Terms of service

TERMS AND CONDITIONS

REGULAMIN SKLEPU

Thank you for your interest in shopping with us. We will do our best to make your experience with our Store as enjoyable as possible.

Below you will find our Terms and Conditions, which include information on, among other things, how to place an order, details concerning the performance of contracts concluded through the Store, available delivery and payment methods, the right of withdrawal, and the complaints procedure.

Full registration details of the Store operator, Seller and service provider:

Anna Meronk, conducting business under the name AURELIA Anna Meronk,
ul. Juliusza Słowackiego 58/9B,
81-392 Gdynia, Poland,
Tax Identification Number (NIP): 9581402117.

If you have any comments, questions or concerns, please contact us at: worldwideaurelia@gmail.com.

§ 1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

1. Buyer – a natural person, legal person or organisational unit without legal personality to which legal capacity is granted by law;
2. Consumer – a natural person entering into a contract with the Seller for purposes not directly related to their business or professional activity;
3. Terms and Conditions – these Terms and Conditions, available at aureliaworldwide.com;
4. Store – the online store operating at aureliaworldwide.com;
5. Seller – Anna Meronk, conducting business under the name AURELIA Anna Meronk, ul. Juliusza Słowackiego 58/9B, 81-392 Gdynia, Poland, Tax Identification Number (NIP): 9581402117.

§ 2. General Provisions

1. Through the Store, the Seller enables the Buyer to enter into agreements for the sale of physical products available in the Store, agreements for the supply of digital content (graphics) described on the Store’s website, and agreements for participation in in-person workshops, in accordance with the information provided in the Store.
2. These Terms and Conditions set out the rules and conditions governing the use of the Store, as well as the rights and obligations of the Seller and Buyers.
3. No special technical requirements regarding the Buyer’s computer or other device are necessary to use the Store or digital content purchased through the Store. The following are sufficient:
   1. Internet access;
   2. a standard operating system;
   3. a standard web browser;
   4. software capable of opening PDF files;
   5. an active email address.
4. Where the use of specific digital content requires additional technical requirements, such requirements will be specified in the description of that digital content in the Store.
5. The Buyer may not make purchases in the Store anonymously or under a pseudonym.
6. When using the Store, it is prohibited to provide unlawful content, in particular by submitting such content through forms available in the Store.
7. All product prices displayed in the Store are gross prices, inclusive of applicable taxes.

§ 3. Electronic Services

1. Through the Store, the Seller provides electronic services to the Buyer.
2. The primary electronic service provided by the Seller is enabling the Buyer to place an order through the Store, resulting in the conclusion of a contract with the Seller. An order may be placed without creating an account in the Store.
3. If the Buyer chooses to subscribe to the newsletter, the Seller also provides an electronic service consisting of sending the Buyer emails containing information about new products, promotions, products or services offered by the Seller.
   1. Subscription to the newsletter is completed by filling in and submitting the newsletter subscription form or by selecting the appropriate checkbox during the ordering process.
   2. The Buyer may unsubscribe from the newsletter at any time by clicking the unsubscribe link included in each newsletter email or by submitting an appropriate request to the Seller.
4. Electronic services are provided to the Buyer free of charge. However, sales contracts, contracts for the supply of digital content and contracts for participation in in-person training or workshops concluded through the Store are subject to payment.
5. In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Store, the Seller implements technical and organisational measures appropriate to the level of security risk associated with the services provided, in particular measures intended to prevent unauthorised persons from obtaining or modifying personal data.
6. The Seller takes appropriate measures to ensure the proper functioning of the Store. The Buyer should notify the Seller of any errors, irregularities or interruptions in the operation of the Store.
7. Any complaints concerning the operation of the Store may be submitted by email to worldwideaurelia@gmail.com.
   1. The complaint should specify the nature of the issue and the date on which it occurred.
   2. The Seller will consider complaints within 30 days of receipt and will inform the Buyer of the outcome at the email address provided by the person submitting the complaint.

§ 4. Placing an Order

1. The Buyer may place an order without registering an account.
2. An order is placed by completing the order form after adding the selected products, digital content or services to the shopping cart.
3. The Buyer must provide all information necessary to process the order. During the ordering process, the Buyer also selects the delivery method for the ordered products and the preferred payment method.
   1. Placing an order requires acceptance of these Terms and Conditions, which the Buyer should read beforehand.
   2. If the Buyer has any questions or concerns regarding the Terms and Conditions, they may contact the Seller.
4. The ordering process is completed by clicking the button confirming and finalising the order. Clicking this button constitutes the Buyer’s declaration of intent to enter into a contract with the Seller.
5. Depending on the subject matter of the order, the following type of contract may be concluded between the Buyer and the Seller:
   1. for physical products – a sales contract;
   2. for electronic products – a contract for the supply of digital content;
   3. for in-person training or workshops – a contract for the provision of services.
6. If an order includes different types of products or services, placing the order results in the conclusion of separate contracts corresponding to the respective products or services included in the order.
7. If the Buyer selects online payment when placing the order, after clicking the button finalising the order, the Buyer will be redirected to a payment gateway operated by an external payment service provider in order to complete payment for the order.
8. The Buyer must provide accurate and truthful personal information in the order form. The Buyer is responsible for providing incorrect or false personal information.
   1. The Seller reserves the right to suspend the processing of an order if the Buyer has provided false information or if the information provided gives the Seller reasonable grounds to doubt its accuracy.
   2. In such a case, the Buyer will be informed of the Seller’s concerns by telephone or email. The Buyer will have the right to clarify any circumstances relating to the verification of the information provided.
   3. If the Seller does not have sufficient information to contact the Buyer, the Seller will provide the necessary explanations once the Buyer contacts the Seller.
9. The Buyer declares that all information provided in the order form is true and accurate. The Seller is not obliged to verify the accuracy or correctness of such information, although the Seller is entitled to do so in accordance with the provisions above.

§ 5. Delivery and Payment

1. Products are delivered to the Buyer by DPD courier service. The cost of delivery shall be borne by the Buyer unless the Seller states otherwise on the Store website.
2. The Seller reserves the right to divide an order into several separate shipments without charging the Buyer any additional delivery costs.
3. The payment methods available for orders are described on the Store website and are presented to the Buyer during the ordering process.
4. Electronic payments, including credit and debit card payments, are processed by PayPal. A PayPal account is not required in order to make a payment by credit or debit card.
5. If the Buyer has requested an invoice, it will be delivered electronically to the email address provided in the order form.

§ 6. Physical Products

1. Processing an order for physical products consists of preparing the ordered products, packaging them for delivery to the Buyer and handing the shipment over for delivery.
2. An order shall be deemed fulfilled once the shipment has been dispatched to the Buyer, i.e. once it has been handed over to the carrier responsible for delivery.
3. The ordered products should be delivered to the Consumer within 30 days, unless a longer fulfilment period has been expressly indicated by the Seller in the product description. In such a case, by placing an order, the Buyer agrees to the longer fulfilment period specified in the product description.
4. If the Buyer orders products with different indicated fulfilment times, the fulfilment period applicable to the entire order shall be the longest fulfilment period applicable to any of the products included in the order.
   1. The Seller may, however, offer to divide the order into several separate shipments in order to speed up delivery of some of the products.

§ 7. Digital Content

1. An order for digital content is fulfilled by sending an email to the address provided by the Buyer in the order form containing instructions on how to download or access the purchased digital content.

§ 8. In-Person Training and Workshops

1. An order concerning participation in an in-person training session or workshop is fulfilled by enabling the Buyer, or a person designated by the Buyer in accordance with paragraph 6 below, to participate in the training session on the date selected by the Buyer when placing the order.
2. The training is provided in accordance with the description available on the Store website.
3. In order to participate in the training, the Buyer is required to attend the training venue on the date selected when purchasing the training.
4. Failure by the Buyer to attend the training shall not entitle the Buyer to a refund of the fee paid to the Seller, except where the Buyer has validly withdrawn from the contract or where the contract has been terminated by mutual agreement of the parties.
5. If the Seller organises the same in-person training session on several different dates, the Buyer may request a change of date, provided that the Seller is informed at least 7 days before the training date resulting from the Buyer’s order and that the Seller is able to offer the Buyer participation on another available date.
   1. Otherwise, a change of date will not be possible and failure to attend the training shall have the consequences referred to in paragraph 4 above.
6. When purchasing a training session, the Buyer has the right to designate another person who will participate in the training.
   1. In such a case, the Buyer is required to provide the participant’s details within 2 days of concluding the contract.
   2. The Buyer may change the participant’s details no later than 1 day before the scheduled training date.
   3. By providing the participant’s personal data, the Buyer confirms that they are entitled to provide such data and that the participant has been informed accordingly.

§ 9. Right of Withdrawal

1. A Consumer who has entered into a distance contract with the Seller has the right to withdraw from the contract without giving any reason within:
   1. 14 days from the date on which the Consumer takes possession of the purchased goods in the case of a sales contract; or
   2. 14 days from the date on which the contract was concluded in the case of a contract for the supply of digital content or a contract for the provision of services.
2. As of 1 January 2021, the right of withdrawal under the rules set out in this section and under the Polish Consumer Rights Act also applies to a natural person entering into a contract with the Seller directly related to that person’s business activity, provided that the contract is not of a professional nature for that person, taking into account in particular the scope of that person’s business activity disclosed in the Polish Central Register and Information on Economic Activity (CEIDG).
   1. Therefore, wherever this section refers to the rights of a Consumer, as of 1 January 2021 such rights shall also apply to a person meeting the criteria described above.
3. The right of withdrawal does not apply to contracts:
   1. for the provision of services, where the Seller has fully performed the service with the Consumer’s express consent and where the Consumer was informed, before performance began, that once the Seller had fully performed the service, the Consumer would lose the right of withdrawal;
   2. for the supply of digital content which is not supplied on a tangible medium, where performance has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer has been informed by the Seller that they will thereby lose the right of withdrawal;
   3. for the manufacture or supply of goods made to the Buyer’s individual order, design or specifications.
4. In the case of digital content, performance shall be deemed to begin when the Buyer receives an email containing instructions on how to download or access the digital content.
5. In order to exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement, for example by a letter sent by post, fax or email.
6. The Consumer may use the model withdrawal form attached as Appendix No. 1 to these Terms and Conditions, although use of this form is not mandatory.
7. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send a communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
8. The Consumer is required to return the product to the Seller or hand it over to a person authorised by the Seller to receive it without undue delay and in any event no later than 14 days from the date on which the Consumer withdrew from the contract, unless the Seller has offered to collect the product.
   1. The deadline is met if the Consumer sends the product back before the 14-day period has expired.
9. The Consumer shall bear the direct cost of returning the goods.
10. In the event of withdrawal from the contract, the Seller shall reimburse the Consumer for all payments received from the Consumer, including the cost of the least expensive standard delivery method available in the Store, where such delivery cost was paid by the Consumer.
11. The reimbursement shall be made without undue delay and in any event no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
12. The reimbursement shall be made using the same payment method as that used by the Consumer for the original transaction, unless the Consumer has expressly agreed otherwise.
13. In any event, the Consumer shall not incur any fees as a result of such reimbursement.
14. Unless the Seller has offered to collect the goods from the Consumer, the Seller may withhold reimbursement until the Seller has received the goods back or until the Consumer has supplied evidence of having sent the goods back, whichever occurs first.
15. The Consumer shall be liable for any diminished value of the product resulting from handling the product beyond what is necessary to establish the nature, characteristics and functioning of the product.

§ 10. Liability for Defects

1. The Seller is obliged to provide the Buyer with products and digital content free from defects and to provide services with due care and in accordance with the contract.
2. The Seller shall be liable to the Buyer if a product or digital content sold has a physical or legal defect (statutory liability for defects) or if a service has not been properly performed.
3. If the Buyer identifies a defect in a product or digital content, or considers that a service has not been properly performed, the Buyer should inform the Seller and specify the claim being made or submit an appropriate statement.
4. The Buyer may use the complaint form attached as Appendix No. 2 to these Terms and Conditions; however, use of the form is not mandatory.
5. The Buyer may contact the Seller either by traditional mail or by email.
6. The Seller shall respond to the Buyer’s complaint within 14 days of receiving it, using the same means of communication through which the complaint was submitted.
7. Detailed provisions concerning the Seller’s statutory liability for defects in goods sold are set out in the Polish Civil Code (Articles 556–576).
8. As of 1 January 2021, the provisions concerning the Seller’s statutory liability for defects applicable to Consumers also apply to a natural person entering into a contract with the Seller directly related to that person’s business activity, where the contract is not of a professional nature for that person, taking into account in particular the scope of that person’s business activity disclosed under the provisions governing the Polish Central Register and Information on Economic Activity (CEIDG).

§ 11. Personal Data and Cookies

1. The Seller is the controller of the Buyer’s personal data.
2. The Buyer’s personal data is processed for the following purposes and on the following legal bases:
   1. conclusion and performance of a contract – Article 6(1)(b) of the GDPR;
   2. compliance with tax and accounting obligations – Article 6(1)(c) of the GDPR;
   3. establishment, exercise or defence of claims relating to a contract, which constitutes a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR;
   4. identification of returning customers, which constitutes a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR;
   5. handling enquiries submitted by Buyers which have not yet resulted in the conclusion of a contract, which constitutes a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR;
   6. sending newsletters, subject to prior consent – Article 6(1)(a) of the GDPR.
3. Recipients of the Buyer’s personal data may include: courier companies, tax authorities, the Seller’s accounting office, legal advisers, hosting providers, invoicing system providers, the Store platform and CRM system providers, and email marketing service providers.
4. Due to the use of the WordPress system, the personal data of Buyers and newsletter subscribers may be transferred to Canada and the United States of America (USA) in connection with storage on servers located in Canada and the USA.
   1. The WordPress system provider ensures an appropriate level of personal data protection compliant with European law by implementing appropriate compliance mechanisms, including Standard Contractual Clauses.
5. The Buyer’s personal data is stored in the Seller’s database for the duration of the Seller’s business activity for the purpose of identifying returning customers.
   1. The Buyer may object to such processing and request the deletion of their data from the Seller’s database. If such an objection is submitted before the expiry of the limitation period for claims arising from the contract, the Seller shall have an overriding legitimate interest in retaining the Buyer’s data until the expiry of the applicable limitation period.
   2. Accounting documentation containing the Buyer’s personal data shall be retained for the period required by applicable law.
6. The Buyer’s rights in connection with the processing of personal data include:
   1. the right to request access to personal data;
   2. the right to rectification;
   3. the right to erasure;
   4. the right to restriction of processing;
   5. the right to object to processing;
   6. the right to data portability;
   7. the right to lodge a complaint with the President of the Polish Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).
7. Providing personal data is voluntary but necessary in order to contact the Seller, enter into a contract or subscribe to the newsletter.
8. The Store uses cookies.

§ 12. Intellectual Property Rights

1. The Seller hereby informs the Buyer that the content available on the Store website, digital content available through the Store, elements of physical products (including, for example, graphic designs), and materials provided during consultations or training sessions may constitute works within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights, to which the Seller holds the relevant copyright.
2. The Seller hereby informs the Buyer that any further distribution by the Buyer of content protected by copyright without the Seller’s consent, except for use permitted under applicable provisions concerning private use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.

§ 13. Alternative Dispute Resolution and Out-of-Court Complaint Procedures

1. The Seller agrees that any disputes arising in connection with contracts concluded through the Store may be submitted to mediation. The details of such mediation shall be determined by the parties to the dispute.
2. The Consumer may use out-of-court complaint and dispute resolution procedures. In particular, the Consumer may:
   1. apply to a permanent consumer arbitration court for resolution of a dispute arising from a concluded contract;
   2. apply to the relevant Provincial Inspector of the Trade Inspection Authority to initiate mediation proceedings aimed at reaching an amicable settlement of a dispute between the Buyer and the Seller;
   3. seek assistance from a district or municipal consumer ombudsman or from a consumer protection organisation whose statutory activities include the protection of consumers.
   More detailed information on alternative dispute resolution and out-of-court complaint procedures is available at: http://polubownie.uokik.gov.pl
3. The Consumer may also use the ODR platform available at: http://ec.europa.eu/consumers/odr.
   1. The platform is intended to facilitate the resolution of disputes between consumers and traders seeking an out-of-court settlement of disputes concerning contractual obligations arising from online sales or service contracts.

§ 14. Final Provisions

1. The Seller reserves the right to introduce and withdraw offers and promotions and to change prices in the Store, without prejudice to rights already acquired by the Buyer, including, in particular, the terms and conditions of contracts concluded before such changes were introduced.
2. The Seller reserves the right to amend these Terms and Conditions without prejudice to rights acquired by the Buyer under contracts concluded prior to the amendment of the Terms and Conditions.
3. Any disputes relating to contracts concluded through the Store shall be submitted to the competent Polish court having jurisdiction over the place where the Seller permanently conducts business.
   1. This provision shall not apply to Consumers, for whom the competent court shall be determined in accordance with the generally applicable rules of jurisdiction.
   2. As of 1 January 2021, this provision shall also not apply to a natural person entering into a contract with the Seller directly related to that person’s business activity where the contract is not of a professional nature for that person, taking into account in particular the scope of that person’s business activity disclosed under the provisions governing the Polish Central Register and Information on Economic Activity (CEIDG). In the case of such a person, jurisdiction shall be determined in accordance with the generally applicable rules.
4. These Terms and Conditions are effective as of 14 April 2023.

Appendix 1 – MODEL WITHDRAWAL FORM

If you wish to withdraw from a contract you have concluded, you may use the form below and send it to us by post or email. If the form is not sent together with the returned product, please note that we may withhold reimbursement until we have received the returned goods or you have provided us with proof that the goods have been sent back.

To:

AURELIA Anna Meronk
ul. Juliusza Słowackiego 58/9B
81-392 Gdynia, Poland

I hereby give notice that I withdraw from the contract concerning the following:

1. ………………………………… – price: …………………………………,
2. ………………………………… – price: ………………………………….

Required information

Date of conclusion of the contract / order number:

……………………………………………………………………

Consumer’s full name:

……………………………………………………………………

Consumer’s address:

……………………………………………………………………

Optional information to help us communicate with you

Consumer’s email address:

……………………………………………………………………

Consumer’s telephone number:

……………………………………………………………………

Refunds will be made using the same payment method that you used for the original transaction. If you paid using a method other than a bank transfer and would like to receive the refund by bank transfer, please provide the bank account number for the refund below:

……………………………………………………………………

Date of completion:

……………………………………………………………………

Consumer’s signature (only if this form is submitted in paper form):

……………………………………………………………………

Information on the Processing of Personal Data

1. The controller of the personal data provided in this form will be AURELIA Anna Meronk, ul. Juliusza Słowackiego 58/9B, 81-392 Gdynia, Poland.
2. The data will be processed for the purpose of handling the withdrawal process, which constitutes our legitimate interest within the meaning of Article 6(1)(f) of the GDPR.
3. The withdrawal form will form part of the accounting documentation and will be retained together with such documentation for the period required by applicable law.
4. In connection with handling the withdrawal process, the data may be processed by third parties involved in this process, such as courier companies, postal operators, banks, hosting providers, the online store platform and CRM system provider, and the accounting office.
5. You have the following rights in connection with the processing of your personal data: the right to request access to your data, rectification, erasure or restriction of processing, the right to object to the processing of your personal data, and the right to lodge a complaint with the President of the Polish Personal Data Protection Office.
6. For matters relating to the protection of personal data, please contact us at: worldwideaurelia@gmail.com.
7. Providing personal data is voluntary, but necessary in order to process your withdrawal from the contract.

Appendix 2 – COMPLAINT FORM

If you wish to submit a complaint concerning a purchased product, digital content or service, you may use the form below and send it to us by post or email. If the form is not sent together with the product concerned, please note that, in order to assess the complaint, we may ask you to send us the product.

To:

AURELIA Anna Meronk
ul. Juliusza Słowackiego 58/9B
81-392 Gdynia, Poland

Customer details

Required

Date of conclusion of the contract / order number:

……………………………………………………………………

Full name:

……………………………………………………………………

Address:

……………………………………………………………………

Optional information to help us communicate with you

Email address:

……………………………………………………………………

Telephone number:

……………………………………………………………………

Subject of the complaint

Product / digital content / service:

……………………………………………………………………

Price / fee paid:

……………………………………………………………………

Complaint details

Description of the defect or issue:

……………………………………………………………………

……………………………………………………………………

……………………………………………………………………

……………………………………………………………………

Date on which the defect or issue was identified:

……………………………………………………………………

Requested remedy

• replacement of the product with a defect-free product,
• repair / removal of the defect,
• price reduction,
• withdrawal from the contract,
• other – please specify:

……………………………………………………………………

……………………………………………………………………

Date of completion:

……………………………………………………………………

Consumer’s signature (only if the form is submitted in paper form):

……………………………………………………………………

Information on the Processing of Personal Data

1. The controller of the personal data provided in this form will be AURELIA Anna Meronk, ul. Juliusza Słowackiego 58/9B, 81-392 Gdynia, Poland.
2. The data will be processed for the purpose of handling the complaint process, which constitutes our legitimate interest within the meaning of Article 6(1)(f) of the GDPR.
3. If, as a result of the complaint, the price is reduced or the contract is withdrawn from, the complaint form will be included in the accounting documentation and retained together with such documentation for the period required by applicable law.
4. In addition, the complaint form will be retained until the expiry of the limitation period for claims relating to the contract to which the complaint concerns.
5. In connection with handling the complaint process, the data may be processed by third parties involved in the process, such as courier companies, postal operators, banks, hosting providers, the online store platform and CRM system provider, and the accounting office.
6. You have the following rights in connection with the processing of your personal data: the right to request access to your data, rectification, erasure or restriction of processing, the right to object to the processing of your personal data, and the right to lodge a complaint with the President of the Polish Personal Data Protection Office.
7. For matters relating to the protection of personal data, please contact us at: worldwideaurelia@gmail.com.
8. Providing personal data is voluntary, but necessary in order to process the complaint.