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Shop Regulations

The products offered in the Store are sold by Yapps Filip Rękas conducting business under the name Yapps Filip Rękas, NIP 5130294988, REGON 528893845, registered in the Central Registration and Information on Business conducted by the minister responsible for the economy, contact address: contact@bakingbuddyweb.com, hereinafter referred to as the Seller.

You can contact the Seller by writing to the email address: contact@bakingbuddyweb.com, or by phone: +48 533 171 177.

In accordance with the requirements, we have designated a contact point for direct communication with the authorities of the Member States, the Commission, the Digital Services Council, as well as with Users using the Service. Quick and direct communication is possible via email at the above-mentioned email address.

Copyright Notice: The Terms and Conditions were created in cooperation with the legal advisor Kinga Konopelko http://www.kingakonopelko.pl. Copying and distributing this document without the author's consent is prohibited and may be subject to both criminal and civil liability.

§1 BASIC CONCEPTS

Explanation of basic concepts:

1. Price – the value expressed in monetary units that the Client is obliged to pay, and in the case of digital content/service, it also includes the digital representation of the value;

2. Business Day – a weekday from Monday to Friday, excluding public holidays;

3. Proof of Payment – an invoice or receipt issued in accordance with the Act on Goods and Services Tax or based on other applicable legal regulations sent to the Client;

4. Client – an entity that plans to make a purchase or is making a purchase of a product(s), i.e., a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude an Agreement with the Seller, also referred to as the User;

5. Consumer – a natural person making a purchase for purposes not directly related to their business/professional activity;

6. Offer – a proposal to enter into an agreement containing essential elements of the Product (e.g., product description, individual proposal from the Seller);

7. Entrepreneur – a natural person, legal person, and organizational unit that is not a legal person, to which a separate law grants legal capacity, conducting business activity in its own name, using the Store;

8. Entrepreneur with consumer rights – a natural person who enters into an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional nature for them, particularly due to the nature of the business activity they conduct, as made available under the provisions of the Central Registration and Information on Economic Activity;

9. Product – Goods or Services offered by the Seller in the Store, intended for sale; the Product is paid unless otherwise indicated;

10. Electronic Product – digital content that the Client receives as part of a purchase, which takes the form of an electronic file. The file format depends on the content of the material (e.g., e-book, other materials in pdf format, audio/video);

11. Digital Service – a service that allows the Client to: a) create, process, store, or access data in digital form, b) share data in digital form that has been transmitted or created by the consumer or other users of this service, c) engage in other forms of interaction through such data;

12. Terms and Conditions – these Terms and Conditions of sale, specifying the rules for using the Store, placing orders, and the rules for fulfilling orders by the Seller;

13. Store/Website/Service – the website where the Seller's activities are conducted, including, among other things, the sale of products by the Seller or where the content of the Seller and Users is made available;

14. Goods – an item that is the subject of an agreement concluded between the Seller and the Client;

15. Goods with digital elements – goods that contain digital content or a digital service or are connected with them in such a way that the absence of the digital content or service would prevent them from functioning properly;

16. User Content – information shared, created, and/or provided by the User as part of using the Service, including:

17. Durable Medium – a material or tool for storing information that allows access to this information in the future (for the time necessary to achieve the purposes that this information serves) and enables the reproduction of the stored information in an unchanged form;

18. Agreement – mutual arrangements between the Seller and the Client defining mutual rights and obligations;

19. Service – a service provided by the Seller to the Client.

§2 RULES OF COOPERATION AND CONTRACT CONCLUSION

1. The conditions for fulfilling the contract and the rules of cooperation are defined by the Terms and Conditions and the Offer.

2. The Terms and Conditions and the Offer do not exclude or limit the rights of the Client who is a Consumer or an Entrepreneur with consumer rights as provided by mandatory legal provisions.

3. In the event of any discrepancies between the content of the Terms and Conditions and the Offer, the Offer shall prevail.

4. The contract is concluded at the moment when the Client accepts the Terms and Conditions and makes the payment, subject to the provision below.

5. In situations where the payment due date falls after the conclusion of the Contract, the Contract is concluded at the moment when the Client accepts the Terms and Conditions.

6. The term "making the payment" should be understood as the payment being recorded by the Seller or the payment intermediary.

§3 PRICE

1. The price is a gross price and includes all taxes required by law, except in cases where the Seller has explicitly stated that the price is a net price and VAT must be added.

2. The price does not include information regarding delivery costs or other costs that the Client will be obliged to bear, and these costs will be communicated before the order is placed.

3. The reduced price is the price applicable as a result of a reduction in the Product's price.

4. The lowest price is the lowest price for the Product that was in effect during the 30-day period before the reduction was applied, and in the case of a product offered for sale for less than 30 days, the lowest price is the lowest price that was in effect from the day the Product was first offered until the day the reduction was applied.

§4 ORDER PLACEMENT RULES

1. The Client can use the Store 24 hours a day, 7 days a week.

2. The Seller uses the PayPal Service to offer online payment options.

3. Payments can be made through PayPal smart buttons, BLIK, Przelewy24, as well as by debit or credit card.

4. The Client is obliged to make the payment immediately after placing the order, unless otherwise stated in the Offer or chosen payment method.

5. To purchase Products through the Store, the following steps must be taken:

6. The Seller has the right to cancel the order if the Client does not make the payment within 3 business days from the order date or if the Client fills out the order form in a way that prevents proper order fulfillment, despite being asked to complete/correct the information under the penalty of order cancellation.

§5 ORDER FULFILLMENT RULES

Electronic Products

1. In the case of purchasing a Product that includes an Electronic Product, access to the Product will be granted to the Client immediately after successful payment, no later than within 48 hours, unless otherwise stated in the Offer.

2. The Electronic Product will be made available within the User's Account.

3. Unless otherwise stated in the Offer, access to the Product is not time-limited.

4. If the Client cannot access the provided file or materials, they should contact the Seller.

5. The Seller informs the Client about updates, including security updates necessary to maintain the Product's compliance with the contract.

Subscription-Based Services

6. In the case of Subscription-Based Services, including providing access to products for a specified period, unless otherwise stated in the Offer:

§6 TECHNICAL REQUIREMENTS

1. The Client can use the Store in accordance with the Terms and Conditions and applicable laws.

2. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of unauthorized persons obtaining and modifying Client data, and therefore Clients should use appropriate technical measures to minimize these risks.

3. To use the Store or place an order, the Client must have:

4. To use the Products, the Client must have:

5. If additional technical requirements are necessary to use the Store or Products, the Client will be informed before using the Store or before placing an order for the Product.

§7 COPYRIGHT AND LICENSES

1. All materials provided by the Seller, including Electronic Products and Services, texts, photos, graphics, multimedia, and trademarks, are works within the meaning of the Copyright and Related Rights Act and are subject to legal protection.

2. The copyright to the aforementioned materials is owned by the Seller or another entity from which the Seller has obtained an appropriate license. The materials may also be used by the Seller based on another legal basis.

3. All materials provided by the Seller may only be used by the Client for personal use, unless otherwise stated in the Offer. Unauthorized dissemination, sharing, copying, or downloading of materials beyond the scope of permitted use is prohibited.

4. The Seller grants the Client a non-exclusive license, without the right to sublicense and without territorial limitations. Time limitations arise from the Offer or these Terms and Conditions. The license fee is included in the price.

5. The license granted to the Client does not include the right to:

6. In case of violation of the prohibition mentioned in this paragraph, including infringement of copyright, the Seller has the right to seek compensation and damages from the Client. The Client may be subject to civil or criminal liability in this regard.

7. The Seller has the right to periodically update the Products, especially Electronic Products.

§8 NON-CONFORMITY OF GOODS WITH THE CONTRACT AND WARRANTY

1. This chapter defines the principles of liability for the conformity of the performance with the Contract obligating the transfer of ownership of the Goods to the Consumer and Entrepreneur with consumer rights for contracts concluded from January 1, 2023.

2. For contracts obligating the transfer of ownership of goods, including in particular sales contracts, delivery contracts, and work contracts involving goods, the provisions of Section XI of Book Three, Title II of the Act of April 23, 1964 – Civil Code do not apply, but rather the Consumer Rights Act. Detailed information regarding the aforementioned principles is found in the Consumer Rights Act, and this Regulation is not intended to limit or change them.

§9 ADDITIONAL CUSTOMER RIGHTS CONCERNING DIGITAL CONTENT/SERVICES

1. This chapter defines the rights of the Consumer and Entrepreneur with consumer rights in the case of contracts for the provision of digital content/services concluded from January 1, 2023. Detailed information regarding the Customer’s rights is defined by the Consumer Rights Act, and this Regulation is not intended to limit or change them.

2. If the digital content or service is non-compliant with the contract, the Customer may request that it be brought into conformity with the contract or submit a statement of price reduction or withdrawal from the contract.

3. The Seller may refuse to bring the digital content or service into conformity with the contract if it is impossible or would entail excessive costs for the Seller.

4. If the digital content or service is non-compliant with the contract, the Customer may submit a statement of price reduction or withdrawal from the contract if:

5. The Customer cannot withdraw from the contract if the digital content or service is provided in exchange for payment and the non-compliance with the contract is insignificant.

6. If the Customer has not received the digital content or service, the Customer shall inform the Seller. If they are not delivered promptly or within an additional expressly agreed-upon period, the Customer may withdraw from the contract.

7. The Customer may withdraw from the contract without requesting the delivery of digital content or service if:

8. The Customer may submit a complaint regarding non-conformity of the Goods with the contract, referred to in §8 and §9, by sending it to the Seller's address indicated in the Regulations (correspondence address or e-mail address). The complaint should include information enabling the identification of the Customer, the subject of the complaint, and the demands related to the complaint. If an incomplete complaint is received, which prevents its consideration, the Seller will request the Customer to complete it under the penalty of leaving the complaint unrecognized. The Customer may submit a complaint using the template attached as Annex 3 to these Regulations. This procedure applies accordingly to the rights arising from §8 of the Regulations.

9. The Seller considers complaints within 14 days from the date of their receipt, unless otherwise provided by specific regulations. The response will be sent to the Customer's e-mail address or in another manner indicated by the Customer.

10. The provisions of this chapter do not apply if the contract provides for the delivery of digital content via a material carrier.

§10 IMAGE

1. The Customer is aware that the Participant's image shared by them as part of cooperation with the Seller may be processed by the Seller, including being recorded and disseminated for educational, archival, and purposes related to the performance of the Contract.

2. By enabling the camera during online broadcasts (webinars/online meetings) or by otherwise sharing their image with the Seller, the Customer consents to the recording, use, and dissemination by the Seller of the Participant's image in the form of recordings/photos from the online broadcast/cooperation for the purposes specified in section 1.

3. Processing the image of the Customer/Participant for marketing and promotional purposes requires separate consent.

4. The image referred to above may be used in various forms of electronic processing, cropping, and composition, and may also be combined with the images of other persons participating in the online broadcast; the video and audio recordings involving the Customer may be edited, modified, and added to other materials created as part of the Seller's activities. The consent includes all forms of publication.

5. The Customer may not record, use, or disseminate the image of other participants/persons conducting the broadcast without the prior consent of the said persons.

§11 PRODUCT REVIEWS

1. Reviews of Products published by the Seller are verified by the Seller.

2. Verification includes, among other things, comparing personal data or details of the cooperation with the data and information held by the Seller concerning Customers who have previously used the Seller's Products, as well as direct contact with the person mentioned to thank them for their review or by sending a dedicated link to Customers to leave a review or by obtaining a review through direct communication with the Customer.

3. If there are doubts as to whether the review comes from a person who has used the Seller's Products, the review is not published by the Seller.

4. Published reviews aim to present the benefits associated with using the Seller's Products, which have been noticed by previous Customers.

5. The Seller does not use sponsored or barter reviews.

§12 WITHDRAWAL FROM THE CONTRACT

1. This chapter defines the principles of withdrawal from the contract by the Consumer and the Entrepreneur with consumer rights.

2. A Customer who is a Consumer or an Entrepreneur acting with consumer rights has the right to withdraw from the contract within 14 days, subject to the provisions below. To exercise the right to withdraw from the contract, the Customer should inform the Seller through an unequivocal statement, for example, by sending an email or letter to the address indicated in the Terms and Conditions. More information about the right of withdrawal can be found in Annexes 1 and 2 to the Terms and Conditions.

3. The right to withdraw from the contract does not apply in the case of contracts for:

4. The Customer referred to in section 1 is liable for the reduction in the value of the Product due to use that exceeds what is necessary to establish the nature, characteristics, and functionality of the Product.

5. In the case of withdrawal from a contract for the provision of digital content or digital services, the Customer must refrain from using this digital content or digital service and from making it available to third parties.

§13 USER ACCOUNT

1. The Seller creates a User Account for the Customer, i.e., an individual panel set up for the Customer by the Seller for the purpose of using the Seller’s Products after the Customer has registered and entered into a free agreement to create and maintain the User Account, hereinafter referred to as the Account. The agreement to create and maintain the User Account is concluded for an indefinite period.

2. The Customer may not share the User Account with third parties.

3. Creating a User Account is necessary to gain access to the User Account, place an order, and access the Product if the Product is made available through the User Account.

4. The Seller sends information about the User Account to the Customer's provided email address. The Customer sets an individual password for the Account. The Customer is also required to set an individual password if the password is generated automatically by the system for the purpose of registering the User Account. After registering the Account, the Customer should immediately set a new password.

5. The Customer can request the deletion of the User Account from the Seller via email or other communication methods accepted by the Seller, with a 14-day notice period without providing a reason.

6. Deleting the User Account may result in the loss of access to Products made available through the User Account.

7. The Seller may terminate the agreement for creating and maintaining the User Account:

§14 DETAILED PROVISIONS REGARDING ENTREPRENEURS

1. The provisions stated in this paragraph apply to Entrepreneurs who are not Entrepreneurs with consumer rights.

2. The court competent to resolve any disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur with consumer rights is the court competent based on the Seller’s registered office.

3. The parties exclude the Seller’s liability for warranty for non-conformity of the Goods with the Contract/defects of the goods in relation to an Entrepreneur who is not an Entrepreneur with consumer rights.

4. The Seller has the right to terminate the agreement with an Entrepreneur who is not an Entrepreneur with consumer rights with immediate effect. For this purpose, the Seller sends a notice of termination to the Entrepreneur’s email address or postal address. The Entrepreneur waives any claims in this regard.

5. The Seller is not liable for lost profits in relation to an Entrepreneur who is not an Entrepreneur with consumer rights.

§15 USER CONTENT

Prohibited User Content

1. Users are prohibited from posting content that constitutes illegal content under the Digital Services Act (DSA) or is otherwise inconsistent with the Terms of Service.

2. The term “illegal content” refers to illegal content, products, services, and activities.

3. Users may not post content that:

4. The Seller is not responsible for User Content posted on the Service, provided that the Seller:

5. The Seller is obligated to notify appropriate authorities/law enforcement if a User may have committed, is committing, or may commit a crime threatening the life or safety of individuals and to provide all available information on the matter.

Moderation of User Content

6. The Seller may verify User Content at any time.

7. The Seller conducts verification with due diligence, in an objective and proportional manner, and with due regard to the rights and legally justified interests of all parties involved, including respecting the fundamental rights of service recipients, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

8. Verification may occur preemptively or subsequently, i.e., after the content is published – depending on the type of User Content and the functionalities provided.

9. If User Content is found to be inconsistent with the Terms of Service, the content may be blocked and become invisible to other Users or be removed from the Service or otherwise its visibility may be restricted. The Seller may also limit the monetization of such content.

10. If a User uses the Service in violation of the Terms of Service, in addition to actions related to removing/blocking content or otherwise limiting its visibility and/or monetization, the Seller may delete the User’s Account or temporarily or permanently disable the User’s access to specific functionalities of the Service.

11. The Seller is obligated to act with due diligence, in an objective, proportional manner, and with due regard to the rights and legally justified interests of all parties involved, including respecting freedom of expression and information and other fundamental rights and freedoms. The Seller informs of its decision indicating its justification.

12. In the case of actions mentioned above, the User affected by these actions may appeal according to the procedures described in this paragraph [see Appeal Procedure].

Reporting User Content

13. Any person or entity may report to the Seller the presence of User Content on the Service that they believe to be illegal under the Digital Services Act (DSA).

14. Reports can be made via email to the contact address provided at the beginning of the Terms of Service.

15. A report, as mentioned in the above provision, should include:

16. The report should allow for the identification of the reporter; however, this is not mandatory unless the identity is necessary to determine whether the content constitutes potential illegal content.

17. Immediately upon receiving the report mentioned in section 1, the Seller sends the User a confirmation of receipt of the report — electronically, to the provided email address (if the report includes contact information allowing for sending confirmation).

18. If the report is incomplete or contains other errors preventing its consideration, the Seller may request the reporter to supplement or correct the report, particularly if this concerns confirmation of rights potentially being violated. Failure to supplement or correct the report within 14 days from the Seller’s request may result in the report being left unconsidered.

19. Verification of User Content by the Seller in connection with the report is carried out promptly, no later than 14 days from the receipt of the report allowing for its consideration, unless due to the nature of the illegal content reported and the urgency of actions, verification should occur earlier (e.g., if the content involves a threat to life or safety).

20. The Seller conducts verification with due diligence.

21. Reporting and verification of content aim to remove information considered illegal or prevent access to it, with the caveat that it must not lead to excessive infringement on the freedom of expression and information of other Users.

22. During verification, the Seller is authorized to block User Content in such a way that it becomes invisible to other Users or to take other actions described in this chapter.

23. After verification, the Seller may permanently suspend or remove User Content as violating the Terms of Service or otherwise restrict its visibility or monetization or determine that the User Content does not violate the Terms of Service. If the User Content was previously blocked, and after verification, it turns out that the User Content does not violate the Terms of Service,

24. In the case of actions mentioned above, the Seller immediately informs both the reporter and the User who posted the User Content, providing justification for its decision.

25. In the case of actions mentioned above or their non-action, the User who posted the User Content or the reporter may appeal according to the procedures described in this paragraph [see Appeal Procedure].

26. If, due to technical or operational reasons, the Seller cannot remove specific information, the Seller informs the reporter.

27. The appeal will be considered by the Seller. Appeals will not be handled automatically.

Appeal Procedure

28. If:

29. Each decision by the Seller mentioned above must include a justification that allows for filing an appeal, except in cases where there are legal grounds to refuse to justify the decision. The justification must meet the requirements set out in the Digital Services Act (DSA), Directive 2010/13/EU, and other applicable regulations and be clearly and comprehensively explained.

30. An appeal may be submitted in a manner specified in the Terms of Service and should include:

31. Appeals are considered within 14 days from their receipt, unless due to the nature of the appeal, its complexity or the need to examine additional evidence, the consideration should occur earlier.

32. The Seller informs the appellant in writing (electronically) of the outcome of the appeal, along with justification, or informs of the reasons for failure to act.

33. If the appeal is found to be justified, the Seller is obligated to take corrective action.

34. In the case of actions mentioned above, the User who provided the User Content or the person who reported the User Content may file a complaint.

§16 FINAL PROVISIONS

1. During a force majeure event, the parties to the contract will be exempt from all liability for non-performance or improper performance of the contract, provided that the force majeure circumstances constitute an obstacle to performing the contract. This also applies to the period immediately preceding or following the occurrence of the force majeure event, if the impact of the force majeure during the indicated period constitutes an obstacle to contract performance.

2. "Force majeure" is understood to mean an accidental or natural event completely beyond the control of the parties, which could not be foreseen and could not be prevented, including such events as floods, break-ins, wars, acts of terrorism, or the declaration of a state of emergency.

3. If the Client is from outside the Seller’s country, they should inform the Seller, providing their place of residence/business so that tax settlement can be carried out in accordance with applicable regulations.

4. When using the Products, it is prohibited to provide unlawful information or act in a manner contrary to the law, good manners, or infringing upon the personal rights of third parties.

5. Dispute resolution and handling of complaints. The consumer has the option to contact:

6. The Seller reserves the right to make changes to the Regulations for important reasons, particularly due to changes in legal regulations that require the Seller to also amend the content of these Regulations, including changes to the Civil Code, the Consumer Rights Act, the Act on Providing Electronic Services, as well as based on decisions of UOKIK, PUODO, or court rulings corresponding to issued decisions/rulings, and in the case of significant changes in business factors, provided there is a causal link between the aforementioned change and the change in the costs of service provision by the Seller.

7. For contracts concluded before the new Regulations come into effect, the version of the Regulations applicable at the time of concluding the Agreement by the Client applies.

8. The applicable law is Polish law, subject to section 10.

9. The competent court is the Polish court, subject to section 10.

10. In the case of a Client being a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the laws of their usual place of residence, which cannot be excluded by contract. If the provisions applicable in the consumer’s country are more favorable to them and cannot be excluded by contract, these provisions shall apply to the contract concluded between the Client and the Seller.

11. The rules regarding the processing of personal data are regulated in the Privacy Policy.

12. The Regulations are effective from 08.08.2024.

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