Terms and Conditions

§ 1 Preliminary Provisions

The online store available at the Internet address yourtennisproject.com is run by Adam Dryś, running a business under the name Szkoła Tenisa Adam Dryś, entered into the Central Register and Information on Economic Activity (CEIDG) run by by the minister competent for economy, NIP 7952401141, REGON 180647940. Address of the place of business and address for service: ul. Generała Józefa Bema 1, 37-700 Przemyśl, e-mail address: hq@yourtennis project.com

§ 2 DEFINITIONS
1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. Seller  – a natural person running a business under the name Szkoła Tenisa Adam Dryś, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 7952401141, REGON 180647940. Address of the place of performance activity and delivery address: ul. Generała Józefa Bema 1, 37-700 Przemyśl.
3. Customer  – any entity making purchases via the Store.
4. Entrepreneur  – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Entrepreneur-natural person – An entrepreneur who is a natural person concluding a Sales Agreement directly in connection with his business activity, which for him the Agreement is not of a professional nature.
6. Shop  – online shop run by the Seller at the internet address: yourtennisproject.com
7. Distance contract   – contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication until including conclusion of the contract.
8. Regulations – these Regulations of the Store.
9. Order – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
10. Account – an element of the Store’s software, constituting the customer’s account in the Store, as part of which the data provided by the Customer and information about orders placed by him in the Store are collected.
11. Registration form – a form available in the Store that allows you to create an account.
12. Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
13. Cart – an element of the Store’s software, in which the products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
1. Product   – service available in the Store – temporary access to content published on the Seller’s website – which is the subject of the Sales Agreement between the Customer and the Seller.
2. Sales Agreement   – product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as – applying to the characteristics of the Product – a contract for the provision of services and a contract for specific work.
§3 TECHNICAL REQUIREMENTS
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
a. terminal device with access to the Internet and a web browser,
b. an active e-mail account (e-mail),
c. enabled cookies,
d. the ability to make payments through the payment systems provided by the Store, Przelewy24
§4 GENERAL INFORMATION
1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure. The complaint procedure related to the functioning of the Store is regulated in §13 of the Regulations.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for products in the Store’s assortment is possible either after creating an account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an account.
3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).

§5 ESTABLISHING AN ACCOUNT ON THE STORE 
1. To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name and surname, telephone number, date of birth, e-mail address, password.
2. Setting up an Account in the Store is free.
3. Logging into the Account is done by entering the login and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail to the address hq@yourtennis project.com .
§6 RULES OF PLACING AN ORDER 
1. The Customer may place Orders for Products available in the Store’s assortment as a registered Customer (after logging into the Account) or as the so-called “guest” (Unregistered Customer).
2. In order to place an Order, you must:
Select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent), and if you want to buy several Products, this action should be repeated for each of the selected Products,
After completing the Product selection process, go to the “Orders” module, and then:
– choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3;
– click the “Buy and pay” button.
§7 OFFERED PAYMENT METHODS
The customer can use the following payment methods:
– transfer via the PayPro electronic system, also using a credit card,

§8 PERFORMANCE OF THE SALES AGREEMENT
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on receipt of the order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses:
a. electronic payments, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the Order will be canceled.

§ 9 PURCHASE OF ACCESS TO ONLINE COURSES

1. In the event of concluding a Product Sales Agreement, which includes access to paid content published on the Seller’s website, a link to download the Product will be sent to the Consumer or Entrepreneur-natural person or the Product will be made available in his Customer Account after 14 days from the conclusion of the Agreement. The product will be sent before the end of this period if the Customer ticks the box with the statement: “I agree to deliver the Product before the end of the 14-day withdrawal period and I declare that I have been informed that this consent results in the loss of the right to withdraw from the Agreement” .

2. The link to download the Product referred to in par. 1, sent to the Customer will be active for 365 days after the purchase. Therefore, the Seller recommends saving the purchased Products by the Customer in the memory of his device or on another possible medium. The seller is not responsible for the lack of access to the product after the period of activity of the link referred to in the first sentence.

§10 RIGHT TO WITHDRAW FROM THE SALES AGREEMENT 
The right to withdraw from the contract is not available to the Consumer and the Entrepreneur – a natural person, in relation to the contract (pursuant to Article 38 of the Act of 30 May 2014 on consumer rights):
for the supply of digital content that is 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.

§11 COMPLAINT AND WARRANTY 

1. The subject of the Sales Agreement are new Products.
2. The Seller is responsible for defects in the Product on the basis of applicable law regulating liability under the warranty for defects in the purchased item only in relation to Customers who are Consumers. In the event of concluding a Sales Agreement with a Customer who is not a Consumer, the Seller’s liability under the warranty is excluded.
3. Complaints under the warranty may be submitted via e-mail by sending an e-mail to the following address: hq@yourtennis project.com The notification should include a description of the defect and photos of the Product/screenshots showing the defects.
4. The Customer has the right to demand a price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect, unless the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a defect-free one or to remove the defect. The Customer may also, instead of removing the defect proposed by the Seller, demand replacement of the Product with a defect-free one, or instead of replacing the Product, demand removal of the defect, unless bringing the Product into compliance with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller.
5. The Customer is not entitled to withdraw from the Agreement if the defect of the Product is insignificant.
6. The Seller considers the complaint under the warranty within 14 days from the date of its receipt in the correct form. If the Seller does not respond to the Customer’s requests within 14 days, it means that the Customer considered the requests justified.

§12 NEWSLETTER

1. The Seller provides the Newsletter service via the Store’s website.
2. The Newsletter service is provided free of charge and consists in providing the Seller with information on current promotions and Products offered in the Store to the e-mail address or telephone number indicated by the Customer.
3. In order to use the Newsletter service, the Customer should enter his e-mail address or telephone number in the field entitled “Newsletter Your Tennis Project” and click the “Subscribe” button. Performing these activities is tantamount to consenting to the transfer of commercial information by the Seller.
4. The Customer may unsubscribe from the Newsletter service at any time by sending a relevant request to the Seller to the e-mail address:

§ 13 COMPLAINTS RELATED TO THE OPERATION OF THE STORE
1. Any complaints related to the functioning of the Store or the services provided through it should be reported to the Seller to the e-mail address: hq@yourtennis project.com with an indication of the problem description.
2. The Seller will immediately proceed to diagnose the cause of the problem
with the functioning of the Store or service, and will inform the Customer submitting the complaint
about the manner of its consideration within 14 working days of receiving the notification.
3. The Seller reserves the right to contact the Customer for additional information regarding the submitted complaint. The time of waiting for a response results in the suspension of the deadline indicated in section 2.

§ 14 Legal issues
1. In the event of violation of the Regulations, it is possible to withdraw the Customer’s registration, in particular in cases of violation of the generally applicable law in Poland.
2. The Seller shall not be liable for any damages arising or likely to arise as a result of using the courses.
3. The Seller is not responsible for the data entered by the Customers on the Store’s website and is not responsible for actions performed by the Customer that contributed to any damage to that Customer or other Customers or third parties, or prevented or hindered the provision of services by the Seller .
4. The Seller is not responsible for the content of websites and for any damages incurred by customers or third parties in connection with access to websites to which redirection may occur via links available on the Store’s website.
5. In the event of lack of access to the purchased Products, in particular online courses, due to the occurrence of phenomena referred to as force majeure, in particular, but not exclusively: war, hostilities, rebellion, terrorism, revolution, rebellion, unrest, riots, occurrence of a natural disaster such as such as earthquakes, hurricane and others, the Seller’s liability for failure to perform the contract to the extent specified in the applicable Polish law, in particular the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended), is excluded.
The seller is obliged to notify the customer about the occurrence of the phenomenon referred to as force majeure and about its resignation and restore the possibility of using the purchased content.

§ 15 PERSONAL DATA IN THE ONLINE STORE

1. The administrator of the Customers’ personal data collected via the Online Store is the Seller, Adam Dryś School of Tennis, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 7952401141, REGON 180647940. Address of the place of business and address for deliveries: ul. Generała Józefa Bema 1, 37-700 Przemyśl, e-mail address hq@yourtennis project.com .
2. The Seller processes personal data provided by the Customer, among others, in order to register an account in the Store and provide electronic services, conclude and perform contracts for the sale of Products with the Customer, fulfill legal obligations under the law, accept and consider complaints, investigate and defend against claims conducting direct marketing, conducting correspondence with the Customer in order, for example, to answer the questions asked.
3. The customer has the right to obtain information on the processing of his personal data, access and rectify incorrect or supplement incomplete personal data; requests to limit data processing; object to the processing of personal data as part of the legitimate interest of the Seller; request deletion of personal data in cases provided for by law; withdrawal of consent to the processing of personal data. In order to exercise their rights, the Customer may contact the Customer Service Office or make changes after logging into the Customer’s account.
4. For statistical purposes and improving the quality of the functioning of the Store’s website, the Seller uses information saved by the server on the Customer’s end device, which is then read each time the web browser connects (so-called cookies).
5. Detailed information on the processing of personal data, protection of the Customer’s personal data and cookies can be found on the Store’s website in the “Privacy Policy” tab.

§ 16 INTELLECTUAL PROPERTY
1. All content posted on Your Tennis Project (including graphics, texts, page layout and logos), which does not come from the Customer or other suppliers, enjoys copyright protection and is the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.
2. The client is obliged to use all content posted as part of Your Tennis Project, including training materials, only for personal use. The use of the content in a different scope is allowed only if explicitly indicated by the Seller on the Store’s website.
3. The use of Your Tennis Project, including the use of text and graphic materials, photos, applications, databases or other content, does not mean the acquisition by the Customer of any rights in relation to the indicated content, and in particular, it does not mean the acquisition of proprietary copyrights, related or licenses.
4. It is forbidden to undertake the following activities without the express consent of the Seller:
– copying, modifying and electronically or otherwise transmitting Products, the content of the Store or its parts, as well as individual content made available through it,
– dissemination of the content published on the Your Tennis Project website in any way, downloading the content of databases and its secondary use in whole or in part.

§ 17 FINAL PROVISIONS

1. In matters not covered by the regulations, the provisions of Polish law shall apply, in particular the Act of April 23, 1964 – Civil Code (Journal of Laws of 2020, item 1740, as amended), the Act of May 30, 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344).
2. Any disputes between the Customer and the Seller will be resolved by the competent court in accordance with the Act of November 17, 1964 – Code of Civil Procedure (Journal of Laws of 2020, item 1575, as amended).
3. The consumer may use extrajudicial means of dealing with complaints and pursuing claims.
4. Detailed information on the possibility of using it by the Consumer
out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office Competition Protection
and Consumers:

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.

5. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

a. the right to refer to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller;

b. the right to apply to the voivodship inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings
on the amicable settlement of the dispute between the Consumer and the Seller;

c. the possibility of obtaining free assistance in resolving the dispute between the Consumer and the Seller, in particular free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

6. Changes to the regulations may occur for important reasons, which include:
1) the need to adapt the provisions of the Regulations to the provisions of law having a direct impact on the provision of services and sales by the Store;
2) changing the technical conditions for the provision of electronic services by the Store;
3) introducing new services, expanding or changing the functionality of the Store;
4) changing the conditions or the process of concluding a sales contract by the Store;
5) improving customer service and preventing abuses;
6) change of the Store’s data, in particular names, identification numbers, electronic addresses or links and data included in the Regulations;
7) the need to remove errors, typographical errors or ambiguities from the content of the Regulations.
8. The amended regulations are made available on the Store’s website in the “Regulations” tab and are available in an electronic version and for free download in PDF format.
9. The Seller will inform about the change in the regulations through a message on the Store’s website and by sending notifications to Customers to the e-mail address provided in their accounts (along with the attached regulations in PDF format).
10. The date of entry into force of the amended regulations is at least 7 days from the date of sending the notification about the change to the regulations to the Customer.
11. The amendment to the Regulations does not affect orders placed before the amendment to the Regulations.