Pink Lemon Creative Club » Regulamin sklepu-en

Terms and conditions of the pinklemoncreative.com online shop

Hello!

We are Pink Lemon Creative Club and we are creators of digital content, access to which we sell through our shop available HERE.

We are extremely pleased that you have placed your trust in us and are interested in shopping in my shop.

So much in a word of introduction, now it's time for the formalities. To begin with, our full registration details as a seller:

PINK LEMON Krzysztof Wagner
ul. Wał Miedzeszyński 233A/3, 04-866 Warsaw
NIP: 567-115-77-54

Below you will find the terms and conditions, which contain information on, among other things, how to place an order leading to the conclusion of a contract, details on the performance of the contract concluded, the rules on the provision of digital content and services and the types of payment available on the Website, the withdrawal procedure or the complaint procedure.

If you have any comments, questions, concerns, we are at your disposal at the e-mail address hello@pinklemoncreative.com. Our customer service department works from Monday to Friday from 08:00 to 16:00.

Best regards and happy shopping!

Pink Lemon Creative Club

§ 1 Definitions

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

Update - an update that the Vendor has agreed to provide and that is necessary for the Digital Content to comply with the Contract;
Price - the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Digital Content;
E-payment - payment of the Price for Digital Content by means of a digital representation of value, in particular by means of electronic vouchers, e-coupons, virtual currencies, etc;
Buyer - a natural person, a legal person or an organisational unit with legal capacity, in particular a Consumer or a PNPK;
Consumer - a natural person concluding an Agreement with the Seller which is not directly related to his/her economic or professional activity;
Entrepreneur on Consumer Rights (PNPK) - a natural person concluding an Agreement with the Seller directly related to his/her business activity, where it follows from the content of the Agreement that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
Pre-sale - the process of the Seller collecting orders for Digital Content that will be available for sale as of a certain date and concluding Contracts prior to the planned date of the Digital Content going on sale;
Terms and Conditions - the terms and conditions of the Pink Lemon Shop website;
Service - the website operating at pinklemoncreative.com and its extensions;
Seller - Krzysztof Wagner, conducting business under the name PINK LEMON Krzysztof Wagner, Wał Miedzeszyński 233A/3, 04-866 Warsaw, NIP: 567-115-77-54;
Digital Content - data produced and delivered in digital form;
User Content - content that is provided or created by the Consumer or PNPK in the course of using the Digital Content;
Contract - a contract 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;
Digital Services - services that allow the Buyer to:
- the generation, processing, storage or access to data in digital form;
- the sharing of digital data that has been uploaded or created by the Buyer or other users of the Digital Service;
- other forms of interaction through digital data;
Electronic Services - any electronic services provided by the Seller to the Buyer via the Website.

§ 2 Introductory provisions

The Seller sells Digital Content through the Website. The Buyer may purchase the Digital Content indicated on the pages of the Website or specified within the Pre-Sale.
The Terms and Conditions set out the terms and conditions for the use of the Website, as well as the rights and obligations of the Seller and the Buyers.
In order to use the Website, including in particular to place an order, it is not necessary for the Buyer's computer hardware or software to meet any specific technical conditions. The following are sufficient:
1. Internet access,
2. standard, up-to-date operating system,
3. a standard, up-to-date web browser with cookies enabled,
4. having an active e-mail address.
In order to use Digital Content, depending on its type, it may additionally be necessary to use standard, generally available software allowing for the viewing or playback of a specific type of files such as DOC, PDF, MP4, MP3, MOV, AVI, etc. If the use of the Digital Content requires additional technical requirements, such information is presented on the Website in a way that is visible to the Buyer and allows him/her to make a decision regarding the purchase of the Digital Content.
The conclusion of a Contract for the provision of Digital Content may not be done anonymously or under a pseudonym. The Buyer should indicate true and complete personal data in order to be able to conclude such Contract.
When using the Site, it is prohibited to provide unlawful content, in particular by sending such content via the forms available on the Site.
Depending on the type of Digital Content or Electronic Services selected, a Contract of a certain type is concluded between the Seller and the Buyer:
1. in the case of Digital Content, a contract for the supply of digital content is concluded;
2. In the case of Electronic Services, a contract for the provision of electronic services is concluded.
For the avoidance of doubt, the Seller indicates that:
1. Contracts that concern Digital Content are contracts for the supply of Digital Content to which the provisions of Chapter 5b of the Consumer Rights Act of 30 May 2014 apply;
2. The provisions of Chapter 5b of the Consumer Rights Act of 30 May 2014 do not apply to Contracts that do not concern Digital Content.

§ 3 Electronic Services on the Website

The Seller provides the Buyer with certain Electronic Services related to the use of the Website.
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 Digital Content Delivery Agreement with the Seller. Placing an order is possible without having an account on the Website.
If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with an Electronic Service consisting of sending the Buyer e-mails containing information about the Seller's news, promotions, products or services. Subscription to the newsletter takes place by completing and submitting the newsletter subscription form or by ticking a relevant checkbox when placing an 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 can also send the seller an e-mail requesting unsubscription from the newsletter database.
The Electronic Services are provided to the Buyer free of charge. What is chargeable, however, are the Digital Content Contracts that are concluded through the Service.
In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Website, the Seller shall take technical and organisational measures appropriate to the degree of security risk of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
The Seller shall take steps to ensure that the Website is fully functioning properly. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Website.
As the Website is an ICT system managed by the Seller, the Seller may carry out technical and IT work to develop the Website and to provide Electronic Services at the highest possible level.
As part of the development of the Service, the Seller may in particular:
1. add new features and change or delete existing features within the Service;
2. introduce the Service on a different type of device, e.g. on mobile devices;
3. provide a Service-related application.

§ 4 Placing an order

The buyer can place an order as a guest.
All descriptions of Digital Content available on the Website do not constitute an offer within the meaning of the relevant provisions of civil law, but an invitation to conclude an Agreement.
Placing an order is done by adding the Digital Content that the Buyer is interested in to the basket and then completing 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. Placing an order is conditional on accepting the Terms and Conditions, which the Buyer should read beforehand. In case of any doubts concerning the Terms and Conditions, the Buyer may contact the Seller.
The Buyer must provide truthful personal data on the order form. The Buyer shall be liable for providing false personal data. The Seller reserves the right to withhold the execution of the order in a situation where the Buyer has provided false data or where the data raises justified doubts of the Seller as to its correctness. In such a 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 clarify any circumstances related to the verification of the veracity of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any clarifications after the Buyer has made contact.
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 the right to do so pursuant to paragraph 6.
The ordering process is completed by clicking on the finalise order button. Clicking on the finalise order button constitutes an offer by the Buyer to purchase the selected Digital Content from the Seller, under the terms and conditions set out in the order form.

§ 5 Pre-sales

The Seller, in relation to certain types of Digital Content, may or may not arrange a Pre-Sale.
Digital Content included in the Pre-Sale shall be clearly marked within the Website as Digital Content available for Pre-Sale. On the page of such Digital Content, the Seller shall indicate from what date the Digital Content is likely to be available and from what date the Digital Content is likely to be transferred to Buyers.
For the purpose of concluding Pre-Sale Agreements, the provisions of § 4 shall apply mutatis mutandis.
The Seller reserves the right to change the deadline referred to in paragraph 2, particularly as a result of a delay in the delivery of Digital Content by third parties (e.g. manufacturers). The Seller will inform the Buyers of any changes to the deadlines related to the Pre-Sale by posting information on the Website and sending an email, to the address provided by the Buyer.
In the event that the sale of the Digital Content is not possible under the terms and conditions of the Pre-Sale (e.g. suppliers fail to supply the appropriate quantity or types of materials, there is an increase in the price of materials, etc.), the Seller shall inform the Buyer of these circumstances.
If a Buyer who is a Consumer or a PNPK does not agree to an extension of the delivery date of the Digital Content or a change in the terms of sale of the Digital Content, the Buyer may cancel the purchase of the Digital Content and the Seller shall refund to such Buyer any payment made in the Pre-Sale.

§ 6 Price and payment

The available payment methods for an order are described on the Website and presented to the Buyer at the ordering stage.
If the Buyer has chosen to pay online when placing an order, upon clicking on the finalise order button, the Buyer will be redirected to a payment gateway operated by a third-party payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalising the order he/she will be redirected to the Website page with the order confirmation and instructions for making the payment. 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 abandoned the purchase of the Digital Content, and cancel the order placed.
Electronic payments, including payment card payments, are handled by Przelewy24 and PayPal.
The Seller may make available to Buyers the possibility of making an E-payment, for example by means of a discount code, voucher or other e-coupon. In this case, the Buyer will be able to make payment of the Price, in whole or in part, by E-payment, in accordance with the instructions available on the order form page. The provision of the possibility to make E-payment is not an obligation of the Seller.
If an invoice is requested by the Buyer, it shall be delivered to the Buyer electronically, to the e-mail address provided on the order form.
All prices shown on the Website are gross prices.
The Seller shall be entitled to provide the Purchasers with discounts, reductions or other preferences related to the Price at its own discretion, in particular as part of an organised promotional action. Details of promotional actions are defined in separate regulations of promotional actions. The Buyer shall not be entitled to claim discounts, reductions or other preferences which do not result from a promotional action.
Whenever a reduction in the Price of Digital Content is communicated, the Seller shall include, in addition to the information about the reduced Price, information about the lowest Price of that Digital Content that was in effect during the period of 30 days prior to the introduction of the reduction. If the Digital Content in question is offered for sale for a period of less than 30 days, in addition to the information on the reduced Price, the Seller shall also include information on the lowest Price of that Digital Content that was in effect between the date of commencement of offering that Digital Content for sale and the date of introduction of the reduction.

§ 7 Implementation of the Digital Content Order

The fulfilment of an order for Digital Content consists in the delivery of the ordered Digital Content to the Buyer.
The Seller shall not make the Digital Content available to the Buyer until the payment has been positively authorised or the payment has been credited to its bank account. The Digital Content may be provided to the Buyer immediately after the conclusion of the Contract and payment of the order or within the timeframes specified by the Seller, depending on the type of Digital Content that the Buyer has purchased.
The Buyer, depending on the Seller's choice and the technical possibilities of the Website, can access the Digital Content through:
1. a link sent to the buyer at the e-mail address indicated by the buyer.
For information on whether the Digital Content may be downloaded by the Buyer onto his own medium, please refer to the description of the Digital Content or the instructions provided to the Buyer.
If a given Digital Content can be downloaded by a User, the Seller may introduce a download limit for the given 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 shall clearly indicate to the Buyer how many times the Buyer may download the Digital Content under the concluded Contract.
The Seller may introduce a time restriction on access to a given Digital Content (e.g. access to a given Digital Content will only be possible for 3 months). If time limitations are introduced, the Seller shall clearly indicate to the Buyer for how long the Buyer will have access to the given Digital Content under the concluded Contract. If access to the Digital Content is defined by the Seller as lifetime access, and the Buyer obtains this access via a user account, in the event of the need to terminate the user account (e.g. due to technological changes, termination of the Seller's business), the Buyer shall be provided with the opportunity to download the Digital Content onto his own carrier within a period specified by the Seller, not shorter than 14 days, calculated from the dispatch to the Buyer's e-mail address assigned to the user account of information about the planned termination of the user account and the opportunity to download the Digital Content onto his own carrier.
The Digital Content shall be deemed to have been delivered when the Digital Content or the means by which the Digital Content can be accessed or the Digital Content can be downloaded has been made available to the Buyer or to a physical or virtual device which the Buyer has independently selected for that purpose or when the Buyer or such device has accessed the Digital Content.
The Seller shall provide the Digital Content in the version valid on the date of delivery of the Digital Content and shall not provide Updates after the date of delivery of the Digital Content - unless it is expressly indicated in the description of the Digital Content that the Digital Content also includes Digital Content Updates at a later date.
Subject to fair use provisions, the Buyer may only use the Digital Content for its own purposes. Under no circumstances shall the Buyer have the right to make available or sell the Digital Content or any derivation thereof under its own label, to incorporate the Digital Content or any part thereof into its own products or services that it makes available or sells, or any other similar commercial activity using the Digital Content.
If the Buyer wishes to use the Digital Content in his/her business or professional activity, he/she is obliged to request the Seller to grant a licence for the Digital Content in question by sending a message to the Seller's e-mail address. In order to conclude such an agreement, the Buyer should request the Seller to conclude a licence agreement, informing the Seller in particular of the purposes for which he intends to use the Digital Content and the assumed duration of use. Upon receipt of such a proposal, the Seller will make an offer in accordance with its own licensing policy.
In the event that the Buyer accesses the purchased Digital Content through a user account on the course platform, it is prohibited:
1. sharing your user account with others or sharing your account access data with others,
2. attempting to gain unauthorised access to Digital Content that has not been assigned to your account as a result of its purchase,
3. taking actions which have a negative impact on the functioning of the information and communication system within which the user's account is functioning, in particular through various hacking techniques, malicious software, etc.
4. attempting to download Digital Content onto their own medium when the Seller does not provide such a facility,
5. use of your account for marketing activities,
6. use the functions of your account in a way that violates the personal rights of others or is contrary to good morals.
The Seller shall be entitled to make changes to the Digital Content during the term of the Contract, with the exception of Digital Content that is provided on a one-off basis. Changes to Digital Content that has been acquired by the Consumer or PNPK may be made subject to the following requirements:
1. Changes to the Digital Content may only be made for legitimate reasons, such as, in particular, the rectification of faults, the adaptation of the Digital Content to the needs of Buyers, the adaptation of the Digital Content to legal changes or decisions of courts and authorities;
2. Changes to the Digital Content may not incur costs on the part of the Consumer or PNPK;
3. The Seller shall inform the Consumer or PNPK in a clear and comprehensible manner of the change being made;
4. If a change in the Digital Content materially and adversely 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 less than 7 days, on a durable medium, of the characteristics and date of the change, as well as the rights associated with the changes;
5. If the change in the Digital Content materially and adversely affects the Buyer's access to or use of the Digital Content, the Consumer or PNPK may terminate the Contract without notice within 30 days from the date of the change in the Digital Content or the notification of the change in the Digital Content if the notification is later than the change. The Buyer shall not be entitled to this right if the Seller provides the Consumer or the PNPK, at no additional cost, with the right to keep the Digital Content complying with the Contract unchanged.
If the Buyer violates the rules regarding the use of the Digital Content, the Seller may block the Buyer's access to the Digital Content. The Buyer will receive a message stating the reasons for the blocking. The Buyer may appeal the blocking within 14 days of receiving the message. The Seller will consider appeals within 14 days. The blocking of access to the Digital Content does not constitute a breach of Contract by the Seller and cannot be the basis for a claim by the Buyer for breach of Contract.
The Digital Content may or may not be accompanied by additional benefits, such as 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 benefits are incidental to the Seller's main obligation to provide Digital Content in accordance with the Contract and are provided in accordance with the information available on the Website contained in the description of the Digital Content purchased. The Seller may provide additional rules for the use of additional benefits aimed at ensuring comfort and a sense of security among all persons accessing certain benefits, such as rules for participation in a support group. Failure to comply with such rules may result in the Buyer being deprived of the possibility to use the additional benefits, but this does not affect the Seller's fulfilment of its main obligation to provide the Digital Content, does not constitute a breach of Contract by the Seller and cannot be the basis for a claim by the Buyer for breach of Contract.

§ 8 Withdrawal from the Consumer Contract or PNPK without stating a reason

The Consumer or PNPK has the right to withdraw from the Agreement that was concluded through the Service without giving any reason within 14 days of the conclusion of the Agreement.
The right of withdrawal shall not apply to the Contract for the supply of Digital Content not supplied on a tangible medium, for which the Consumer or PNPK is liable to pay the Price, if the Seller has commenced performance with the express and prior consent of the Buyer, who has been informed before the commencement of performance that after the Seller's performance he will lose the right to withdraw from the Contract, and has acknowledged this, and the Seller has provided the Buyer with the confirmation referred to in Article 21(2) of the Consumer Rights Act.

§ 9 Responsibility for the conformity of the Digital Content with the Agreement

The warranty for defects of the Digital Content, as referred to in the provisions of the Civil Code, is excluded for Contracts which are concluded by Buyers other than the Consumer or the PNPK.
The provisions on liability for the conformity of Digital Content with the Contract that are contained in the Consumer Rights Act shall apply to the Contracts that are concluded by the Consumer or the PNPK, taking into account the provisions of the Terms and Conditions.
The Seller shall be responsible to the Consumer and the PNPK for the conformity of the Digital Content with the Contract. The conformity of the Digital Content with the Contract shall be assessed in accordance with the provisions of the Consumer Rights Act.
For Digital Content:
1. delivered at one time or in parts - the Seller shall be liable for any lack of conformity of the Digital Content with the Contract that existed at the time of delivery and became apparent within two years of that time;
2. delivered on a continuous basis - the Seller shall be liable for any failure of the Digital Content to conform to the Contract which occurred or became apparent at the time it was to be delivered in accordance with the Contract.
Where the Seller delivers Digital Content on a continuous basis, the Digital Content shall be compliant for the duration of its delivery in accordance with the Contract.

§ 10 Bringing the Digital Content into compliance with the Agreement

If the Digital Content is not in conformity with the Contract, the Consumer or PNPK may request that the Digital Content be brought into conformity with the Contract.
If bringing the Digital Content into conformity with the Contract is impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Digital Content into conformity with the Contract.
The Seller shall bring the Digital Content into conformity with the Contract within a reasonable period of time, not exceeding 21 days, from the time the Seller is informed by the Consumer or the PNPK of the non-conformity of the Digital Content with the Contract, and without undue inconvenience to the Consumer or the PNPK, taking into account its nature and the purpose for which it is used.
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 Contract in the event of non-compliance

Digital Content with Agreement

If the Digital Content is not in conformity with the Contract, the Consumer or PNPK may make a declaration to reduce the Price or withdraw from the Contract when:
1. The Seller has refused to bring the Digital Content into compliance with the Agreement in accordance with § 10 (2);
2. The Seller has not brought the Digital Content into conformity with the Contract;
3. the lack of conformity of the Digital Content with the Contract continues even though the Seller has tried to bring the Digital Content into conformity with the Contract;
4. the lack of conformity of the Digital Content with the Contract is so significant that it justifies a reduction of the Price or cancellation of the Contract without first resorting to the measures referred to in § 10 Paragraph 1;
5. it is clear from the Seller's statement or the circumstances that it will not bring the Digital Content into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer or the PNPK.
The reduced Price must be in such proportion to the Contract Price as the value of the non-conforming Digital Content remains to the value of the conforming Digital Content. If the Digital Content is provided in parts or continuously, the reduced Price must take into account the time during which the Digital Content remained non-conforming.
The Seller shall be obliged to reimburse the Price due to the Consumer or PNPK immediately, but no later than within 14 days of receipt of the Consumer's or PNPK's statement on the reduction of the Price.
The Consumer or the PNPK may not withdraw from the Contract if the Digital Content is provided in exchange for the payment of the Price and the lack of conformity of the Digital Content with the Contract is immaterial. The lack of conformity of the Digital Content with the Contract shall be presumed to be material.

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

In the event that a Buyer who is a Consumer or a PNPK withdraws from the Contract:
1. under the consumer warranty rights for non-conformity of the Digital Content with the Contract;
2. If the Seller fails to deliver the Digital Content despite a request from the Buyer, the
  provisions of this paragraph shall apply to settlements between the Parties.
If the Seller has supplied the Digital Content on a tangible medium, the Seller may request the return of this medium at the latest within 14 days of receipt of the cancellation declaration, and the Consumer or PNPK shall be obliged to return the medium immediately, but not later than within 21 days, at the Seller's expense.
The Seller shall be obliged to reimburse the Price only for the part corresponding to the Digital Content that is not in conformity with the Contract or the Digital Content in relation to which the obligation to provide it has fallen due to the withdrawal from the Contract. At the same time, the Seller shall not be entitled to claim payment for the time during which the Digital Content was not in conformity with the Contract, even if the Consumer or PNPK actually used the Digital Content before the withdrawal from the Contract.
The Seller shall be obliged to reimburse to the Consumer or PNPK the Price due to it immediately, but no later than within 14 days of receipt of the Consumer's or PNPK's declaration of withdrawal from the Contract.
The Seller shall refund the Price due using the same method of payment used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund that does not incur any costs for the Consumer or PNPK.

§ 13 Return of User Content

After withdrawal from the Contract, the Seller may not use User Content, with the exception of User Content that:
1. are only useful in connection with Digital Content;
2. relate solely to the activity of the Consumer or PNPK in the course of using the Digital Content;
3. have been linked by the vendor with other data and cannot be disconnected without undue difficulty;
4. have been produced jointly with other Consumers or PNPK, who may still use them.
At the request of the Consumer or PNPK, the Seller shall make available to such Buyer, at its expense, within a reasonable time and in a commonly used machine-readable format, the User Content that has been created or provided during the use of the Digital Content. This obligation does not apply to the return of the User Content referred to in paragraph 1, points 1 - 3.

§ 14 Personal data and cookies

The administrator of the Buyer's personal data is the Seller.
The website uses cookie technology.
Details related to personal data and cookies are described in the privacy policy available HERE

§ 15 Intellectual property rights

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 on Copyright and Related Rights of 4 February 1994, the copyrights to which vest in the Seller or other authorised entities, as well as databases protected under the provisions on database protection.
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 any other authorised entity, with the exception of use within the framework of permitted use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
The Seller may enter into a separate licence agreement with the Buyer relating to the Buyer's use of the content or databases belonging to the Seller (e.g. through the use of product photographs, use of descriptions of Digital Content, etc.). In order to conclude such an agreement, the Buyer should apply to the Seller with a proposal to conclude a licence agreement, informing the Seller in particular of the purposes for which the Buyer intends to use the content or databases belonging to the Seller and the assumed time of use. Upon receipt of such a proposal, the Seller will make an offer in accordance with its own licensing policy.

§ 16 Opinions

The pages of the Website (and its affiliated pages) publish reviews that come from Buyers who have used the Digital Content or purchased the Digital Content.
The Seller sends a request to share feedback on the purchased Digital Content (e.g. by means of a survey) to the Buyer's e-mail address or via a message on social networks. The contact details were obtained when concluding the Contract for the provision of Digital Content.
The Seller also reserves the right to use spontaneous feedback sent by Buyers via emails and messages on social networks or posted under its publications on social networks.
The sharing of opinions is prohibited:
1. without prior use of the Service;
2. on Digital Content that the Buyer has not used or purchased,
3. 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;
4. which infringes the personal rights of the Seller or a third party;
5. by paying users, in particular to artificially increase the rating of the Digital Content.
The Seller shall verify the opinions obtained, in particular whether they come from Buyers who have actually used the Digital Content or purchased the Digital Content.
The seller will decide for itself which opinions will be published.
The seller reserves the right to make minor edits and corrections (e.g. correcting typos etc.) to the opinions obtained before publication.
If the Buyer has any doubts about the posted opinions, the Buyer may notify the Seller of the opinion for verification. Upon receipt of a notification from the Buyer, the Seller will take measures, appropriate to its capabilities, aimed at verifying the posted opinion.

§ 17 Out-of-court complaint and redress procedures

The consumer has the possibility to use out-of-court complaint and redress procedures. Among other things, the consumer has the possibility to:
1. apply to a permanent amicable consumer court to resolve a dispute arising from the Contract,
2. apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,
3. seek the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
For more detailed information on out-of-court complaint and redress procedures, the Consumer can visit http://polubowne.uokik.gov.pl.
The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.

§ 18 Complaints and summons

Each Buyer has the right to lodge a complaint on matters related to the functioning of the Website or the performance of the Agreement. Complaints should be submitted to the Seller at the address hello@pinklemoncreative.com.
Buyer's complaints will be dealt with on an ongoing basis, but no later than 14 days after the Seller receives the complaint.
A response to the complaint will be sent to the Buyer at the contact provided by the Buyer when making the complaint.
If the Seller has not delivered the Digital Content in accordance with the Contract, the Buyer may file a complaint requesting the Seller to deliver the Digital Content. If, despite this request, the Seller fails to deliver the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Contract. The Buyer may withdraw from the Contract without calling on the Seller to deliver the Digital Content when:
1. it will be clear from the Seller's statement or circumstances that the Seller will not deliver the Digital Content;
2. The parties have agreed, or it is clear from the circumstances of the Contract, that the specified date for delivery of the Digital Content was of material importance to the Buyer and that the Seller failed to deliver the Digital Content by that date.

§ 19 Final provisions

The Seller reserves the right to introduce and cancel offers, promotions and to change the Prices on the Website without prejudice to the Buyer's acquired rights, including in particular the terms and conditions of the Contracts concluded prior to the change.
The Seller reserves the right to amend the Terms and Conditions for important reasons such as changes in legislation, technological changes, business changes.
The Terms and Conditions in force at the time of conclusion of the Contract shall apply to Contracts for Digital Content delivered on a one-off basis.
For Contracts relating to Digital Content that is provided through a user account (e.g., digital content with annual access), the Buyer will receive a notice of the change to the Terms and Conditions at the email address assigned to the user account. The Buyer may terminate the Contract, within 30 days of being informed of the change, if the change to the Terms and Conditions materially and adversely affects the Buyer's access to or use of the Digital Content.
In the case of Contracts relating to Electronic Services, the Buyer will receive information on the change of the Terms and Conditions to the e-mail address associated with the respective Electronic Service. If the Buyer does not accept the change in the Terms and Conditions, he may terminate the Contract with immediate effect, e.g. by deleting his account on the Website or by opting out of receiving the newsletter.
Any disputes related to Contracts concluded through the Website shall be examined by a Polish common court with jurisdiction over the Seller's permanent place of business. This provision does not apply to Consumers and PNPK, in the case of which the jurisdiction of the court is determined according to general rules.
These Regulations are effective as of 24.04.2024.