These Regulations define the rules of operation and conditions of use of the online course available on the platform, posted on the website at www.e-learning.yoanka.eu, and the conditions of sale of products available on the website.
- Definitions
The terms used in these Regulations mean:
1.1.Author Joanna Mieczkowska – Yoanka semi permanent makeup company, Malta.
1.2.Website – an online service website that acts as an intermediary between the Author and Users in the sale of Products, posted on the Internet at www.e-learning.yoanka.eu.
1.3. User – a natural person, legal person or organizational unit without legal personality, which the law grants legal capacity, purchasing the Product via the Website.
1.4. Materials – one or several computer files containing video recordings or other files that are the basic component of the Product.
1.5. Additional Materials – one or more computer files being an addition to the Product.
1.6.Product – a service of paid access to specific Materials and Additional Materials in the form of computer files, provided via the Internet by the Author to the User via the Website.
1.7. Free Product – a Product that is made available free of charge via the Internet by the Author to the User via the Website.
- General provisions
2.1. Every Internet user can freely browse the content of the Website. To use the Website, standard devices and software are required that allow you to browse websites, as well as have an e-mail box.
2.2. The materials posted on the Website, including graphic elements, arrangement and composition of these elements (the so-called layout), trademarks, photos and other information available on websites are subject to the exclusive rights of the Author. The indicated elements are subject to proprietary copyrights, industrial property rights, including rights from the registration of trademarks and rights to databases, and as such enjoy statutory legal protection. It is not allowed to use these resources in a way other than provided for in these Regulations.
2.3. The website may only be used to publish content in accordance with the law in force in Poland. Users are responsible for the content they publish, in particular they declare that they are consistent with the facts and law and do not violate these Regulations, applicable law and the rights of third parties.
2.4. The use of the Website is possible after prior registration by the User. Registration is voluntary and free. During Registration, the User must accept the content of the Regulations and the Author’s Privacy Policy. Lack of consent to their content makes it impossible for the Author to provide the service.
2.5. Users are obliged to keep secret information ensuring safe use of the account on the Website, including not disclosing login and password to other people and choosing appropriate passwords that are difficult to break. All actions taken using a login with a correctly assigned password are considered actions of the Customer.
2.6. Users may use the Website only in accordance with applicable law.
2.7. The author reserves the right to refuse to provide services, delete data or liquidate the order in the event of a breach by a non-consumer User of the law or the provisions of these Regulations.
- Using the Website
3.1. Through the Website, Users have the option of purchasing Product licenses.
3.2. By purchasing the Product, the User is granted a non-exclusive, spatially unlimited, time-limited license to use the Product.
3.3. Unless otherwise stated in the offer or Product description, the license is granted for the number of days indicated in the offer for the purchase of a specific Product, posted on the Website. During this time, the User may use the product an unlimited number of times.
3.4. The sale of the Product may be time-limited in the manner specified on the Website.
3.5. The User has no right to sublicense.
3.6. Orders are processed after the Author receives the payment made via the payment channels available on the Website, for payment of the price and any other costs appropriate for a given product. Information about the price and any other costs will always be provided on the Website and when placing an order.
3.7. The prices of all goods on the Website are expressed in Polish zlotys. Prices include VAT.
3.8. Each order is confirmed by e-mail sent to the e-mail address provided by the User.
3.9. The product will be made available to the User by teletransmission via the Internet connection, so that the User can watch the recording on his account. After receiving confirmation of payment, an email is sent to the User containing information on obtaining access to viewing the purchased Products.
3.10. The User gains access to the Products by logging into his account on the Website.
3.11. VAT invoices are issued at the User’s request. In this case, it is necessary to provide invoice data in accordance with the appropriate form.
- Rules for using purchased Products
4.1. All Products made available via the Website, paid and free of charge, are subject to the protection provided for in the Act of February 4, 1994 on copyright and related rights.
4.2.Purchased Products may be permanently marked as coming from the User who made a purchase on the Website or received a free Product. Product markings do not reveal the User’s personal data, and are used only to identify the origin of the Product in the event of violation of the rules of using the Product set out in these Regulations and the law. Thus, each User purchasing a Product on the Website agrees to such designation and undertakes not to take any action to change or deprive a given Product of this designation.
4.3. The User may pay the price for the Product by way of a one-off payment or periodic installment payments. The terms of the installment payment are specified in the Product sale offer posted on the Website.
4.4. If the Customer chooses installment payment, the amount due for the Remuneration is collected by the Author on a specific day of each month.
4.5. Making a payment is a payment service within the meaning of the Act of 19 August 2011 on payment services, which consists in the acceptance by the appropriate bank or payment operator of cash payments made by the Customer, which are transferred to the Author’s accounts. The above entities provide the Customer with a payment instrument enabling him to withdraw funds from a given payment account to the Author’s bank account. The Author does not provide any payment services to the Client.
4.6. In the case of choosing an installment payment, if the Author fails to collect the funds constituting remuneration for the Product for reasons attributable to the Customer, it is entitled to block the Customer’s access to the product until the payment is made.
4.7. The User may use the purchased Products for their own use and in accordance with their intended purpose, i.e. play them on electronic devices made available on the Website in order to familiarize themselves with the content of the work.
4.8. The User has no right to reproduce, copy and use the Product (in whole or in part). It is forbidden to change the electronic structure of the Product or make any other modifications (e.g. removing security features or markings). It is also not allowed to distribute the Product, make it available or perform it publicly.
4.9. The User is obliged to ensure that no unauthorized persons use the Products in a manner inconsistent with the law or these Regulations. If such situations are detected, the Author may make claims in this respect against the User known to him, for violating the rights to a given copy of the Product. This provision does not apply to consumers.
- Complaints
5.1.Any disturbances in the functioning of the Website, comments and suggestions regarding it, complaints and complaints should be sent by e-mail to the e-mail address contact@yoanka.eu. The author considers complaints within 14 working days of receipt of the complaint, however, this period may be extended if the examination of the complaint requires a longer time. The Author will inform the User about the resolution of the submitted complaint by e-mail sent to the address provided by the User during registration.
5.2. The complaint should contain the User’s designation (name, surname – so that the Author can identify the person lodging the complaint) and a description of the reservations as to the manner of providing the service.
5.3. In the event that the purchased Product turns out to be defective, in particular when it does not start, is incomplete or inconsistent with the description on the Website, the User may submit a complaint to the Author within 30 days.
5.4. The Author blocks the User’s access to the Product that is the subject of the complaint.
5.5. In the case of a positively considered complaint, the Author makes the Product free of defects available to the User or refunds the funds paid for the complained Product in the form of a transfer to the bank account indicated by the User, within a period not longer than 14 days from the date of receipt of the return form.
5.6. After a positive consideration of the complaint by the Author, the User undertakes to immediately remove all copies of the Product to which the complaint relates.
5.7. Within 14 days from the date of Registration on the Website or from the date of purchase of the Product, depending on which of the actions occurred first, the User who is a consumer has the right to submit a statement of withdrawal from the concluded contract without giving a reason.
5.8. The right to withdraw from the contract is not available to the User who has purchased the Product online or other digital content on the website in accordance with art. 38 points 12 of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827), according to which the right to withdraw from an off-premises or remote contract is not entitled to the consumer in relation to contracts for the supply of digital content which are not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
- Communication
6.1. All notifications, applications, consents, statements or other information should be in the form of a written registered letter or message sent by e-mail.
6.2. In case of doubt, the date of delivery of correspondence is considered to be:
6.2.1. in the case of a registered letter: the date of acknowledgment of receipt of this letter, the date of the post office’s annotation about the refusal to accept the letter by the addressee, the date of posting the post’s annotation that the addressee has changed its registered office or place of residence or the date of the post office seal about the return of the sender’s letter in connection with two notifications ,
6.2.2. in the case of correspondence in electronic form – the date of sending the e-mail, provided that it was sent on a working day by 15:00 CET (UTC+1) Central European Time. Otherwise, the delivery date is the next business day.
6.3. The customer is obliged to immediately inform himself of any change in addresses for delivery and e-mail addresses within seven days of the change occurring at the latest. Until the notification of the change is received, the correspondence is deemed to have been effectively sent and delivered to the current address.
- Changes to the regulations
7.1. This document may be subject to change. The Administrator will inform about changes to the Regulations and about the dates of validity of the changes on their websites. Consumers will be informed individually via e-mail. In the absence of consent to change the Regulations, the Customer who is a consumer has the right to terminate the contract within 14 days from the date of obtaining information about the change. The use of the Website by the Customer after this date is tantamount to acceptance of the new content of the Regulations.
- Disclaimer
8.1. The Author is not liable to the User for losses and damages incurred by the User in connection with the use of the Website, compliance with the information presented on the Website or contained in the Products in any circumstances, as well as for the consequences of decisions made on this basis. This provision does not apply to consumers.
8.2. The author does not guarantee that the information sent via the Internet will reach the User in an error-free, complete and complete form. This provision does not apply to consumers.
8.3. The Author – if the malfunction is caused by circumstances beyond the control of the Author and which could not be prevented despite exercising due diligence – is not liable for damage caused by the malfunction of the transmission system, including hardware failures, delays and disruptions in the transmission of information, third party interference or force majeure.
8.4. The Author reserves the right – after prior notice to the User who is a consumer – to temporarily limit access to the Website (in whole or in part), in order to improve it, maintain it or if it is required by security or other reasons, independent of the Author.
- Final Provisions
9.1. The website’s Terms and Conditions and Privacy Policy are subject to the law of the Republic of Malta.
9.2. Any changes to these Regulations require a written form to be valid.
9.3.If any provision of the Regulations is deemed invalid, ineffective or unenforceable, this shall not affect in any way the validity, effectiveness and enforceability of the remaining provisions of the Regulations.
9.4. The author reserves the right to transfer or transfer all or part of his rights and obligations arising from these Regulations, with the proviso that if the contract is concluded with the Consumer, the transfer requires his consent. If this right is exercised, the Customer will be informed about the above-mentioned fact by notification. The Customer who is a Consumer has the right to terminate the contract within 14 days from the date of obtaining information about the change with the effect specified above.
