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Training Regulations

Online Store Terms and Conditions
PCC-CERT Group sp. z o.o.

dated 12 January 2021

1 Preliminary provisions

The online store of PCC-CERT Group sp. z o.o., available at https://www.pcc-cert.pl/, is operated by Magdalena Katarzyna Szwak, with its registered office at Sportowa 29, 55-040 Kobierzyce, Poland, entered in the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000512264, with a share capital of PLN 5,000, Tax Identification Number (NIP): 8961538035, and National Business Registry Number (REGON): 022429536.
These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and set out the rules for using the Online Store and the rules and procedure for concluding distance Sales Agreements with Customers via the Store.

2 Definitions

Consumer – a natural person concluding an agreement with the Seller via the Store, the subject matter of which is not directly related to their business or professional activity.
Seller – PCC-CERT Group sp. z o.o., with its registered office in Kobierzyce at ul. Sportowa 29, postal code 55-040, entered in the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000512264, with a share capital of PLN 5,000, Tax Identification Number (NIP): 8961538035, and National Business Registry Number (REGON): 022429536.
Entrepreneur – a natural person, legal person or organisational unit without legal personality upon which a separate act confers legal capacity, conducting business activity in its own name and using the Store.
Store – the online store operated by the Seller at https://www.pcc-cert.pl/.
Distance Agreement – an agreement concluded with a Customer as part of an organised distance agreement scheme (within the Store), without the simultaneous physical presence of the parties and with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded.
Terms and Conditions – these Terms and Conditions of the Store.
Order – a declaration of intent submitted by the Customer using the Order Form and aimed directly at concluding a Sales Agreement for one or more Products with the Seller.
Account – the Customer’s account in the Store, in which the data provided by the Customer and information concerning Orders placed by the Customer in the Store are stored.
Registration Form – a form available in the Store that enables an Account to be created.
Order Form – an interactive form available in the Store that enables an Order to be placed, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the delivery and payment methods.
Shopping Cart – an element of the Store’s software that displays the Products selected for purchase by the Customer and enables the Customer to determine and modify the Order details, particularly the quantity of Products.
Product – a service available in the Store that constitutes the subject matter of a Sales Agreement between the Customer and the Seller.
Sales Agreement – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller via the Online Store. Depending on the characteristics of the Product, the term Sales Agreement also includes an agreement for the provision of services and a contract for specific work.

3 Contact with the Store

Seller’s address: Sportowa 29, 55-040 Kobierzyce, Poland.
Seller’s email address: szkolenia@pcc-cert.pl.
Seller’s telephone number: 730792671.
Seller’s bank account number at Bank Pekao S.A.:
64 1240 6768 1111 0010 9951 8382.
The Customer may contact the Seller using the addresses and telephone numbers provided in this section.
The Customer may contact the Seller by telephone on business days between 08:00 and 16:00.

4 Technical requirements

To use the Store, including browsing its range of products and placing Product orders, the following are required:

an end device with Internet access and a web browser,
an active email account,
cookies enabled,
Flash Player installed.

5 General information

To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties or incompatibility between the Online Store and the Customer’s technical infrastructure.
Browsing the Store’s range of products does not require an Account. The Customer may place orders for Products available in the Store either after creating an Account in accordance with § 6 of these Terms and Conditions or by providing the personal and address details necessary to process the Order without creating an Account.
Prices displayed in the Store are stated in Polish zlotys and are gross prices, including VAT.
The final amount payable by the Customer consists of the price of the Product and the delivery cost, including transport, delivery and postal service charges. The Customer is informed of this amount on the Store’s pages while placing the Order, including at the time of expressing their intention to be bound by the Sales Agreement.
For an Agreement covering a subscription or the provision of services for an indefinite period, the final price shall be the total price covering all payments for the billing period.
Where, due to the nature of the subject matter of the Agreement, the final price cannot reasonably be calculated in advance, information on how the price will be calculated, as well as transport, delivery, postal service and other charges, will be provided in the Product description in the Store.

6 Creating an Account in the Store

Purchases may be made without creating an Account.

7 Rules for placing Orders

To place an Order, the Customer must:

log in to the Store (optional);
select the Product that is the subject of the Order and then click the “Buy now” or “Book now” button, or an equivalent button;
log in or use the option to place an Order without registering;
select one of the available payment methods and, depending on the payment method selected, pay for the Order within the specified period, subject to § 8 point 3.

8 Available delivery and payment methods

After the purchase, the Customer will receive a message containing information about registration and participation in the course.
The Customer may use the following payment methods:
payment by bank transfer to the Seller’s bank account,
electronic payment,
payment by payment card.
Detailed information concerning delivery methods and accepted payment methods is available on the Store’s pages.

9 Performance of the Sales Agreement

After an Order has been placed, the Seller shall immediately acknowledge its receipt and simultaneously accept it for processing. The Seller shall acknowledge receipt and acceptance of the Order by sending an appropriate email to the Customer’s email address provided while placing the Order. The email shall contain at least the Seller’s statements acknowledging receipt and acceptance of the Order and confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives this email.
If the Customer selects:
payment by bank transfer, electronic payment or payment card, the Customer is required to make the payment no later than on the date of the training course; otherwise, the Order will be cancelled.
The Product will be dispatched by the Seller within the period specified in its description, subject to paragraph 5 of this section, using the method selected by the Customer when placing the Order.
A. If Products with different delivery dates are ordered, the delivery date shall be the latest date specified.

B. If Products with different delivery dates are ordered, the Customer may request that the Products be delivered in separate parts or that all Products be delivered once the entire Order has been completed.

The delivery period for the Product to the Customer shall begin as follows:
if the Customer selects payment by bank transfer, electronic payment or payment card—from the date on which the Seller’s bank account is credited.
If Products with different collection readiness dates are ordered, the collection readiness date shall be the latest date specified.
The period within which the Product will be ready for collection by the Customer shall begin as follows:
if the Customer selects payment by bank transfer, electronic payment or payment card—from the date on which the Seller’s bank account is credited.
if the Customer selects cash payment upon personal collection—from the date on which the Sales Agreement is concluded.
Products are delivered exclusively within Poland.
Delivery of the Product to the Customer is subject to a charge unless the Sales Agreement provides otherwise. The Product delivery costs, including transport, delivery and postal service charges, are indicated to the Customer on the Online Store’s pages under “Delivery costs” and while the Order is being placed, including at the time when the Customer expresses their intention to be bound by the Sales Agreement.

10 Right to withdraw from the Agreement

The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period specified in paragraph 1 begins when the Product is delivered to the Consumer or to a person designated by the Consumer other than the carrier.
For an Agreement covering multiple Products delivered separately, in batches or in parts, the period specified in paragraph 1 begins upon delivery of the final item, batch or part.
For an Agreement involving the regular delivery of Products for a fixed period (subscription), the period specified in paragraph 1 begins when the Consumer takes possession of the first item.
The Consumer may withdraw from the Agreement by submitting a withdrawal statement to the Seller. To comply with the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
The statement may be sent by traditional mail, fax or electronically by sending it to the Seller’s email address or submitting it via the Seller’s website. The Seller’s contact details are specified in § 3. The statement may also be submitted using the form provided as Appendix 1 to these Terms and Conditions and as an appendix to the Polish Consumer Rights Act of 30 May 2014, although use of this form is not mandatory.
If the Consumer submits the statement electronically, the Seller shall immediately send confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.
Effects of withdrawal from the Agreement:
If the Consumer withdraws from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
If the Consumer withdraws from the Agreement, the Seller shall immediately, and no later than within 14 days of receiving the Consumer’s withdrawal statement, reimburse all payments made by the Consumer, including the costs of delivering the goods, except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller.
The Seller shall issue the reimbursement using the same payment method used by the Consumer in the original transaction unless the Consumer has expressly agreed to another method that does not incur any costs for the Consumer.
The Seller may withhold the reimbursement until the Product has been returned or the Seller has received proof that it has been sent back, whichever occurs first.
The Consumer should return the Product to the Seller’s address specified in these Terms and Conditions immediately and no later than within 14 days of informing the Seller of their withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back before the 14-day period expires.
The Consumer shall bear the direct costs of returning the Product, including the costs of returning a Product that, due to its nature, cannot normally be returned by post.
The Consumer shall only be liable for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
If, due to its nature, the Product cannot normally be returned by post, information concerning this fact and the cost of returning the Product will be provided in the Product description in the Store.
The Consumer shall not have the right to withdraw from a Distance Agreement in relation to an Agreement:
for the supply of non-prefabricated goods manufactured according to the Consumer’s specifications or intended to satisfy the Consumer’s individual needs,
for the supply of goods delivered in sealed packaging that cannot be returned after the packaging has been opened for health protection or hygiene reasons, provided that the packaging was opened after delivery,
for the supply of goods that are liable to deteriorate rapidly or have a short shelf life,
for the provision of services, where the Seller has fully performed the service with the Consumer’s express consent and the Consumer was informed before performance began that they would lose the right to withdraw from the Agreement once the Seller had fully performed the service,
where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires,
for the supply of goods which, due to their nature, become inseparably combined with other goods after delivery,
for the supply of alcoholic beverages whose price was agreed upon when the Sales Agreement was concluded, but which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control,
for the supply of audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery,
for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements,
for the supply of digital content not provided on a tangible medium, where performance began with the Consumer’s express consent before the withdrawal period expired and after the Seller had informed the Consumer that they would lose the right to withdraw from the Agreement.

11 Complaints and warranties

The Sales Agreement covers new Products.
If goods purchased from the Seller are defective, the Customer has the right to submit a complaint under the statutory warranty provisions of the Polish Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty.
Complaints should be submitted in writing or electronically using the Seller’s addresses provided in these Terms and Conditions.
The Seller shall respond to the complaint without undue delay and, if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer and the Seller fails to respond to the complaint within 14 days, the Customer’s claim shall be deemed justified.
Goods returned as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
If a warranty has been granted for a Product, information about the warranty and its terms will be included with the Product description in the Store.

12 Out-of-court complaint handling and redress procedures

Detailed information concerning the Consumer’s ability to use out-of-court complaint handling and redress procedures and the rules for accessing these procedures is available at the offices and on the websites of district and municipal consumer ombudsmen, social organisations whose statutory responsibilities include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Polish 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.
The Consumer may use, among others, the following out-of-court complaint handling and redress procedures:
The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from an Agreement concluded with the Seller.
The Consumer is entitled to apply to the Provincial Inspector of Trade Inspection, pursuant to Article 36 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings aimed at reaching an amicable settlement of the dispute between the Consumer and the Seller.
The Consumer may obtain free assistance in resolving a dispute with the Seller by using the free services of a district or municipal consumer ombudsman or a social organisation whose statutory responsibilities include consumer protection, including the Consumer Federation and the Association of Polish Consumers.

13 Personal data in the Online Store

The Seller is the controller of Customers’ personal data collected via the Online Store.
Customers’ personal data collected by the controller via the Online Store is collected for the purpose of performing the Sales Agreement and, if the Customer consents, also for marketing purposes.
The recipients of the personal data of Online Store Customers may include:
if a Customer uses postal or courier delivery in the Online Store, the Controller discloses the Customer’s collected personal data to the selected carrier or intermediary responsible for handling shipments on behalf of the Controller.
if a Customer uses electronic payment or payment by payment card in the Online Store, the Controller discloses the Customer’s collected personal data to the selected entity responsible for processing such payments in the Online Store.
The Customer has the right to access and rectify their personal data.
Providing personal data is voluntary. However, failure to provide the personal data specified in these Terms and Conditions as necessary to conclude the Sales Agreement will make it impossible to conclude the Agreement.

14 Final provisions

Agreements concluded via the Online Store are concluded in Polish.
The Seller reserves the right to amend these Terms and Conditions for important reasons, including changes in applicable law and changes to payment and delivery methods, to the extent that such changes affect the implementation of these Terms and Conditions. The Seller shall notify the Customer of each amendment at least seven days in advance.
Matters not regulated by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, particularly the Polish Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act and the Personal Data Protection Act.
The Customer has the right to use out-of-court complaint handling and redress procedures. For this purpose, the Customer may submit a complaint via the EU Online Dispute Resolution platform available at: http://ec.europa.eu/consumers/odr/.

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