Terms of Service
effective as of December 8, 2024
Warning: This document has been translated to English for convenience. However, its binding form is Polish.
Definitions
The terms used in these Terms of Service have the following meanings:
a) Client/Service Recipient – a party to the sales agreement concluded with the Seller, including: Consumer, entrepreneur, legal entity, or organizational unit without legal personality granted legal capacity by law, who has concluded or intends to conclude an Agreement with the Seller or who uses or intends to use the Electronic Service;
b) Consumer – a Client who is an adult natural person who enters into a legal transaction with the Seller that is not directly related to their business or professional activity. For the purposes of these Terms of Service, a Consumer also includes natural persons entering into an agreement directly related to their business activity when the content of this agreement indicates that it does not have a professional nature for that person, resulting particularly from the subject of their business activity, made available based on the provisions of the Central Register and Information on Business Activity;
c) Online Store – the online store and platform available at wolfsoundacademy.com
d) Product – courses available in the Online Store that are the subject of the Agreement between the Client and the Seller, including coaching courses;
e) Order – the Client's declaration of will expressing direct intention to conclude a Distance Agreement submitted using means of distance communication, specifying the Product for which the Client submits an offer to conclude an Agreement and the Client's data necessary for the potential conclusion and execution of the Agreement within the scope indicated during the ordering process;
f) Civil Code – the Act of April 23, 1964, Civil Code;
g) Seller/Service Provider – Jan Wilczek conducting business activity under the name WolfSound Jan Wilczek, based in Katowice, ul. Huculska 28, 40-736 Katowice, NIP: 6343011851, VIES: PL6343011851;
h) Service/Electronic Service – service provided electronically by the Seller to the Client via the Online Store;
i) Agreement – agreement regarding the sale of the Product concluded in Polish between the Client and the Seller;
j) Proof of Purchase – VAT invoice or other proof, including email message, provided to the Client upon request confirming the sale of the Product;
k) Account – Electronic Service through which the Seller enables the Client to create an Account marked with an individual name (login) and password, the creation of which requires the Client to complete the Form. The Account allows storing information about Orders placed through it, editing Client data, and managing marketing consents;
l) Newsletter – electronic bulletin used for constant communication with Clients subscribed to the mailing list. The Newsletter informs about, among other things, the Seller's weekly activities, offers, and other tips regarding services provided by the Seller;
m) Consumer Rights Act – the Act of May 30, 2014, on consumer rights;
n) Act on Providing Services by Electronic Means – the Act of July 18, 2002, on providing services by electronic means.
General Provisions
- The Service Provider and simultaneously the Seller in the Online Store at the domain www.wolfsoundacademy.com is: Jan Wilczek conducting business activity under the name WolfSound Jan Wilczek, based in Katowice, ul. Huculska 28, 40-736 Katowice, NIP: 6343011851, VIES: PL6343011851.
- Contact with the Seller is possible through the email address: contact [ at ] thewolfsound [ dot ] com.
- Acceptance of these Terms of Service is voluntary but necessary to create an Account and/or conclude an Agreement and place an Order by the Client through the Online Store.
- The Seller ensures the protection of transmitted digital content and data through technical and organizational measures to secure them against acquisition by unauthorized persons. However, the Seller indicates that using the Internet and services provided electronically carries the risk of malicious software entering the Client's IT system and device or unauthorized access to the Client's data by third parties. To minimize these risks, the Client is obliged to apply appropriate technical security measures, such as using current software versions, employing strong and unique passwords, and using antivirus software.
- All photographs and other materials (including texts, graphics, logos) placed in the Online Store are the property of the Seller or have been used by them with the consent of third parties who own the copyright or intellectual property rights. It is forbidden to copy photographs and other graphic materials and any materials made available to the Client in connection with the Service, including sharing them on the Internet or with third parties without the written consent of the Seller or other third party who owns the rights.
- It is forbidden to download content from the Online Store website and use it for marketing and commercial purposes outside the scope of the Agreement. Use of the above-mentioned materials without written consent of the Seller or other third party who owns the copyright or intellectual property rights is illegal and may constitute grounds for civil and criminal proceedings against those who commit this procedure.
- Using the Online Store requires that the end devices and communication system used by the Client meet the following minimum technical requirements:
a) possession of a computer or other device, including mobile, with Internet access;
b) possession of a selected web browser in the proposed version or newer with JavaScript, cookie files, and Local Storage technology enabled: Google Chrome 61, Mozilla Firefox 60, Microsoft Edge 16, Opera 48;
c) possession of an active email account in case of wanting to place an Order or create an Account.
Electronic Services
- Services provided by the Seller electronically through the Online Store consist of:
a) presentation of Products;
b) possibility to create an Account and conclude an Agreement;
c) planning, arranging, and conducting consultations related to the purchase of the Product, hereinafter referred to as Coaching;
d) enabling the Client to use the Newsletter. - Creating and using an Account is possible after the Client provides an active email address along with a login password.
- The Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the email address: contact [ at ] thewolfsound [ dot ] com. Deleting the Client's account does not mean withdrawal of marketing consents.
- The Client using the Account Service should comply with the following security recommendations:
a) not disclose passwords to third parties;
b) in case of suspicion that third parties have obtained the password, immediately attempt to change the password and report this fact to the Seller;
c) in case of forgetting or losing the password, immediately execute the procedure to change the password to a new one. Password change occurs only at the request of the authorized Client - the Account owner, after confirming their identity;
d) when entering the password, ensure that it will not be seen by third parties;
e) absolutely log out when finishing or interrupting work with the Account. This applies particularly to situations where the Client moves away from the computer on which they were working;
f) computers and other devices from which the Client logs into the Account should be protected using solutions ensuring protection against malicious software and external attacks.
- The Account Service enables subsequent conclusion of Agreements by adding Products to the cart by the Client and completing data in the order form.
- In the order form, it is necessary to provide the following Client data depending on the type of Product: first and last name, address (street, house/apartment number, postal code, city, country), email address, choice of payment method. If a VAT invoice is to be issued for the Order, it is necessary to send prior information, i.e., before placing the Order, to the email address: contact [ at ] thewolfsound [ dot ] com.
- The Coaching Service includes a number of meetings on the Kajabi platform as specified in the Product description. It enables scheduling consultations in a dedicated calendar within available time slots and recording consultations.
- The Coaching Service is non-refundable after using the first lesson and is provided after purchasing the appropriate Product for a fixed period, i.e., one year from the date of purchase, during which available consultations can be used. The return rules for Products specified below apply to refunds.
- Within the Coaching Service, it is possible to cancel a scheduled consultation up to 24 hours before its planned start time. In the absence of appropriate cancellation, the consultation obtains the status of used. This also applies to being late for consultation exceeding 15 minutes without prior notification to the Seller by email. Prior notification to the Seller about the delay allows continuing the consultation, however, it does not result in its extension.
- Within the Coaching Service, it is possible to have a consultation shorter than 60 minutes, however, this does not reduce its cost. Moreover, it is not possible to increase the number of consultations by shortening their duration.
- Using the Newsletter is possible after marking the appropriate field during Order placement.
- The Newsletter service is provided free of charge for an indefinite period. The Client has the option, at any time and without giving a reason, to unsubscribe from the Newsletter by sending an appropriate request to the email address: contact [ at ] thewolfsound [ dot ] com or clicking the Unsubscribe icon in emails sent by the Seller.
- Services provided by the Seller electronically, beyond those indicated above, also include a service consisting of recording sessions (WolfTalk Podcast) via the Kajabi platform with a selected Client who has an Account. This service is free and includes the possibility for the Client to choose one time slot in a dedicated calendar. As part of the service, both the Seller and the Client record audio. The final recording from the service, after the Seller's video and audio editing and the Client's approval of the final version of the audio and provision of a photo to create a thumbnail for the recording, is distributed by the Seller on selected platforms, including but not limited to YouTube, Redcircle, etc., and on their blog at https://thewolfsound.com/. Regarding the implementation of this service and the rules for determining its schedule, the provisions concerning the Coaching service apply accordingly.
- Any complaints related to the provision of Electronic Services by the Seller and other complaints related to the functioning of the Online Store, as well as reports concerning violations of the Terms of Service, may be submitted by the Client in accordance with the rules specified in the provisions regarding complaints.
Rules for Using the Online Store
- The Client is obligated in particular to:
a) use the Online Store in accordance with the law, Terms of Service, principles of social coexistence, good customs, taking into account respect for personal rights and copyright and intellectual property of the Seller and third parties;
b) enter data consistent with the factual state, not misleading, and not violating third party rights;
c) use services and functionalities provided by the Seller in a way that does not interfere with the functioning of the Seller and the Online Store;
d) use any content placed within the Online Store only for personal use. - The Seller informs that it is unacceptable for the Client to take actions that could destabilize or interfere with the operation of the Online Store or impede access to the Online Store for the Seller or other Clients, as well as for the Client to undertake actions such as placing unsolicited commercial information in the Online Store or sending it through it.
- In case of violation by the Client of legal provisions, provisions of the Terms of Service or Privacy Policy, as well as in case of the Client's conduct in a way that hinders the operation of the Online Store or is burdensome for other Clients, the Seller has the right to deprive the Client of the right to use the Online Store, including deleting their account, or limit their access to certain functionalities of the Online Store.
- Promotions may be organized in the Online Store for selected Products. The Seller decides on the rules regarding promotions, making them public on the Online Store website or in the form of an email message.
- Announcements, advertisements of the Seller, price lists, and other information about Products, given on the Online Store websites, in particular their descriptions and prices, constitute an invitation to conclude an agreement within the meaning of the Civil Code.
Rules for Concluding Agreements
- The Client may place an Order and subsequently conclude an Agreement through the Account service.
- All Products available in the Online Store are original and meet the requirements of generally applicable law.
- Orders can be placed 7 days a week, 24 hours a day.
- To effectively place an Order in the Online Store, it is necessary to:
a) create and log in to the Account;
b) add the Product to the Cart;
c) correctly complete the Product order form available on the Online Store website;
d) make a payment method selection;
e) accept the provisions of the Terms of Service and Privacy Policy, including rules regarding withdrawal from the Agreement, and click the "Place order" button.
- During the Order placement process in the Online Store, until clicking the "Place order" button or until the Seller sends Order confirmation, the Client has the possibility to modify entered data and make changes regarding Product selection. For this purpose, the Client should follow the messages displayed and information available on the given Seller's website or contact the Seller directly.
- After placing an Order in any form, the Seller immediately confirms the Client's Order placement. The Seller's Order confirmation occurs through sending an email message to the Client, containing confirmation of all essential elements of the Order, to the address provided by the Client. The email message constitutes confirmation of Agreement conclusion between the Seller and the Client.
- The Agreement is considered concluded upon the Client's receipt of the email message confirming all essential elements of the sales Agreement.
- A necessary element of the Order placement procedure is familiarization with and acceptance of these Terms of Service and Privacy Policy by the Client, which the Client confirms by checking the appropriate box before finalizing the Order. Lack of acceptance of these Terms of Service or Privacy Policy by the Client during the Order placement procedure, and rules regarding withdrawal from the agreement, prevents the possibility of purchasing the Product through the Online Store.
Product Prices
- Product prices presented on the Website are expressed in Polish zlotys or euros, depending on the Client's choice, and are gross prices, i.e., include VAT.
- Information about Product price, features, and essential characteristics is available in Product descriptions in the Online Store and is placed next to the presented Product.
Payment Methods
- Currently available payment methods, including electronic ones, are presented during the order placement procedure, before order submission.
- Electronic payment and credit card transaction settlements are conducted according to the Client's choice through authorized services.
- The Client may submit a payment complaint directly to payment operators.
Withdrawal from Agreement and Product Returns
- Due to the nature of Products offered in the Online Store (digital content), the Consumer does not have the right to withdraw from the concluded agreement as specified in the Consumer Rights Act.
- The Client has the right to a 30-day return of specific Products or their parts without stating a reason from the date of purchase, enabling recovery of the full payment amount or its appropriate part, until the first lesson is used. The right of return and its scope are marked within the specification of a given Product. In the absence of mention in this regard, the right of return does not apply.
- To make a return, the Client is obliged to inform the Seller about their decision through a written statement by sending it to the email address: contact [ at ] thewolfsound [ dot ] com.
- Refund of funds will occur immediately, no later than within 14 days from receiving the Client's statement about Product return, using the same payment methods used by the Client.
Complaints
- The Seller is obliged to deliver Products to Clients without physical and legal defects. The Seller bears responsibility towards Clients who are Consumers for Product defects on the principles specified in the Consumer Rights Act and Civil Code provisions. In relation to Clients who are not Consumers, warranty is excluded.
- A complaint may be submitted by the Client:
a) to the address: Jan Wilczek, ul. Huculska 28, 40-736 Katowice
b) to the email address: contact [ at ] thewolfsound [ dot ] com - The submission should contain in particular: first and last name, correspondence address, email address to which the response to the complaint should be sent if the Client wants to receive the complaint response via email, date of Product acquisition, type of complained Product, detailed description of the defect and date of its detection, Client's request, and the Client's preferred method of being informed about the complaint resolution method.
- The Seller will review and respond to the complaint immediately, no later than within 14 days from complaint submission. This period is counted from the day of providing the Seller with all information necessary for them to consider the complaint submission. The Client will be informed about the complaint resolution method in accordance with the data indicated in the complaint submission.
Out-of-court Complaint Resolution and Claim Pursuit
- Detailed information about out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures, is available at the offices and on the websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, provincial Trade Inspection inspectorates, and on the website of the Office of Competition and Consumer Protection -Â www.uokik.gov.pl.
- A Client with Consumer status may obtain free assistance in resolving an individual dispute between the Consumer and the Seller by using free legal assistance from a municipal or county consumer advocate or a social organization whose statutory tasks include consumer protection, including the Consumer Federation -Â www.federacjakonsumentow.org.pl.
Personal Data and Privacy Policy
The administrator of Clients' personal data is the Seller, and detailed rules for processing personal data are described in the Privacy Policy available on the Website along with information regarding cookies.
Final Provisions
- Agreements are concluded through the Online Store in Polish.
- The Seller implements all Client rights provided for in generally applicable law provisions, particularly those provided for in Civil Code provisions and the Consumer Rights Act. The provisions of these terms of service are not intended to limit or exclude any Client rights arising from legal provisions.
- These terms of service are made available on the Online Store website in a form that enables acquisition, reproduction, and recording of the terms of service content through the teleinformation system used by the Client.
- Recording, securing, and making available the content of the Agreement concluded through the Online Store occurs through sending the Client legally required information to the provided email address.
- Clients who have an Account will be informed about changes to these terms of service along with their summary at the email address they provided. In case a Client with a Client Account does not accept the new content of the terms of service, they are obliged to notify the Seller of this fact within 14 days from being informed about the change in terms of service. Notifying the Seller about non-acceptance of the new terms of service content results in Agreement termination and deletion of the Client's account from the Online Store website. In case of failure to send the information indicated in the preceding sentence within 14 days from being informed about the change in terms of service, it is considered that they accept the introduced changes.
- In case of making changes to these terms of service, all Agreements concluded and Orders placed before the date of entry into force of the terms of service change will be implemented in accordance with the terms of service in the wording binding on the date of Agreement conclusion and Order placement by the Client.
- In matters not regulated in these terms of service, provisions of generally applicable Polish law shall apply.
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