These terms and conditions set out the rules for using the course platform and purchasing through the course platform operated by the Seller at courses.refactoring.pl

§ 1. Definitions

For the purposes of these Regulations, the following terms shall have the following meaning:

  1. Regulations – this document, available at courses.refactoring.pl/terms.
  2. Seller – IT Train Włodzimierz Krakowski, ul. Polonijna 16/17, Kraków, Poland, VAT : PL 683-172-19-69.
  3. Buyer – a natural person, legal entity or a crippled legal person.
  4. Parties – Seller and Buyer.
  5. Consumer – a natural person making a purchase in the scope not directly related to his business or professional activity (in accordance with Article 221 of the Civil Code).
  6. Courses platform – website, run by the Seller at courses.refactoring.pl, within the Simple LMS service.
  7. Course – a set of online educational materials available for purchase through the Course Platform, whose copyrights belong to the Seller.
  8. Offer – a set of information about the Course including in particular: description of the content, gross price, access period and other elements characterizing the Course.
  9. Payment Operator – PayPal, Tpay, PayU.
  10. Order – an order for a Course placed by the Buyer through the Course Platform, in accordance with these Terms and Conditions, being the moment of concluding a contract between the Seller and the Buyer.
  11. Price – gross price of the Price, expressed herein, PLN, placed next to the information about the Course, taking into account the availability of the Price under a limited, non-exclusive licence.
  12. Trainee Account – a virtual account, created on the Courses Platform, through which a Buyer gains access to the Courses they have purchased.
  13. “Cookies” – small text files sent to the Buyer’s computer, which contain information necessary for the proper functioning of the Course Platform, in particular the authorisation process.

§ 2. General provisions

  1. Through the use of the Course Platform, the Seller sells the Courses and provides the Buyer with a service by electronic means which enables the Buyer to conclude an agreement with the Seller for the delivery of digital content in the form of Courses.
  2. In order to purchase via the Platform, the following technical conditions must be met by the Buyer’s computer or other device:
    1. Internet access,
    2. a web browser,
    3. having an active e-mail address,
    4. no active software to block cookies and/or advertising,
    5. Javascript enabled.
  3. In order to use the Course it is necessary that the following technical conditions are met by the computer or other Buyer’s device:
    1. Internet access,
    2. a web browser,
    3. having an active e-mail address,
    4. no active software to block cookies and/or advertising,
    5. Javascript enabled,
    6. pdf file viewer,
    7. audio files can be played,
    8. possibility to play video files,
    9. the ability to open archive files such as .rar or .zip
  4. The buyer cannot make a purchase anonymously or under a pseudonym.
  5. It is forbidden for the Buyer to provide illegal content, in particular by sending such content within the forms available on the Course Platform.

§ 3. Intellectual property rights

  1. The Seller hereby instructs the Buyer that the Course constitutes a work within the meaning of the Act on Copyright and Related Rights, to which the Seller holds the copyright.
  2. The Seller hereby instructs the Buyer that further distribution of the Course by Buyer, without Seller’s consent, will constitute a violation of Seller’s copyright in the Course and may result in civil and/or criminal liability.
  3. The Seller hereby instructs the Buyer that the Buyer is obliged to use only his own account on the Courses Platform and is not allowed to make his Trainee Account available to third parties under any title.

§ 4. Placing an Order

  1. The condition for making an Order on the platform of courses is the correct completion of the Order form, acceptance of the provisions of the Regulations and the cost conditions contained in the Order.
  2. An Order can be made by the Customer, who will provide the data required to complete the Order and register (create a Trainee Account) on the Courses Platform.
  3. The password to the Trainee’s Account is not known to the Seller and the Buyer is obliged to keep it secret and protect it from unauthorized access by third parties, in case of security breach the Seller has the right to disable the Buyer’s Account in the system.
  4. The price of the Course given at the time of placing an Order by the Client is binding. The price is the gross price.
  5. If the data provided in the Order is incomplete, the Seller shall contact the Buyer. If the contact is not possible within 72 hours from the moment of placing the Order, the Seller has the right to cancel the Order.
  6. Courses Platform can be placed 24 hours a day, 7 days a week, except for technological breaks and service work.
  7. Placing an Order by the Client means submitting an offer to the Seller to purchase the ordered Course.

§ 5. Purchase of the Course

  1. In order to purchase a Course, a Buyer must take the following steps:
    1. select the courses he/she is interested in from the courses available on the Platform,
    2. add a course to your cart by clicking the “Add to Cart” or “Buy Now” button and go to the order summary,
    3. fill in the order form, providing the data necessary to complete the order and choosing the payment method. The choice of payment method is limited to the choice of the Payment Operator, because the only form of payment for the Course is electronic payment through the selected Payment Operator,
    4. accept the Terms and Conditions – acceptance of the Terms and Conditions is voluntary, but necessary to place an Order,
    5. accept the Privacy Policy – acceptance of the Privacy Policy the acceptance is voluntary but necessary to place the Order,
    6. click on the “I buy and pay” button.
  2. After clicking on the “I buy and pay” button, the Buyer will be transferred to the website of the Payment Operator to pay the Price for the previously selected Courses.
  3. After successful payment, the Buyer will be transferred to the Site with the confirmation of purchase. At this point in time, the contract for the delivery of digital content in the form of Courses is considered to be concluded between the Buyer and the Seller. The Buyer will also receive a confirmation of purchase at the e-mail address given in the order form.
  4. The Buyer will additionally receive an invoice to the e-mail address provided in the order. By making a purchase on the Courses Platform the Client automatically authorizes the Seller to issue an invoice without a signature.

§ 6. Making the Course available and usable

  1. The use of the Course is via the Trainee’s Account and requires an Internet connection.
  2. The Seller declares that it grants to the Buyer a non-exclusive license to use the Course, for the period specified in the Offer, solely for Buyer’s own use.
  3. The Seller allows the Buyer to:
    1. displaying the contents of the Course on the device used by the Buyer,
    2. storing material other than audio-visual files in the device’s permanent memory,
    3. printing the content of text and graphic documents made available under the Course.

§ 7. Consumer’s withdrawal from the contract

  1. A consumer who has concluded a remote agreement with the Seller has the right to withdraw from the agreement without giving any reason within 14 days from the date of conclusion of the agreement, provided that the start of the Course has not been recorded in the system of the platform.
  2. In order to withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by means of an unequivocal statement – for example, a letter sent by post, fax or e-mail.
  3. In order to keep the deadline to withdraw from the contract, it is sufficient for the Consumer to send information on the exercise of the right to withdraw from the contract before the deadline to withdraw from the contract expires.
  4. In the case of withdrawal from the agreement, the Seller shall return to the Consumer all payments received from the Consumer immediately, no later than 14 days from the date on which the Seller was informed about the exercise of the right to withdraw from the agreement.

§ 8. Liability for defects

  1. The Seller is obliged to provide the Buyer with a defect-free rate.
  2. The Seller shall be liable to the Purchaser if the Course has a physical or legal defect (warranty for defects).
  3. If the Buyer finds a defect in the Course, he shall inform the Seller about it, specifying his claim related to the defect or making a statement of relevant content.
  4. The Buyer may contact the Seller by sending an e-mail to the address: courses (-at-) refactoring.pl.
  5. The Seller will respond to the complaint submitted by the Buyer within 14 working days from the date of delivery of the complaint.

§ 9. Extra-judicial means of dealing with complaints and asserting claims

  1. The Seller agrees to submit possible disputes arising in connection with the concluded contracts for the supply of digital content through mediation proceedings. Details will be determined by the Parties.
  2. The consumer has the possibility to use out-of-court methods of complaint processing and asserting claims. Among others, the Consumer has the possibility:
    1. apply to a permanent amicable consumer court to resolve a dispute arising out of the concluded contract,
    2. request the provincial inspector of the Commercial Inspectorate to initiate mediation proceedings to amicably end the dispute between the Consumer and the Seller,
    3. to use the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
  3. The consumer can also use the ODR platform, which is available at ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.

§ 10. Final provisions

  1. The regulations are valid from the date: 9th June 2020.
  2. The Buyer is obliged to acquaint himself with the new regulations and may refuse to accept them within 14 days from the date of their publication.
  3. The refusal to accept the amendments to the Regulations is tantamount to de-registration from the service, with the reservation that the User participates in transactions started before the termination of the Sales Agreement on the basis of the Regulations in force on the date of their beginning.
  4. The Seller may change the Terms and Conditions at any time.