Terms and Conditions

TERMS AND CONDITIONS FOR PLACING ORDERS BY ELECTRONIC MEANS

§1 GENERAL PROVISIONS

  1. These Terms and Conditions (hereinafter: the “Terms”) set out the rules for conducting online sales of goods or services as specified herein, including, among other things, the submission and fulfillment of Orders, the complaints procedure, rights related to withdrawal from the Sales Agreement, and placing orders.

  2. The Terms are made available to the Client at the address Regulamin Usług free of charge before the conclusion of the Sales Agreement, in a manner that enables the Client to obtain, reproduce, and store the content of the Terms using the Client’s ICT System.

  3. The Client is obliged to comply with all provisions of the Terms. Ordering and sales are conducted on the basis of the current version of these Terms, i.e., the version that is in force and accepted by the Client at the time the Order is placed.

§2 DEFINITIONS

Whenever the Terms refer to:

a. “Personal Data Controller” – this shall mean the Seller who, acting in this role alone or jointly with others, determines the purposes and means of processing Personal Data;
b. “Electronic Address” – this shall mean the designation of an ICT System that enables communication by electronic means, in particular electronic mail;
c. “Price” – this shall mean the gross value of a Product or service expressed in PLN, including VAT. The Price does not include delivery costs, which depend on how the Product is delivered to the Client as well as the value and size of the Order and service, and are provided when the Client selects the Product and service delivery method. The total cost of the Order (i.e., the price of the Product together with other costs, including delivery costs) is indicated in the cart before the Client places the Order;
d. “Personal Data” – this shall mean information relating to an identified or identifiable natural person;
e. “Client” – this shall mean a natural person with full legal capacity, and in the cases provided for by generally applicable law a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality to which the law grants legal capacity—placing an Order on the Seller’s website;
f. “Consumer” – this shall mean a Client who is a natural person, in particular making purchases not directly related to the Client’s business or professional activity;
g. “Entrepreneur” – this shall mean a natural person, legal person, or organizational unit not being a legal person, to which a separate act grants legal capacity, conducting business activity, who places an Order on the Seller’s website;
h. “Terms” – this shall mean this document;
i. “GDPR” – this shall mean Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016);
j. “Seller” – this shall mean Already Now Sp. z o.o.; 00-124 Warsaw, NIP 7792567512, KRS 0001089954, anna@aniaschmidt.com – who operates a website and, via that website, sells Products or services;
k. “Parties” – this shall mean jointly the Seller and the Client;
l. “ICT System” – this shall mean a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for a given type of telecommunications network, within the meaning of the Act of 16 July 2004 – Telecommunications Law (consolidated text: Journal of Laws of 2021, item 576, as amended);
m. “Product” – this shall mean a movable item or service presented by the Seller on the website that may be the subject of a Sales Agreement. Product photos are for illustrative purposes; this means that Products in photos may slightly differ from their actual appearance due to the Client’s individual computer hardware settings (e.g., color saturation, proportions, etc.);
n. “Sales Agreement” – this shall mean a distance contract under which the Seller sells a Product to the Client in accordance with the rules set out in the Terms;
o. “Distance Contract” – this shall mean a contract concluded with the Client as part of an organized system for concluding distance contracts without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication;
p. “Order” – this shall mean the Client’s declaration of intent submitted via an electronic form made available by the Seller specifying: the type and quantity of Products ordered; the type of delivery; the price and form of payment; the place of delivery, Client data—constituting an offer to conclude a Sales Agreement between the Client and the Seller.

§3 SUBJECT OF THE TERMS

  1. The Seller provides the possibility for Clients to place orders by electronic means.

  2. The Seller’s website together with the electronic Order form is not intended for wholesale sales. If the Client wishes to purchase Products in wholesale quantities, the Client should contact the Seller by email by sending an inquiry to anna@aniaschmidt.com. If the content of an Order placed via the Service indicates that the Order is of a wholesale nature, the Seller has the right to refuse to fulfill such an Order and will inform the Client accordingly.

  3. Information about Products posted on the Client’s website does not constitute an offer within the meaning of the Civil Code, but an invitation to make an offer within the meaning of Article 71 of the Civil Code.

  4. Information about Products posted on the Client’s website is not equivalent to the availability of those Products at the Seller and the possibility of fulfilling the Order.

  5. Products presented on the Client’s website may be covered by a warranty of the manufacturer, importer, or the Seller, effective within the territory of Poland. The warranty period for each Product is indicated in its description. Detailed terms of the warranty are set out in the warranty card issued by the guarantor.

  6. The Seller reserves the right to change the Prices of Products presented on the Client’s website, introduce new Products to the offer, remove Products from the offer or change their descriptions, conduct promotional campaigns on the Client’s website, in particular based on the terms of a given promotion. The changes introduced do not affect the effectiveness and performance of Orders previously placed by the Client.

  7. The Seller provides the Client with access to a form intended for placing orders electronically only online and subject to the Client ensuring at the Client’s own expense:
    a. computer hardware with an operating system allowing the use of Internet resources;
    b. an Internet connection;
    c. access to an individual email account;
    d. a properly configured, up-to-date browser with cookies enabled (e.g., Mozilla Firefox, Google Chrome, Safari, Opera).

  8. The Seller notes that online access to the Seller’s website or the order form may be interrupted, in particular for the purpose of data updates, system repairs or other maintenance work, fixing failures, and introducing necessary adaptations, changes, and similar actions.

  9. To the broadest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions, in the functioning of the Service due to force majeure, unlawful actions of third parties, or incompatibility of the Seller’s website with the Client’s technical infrastructure.

  10. The Seller reserves the right to change the functionality of the website or order form, both by adding new functions and by changing existing functionality.

§4 ORDERS AND FULFILLMENT (DIGITAL PRODUCTS)

  1. Orders may be placed via the electronic order form available on the Seller’s website 24/7.

  2. The Client places an order by completing the form, providing the data necessary to fulfill the order, including the email address to which the digital product or access to it will be delivered.

  3. To place an order, the Client:
    a. selects the digital product to be the subject of the sales contract by adding it to the cart;
    b. enters the personal and contact details necessary to fulfill the order;
    c. chooses a payment method from the available options;
    d. confirms having read and accepted the Terms and the Privacy Policy;
    e. confirms the order and makes the payment.

  4. Placing an order constitutes an offer to conclude a sales contract. After placing the order, the Client receives an automatic confirmation of receipt of the order to the email address provided.

  5. Upon receipt of the confirmation by the Client, a sales contract for the digital product is concluded.

  6. The digital product is made available to the Client:
    a) immediately after the payment is booked, but no later than within 3 business days from the date of purchase,
    b) in the case of services spread over time (e.g., mentoring sessions or programs), dates are agreed individually with the Client, with the commencement no later than within 14 days and full performance within a maximum of 180 days from the date of purchase, unless the product description states otherwise.

  7. Digital products are delivered electronically—via:
    a) access to a closed educational platform,
    b) sending a digital file or access data to the indicated email address.

  8. The Client may pay for the order in advance via:
    a) electronic payments and card payments (through payment operators such as PayU or Przelewy24),
    b) traditional bank transfer to the Seller’s account, as shown in the form.

  9. The Client consents to the issuance and delivery of an electronic invoice (PDF) to the indicated email address without the need for signatures.

  10. Digital products do not require physical delivery—the Client does not select a shipping method.

  11. In the event of difficulties accessing a digital product, the Client is requested to contact store support by email. The Seller will make efforts to resolve the issue within a maximum of 3 business days.

  12. Additionally, pursuant to applicable law, the Seller informs that:
    a) a Client who is a consumer has the right to withdraw from the contract within 14 days of its conclusion, unless the Client requested commencement of the service before the expiry of that period and was informed of the loss of the right of withdrawal;
    b) in the event of non-conformity of the digital content with the contract, the Client has the right to submit a complaint in accordance with the procedure described in §5 of the Terms.

  13. The Seller undertakes to provide digital content that conforms with the contract and to inform the Client of all updates necessary to maintain conformity of the digital content with the contract.

  14. If changes are introduced to the digital content that materially and negatively affect the Client’s access to or use of it, the Seller will inform the Client in advance, enabling the Client to terminate the contract.

  15. The Seller is not liable for the lack of conformity of the digital content with the contract resulting from a lack of updates if the Client was informed of the need to install the update and the consequences of not installing it, and the non-conformity results solely from the lack of that update.

  16. In the event of withdrawal from the contract, the Seller undertakes to refund all payments received without undue delay, no later than within 14 days from the date of receipt of the withdrawal statement.

Addendum to the Terms – Digital products and individual services

Digital products
Digital products (e.g., ebooks, audio/video recordings, online courses) are made available immediately after payment, via email or an educational platform.

Pursuant to Article 38(13) of the Consumer Rights Act, the Client loses the right to withdraw from the contract if the Client consented to the commencement of the service before the lapse of 14 days from purchase, which is tantamount to starting to use the digital product.

At the time of purchase, the Client consents to the immediate commencement of performance and acknowledges the loss of the right of withdrawal.

Individual services (mentoring, 1:1 consultations)
Purchasing a mentoring, coaching, or consulting service (individual 1:1 sessions) does not transfer responsibility for work outcomes to the Service Provider.

The Service Provider does not perform technical or operational actions on behalf of the Client (e.g., creation of products, offers, implementations), but provides educational and strategic support—based on a jointly agreed schedule.

If the Client cancels an individual session with less than 24 hours’ notice, the session is considered used.

§5 PERSONAL DATA PROTECTION

  1. As the Personal Data Controller, the Seller makes every effort to ensure all possible physical, technical, and organizational measures to protect Personal Data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use, or access, in accordance with all applicable laws, including the GDPR.

  2. As part of the Service, the Seller uses cookies and other similar technologies to improve efficiency and offer the Client increasingly refined functionalities of the Service and more tailored advertising. If the Client does not agree to the storing and retrieval of information in cookies, the Client may change cookie rules via the browser settings or use an opt-out on the provider’s website of the given technological solution. Detailed information regarding the technologies used by the Seller is available in the Cookies Policy.

  3. More information on the processing of Personal Data by the Seller can be found in the Privacy Policy @(link).

§6 LIABILITY

  1. The Client is obliged to use the Seller’s website and the Order form as intended and refrain from any activity that could disrupt its proper functioning.

  2. The Client bears full responsibility for the correctness, scope, completeness, content, and legal compliance of the data entered into the Order form.

  3. To the extent permitted by law, the Seller shall not be liable for:
    a. blocking by administrators of email servers that handle the Client’s email of messages sent by the Seller to the Client’s Electronic Address, and for deletion or blocking of emails sent by the Seller by software installed on the computer equipment used by the Client;
    b. incorrect operation of the Seller’s website or the order form resulting from the fact that the Client’s computer hardware, software, or Internet access do not meet the technical requirements indicated in the Terms;
    c. consequences of the Client providing incorrect or untrue Client data when placing the Order.

  4. The Seller reserves the right to place advertising content in any part of the website in forms used on the Internet.

  5. Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller’s liability for damage caused to Clients who are not Consumers is limited to the amount the Client paid the Seller for the given Product, regardless of the source and legal basis of the claim by a Client who is not a Consumer, and liability for lost profits is excluded.

§7 WITHDRAWAL FROM THE SALES AGREEMENT

  1. A Consumer is entitled to withdraw from a Sales Agreement without giving any reason within 14 days from the date of receipt of the Order. This period begins:
    a. from the moment the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Product;
    b. where the Sales Agreement covers multiple Products delivered separately, in batches or in parts—from taking possession of the last Product, batch, or part;
    c. where the Sales Agreement provides for regular delivery of items for a fixed period—from taking possession of the first item;
    d. in other cases—from the date of conclusion of the Sales Agreement.

  2. To meet the withdrawal deadline, it is sufficient for the Consumer to send a notice of exercising the right of withdrawal before the withdrawal period expires.

  3. To exercise the right of withdrawal from the Sales Agreement, the Consumer must deliver a withdrawal statement to the Seller, sent to the Electronic Address office@careerpartnersinstitute.com. If the Consumer uses this option, the Seller will promptly send the Consumer a confirmation of receipt of the withdrawal notice on a durable medium (for example by email).

  4. The Consumer may formulate the withdrawal statement as follows (use of the following is not mandatory):

Withdrawal Statement from the Sales Agreement

Already Now sp. z o.o.
Rondo ONZ 1, 00-124 Warsaw
office@careerpartnersinstitute.com

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following Products: ____________________________________________________

Ordered on ()/received on (): ____________________________________

Name(s) and Surname(s) of the Consumer(s): __________________________

Address of the Consumer(s): ________________________________________

Signature of the Consumer(s) (only if this form is submitted on paper): _______________________

Date: _____________________________________________________________

(*) delete as appropriate

  1. In the event of withdrawal from the Sales Agreement, the contract is deemed not concluded.

  2. The Seller shall refund to the Consumer all payments received related to the Sales Agreement from which the Consumer withdraws, in particular the Product Price and the cost of delivery; however, with regard to delivery costs, the Seller is obliged to refund only the cost of the ordinary, least expensive method of delivery offered by the Seller. The direct costs of returning the Product resulting from the Consumer’s withdrawal from the Sales Agreement shall be borne by the Consumer.

  3. The Seller shall reimburse the payments received from the Consumer, including the Product Price and delivery cost, without undue delay, but no later than 14 days from the date of receipt of the Consumer’s withdrawal statement, subject to para. 8 below. The refund shall be made using the same payment method that the Consumer used to pay for the Product, unless the Seller and the Consumer agree otherwise.

  4. A Consumer who has withdrawn from the Sales Agreement is obliged to return the Product to the Seller without delay, but no later than 14 days from the date of withdrawal. The deadline is met if the Product is sent back before it expires. The returned Product should be kept in a condition not exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product. The Seller may withhold the refund until receipt of the item or until the Consumer provides proof of its return shipment, whichever occurs first.

  5. The right of withdrawal from the Sales Agreement does not apply to the Consumer in relation to contracts:
    a. where the subject of performance is a non-prefabricated item, manufactured to the Consumer’s specifications or serving to satisfy the Consumer’s individualized needs;
    b. where the subject of performance is an item prone to rapid deterioration or having a short shelf life;
    c. where the subject of performance is an item delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;
    d. where the subject of performance consists of items which, after delivery, by reason of their nature, are inseparably connected with other items;
    e. where the subject of performance is audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
    f. the supply of newspapers, periodicals, or magazines, except for subscription contracts;
    g. the supply of digital content not supplied on a tangible medium if performance has begun with the Consumer’s express consent before the withdrawal period has expired and after being informed by the trader of the loss of the right of withdrawal.

  6. The rights of the Consumer referred to in this §7 also apply to a Client who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it does not have a professional character for that person, in particular arising from the subject of the business activity performed by that person as made available under the provisions on the Central Register and Information on Economic Activity.

§9 DEFECTS OF GOODS. COMPLAINTS

  1. The Seller is obliged to deliver a Product free from defects to the Client.

  2. The Seller is liable to the Client, on the basis of warranty, for physical or legal defects of the Product purchased by that Client. In the case of sales that are not consumer sales, the provisions contained in Articles 556–576 of the Civil Code are excluded, with consideration of Articles 556^4 and 556^5 of the Civil Code.

  3. The Consumer has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one, or withdrawal from the Sales Agreement. This right also applies to a Client who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it does not have a professional character for that person, in particular arising from the subject of the business activity performed by that person as made available under the provisions on the Central Register and Information on Economic Activity.

  4. The Client may submit complaints and information related to non-performance or improper performance by the Seller of the Sales Agreement, including Product defects, or the provision of electronic services specified in the Terms in any form, in particular by email to office@careerpartnersinstitute.com or by post to the Seller: Already Now Sp. z o.o., Rondo ONZ 1, 00-124 Warsaw.

  5. For efficient processing, the complaint should contain:
    a. Complainant’s data (name and surname/name and address of the Client, Electronic Address);
    b. Description of the event forming the basis of the complaint;
    c. The Client’s expectations as to how the complaint should be resolved;
    d. Proof of purchase, if the complaint concerns an ordered Product.

  6. For complaints concerning Product defects, the Client is obliged to deliver the defective Product to the Seller’s address. In the case of a Consumer, the cost of delivery is borne by the Seller.

  7. Within 14 (fourteen) calendar days of receiving a complete complaint, the Seller will respond to the Client’s complaint and inform the Client of further steps related to handling the complaint.

  8. If the complaint is resolved in the Client’s favor, the costs of replacing or repairing the Product shall be borne by the Seller.

  9. The Client will receive information on how the complaint was handled by email to the Electronic Address provided in the complaint.

§10 FINAL PROVISIONS

  1. These Terms enter into force on 01.08.2024.

  2. The Seller reserves the right to unilaterally amend the provisions of the Terms without having to justify the reasons for such amendment and undertakes to inform the Client of each change by posting the consolidated text of the Terms at Regulamin Usług. Contracts concluded before the amendment of the Terms are governed by the Terms in force at the time the Contract was concluded.

  3. Amendments to the Terms take effect 7 days after their content is made available at Regulamin Usług.

  4. In matters not regulated by these Terms, the relevant provisions of Polish law shall apply, in particular the provisions of the Civil Code of 23 April 1964 (consolidated text: Journal of Laws of 2022, item 1360, as amended) and the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287, as amended).

  5. Any disputes arising from the performance of the Sales Agreement shall be resolved amicably by the Parties. If the Parties who are entrepreneurs fail to reach an amicable settlement within 60 days from the date the claim is made, the court having jurisdiction over the Seller’s registered office shall be competent to finally resolve the dispute.

  6. The Seller informs a Client who is a Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. These include in particular:
    a. a permanent consumer arbitration court operating at the Trade Inspection;
    b. mediation proceedings to amicably conclude a dispute between the Client and the Seller, conducted before the Provincial Inspector of the Trade Inspection;
    c. assistance in resolving a dispute between the Client and the Seller provided by the competent Poviat (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection;
    d. the EU’s Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

 
 

Ania Schmidt

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anna@careerpartnersinstitute.com

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