailed information on out-of-court means of redress and dispute resolution, the Consumer can look at http://www.uokik.gov.pl and at the offices and websites of county (city) consumer advocates. He may submit a dispute to the Permanent Consumer Arbitration Court (SPSK) by submitting a relevant application on the form available at the relevant SPSK or on the websites of the Provincial Commercial Inspectorates, as well as on the ODR platform, available at the address: http://ec.europa.eu/consumers/odr.

Settlement of possible disputes between the Seller and the Client, who is a Consumer, shall be submitted to the competent courts in accordance with the relevant provisions of the Civil Procedure Code.

Settlement of possible disputes between the Seller and the Client, who is not a Consumer, is subject to the court competent for the seat of the Seller.

Final provisions

The Seller may introduce and cancel shares, promotions and change prices of the Products in the Store without prejudice to the rights acquired by the Customer, including in particular the terms of contracts concluded before the change is made.

The information on the website does not constitute an offer within the meaning of the Civil Code.

These Regulations are valid from the date of publication on the Store’s website, unless the Regulations state otherwise.

The Seller reserves the right to make changes in the Regulations. To contracts concluded before the change of the Regulations, the Regulations in force on the date of conclusion of the contract shall apply.

These Regulations have been drawn up on the basis of Polish law. In matters not regulated by these Regulations, the provisions of Polish law in force in the Republic of Poland shall apply, including the Civil Code, the Act on Consumer Rights, the Act on Rendering Electronic Services or the Act on Copyright and Related Rights.