Website and Store Terms and Conditions

Website Terms and Conditions

These Terms and Conditions set out the rules required by law for the provision of services by electronic means. In particular, they govern the use of the website available at www.ttow.pl, including the placing of orders for products offered for sale through the Website.

§ 1. Definitions

Website — the website available at www.ttow.pl.
Terms — these Terms and Conditions, including their annexes, which govern the operation of the Website and describe the rights and obligations of Users and the Service Provider.
Seller — TTOW sp. z o.o., with its registered office in Warsaw at ul. Góralska 3/73, 01-112 Warsaw, Poland, NIP 5272746271, REGON 362667241. The Seller is also a party to Product Contracts and Service Contracts.
User — a natural person with full legal capacity, or, where generally applicable law so provides, a natural person with limited legal capacity, a legal person or an organisational unit without legal personality that uses the Website, including by purchasing Products through the Website or using its functions.
Consumer — a natural person with full legal capacity, or, where the law so provides, a natural person with limited legal capacity, who uses the Website, including to purchase Products, for purposes not directly related to that person’s business or professional activity. A natural person who enters into a Product Contract directly related to their business activity is also treated as a Consumer if the contract is not of a professional nature for that person, as determined in particular by the subject of their registered business activity.
Product Contract — a distance contract between the Service Provider and a User for a Product, concluded through the Website.
Service Contract — a contract between the Service Provider and a User for access to functions made available through the Website.
Order — an offer by a User to enter into a Product Contract, submitted through the Website.
Product — goods or services offered by the Service Provider, including courses, workshops, training, meditations, consultations and ebooks, purchased by a User through the Website.
Product Information — information displayed with each Product describing its main features and characteristics so that a User can learn about it.
Functions — the services described in § 11(1), provided electronically through the ICT system and enabling the Service Provider to offer technical solutions remotely, without both parties being present, by transmitting data in response to an individual User request using electronic data-processing and storage devices over a telecommunications network within the meaning of the Polish Telecommunications Law of 16 July 2004 (Journal of Laws 2004 No. 171, item 1800, as amended).
Cart — a feature that stores Products selected by the User in order to assemble an Order.
Order Form — the technical system on the Website that forms part of the ordering process and collects the User data required to enter into a Product Contract.
Contact Form — the technical system on the Website that enables a User to contact the Service Provider about use of the Website, obtain information about a Product or Order, or submit a complaint by completing the available fields and selecting options.
Registration — the process of creating an Account on the Website.
Account — an individual user panel available after Registration and login, secured by a username and password, which enables, in particular, faster ordering, storage of settings and information (for example, a delivery address) and access to Order history.
Annexes — information about the right to withdraw from a Product Contract and a model withdrawal form.

§ 2. General provisions

These Terms are drawn up in Polish and constitute the standard terms for Product Contracts and Service Contracts concluded remotely, without both parties being present at the same time. They are governed by generally applicable Polish law.
The Website principally enables Users to learn about the Service Provider’s offer and purchase Products available through the Website.
The Service Provider operates in and outside the territory of the Republic of Poland.
Except as stated in the third sentence of the relevant Polish provision, all Products offered on the Website are free of physical and legal defects. This statement constitutes the Service Provider’s obligation to deliver Products free of defects.
Product information on the Website is not an offer within the meaning of the Polish Civil Code of 23 April 1964; it is an invitation for Users to submit offers to enter into Product Contracts.
Prices shown on the Website are in Polish zloty (PLN) and include VAT.
Users may contact the Service Provider via the Contact Form; by post at TTOW sp. z o.o., Stare Faszczyce 5D, 05-870 Błonie, Poland; by email at kontakt@ttow.pl; or through the Service Provider’s Facebook and Instagram profiles linked from the Website.
Communication with the Service Provider may incur charges under the User’s agreements with third parties providing the relevant means of distance communication (for example, data transfer). The Service Provider does not charge any additional fee for communication through the channels listed in paragraph 7.
Matters not covered by these Terms are governed by the laws applicable in Poland, including the Civil Code of 23 April 1964, the Consumer Rights Act of 30 May 2014, the Act on the Provision of Electronic Services of 18 July 2002 and the GDPR.
All rights to the Website, including economic copyrights and other intellectual property rights in its name, domain, website, templates, forms and logos, belong to the Service Provider or authorised third parties. Users may use them only as permitted by these Terms or with separate written consent from the Service Provider.
Nothing in these Terms is intended to exclude or restrict any mandatory rights of a User who is also a Consumer. If these Terms conflict with such laws, the laws prevail.

§ 3. Orders

An Order is an offer within the meaning of the Polish Civil Code of 23 April 1964, made by the User to the Service Provider.
Registration is not required to place an Order. A User may order without registering, except that certain Products may be available after purchase only through the Course Platform and therefore require an Account. Details are provided in the relevant Product Information. A User may also register while placing an Order.
Unless paragraph 9 applies, to place an Order the User must:
1. select the Product and add it to the Cart;
2. complete the Order Form with information necessary to place and fulfil the Order, such as name, company (if applicable), country, residential address, telephone number, email address, VAT invoice details and any Order comments;
3. make the required declarations, including acceptance of these Terms. The User may also make optional declarations, for example to receive the newsletter or create an Account;
4. select “I order and pay”. The Order is then placed and the User receives the information needed to pay for the Product; and
5. pay for the Products in accordance with the information received.
Certain Products may be available only after prior contact with the Service Provider, for example where availability is limited. This is stated in the Product Information. To purchase such a Product, the User submits the relevant application form available on the Product page. The Service Provider then either confirms by email that the Product is available and sends an individual purchase link, or informs the User that the Product is currently unavailable and gives the reason, for example that a course or training session has reached its capacity.
After placing an Order, the User receives an email confirmation with an Order summary. This email does not mean that the Service Provider has accepted the Order for fulfilment.
After payment is credited to the Service Provider’s bank account, the Service Provider emails confirmation that the Order has been accepted for fulfilment, together with information required to fulfil it and a description of the process, such as links to Products or social-media groups. Users with an Account can also view current Order information in “My Account”.
The Product Contract is concluded when payment for the Order is credited to the Service Provider’s bank account.
Orders may be placed 24 hours a day, 7 days a week. Order fulfilment time is calculated from the time funds are credited to the Service Provider’s account, regardless of the payment method.
Adding a Product to the Cart does not constitute placing an Order.
An active email account is required to enter into a Product Contract.

§ 4. Registration

Registration is voluntary and free of charge. An Account is not required to place an Order, except for Products that are available after purchase only through the Course Platform, as stated in the relevant Product Information.
The User may register independently of an Order or while placing an Order. Registration requires an email address, first and last name and a personal login password.
Registration requires the User to accept these Terms and consent to processing of personal data to create and maintain the Account. The User may also make additional declarations, such as subscribing to the newsletter.
After Registration, the User gains access to the Account.
If information provided during Registration changes, the User should update it promptly so that it remains accurate.

§ 5. Payment methods

Payment methods available for Products are shown in the Cart during checkout. Payment may be made by bank transfer to the Service Provider’s account; online bank transfers; mobile payments including BLIK, Google Pay and Apple Pay; or payment cards including Visa, Visa Electron, Mastercard, MasterCard Electronic and Maestro. In individual cases, another method may be agreed with the Service Provider in advance. Products are paid for in advance unless the User and Service Provider agree otherwise.
For advance payment, the User must pay the amount shown in the Order summary promptly after placing the Order. If payment is not credited within 3 business days, the Service Provider gives the User an additional payment period and informs the User on a durable medium, such as email. The notice also states that the Order will not be fulfilled if payment is not made by the additional deadline. If that deadline also expires without payment, the Service Provider sends a cancellation notice on a durable medium and refunds amounts received for the Order promptly and no later than 14 days after issuing the cancellation notice.
The User bears the cost of fulfilment according to the prices in force when the Order is placed.
Product prices may change. This does not affect Orders already placed in accordance with § 3(3)(d) of these Terms.
Current prices appear with each Product and in the Cart during checkout. Before checkout is completed, the User sees the total amount due for the Order, including the combined Product prices and any discounts.

§ 6. Order fulfilment

The User fulfils an Order by collecting the Product from the sales point in Stare Faszczyce 5D, 05-870 Błonie, Poland (the “Shop”), on business days between 8:00 and 16:00, after arranging a collection date and time.
The User may collect the Product personally or authorise another person to collect it from the Shop and deliver it to the address specified in the Order.
The person collecting the Product must provide the Customer’s name and Order number. The Seller will not release a Product to a person who is underage or intoxicated and may verify the collector’s age.
The courier will not deliver ordered alcoholic beverages to a person who is underage or intoxicated. If this occurs, the Seller will submit a notice of withdrawal from the contract within 3 days after becoming aware of the circumstances and refund the User’s payment less the cost of collection by the agent. The courier may verify the recipient’s age.
A Product collected from the Shop is delivered by the agent (courier company) to the address in the Order Form within 7 business days. This period runs from the time the full amount due for the Order is credited to the Seller’s account.

§ 7. Complaints and statutory liability for defects

For Product Contracts with Consumers, the Seller is liable for physical and legal defects under Article 556 et seq. of the Polish Civil Code of 23 April 1964 (statutory warranty liability).
For contracts with Users who are not Consumers, the Seller’s statutory warranty liability is excluded under Article 558 § 1 of the Polish Civil Code.
Complaints may be submitted through the contact channels listed in § 2(7). To make a complaint easier to process, it should describe how the Product does not conform to the Product Contract.
The Seller will respond to a complaint within 30 days. If the Seller does not respond within that period, the Consumer’s statement or request is deemed justified. The Seller sends its response in the form specified in the complaint; if none is specified, it uses the form in which the complaint was received, on paper or another durable medium.

§ 8. Warranty

Products are not covered by a Seller’s warranty unless the Product Information states otherwise.
If a Product is covered by a warranty, its terms are set out in a warranty document issued by the authorised entity. The document is supplied with the Product or provided to the User in another form, such as email, when the Product Contract is concluded.

§ 9. Withdrawal from a contract and product returns

A Consumer entering into a Product Contract in the European Union may withdraw without giving a reason, subject to the rules and time limit set out in the withdrawal information in Annex 1.
If the Consumer withdraws from a Product Contract, it is treated as not having been concluded.
If the Consumer gives notice of withdrawal before the Seller accepts the Consumer’s offer, the offer ceases to be binding.
Under Article 38 of the Polish Consumer Rights Act of 30 May 2014, a Consumer has no right to withdraw from a Product Contract for:
1. a service that the Seller has fully performed with the Consumer’s express consent, after the Consumer was informed before performance began that the right to withdraw would be lost once the service was fully performed;
2. a non-prefabricated item made to the Consumer’s specifications or intended to meet the Consumer’s individual needs;
3. accommodation other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, sport or cultural events, where the contract specifies the date or period of service; or
4. the supply of digital content not supplied on a tangible medium, if performance began with the Consumer’s express consent before the withdrawal period expired and after the Consumer was informed that the right to withdraw would be lost.

§ 10. Personal data

Users’ personal data is processed in accordance with the Privacy Policy available on the Website.
The Privacy Policy also contains provisions on the use of cookies.

§ 11. Website functions

The Seller makes the following functions available through the Website: access to Website content, an Account, a Cart, an Order Form, a Contact Form and a newsletter.
Access to these functions is free, except for the obligation to pay the price of a Product under a Product Contract. The Seller will provide the functions with due care. They are available 7 days a week, 24 hours a day.
Using the functions does not require prior Registration or an Account. Some functions, such as saving Cart contents, access to the Course Platform or Order history, may be available only to Users with an Account.
Access to Website content begins when the User enters the Website and allows the User to browse it at a time of their choosing. The Service Contract for access to the Website lasts until the User leaves it.
The Account function consists of creating and maintaining an Account after Registration. It enables the User to save Products added to the Cart, access certain Products through the Course Platform, simplify future Orders by remembering information provided previously, change Registration data and view completed Order history. The Service Contract for an Account is concluded for an indefinite period when the User registers, under the rules in § 4(2).
The User may terminate the Account Service Contract at any time and without giving a reason by sending a notice through a contact channel listed in § 2(7). The Seller will delete the Account within 30 days of receiving the notice. After deletion, the User permanently loses access to data stored in the Account.
The Cart function allows Users to store Products marked as available, add and remove Products, manage the Order and recalculate its value. The Cart Service Contract is concluded when a Product is added to the Cart and ends, whichever occurs first, when the User removes all Products, places an Order for the Products, the Products in the Cart become unavailable, or, for Users without an Account, the Website is closed or 30 days have passed since the Products were added, depending on the User’s browser cookie settings.
The Order Form function provides the fields and options needed to place and fulfil an Order. The related Service Contract lasts until the Order is placed or the User stops the ordering process, whichever occurs first.
The Course Platform function is available only to Users with an Account and provides access to certain Products through the Website. The related Service Contract ends when the User stops using the Course Platform.
The Contact Form function provides fields and options needed to contact the Seller about use of the Website, obtain information about a Product or Order, or submit a complaint. The related Service Contract ends when the User sends a Contact Form enquiry or stops using the form.
Any User may subscribe to the newsletter by entering an email address in the relevant form or selecting the relevant option during checkout, making the required declarations accepting these Terms and consenting to data processing and receipt of commercial information by email, and confirming registration by clicking the activation link in the email. The Newsletter Service Contract is then concluded. The newsletter sends electronic information about the Seller, Products or Website, including commercial information.
The Newsletter Service Contract is for an indefinite period. The User may unsubscribe at any time through the link in any newsletter email.
The Seller may terminate an indefinite Service Contract, such as an Account or newsletter service, if the User breaches material provisions of these Terms, in particular by providing unlawful content. Termination is permitted after one ineffective request to stop the breach by a specified reasonable deadline. In that case, the Service Contract ends 7 days after the Seller’s termination notice is delivered.
The Seller and User may terminate a Service Contract by mutual agreement at any time.
Termination of an indefinite Service Contract by the Seller or User does not affect rights or benefits acquired while the contract was in force.
§ 9 applies accordingly to Service Contracts, particularly the restrictions on withdrawal in § 9(4). By starting to use a function, the User consents to the Service being performed before the withdrawal period expires. Under Article 38(1) and (13) of the Polish Consumer Rights Act of 30 May 2014, a Consumer has no right to withdraw from a Service Contract.
The Seller may block access to all or some functions, such as an Account, if the User acts to the detriment of the Seller or other Users, breaches the law or these Terms, or where blocking is justified for security reasons, in particular if the User circumvents Website security or carries out other hacking activities. Access remains blocked for as long as necessary to resolve the issue. The Seller will notify the User electronically at the address provided by the User.
The recommended technical requirements are a computer with Internet access and a browser: Internet Explorer 11.0 or later with JavaScript and cookies enabled, Mozilla Firefox with JavaScript and cookies enabled, or Google Chrome. An active email account is also required.
The User must use the functions lawfully and in accordance with good practices, respecting personal rights and third-party intellectual property rights. Users must not provide unlawful content or unlawfully disrupt the operation of the Website, for example by using software or devices or sending or posting content without the Seller’s knowledge and consent.
The Seller states that the public nature of the Internet and use of the functions may expose User data to unauthorised access or modification. Users should use appropriate technical measures to minimise these risks, in particular antivirus and identity-protection software. The Seller will never ask a User to disclose personal information, including logins or passwords, except where expressly provided for in these Terms.
Users may submit complaints to the Seller about use of the functions. § 7(3) and (4) apply accordingly.
In the event of a failure, defect or technical error, access to the Website or some functions may be interrupted until the Seller resolves the issue. The Seller will take prompt steps to restore normal operation.
If changes or updates to the Website are needed, the Seller may interrupt access to the Website or some functions. Where possible, such interruptions will take place at night or on weekends.

§ 12. Final provisions

These Terms are available free of charge on the Website in the “Terms” section in a form that allows Users to download, save, reproduce and print them at any time. At a User’s request, the Terms will also be sent by email to the address provided.
These Terms may be amended after Users are informed of the planned changes no later than 14 days before they take effect. Orders placed while the previous version is in force will be fulfilled under that version. A User may terminate an indefinite Service Contract under § 11 if they do not accept the changes.
Disputes between the Service Provider and a Consumer will be resolved by a court with jurisdiction under the Polish Code of Civil Procedure of 17 November 1964.
A Consumer may seek an amicable resolution of a dispute with the Service Provider by applying to a permanent consumer arbitration court; mediation; contacting the relevant regional Trade Inspection authority; or obtaining free assistance from the Federation of Consumers through its consumer helpline at 801 440 220 or 22 290 89 16.
Disputes between the Service Provider and a User who is not a Consumer will be resolved by a court with jurisdiction over the Service Provider’s registered office.
These Terms enter into force on 23 November 2022.

Annex 1. Information on withdrawal from a contract

Right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the date on which the contract is concluded.

To exercise your right to withdraw, you must inform TTOW sp. z o.o., with its registered office in Warsaw at ul. Góralska 3/73, 01-112 Warsaw, Poland, email: kontakt@ttow.pl, of your decision by an unequivocal statement, for example by letter sent by post or email. You may use the model withdrawal form in Annex 2 to the Website Terms, available here, but this is not compulsory.

To meet the withdrawal deadline, it is sufficient to send your notice before the withdrawal period expires.

Effects of withdrawal

If you withdraw from the contract, we will reimburse all payments received from you promptly and no later than 14 days after the day on which we are informed of your decision to exercise the right to withdraw.

We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

For service contracts, if you requested that the service begin before the withdrawal period expires, you must pay an amount proportionate to the services performed up to the time you informed us of your withdrawal.

Annex 2. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To:
TTOW sp. z o.o.
Stare Faszczyce 5D
05-870 Błonie, Poland
Email: kontakt@ttow.pl

I hereby give notice that I withdraw from my contract for the following services:

__________________________________________________________________________________

Date of contract: _________________________________________________________________

Customer’s name: _________________________________________________________________

Customer’s address and other contact details: __________________________________________

__________________________________________________________________________________

Bank account for reimbursement (optional): ____________________________________________

Customer’s signature (only if this form is submitted on paper): ___________________________

Date: ____________________________________________________________________________