Terms and Conditions
The owner of the online store is ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121.
Training takes place at: ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121.
Other contact details: e-mail address: bednarekclinic@gmail.com
Online Store bank account:
Glossary of terms used in these Regulations:
Unless otherwise explicitly stated in the context of their use, the following capitalized terms used in these Regulations shall have the meanings set forth below:
Price – the gross remuneration amount specified in Euro (including tax) and transport costs, due to the Seller for the transfer of ownership of a given Product to the Customer in accordance with the Sales Agreement.
General Price List – prices visible in the Online Store for a user not logged into My Account.
Business Day – a day from Monday to Friday, excluding public holidays in Poland.
Commercial Information – information about Products displayed in the Online Store. Commercial information regarding the Price and availability of the Product, at the stage before adding the Product to the Cart and logging into the Account, does not constitute an offer within the meaning of the Civil Code, but merely an invitation to commence negotiations.
Clauses – consents within the form available on the Online Store website at the registration stage in the Online Store, the selection of which means consent to the content of these Regulations and the Online Store’s Privacy Policy, and separately – consent to receive the Newsletter.
Customer – (1) a natural person who has reached the age of 13 (thirteen), provided that if this person has not reached the age of 18 (eighteen), the consent of their legal representative is required, unless they have full legal capacity, and (2) a legal person or an organizational unit without legal personality, to which legal provisions grant legal capacity, who uses the Online Store, in particular, who places an Order on the terms specified in these Regulations. The consent of the legal representative or legal guardian, as referred to above, in the case of Customers with limited legal capacity, should also include consent to the provisions of these Regulations, including in particular to the processing of personal data. Consent should be sent to: ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121, and as a scan to the email bednarekclinic@gmail.com.
Consumer – a natural person performing a legal act with the Seller, including concluding a Sales Agreement, not directly related to their business or professional activity.
Cart – a service available to every Customer using the Online Store, enabling them to easily place an Order for one or more Products, enter discount codes allowing price reduction on terms specified in separate agreements/regulations, display a summary of the Price of individual Products and all Products combined (including shipping costs), and display the estimated delivery time of Products. The Cart collects offers to conclude a Sales Agreement submitted by the Customer, i.e., within one Order, more than one offer to conclude a Sales Agreement can be submitted.
My Account – a subpage of the Online Store, accessible after the Customer registers on the Online Store website. Within the Account available via the website, the Customer can, in particular, place Orders and view offers prepared by www.bednarekacademy.pl. (hereinafter also “Account”). The Account is identified by an individual name (login) and password provided by the Customer, allowing the Customer to use additional functionalities/services.
Newsletter – A service that allows all Customers using it to receive periodic information from the Seller, in particular about Products, the Online Store, including news and Promotions, to the e-mail address provided by the Customer, with the Customer’s express consent.
Offer – content marked as an Order summary, displayed to the Customer after adding the Product to the Cart.
Promotions – special sales or service conditions, regulated on terms specified within the Online Store, proposed by the Seller for a specific period, which the Customer may use on the terms specified therein.
Complaint – the procedure for handling a defect in a sold Product.
Regulations – these Regulations of the www.bednarekacademy.pl Online Store, defining the rights and obligations of the Seller and Customers related to the use of Services and the conclusion of Sales Agreements through the Online Store. In the scope of services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services.
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Online Store/www.bednarekacademy.pl Store – an internet service belonging to the owner of the Bednarek Academy online store at www.bednarekacademy.pl. The Online Store enables Customers to view commercial information and conclude sales agreements for Products offered by Bednarek Academy based on Orders placed by the Customer.
Seller – ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121.
Sales Agreement – a sales agreement within the meaning of the Civil Code, concerning the sale of a Product by the Seller to the Customer for a Price increased by any additional fees, including shipping costs, the terms of which are specified, in particular, in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller’s acceptance of the Order on the terms specified in these Regulations. Each Product is the subject of a separate Sales Agreement. The Seller may also conclude a Sales Agreement with a Customer who is not a Consumer as a result of an agreement bypassing the procedure specified in these Regulations, which, at the request of either party to the Sales Agreement, will be confirmed by e-mail.
Service – an electronic service within the meaning of the Act of July 18, 2002, on the provision of electronic services, consisting of the possibility to create an Account in the Online Store, conclude Sales Agreements through the Online Store, add Products to the Cart in the Online Store, and access information about all Orders placed by such Customer in the Online Store. The Seller is the service provider, and the Customer is the service recipient of the Service.
Order – a declaration of will by the Customer, directly aiming at concluding a distance Sales Agreement for Products through the Online Store, specifying at least the type, number of Products, and Customer data necessary for the potential conclusion and execution of the Sales Agreement. Acceptance of the Order by the Seller means the conclusion of the Sales Agreement.
I. General Information
1. The Regulations are addressed to both Customers who are Consumers and Customers who are not Consumers, using the Online Store, Services, or concluding Sales Agreements (subject to Chapter X of the Regulations, which is addressed exclusively to Customers who are not Consumers). In the case of Customers who are not Consumers, Chapter X of the Regulations shall take precedence over other provisions of the Regulations.
2. The Regulations are available for printing, downloading, reproducing, and saving by the Customer on the Online Store website, in the “Regulations” tab.
3. Acceptance of the Regulations is voluntary but necessary to create an Account or to place an Order by the Customer.
4. The Regulations define the rules for concluding and performing the Sales Agreement for Products available on the Online Store website, in particular:
o rules for registration and use of the Account within the Online Store;
o conditions and rules for electronic reservation of Products available within the Online Store (depending on the availability of such functionality);
o conditions and rules for placing Orders electronically within the Online Store;
o rules for concluding Sales Agreements using services provided within the Online Store.
5. The content of the Online Store does not constitute an offer within the meaning of the Civil Code. Information about Products provided on the Online Store’s websites, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a Sales Agreement, within the meaning of Article 71 of the Civil Code, and not an offer within the meaning of the Civil Code. The Sales Agreement is concluded according to the Sales Agreement conclusion procedure indicated in Chapter III of the Regulations.
6. The main subject of the service under the Regulations is the sale of Products. The Seller reserves the right to limit the quantity of ordered Products offered in the Online Store at promotional prices.
7. The www.bednarekacademy.pl Store makes every effort to ensure that the photos, descriptions, and technical data of the Products placed are as accurate as possible.
8. The Customer can communicate with the Bednarek Academy Store via e-mail at bednarekclinic@gmail.com and by correspondence at ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121.
9. In the case of telephone contact, the Customer bears the cost of the call according to the rates of the operator chosen by them.
10. In matters not regulated by the Regulations, the generally applicable provisions of Polish law apply, including the Civil Code Act and the Consumer Rights Act of May 30, 2014, hereinafter also referred to as the “Consumer Rights Act”.
11. The Regulations do not deprive the Customer of their statutory rights, in particular the right to claim that the purchased Products comply with their descriptions, are suitable for their intended purposes, and are of satisfactory quality. In case of a conflict between the provisions of the Regulations and mandatory legal provisions granting Consumers specific rights, these provisions shall prevail.
II. Conditions for providing Services electronically
1. To place Orders in the Online Store, it is necessary to have devices allowing access to the Internet, e-mail, as well as a properly configured web browser: Firefox, Google Chrome, Internet Explorer, Opera, Safari with Java Script support. The Customer’s browser must have “cookies” acceptance enabled and an active JavaScript interpreter.
2. To use the Online Store, the Customer should, at their own expense, obtain access to a computer workstation or end device with Internet access.
3. The Seller provides the following free Services to Customers through the Online Store:
o Account;
o enabling Customers to place Orders and conclude Sales Agreements, on the terms specified in the Regulations;
o presenting advertising content tailored to their interests to Customers;
o enabling Customers to use the Cart services;
o enabling browsing of content placed within the Online Store;
o Newsletter;
o making Product reservations (depending on the availability of such functionality).
4. The Service Agreement is concluded upon the Customer receiving confirmation of the conclusion of the Service Agreement sent by the Seller to the email address provided by the Customer during registration (Account creation confirmation). The Account is provided free of charge for an indefinite period. Account creation is not required to place an Order in the Online Store.
5. The Customer can create an Account during the Product purchase process in the Online Store or without the need to simultaneously purchase a Product in the Online Store.
6. Account creation in the Online Store proceeds as follows: The Customer fills out the registration form available on the Online Store website, providing the following personal data: name, surname, e-mail, date of birth. Refusal to complete the field marked “*“” prevents the creation of a user account. The symbol “*”” only marks personal data necessary to establish, shape the content, change, or terminate the legal relationship consisting of having an Account in the Online Store.
7. In addition to providing personal data, a condition for registration is expressing consent to the content of the Online Store Regulations and the Privacy Policy, i.e., by accepting the statement: “I accept the Bednarek Academy online store Regulations and Privacy Policy. I consent to the processing of my personal data by ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121 for the purpose of account registration and transaction handling, and to the entrustment of data for processing to entities cooperating with ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121 in the scope of order fulfillment (e.g., transport company). The processing of personal data will take place on the basis of personal data protection regulations. Providing personal data is voluntary, however, lack of consent to personal data processing prevents registration in the service, as well as order fulfillment.“
8. By filling out the user registration form of the Online Store, checking the “check box”” “I accept the Bednarek Academy online store Regulations and Privacy Policy. I consent to the processing of my personal data…“” and clicking the “Register”” button on the www.bednarekacademy.pl Online Store website, tab: Authentication/Register, the Customer declares and confirms that:
o the personal data provided in the above-mentioned form are consistent with the facts,
o the data provided by them do not infringe any third-party rights,
o they have read the Regulations and Privacy Policy and undertake to comply with them.
9. After filling out the registration form and clicking the “Register” button, it is possible to add a delivery address, obtain vouchers, create a wish list (favorite Products), and make purchases in the Online Store.
10. The Customer may resign from having an Account at any time by sending a declaration of will to resign from the Service in any way that ensures this declaration reaches the Seller, in particular by sending an e-mail to bednarekclinic@gmail.com or in writing to: ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121. Account liquidation does not affect the obligation to perform Sales Agreements concluded through the Online Store until the Seller receives the Customer’s declaration of will regarding resignation from the Service. Account liquidation does not affect the order of the transport company for Product collection until the Seller receives the Customer’s declaration of will regarding resignation from the Account.
11. The Seller may terminate the electronic service agreement provided via www.bednarekacademy.pl with the Customer if the Customer violates the provisions of the Regulations or the Privacy Policy, as well as if the Customer does not consent to changes in the content of the Privacy Policy. The notice period is 14 days. The termination statement will be sent electronically via e-mail to the address provided during Account creation. Termination of the agreement does not affect the obligation to perform Sales Agreements concluded through the Online Store until the expiration of the notice period. Termination of the agreement does not affect the obligation of the transport company to collect the Product, in case the Customer placed an Order, until the expiration of the notice period.
12. The Customer is obliged, in particular, to:
o provide only true, current, and all necessary Customer data in the forms available within the Online Store;
o promptly update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Service Agreement or Sales Agreement, in particular to the extent necessary for their proper performance. The Customer can change the data entered during Account creation at any time using the options available within the Account;
o use the services and functionalities provided by the Seller in a way that does not disrupt the functioning of the Seller and the Online Store;
o use the services and functionalities provided by the Seller in a manner consistent with applicable law, the provisions of the Regulations, as well as with accepted customs and social norms;
to use the services and functionalities provided by the Seller in a manner that is not burdensome for other Customers or for the Seller;
to timely pay the Price and other costs agreed upon by the Customer and the Seller in full;
not to provide or transmit any content prohibited by applicable law within the Online Store, in particular content infringing on the proprietary copyrights of third parties or their personal rights;
not to undertake actions such as: (1) sending or placing unsolicited commercial information (spam) in the Online Store or placing any content that violates legal provisions (prohibition of placing illegal content), (2) undertaking IT activities or any other activities aimed at gaining possession of information not intended for the Customer, including data of other Customers, or interfering with the rules or technical aspects of the Online Store’s operation and payment processing, (3) unauthorized modification of content provided by the Seller, in particular prices or descriptions of Goods provided within the Online Store.
13. The Customer has the right to submit complaints regarding the Service.
14. A complaint regarding the Service may be submitted in any way that ensures the Customer’s declaration of will regarding the complaint reaches the Seller, in particular electronically via email to bednarekclinic@gmail.com or in writing to: ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121.
15. A properly submitted complaint regarding the Service should contain the following data:
o Customer’s data (name, surname, address, email address);
o justification for the complaint.
16. The Seller will make every effort to process complaints regarding the Service no later than 14 Business Days from the date of submission of the complaint, and in particularly complex cases, no later than 30 days from the date of submission, unless other mandatory, shorter deadlines result from legal provisions.
17. It is not possible to use the Service via www.bednarekacademy.p anonymously.
III. Conclusion of the Goods Sales Agreement
1. In the case of Consumers, the Sales Agreement concluded via the Online Store is a distance contract within the meaning of the Consumer Rights Act.
2. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.
3. The Seller enables placing Orders for Goods in the following ways:
o in the Online Store;
o by email.
4. Registration takes place by completing and accepting the registration form available on the Online Store’s website.
5. The condition for registration is expressing consent to the content of the Regulations, Privacy Policy, and providing personal data marked as mandatory.
6. The Sales Agreement via the Online Store is concluded:
o either by creating an Account and logging into your Account and correctly, completely filling out the order form by:
- selecting the type of Goods by clicking the “add to cart” button on the Online Store’s website;
- clicking the “Proceed to checkout” button;
- in the “Shopping Summary” tab “clicking the “Proceed to checkout” button”;
- fill in the “Complete delivery address and return to shopping” form “, if the data was not fully provided during the registration process, and click “Save””;
- then, in the delivery address tab, provide the shipping address; you can update the address by clicking the “Change address” button; you can add a new address using the “Add new address” button. If you want to add a comment to your order, save it in the designated place. Here you can enter additional information for the carrier, e.g., company name or floor number. After completing the data, click the “Proceed” field.
- in the “Shipping” tab, select the delivery method, check the “check-box” confirming acquaintance with and acceptance of the Regulations and Privacy Policy. The Customer is not obliged to accept other Clauses available at the account registration stage. After completing the data, click the “Proceed to payment” field.
- in the “Payment” tab, select the payment method; then the final wording of the binding Offer for the Seller, displayed on the Online Store’s website, will appear, i.e.: the unit and total price of the ordered Goods or services, including delivery costs;
- the Customer’s confirmation of willingness to conclude the Sales Agreement under the terms specified in the Offer occurs by clicking the “Confirm order” button.
o or by:
- selecting the type of Goods by clicking the “add to cart” button on the Online Store’s website;
- clicking the “Proceed to checkout” field;
- in the “Shopping Summary” tab “clicking the “Proceed to checkout” button”;
- in step 2 “Log in” tab, by scrolling down the page and clicking on the “Quick shopping without registration” button and correctly, completely filling out the form by providing personal data: email, first name, last name, date of birth, and address data: country, street name, house or apartment number, postal code, city, mobile phone number. Providing mobile phone number data is optional. In the “delivery address” tab, you can change the address or add a new address;
- in addition to providing personal data and address, the condition for registration is expressing consent to the content of the Regulations and the Privacy Policy, i.e., by accepting the statement: “I accept the Regulations of the Bednarek Academy online store and the Privacy Policy. I consent to the processing of my personal data by ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121, for the purpose of account registration and transaction handling, and to entrusting data for processing to entities cooperating with ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121 in the scope of order fulfillment (e.g., transport company). The processing of personal data will take place on the basis of personal data protection regulations. Providing personal data is voluntary, however, lack of consent to the processing of personal data prevents registration on the website, as well as order fulfillment.”. The Customer hereby confirms that:
• the personal data provided in the above form is consistent with the facts,
• the data provided by him does not infringe any rights of third parties,
• he has read the Regulations and Privacy Policy and undertakes to comply with them. - after checking that the provided shipping address is correct, click “Proceed to checkout”;
- then, in the delivery address tab, make sure that the previously provided shipping address is correct; you can update the address by clicking the “Change address” button; you can add a new address using the “Add new address” button. If you want to add a comment to your order, save it in the designated place. Here you can enter additional information for the carrier, e.g., company name or floor number. After completing the data, click the “Proceed” field.
- in the “Shipping” tab, select the delivery method, check the “check-box” confirming acquaintance with and acceptance of the Regulations and Privacy Policy. After completing the data, click the “Proceed to payment” button.
- in the “Payment” tab, select the payment method; then the final wording of the binding Offer for the Seller, displayed on the Online Store’s website, will appear, i.e.: the unit and total price of the ordered Goods or services, including delivery costs;
- the Customer’s confirmation of willingness to conclude the Sales Agreement under the terms specified in the Offer occurs by clicking the “Confirm order” button.
7. During the Order placement process – until the “Confirm order” button is pressed – the Customer has the option to modify the entered data and the selection of Goods. To do this, the Customer should follow the messages and information displayed on the website.
8. After placing the Order, the Customer receives an email containing the final confirmation of all essential elements of the Order by the Seller.
9. The agreement is considered concluded at the moment the Customer receives the email referred to in point 7 above.
10. If the Sales Agreement is concluded via email:
o The Seller sends an email to the Customer confirming the content of the proposed Sales Agreement;
o The Customer sends the Order to the Seller via a message to the email address from which they received the confirmation mentioned above;
o In the case of a Customer who does not have an Account and has not previously accepted the Regulations and Privacy Policy, acceptance of the Regulations and Privacy Policy by the Customer is required.
11. In connection with the Order placed in accordance with point 10 above, the Seller, in response to the Order, immediately sends a message to the email address provided by the Customer for this purpose, confirming receipt of the Order and the start of its verification.
12. After verifying the Order, without undue delay, the Seller sends a message to the Customer’s provided email address with: (1) confirmation of acceptance of one or more individual offers for Goods placed within the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Goods indicated in the message) or (2) information about the inability to accept all or part of the offers for Goods placed within the Order.
13. The Sales Agreement in the manner indicated in point 10 above is concluded at the moment of confirmation of the offer(s), i.e., when the Customer receives the message referred to in point 12 (1) above, regarding the Goods indicated therein.
14. The Sales Agreement is concluded in Polish, with content consistent with the Regulations.
15. The Sales Agreement is concluded in accordance with Polish law.
16. The Seller accepts Orders electronically using the Online Store 7 (seven) days a week, 24 (twenty-four) hours a day.
17. The Seller may inform the Customer about the Order status, in particular by sending messages to the email address provided by the Customer, SMS, or by contacting them by phone.
18. The Seller strives to ensure the availability of all Goods and the fulfillment of the Sales Agreement. In the event of inability to perform the service and in other situations specified by law, relevant provisions of the Civil Code may apply, including art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the performance to the Consumer.
19. Prices in the Online Store are given in euros, including value-added tax and delivery costs.
20. The price of the Goods presented in the Online Store before adding the Goods to the Cart is merely an invitation to start negotiations and may differ from the price of these Goods after adding them to the Cart. The difference in price is always influenced by the following circumstances: quantity of Goods, Order value, delivery method, payment method.
21. The Seller enables the following payment methods for the Price of purchased Goods:
– via the PayPal settlement service,
– cash on delivery (payable upon receipt of the shipment).
22. The payment deadline for payments made via: PayU settlement service – is immediately after placing the Order; for payments made by bank transfer – the date of receipt of funds to the account———-, and for cash on delivery – the date of delivery of the goods.
23. The Seller does not store credit or debit card data through which the Customer makes payments.
24. The total value of the Order includes the Price, the cost of shipping to the Customer, and any other costs of optional paid services selected by the Customer. The Seller may, for a period chosen by them, set a minimum Order value threshold for which the shipping of Goods is free. The Customer is informed about the total price including taxes of the Goods being the subject of the Order, as well as delivery costs (including transport, delivery, and postal services fees) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, during the Order placement, including at the moment the Customer expresses willingness to be bound by the Sales Agreement. Promotions applicable in the Online Store are not combinable, unless the provisions of the Promotion explicitly state otherwise. Some products may be excluded from the promotion during its duration.
25. The Seller may enable the Customer to personally collect the Goods at a designated point (if such a service has been made available by the Seller for a given Good, and in the case of placing several Orders – all Goods covered by the Customer’s actions) by making such an option available each time on the subpage of the given Good or during the Order placement.
26. In the event of the Seller not receiving payment from a Customer who chose upfront payment, the Seller may contact the Customer to remind them about the payment, including by sending an email. Failure to pay within 4 days of placing the Order will result in the non-acceptance of the offer placed by the Customer within the Order, which leads to order cancellation. If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make payment upon receipt of the shipment. Refusal to accept the Goods, despite setting an additional appropriate deadline, is a condition for terminating the Sales Agreement, and in such a case, the Customer undertakes, based on a payment request from the Seller, to reimburse the Seller for the shipping costs of the uncollected Goods in such a case, which does not deprive the Seller of the right to seek additional compensation from the Customer in such a case.
27. In the event of the Customer’s failure to collect the shipment for reasons not attributable to the Seller, the cost of re-shipping to the Customer is borne entirely by the Customer.
28. Ordered Goods may be delivered to the address indicated in Europe by a transport company. The cost of delivery of the Goods purchased by the Consumer is indicated for informational purposes on the website www.bednarekacademy.p in the tab: Payments
29. The Seller may deprive the Customer of the right to use the Online Store, as well as restrict their access to part or all of the Online Store’s resources, with immediate effect, in the event of the Customer violating the Regulations, and in particular, if the Customer:
o provided untrue, inaccurate, or outdated data during registration in the Online Store, misleading or infringing the rights of third parties,
o infringed the personal rights of third parties through the Online Store, in particular the personal rights of other customers of the Online Store,
o commits other behaviors that are deemed by the Seller to be inconsistent with applicable law or general rules of using the Internet or detrimental to the Seller’s good name.
30. A Customer who has been deprived of the right to use the Online Store may not re-register without the prior consent of the Seller.
31. In order to ensure the security of communication and data transmission in connection with the services provided within the website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures aimed at preventing unauthorized persons from acquiring and modifying personal data transmitted over the Internet.
IV. Order Fulfillment
1. Delivery of Goods takes place to the address indicated by the Customer during the Order placement.
2. Delivery of ordered Goods is carried out by an external transport company.
3. The delivery time within Poland is 1 to 4 days. For reasons beyond Bednarek Academy’s control, the delivery time may be extended, of which each customer will be informed by email or phone.
4. The delivery period specified in the above point may not be met in the event of circumstances arising after the shipment has been handed over for transport, caused by the fault of the carrier, the fault of the Customer, or force majeure.
5. In the event of the absence of the Customer or a person authorized to collect the Goods at the place of delivery of the shipment, during the carrier’s first attempt to deliver the Goods, the delivery time of the Goods is considered to be met, in the event of the carrier notifying the shipment.
6. The recording, securing, making available, and confirming to the Customer of the essential provisions of the Sales Agreement takes place by sending them to the Customer’s provided email address.
7. If the Customer finds damage to the shipment, it is recommended to draw up a damage report in the presence of the transport company driver and immediately inform the Seller about it.
8. Exchange of purchased and non-defective Goods is possible only by using the withdrawal procedure as in Chapter V. below and placing and paying for a new, independent Order.
9. Bednarek Academy gift vouchers can be exchanged for any product from our store’s assortment.
V. Right to withdraw from the Goods Sales Agreement
1. In the case of a distance sales contract, the Consumer has the right to withdraw from the sales contract concluded with the Seller without giving any reason and without incurring costs other than those provided by law, within 14 days from the date of receipt of the Goods, i.e., the Consumer taking possession of the Goods or a third party indicated by the Consumer, other than the carrier, taking possession of the Goods. If the Consumer places a single Order covering multiple Goods that are delivered separately, in batches, the 14-day period should be counted from the moment of taking physical possession of the last Good or batch, and if the Sales Contract involves regular delivery of Goods for a specified period – from taking possession of the first of the Goods.
2. The Consumer, exercising the right indicated in point 1 above, may withdraw from the Sales Contract by submitting an appropriate statement.
3. The Customer may use the sample form prepared by Bednarek Academy Store, which should be completed, although its use is not obligatory.
4. The Consumer’s statement of withdrawal from the Sales Contract should be sent to ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121. To meet the withdrawal deadline, it is sufficient to send the statement of exercising this right within that period.
5. In the event of withdrawal from a distance sales contract, the contract is considered null and void. What the parties have provided shall be returned in an unchanged state, unless the change was necessary within the limits of ordinary management. The Consumer bears the direct costs of returning the Goods. The Seller is obliged to immediately, no later than 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Contract, return all payments made by the Consumer, including the costs of delivery of the Goods (with the exception of additional costs resulting from the Customer’s choice of a delivery method other than the cheapest ordinary delivery method available in the online store). Additionally, if the Customer returns the Goods in a manner other than the cheapest ordinary delivery method offered by the online store, the Seller is not obliged to reimburse the additional costs incurred by the Customer. The Seller is not responsible for return shipments.
6. If the Consumer exercises the statutory right to withdraw from the Sales Contract, the Seller shall refund the payment using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for them. If the Seller has not offered to collect the Goods from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the Goods back or the Consumer provides proof of their return, whichever occurs first.
7. We are not responsible for incorrectly entered bank account numbers by the customer when making a refund via a paper form or through their customer account on the store’s website.
8. The Consumer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, no later than 14 days from the day on which they withdrew from the Sales Contract, unless the Seller offered to collect the Goods themselves.
9. If the Consumer fails to return the Goods within the required period for reasons for which the Consumer is responsible, they shall be deemed to be in default. In such a case, the Seller may demand compensation for damages resulting from the delay (Article 477 § 1 of the Civil Code).
10. If the Consumer exercises the statutory right of withdrawal, the Consumer is responsible for any decrease in the value of the Goods resulting from their use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Goods. The Consumer’s liability may include, in particular, the inability to sell the Goods as full-value Goods, the costs of re-attaching tags and security elements to the Goods, as well as the costs of restoring the Goods to a condition enabling their re-sale within the online store, including the costs of examining the Goods by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the Consumer’s use of the Goods in a manner exceeding what is necessary to ascertain their nature, characteristics, and functioning).
11. The right to withdraw from a distance contract, referred to in point 1 above, does not apply to the Consumer in relation to contracts: (1) for the 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 performance of the service by the Seller, they would lose the right to withdraw from the contract; (2) 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 expiry of the withdrawal period; (3) in which the subject of the performance is a non-prefabricated Good, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs; (4) in which the subject of the performance is a Good that deteriorates quickly or has a short shelf life; (5) in which the subject of the performance is a Good 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; (6) in which the subject of the performance are Goods which, after delivery, due to their nature, become inseparably combined with other items; (7) in which the consumer expressly requested that the Seller come to them for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the right to withdraw from the contract applies to the additional services or Goods; (8) in which the subject of the performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (9) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract; (10) concluded by public auction.
12. A buyer who is not a consumer has the right to return if their purchases do not relate to their professional character.
13. The Consumer has the right to use the Goods before withdrawing from the contract only as they would in a physical store.
14. If the Consumer returns Goods that are excessively worn, damaged, or destroyed, and the condition of the shipment packaging at the time of delivery did not raise any objections, the Seller has the right to charge the Customer a compensation amount for this. After calling on the Customer to pay compensation, the Seller may submit a statement of set-off of its claim for compensation for the decrease in the value of the item against the Consumer’s claim for reimbursement of costs incurred in connection with the concluded contract.
15. If the Consumer submitted a statement of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
16. Orders placed using vouchers (discount codes) provided by the www.bednarekacademy.p store as a gift for activity on social media are not subject to returns.
17. The Bednarek Academy gift voucher is not exchangeable for cash.
18. The amount for purchases paid with a gift voucher will be refunded to the gift voucher. We will send an email with confirmation of the refund along with a virtual copy of the gift voucher with the new balance.
19. If more than one payment method was used at the time of purchase, in the event of a partial refund from that order, the refund will first be returned to the alternative payment method of the gift voucher.
VI. Complaints
1. The basis and scope of the Seller’s liability to the Customer, if the sold Goods have a physical or legal defect (warranty), are defined in the provisions of the Civil Code, in particular in Article 556 et seq. of the Civil Code. Goods presented in the online store may be covered by a manufacturer’s warranty. Detailed warranty conditions and its duration are then provided in the warranty card issued by the guarantor and attached to the Goods.
2. The Seller is obliged to deliver Goods free from defects. The Seller is exempt from liability under the warranty if the Consumer was aware of the defect at the time of concluding the Sales Contract.
3. If the sold Goods have a defect, the Customer may:
o submit a statement of price reduction or withdrawal from the Sales Contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free ones or removes such a defect. The reduced price should be in such proportion to the price resulting from the contract as the value of the Goods with the defect is to the value of the Goods without the defect. The Customer cannot withdraw from the Sales Contract if the defect of the Goods is insignificant;
o demand replacement of the Goods with defect-free ones or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience to the Customer; with reservations and on the terms specified in the relevant provisions of the Civil Code.
4. The Customer may, instead of the defect removal proposed by the Seller, demand replacement of the Goods with defect-free ones or, instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free Goods, the type and significance of the defect found, and the inconvenience that another method of satisfaction would cause the Consumer are taken into account.
5. The customer cannot withdraw from the contract if the defect is insignificant.
6. The Seller provides a 12-month warranty for the Goods sold.
7. A properly submitted complaint should contain the following data:
o Customer details (name, surname, address, email address, correspondence address)
o date of purchase of the goods, type of goods complained about,
o a detailed description of the defect and the date it was discovered, the Customer’s request, and the Customer’s preferred method of being informed about the resolution of the complaint.
8. Along with the complaint, the Customer should provide the Seller with proof of purchase of the Goods. This can be, for example, a copy of the receipt or invoice, a printout from a payment card, or other proof.
9. In the event of any deficiencies in the submitted complaint, the Seller will ask the Customer to supplement them in accordance with the address details provided in the complaint.
10. The Customer, who exercises their rights under the warranty, is obliged to deliver the defective Goods at the Seller’s expense to the address indicated by the seller. The complained Goods sent to the Seller should be clean.
11. The Seller will inform the Consumer of their position regarding the validity of the reported claim within 14 days from the date of receipt of the complaint from the Consumer.
12. The Customer may submit a complaint by sending the completed form prepared by the Seller to the address: ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121, although its use is not obligatory.
13. The Seller is liable under the warranty if a physical defect is found within 12 months from the date of delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free ones expires after one year from the date of discovery of the defect, however, in the case of an Order placed by a Consumer – the limitation period cannot end before the expiry of the period referred to in the first sentence.
14. The Customer should collect the complained Goods immediately after being informed about the resolution of their complaint and delivery to the address indicated by the Customer. If these Goods are not collected, the Seller will call on the Customer in writing or, if agreed personally, in another way, to collect the Goods within 14 days from the date of receipt of such a call.
15. The Seller may refuse to satisfy the buyer’s request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the second possible method of bringing it into conformity with the contract.
16. In the event of a damaged/violated package being delivered by the transport company, an appropriate damage report should be drawn up. It should be written in the presence of the driver at the time of package delivery. The damage report form should be held by the transport company driver. The lack of a damage report may result in the complaint being left unresolved, and thus the lack of any potential compensation payment.
VII. Out-of-court complaint resolution methods
1. A Customer who is a Consumer has, among others, the following possibilities to use out-of-court methods of complaint resolution and claim enforcement:
o is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121,
o is entitled to apply to the permanent amicable consumer court operating at the provincial inspector of the Trade Inspection with a request to resolve a dispute arising from the concluded sales contract.
2. The use of out-of-court methods of complaint resolution and claim enforcement is voluntary.
3. To initiate proceedings, an appropriate application must be submitted to the competent Provincial Inspectorate of Trade Inspection – depending on the type of proceedings – an application for mediation or an application for consideration of the case before an amicable consumer court. For convenience, application forms are available at the secretariat of each amicable consumer court, as well as on the websites of the Provincial Inspectorates of Trade Inspection. Detailed information on out-of-court methods of complaint resolution and claim enforcement, as well as rules for access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.
4. A Customer who is a Consumer can obtain free assistance in resolving a dispute between the Consumer and the Seller by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection, e.g., the Consumers’ Federation (website address: www.federacja-konsumentow.org.pl).
VIII. Rights to content
1. Exclusive rights to content made available/placed within the online store by the Seller or its contractors, in particular copyrights to descriptions, photos, etc., the name of the online store (trademark), its graphic elements, software, and database rights are legally protected and belong to the Seller or entities with whom the Seller has concluded appropriate agreements. The Customer is entitled to use the aforementioned content free of charge, as well as to use content placed in accordance with legal provisions and already disseminated by other Customers within the online store, but only for their own personal use and solely for the proper use of the online store, worldwide. The use of content in any other scope is permissible only on the basis of express, prior written consent, granted by the authorized entity, in writing under pain of nullity.
2. All content, including graphics and photos posted on the Website, are protected under the Act of February 4, 1994, on Copyright and Related Rights – they have a creative and individual character. They cannot be copied without the Seller’s consent.
3. The Customer, by placing any content within the online store, in particular graphics, comments, opinions or statements on the Account or elsewhere in the online store, hereby grants the Seller a non-exclusive, perpetual, territorially unlimited and free license to use, record, modify, delete, supplement, publicly perform, publicly display, reproduce and distribute (in particular on the Internet) this content, worldwide. This right includes the right to grant sublicenses to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the functioning and development of the online store), as well as the authorization to exercise independently or through third parties derivative rights in the scope of developing, adapting, modifying and translating the work within the meaning of the Act on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not authorized to grant the licenses referred to in this point 3, the Customer undertakes to obtain such appropriate licenses for the Seller.
IX. Personal data protection
1. The Customer’s personal data will be processed by the Seller with all security requirements specified in the applicable personal data protection regulations in accordance with the Privacy Policy, which is an appendix to the Regulations.
2. Providing personal data by the Customer is voluntary, but necessary for creating an Account, using specific Services, concluding a Sales Agreement, including the fulfillment of a placed Order.
3. Personal data is processed by the Seller primarily for the purpose of fulfilling the placed Order. The provided personal data will be stored in the administrator’s database and will be used for the proper execution of the Sales Agreement and, if the Customer has given separate consent, for marketing purposes, in particular to inform about new products, services, and promotions, and to send the Newsletter.
4. Personal data will be archived by the Seller for three years from the last sale.
5. In accordance with the GDPR, the Customer generally has the right, depending on the use of specific functionalities, to lodge a complaint with the competent personal data protection authority, the right to object, the right to access their personal data, to request their rectification, erasure, restriction of processing, and data portability.
6. Additional explanations regarding personal data protection are contained in the “Privacy Policy” available in the Online Store.
7. By registering on www.bednarekacademy.p, I declare that I have been informed of my right to access and correct my personal data, as well as the free right to object at any time to their processing by contacting:
o electronically, at: bednarekclinic@gmail.com
o in writing, at: ANNA BEDNAREK Med, ul. Panieńska 17/6, 70-535 Szczecin, NIP: 5993088763, REGON: 388954121.
8. You have the right to receive your data in a structured, commonly used, machine-readable format. You also have the right to transmit this data to another administrator, without hindrance from the Administrator from whom the data will be extracted (Art. 20 sec. 1 GDPR). In cases where it is technically possible. The Customer may request the Administrator to send their data directly to another administrator (Art. 20 sec. 2 GDPR).
9. The Seller uses “cookies”. Information collected using “cookies” allows adapting services and content to the individual needs and preferences of Users, and also serves to develop general statistics regarding Users’ use of the Store. Disabling the option in the web browser that allows saving “cookies” does not fundamentally prevent the use of the Online Store, but it may cause some difficulties.
X. Provisions concerning Customers who are not Consumers
1. This section of the Regulations and its provisions apply only to Customers who are not Consumers.
2. Customers who are not Consumers do not have the right to withdraw from a Sales Agreement concluded remotely, as Consumers do, in accordance with the Consumer Rights Act.
3. In the case of Customers who are not Consumers, the Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
4. At the moment the Seller hands over the Goods to the carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage to the Goods, pass to the Customer who is not a Consumer. In such a case, the Seller is not liable for the loss, shortage, or damage to the Goods arising from their acceptance for transport until their delivery to the Customer, nor for delays in the transport of the shipment.
5. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Goods towards a Customer who is not a Consumer is excluded.
6. In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement or any license agreement with immediate effect and without stating reasons by sending the Customer a relevant statement in any form.
7. Neither the Seller nor its employees, authorized representatives, and attorneys are liable to the Customer, its subcontractors, employees, authorized representatives, or attorneys for any damages, including consequential damages, indirect damages, loss of profits, unless the damage was caused by their willful misconduct.
8. In any case of determining the liability of the Seller, its employees, authorized representatives, or attorneys, this liability towards a Customer who is not a Consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the Price paid under the last Sales Agreement, but not more than eight hundred zlotys.
9. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court competent for the Seller’s registered office.
XI. Final Provisions
1. The resolution of any disputes arising between the Seller and a Customer who is a Consumer shall be subject to the courts competent in accordance with the provisions of the relevant Civil Procedure Code.
2. Agreements concluded by the Seller are concluded in Polish.
3. The choice of Polish law under the Regulations does not deprive the Consumer of the protection granted to them under provisions that cannot be excluded by agreement between the Seller and the Consumer, by virtue of law that would be applicable in the absence of choice in accordance with relevant regulations.
4. The Regulations and the appendices to the Regulations constitute a contractual template within the meaning of Article 384 § 1 of the Civil Code.
5. The Seller reserves the right to amend the Regulations at any time. In the event of changes to the Regulations, the Seller will make available a consolidated text of the Regulations by publishing it in the Online Store and, for Customers with an Account, as an obligation to accept it when logging into the Account, which the Parties consider to be the introduction of information about the change into an electronic communication medium in such a way that the Customer can familiarize themselves with its content.
6. Changes to the Regulations are binding on the Customer from the moment of their acceptance when logging into the Account in the Online Store (applies to Customers who have registered in the Online Store). Changes to the Regulations are irrelevant to Sales Agreements concluded by the Customer and the Seller before the change to the Regulations.
7. The Seller is not responsible for the blocking by email server administrators that handle the Customer’s email messages of the Seller’s messages to the email address indicated by the Customer, nor for the deletion and blocking of email messages sent by the Seller by software installed on the computer used by the Customer.
8. The Seller is not responsible for transactions made by unauthorized third parties who gained access to the Account in the Online Store as a result of the Customer losing or disclosing the login or password to such Account.
9. The Regulations are effective from March 18, 2023.
