Terms and Conditions

Good morning!

That’s enough of an introduction; now it’s time for the formalities. To begin with, here are our full registration details as a seller and service provider: Paweł Polejowski, operating a sole proprietorship under the name “Full Sail Paweł Polejowski,” 358/39 Jana III Sobieskiego St., 84-200 Wejherowo, Tax ID (NIP): 587-17-12-686.

Below you will find the Terms and Conditions, which include information on, among other things, how the website operates, the process for placing an order that leads to the conclusion of a contract, details regarding the fulfillment of the contract, the rules for providing access to digital content, the types of payment available on the website, the procedure for withdrawing from a contract, and the complaint process.

If you have any comments, questions, or concerns, please feel free to contact us at hello@nakoncujezyka.online or by phone at +48 792 833 986. Our customer service department is open Monday through Friday from 9:00 a.m. to 5:00 p.m.

Best regards, and we hope you enjoy your shopping experience!

The www.nakoncujezyka.online website team

Table of Contents

§ 1. Definitions

§ 2. Introductory Provisions

§ 3. Electronic Services Related to the Website

§ 4. Content of the Website

§ 5. User Account

§ 6. Placing an Order and Entering into the Agreement

§ 7. Pre-sale

§ 8. Price and Payments

§ 9. Vouchers

§ 10. Fulfillment of an Order for Digital Content

§ 11. Subscription to the Newsletter to Receive Digital Content

§ 12. Withdrawal from a Consumer Agreement or a PNPK Agreement without providing a reason

§ 13. Liability for the Conformity of Digital Content with the Agreement

§ 14. Bringing Digital Content into Compliance with the Agreement

§ 15. Price Reduction or Termination of the Agreement in the Event of Nonconformity of Digital Content with the Agreement

§ 16. Settlement with the Consumer or PNPK in the Event of Withdrawal from the Agreement

§ 17. Sharing User Content

§ 18. Moderation of User Content

§ 19. Reporting User Content

§ 20. Penalties for Inappropriate User Content

§ 21. Appeals

§ 22. Reviews

§ 23. Personal Information and Cookies

§ 24. Intellectual Property Rights

§ 25. Out-of-Court Methods for Handling Complaints and Pursuing Claims

§ 26. Complaints and Notices

§ 27. Final Provisions

§ 1. Definitions

For the purposes of these Rules and Regulations, the following definitions apply to the terms listed below:

  1. Price – the amount, expressed in monetary units, that the Buyer is obligated to pay the Seller for the Product;
  2. Discount Code – a unique code (string of characters) that the Buyer can use to reduce the Price;
  3. Consumer – a natural person who enters into a Contract with the Seller that is not directly related to the person’s business or professional activities;
  4. User Account – a set of resources and permissions within the Website’s ICT system assigned to a specific Buyer;
  5. Buyer – a natural person, a legal entity, or an organizational unit with legal capacity, in particular a Consumer or a PNPK;
  6. Newsletter – emails containing information about new features, promotions, or Products related to the Site;
  7. Product – Digital Content or Voucher;
  8. Entrepreneur with consumer rights (PNPK) – a natural person who enters into a Contract with the Seller that is directly related to their business activity, where the terms of the Contract indicate that the activity is not of a professional nature for that person, as evidenced, in particular, by the nature of their business activity, as disclosed pursuant to the provisions governing the Central Register and Information on Business Activity;
  9. Pre-sale — the process by which the Seller collects orders for Products that will be available for sale as of a specified date and enters into Agreements prior to the planned date of the Products’ release for sale;
  10. Terms of Service – the Terms of Service for the NaKoncuJezyka.Online website, available at https://www.nakoncujezyka.online/regulamin;
  11. Website – the website accessible at www.nakoncujezyka.online and its subdomains;
  12. Seller – Paweł Polejowski, operating as a sole proprietor under the business name “Full Sail Paweł Polejowski,” located at ul. Jana III Sobieskiego 358/39, 84-200 Wejherowo, NIP: 587-17-12-686;
  13. Digital Content – data created and delivered in digital form;
  14. User Content – any information provided by the Buyer for storage, at the Buyer’s request, in the Website’s IT system, or for publication on the Website, e.g., additional, voluntary information provided in the User Account, a comment or review of a Product, a question or notes under Digital Content, a post in a topic-based group or a support group related to Digital Content;
  15. Agreement – an agreement entered into between the Seller and the Buyer, the subject matter of which is the delivery of Digital Content;
  16. Electronic Services — any services provided electronically by the Seller to the Buyer through the Website;
  17. Voucher – a unique code (string of characters) that may be used by the Buyer to pay the Price or a portion of the Price;

§ 2. Introductory Provisions

  1. Through the Website, the Seller provides Electronic Services and sells Products. The Buyer may purchase the Products listed on the Website or specified as part of a Pre-sale.
  2. The website is not intended for the conclusion of contracts between buyers.
  3. These Terms and Conditions set forth the rules and conditions for using the Website, as well as the rights and obligations of the Seller and Buyers.
  4. The Seller has designated an electronic contact point related to the Service for direct communication with the authorities of Member States, the Commission, and the Digital Services Board: hello@nakoncujezyka.online. The Buyer may use this same contact point for direct and prompt communication with the Seller. Communication may be conducted in Polish or English.

§ 3. Electronic Services Related to the Website

  1. The Seller provides the Buyer with Electronic Services related to the use of the Website, consisting of enabling the Buyer to:
    1. viewing publicly available content on the Website;
    2. registration of a User Account and use of a User Account;
    3. placing an order and entering into the Agreement;
    4. the use of purchased Digital Content, which is delivered through the User Account functionality;
    5. subscribe to the newsletter,
    6. the transmission of User Content.
  2. Electronic Services are provided to the Buyer free of charge.
  3. No specific technical requirements must be met by the Buyer’s computer hardware or software in order to use the Electronic Services. The following are sufficient:
    1. Internet access,
    2. a standard, up-to-date operating system,
    3. a standard, up-to-date web browser with cookies enabled,
    4. Having an active email address.
  1. When using the Electronic Services, it is prohibited to provide unlawful content, in particular by submitting such content via the forms available on the Website.
  2. In order to ensure the Buyer’s security and the secure transmission of data in connection with the use of the Website, the Seller implements technical and organizational measures appropriate to the level of security risk associated with the Electronic Services provided, in particular, measures designed to prevent the unauthorized access to and modification of personal data by unauthorized persons.
  3. The Seller takes steps to ensure that the Website functions properly. The Buyer should notify the Seller of any malfunctions or interruptions in the Website’s operation.
  4. Since the Website is an information and communications technology system managed by the Seller, the Seller may carry out technical and IT work aimed at developing the Website and providing Electronic Services at the highest possible level.
  5. As part of the development of the Website, the Seller may, in particular:
  1. add new features and modify or remove existing features within the Website;
  2. launch the Service on other types of devices, such as mobile devices;
  3. make an app related to the Service available.

§ 4. Content of the Website

  1. The publicly available content on the Website includes items such as text, photos, graphics, audio recordings, and videos.
  2. You can view the publicly available content on the Website anonymously, that is, without providing any personal information.
  3. The content of this website is protected by copyright.
  4. Details regarding intellectual property are set forth in § 24 of the Rules and Regulations.

§ 5. User Account

  1. To register a User Account, you must complete and submit the registration form available on the Website or indicate your intention to register a User Account by checking the appropriate checkbox on the order form.
  2. To register a User Account, you must provide the personal information required for this purpose.
  3. In the case of an order for Digital Content that is delivered using the User Account functionality, the User Account is automatically created upon placing the order, as this is necessary for the performance of the Agreement and the delivery of the Digital Content.
  4. The User Account is linked to the email address provided by the Buyer.
  5. The User Account stores information about the Buyer, including a history of orders placed by the Buyer on the Website.
  6. The Buyer may provide additional, optional information in their User Account, such as a profile photo, website address, date of birth, and a short bio. This information constitutes User Content.
  7. The Digital Content purchased by the Buyer is assigned to the User Account, and such content is delivered through the User Account’s features.
  8. The Buyer logs into the User Account using the email address associated with the User Account (username) and a password chosen by the Buyer. The Buyer is required to protect access to their User Account from unauthorized access and, furthermore, is required not to disclose their username and password to any third parties.
  9. The Buyer may delete their User Account at any time. If the Buyer is unable to locate the appropriate option to do so after logging into their User Account, they should contact the Seller via email regarding this matter. Deleting a User Account results in the loss of access to the Digital Content associated with that User Account.

§ 6. Placing an Order and Entering into the Agreement

  1. A buyer can place an order either as a registered customer or as a guest.
  2. A registered customer is a Buyer who has a User Account on the Website.
  3. If the Buyer has a User Account on the Website, they should log in to it before placing an order. It is also possible to log in while placing an order.
  4. Any descriptions of Products available on the Website do not constitute an offer within the meaning of the applicable provisions of civil law, but rather an invitation to enter into a Contract.
  5. To place an order, the Buyer adds the Products of interest to the shopping cart and then fills out the order form. The form requires the Buyer to provide the information necessary to process the order. During the ordering process, the Buyer selects a payment method for the order. Placing an order requires acceptance of the Terms and Conditions, which the Buyer should review in advance. If the Buyer has any questions regarding the Terms and Conditions, they may contact the Seller.
  6. The Buyer must provide accurate personal information on the order form. The Buyer is responsible for providing false personal information. The Seller reserves the right to suspend fulfillment of the order if the Buyer has provided false information or if such information raises reasonable doubts on the part of the Seller regarding its accuracy. In such a case, the Buyer will be notified by phone or email of the Seller’s concerns. In this situation, the Buyer has the right to clarify any circumstances related to verifying the accuracy of the information provided. If there is no information available that would allow the Seller to contact the Buyer, the Seller will provide all necessary explanations once the Buyer initiates contact.
  7. The Buyer represents that all information provided by the Buyer in the order form is true; however, the Seller is not obligated to verify its truthfulness or accuracy, although the Seller has the right to do so in accordance with paragraph 6.
  8. The ordering process is completed by clicking the “Place Order” button. Clicking the “Place Order” button constitutes the Buyer’s offer to purchase the selected Products from the Seller, under the terms and conditions specified in the order form.

§ 7. Pre-sale

  1. The Seller may organize a Pre-sale for certain types of Products.
  2. Products available for pre-order are clearly marked on the Website as “Pre-order Products.” On the product pages for such products, the Seller provides information regarding the date on which the products are most likely to become available and the date on which the products are most likely to be shipped to Buyers.
  3. For the purposes of entering into Agreements under the Pre-sale, the provisions of § 6 shall apply mutatis mutandis.
  4. The Seller reserves the right to change the deadline referred to in paragraph 2, particularly as a result of delays on the part of subcontractors. The Seller will notify Buyers of any changes to the dates related to the Pre-sale by posting information on the Website and sending an email to the address provided by the Buyer.
  5. In the event that the sale of the Products is not possible under the terms and conditions set forth in the Pre-sale (e.g., if the delivery time for the Product is extended), the Seller shall notify the Buyer of these circumstances.
  6. If a Buyer who is a Consumer or a PNPK does not agree to an extension of the Product delivery deadline or a change in the terms of sale for the Product, the Buyer may cancel the purchase of the Product, and the Seller shall refund to such Buyer all payments made as part of the Pre-sale.

§ 8. Price and Payments

  1. The available payment methods for an order are described on the Website and presented to the Buyer during the checkout process.
  2. If the Buyer selected online payment when placing the order, after clicking the button to finalize the order, they will be redirected to a payment gateway operated by a third-party payment processor to complete the payment for the order. If the Buyer selected payment by bank transfer, after clicking the button to finalize the order, they will be redirected to a page on the Website with an order confirmation and instructions for making the payment. Payment for the order must be made within 7 days of placing the order. After this period expires, the Seller may assume that the Buyer has decided not to purchase the Product and may cancel the order.
  3. Electronic payments, including card payments, are processed by the Tpay payment system, which is owned by Krajowy Integrator Płatności S.A., with its registered office in Poznań, at 3 Andersa Square, 17th floor, 61-894 Poznań, entered in the Register of Entrepreneurs maintained by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under number 0000412357, Tax Identification Number (NIP) 7773061579, National Business Registry Number (REGON) 300878437, with share capital of 5,494,980 PLN paid in full.
  4. An invoice is issued for each order and is sent to the Buyer electronically, to the email address provided in the order form.
  5. All prices listed on the Website are gross prices.
  6. The Seller is entitled to grant Buyers discounts, price reductions, or other price-related benefits at its discretion, particularly as part of a promotional campaign. The details of promotional campaigns are set forth in separate promotional campaign terms and conditions. The Buyer is not entitled to demand discounts, price reductions, or other preferential terms that do not result from a promotional campaign.
  7. A buyer who has a Discount Code may use it when placing an order by entering the Discount Code in the designated field, following the instructions provided on the order form page. The use of Discount Codes may be limited exclusively to specific Products or groups of Products, as indicated when the Discount Code is made available. The validity of a specific Discount Code may be limited in time, as indicated when the Discount Code is made available. Discount Codes may be made available under various circumstances, such as in exchange for subscribing to the newsletter, as a prize in contests organized by the Seller, as a gift to the Buyer, etc.
  8. Whenever the Seller announces a price reduction for a Product, the Seller must include, alongside the reduced price, information about the lowest price of the Product that was in effect during the 30 days prior to the price reduction. If a given Product is offered for sale for a period shorter than 30 days, the Seller shall, in addition to the information about the reduced Price, also include information about the lowest Price of the Product that was in effect during the period from the date the Product was first offered for sale until the date the reduction was implemented.

§ 9. Vouchers

  1. The voucher is in digital form.
  2. The voucher is sent to the email address provided by the Buyer on the order form.
  3. The voucher has a specific gross face value, as indicated in the voucher description on the Website.
  4. A voucher may be used as a form of payment for an order placed by the Buyer by entering the code in the designated field, in accordance with the instructions provided on the order form page; however, it cannot be exchanged for cash, either in whole or in part.
  5. If the amount due for the order is less than the value of the Voucher, the Seller will not refund the difference to the Buyer. If the amount due for the order is greater than the value of the Voucher, the Buyer must pay the difference.
  6. The use of a Voucher may be limited to specific Products or groups of Products. Any restrictions associated with a Voucher are always indicated in the Voucher’s description on the Website.
  7. The voucher can be used only once.
  8. A voucher may have an expiration date, after which it can no longer be used. If the Voucher has an expiration date, it is indicated in the Voucher description on the Website. The consumer or PNPK may request a cash refund from the Seller for the value of the unused Voucher after its expiration date.
  9. In the event of withdrawal from a Contract for which payment was made using a Voucher, the Seller is entitled to refund the payment by providing the Buyer with a Voucher whose value corresponds to the amount being refunded. The Buyer is not entitled to demand a refund in cash.
  10. The Seller is responsible for ensuring that the Voucher complies with the Agreement. The provisions of the Terms and Conditions regarding liability for the compliance of Digital Content with the Agreement apply, mutatis mutandis, to the Seller’s liability.

§ 10. Fulfillment of Orders for Digital Content

        1. Fulfillment of an order for Digital Content consists of delivering the ordered Digital Content to the Buyer.
        2. The Seller shall deliver the Digital Content to the Buyer no earlier than after the payment has been successfully authorized or credited to the Seller’s bank account. Digital Content may be delivered to the Buyer immediately after the conclusion of the Agreement and payment for the order, or within the timeframes specified by the Seller, depending on the type of Digital Content purchased by the Buyer.
        3. Depending on the type of Digital Content, standard, widely available software is required to view or play specific file types such as DOC, PDF, MP4, MP3, MOV, AVI, etc. If the use of Digital Content requires meeting additional technical requirements, such information is displayed on the Website in a manner visible to the Buyer and allowing the Buyer to make an informed decision regarding the purchase of Digital Content.
        4. Depending on the Seller’s choice and the technical capabilities of the Website, the Buyer may access Digital Content by:
  1. a link sent to the Buyer at the email address provided by the Buyer, or
  2. The User Account to which the purchased Digital Content will be assigned, or
  3. a dedicated page on the Website where the purchased Digital Content is located.
        1. Information regarding whether a particular Digital Content item may be downloaded by the Buyer onto their own storage medium is provided in the Digital Content description or in the instructions provided to the Buyer.
        2. If a given Digital Content item can be downloaded by the Buyer, the Seller may impose a download limit on that Digital Content item (e.g., the Digital Content item may be downloaded only 10 times). If a download limit is imposed, the Seller shall clearly indicate to the Buyer how many times the Buyer may download the Digital Content under the Agreement.
        3. The Seller may impose time limits on access to a given Digital Content (e.g., access to a given Digital Content will be available only for 3 months). If time limits are imposed, the Seller shall clearly inform the Buyer of the duration of the Buyer’s access to the Digital Content under the Agreement. If access to the Digital Content is specified by the Seller as lifetime access, and the Buyer obtains this access through a User Account, in the event that the User Account must be closed (e.g., due to technological changes or the Seller ceasing operations), the Buyer is provided with the opportunity to download the Digital Content to their own storage medium within a timeframe specified by the Seller, which shall not be less than 14 days, calculated from the date on which information regarding the planned closure of the User Account and the opportunity to download the Digital Content to their own storage medium is sent to the Buyer’s email address associated with the User Account.
        4. Digital Content is considered delivered at the moment when the Digital Content, or the means that allows access to or download of the Digital Content, has been made available to the Buyer or to a physical or virtual device that the Buyer has independently selected for this purpose, or when the Buyer or such device has gained access to the Digital Content.
        5. The Seller provides the Digital Content in the version in effect as of the date of delivery of the Digital Content and does not provide updates after the date of delivery of the Digital Content — unless the description of the Digital Content expressly states that the Digital Content also includes updates to the Digital Content at a later date.
        6. Subject to the provisions on fair use, the Buyer may use the Digital Content solely for personal use. Under no circumstances does the Buyer have the right to distribute or sell the Digital Content or any derivative works thereof under their own brand, incorporate the Digital Content or portions thereof into their own products or services that they make available or sell, or engage in any other similar commercial activities using the Digital Content.
        7. If the Buyer wishes to use the Digital Content in their business or professional activities, they are required to request a license for the relevant Digital Content from the Seller by sending an email to the Seller’s email address. To enter into such an agreement, the Buyer should contact the Seller with a proposal to enter into a license agreement, informing the Seller, in particular, of the purposes for which the Buyer intends to use the Digital Content and the anticipated duration of such use. Upon receiving such a proposal, the Seller will present an offer in accordance with its own licensing policy.
        8. If the Buyer accesses the purchased Digital Content through a User Account, the following is prohibited:
          1. sharing your User Account with others or providing others with access information for your User Account;
          2. attempting to gain unauthorized access to Digital Content that has not been assigned to the User’s Account as a result of a purchase;
          3. taking actions that adversely affect the operation of the information and communications technology system within which the User’s Account operates, in particular through various hacking techniques, malware, etc.;
          4. attempting to download Digital Content to your own storage medium when the Seller does not provide such a capability;
          5. using the User Account to conduct marketing activities;
          6. using the features available through the User Account in a manner that infringes on the personal rights of others or violates public decency.
        9. If the Buyer violates the rules governing the use of Digital Content, the Seller may block the Buyer’s access to the Digital Content. The Buyer will receive a message explaining the reasons for the block. The Buyer may appeal the block within 14 days of receiving the message. The Seller will review appeals within 14 days. Blocking access to Digital Content does not constitute a breach of the Agreement by the Seller and cannot serve as the basis for any claims by the Buyer arising from a breach of the Agreement.
        10. The Seller is entitled to make changes to the Digital Content during the term of the Agreement, with the exception of Digital Content that is provided on a one-time basis. Changes to Digital Content purchased by the Consumer or PNPK may be made in accordance with the following requirements:
  1. Changes to Digital Content may be made only for valid reasons, in particular to correct defects, adapt the Digital Content to the Buyers’ needs, or bring the Digital Content into compliance with changes in the law or decisions of courts and authorities;
  2. Changes to Digital Content may not result in costs for the Consumer or PNPK;
  3. The seller shall inform the consumer or PNPK of the change in a clear and understandable manner;
  4. If a change to the Digital Content materially and adversely affects the Buyer’s access to or use of the Digital Content, the Seller is required to notify the Consumer or PNPK in advance, no less than 7 days in advance, on a durable medium, regarding the nature and effective date of the change, as well as the rights associated with such changes;
  5. if a change to the Digital Content materially and adversely affects the Buyer’s access to or use of the Digital Content, the Consumer or PNPK may terminate the Agreement without notice within 30 days from the date the change to the Digital Content was made or from the date the Consumer was notified of the changes to the Digital Content, if such notification occurred after the change was made. The Buyer is not entitled to this right if the Seller provides the Consumer or PNPK, at no additional cost, with the right to retain the Digital Content in accordance with the Agreement in its unaltered state.
        1. Digital Content may or may not be accompanied by additional services, such as access to a support group related to the purchased Digital Content, an online meeting with the Seller or other individuals, participation in additional webinars, etc. All such benefits are ancillary to the Seller’s primary obligation, which is to deliver Digital Content in accordance with the Agreement, and are provided in accordance with the information available on the Website as set forth in the description of the Digital Content being purchased. The Seller may establish additional rules for the use of supplementary services aimed at ensuring comfort and a sense of security among all persons having access to specific services, e.g., rules for participation in a support group. Failure to comply with such rules may result in the Buyer being deprived of the ability to use additional services; however, this does not affect the Seller’s performance of its primary obligation to deliver Digital Content, does not constitute a breach of the Agreement by the Seller, and cannot serve as the basis for any claims by the Buyer arising from a breach of the Agreement.
        2. Upon termination of the Digital Content Supply Agreement, the Seller may not use any content other than personal data provided or generated by the Consumer or PNPK while using the Digital Content supplied by the Seller, except for content that:
          1. are useful only in connection with the Digital Content that was the subject of the Agreement;
          2. apply exclusively to the activities of the Consumer or PNPK while using the Digital Content provided by the Seller;
          3. have been combined by the Seller with other data and cannot be separated from it, or can be separated only with a disproportionate amount of effort;
          4. were created by the Consumer or PNPK in collaboration with other Buyers, who may continue to use them.
        3. The Seller shall make available to the Consumer or PNPK, upon request and at its own expense, within a reasonable time and in a commonly used machine-readable format, the content created or provided by the Consumer or PNPK while using the Digital Content, other than personal data, with the exception of the content referred to in paragraph 16, items 1–3.

§ 11. Subscription to the Newsletter to Receive Digital Content

              1. With respect to certain Digital Content, the Seller may offer the option to receive it without having to pay the Price, but in exchange for subscribing to the newsletter.
              2. To subscribe to the newsletter, you must fill out and submit the form available on the Website.
              3. To subscribe to the newsletter, you must provide the personal information required for this purpose.
              4. If the Buyer subscribes to the Newsletter to receive Digital Content, subscribing to the Newsletter simultaneously results in the conclusion of a Contract for the Delivery of Digital Content. However, the Buyer does not pay the Price for the delivery of Digital Content. In this case, the form of payment for the delivery of Digital Content is the subscription to the Newsletter.
              5. After entering into the Agreement for the Provision of Digital Content as described above, the Buyer will receive an email at the provided email address containing instructions on how to download or access the Digital Content paid for through a subscription to the newsletter.
              6. The buyer may unsubscribe from the newsletter at any time. This does not affect the Agreement for the Delivery of Digital Content that has been entered into.
              7. If the Buyer is interested in Digital Content that is marked on the Website as available in exchange for subscribing to the newsletter but does not wish to subscribe to the newsletter, the Buyer may purchase that Digital Content by contacting the Seller directly.

§ 12. Withdrawal from a Consumer Agreement or PNPK without giving a reason

  1. A consumer or PNPK has the right to withdraw from a Contract concluded through the Website without giving any reason within 14 days from the date the Contract was concluded.
  2. The right to withdraw from the Agreement does not apply to an Agreement for the supply of Digital Content not delivered on a tangible medium, for which the Consumer or PNPK is obligated to pay the Price, if the Seller has begun performance with the Buyer’s express and prior consent, and the Buyer was informed before the start of performance that upon the Seller’s fulfillment of the obligation, the Buyer would lose the right to withdraw from the Contract and acknowledged this, and the Seller has provided the Buyer with the confirmation referred to in Article 21(2) of the Consumer Rights Act.
  3. To withdraw from the Contract, the Consumer or PNPK must inform the Seller of their decision to withdraw from the Contract by means of an unambiguous statement—for example, by letter sent by mail or by email.
  4. The consumer or PNPK may use the model contract withdrawal form available at https://www.nakoncujezyka.online/wp-content/uploads/2024/02/05.-Form-for-Withdrawal-from-the-Agreement.docx; however, this is not mandatory.
  5. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer or PNPK to send notice of the exercise of the Consumer’s or PNPK’s right to withdraw from the Contract before the deadline for withdrawal expires.
  6. In the event of withdrawal from the Contract, the Seller shall refund to the Consumer or PNPK all payments received from the Consumer or PNPK without delay, and in any event no later than 14 days from the date on which the Seller was notified of the decision to exercise the right to withdraw from the Contract.
  7. Refunds are issued using the same payment methods used in the original transaction, unless the Consumer or PNPK has expressly agreed to an alternative arrangement. In any case, the Consumer or PNPK will not incur any fees in connection with this refund.
  8. In the event of withdrawal from the Digital Content Supply Agreement, the Seller may prevent the Consumer or PNPK from continuing to use the Digital Content, in particular by denying the Consumer or PNPK access to the Digital Content.

§ 13. Liability for the Conformity of Digital Content with the Agreement

        1. The warranty for defects in Digital Content, as provided for in the Civil Code, is excluded in the case of Contracts entered into by Buyers other than Consumers or PNPK.
        2. Contracts entered into by the Consumer or PNPK are subject to the provisions regarding liability for the conformity of Digital Content with the Contract, as set forth in the Consumer Rights Act, subject to the provisions of the Terms and Conditions.
        3. The Seller is liable to the Consumer and PNPK for the conformity of the Digital Content with the Agreement. The conformity of the Digital Content with the Agreement is assessed in accordance with the provisions of the Consumer Rights Act.
        4. For Digital Content:
          1. delivered in a single shipment or in installments — The Seller is liable for any nonconformity of the Digital Content with the Agreement that existed at the time of delivery and became apparent within two years of that time;
          2. delivered on a continuous basis — The Seller is liable for any nonconformity of the Digital Content with the Agreement that occurred or became apparent during the period in which it was to be delivered in accordance with the Agreement.
        5. If the Seller provides Digital Content on an ongoing basis, the Digital Content must remain compliant throughout the period of its provision in accordance with the Agreement.

§ 14. Bringing Digital Content into Compliance with the Agreement

  1. If the Digital Content does not comply with the Agreement, the Consumer or PNPK may demand that the Digital Content be brought into compliance with the Agreement.
  2. If bringing the Digital Content into compliance with the Agreement is impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Digital Content into compliance with the Agreement.
  3. The Seller shall bring the Digital Content into compliance with the Agreement within a reasonable time, not exceeding 21 days, from the time the Seller was notified by the Consumer or PNPK of the Digital Content’s nonconformity with the Agreement, and without undue inconvenience to the Consumer or PNPK, taking into account the nature of the Digital Content and the purpose for which it is used.
  4. The Seller shall bear the costs of bringing the Digital Content into compliance with the Agreement.

§ 15. Price Reduction or Withdrawal from the Agreement in the Event of Nonconformity of the Digital Content with the Agreement

  1. If the Digital Content does not comply with the Agreement, the Consumer or PNPK may request a price reduction or withdraw from the Agreement when:
    1. The Seller refused to bring the Digital Content into compliance with the Agreement in accordance with § 14(2);
    2. The Seller has not brought the Digital Content into compliance with the Agreement;
    3. the Digital Content remains noncompliant with the Agreement, even though the Seller has attempted to bring the Digital Content into compliance with the Agreement;
    4. a failure of the Digital Content to conform to the Agreement is sufficiently significant to justify a reduction in the Price or withdrawal from the Agreement without first resorting to the remedies referred to in § 14(1);
    5. It is clear from the Seller’s statement or the circumstances that the Seller will not bring the Digital Content into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer or PNPK.
  2. The Reduced Price must be in the same proportion to the Price specified in the Agreement as the value of the Digital Content that does not conform to the Agreement is to the value of the Digital Content that does conform to the Agreement. If the Digital Content is delivered in installments or on an ongoing basis, the Price reduction must take into account the period during which the Digital Content was nonconforming to the Agreement.
  3. The Seller is required to refund the Price owed to the Consumer or PNPK immediately, no later than 14 days from the date of receipt of the Consumer’s or PNPK’s notice regarding the Price reduction.
  4. A consumer or PNPK may not withdraw from the Agreement if the Digital Content is provided in exchange for payment of the Price and the nonconformity of the Digital Content with the Agreement is minor. It is presumed that the lack of conformity of the Digital Content with the Agreement is material.

§ 16. Settlement with the Consumer or PNPK in the Event of Withdrawal from the Agreement

  1. In the event that a Buyer who is a Consumer or a PNPK withdraws from the Agreement:
    1. under the rights arising from the consumer warranty for nonconformity of Digital Content with the Agreement;
    2. if the Seller fails to deliver the Digital Content, despite a request from the Buyer,

– The provisions of this paragraph shall apply to settlements between the Parties.

  1. If the Seller has delivered Digital Content on a tangible medium, the Seller may request the return of that medium no later than 14 days from the date of receipt of the notice of withdrawal, and the Consumer or PNPK is required to return the medium immediately, no later than within 21 days, at the Seller’s expense.
  2. The Seller is obligated to refund only that portion of the Price corresponding to the Digital Content that does not comply with the Agreement or to the Digital Content for which the obligation to deliver it has ceased as a result of withdrawal from the Agreement. At the same time, the Seller is not entitled to demand payment for the period during which the Digital Content was non-compliant with the Agreement, even if the Consumer or PNPK actually used it prior to withdrawing from the Agreement.
  3. The Seller is required to refund the Price owed to the Consumer or PNPK immediately, no later than 14 days from the date of receipt of the Consumer’s or PNPK’s notice of withdrawal from the Agreement.
  4. The Seller shall refund the applicable Price using the same payment method used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different refund method that does not entail any costs for them.

§ 17. Sharing User Content

  1. Through the Website, the Buyer may submit User Content for storage, at the Buyer’s request, in the Website’s information and communications technology system, or for publication on the Website.
  2. It is prohibited to share User Content that
    1. constitute illegal content as defined by the Digital Services Act (DSA) or
    2. are in violation of the Terms and Conditions.
  3. “User Content that violates the Terms of Service” shall be understood to mean User Content that:
              1. violate the rules for posting comments set forth in § 22 of the Terms of Use;
              2. are inconsistent with the subject matter of the content available on the Website;
              3. reproduce content previously published on the Website;
              4. contain links or other spam-like content;
              5. are used to conduct business that competes with the Seller, such as promoting competing websites;
              6. are used to conduct unauthorized advertising, promotional, or marketing activities, in particular by posting advertisements, selling, and promoting products, services, projects, or fundraisers;
              7. are used to carry out activities prohibited by law, such as attempts to defraud or extort money from other Buyers;
              8. incite violence against any living beings, including animals, or condone such violence;
              9. promote any fascist or other totalitarian form of government;
              10. incite hatred based on differences in gender, sexual orientation, nationality, ethnicity, race, or religion—or on the basis of having no religious affiliation—or condone such hatred;
              11. insult a group of people or individuals on the basis of their gender, sexual orientation, nationality, ethnicity, race, religion, or lack of religious affiliation;
              12. contain chauvinistic or misogynistic content, as well as content that constitutes gender discrimination;
              13. defame or insult any third party;
              14. infringe upon the personal rights of any third party;
              15. infringe the copyrights of any third party;
              16. contain profanity or other offensive content;
              17. encourage dangerous behavior or condone such behavior;
              18. offend religious sensibilities;
              19. may cause discomfort to other Buyers, particularly by showing a lack of empathy or respect for other Buyers;
              20. violate the applicable legal order or public decency in a manner other than that specified in items 1 through 19.
  1. If the Seller obtains credible information regarding the possibility that the Buyer has committed a crime or misdemeanor in connection with the User Content provided, the Seller is entitled and obligated to notify the relevant law enforcement agencies or public authorities of this, as well as to provide them with data concerning the Buyer. The same applies if law enforcement agencies or public authorities request that the Seller provide the Buyer’s data, particularly for the purposes of civil or criminal proceedings.

§ 18. Moderation of User Content

      1. The Seller may verify User Content at any time. The Seller conducts such verification in a non-arbitrary, objective manner and with due diligence. At the same time, the Seller reserves the right not to be obligated to review User Content in advance, in particular through preventive checks (e.g., as part of the prior approval of User Content) or any other form of verification of User Content.
      2. If User Content is found to be in violation of the Terms of Service, it may be blocked and made invisible to other Buyers or removed from the Website.
      3. If User Content is blocked or removed, the Seller shall immediately notify the Buyer who submitted the User Content subject to blocking or removal, providing the rationale for its decision.
      4. If User Content is blocked or removed for violating the Terms of Service, the Buyer who posted that User Content may file an appeal in accordance with the procedures described in § 21 of the Terms of Service.
      5. The Seller ensures that appeals regarding User Content will not be processed automatically—the Seller’s staff will be responsible for verifying the validity of any decision to block or remove User Content.

§ 19. Reporting User Content

        1. Any person or entity may report to the Seller the presence on the Website of User Content that such person or entity considers to be illegal content as defined in the Digital Services Act (DSA).
        2. A report may be filed:
          1. by email, to hello@nakoncujezyka.online;
          2. through the contact form available on the Website;
          3. using the dedicated “Report a Violation” feature located next to the User Content.
        3. The notification referred to in paragraph 1 must include all the elements required under the Digital Services Act (DSA), such as:
          1. a sufficiently substantiated explanation of the reasons why a particular person or entity alleges that the User Content violates the Terms of Service;
          2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the User Content, depending on the type of User Content and the specific type of hosting service;
          3. the full name and email address of the person or entity making the report, except in the case of a report concerning information deemed to be related to one of the criminal offenses referred to in Articles 3–7 of Directive 2011/93/EU;
          4. a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
        4. Buyers may use the sample complaint form available at https://www.nakoncujezyka.online/wp-content/uploads/2024/02/01.-Zgaoszenie-naruszenia-wzEr-formularza-2.docx.
        5. Upon receipt of the notification referred to in paragraph 1, the Seller shall immediately confirm receipt of the notification to the notifying party—by email, to the email address provided. If the notification is incomplete or contains other errors, the Seller may ask the notifier to supplement or correct the notification. If the submitter fails to complete or correct the submission within 14 days of the Seller’s request, the submission will not be considered.
        6. The Seller will verify the User Content no later than 14 days from the date of receipt of a complete and valid report. The Seller conducts the verification in a non-arbitrary, objective manner and with due diligence. For the purpose of verifying User Content, the Seller may request additional information or documents from the reporting party, such as those confirming ownership of the rights that the User Content under review may potentially infringe.
        7. During the verification process, the Seller is authorized to block the User’s Content so that it is no longer visible to other Buyers.
        8. After verification, the Seller may permanently block or remove User Content for violating the Terms of Service, or determine that the User Content does not violate the Terms of Service. If the User Content was previously blocked, and upon verification it turns out that the User Content does not violate the Terms of Service, the Seller shall immediately restore the User Content and notify the reporter of this, providing the rationale for its decision.
        9. If User Content is blocked or removed, the Seller shall immediately notify both the reporting party and the Buyer who posted the User Content subject to blocking or removal, providing a justification for its decision.
        10. If User Content is blocked or removed for violating the Terms of Service, or if a request to block or remove User Content is denied, the Buyer who posted such User Content, or the person who reported it may file an appeal in accordance with the procedures described in § 21 of the Terms of Service.
        11. The Seller guarantees that any complaints regarding User Content will not be processed automatically—the Seller’s staff will be responsible for verifying the validity of any decision to block or remove User Content.

§ 20. Penalties for Inappropriate User Content

  1. If the Buyer uses the Website in violation of the Terms of Service by submitting any User Content that violates the Terms of Service, the Seller may:
    1. suspend the User’s Account;
    2. permanently delete the User’s account;
    3. suspend the Buyer’s access to certain features of the Website;
    4. permanently prevent the Buyer from using certain features of the Website.
  2. The choice of the measure referred to in paragraph 1 depends on the circumstances of the case and the severity of the violation committed by the Buyer while using the Website. These actions are independent of other actions the Seller may take with respect to User Content, such as blocking access or permanently removing User Content.
  3. When selecting the measure referred to in paragraph 1, the Seller shall act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved.
  4. A User Account may be blocked, or access to certain features of the Website may be suspended, for a period of 5 to 30 days. After the specified period has elapsed, the Seller will lift the block on the User’s Account or restore access to the Website features that had been suspended.
  5. If the measure referred to in paragraph 1 is applied, the Buyer against whom the measure was applied may file an appeal in accordance with the procedures described in § 21 of the Terms and Conditions.
  6. The Seller warrants that any appeals regarding the application of the measure referred to in paragraph 1 will not be processed automatically—the Seller’s staff will be responsible for verifying the validity of the application of the measure in question.

§ 21. Appeals

      1. In the event that:
        1. The Seller did not block or remove the User Content despite a report from another Buyer or a third party;
        2. The User’s content has been blocked or removed in violation of the Terms of Service;
        3. The Seller has imposed any sanctions on the Buyer in connection with User Content;

– A buyer who submitted User Content, or a person who reported User Content for review, may file an appeal.

      1. Any decision by the Seller regarding User Content must include a justification that allows for an appeal—except in cases where the Seller receives an order regarding User Content from a relevant public authority or government agency. The justification must meet the requirements set forth in the Digital Services Act (DSA) and include information such as:
        1. an indication of whether the decision involves removing User Content, blocking access to it, demoting or limiting the visibility of User Content, or suspending or terminating monetary payments related to such User Content, or imposes other measures referred to in the Terms of Service with respect to such User Content, and, where applicable, the territorial scope of the decision and its duration;
        2. the facts and circumstances on which the decision was based, including, where applicable, information on whether the decision was made based on a report submitted by another Buyer or a third party, or based on voluntary verification activities conducted at the initiative of XXX, and, where absolutely necessary, the identity of the reporter;
        3. where applicable, information regarding the use of automated means in decision-making, including whether a decision was made with respect to User Content detected or identified using automated means;
        4. if the decision concerns potentially prohibited User Content, an indication of the legal or contractual basis on which the decision is based, and an explanation of the reasons why the User Content in question is considered prohibited on that basis;
        5. clear and buyer-friendly information regarding the buyer’s or complainant’s right to appeal a decision.
      2. An appeal may be filed by sending it:
        1. to the email address hello@nakoncujezyka.online;
        2. using the contact form;
        3. in writing, preferably by certified mail, to the Seller’s registered office address.
      3. The appeal should include:
        1. the name and surname (or, if applicable, the company name) of the appellant;
        2. contact information;
        3. a detailed explanation of why, in the appellant’s opinion, the Seller’s decision was incorrect and should be reversed.
      4. Upon receiving a cancellation request, the Seller shall immediately confirm receipt of the request—by email, to the provided email address.
      5. Appeals are reviewed within 14 days of the date the appeal is filed.

§ 22. Opinions

  1. The Seller provides the Buyer with the opportunity to post a review of the Product on the Website.
  2. The feature allowing users to post reviews of a Product becomes available after the conclusion of the Product Agreement, which serves as a safeguard against reviews being posted by Buyers who have not purchased the Product. Furthermore, it is prohibited for a Buyer who has purchased the Product but has not used it in a manner that would allow them to form a reliable review to post a review.
  3. Buyers should write reviews that are reliable, honest, and substantive, as grammatically correct as possible, and free of profanity and other words commonly considered offensive.
  4. A review posted by a Buyer is a type of User Content. Therefore, the Seller may moderate reviews in accordance with the rules set forth in § 18 of the Terms of Service, and any person viewing the content of the Website may report a review that violates the Terms of Service in accordance with the rules set forth in § 19 of the Terms of Service.
  5. The Seller may independently publish reviews of Products on the Website that were collected by means other than those specified above for reviews posted by the Buyer.
  6. The Seller represents and warrants to the Buyer that the reviews it publishes regarding the Products referred to in paragraph 5 come exclusively from Buyers who have used the Products in a manner that allows for the formation of a reliable opinion. For the purpose of collecting such reviews, the Seller contacts each Buyer who has purchased a Product individually, asking them to share their review for publication on the Website.
  7. The opinions referred to in paragraphs 5 and 6 are not a form of User Content, but any person browsing the Website’s content who believes that a specific review violates the Terms of Service may report it for review in accordance with the procedures set forth in § 19 of the Terms of Service.

§ 23. Personal Information and Cookies

  1. The Seller is the controller of the Buyer’s personal data.
  2. This website uses cookies.
  3. Details regarding personal data and cookies are described in the privacy policy available at https://www.nakoncujezyka.online/polityka-prywatnosci/.

§ 24. Intellectual Property Rights

  1. The Seller hereby informs the Buyer that all content available on the Website and Digital Content may constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, to which the Seller or other authorized entities hold copyright, as well as databases protected under the provisions on database protection.
  2. The Seller hereby informs the Buyer that the use of copyrighted content or databases by the Buyer without the consent of the Seller or another authorized entity, except for use within the scope of fair use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
  3. The Seller may enter into a separate license agreement with the Buyer regarding the Buyer’s use of content or databases owned by the Seller (e.g., through the use of product photographs, product descriptions, etc.). To enter into such an agreement, the Buyer should contact the Seller with a proposal to enter into a license agreement, informing the Seller, in particular, of the purposes for which the Buyer intends to use the content or databases owned by the Seller, as well as the anticipated duration of such use. Upon receiving such a proposal, the Seller will submit an offer in accordance with its own licensing policy.

§ 25. Out-of-Court Methods for Handling Complaints and Pursuing Claims

  1. Consumers have the option of using out-of-court methods to resolve complaints and pursue claims. Among other things, consumers may:
    1. to file a petition with a permanent consumer arbitration court to resolve a dispute arising from the Agreement,
    2. to submit a request to the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings for the amicable resolution of the dispute between the Buyer and the Seller,
    3. seek assistance from the county (municipal) consumer ombudsman or a nonprofit organization whose statutory mission includes consumer protection.
  1. Consumers can find more detailed information about out-of-court methods for handling complaints and pursuing claims on the website http://polubowne.uokik.gov.pl.
  2. Consumers may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is designed to resolve disputes between consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract or a contract for the provision of services.

§ 26. Complaints and Notices

  1. Every Buyer has the right to file a complaint regarding matters related to the operation of the Website or the performance of the Agreement. To make it easier for the Consumer or PNPK to exercise their rights regarding the Seller’s liability for the conformity of Digital Content with the Agreement, the Seller has prepared a sample complaint form that the Consumer or PNPK may use. The template is available at https://www.nakoncujezyka.online/wp-content/uploads/2024/02/06.-Formularz-reklamacyjny.docx.
  2. Complaints should be submitted to the Seller at hello@nakoncujezyka.online.
  3. Buyers’ complaints will be addressed on an ongoing basis, but no later than 14 days from the date the Seller receives the complaint.
  4. A response to the complaint will be sent to the Buyer at the contact information provided by the Buyer when filing the complaint.
  5. If the Seller has not delivered the Digital Content in accordance with the Agreement, the Buyer may file a complaint requesting that the Seller deliver the Digital Content. If, despite this request, the Seller fails to deliver the Digital Content immediately or within an additional period agreed upon by the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without requesting that the Seller deliver the Digital Content if:
  1. it is clear from the Seller’s statement or the circumstances that the Seller will not deliver the Digital Content;
  2. The parties have agreed, or it is clear from the circumstances surrounding the conclusion of the Agreement, that a specific delivery date for the Digital Content was of material importance to the Buyer, and the Seller failed to deliver it by that date.

§ 27. Final Provisions

  1. The Seller reserves the right to introduce and withdraw offers and promotions, and to change prices on the Website, without prejudice to the rights acquired by the Buyer, including, in particular, the terms and conditions of Contracts concluded prior to such changes.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as:
    1. a change in the terms and conditions for the delivery of Products or the provision of Electronic Services;
    2. the need to amend the Rules and Regulations to reflect changes in the law;
    3. the need to amend the Rules to comply with a decision, judgment, or other ruling by a competent court or government agency;
    4. the need to comply with a legal obligation imposed on the Seller;
    5. editorial changes.
  3. If the Seller has the Buyer’s email address, the Buyer will receive an email notifying them of the change to the Terms and Conditions.
  4. For Agreements concerning Digital Content provided on a one-time basis, the Terms and Conditions in effect at the time the Agreement is concluded shall apply.
  5. In the case of Agreements concerning Digital Content that is delivered using the User Account’s functionality (e.g., an online course with one-year access), the Buyer will receive notification of any changes to the Terms and Conditions at the email address associated with the User Account. The Buyer may terminate the Agreement within 30 days of being notified of the change if the amendment to the Terms and Conditions significantly and adversely affects the Buyer’s access to or use of the Digital Content.
  6. In the case of Electronic Services, if the Buyer does not accept the changes to the Terms and Conditions, the Buyer may, at no cost, opt out of using the Electronic Services—for example, delete the User Account, unsubscribe from the Newsletter, or stop viewing the publicly available content on the Website.
  7. Amendments to the Terms and Conditions do not affect the rights acquired by the Buyer prior to the effective date of the amendment.
  8. Any disputes arising from Agreements concluded through the Website shall be resolved by a Polish common court with jurisdiction over the place where the Seller regularly conducts its business activities. This provision does not apply to Consumers or PNPK, for whom court jurisdiction is determined according to general rules.
  9. These Terms and Conditions are effective as of February 26, 2024.
  10. All archived versions of the Terms and Conditions are available for download in .pdf format—the links are located below the Terms and Conditions.