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Terms and Conditions of Digital Content Sales

Good morning! At the beginning, our full registration data as a seller: Marcin Ziemek conducting business activity under the name Deimos Software Marcin Ziemek, at Bolkowska 1/32, 01-466, Warsaw, NIP: 7582163518, REGON: 367557126 in accordance with the document generated from the Central Registration and Information on Economic Activity in Poland.

Below you will find the regulations, which contain information, on how to make an order, details on the implementation of the concluded contract, rules for making digital content available and providing services and types of payments available on the website, the procedure for withdrawing from the contract or complaint procedure. In case of any comments, questions, doubts, we are at your disposal at the e-mail address marcin.ziemek@deimossoftware.com or phone number +48 694 279 082. Our customer service department works from Monday to Friday from 09:00 to 17:00.

Greetings and happy shopping! The team of the 4selfpublishing.com website.

1. Definitions

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

  1. Update– an update that the Seller has undertaken to provide and that is necessary to maintain the conformity of the Digital Content with the Agreement;
  2. Price– the value, expressed in monetary units, that the Buyer is required to pay to the Seller for the Digital Content;
  3. E-payment – payment of the Price for Digital Content by means of digital representation of value, in particular by means of electronic vouchers, e-coupons, virtual currencies, etc.;
  4. Buyer – a natural person, a legal person or an organizational unit equipped with legal capacity, in particular a Consumer or PNPK;
  5. Consumer – a natural person concluding an Agreement with the Seller not directly related to its business or professional activity;
  6. Entrepreneur with consumer rights (PNPK) – a natural person concluding an Agreement with the Seller directly related to its business activity, when the content of the Agreement shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity in Poland;
  7. Presale – the process of the Seller collecting orders for Digital Content that will be available for sale from a specified date and concluding Agreements before the planned date of introduction of Digital Content for sale;
  8. Regulations – regulations of the 4selfpublishing.com website, available at https://4selfpublishing.com/en/terms/;
  9. Website – website available at the address 4selfpublishing.com with their extensions;
  10. Seller – Marcin Ziemek conducting business activity under the name Deimos Software Marcin Ziemek, at Bolkowska 1/32, 01-466, Warsaw, NIP: 7582163518, REGON: 367557126 in accordance with the document generated from the Central Registration and Information on Economic Activity system in Poland;
  11. Digital Content – data produced and delivered in digital form;
  12. User Content – content that has been provided or produced by the Consumer or PNPK while using Digital Content;
  13. Agreement – an agreement concluded between the Seller and the Buyer, the subject of which is the sale of Digital Content or the provision of Electronic Services to the Buyer;
  14. Digital Services – services allowing the Buyer to: - production, processing, storage or access to data in digital form; - sharing of digital data uploaded or created by the Buyer or other users of the Digital Service; - other forms of interaction with digital data;
  15. Electronic Services — all electronic services provided by the Seller to the Buyer via the Website.

2. Introductory provisions

  1. The law applicable to the contract is Polish law.
  2. In the case of consumer sales, the more favorable and mandatory consumer regulations of the consumer's country will be respected.
  3. The Seller sells Digital Content through the Website. The Buyer may purchase Digital Content indicated on the Website pages or specified as part of the Presale.
  4. The Regulations define the terms and conditions of using the Website, as well as the rights and obligations of the Seller and Buyers.
  5. To use the Website, including to make an order, it is not necessary to meet special technical conditions by the Buyer's computer hardware or software. The following are sufficient: a) Internet access, b) standard, up-to-date operating system, c) standard, up-to-date web browser with cookies enabled, d) having an active email address.
  6. To use Digital Content, depending on its type, you may additionally need standard, publicly available software that allows you to view or play certain types of files such as DOC, PDF, MP4, MP3, MOV, AVI, etc. If the use of Digital Content requires meeting additional technical requirements, such information is presented on the Website in a manner visible to the Buyer and allowing to decide regarding the purchase of digital content.
  7. The conclusion of the Digital Content Delivery Agreement may not take place anonymously or under a pseudonym. The Buyer should indicate true and complete personal data to be able to conclude such an Agreement.
  8. It is forbidden to provide illegal content when using the Website, by sending such content via forms available on the Website.
  9. Depending on the type of selected Digital Content or Electronic Services, a specific type of Agreement is concluded between the Seller and the Buyer: a) in the case of Digital Content, a contract for the supply of digital content is concluded; b) in the case of Electronic Services, a contract for the provision of electronic services is concluded.
  10. For the avoidance of doubt, the Seller indicates that: a) Agreements that relate to Digital Content are contracts for the supply of digital content, to which the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights apply; b) the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights do not apply to Agreements that do not relate to Digital Content.

3. Electronic Services for the Website

  1. The Seller provides the Buyer with specific Electronic Services related to the use of the Website.
  2. The basic Electronic Service provided to the Buyer by the Seller is to enable the Buyer to place an order on the Website, which leads to the conclusion of a contract with the Seller for the delivery of Digital Content. Placing an order is possible without the need to have an account on the Website.
  3. If the Buyer decides to set up an account on the Website, the Seller also provides the Buyer with an Electronic Service consisting in setting up and maintaining an account on the Website. The account stores the Buyer's data and the history of orders placed by him on the Website. The Buyer logs in to the Account using his e-mail address and a password defined by him. The Buyer is obliged to secure access to his user account against unauthorized access and is also obliged not to share the login and password with any third parties.
  4. If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with an Electronic Service consisting in sending the Buyer e-mails that contain information about new products, promotions, products, or services of the Seller. Subscription to the newsletter is done by completing and sending the subscription form to the newsletter or by marking the appropriate checkbox when placing the order. The buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the newsletter. The Buyer may also send an e-mail to the Seller with a request to unsubscribe from the newsletter database.
  5. Electronic Services are provided to the Buyer free of charge. However, Contracts for the delivery of Digital Content that are concluded via the Website are payable.
  6. To ensure the security of the Buyer and the transfer of data in connection with the use of the Website, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  7. The Seller undertakes actions to ensure fully correct functioning of the Website. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Website.
  8. Since the Website is an IT system managed by the Seller, the Seller may carry out technical and IT work that will be aimed at the development of the Website and the provision of Electronic Services at the highest possible level.
  9. As part of the development of the Website, the Seller may in particular: a) add new features and change or remove existing functions within the Website; b) introduce the Website to other types of devices, e.g., mobile devices; c) make available an application related to the Website.

4. Placing an order

  1. The buyer can place an order as a registered customer or as a guest.
  2. A registered customer is a Buyer who has an account on the Website.
  3. If the Buyer has an account on the Website, he should log in to it before placing an order. Logging in is also possible when placing an order.
  4. Any descriptions of Digital Content available on the Website do not constitute an offer within the meaning of the applicable civil law, but an invitation to conclude an Agreement.
  5. Placing an order is done by adding Digital Content to the basket that interests the Buyer, and then filling out the order form. In the form it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the payment method for the order is selected. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read beforehand. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.
  6. In the order form, the Buyer must provide real personal data. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when these data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer makes contact.
  7. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their veracity and correctness, although he has such a right in accordance with paragraph 6.
  8. The ordering process ends with clicking on the button finalizing the order. Clicking on the button finalizing the order constitutes the submission by the Buyer of an offer to purchase selected Digital Content from the Seller, under the conditions specified in the order form.
  9. After receiving the order, the Seller, at the latest within 7 (say: seven) days from the date of receipt of the order, may: a) accept the offer submitted by the Buyer by accepting the order for execution – in this case, the Agreement for the delivery of Digital Content is concluded upon delivery to the Buyer of a message confirming the acceptance of the order for execution, b) may not accept the Buyer's offer and cancel the order – in this case, the Digital Content Delivery Agreement is not concluded, and all payments are refunded to the Buyer if the Buyer made them at the time of placing the order.

5. Presale

  1. The Seller, with respect to certain types of Digital Content, may or may not arrange for a Presale.
  2. The Digital Content covered by the Presale is clearly marked within the Website as Digital Content available in the Presale. On the page of such Digital Content, the Seller shall post information from which date the Digital Content is most likely to be available and from what date the Digital Content is most likely to be transmitted to Buyers.
  3. For the purposes of concluding Presale Agreements, the provisions of ## 4 shall apply accordingly.
  4. The Seller reserves the right to change the deadline referred to in paragraph 2, especially as a result of delay in the delivery of Digital Content by third parties (e.g., producers). The Seller will inform the Buyers about any changes in the dates related to the Presale, by posting information on the Website and sending an e-mail to the address provided by the Buyer.
  5. If the sale of Digital Content is not possible under the conditions provided for in the Presale (e.g., suppliers do not deliver the right amount or types of materials, there will be an increase in the price of materials, etc.), the Seller will inform the Buyer of these circumstances.
  6. If the Buyer who is a Consumer or PNPK does not agree to extend the deadline for delivery of Digital Content or change the terms of sale of Digital Content, he may cancel the purchase of Digital Content, and the Seller shall refund to such Buyer all payments made as part of the Presale.

6. Price & Payment

  1. Available methods of payment for the order are described on the Website and presented to the Buyer at the stage of placing the order.
  2. If the Buyer has chosen online payment when placing the order, after clicking on the button finalizing the order, he will be redirected to a payment gateway operated by an external payment operator to pay for the order. If the Buyer has chosen payment by bank transfer, after clicking on the button finalizing the order, he will be redirected to the Website with order confirmation and payment instructions. Payment for the order should be made within 7 days of placing the order. After this period, the Seller may assume that the Buyer has resigned from the purchase of Digital Content and cancel the order placed.
  3. Electronic payments, including card payments, are supported by: • imoje service provided by ING Bank Śląski SA., Sokolska 34, 40-086 Katowice, entered into the Register of Entrepreneurs in the District Court Katowice - East VIII Commercial Division of the National Court Register under KRS number 0000005459, share capital in the amount of PLN 130,100,000.00 paid in full, NIP: 634-013-54-75, REGON: 271514909, • PayU S.A., Grunwaldzka 186, 60-166 Poznań, NIP: 7792308495
  4. The Seller may provide Buyers with the option of making E-payment, e.g., using a discount code, voucher, or other e-coupon. In this case, the Buyer will be able to pay the Price, in whole or in part, via E-payment, in accordance with the instructions available on the order form page. Providing the possibility of making E-payment is not the obligation of the Seller.
  5. If the Buyer asks for an invoice, it is delivered to the Buyer electronically to the e-mail address provided in the order form.
  6. All prices on the Website are given in U.S. Dollar. Prices shown to the Customer include value added tax (VAT) at the applicable rate. If a Customer is not obliged to pay VAT (for example his residence is outside of the EU), he shall contact the Seller before placing the Order to apply the correct VAT amount or to check the Seller’s eligibility to sell to the Customer’s country.
  7. The Seller is entitled to grant the Buyers discounts, reductions or other preferences related to the Price of its own choice, as part of the organized promotional campaign. Details of promotional campaigns are specified in separate regulations of promotional campaigns. The Buyer is not entitled to demand discounts, reductions or other preferences that do not result from the promotional campaign.
  8. In each case of informing about the reduction of the Price of Digital Content, the Seller, in addition to information about the reduced Price, also includes information about the lowest Price of this Digital Content, which was in force within 30 days before the introduction of the reduction. If the Digital Content is offered for sale in less than 30 days, in addition to information about the reduced Price, the Seller shall also include information about the lowest Price of this Digital Content, which was in force in the period from the date of commencement of offering this Digital Content for sale until the date of introduction of the reduction.

7. Fulfillment of a Digital Content Order

  1. The execution of the order regarding Digital Content consists in handing over the ordered Digital Content to the Buyer.
  2. The Seller makes the Digital Content available to the Buyer not earlier than after positive payment authorization or payment is credited to its bank account. Digital Content may be handed over to the Buyer immediately after the conclusion of the Agreement and payment for the order or on the dates specified by the Seller, depending on the type of Digital Content purchased by the Buyer.
  3. The Buyer, depending on the Seller's choice and the technical capabilities of the Website, may gain access to Digital Content by: a) a link sent to the Buyer to the e-mail address indicated by the Buyer or b) the account with the user to which the purchased Digital Content will be assigned, or c) a dedicated website of the Service, where the purchased Digital Content is located.
  4. Information on whether the Digital Content can be downloaded by the Buyer to its own medium can be found in the description of the Digital Content or instructions given to the Buyer.
  5. If a given Digital Content can be downloaded by the User, the Seller may impose a limit on the download of that Digital Content (e.g., a given Digital Content will only be able to be downloaded 10 times). If a download limit is introduced, the Seller clearly indicates to the Buyer how many times the Buyer may download a given Digital Content under the concluded Agreement.
  6. The Seller may introduce time restrictions on access to a given Digital Content (e.g., access to a given Digital Content will only be possible for 3 months). In the event of time limitations, the Seller clearly indicates to the Buyer for how long the Buyer will have access to a given Digital Content under the concluded Agreement. If access to Digital Content is defined by the Seller as lifetime access, and the Buyer obtains this access through a user account, if it is necessary to delete the user's account (e.g. due to technological changes, termination of activity by the Seller), the Buyer is provided with the possibility of downloading the Digital Content on its own medium within the period specified by the Seller, not shorter than 14 days, counted from sending to the Buyer's e-mail address assigned to the user account information about the planned liquidation of the user account and the possibility of downloading the Digital Content on its own medium.
  7. Digital Content shall be deemed to have been supplied at the time when the Digital Content or a means that allows access to or download of Digital Content is made available to the Buyer or to a physical or virtual device that the Buyer has chosen independently for this purpose, or when the Buyer or such device has gained access to the Digital Content.
  8. The Seller delivers the Digital Content in the version in effect on the date of delivery of the Digital Content and does not provide the Update after the date of delivery of the Digital Content, unless it is clearly indicated in the description of the Digital Content that the Digital Content also includes Digital Content Updates at a later date.
  9. Subject to fair use laws, the Buyer may use the Digital Content only for its own purposes. Under no circumstances shall the buyer have the right to make available or sell the Digital Content, or any derivative works thereof, under its own designation, in combining the Digital Content or parts thereof into its own products or services that it makes available or sells and other similar commercial activities using the Digital Content.
  10. If the Buyer wishes to use the Digital Content in its business or profession, it is obliged to ask the Seller to license the Digital Content by sending a message to the Seller's e-mail address. To conclude such an agreement, the Buyer should address the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the Digital Content and about the assumed time of use. Upon receipt of such a proposal, the Seller will present an offer in accordance with its own license policy.
  11. If the Buyer gains access to the purchased Digital Content through a user account, it is forbidden: a) sharing a user account with other persons or sharing access data to a user account with other persons, b) attempting to gain unauthorized access to Digital Content that has not been assigned to your account as a result of its purchase, c) taking actions that have a negative impact on the functioning of the ICT system within which the user account operates, through various types of hacking techniques, malware, etc. d) attempting to download Digital Content on its own medium, while the Seller does not provide such a possibility, e) using the user's account to conduct marketing activities, f) using the functions available as part of the User Account in a way that violates the personal rights of others or violates good manners.
  12. The Seller is entitled to make changes to the scope of Digital Content during the term of the Agreement, except for Digital Content that is delivered in a one-off manner. Changes to Digital Content that have been purchased by the Consumer or PNPK may be made subject to the following requirements: a. changes in Digital Content may be made only for justified reasons, in particular such as removing defects, adapting the Digital Content to the needs of Buyers, adapting the Digital Content to legal changes or decisions of courts and authorities; b. changes in the Digital Content may not involve costs for the Consumer or PNPK; c. The Seller shall inform the Consumer or PNPK in a clear and understandable manner about the change; d. if a change in the Digital Content significantly and negatively affects the Buyer's access to or use of the Digital Content, the Seller is obliged to inform the Consumer or PNPK well in advance, not shorter than 7 days, on a durable medium, about the properties and date of the change, as well as the rights related to these changes; e. if the change in the Digital Content significantly and negatively 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 of making the change in the Digital Content or informing about changes in the Digital Content, if the notification was later than this change. The Buyer is not entitled to this right if the Seller provides the Consumer or PNPK, at no additional cost, with the right to keep the Digital Content in accordance with the Agreement unchanged.
  13. If the Buyer violates the rules regarding the use of Digital Content, the Seller may block the Buyer's access to the Digital Content. The buyer will receive a message justifying the reasons for the block. The buyer may appeal the block within 14 days of receiving the message. The seller considers appeals within 14 days. Blocking access to Digital Content does not constitute a breach of the Agreement by the Seller and cannot be the basis for the Buyer's claims for breach of the Agreement.
  14. Digital Content may or may not be accompanied by additional benefits, e.g., access to a support group related to the purchased Digital Content, an online meeting with the Seller or others, participation in additional webinars, etc. All such services are incidental to the main obligation of the Seller, which is to provide Digital Content in accordance with the Agreement and are carried out in accordance with the information available on the Website contained in the description of the purchased Digital Content. The seller may provide additional rules for the use of additional benefits aimed at ensuring comfort and a sense of security among all persons who have access to certain benefits, e.g., rules for participation in a support group. Failure to comply with such rules may result in depriving the Buyer of the possibility of using additional services, which, however, does not affect the Seller's performance of its main obligation in the form of delivery of Digital Content, does not constitute a breach of the Agreement by the Seller and cannot be the basis for the Buyer's claims for breach of the Agreement.

8. Withdrawal from the Consumer Agreement or PNPK without giving a reason

  1. The Consumer or PNPK has the right to withdraw from the Agreement, which was concluded via the Website, without giving a reason within 14 days from the date of conclusion of the Agreement.
  2. The right to withdraw from the Agreement is not entitled in relation to the Agreement for the delivery of Digital Content not delivered on a tangible medium, for which the Consumer or PNPK is obliged to pay the Price, if the Seller began the service with the express and prior consent of the Buyer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement, and took note of it, and the Seller provided the Buyer with the confirmation referred to in Article 21 paragraph 2 of the Act on consumer rights.
  3. To withdraw from the Agreement, the Consumer or PNPK must inform the Seller of his decision to withdraw from the Agreement by means of an unequivocal statement – for example, by a letter sent by post or e-mail.
  4. The consumer or PNPK may use the model withdrawal form available at https://marcinziemek.com/shop/files/form_withdrawal.pdf , but it is not mandatory.
  5. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer or PNPK to send information regarding the exercise of the Consumer's or PNPK's right to withdraw from the Agreement before the deadline to withdraw from the Agreement.
  6. In the event of withdrawal from the Agreement, the Seller returns to the Consumer or PNPK all payments received from the Consumer or PNPK, immediately, and in any case no later than 14 days from the date on which the Seller was informed about the decision to exercise the right to withdraw from the Agreement.
  7. The refund is made using the same payment methods that were used in the original transaction unless the Consumer or PNPK has expressly agreed to a different solution. In any case, the Consumer or PNPK does not incur any fees in connection with this refund.

Liability for the conformity of Digital Content with the Agreement

  1. The warranty for defects in Digital Content, referred to in the provisions of the Civil Code, is excluded in the case of Contracts that are concluded by Buyers other than the Consumer or PNPK.
  2. Agreements concluded by the Consumer or PNPK shall be governed by the provisions on liability for compliance of Digital Content with the Agreement, which are included in the Act on Consumer Rights, considering the provisions of the Regulations.
  3. The Seller is liable to the Consumer and PNPK for the compliance of the Digital Content with the Agreement. The conformity of Digital Content with the Agreement is assessed in accordance with the provisions of the Consumer Rights Act.
  4. For Digital Content: a) delivered once or in parts – the Seller is responsible for any lack of conformity of the Digital Content with the Agreement that existed at the time of delivery and became apparent within two years of that time; b) supplied on a continuous basis – The Seller is responsible for any lack of conformity of the Digital Content with the Agreement that occurred or became apparent at the time it was to be delivered under the Agreement.
  5. Where the Seller delivers Digital Content continuously, the Digital Content shall be compliant for the time of delivery in accordance with the Agreement.

10. Bringing the Digital Content into conformity with the Agreement

  1. If the Digital Content is not in conformity with the Agreement, the Consumer or PNPK may request that the Digital Content be brought into conformity with the Agreement.
  2. If bringing the Digital Content into conformity with the Agreement is impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Digital Content into conformity with the Agreement.
  3. The Seller brings the Digital Content into conformity with the Agreement within a reasonable time, not longer than 21 days, from the moment the Seller was informed by the Consumer or PNPK about the lack of conformity of the Digital Content with the Contract, and without undue inconvenience to the Consumer or PNPK, taking into account its nature and the purpose for which it is used.
  4. The costs of bringing the Digital Content into conformity with the Agreement shall be borne by the Seller.

11. Price reduction or withdrawal from the Agreement in the event of non-compliance of the Digital Content with the Agreement

  1. If the Digital Content is not in conformity with the Agreement, the Consumer or PNPK may submit a statement on price reduction or withdrawal from the Agreement when: a) The Seller refused to bring the Digital Content into conformity with the Agreement in accordance with ## 10 paragraph 2; b) the Seller has failed to bring the Digital Content into conformity with the Agreement; c) the lack of conformity of the Digital Content with the Agreement persists even though the Seller has attempted to bring the Digital Content into conformity with the Agreement; d) the lack of conformity of the Digital Content with the Agreement is so significant that it justifies a reduction of the Price or withdrawal from the Agreement without prior use of the measures referred to in ## 10 section 1; e) it is clear from the Seller's statement or circumstances that the Seller will not bring the Digital Content into conformity within a reasonable time or without undue inconvenience to the Consumer or PNPK.
  2. The Reduced Price must be in proportion to the Contract Price in which the value of the Digital Content not in conformity with the Agreement remains in relation to the value of the Digital Content in conformity with the Agreement. If the Digital Content is delivered in parts or continuously, the price reduction must consider the period during which the Digital Content was not in conformity with the contract.
  3. The Seller is obliged to return the Price due to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's statement on the price reduction.
  4. The Consumer or PNPK may not withdraw from the Agreement if the Digital Content is supplied in exchange for payment of the Price and the lack of conformity of the Digital Content with the Agreement is irrelevant. The lack of conformity of the Digital Content with the Agreement is presumed to be material.

12. Settlement with the Consumer or PNPK in the event of withdrawal from the Agreement

  1. In a situation where the Buyer who is a Consumer or PNPK withdraws from the Agreement: a) as part of the rights resulting from the consumer warranty for non-compliance of Digital Content with the Agreement; b) in the event of failure to deliver the Digital Content by the Seller, despite the request from the Buyer, the provisions of this paragraph shall apply to settlements between the Parties.
  2. If the Seller has delivered the Digital Content on a tangible medium, the Seller may request the return of this medium no later than within 14 days from the date of receipt of the statement of withdrawal, and the Consumer or PNPK is obliged to return the medium immediately, no later than within 21 days, at the Seller's expense.
  3. The Seller is obliged to return the Price only in the part corresponding to Digital Content inconsistent with the Agreement or Digital Content, in respect of which the obligation to deliver it has ceased because of withdrawal from the Agreement. At the same time, the Seller is not entitled to demand payment for the time during which the Digital Content was not in conformity with the Agreement, even if the Consumer or PNPK used it before withdrawing from the Agreement.
  4. The Seller is obliged to return the Price due to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's statement of withdrawal from the Agreement.
  5. The Seller shall refund the due Price using the same method of payment as used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund, which does not involve any costs for him.

13. Return of User Content

  1. After withdrawal from the Agreement, the Seller may not use User Content, apart from User Content that: a) is only useful in connection with Digital Content; b) relate only to the activity of the Consumer or PNPK when using Digital Content; c) have been combined by the Seller with other data and cannot be disconnected without undue difficulty; d) have been produced jointly with other Consumers or PNPK, who can still use them.
  2. At the request of the Consumer or PNPK, the Seller shall make available to such Buyer, at its own expense, within a reasonable time and in a commonly used machine-readable format, the User Content that has been created or supplied while using the Digital Content. This obligation does not apply to the return of User Content referred to in paragraph 1 points a) - c).

14. Personal data and cookies

  1. The administrator of the Buyer's personal data is the Seller.
  2. The website uses cookie technology.
  3. Details related to personal data and cookies are described in the privacy policy available at https://4selfpublishing.com/en/privacy/.

15. Intellectual property rights

  1. The Seller instructs the Buyer that all content available on the Website, Digital Content, and elements of Digital Content (e.g., graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which the Seller or other authorized entities are entitled to copyrights, as well as databases protected under the provisions on the protection of databases.
  2. The Seller instructs the Buyer that the exploitation of copyrighted content or the use of databases by the Buyer without the consent of the Seller or other authorized entity, except for use under fair use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
  3. The Seller may conclude a separate license agreement with the Buyer related to the Buyer's use of content or databases belonging to the Seller (e.g., using product photographs, use of descriptions of Digital Content, etc.). To conclude such an agreement, the Buyer should address the Seller with a proposal to conclude a license agreement, informing the Seller about the purposes for which it intends to use the content or databases belonging to the Seller, and about the assumed time of use. Upon receipt of such a proposal, the Seller will present an offer in accordance with its own license policy.

16. Reviews

  1. The Seller may provide Buyers with the possibility of posting opinions about the Website, the Seller, or the Goods – as part of the Website or external services belonging to third parties. In this case, the provisions of this paragraph shall apply to the posting of opinions.
  2. Posting an opinion is possible after using the Website, after the conclusion of the Agreement, however, posting an opinion is possible at any time.
  3. The buyer should formulate opinions in a reliable, honest, and substantive manner, as linguistically correct as possible and without the use of profanity and other words commonly considered offensive.
  4. It is forbidden to post opinions: a) without prior use of the Website; b) about Digital Content that you have not used or purchased, c) fulfilling the characteristics of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on combating unfair competition; d) infringing the personal rights of the Seller or a third party; e) by paid users, to artificially increase the rating of Digital Content.
  5. The Seller may at any time verify whether the opinions posted are in accordance with the Regulations, and whether they come from Buyers who used the Digital Content or purchased Digital Content. In addition, in case of any doubts of the Buyer regarding the posted opinions, the Buyer may submit the opinion to the Seller for verification. After receiving the notification from the Buyer, the Seller will act, appropriate to the capabilities possessed, which will be aimed at verifying the opinion posted.
  6. In the event of posting an opinion that does not meet the requirements provided for in the Regulations, the Seller may refuse to publish the opinion or remove it.

17. Out-of-court complaint and redress procedures

  1. The consumer could use out-of-court complaint and redress methods. Among other things, the consumer has the possibility of: a) apply to a permanent consumer arbitration court with a request to settle a dispute arising from the concluded Agreement, b) request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller, c) use the help of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  2. More detailed information on out-of-court complaint and redress methods can be found on the website http://polubowne.uokik.gov.pl.
  3. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

18. Complaints and calls

  1. Each Buyer has the right to lodge a complaint in matters related to the functioning of the Website or the performance of the Agreement. To facilitate the exercise of the rights related to the Seller's liability for compliance of the Digital Content with the Agreement, the Seller has prepared model complaint form that the Consumer or PNPK may use. The template is available at https://marcinziemek.com/shop/files/form_complaint.pdf.
  2. Complaints should be reported to the Seller at the following address: marcin.ziemek@deimossoftware.com
  3. Complaints of the Buyers will be considered on an ongoing basis, but not later than within 14 days from the date of receipt by the Seller of the complaint.
  4. A response to the complaint will be sent to the Buyer at the contact provided by the Buyer when submitting the complaint.
  5. If the Seller has not delivered the Digital Content in accordance with the Agreement, the Buyer may file a complaint in which it will call on the Seller to deliver the Digital Content. If, despite this request, the Seller does not deliver the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without calling on the Seller to deliver the Digital Content when: a) it is clear from the Seller's statement or circumstances that the Seller will not deliver the Digital Content; b) The parties have agreed or the circumstances of the conclusion of the Agreement clearly show that the specified date of delivery of the Digital Content was significant for the Buyer, and the Seller did not deliver them within this period.

19. Final provisions

  1. The law applicable to the contract is Polish law.
  2. In the case of consumer sales, the more favorable and mandatory consumer regulations of the consumer's country will be respected.
  3. The Seller reserves the right to introduce and cancel offers, promotions and to change Prices on the Website without prejudice to the rights acquired by the Buyer, including the terms of the Agreements concluded before the change.
  4. The Seller reserves the right to make changes to the Regulations for important reasons such as changes in the law, technological changes, business changes.
  5. Contracts for Digital Content delivered on a one-off basis shall be governed by the Terms and Conditions in force at the time of conclusion of the Agreement.
  6. In the case of Contracts for Digital Content that are delivered through the user's account (e.g., on-line course with one-year access), the Buyer will receive information about the change in the Regulations to the e-mail address assigned to the user account. The Buyer may terminate the Agreement within 30 days of informing him about the change if the amendment to the Regulations significantly and negatively affects the Buyer's access to or use of Digital Content.
  7. In the case of Agreements regarding Electronic Services, the Buyer will receive information about the amendment of the Regulations to the e-mail address related to the given Electronic Service. If the Buyer does not accept the amendment to the Regulations, he may terminate the Agreement with immediate effect, e.g., by deleting the account on the Website or resigning from receiving the newsletter.
  8. Any disputes related to Agreements concluded via the Website shall be considered by the Polish common court competent for the place of permanent business activity by the Seller.
  9. In matters not covered by the regulations, the provisions of the Civil Code and relevant acts of Polish law, as well as European Union law, in particular the GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with with the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
  10. These Regulations are effective from 07-08-2024.
  11. All archival versions of the Regulations are available for download in .pdf format – links can be found below the Regulations.