Terms and Conditions of Online Store

§1 Preliminary Provisions

§2 Definitions

• Consumer – a natural person concluding a contract with the Seller through the Store's website, the subject of which is not directly related to their business or professional activity.
• Owner – ZERBST & PARTNERS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Bydgoszcz, entered in the National Court Register by the District Court in Bydgoszcz, XIII Commercial Division of the National Court Register under KRS number 0000862473, VAT ID 9532778905, REGON 38716830800000, with share capital of PLN 5,000.
• Seller – ZERBST & PARTNERS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Bydgoszcz, entered in the National Court Register by the District Court in Bydgoszcz, XIII Commercial Division of the National Court Register under KRS number 0000862473, VAT ID 9532778905, REGON 38716830800000, with share capital of PLN 5,000.
• Customer – any entity making purchases through the Store.
• Entrepreneur – a natural person, legal person, or organizational unit without legal personality to which a separate act grants legal capacity, conducting business activity in their own name and using the Store.
• Store – the online store operated by the Seller at akupunktura.edu.pl
• Distance contract – a contract concluded with the Customer within an organized system of concluding distance contracts (within the Store), without simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
• Terms and Conditions – these terms and conditions of the Store.
• Order – the Customer's declaration of will made through the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
• Account – customer account in the Store – it contains data provided by the Customer and information about Orders placed by them in the Store.
• Registration form – a form available in the Store enabling the creation of an Account.
• Order form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery method and payment.
• Cart – an element of the Store software where Products selected by the Customer for purchase are visible, and there is also the possibility to determine and modify Order data, in particular the quantity of products.
• Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
• Sales Agreement – a Product sales agreement concluded or to be concluded between the Customer and the Seller through the online Store. The Sales Agreement also means – according to the characteristics of the Product – a service agreement and a work agreement.

§3 Contact with the Store

• Seller's address: ul. Grudziądzka 27-29, 85-130 Bydgoszcz, Poland.
• Seller's email address: biuro@zerbst.pl.
• Seller's phone number: +48 609 108 762.
• Seller's bank account number: 43 1050 1139 1000 0090 3231 6318 (ING Bank Śląski S.A.).
• The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
• The Customer may contact the Seller by phone from Monday to Friday between 9:00 AM and 3:00 PM (CET).

§4 Technical Requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

• end device with Internet access and a web browser such as Chrome, Firefox, Safari;
• active email account;
• cookies enabled.

§5 General Information

1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the Store's operation, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address data enabling the Order to be fulfilled without creating an Account.
3. Prices in the Store are given in Polish zlotys and are gross prices (they include VAT).
4. The final (ultimate) amount to be paid by the Customer consists of the Product price and the delivery cost (including fees for transport, delivery and postal services), of which the Customer is informed on the Store's pages during the Order placement, including at the moment of expressing the will to conclude the Sales Agreement.
5. In the case of a Sales Agreement covering subscription or provision of services for an indefinite period, the final (ultimate) price is the total price covering all payments for the billing period.
6. When the nature of the Agreement's subject does not allow for earlier calculation of the final (ultimate) price, information about the method of calculating the price, as well as charges for transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: first name, last name, residential address, phone number, email address.
2. Creating an Account in the Store is free.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer has the option at any time, without giving a reason and without incurring any fees for this purpose, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses specified in § 3.

§7 Rules for Placing Orders

To place an Order, you must:

1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click "Add to Cart" button (or equivalent);
3. log in or use the option to place an Order without registration;
4. if you chose the option to place an Order without registration – complete the Order Form by entering the recipient's data for the Order and the address for Product delivery, select the type of shipment (Product delivery method), enter invoice data if different from the Order recipient's data;
5. click the "Order and Pay" button;
6. select one of the available payment methods and, depending on the payment method – pay for the order within the specified time, subject to § 8.

§8 Available Delivery and Payment Methods

1. The Customer may use the following delivery or pickup methods for the ordered Product:
   • InPost parcel locker delivery.
2. The Customer may use payment methods supported by the providers with whom the Store cooperates.
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§9 Execution of the Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment occurs by the Seller sending the Customer an appropriate email to the email address provided during the Order placement. The confirmation of receipt of the Order by the Seller should contain at least the Seller's statements about receiving the Order and accepting it for fulfillment, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the aforementioned email by the Customer, the Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses:
   • bank transfer payment, electronic payment, or credit card payment – the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement – otherwise the order will be cancelled;
   • cash on delivery payment – the Customer is obliged to make the payment upon receipt of the shipment;
   • cash payment upon personal pickup of the shipment – the Customer is obliged to make the payment upon receipt of the shipment within 7 days from receiving information about the shipment being ready for pickup.
4. If the Customer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the time specified in its description (subject to point 5 of this paragraph) and in the manner chosen by the Customer during the Order placement.
5. In the case of ordering Products with different delivery times, the delivery time is the longest specified time.
6. The beginning of the Product delivery period to the Customer is calculated as follows:
   • if the Customer chooses bank transfer payment, electronic payment, or credit card payment – from the day the Seller's bank account is credited;
   • if the Customer chooses cash on delivery payment – from the date of concluding the Sales Agreement.
7. If the Customer chooses personal pickup of the Product, it will be ready for pickup by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the Product being ready for pickup by sending an appropriate email to the email address provided during the Order placement.
8. In the case of ordering Products with different readiness times for pickup, the readiness time for pickup is the longest specified time.
9. The beginning of the Product readiness period for pickup by the Customer is calculated as follows:
   • if the Customer chooses bank transfer payment, electronic payment, or credit card payment – from the day the Seller's bank account is credited;
   • if the Customer chooses cash payment upon personal pickup – from the date of concluding the Sales Agreement.
10. Product delivery takes place only within Poland.
11. Product delivery to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Store's page during the Order placement, including at the moment when the Customer expresses the will to conclude the Sales Agreement.
12. Personal pickup of the Product by the Customer is free of charge.

§10 Right to Withdraw from the Sales Agreement

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in point 1 begins from the delivery of the Product to the Consumer or a person designated by them other than the carrier.
3. In the case of a Sales Agreement covering many Products that are delivered separately, in batches or in parts, the period indicated in point 1 runs from the delivery of the last item, batch or part.
4. In the case of a Sales Agreement involving regular delivery of Products for a specified time (subscription), the period indicated in point 1 runs from taking possession of the first Product delivery.
5. The Consumer may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
6. The statement may be sent by traditional mail by sending the statement to the Seller's address – the Seller's contact details are specified in § 3 of the Terms and Conditions. The statement may also be submitted on the form, which is Appendix No. 1 to these Terms and Conditions and an appendix to the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827), but this is not obligatory.
7. If the Consumer sends the statement electronically, the Seller will immediately send the Consumer a confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.
8. Effects of withdrawal from the Agreement:
   • In case of withdrawal from the distance Sales Agreement, the Agreement is considered not concluded.
   • In case of withdrawal from the Sales Agreement, the Seller returns to the Consumer immediately, no later than 14 days from the date of receiving the Consumer's withdrawal statement, all payments made by them, including the cost of delivering the item, except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
   • The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for them.
   • The Seller may withhold the refund until the Product is received back or until proof of its return is provided, whichever event occurs first.
   • The Consumer should send the Product back to the Seller's address indicated in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement.
   • The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular traditional mail.
   • The Consumer is only responsible for the decrease in the value of the Product resulting from using it in a way other than what was necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular traditional mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.
10. The right to withdraw from a distance Sales Agreement does not apply to the Consumer in relation to the Sales Agreement:
    • in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individualized needs;
    • in which the subject of the service is an item delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or for hygienic reasons, if the packaging was opened after delivery;
    • in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
    • 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 Seller fulfills the service, they will lose the right to withdraw from the Sales Agreement;
    • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement;
    • in which the subject of the service is items that, after delivery, due to their nature, become inseparably connected with other items;
    • in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
    • in which the subject of the service is sound or visual recordings or computer programs delivered in sealed packaging if the packaging was opened after delivery;
    • for the delivery of newspapers, periodicals or magazines, except for subscription agreements;
    • for the delivery 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 Sales Agreement and after being informed by the Seller about the loss of the right to withdraw from the Sales Agreement.

§11 Complaints and Warranty

1. The Sales Agreement covers factory new Products.
2. The Seller is obliged to deliver to the Customer an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code (Journal of Laws 2020, item 1740 consolidated text). If the Customer is an Entrepreneur, the parties exclude warranty liability.
4. The complaint should be submitted in writing or electronically to the Seller's addresses provided in these Terms and Conditions.
5. It is recommended that the complaint includes, among others, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the Customer making the complaint, and the Customer's request regarding the defective goods.
6. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days from the date of receiving the complaint request. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Seller has accepted the Customer's request as justified.
7. Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
8. If a warranty has been granted for the Product, information about it and its content will be included in the Product description in the Store.

§12 Out-of-Court Dispute Resolution

1. Detailed information regarding the Consumer's ability to use out-of-court complaint handling and claim pursuit methods, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following exemplary options for using out-of-court complaint handling and claim pursuit methods:
   • The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Trade Inspection Act of December 15, 2000 (Journal of Laws 2014, item 148, as amended), with a request to resolve a dispute arising from the Sales Agreement concluded with the Seller.
   • The Consumer is entitled to apply to the voivodeship inspector of Trade Inspection, pursuant to Article 36 of the Trade Inspection Act of December 15, 2000 (Journal of Laws 2014, item 148, as amended), with a request to initiate mediation proceedings for amicable settlement of the dispute between the Consumer and the Seller.
   • The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Polish Consumer Association).

§13 Personal Data in the Online Store

1. The administrator of Customers' personal data collected through the Store is the Seller.
2. Customers' personal data collected by the administrator through the Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer consents – also for marketing purposes.
3. Recipients of online Store Customers' personal data may be:
   • in the case of a Customer who uses postal or courier delivery in the Store, the Administrator shares the collected Customer's personal data with the chosen carrier or intermediary executing shipments on behalf of the Administrator;
   • in the case of a Customer who uses electronic payment or credit card payment in the Store, the Administrator shares the collected Customer's personal data with the chosen entity handling the above payments in the Store.
4. The Customer has the right to access and correct their data.
5. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Terms and Conditions necessary for concluding the Sales Agreement results in the inability to conclude such Agreement.

§14 Sale of Tickets for In-Person Courses

1. The organizer of in-person courses is the Seller.
2. The Customer receives the course ticket immediately after paying for the order, electronically to the email address provided during the order.
3. The period for withdrawal from the course ticket sales agreement begins from the moment the Customer receives the ticket.
4. Only one ticket for an in-person course may be purchased during one order.
5. When ordering an in-person course participation ticket, the Buyer is obliged to provide the first name, last name, and email address of the course participant for whom they are purchasing the ticket.

§15 Final Provisions

1. Sales Agreements concluded through the Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.
3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code (Journal of Laws 1964 No. 16, item 93); the Act on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204); the Consumer Rights Act (Journal of Laws 2014, item 827), the Personal Data Protection Act (Journal of Laws 2018, item 1000).
4. The Customer has the right to use out-of-court complaint handling and claim pursuit methods. For this purpose, they may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.