Terms and conditions

Terms and conditions of the online shop for electronic products

Good morning!

My name is Marlena Manko and I am a creator of digital content, access to which I sell through my shop available at https://kedu.ac. I am extremely pleased that you have placed your trust in me and are interested in purchasing from my shop.

For the sake of formality, my registration details: Kairos Edu sp. z o. o. ul.Warszawska 18a, 21-300 Radzyń Podlaski, VAT NUMBER: 5381861456

Below you will find the terms and conditions, which contain information on, among other things, how to place an order and conclude a contract, the forms of payment available in the shop and the complaints procedure.

If you have any questions, I am at your disposal at the e-mail address support@kedu.ac.

Best regards and happy shopping

Marlena Manko

§1 Definitions

For the purposes of these Regulations, the following terms shall have the following meanings:

1) Buyer – a natural person, a legal person or a deified legal person,

2) Consumer – a natural person concluding a contract with the Seller which is not directly related to his/her economic or professional activity,

3) Regulations – these regulations, available at https://kedu.ac/terms-and-conditions/,

4) Shop – online shop available at https://kedu.ac,

5) Seller – Kairos Edu sp. z o. o. ul.Warszawska 18a, 21-300 Radzyń Podlaski, VAT NUMBER: 5381861456

6) Subscription – Cyclical fee charged to the purchaser’s card monthly or annually

§2 Preliminary provisions

  1. Through the Shop, the Seller sells digital content while providing electronic services to the Buyer in accordance with § 3 of the Terms and Conditions.
  2. The Rules and Regulations set out the terms and conditions for the use of the Shop, as well as the rights and obligations of the Seller and the Buyer.
  3. In order to make a purchase via the Shop, it is not necessary for the Buyer’s computer or other device to meet any specific technical conditions. Sufficient are:
    1. Internet access,
    2. standard operating system,
    3. standard web browser,
    4. having an active e-mail address.
  4. In order to use the digital content, the following technical conditions must be met by the Buyer’s computer or other device:
    1. Internet access,
    2. standard operating system,
    3. standard web browser,
    4. a standard office suite (e.g. Microsoft Office, OpenOffice, LibreOffice),
    5. a standard .pdf viewer (e.g. AdobeReader),
    6. a standard video player (e.g. WindowsMediaPlayer),
    7. having an active e-mail address.
  5. Where the use of digital content requires additional technical conditions, these conditions are indicated in the description of the digital content in the Shop.
  6. The buyer cannot make a purchase anonymously or under a pseudonym.
  7. It is forbidden for the Buyer to provide unlawful content, in particular by sending such content via the forms available in the Shop.
  8. All prices quoted in the Shop are gross prices.

§3 Services provided electronically

  1. Through the Shop, the Seller provides electronic services to the Buyer.
  2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Shop leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Shop.
  3. If the Buyer decides to create an account in the Shop, the Seller also provides the Buyer with an electronic service consisting of creating and maintaining an account in the Shop. The account stores the Buyer’s data and the history of orders placed by the Buyer in the Shop. The Buyer logs into the Account using his/her e-mail address and a password defined by him/her.
  4. An account is created in the Shop by ticking the appropriate checkbox in the ordering process or by filling in a stand-alone account registration form available in the Shop. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account does not remove the information about orders placed using the account, which information will be stored by the Seller until the expiry of the statute of limitations for claims under the contract concluded through the Store / throughout the operation of the Store, unless the Buyer objects to the storage of this information earlier, and the Seller does not have an overriding interest in its storage.
  5. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending the Buyer e-mails containing information about the Seller’s news, promotions, products or services. Subscription to the newsletter takes place by completing and submitting the newsletter subscription form or by ticking the relevant checkbox in the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.
  6. The services are provided electronically to the Buyer free of charge. However, contracts for the supply of digital content concluded through the Shop are chargeable.
  7. In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
  8. The Seller takes steps to ensure the fully proper functioning of the Shop. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
  9. Any complaints related to the functioning of the Store, the Buyer may submit by e-mail to the e-mail address support@kedu.ac. In a complaint, the Buyer should specify the type and date of occurrence of irregularities related to the functioning of the Store. The Seller will consider all complaints within 30 days of receiving the complaint and will inform the Customer of its resolution at the e-mail address of the person submitting the complaint.

§4 Intellectual property rights

  1. The Seller hereby instructs the Buyer that the content available on the Shop website and the digital content sold through the Shop may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, the copyrights to which vest in the Seller.
  2. The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without the Seller’s consent, with the exception of the use of the content within the framework of permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.
  3. Materials used for the presentation of products, i.e.: photos, descriptions and others are part of the Shop, are the property of its Seller and are protected by copyright. It is forbidden to use them for commercial purposes or presentation in any media without the consent of the Seller.

§5 Contract conclusion

  1. The buyer can place an order either as a registered customer or as a guest.
  2. A registered customer is a Buyer who has an account with the Store. The Buyer may create an account by ticking the relevant checkbox in the ordering process or by filling in a stand-alone account registration form available in the Shop.
  3. If the Buyer has an account with the Store, he/she should log in to it before placing an order. Logging in is also possible during the ordering process by clicking on the link available within the displayed message.
  4. The order is placed by filling in the order form after adding the digital content of interest to the Buyer to the basket. In the form, it is necessary to provide data necessary for the fulfilment of the order. Placing an order is conditional on accepting the Terms and Conditions, which the Buyer should read beforehand. In case of any doubts concerning the Terms and Conditions, the Buyer may contact the Seller.
  5. The ordering process is completed by clicking on the finalise order button. Clicking on the finalise order button constitutes a declaration of intent by the Buyer leading to the conclusion of a contract with the Seller for the supply of digital content,
  6. If the Buyer has chosen online payment when placing the order, after clicking on the button finalising the order he will be redirected to a payment gateway operated by a third-party payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalising the order he will be redirected to the Shop’s page with the order confirmation and instructions for making payment. Payment for the order should be made within one day of the conclusion of the contract.

§6 Payment

  1. The only payment option available in the Shop is electronic payment.
  2. The buyer can make payment for the purchased products as follows:
    1. blik
    2. payment cards
    3. bank transfer
  3. Electronic payments, including payment card payments, are handled by PayU S.A. NIP: 779-23-08-495 ul.Grunwaldzka 186, 60-166 Warsaw 
  4. If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, at the e-mail address provided on the order form.
  5. Single payment is charged for the purchase of one product from the shop
  6. By concluding an agreement with Kairos Edu sp. z o.o. and selecting a particular subscription, the Buyer agrees to the cyclical, monthly charging of a monetary amount corresponding to the value of the subscription fee by the Payment Operator (PayU S.A) from the payment card. The fee will be charged by the Payment Operator once a month or annually.
  7. As part of the recurring payment service, the buyer has the option of saving his card details and ordering a recurring direct debit. The card data will be stored by the Payment Operator (PayU S.A.). PayU, acting as an intermediary in making the payment, makes available the Token (virtual card identifier) tool, enabling the assignment of a unique identifier to an individual Customer, with the use of which the Customer makes cyclic payments to Kairos Edu sp. z o.o. 

§7 Performance of the contract

  1. The fulfilment of an order including digital content takes place by sending an email to the email address provided by the Buyer in the order form containing instructions on how to download or access the purchased digital content.
  2. In the case of online courses, an account can be created for the Purchaser within the course platform and access data will be sent within the email referred to in paragraph 1 above.
  3. In the case of online courses, access to the content included in the course may be limited in time, as indicated in the course description on the Shop website. In such a situation, after the expiry of the indicated time period, the Buyer will lose access to the course.
  4. In the case of online courses, the Buyer is obliged to use the course platform in accordance with the law, the Terms and Conditions and good morals, in particular:
    1. use the platform in a manner that does not interfere with the use of the platform by other users, does not infringe any rights, goods or interests of third parties and does not adversely affect the functioning of the platform, in particular through the use of malicious software,
    2. not share the access data to your account on the platform with any third party,
    3. not to distribute the course or individual parts thereof without the prior consent of the Vendor.
  5. If the course platform is used in a manner contrary to section 4 above, the Seller retains the right to block the Buyer’s access to the course.

§8 Withdrawal from the contract by the consumer

  1. Starting from 01.01.2023, the right to withdraw from the agreement on the principles described in this paragraph and resulting from the Consumer Rights Act shall also apply to a natural person concluding an agreement with the Seller directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Consequently, when the rights of the Consumer are referred to within the framework of this paragraph, as of 01.01.2023, these rights also apply to a person meeting the above criteria.
  2. The consumer has no right of withdrawal from a distance contract for contracts for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
  3. In order to withdraw from the contract, the Consumer must inform the Seller of his/her decision to withdraw from the contract by an unequivocal statement – for example a letter sent by post, fax or e-mail.
  4. The consumer may use the model withdrawal form available at https://kedu.ac/doc/rozwiazanie.pdf but this is not obligatory.
  5. In order to comply with the withdrawal period, it is sufficient for the Consumer to send information concerning the exercise of the Consumer’s right of withdrawal before the expiry of the withdrawal period.
  6. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from the Consumer immediately, no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal.

§9 Liability for defects

  1. The seller is obliged to provide the buyer with digital content free of defects.
  2. The seller is liable to the buyer if the digital content has a physical or legal defect (warranty for defects).
  3. If the Buyer discovers a defect in the digital content, he should inform the Seller of this, specifying at the same time his claim relating to the defect found or making a declaration to this effect.
  4. The buyer can use the complaint form, available at https://kedu.ac/doc/rek.pdf, but this is not obligatory.
  5. The buyer can contact the Seller by e-mail.
  6. The Seller shall respond to the complaint submitted by the Purchaser within 14 days of the day on which the complaint is delivered to the Seller by such means of communication as the complaint was submitted by.
  7. Starting from 01.01.2023, the provisions on the Seller’s warranty for defects of the sold thing concerning Consumers also apply to a natural person concluding a contract with the Seller directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

§10 Model rules and sales forms

  1. This section deals in particular with model bylaws, forms and pre-surgery questionnaires available for sale as products on the website.
  2. The excerpts from legal acts included in the material are intended to facilitate understanding of the topics covered and do not constitute a source of law. The only sources of law in the territory of the Republic of Poland are normative acts published in the Dziennik Ustaw and the Monitor Polski.
    The material is intended to do no more than educate and the information contained therein does not relate to the existing state of facts. In no way does the material constitute the performance of a service or the rendering of legal assistance and cannot be construed as such. Above all, it cannot be construed as an interpretation of the law, legal advice, legal opinion or intention to express it, nor legal consultation.
    We have done our utmost to include only complete and honest information in the material. However, it should be borne in mind that we do not accept any legal or financial responsibility for any errors, omissions, inaccuracies or discrepancies.
    The author of the material is not liable for any losses incurred as a result of complying or not complying with the content presented. Each case obliges separate observation and inclusion of all actual factors. Before initiating any action, a lawyer, solicitor or specialist in the particular field should be consulted. Legal status as of 12.01.2023 (Poland). 

§11 Personal data and cookies

  1. The administrator of the Buyer’s personal data is the Seller.
  2. The Buyer’s personal data is processed for the following purposes and on the following legal bases:
    1. conclusion and performance of the contract – Article 6(1)(b) RODO,
    2. fulfilment of tax and accounting obligations – Article 6(1)(c) of the DPA,
    3. the defence, investigation or establishment of contractual claims, which is a legitimate interest pursued by the Seller – Article 6(1)(f) RODO,
    4. identification of the returning customer, which is a legitimate interest pursued by the Seller – Article 6(1)(f) RODO,
    5. the handling of enquiries from Buyers not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Seller – Article 6(1)(f) RODO,
    6. the dispatch of a newsletter, following prior consent – Article 6(1)(a) RODO.
  3. Recipients of the Buyer’s personal data are: tax authorities, accounting office, law firm, hosting provider, invoicing system provider, CRM system provider, mailing system provider.
  4. Due to the use of the Active Campagne mailing system, the personal data of Buyers who have subscribed to the newsletter is transferred to the United States of America (USA) due to its storage on servers located in the USA. The Active Campagne system provider guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
  5. The Buyer’s personal data shall be stored in the Seller’s database for the entire duration of the business activity in order to be able to identify the returning customer, which, however, the Buyer may object to by requesting that his/her data be deleted from the Seller’s database. If such an objection is made before the expiry of the limitation period for claims under the concluded contract, the Seller shall have an overriding interest in storing the Buyer’s data until the expiry of the limitation period for claims. Accounting records containing the Buyer’s personal data shall be stored for the period required by law.
  6. The Buyer’s rights related to the processing of personal data: the right to request from the Seller access to personal data, rectification, deletion, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint with the President of the Office for Personal Data Protection.
  7. The provision of personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to a newsletter.
  8. The shop uses cookie technology.
  9. Details related to personal data and cookies are described in the privacy policy available at https://kedu.ac/terms-and-conditions/.
  10. Due to the possibility of purchasing a subscription, the Buyer’s card details are stored by PayU S.A.

§12 Out-of-court complaint and redress procedures

  1. The Seller agrees to submit any disputes arising in connection with the concluded digital content contracts to mediation. The details will be determined by the conflicting parties.
  2. The Consumer has the possibility to make use of out-of-court complaint and redress procedures. Among other things, the Consumer has the possibility to:
    1. apply to a permanent arbitration court for the settlement of a contractual dispute,
    2. apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,
    3. seek the assistance of the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
  3. For more detailed information on out-of-court complaint and redress procedures, the Consumer can look at http://polubowne.uokik.gov.pl.
  4. Consumers can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.

§13 KEDU is not responsible for any damage related to the use of the techniques provided in the training courses which is the fault of the person using them.

§14 Final provisions

  1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Shop without prejudice to the Buyer’s acquired rights, including in particular the terms and conditions of contracts concluded prior to the change.
  2. The Seller reserves the right to amend the Terms and Conditions. Contracts entered into before the Terms and Conditions were amended shall be governed by the Terms and Conditions in force on the date of entering into the contract.
  3. Any disputes related to contracts concluded through the Shop shall be settled by a Polish common court with jurisdiction over the Seller’s permanent place of business. This provision does not apply to Consumers, in the case of whom the jurisdiction of the court is considered on general principles. Starting from 01.01.2023, this provision also does not apply to an individual concluding a contract with the Seller directly related to his/her business activity, if it follows from the content of the contract that it does not have a professional character for that person, in particular resulting from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the jurisdiction of the court is considered on general principles.
  4. These Regulations are effective as of 01.01.2023.