terms and conditions of contrea.eu website

Table of contents:

§ 1 Definitions

§ 2 General provisions

§ 3 Orders

§ 4 Payment and price

§ 5 Provisions concerning Training Services

§ 6 Provisions concerning Online Consulting

§ 7 Withdrawal from the Agreement

§ 8 Complaints

§ 9 Personal Data Protection

§ 10 Provision of services by electronic means

§ 11 Final Provisions

§ 1 Definitions

The terms used in these Terms and Conditions shall mean respectively:

Website / Internet Website – the website operated by the Service Provider available at https://contrea.eu;
Service Provider – Marta Głowacka running a business under the name Contrea Marta Głowacka, ul.1 Maja 13, 3 floor, 10-117 Olsztyn, NIP: 6941571258, REGON: 524826929, e-mail address: contact@contrea.eu, telephone number: tbc;
Client – an adult natural person, a legal person and an organizational unit without legal personality, to which the law grants legal capacity, purchasing Online Consultation or Training Services through the Website;
Client Account – an individual Client panel created automatically after placing an Order, marked with a login and password, allowing access to services that are the subject of Orders;
Trainee – a natural person participating in the training provided as part of the Training Service;
Consumer – a natural person purchasing Online Consultation or Training Services on the Website for a purpose not directly related to his/her business or professional activity;
Entrepreneur – a natural person, a legal person or an unincorporated entity purchasing Online Consultations or Training Services on the Website as part of its business or professional activity; in the case of a natural person, a natural person purchasing Online Consultations or Training Services on the Website for the purpose directly related to its business activity is considered an Entrepreneur, when the content of this agreement shows that it has a professional character for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions of the Central Registration and Information on Business Activity;
Entrepreneur entitled to consumer rights – a natural person purchasing Online Consultation or Training Services on the Website for the purpose directly related to its business activity, when it follows from the content of this agreement that it does not have a professional character for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
Business days – days of the week from Monday to Friday, except for public holidays in accordance with the Act of January 18, 1951 on Public Holidays;
Terms and Conditions – this document, which defines the rights and obligations of the Service Provider and the Client, as well as the conditions for placing Orders and concluding Agreements on the Website;
Order – Client’s declaration of will to enter into a Contract submitted to Service Provider, submitted using the functionality of the Website, containing information necessary to enter into and execute the Contract;
Shopping Basket – a service made available by the Service Provider on the Website, which shows Online Consultations or Training Services added by the Client to the Order, allowing the Order to be placed and changed, as well as displaying the current value of the Order;
Online Consultation – individual consultations taking place online, provided by the Service Provider to the Client on the basis of the Contract;
Training Service – educational workshops taking place synchronously on-line, provided by the Service Provider to the Client on the basis of the Contract;
Contract – a contract for the provision of services by the Service Provider to the Client concerning Online Consultation or Training Services covered by the Order, the terms and conditions of which are set forth in the Terms and Conditions;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
Payment Operator – means an entity providing payment services on the Website to its Clients. The payment operator is the provider of online payment service paynow – mBank S.A., 18 Prosta St., 00-850 Warsaw.

§ 2 General provisions

The Internet service available at https://contrea.eu is run by Marta Głowacka running a business under the name Contrea Marta Głowacka, 1 Maja Street 13, 3rd floor, 10-117 Olsztyn, NIP: 6941571258, REGON: 524826929, e-mail address: contact@contrea.eu, telephone number: tbc .
The Terms and Conditions define the rights and obligations of the Client and the Service Provider.
The Terms and Conditions are drawn up in the Polish language and constitute a standard contract within the meaning of the Act of 23 April 1964. – Civil Code. This English version of the Terms and Conditions is a translation of the Polish version. In the event of any discrepancies between the two versions, the Polish version shall prevail.
In order to conclude a Contract with the Service Provider, the Client may exercise the right to negotiate the terms of the Contract before placing the Order. If the Client waives the possibility to negotiate, these Terms and Conditions shall constitute the content of the Agreement concluded between the parties.
The Client may access the Terms and Conditions at any time at: https://contrea.eu/terms-amd-conditions, as well as by saving it in any format on a medium of his/her choice.
These Terms and Conditions shall be an integral part of all Contracts for Online Consultation or Training Services concluded by the Service Provider, including Contracts concluded by Order placed by e-mail or telephone, provided that these Terms and Conditions are delivered to the Client prior to the conclusion of the Contract.
Communication with the Service Provider made by the Client shall cause the Client to incur the costs that result from the contracts concluded by the Client with third parties, for the possibility of using certain forms of remote communication. The Service Provider does not charge any additional fees or benefits for the ability to communicate with it.
The consumer, in the situation of a dispute with the Service Provider, has the opportunity to settle the matter amicably by:
1. applying to a permanent amicable consumer court,
2. mediation,
3. turning to the Provincial Inspector of Commercial Inspection,
4. turning to the Consumer Federation,
5. using the platform of the online system of dispute resolution between consumers and businesses at the EU level available at http://ec.europa.eu/consumers/odr (ODR Platform).

§ 3 Orders

To place an Order, the Customer should select the Online Consultation or Training Service he/she intends to order by pressing the “Order” button. The Client is then redirected to the form used to place the Order in order to enter his/her data. The Order is placed by selecting the “Order and Pay” button, after which the Client is redirected to the payment Operator’s service to make payment.
The Client is obliged to provide true data. Only an adult natural person with full legal capacity may place an Order, as well as a legal person and an organizational unit without legal personality, to which the law grants legal capacity. In the case of legal persons and organizational units without legal personality, any actions within the Service may be performed on their behalf only by a person authorized to represent such entities. A person performing activities within the Service for a legal person or organizational unit without legal personality declares that he/she is authorized to act on behalf of the entity he/she represents.
The condition for placing an Order is to read and accept these Terms and Conditions, which the Client confirms before placing the Order by checking the appropriate box in the order form.
Clicking the “Order and Pay” button means that the Client has placed an Order with the obligation to pay.
Information on the total value of the Order is provided on the Website during the placement of the Order. These are the total costs that the Client is obliged to pay, including applicable taxes.
The moment the payment is positively authorized, the Contract between the Service Provider and the Client is concluded. In the case of payment by bank transfer, the Contract is concluded when the Client receives confirmation of the Order.
Along with confirmation of the Order, the Client will receive login details for the Client Account, created automatically after the Order is placed. The user’s login is the Client’s email address provided at registration. The password can be changed in the Client Account by providing the e-mail address and a new password. The Client will receive access to the Order once it has been paid for
It is unacceptable for the Client to share access data to the Client Account with a third party. The Client agrees to immediately notify the Service Provider of any unauthorized access to the Account.
If the Service Provider is unable to perform due to the fact that it is impossible to contact the Client at the e-mail address provided by the Client in the order form, the Service Provider is entitled to withdraw from the Contract within thirty days from the conclusion of the Contract.

§ 4 Payment and price

The Client has the option to pay by online payment, BLIK or payment card through the Payment Operator
Electronic payments are handled by the Payment Operator. Making payment through the Payment Operator requires the establishment of a separate legal relationship with the Payment Operator and acceptance of its regulations.
The prices indicated on the Website are gross prices and are expressed in EUR.
In the case of payment through the Payment Operator, the Order processing time is calculated from the moment of positive payment authorization. In the case of payment by bank transfer, the Order will be processed after the payment is received by the Service Provider. In case of payment by bank transfer, the Client is obliged to pay the Order no later than 2 hours before the start of the Training Service or Online Consultation.

§ 5 Provisions on Training Services

The Service Provider will send the Client an invitation to the training along with detailed information about the training within 7 days from the date of the Contract. Before the training, the Service Provider will send the Client a link to the training in Microsoft Teams.
The Service Provider shall be entitled to make changes to the program of the training provided as part of the Training Service, if the change is justified by the objectives of the training, as well as to change the date of the training, by notifying the Client at the e-mail address provided when placing the Order, no later than 3 Business Days before the commencement of the Training Service. In this case, the Client is entitled to resign from the Training Service and withdraw from the Agreement within seven days after the Service Provider sends information about the change of the training date or program, but no later than the start of the Training Service. In case of cancellation by the Client, the Service Provider shall immediately refund the payment to the Client.
The Client is obliged to log in to the Microsoft Teams service using the data provided when placing the Order. The Client is entitled to designate a different Training Participant than the one originally indicated in the application form no later than 2 Business Days before the start of the training by sending the appropriate statement to the Service Provider’s e-mail address.
All training materials provided to the Client as part of the implementation of the Training Service shall be the subject of copyright of the Service Provider and shall be protected in accordance with the provisions of the Act of February 4, 1994 on Copyright and Related Rights. In order to use these materials, the Service Provider grants the Client a non-exclusive, inalienable, non-transferable, non-temporally and territorially unlimited license to the training materials for their individual use related to the implementation of the Training Service. It is prohibited to further distribute them, make them available to third parties and use them for commercial purposes.
The Service Provider reserves the right to remove the Training Participant if the Participant: 1) disrupts the course of the training, disturbing other participants; 2) uses abusive language towards other participants or the instructor; 3) participates in the training in a way that prevents confidentiality (e.g. from a public place such as a restaurant, train), without ensuring the absence of passive involvement by third parties.
Training participants are prohibited from: 1) recording the course of the training in any form; 2) taking screenshots of the materials provided during the training; 3) copying content from chat rooms, newsgroups or other forms of communication used during the training.
The Service Provider shall endeavour to make training accessible to Participants with different needs. In the event that the training needs to be customized (e.g., in terms of delivery method, automatic subtitles, or format of materials), the Participant should contact the Service Provider at least 2 Business Days prior to the start of the training, stating the extent of customization needed. The Service Provider stipulates that adaptation of the training will be possible within technical and organizational limits, taking into account the content and format of the training.

§ 6 Provisions for Online Consultation

The Service Provider will send the Client the proposed dates for the Online Consultation within 7 days from the date of the Contract. Once the date is set, the Service Provider will send the Client an invitation to the Online Consultation together with a link to the meeting in Microsoft Teams.
The Client shall be entitled to change the date of the Online Consultation, no later than 2 Business Days before the start of the Online Consultation, by sending a relevant statement to the Service Provider’s email address. The Service Provider will then send the Client the new proposed dates of the Online Consultation

§ 7 Withdrawal from the contract

A Client who is a Consumer, as well as an Entrepreneur entitled to consumer rights, who has entered into a remote contract through the Website, may withdraw from the contract within 14 days without giving any reason, subject to paragraph 2.
In the case of Online Consultation or Training Services, the right to withdraw from the contract shall not be granted to the Client after the consultation or training has been conducted with the Client’s express consent, in accordance with Article 38(1) of the Law of May 30, 2014 on Consumer Rights.
The Client is also not entitled to withdraw from the contract in the other cases referred to in Article 38 of the Law of May 30, 2014 on Consumer Rights.
The running of the deadline for withdrawal from the contract shall begin from the date of conclusion of the Contract. To preserve the deadline for withdrawal from the contract it is sufficient to send a statement of withdrawal from the contract before the expiry of the deadline for withdrawal from the contract.
The Client may exercise the right to withdraw from the Contract by sending a statement of withdrawal by email or in writing to the address of the Service Provider.
In exercising the right of withdrawal from the Contract, the Client may use the model form of withdrawal from the Contract, attached as Appendix No. 1 hereto, but it is not mandatory.
In the event of withdrawal from the Contract, the Contract shall be deemed as not concluded.
The Service Provider shall promptly, but not later than within 14 days of receipt of the Client’s statement of withdrawal from the Contract, return to the Client all payments made by the Client.
The Service Provider shall refund the payment using the same method of payment used by the Client, unless the Client in his statement of withdrawal indicated a different method of refund that does not involve any costs for him.

§ 8 Complaints

The Client who is an Entrepreneur shall not be entitled to any rights under the warranty for defects.
Towards the Client who is a Consumer, as well as an Entrepreneur entitled to consumer rights, the Service Provider shall be liable for defects in the subject of the Order, under the principles set forth in Article 556 and following of the Civil Code.
A complaint may be submitted by the Client by e-mail or in writing to the Service Provider’s address.
When filing a complaint, it is recommended to provide in the complaint application at least:
1. name, surname, company, Tax ID, mailing address and contact information;
2. information regarding the order number and date;
3. information and circumstances regarding the subject of the complaint;
4. a request for the manner of recognition of the complaint.
The Service Provider shall respond to the Client’s complaint immediately, but no later than within 14 days of its submission. Failure of the Service Provider to respond within the aforementioned period means that the Service Provider has recognized the complaint as justified.
If the complaint is not accepted, the Client will be further notified whether or not the Service Provider consents for out-of-court dispute resolution. If consent is given, the Service Provider will indicate to the Client the entity competent to resolve the dispute out of court.

§ 9 Protection of Personal Data

Detailed information on the processing of Clients’ personal data is set forth in the “Privacy Policy”, available at: https://contrea.eu/privacy-policy.

§ 10 Provision of services by electronic means

The Service Provider shall provide the following electronic Services free of charge via the Website: 1) maintaining a Customer Account; 2) enabling the placement of an Order and conclusion of an Agreement; 3) enabling the use of the Shopping Basket; 4) Newsletter; 5) enabling the sending of a message via the contact form available on the Website; 6) provision of data and materials, located on the Website, including primarily information about the Online Consultation Training Services;
Technical requirements necessary for cooperation with the ICT system through which the Service Provider provides Electronic Services: 1) a PC, Mac or other device that allows use of the Service; 2) access to the Internet; 3) access to electronic mail; 4) appropriate software in the form of a web browser.
The Client is prohibited from providing content of an unlawful nature.
The Contract for the provision of services by electronic means shall be concluded at the time of creation of the Client Account, at the time of signing up for the Newsletter service, as well as at the time of commencement of use of a given functionality of the Website enabling the use of a particular electronic service.
The Contract for the provision of electronic services consisting in the establishment and maintenance of a Client Account on the Website, as well as consisting in the provision of the Newsletter service, shall be concluded for an indefinite period of time. With regard to other electronic services provided through the Website, the Contract for the provision of such services shall be concluded for an indefinite period of time and shall be terminated as soon as and through the discontinuation of the Client’s use of the electronic service in question and without the need to make any additional declarations.
The Client may at any time and without indicating the reason terminate the contract referred to in paragraphs 4 and 5 by sending an appropriate statement by e-mail or in writing to the Service Provider’s address, and with regard to the Newsletter service by pressing the “cancel subscription” button in the message received. A Client who is a Consumer, as well as an Entrepreneur entitled to consumer rights, may also withdraw from the contract referred to in paragraphs 4 and 5 within 14 without giving any reason, according to the rules set forth in § 7.
A Client who is a Consumer, as well as an Entrepreneur entitled to consumer rights, may file a complaint regarding services provided electronically by the Service Provider by e-mail or in writing to the Service Provider’s address. In the case of Entrepreneurs, the possibility of filing a complaint is excluded.
The Service Provider will consider a complaint regarding services provided electronically within no more than 14 days from the date of its receipt, informing the Client immediately of the results.

§ 11 Final provisions

The Clients may access these Terms and Conditions at any time via a link provided on the Website. Terms and Conditions may be recorded, obtained and reproduced by printing them out or saving them on a suitable data carrier.
The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Consumers, as well as the Entrepreneurs entitled to consumer rights, granted to them under the mandatory provisions of the law, including in particular the Act of May 30, 2014 on Consumer Rights and the Act of April 23, 1964 of the Civil Code. In the event of any unintentional inconsistency between the Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied by the Service Provider.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable to the extent provided by law, it shall be excluded to that extent. In all other respects, the Terms and Conditions shall remain in force.
The Service Provider shall be entitled to amend the Terms and Conditions for the following reasons:
1. the need to adapt the content of the Terms and Conditions to new or amended legislation or its interpretation applied by courts or public authorities, affecting the content of the Terms and Conditions,
2. issuance of a ruling, decision, recommendation or other similar act by a court or authorized public authority, directly affecting the content of the Terms and Conditions and resulting in the need to amend them to conform to such ruling, decision, recommendation or other similar act,
3. removal of possible mistakes, errors, ambiguities or doubts of interpretation regarding the content of the Terms and Conditions,
4. the need to update technical requirements or security standards indicated in the Terms and Conditions,
5. changes in the names, addresses, company data or links indicated in the content of the Terms and Conditions,
6. the need to improve the operation of the Website, while these changes will not violate or limit the rights previously acquired by the Customers,
7. introduction, deletion or amendment of the terms and conditions for the provision of individual services provided electronically on the Website.
The Service Provider shall inform about the changes made to the Terms and Conditions by posting the current version of the Terms and Conditions on the Website, as well as by e-mail sent to the e-mail address associated with the Client’s Account, seven days before they take effect.
The Client may refuse to accept changes to the Terms and Conditions by requesting the deletion of the Client Account within 3 days of receiving notification of the change to the Terms and Conditions. If the Client does not request the deletion of their Account within the period specified in the previous sentence, it shall be assumed that the Client has accepted the changes.
Orders placed during the validity of the previous version of the Terms and Conditions will be processed in accordance with its provisions.
All graphic elements of the Website, the technical solutions used therein, the elements of the content, as well as the manner in which the graphic elements and the content are presented (layout), as well as the software, databases and other materials placed within the Website are the subject of the Service Provider’s copyright and are protected in accordance with the provisions of the Act of February 4, 1994 on Copyright and Related Rights.
In order to use the Website, the Service Provider grants the Clients a non-exclusive, inalienable, non-transferable, granted for the duration of the use of the Website, License to use the Website. Within the scope of the granted License, the Client shall only be entitled to temporarily reproduce the Website by displaying it in a web browser, as well as saving temporary files, in order to use the available functionalities in a manner consistent with these Terms and Conditions.
These Terms and Conditions shall be governed by Polish law and shall be subject to the jurisdiction of Polish courts. The choice of Polish law does not deprive the Consumer or Entrepreneur entitled to consumer rights of the protection granted to them under the provisions that cannot be excluded by contract, under the law that would be applicable in the absence of choice of law.
Any disputes arising between the Service Provider and a Client who is a Consumer, as well as an Entrepreneur entitled to consumer rights, shall be settled by a common court of competent jurisdiction in accordance with the provisions of the Code of Civil Procedure.
Any disputes arising between the Service Provider and the Client, who is an Entrepreneur, shall be resolved by a common court of competent jurisdiction according to the seat of the Service Provider.

Appendix 1 – Sample withdrawal form.

(This form should be filled out and sent back only if you wish to withdraw from the contract)

Addressee: Contrea Marta Głowacka, ul. 1 Maja 13 lok. 3 floor, 10-117 Olsztyn

I/We(*) ………………………………… hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) the contract of delivery of the following goods(*) the contract of work consisting in manufacture of the following goods(*)/the provision of the following service(*):

…………………………………………………………………..

Date of conclusion of the contract(*)/ receipt(*): …………………………………..

Name of the consumer(s): …………………………….

Address of consumer(s): …………………………………….

Signature of the consumer(s) (only if the form is sent on paper)

…………………………………………….

Date: ……………………………………….

(*) Delete unnecessary.