Regulations for the provision of digital content

DIGITAL CONTENT PROVISION REGULATIONS

 

Contents

General provisions

Definitions

Technical requirements

Rules for using the Store

Newsletter delivery agreement

Agreement for the supply of digital goods

License

Complaints about Digital Content

Supplier's Intellectual Property

Processing of personal data

Extrajudicial dispute resolution

Change of Regulations

Final provisions

 

§1.

General provisions

    1. These regulations (hereinafter referred to as the " Regulations ") define the terms and conditions for the provision of Digital Content via the "Trzpiotka" online store operating at the Internet address trzpiotka.com (hereinafter referred to as the " Store ").
    2. The Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter referred to as the " Act on the provision of services by electronic means ").
    3. The Provider of the Digital Content is Paulina Bohdanowicz, a sole proprietorship business owner under the name TRZPIOTKA PAULINA BOHDANOWICZ (address of permanent place of business: ul. Górna 18, 05-805 Kanie) entered into the Central Register of Information
       on Business Activity conducted by the minister responsible for the economy, with the Tax Identification Number (NIP): 5342382533 , REGON: 368117406 (hereinafter referred to as the " Supplier ")
    4. Contact with the Supplier is possible via:
      1. e-mail – at: shop@trzpiotka.com;
      2. traditional mail – at the address: ul. Górna 18, 05-805 Kanie;
      3. by phone – at: +48 519 792 514.
    5. As part of its activities, the Supplier:
      1. provides Digital Goods to Recipients;
      2. provides Newsletter Subscribers.
    6. Information about the Digital Content available in the Store, in particular their descriptions, technical and operational parameters, constitute an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964, the Civil Code (hereinafter referred to as the " Civil Code ").
    7. Before using the Store, the Customer is obliged to read the Regulations and the Privacy Policy.
    In matters not regulated in the Regulations, the provisions of the Store regulations, available at: https://trzpiotka.com/pl/i/Regulamin-Sklepu/3 (hereinafter referred to as the " Store Regulations "), shall apply.

 

§ 2 .

Definitions

The words written in capital letters used in the Regulations have the following meaning:

  1. Supplier - the term defined in § 1 section 3 of the Regulations;
  2. Working day - a day that is not a Saturday, Sunday or other non-working day within the meaning of the provisions of the Act of 18 January 1951 on non-working days;
  3. Client – Recipient or Subscriber;
  4. Civil Code - the term defined in § 1, section 6 of the Regulations;
  5. Consumer - a natural person entering into a legal transaction with the Supplier that is not directly related to his or her business or professional activity;
  6. License – term defined in § 7 section 1 of the Regulations
  7. Newsletter – digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information regarding the current activities of the Supplier (including information about new products and promotions available in the Store);
  8. Incompatibility – this shall be understood as non-compliance of the Digital Content with the Agreement regarding its supply (the criteria for assessing the compliance of the Digital Content with the Agreement regarding its supply are specified in Art. 43k sec. 1-2 of the Consumer Rights Act);
  9. Recipient - a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer rights, who has concluded an Agreement with the Supplier for the supply of Digital Goods or has taken steps to conclude it;
  10. Privacy Policy - a document containing information on the processing of Customers' personal data by the Supplier;
  11. Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity on its own behalf;
  12. Entrepreneur with Consumer Rights - a natural person conducting business or professional activity on their own behalf, who has concluded an Agreement with the Supplier directly related to their business activity, but which is not of a professional nature for that person, resulting in particular from the subject of the business activity they perform;
  13. Statute - the term defined in § 1 section 1 of the Regulations;
  14. Store Regulations - the term defined in § 1, section 8 of the Regulations;
  15. Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement with the Provider for the provision of the Newsletter or has taken steps to conclude it;
  16. Digital Merchandise - digital content within the meaning of the provisions of the Consumer Rights Act, which may be delivered to the Recipient, in particular an electronic book (ebook).
  17. Digital content – Digital Goods or Newsletter;
  18. Agreement – Agreement for the supply of Digital Goods or Agreement for the supply of a Newsletter;
  19. Newsletter delivery agreement – an agreement for the supply of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Provider undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period, and the Subscriber undertakes to provide the Provider with personal data;
  20. Agreement for the supply of digital goods - an agreement for the supply of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Supplier undertakes to deliver Digital Goods to the Recipient and the Recipient undertakes to conclude an Agreement with the Supplier for the supply of the Newsletter or to pay the price;
  21. Consumer Rights Act - Act of 30 May 2014 on consumer rights;
  22. Act on the provision of services by electronic means - term defined in § 1 section 2 of the Regulations.



 

§ 3.

Technical requirements

  1. In order for Customers to use the Store properly, it is necessary to:
    1. connection to the Internet;
    2. having devices that enable the use of Internet resources;
    3. using a web browser that enables the display of hypertext documents on the device screen, linked on the Internet via a web service and supporting the JavaScript programming language, and also accepting cookies;
    4. having an active e-mail account.
  2. Customers are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular those automating script and application processes or other codes, files or tools) within the Store.
  3. The Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including through SSL encryption, the use of access passwords and anti-virus or anti-unwanted software programs.
  4. The Supplier advises that, despite the security measures referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk from malicious software entering the Customer's IT system and device, or from third parties gaining access to data stored on that device. To minimize this risk, the Supplier recommends using antivirus software or other online security measures.

 

§ 4 .

Rules for using the Store

  1. The Customer is obliged to use the Store in a manner consistent with generally applicable law, the provisions of the Regulations, and good manners.
  2. The provision of illegal content by the Customer is prohibited.

 

§ 5.

Newsletter delivery agreement

  1. In order to conclude the Newsletter Delivery Agreement, the Subscriber should provide the Provider with an e-mail address and submit a declaration of consent to receiving the Newsletter, reading the Regulations and Privacy Policy and accepting their provisions.
  2. The activities indicated in paragraph 1 above may be performed in any way, in particular by the Subscriber completing the electronic form provided in the Store.
  3. The Newsletter delivery agreement is concluded for an indefinite period.
  4. The Provider informs and the Subscriber acknowledges that:
    1. the delivered Newsletter is not subject to subsequent updating;
    2. the frequency and dates of delivery of Newsletters are not defined in advance and depend on the current situation of the Provider.
  5. The Newsletter is delivered via e-mail to the e-mail address provided by the Subscriber.
  6. The Subscriber may terminate the Newsletter Agreement with immediate effect at any time and without giving any reason. Furthermore, pursuant to Article 27 et seq. of the Consumer Rights Act, the Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Newsletter Agreement without giving any reason, within 14 (fourteen) days of its conclusion.
  7. Withdrawal from or termination of the Newsletter Agreement, regardless of the basis for such termination, requires the Subscriber to submit an appropriate declaration to the Provider. The declaration referred to in the preceding sentence may be submitted by:
    1. the Subscriber clicking on the link enabling unsubscription from the Newsletter, which is sent with each Newsletter;
    2. The Subscriber sending the Provider a declaration of withdrawal from the Newsletter Agreement or its termination by e-mail. The declaration referred to in this point 2 may also be submitted on the form constituting Annex 2 to the Consumer Rights Act.
  8. The Provider shall suspend the delivery of the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in paragraph 7 above.

 

§ 6 .

Agreement for the supply of digital goods

  1. The Recipient may receive Digital Goods available in the Store:
    1. free of charge – provided that the Newsletter Delivery Agreement is concluded;
    2. for a fee – in the absence of a Newsletter Delivery Agreement.
  2. If the Recipient wishes to receive the Digital Goods free of charge, the Recipient should perform the following actions:
    1. enter the Store's website;
    2. enter the tab of the selected Digital Product;
    3. enter your name and e-mail address in the form that appears;
    4. it is mandatory to check the checkbox next to the declaration of consent to receiving the Newsletter, reading the Regulations and Privacy Policy and accepting their provisions;
    5. confirm your consent to receive the Newsletter.
  3. Confirmation of consent to receive the Newsletter is equivalent to the Recipient entering into:
    1. Agreements for the supply of Digital Goods and
    2. Newsletter delivery agreements.
  4. The provisions of § 5 of the Regulations shall apply to the Agreement for the provision of the Newsletter concluded in accordance with the provisions of this § 6.
  5. Termination of the Agreement for the provision of the Newsletter or withdrawal from it after the delivery of the Digital Goods does not affect the validity and effectiveness of the Agreement for the provision of the Digital Goods concluded in accordance with the provisions of this § 6
  6. If the Recipient wishes to receive the Digital Goods for a fee, the Recipient should contact the Supplier by e-mail at the address indicated in § 1 section 4 point 1 of the Regulations in order to individually agree on the terms of the Agreement for the supply of Digital Goods.
  7. The Digital Goods are delivered to the Recipient immediately after the conclusion of the Agreement for the supply of Digital Goods.
  8. The Supplier delivers the Digital Goods to the Recipient via e-mail to the e-mail address provided by the Recipient or by providing a link to download the product.
  9. The Supplier informs and the Recipient acknowledges that the Digital Goods are not subject to updating.
  10. If the Digital Goods are not delivered within the time limit specified in paragraph 7 above, the Recipient shall request the Supplier to deliver them. The request referred to in the preceding sentence may be sent via email to the address indicated in § 1 paragraph 4 item 1 of the Regulations. If the Supplier fails to deliver the Digital Goods immediately upon receipt of the request or within an additional time limit expressly agreed upon with the Recipient, the Recipient may withdraw from the Agreement for the delivery of Digital Goods.
  11. Withdrawal from the Agreement for the supply of Digital Goods requires the Recipient to submit a declaration of withdrawal to the Supplier. The declaration referred to in the preceding sentence may be sent via email to the address indicated in § 1, section 4, point 1 of the Regulations.
  12. If the withdrawal concerns a paid Agreement for the supply of Digital Goods, the Supplier is obligated to refund the price of the Digital Goods paid by the Recipient immediately, but no later than 14 (fourteen) days from the date of receipt of the Recipient's declaration of withdrawal from the Agreement for the supply of Digital Goods. The refund will be made using the same payment method used by the Recipient, unless the Recipient has expressly agreed to a different refund method that does not incur any costs for them.
  13. The provisions of paragraphs 10-12 above apply only to Recipients who are Consumers or Entrepreneurs with Consumer rights.

 

§ 7 .

License

  1. Upon delivery of the Digital Goods to the Recipient, the Supplier grants the Recipient a non-exclusive license to use these Digital Goods under the terms and conditions specified in the Regulations (hereinafter referred to as the " License ").
  2. The license is granted for an indefinite period.
  3. The License entitles the Recipient to use the Digital Goods only in the following fields of use:
    1. saving in the memory of electronic devices belonging to the Recipient;
    2. playing and viewing the Digital Goods;
    3. reproduction of the Digital Goods, but only to the extent justified by the personal needs of the Recipient.
  4. The Recipient may use the knowledge and guidance contained in the Digital Goods in their personal and professional lives, as well as for the purposes of their business activities. However, the License does not authorize the Recipient to make the Digital Goods available to any other persons, except in cases where the Digital Goods are made available under the provisions of Section 3 of the Act of 4 February 1994 on Copyright and Related Rights regarding the permitted use of protected works. Sharing the Digital Goods with other persons, except in cases of permitted use of protected works, requires the prior consent of the Provider.
  5. The license does not entitle the Recipient to grant further licenses.
  6. The Recipient's use of the Digital Goods in violation of the terms of the License constitutes an infringement of the copyrights of the Supplier, entitling the Supplier (depending on the nature of the infringement) to bring claims against the Recipient in court proceedings.

 

§8.

Complaints about Digital Content

  1. The provisions of this § 8 apply exclusively to:
    1. Customers who are Consumers or Entrepreneurs with Consumer rights;
    2. Non-compliance of the Digital Goods with the Agreement for the supply of Digital Goods and Non-compliance of the Newsletter with the Agreement for the supply of the Newsletter.
  2. The Digital Content provided to the Customer by the Supplier must comply with the Agreement regarding its provision:
    1. at the time of its delivery – in the event that the Digital Content is delivered once or in parts;
    2. for the entire period of delivery of the given Digital Content – ​​if the Digital Content is delivered continuously.
  3. The Supplier is liable for Non-Conformity:
    1. existing at the time of delivery of the Digital Content and disclosed within 2 (two) years from that time - in the case where the Digital Content is delivered once or in parts;
    2. disclosed during the period of delivery of the Digital Content - in the event that the Digital Content is delivered continuously.
  4. If a Non-Conformity is discovered, the Customer may submit a complaint containing a request to bring the Digital Content into compliance with the Agreement regarding its supply.
  5. The complaint is submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  6. The complaint should include:
    1. Customer's name and surname;
    2. e-mail address;
    3. description of the Non-Conformity discovered;
    4. a request to bring the Digital Content into compliance with the Agreement relating to its supply.
  7. The Supplier may refuse to bring the Digital Content into compliance with the Agreement for its supply if this is impossible or would require the Supplier to incur excessive costs.
  8. After considering the complaint, the Supplier provides the Customer with a response to the complaint, in which:
    1. acknowledges the complaint and indicates the planned date for bringing the Digital Content into compliance with the Agreement regarding its delivery;
    2. refuses to bring the Digital Content into compliance with the Agreement regarding its supply for the reasons indicated in paragraph 7 above;
    3. rejects the complaint due to its unfounded nature.
  9. The Supplier will respond to the complaint via e-mail within 14 (fourteen) days of its receipt.
  10. If the complaint is accepted, the Supplier will, at its own expense, bring the Digital Content into compliance with the Delivery Agreement within a reasonable time from receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Digital Content and the purpose for which it is being used. The Supplier will indicate the planned date for bringing the Digital Content into compliance with the Delivery Agreement in its response to the complaint.
  11. In the event of a Non-Conformity being discovered, subject to paragraph 14 below, the Customer may submit to the Supplier a declaration of price reduction or withdrawal from the Contract when:
    1. it is impossible or requires excessive costs to bring the Digital Content into compliance with the Agreement for its supply;
    2. the Supplier has failed to bring the Digital Content into compliance with the Agreement relating to its supply in accordance with paragraph 10 above;
    3. The non-conformity persists even though the Provider has attempted to bring the Digital Content into compliance with the Agreement relating to its supply;
    4. The non-conformity is so significant that it justifies withdrawal from the Agreement for the supply of the given Digital Content without first requiring the Provider to bring the Digital Content into conformity with the Agreement for its supply;
    5. it is clear from the Supplier's statement or the circumstances that the Supplier will not bring the Digital Content into compliance with the Agreement for its supply within a reasonable time or without undue inconvenience to the Customer.
  12. A declaration of price reduction or withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  13. The declaration of price reduction or withdrawal from the Agreement should include:
    1. Customer's name and surname;
    2. e-mail address;
    3. the date of delivery of the Digital Content;
    4. description of the Non-Conformity discovered;
    5. indication of the reason for submitting the declaration, selected from the reasons indicated in paragraph 11 above;
    6. a declaration of price reduction, together with an indication of the reduced price, or a declaration of withdrawal from the Agreement.
  14. The Customer may not submit a declaration of price reduction to the Supplier in the event of Non-Conformity of the Newsletter or Digital Goods delivered free of charge.
  15. The Supplier is not entitled to demand payment for the period during which the Digital Content was inconsistent with the Agreement on its supply, even if the Customer used this Digital Content before withdrawing from the Agreement on its supply.
  16. The reduced price must be in proportion to the price resulting from the Agreement for the supply of Digital Content in which the value of the Digital Content that does not comply with the Agreement for its supply is in proportion to the value of the Digital Content that complies with the Agreement for its supply.
  17. The Supplier is obliged to refund the price of the Digital Content only in part corresponding to the part of the Digital Content that is inconsistent with the Agreement regarding its delivery and the part of the Digital Content the obligation to deliver of which has ceased as a result of withdrawal from the Agreement regarding its delivery.
  18. The Supplier will refund the Customer any amounts due as a result of exercising the right to a price reduction or the right to withdraw from the Agreement immediately, no later than 14 (fourteen) days from the date of receipt of the price reduction notice. The refund of the amounts referred to in the preceding sentence will be made using the same payment method used by the Customer, unless the Customer has expressly agreed to a different refund method that does not incur any costs for the Customer.
  19. The Customer may not withdraw from the Agreement for the supply of Digital Content if the Non-Conformity is immaterial.
  20. If the Subscriber withdraws from the Newsletter Agreement, the Provider shall suspend the delivery of the Newsletter immediately after receiving the declaration of withdrawal from the Newsletter Agreement.
  21. Pursuant to Article 34, Section 1a of the Consumer Rights Act, if the Customer withdraws from the Agreement for the supply of Digital Content, the Customer is obliged to cease using this Digital Content and making it available to third parties.

 

§ 9 .

Supplier's Intellectual Property

  1. All components of the Store, in particular:
    1. name of the Store;
    2. Store logo;
    3. photos and descriptions of Digital Goods;
    4. the principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases

- are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable provisions of law, including the provisions of European Union law.

2. Any use of the Seller's intellectual property without authorization arising from the Regulations or the prior, express consent of the Seller is prohibited.

 

§ 10 .

Processing of personal data

Information on the processing of personal data by the Provider can be found in the Privacy Policy available at: https://trzpiotka.com/pl/i/Polityka-Prywatnosci/11.

 

§ 11.

Extrajudicial dispute resolution

1. The provisions of this § 11 apply only to Customers who are Consumers.

2. The customer has the option of using out-of-court complaint and claim settlement methods.

3. Detailed information on the Customer's ability to use out-of-court complaint and redress procedures and the rules for accessing these procedures are available at the offices and on the websites of:

  1. district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
  2. Provincial Inspectorates of the Trade Inspection;
  3. Office of Competition and Consumer Protection.

4. The Supplier informs that, unless such an obligation results from mandatory provisions of law, it does not use extrajudicial means of settling complaints and pursuing claims.

 

§ 12.

Change of Regulations

  1. The Supplier may make changes to the Regulations in the event of:
    1. changes to the Supplier's data;
    2. changes to the Supplier's scope of business;
    3. the commencement of the provision of new services by the Provider, modification of services already provided or cessation of their provision;
    4. making technical modifications to the Store that require adapting the provisions of the Regulations to them;
    5. legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
  2. Customers will be notified of any changes to the Terms and Conditions by publishing the amended version on the Store's website. At the same time, the amended version of the Terms and Conditions will be sent to Subscribers by email.
  3. For Agreements for the supply of Digital Goods concluded before the date of publication of the new Regulations on the Store's website, the provisions of the Regulations in force at that time shall apply.
  4. A Subscriber who does not consent to the amendments to the Terms and Conditions may terminate the Newsletter Agreement with immediate effect within 7 (seven) days of receiving the amended version of the Terms and Conditions via email. Failure to terminate will be deemed consent to the amendments to the Terms and Conditions.
  5. Termination of the Newsletter Agreement takes place by the Subscriber submitting a notice of termination of the Newsletter Agreement to the Provider. The notice referred to in the preceding sentence may be sent via email to the address indicated in § 1, section 4, point 1 of the Regulations.
  6. Immediately after receiving the declaration referred to in paragraph 5 above, the Provider shall suspend the delivery of the Newsletter.

 

§ 13.

Final provisions

  1. The law applicable to these Terms and Conditions, the Newsletter Delivery Agreement, and the Digital Goods Delivery Agreement is Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of the protection afforded by the provisions of foreign law that cannot be derogated from by agreement and that would apply in the absence of the choice of Polish law made in the preceding sentence.
  2. The current version of the Regulations is effective from July 22, 2025.