REGULATIONS OF THE ONLINE SHOP
Before placing an order please read these Regulations of the Online Shop and the Terms and Conditions of Language Audits Services ordered via Online Shop. These Regulations are addressed to both Consumers, Entrepreneurs with Consumer rights, and Entrepreneurs using the Shop, and define the rules for using the Online Shop as well as the rules and procedure for concluding Contracts with the Customer remotely via the Shop.
The Terms and Conditions of language audits services ordered via Online Shop are available at: https://focusaudits.eu/terms-and-conditions-of-language-audits/
§ 1. General provisions
1. These Regulations govern the use of the Online Shop at https://focusaudits.eu/shop ,
2. The online Shop operating at https://focusaudits.eu/shop (hereinafter referred to as: “Shop” or “Focus Audit Tool Online Shop”) is run by Skrivanek sp. z o.o. (limited liability company) with its registered office in Warsaw (00-550), Plac Konstytucji 6/75, entered into the Register of Entrepreneurs of the National Court Register (KRS) under KRS No.: 0000024886, with NIP (Tax ID): 6342245400 and REGON (Business ID): 273716037 (hereinafter referred to as “Skrivanek”).
3. Entrepreneur’s contact details, enabling the Buyer to contact the Seller:
a. postal address: ul. Podlaska 12, 20-304 Lublin;
b. phone number: +48 601 587 888 and +48 790 288 381;
c. e-mail address: email@example.com.
4. The Customer may communicate with the Seller using the addresses provided in this paragraph.
5. The Customer may communicate with the Seller by phone on business days from 10:00 to 15:00 CET/CEST.
6. The Regulations of the Focus Audit Tool Online Shop are placed continuously on the website https://focusaudits.eu/regulations-of-the-online-shop/ in a way that allows Customers to obtain, reproduce and record its content. The Regulations are also made available to Customers before concluding the Contract.
§ 2. Definitions
1. For the purposes of these Regulations, the following meanings of the following terms are used:
a. Order Form – an interactive Form available in the Shop that allows to place an Order, in particular by adding Products to the Basket and specifying the terms of the Contract, including the method of delivery and payment.
b. Customer – a natural person, legal person or organizational unit that is not a legal person, to whom specific provisions grant legal capacity, who makes or plans to place an Order within the Online Shop using electronic means, including a Consumer, an Entrepreneur with Consumer rights and an Entrepreneur.
c. Consumer – a natural person within the meaning of art. 221 of the Civil Code.
d. Cart – an element of the Shop’s software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of Products.
e. Product/Service – the service of the levelling test/language audit offered by the Seller, provided only by electronic means.
f. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
g. Entrepreneur with consumer rights – it is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
h. Regulations – these Regulations of the Online Shop and the terms and conditions of service, specifying the rules for using the Shop, as well as the obligations and rights of both the Seller and the Customer.
i. Shop – Online Shop run by the Seller located at: https://focusaudits.eu/shop .
j. Seller – Skrivanek sp. z o.o. (limited liability company) with its registered office in Warsaw (00-550), Plac Konstytucji 6/75, entered into the Register of Entrepreneurs of the National Court Register (KRS) under KRS No.: 0000024886, with NIP (Tax ID): 6342245400 and REGON (Business ID): 273716037.
k. Contract – a distance contract, a Product sales contract concluded or concluded between the Customer and the Seller via the Online Shop. The Contract is also understood as – applying to the characteristics of the Product – a contract for the provision of services.
l. Distance Contract – A contract concluded with the Customer as part of an organized system for concluding distance contracts (as part of the Shop), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the moment of conclusion of the contract.
m. Order – the Customer’s declaration of will, in which the Customer accepts the Seller’s sale offer, which includes, in particular, the price, type, quantity of Services as part of the sale via the Shop.
§ 3. Rules for using the Shop
1. The prices of all Products offered in the Shop are final gross prices (including TAX) and are expressed in Polish zlotys. Deviations from the Polish currency rule are clearly marked.
2. In order to correctly calculate the final price on the Shop’s website, it is necessary to indicate the country of residence on the Order Form page.
3. The prices on the Shop’s website, as well as the descriptions of the Products, constitute only commercial information and invitation to place an order and not an offer within the meaning of the Civil Code. They become binding for the purposes of concluding a specific contract only when the Seller confirms the acceptance of the order for execution.
4. The invitation to place an order is addressed to:
a. Consumers and Entrepreneurs with Consumer rights whose country of residence is Poland;
b. Companies with their registered office in any country of the European Union or outside the European Union.
5. To place an order in the Shop, it is necessary to accept these Regulations.
6. To successfully place an order in the Shop, it is necessary to have device with Internet access that allows to browse websites, as well as a keyboard or other device that allows to correctly complete electronic forms and an active e-mail account. It is recommended to use the latest versions of web browsers.
7. The Shop’s website has an SSL certificate – a secure communication encryption protocol.
8. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Shop, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Shop with the Customer’s technical infrastructure.
9. Browsing the Shop’s assortment does not require creating an account. Placing orders by the Customer for Products in the Shop’s assortment is possible by providing the necessary personal and address data enabling the execution of the Order in the Order Form.
10. When the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the amount of the final price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided by electronic correspondence with the Customer.
§ 4. Rules for placing orders
1. Orders in the Shop can be made by completing the appropriate Forms available on the Shop’s website.
2. When placing an order, the Customer is obliged to provide correct personal data: name and surname, full address, e-mail address and phone number. In the case of a Customer who is an Entrepreneur, it will also be necessary to provide the company name and TAX number, and in the fields name and surname, provide the data of the person placing the order on behalf of the Enterprise.
3. After receiving the order, the Seller confirms its receipt, and then confirms the acceptance of the Order for execution. Confirmation of the Order takes place by sending the appropriate e-mail message by the Seller to the Customer to the address provided in the Order Form. Upon confirmation of the acceptance of the order by the Seller, the Contract is considered concluded.
4. The content of the Contract is made available and recorded by making these Regulations available on the Shop’s website and sending relevant information to the Customer’s e-mail address provided when placing the order referred to in §4 point 2.
5. Placing Orders in the Shop is possible 24 hours a day, all days of the year.
6. Placing an Order (even if it has been paid immediately) is tantamount to submitting an offer to the Seller to purchase a specific Product.
7. The final conclusion of the Contract takes place only when the Seller sends the Customer confirmation of acceptance of the Order
§ 5. Methods and terms of payment
1. It is possible to pay for the Orders only by bank transfer to the Seller’s bank account.
2. After confirming the acceptance of the order for execution, the Customer receives by e-mail the bank account number to which the correct amount should be transferred.
3. The Customer is obliged to make the payment using the above-mentioned method within 7 calendar days from the date of conclusion of the Contract – otherwise the Order will be cancelled.
4. The invoice for the Order is issued by the 15th day of the following month in relation to the one in which the sale of a given service took place and delivered in electronic form via e-mail to the Customer’s e-mail address provided when placing the order referred to in §4 point 2.
§6. Performance of the Contract
1. Access to the Product in the form of a one-time link to the audit will be sent to the e-mail address or addresses provided by the Customer within a maximum of 3 business days from the date of crediting the Seller’s bank account.
2. The results of the audit in the form of an electronic report (PDF file) will be sent to the e-mail address or addresses provided by the Customer within a maximum of 2 business days from the successful completion of the audit.
3. In the event of purchasing more than one Product for more than one person, the Customer undertakes to provide the details of the persons to whom access to the Product should be sent. If this data is not provided, the Seller will send access to the Products to the main address indicated in the Order Form.
4. The Product is considered delivered when the Customer receives a link to access the Product (audit).
5. The link enabling access to the Product (audit) remains active for a period of 1 month from adding, unless the Seller and the Customer agree otherwise.
6. To use the Products, it is necessary to meet the following technical conditions:
a. terminal device with access to the Internet enabling browsing websites, as well as a keyboard and mouse or other device enabling correct text input and selection of answers;
b. operating system: Windows, ChromeOS, MacOS, Android or iOS (excluding Products whose description states otherwise);
c. Google Chrome or Mozilla Firefox web browser in the latest available version;
d. access to a device with speakers and a microphone or a headset with a microphone;
e. installed Skype or WhatsApp and an active user account;
f. the ability to play audio files and record sound;
g. having an active e-mail address.
§ 7. Right of withdrawal
1. The Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer who has concluded a distance or off-premises contract has the right to withdraw from the concluded sales contract within 14 days from the date of handing over the Product to him without giving a reason.
2. The period specified above starts from the date of concluding the contract for the provision of the service.
3. The consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. The statement may be submitted on the Form, the template of which is attached as Appendix 1 to the Regulations.
4. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period. A declaration of withdrawal submitted after the deadline referred to in § 7 point 1 has no legal effects.
5. The form of declaration of withdrawal from the Agreement (Appendix No. 1 to these Regulations) is provided to the Customer in electronic form.
6. The statement may be sent electronically by sending the statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 2.
7. Consequences of withdrawing from the Agreement:
a. In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller returns to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him.
c. 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 him.
d. The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, depending on which event occurs first.
e. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
f. The consumer bears the direct costs of returning the Product, including the cost of returning the Product.
g. The consumer is only liable for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
8. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
a. a statement of services for which the Consumer is obliged to pay the price, if the Entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract, and acknowledged this;
b. in which the price or remuneration depends on fluctuations in the financial market over which the Entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;
c. in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs;
d. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
e. in which the subject of the service is goods 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;
f. in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery;
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Entrepreneur has no control;
h. in which the Consumer explicitly demanded that the Entrepreneur come to him for urgent repair or maintenance; if the Entrepreneur provides additional services other than those requested by the Consumer, or delivers goods other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the contract in relation to additional services or goods;
i. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
j. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
k. concluded by way of a public auction;
l. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
m. for the delivery of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Entrepreneur started the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract, and accepted this, and the Entrepreneur has provided the Consumer with confirmation,
n. a statement of services for which the Consumer is obliged to pay the price, for which the Consumer has expressly requested the entrepreneur to come to him for repair, and the Service has already been fully performed with the express and prior consent of the Consumer.
9. If the Consumer exercises the right to withdraw from the contract after making a request in accordance with § 7 point 1, is obliged to pay for the services provided until the withdrawal from the Agreement. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price agreed in the Agreement.
§ 8. Complaints
1. The Seller is not responsible for technical defects caused by the Customer’s poor Internet connection.
2. In the event of a defect in the Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding non-compliance with the contract or non-delivery of the Product.
3. A complaint for non-compliance with the contract or non-delivery of the Product should be submitted in writing by e-mail to the Seller’s address specified in § 1.
4. The seller is obliged to respond to the customer’s complaint within 14 days from the date of its receipt. If the Seller has not responded to the complaint within the time limit referred to in paragraph 3, it is considered that the complaint has been accepted.
§ 9. Out-of-court methods of dealing with complaints and pursuing claims
1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of municipal Consumer Advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the 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 possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
a. The consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of municipal Consumer Ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers).
§ 10. Protection of personal data
3. The data may be made available to other personal data administrators only for the purpose of performing the contract.
§ 11. Final provisions
1. Contracts concluded through the Online Shop are concluded in Polish or in English.
2. The Regulations come into force on the date of publication on the Seller’s website and from that date will apply to contracts for the sale of Services concluded electronically.
3. In the event of disputes related to the Regulations and contracts concluded on its basis, the provisions of Polish law, including the provisions of the Civil Code and relevant laws, shall apply.
4. The Seller agrees to submit any disputes arising in connection with the concluded Agreements, including the delivery of digital content, through mediation proceedings.
5. The seller undertakes to apply the code of good practice (code of conduct) available at: https://focusaudits.eu/code-of-conduct/
6. These Regulations have been drawn up in two language versions. In the event of any discrepancies between the Regulations in Polish and English, the Polish version shall prevail (https://focusaudits.eu/pl/regulamin-sklepu-internetowego/)
7. These Regulations are effective as of 31 March 2023.
Appendix No. 1. Template withdrawal form.
Appendix No. 1 to the Regulations.
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(This form must be completed and returned only if you wish to withdraw from the contract)
Skrivanek sp. z o.o., Plac Konstytucji 6/75, 00-550 Warsaw, Poland
Address for correspondence: ul. Podlaska 12, 20-304 Lublin, Poland
+48 601 587 888 | +48 790 288 381
I (*)/We(*) hereby inform about my(*)/our(*) withdrawal from the contract for the sale of the following items(*)/the contract for the supply of the following items(*)/the contract for a specific work involving the performance of the following items( *)/for the provision of the following service(*):
Date of conclusion of the contract(*)/receipt(*):
Name and surname of the Consumer(s):
Signature of the Consumer(s) (only if the Form is sent on paper):
(*) Delete where not applicable.