Terms & Conditions

REGULATIONS OF USE OF THE INTERNET SHOP BAJOLA.EU [HOW Aleksandra Dudko]

1. GENERAL INFORMATION, DEFINITIONS

1. These Regulations set out the rules for the use of the online store located at: www.startwithow.com operated by HOW Aleksandra Dudko, NIP PL 755 194 10 67, REGON 524707060, e-mail: ola@bajola.eu (Poland).

The terms used in these Regulations have the following meanings:

Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, placing an Order and purchasing Products from the Store;

Product - physical (tangible) products, electronic products (digital content) available in the Store;

Newsletter - service described on the site, provided electronically, by means of which HOW Aleksandra Dudko sends the User information on news from the world of marketing, tips for creating a well-functioning marketing, as well as provides other similar services.

Regulations - these regulations, available at https://www.bajola.eu/terms-conditions

Store - Internet service available at www.startwithow.com, through which, the Customer places Orders for the purchase of Products;

Sales Contract - a contract of sale of a Product concluded between the Owner and the Customer using the Internet service of the Store;

Owner - HOW Aleksandra Dudko, NIP PL 755 194 10 67, REGON 524707060, e-mail: ola@bajola.eu (Poland) conducting sales through the Store;

Order - Customer's statement of intent to conclude a Sales Agreement, constituting an offer to conclude a Sales Agreement, specifying in particular the type and quantity of the Product.

2. USING THE STORE

In order to place an Order on the Store's website, it is necessary to make a selection of Products or Product variants, taking subsequent technical actions on the basis of messages displayed to the Customer and information contained on the Store's website.

The Customer, in order to purchase Products or Newsletters, collects them into the so-called shopping cart. The shopping cart is an element of the Store where the Customer transfers the Products he/she intends to purchase. The Customer can at any time view the contents of the shopping cart, add or remove Products, and immediately proceed to the process of placing an Order.

During the Order process, the Customer specifies the details of the Order, such as: invoice details.

3. PLACING AN ORDER

Orders for Products are accepted only electronically by placing an Order using the Store's website or by e-mail to: ola@bajola.eu

The prerequisite for placing an Order is to correctly fill in the Order form. An Order with an incorrectly filled form may not be processed.

When filling out the form, the Customer is required to provide correct personal information: First and Last Name, e-mail address, as well as TIN and company address data (if he needs a VAT invoice).

The provided e-mail address can be used only for contact in the process of order processing, unless the Customer agrees to be contacted for other purposes (e.g. newsletter) by checking the appropriate checkbox.

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Before accepting the Order, the Buyer will be informed about:

the main features of the Product,

the total price or remuneration for the Newsletter including taxes

the possibility to withdraw from the contract.

The Customer expresses his/her will to conclude the Sales Agreement by pressing the "order with obligation to pay" or equivalent button.

Placing an order is not equivalent to concluding a Sales Contract, but constitutes an offer to conclude such a contract.

The Contract of Sale is concluded when the Owner accepts the Order for processing, of which the Customer is informed by an e-mail confirming the purchase.

Order processing begins at the moment the transfer is credited to the Owner's bank account, or by another payment operator.

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4. ORDER PROCESSING: PRICES, PAYMENT AND DELIVERY

All prices of the Products are given in Polish zlotych or German euros. The price given next to each variant of the Product is binding at the moment of placing an order by the Customer. The Owner reserves the right to change the prices found in the Store, carry out and cancel promotional actions on the pages of the Store, use unique promotional codes available outside the Store. The above entitlement does not affect the prices of Products in orders placed before the effective date of the price change or promotional actions. The price listed next to each Product is binding at the time the Order is placed.

Each purchase made by the Customer is accompanied by a proof of purchase: receipt or VAT invoice sent electronically. Upon Customer's request, the proof of purchase will be delivered in hard copy.

The Customer may make payment for the purchased Product in the following manner: payment by Przelewy24.

Receipt of the Product takes place immediately after payment and is confirmed by e-mail.

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5 Products

5a. Electronic Products

In the case of a purchase of a Product including an Electronic Product, access to the Product will be granted to the Customer immediately after effective payment, no later than 48 hours, unless otherwise stated in the Offer.

The Electronic Product will be made available within the User Account or will be sent to the email address provided by the Customer, subject to the provisions below.

In the case of a Product such as, for example, courses or other electronic products in which materials, due to the nature of the Product, are not available immediately after purchase, the materials will be made available systematically on subsequent days of the course or immediately - as determined by the Offer.

In the case of purchase of a Product that includes live broadcasts (training/webinars/online meetings), the Customer will be granted access to the aforementioned venues immediately after purchase or within the timeframe resulting from the specifics and the Offer.

The Customer is aware that the online broadcasts may be recorded and the recordings of the broadcasts may be made available as part of the Product.

Unless otherwise specified in the Offer, access to the Product is for a limited period of 12 months from the date of the Agreement.

If the Customer cannot run the shared file or materials, it should contact the Vendor.

The Vendor shall inform the Customer of updates, including security features necessary to keep the Product in compliance with the Contract.

5b. 1:1 training

Please refer to the Offer for detailed information regarding the service.

Paid trainings last 60 minutes, unless otherwise specified in the Offer.

The 1:1 trainings will be conducted after the Customer agrees the date in advance with the Seller by e-mail, text message or through the provided online calendar visible on the individual pages of the Offer.

The Customer may use the service no later than 3 months from the date of purchase, unless otherwise stated in the Offer.

It is possible to reschedule the service 1 time. The condition for the change is cancellation of the service date no later than 48 hours before the scheduled date and setting a new date. If the service is not canceled in accordance with the above-mentioned rules, the service will be considered as performed. Rescheduling should be done by e-mail or telephone to the e-mail address or telephone number indicated in the Rules.

5c. PREMIUM NEWSLETTER: #HOWtodoit: RENEWAL AND RESIGNATION OF SUBSCRIPTION.

The Customer may cancel the Subscription at any time by disabling renewable payments, doing so in the Customer panel using the "cancel Subscription" button or equivalent.

The Customer may change the method of revolving payment in the Customer panel, which the Customer received access to after subscribing to the Newsletter.

In case of cancellation of renewable payments, the Customer retains access to the Newsletter for the entire paid period.

The amount of the next renewable payment for the Subscription is indicated during the Subscription Order, as well as in the Customer panel.

The Customer may change the Newsletter subscription variant and change the payment card details at any time during the billing period.

The Owner does not store in its system the data allowing the transaction to be processed, but only sends them to the payment provider.

Submitting payment card data when the Customer places an order causes this payment to be set as the default and will be used in the Customer's subsequent payments.

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Failure to pay the Subscription for the next billing period by the specified date indicated in the email and in the Customer panel means cancellation of the Subscription. The Subscription will automatically expire after the deadline.

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The Customer is not entitled to a refund for cancellation of the Subscription. Access to the Products under the Subscription is maintained for the entire period for which the Customer has paid the Subscription.

Once the Subscription expires, the Customer's access to the Newsletter is terminated.

The Owner strives to maintain access to the Newsletter for the entire Subscription term, but reserves the right to decide to discontinue the maintenance of the Newsletter, of which it shall notify the Customer at least 30 days in advance of the planned date of discontinuation of the Newsletter.

If the Newsletter is discontinued, the Customer may claim a refund of a portion of the price in proportion to the remaining time of the purchased Subscription relative to the Subscription period.

Customer support beyond mere access to the Newsletter (e.g., participation in groups on social networks may or may not be maintained by the Owner as part of the Subscription.

5d. Services - other

For details of the Service, please refer to the Offer.

The term of the Service is calculated from the date of receipt from the Customer of the information necessary for the due performance of the Service, unless otherwise stated in the Offer.

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6. RIGHT OF WITHDRAWAL FROM THE CONTRACT

The Seller guarantees the return of the price and costs paid by the Customer.

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Any refunds will be paid by the Owner no later than 14 days after receipt of the statement of withdrawal from the contract, using the same method of payment used by the Customer, unless the Customer has agreed to a different method of refund. The refund is not associated with additional costs. The Owner may withhold reimbursement of amounts received by the Customer until the Product is received back or the consumer provides proof of its return, whichever is earlier.

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The right of withdrawal shall be granted to Customers purchasing the Product or service, unless otherwise expressly stipulated in the description of the Product or Newsletter, to which the Customer has expressly agreed.

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7. TECHNICAL REQUIREMENTS, FUNCTIONALITY AND INTEROPERABILITY OF DIGITAL CONTENT, PROVISION OF SERVICES BY ELECTRONIC MEANS

The Owner provides the Customer with an electronic service consisting of enabling the conclusion of a contract for the delivery of Electronic Products and the use of Electronic Products.

It is not necessary to have an account in the Store to conclude a sales contract.

The service of access to the functionality of the Store is provided free of charge. Acquisition of the Product available in the Store takes place for a fee.

To place an order and use the functionality of the Store, as well as to use the services and products, it is necessary.

having an active e-mail account (for making purchases in the Store and receiving them)

Internet browser taking into account current updates, with JavaScript enabled, cookies enabled in the browser,

access to the Internet,

installation of applications that allow you to read PDF files, the ability to play video materials

The store uses cookies to ensure security and a high level of customer service. The customer can at any time independently change the settings for cookies - determine the conditions for storing and accessing by cookies to his device through the settings of the web browser or through the configuration of the service.

The Customer has the right to file a complaint about the functioning of the Store by sending an e-mail to ola@bajola.eu

A response to the complaint will be sent within 14 days of its receipt to the address indicated in the complaint.

The Owner provides access to the Product for the period for which the Product was purchased, calculated from the date of purchase of the Product.

Customer support beyond mere access to the Product (e.g., participation in groups on social networks), as long as the sales offer of the Product in question indicates that it is provided upon purchase of access to the Product in question, is guaranteed within 60 from the sale of the Product and may or may not be maintained thereafter.

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8. PERSONAL DATA AND COOKIES

Personal data are collected and processed for the purpose of fulfilling the sales contract and providing access to Electronic Products.

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Provision of personal data by the Customer is voluntary, but lack of consent to their processing for the purpose referred to in paragraph 1 will prevent the execution of the Order. Personal data are protected in accordance with applicable laws.

Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy.

9. COMPLAINT AND WARRANTY

This section defines the rules of liability for compliance of performance with the Contract obliging to transfer ownership of the Goods to the Consumer and the Entrepreneur on the rights of the Consumer for contracts concluded from January 1, 2023.

The provisions of Section XI of Book Three II of Title II of the Act of April 23, 1964, shall not apply to contracts obliging the transfer of ownership of the Goods, including, in particular, contracts of sale, contracts of delivery and contracts for work being the Goods. - Civil Code, but only the Law on Consumer Rights. Detailed information on the aforementioned rules can be found in the Law on Consumer Rights, and these Regulations are not intended to limit or change them.

The provisions of this chapter do not apply to Goods that serve only as a carrier of digital content.

In addition to warranty rights, some Goods may be covered by a warranty. In such case, the warranty information will be specified, among other things, in the Offer or in a separate document in accordance with the rules provided for in the Consumer Rights Act.

10. IMAGE

The Client is aware that the image of the Participant provided by the Client in the course of cooperation with the Vendor may be processed by the Vendor, including recording and disseminating for educational and archival purposes, as well as for purposes related to the performance of the Contract.

The Client, by switching on the camera during the online transmission (training/webinars/online meetings) or by making his/her image available to the Vendor in any other way, consents to the Vendor's recording, use and dissemination of the Participant's image in the form of a recording/photographs of the online transmission/cooperation for the purposes indicated in paragraph 1.

Processing of the Client's/Participant's image for marketing and promotional purposes requires a separate consent.

The image referred to above may be used for various forms of electronic processing, framing and composition, as well as juxtaposed with images of other persons participating in the online transmission, while the film and sound recording with its participation may be cut, edited, modified, added to other materials created as part of the Vendor's activities. Consent includes all forms of publication.

The Client may not record, use and distribute the image of other participants/leaders without the prior consent of the aforementioned persons.

11. ADDITIONAL RIGHTS OF THE CUSTOMER REGARDING CONTENT/DIGITAL SERVICE

This Section defines the rights of the Consumer and the Entrepreneur on the rights of the Consumer in the case of contracts for the provision of content/digital service concluded from January 1, 2023. The details of the Customer's rights are set forth in the provisions of the Law on Consumer Rights, and these Regulations are not intended to limit or change them.

If the digital content or digital service is not in compliance with the contract, the Customer may demand to bring it into compliance with the contract or make a statement to reduce the price or withdraw from the contract.

The Seller may refuse to bring the digital content or digital service into conformity with the contract if bringing the digital content or digital service into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.

If the digital content or digital service is not in conformity with the contract, the Customer may submit a statement of price reduction or withdrawal from the contract when:

bringing the digital content or service into conformity with the contract is impossible or requires excessive costs

The seller has not brought the digital content or digital service into conformity with the contract;

the lack of conformity with the contract continues even though the Seller has tried to bring the digital content or digital service into conformity with the contract;

the lack of conformity of the digital content or digital service with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;

it is clear from the Seller's statement or circumstances that it will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.

The Customer may not withdraw from the contract if the digital content or digital service is provided in exchange for payment of a price, and the lack of conformity with the contract is insignificant.

If the Customer has not received the digital content or service, the Customer shall inform the Seller. If they are not delivered immediately or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract.

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The Customer may withdraw from the contract without calling for delivery of the digital content or digital service if:

The vendor has stated or it is clear from the circumstances that it will not deliver the digital content or digital service, or

The parties agreed or it is clear from the circumstances of the conclusion of the contract that the specified date for the delivery of the digital content or digital service was of significant importance to the Customer, and the Seller did not deliver it within this period.

The provisions of this chapter shall not apply if the contract provides for the delivery of digital content via a tangible medium.

12. CONCLUSION

For the avoidance of doubt, it is stated that none of the provisions of these Rules and Regulations does not limit the rights of the consumer under the provisions of the law in force on the territory of the Republic of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of the Republic of Poland shall apply, in particular the Civil Code and the Law on Consumer Rights.

The Owner indicates that all Products available in the Store are protected by copyright. Further distribution of the Products without the consent of their creator constitutes a violation of copyright and may result in civil and criminal liability.

Settlement of any disputes arising between the Owner and the Customer, who is a consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, with the Owner allowing mediation proceedings. The consumer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection or to the provincial inspector of the Trade Inspection, and may obtain free assistance in resolving the dispute between the Customer who is a consumer and the Owner, using the free assistance of the district (city) consumer ombudsman.

The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.

Settlement of any disputes arising between the Owner and the Customer, who is not a consumer, shall be submitted to the court having jurisdiction over the seat of the Store.

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The Owner reserves the right to amend the Regulations. Any changes to the Regulations shall come into force on the date indicated by the Store. Orders placed before the effective date of amendments to these Regulations are carried out on the basis of the provisions in force on the date of the order.

INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT

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You have the right to withdraw from this contract within 14 days without giving any reason. The period for withdrawal expires after 14 days from the date of conclusion of the contract (in the case of contracts for the provision of services)/ from the date on which you took possession of the item or on which a third party other than the carrier and indicated by you - took possession of the item, and in the case of items delivered in batches - from the date on which you took possession of the last item. In the case of contracts for regular delivery of things for a specified period of time - from the date on which you or a third party - designated by you (other than the carrier) - took possession of the first of the things.

To exercise your right of withdrawal you must inform us of your decision to withdraw from this contract by an unequivocal statement.

Our contact information: HOW Aleksandra Dudko, e-mail: contact@startwithow.com

You may use the model withdrawal form, but it is not mandatory. In order to observe the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with the refund.

We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.

Please send back or hand over the Product to us immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from the contract. The deadline is met if you send the item back to us before the expiration of the 14 days.

You will have to bear the direct costs of returning the item, unless otherwise stated in the Offer.

You will only be liable for any diminution in the value of the Product resulting from your use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.

If you have requested the commencement of services before the expiration of the withdrawal period, you will pay us an amount proportionate to the extent of the services performed up to the moment you informed us of your withdrawal from this contract.

Withdrawal from the contract is possible unless the Offer provides otherwise.

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These Regulations are effective 4.01.2025.

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