Welcome!
If you have come here, it means that you value your privacy. We understand it, that’s why we hand over to you a document with
the rules for processing of your data and the use of cookies and other tracking technologies on our website https://oxybed.studio/
The website administrator is OxyBed.
Bolesława Śmiałego 79 C
80 – 414 Gdańsk
In case of any doubts related to the regulations, you can contact us at biuro@oxybed.studio.
§ 1
Definitions
For these Regulations, we use the following meanings:
Buyer – a natural person, legal person or defective legal person,
Consumer – a natural person concluding a contract with the seller not related directly to his business or professional activity,
Regulations – these regulations are available at https://oxybed.studio,
Store – online store available at https://oxybed.studio/sklep/
Seller – OxyBed, conducting / conducting business activity under the company „Oxy Bed Jolanta Krawczyk”, Bolesława Chrobrego 79 C, 80 – 414 Gdańsk, Tax number: 7731897362.
§ 2
Preliminary Provisions
The seller sells digital content and provides the buyer with electronic services described in § 3 of the regulations.
The regulations define the terms and conditions of using the store, as well as the rights and obligations of the seller and buyer.
To purchase in the store, it is not necessary to meet the specific technical conditions on the buyer’s computer or another device. Sufficient are:
- internet access,
- the standard operating system,
- standard web browser,
- an active email address.
- To use digital content, the buyer’s computer or other devices must provide the following technical conditions:
- internet access,
- the standard operating system,
- standard web browser,
- standard office suite ( Microsoft Office, OpenOffice, LibreOffice),
- standard .pdf file viewer (AdobeReader),
- a standard video player (WindowsMediaPlayer),
- an active email address.
If the use of digital content requires the fulfillment of additional technical conditions, we indicate these conditions in the description of digital content in the store.
The buyer cannot make the purchase anonymously or under a pseudonym.
It is forbidden to provide illegal content in particular by sending such content as part of the forms available in the store.
All prices in the store are gross prices.
§ 3
Services provided electronically in the store
The seller provides electronic services to the buyer. The basic service provided electronically allows the buyer to place an order in the store, and to sign a contract with the seller. Placing an order is possible without having an account in the store.
If the buyer decides to set up an account in the store, the seller provides an electronic service that allows the buyer to do it and maintain an account in the store. The account stores the buyer’s data and the history of purchase. The buyer logs into the account by using email and password.
To create an account in the store, the buyer needs to select the appropriate checkbox in the ordering process or to complete an independent account registration form available in the store. The buyer may delete the account from the account management panel or send a request to the seller at any time. Deleting an account will not erase information about the purchase. The seller will keep this information until the expiration of the limitation period for claims from the contract concluded in the store unless the buyer disagrees, earlier, to store it and the seller will not have an overriding interest in keeping that data.
If the buyer decides to subscribe to the newsletter, the seller also provides the buyer with an electronic service that allows receiving an e‑mail about new products, promotions, products, or services. The subscription to the newsletter takes place by completing and sending the subscription form to the newsletter, or by checking the appropriate checkbox in the ordering process. The buyer may unsubscribe from receiving the newsletter by clicking on the unsubscribe button visible in every message sent as part of the newsletter or by sending an appropriate request to the seller at any time.
Services provided electronically to the buyer are free of charge. On the other hand, contracts for the supply of digital content concluded through the store are payable.
To ensure the security of the buyer and the transfer of data, the seller should take technical and organizational measures appropriate for the level of risk of losing the security of the provided services, in particular, measures to prevent the acquisition and modification of data by unauthorized persons.
The seller ensures the proper functioning of the store. The buyer should inform the seller about any irregularities or interruptions in the functioning of the store.
The seller ensures the proper functioning of the store. The buyer should inform the seller about any irregularities or interruptions in the functioning of the store.
The buyer may complain about any malfunctioning of the store at biuro@oxybed.studio. In the complaint, the buyer should specify the type and date of the malfunctioning of the store. The seller considers all complaints within 30 days after receiving it and informs the buyer about its settlement via e‑mail of the person filing the complaint.
§ 4
Intellectual Property Rights
The Seller instructs the buyer that the content available on the store’s pages and digital content sold through the store can be defined as „works” within the meaning of the Act of February 4, 1994, on Copyright and Related Rights. The copyright of the digital content belongs to the seller.
The seller instructs the buyer that further distribution of copyrighted content by the buyer without the consent of the seller, except for the use of content as part of permitted personal use, is a violation of the seller’s copyright and may result in civil, or criminal responsibility.
§ 5
Conclusion of contract
The buyer can place an order as a registered customer or as a guest. The registered customer is the buyer who has an account in the store. The buyer can set up an account by selecting the appropriate checkbox in the ordering process or by completing the independent account registration form available in the store.
If the buyer has an account in the store, he should log in to it before placing the order. Logging in is also possible when placing an order by clicking on the link available under the displayed message.
Placing an order is completed in the order form after adding digital content to the buyer’s basket. It is required to provide the data necessary to complete the order. The condition of placing an order is the approval of the regulations. The buyer should read them first. In case of any doubts regarding the regulations, the buyer may contact the seller.
To complete the ordering process, the buyer needs to click the button to finalize the order. Finalizing the order means that buyer signs a contract with the seller for the supply of digital content.
If the buyer chose online payment, after finalizing the order, he is redirected to the external payment gateway to make the payment for the order. If the buyer chose to pay by bank transfer, after finalizing the order, he is redirected to the store’s website with the order confirmation and payment instructions. The buyer should make the payment for the order within three days after the conclusion of the contract.
§ 6
Payment
The only payment option available in the store is electronic payment.
Electronic payments, including card payments, are supported by TPay.
If the buyer asks for an invoice, it will be delivered to the buyer electronically at the e‑mail provided in the order form.
§ 7
Performance of the contract
The buyer receives ordered digital content by e‑mail provided by him in the order form a message containing instructions for downloading or accessing the purchased digital content.
In the case of online courses, the buyer gets access to the account within the exchange platform. The buyer receives the access data in the e‑mail message referred to in paragraph 1 above.
In the case of online courses, access to the content included in the course may be limited in the time given in the information contained in the description of the course on the store’s website. In such a situation, after the indicated period, the buyer will lose access to the course.
In the case of online courses, the buyer must use the course platform in a manner consistent with the law, the regulations and decency, in particular:
To use the platform in a way that does not interfere with the use of the platform by other users, without violating any rights, goods or interests of third parties, without negatively affecting the functioning of the platform, especially through the use of malicious software,
do not disclose access data to your account on the platform to any third parties,
do not distribute the course or its fragments without the prior consent of the seller.
If you use the exchange rate platform in a manner contrary to paragraph 4 above, the seller reserves the right to block the buyer’s access to the course.
§ 8
Withdrawal of the consumer from the contract
A consumer who has a distance contract with the seller has the right to withdraw from the contract without giving a reason within 14 days after the date of the contract.
From 01/06/2020, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on Consumer Rights applies to a natural person who concludes a contract directly related to his business. The content of this contract indicates that it has no professional character for this person. The provisions of the Central Register and Information on Economic Activity are the legal basis for the business activity. Therefore, this paragraph refers to the consumer’s rights, from 01/06/2020 these rights also apply to a person who meets the above criteria.
The right to withdraw from a distance contract is not entitled to the consumer concerning:
- contracts for the supply of digital content not saved on a tangible medium,
- if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
To withdraw from the contract, the consumer must inform the seller about his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post, fax, or e‑mail.
The consumer may use the model withdrawal form available at https: // …………… but this is not mandatory.
To withdraw from the contract before the deadline, the consumer needs to send information regarding the consumer’s right to withdraw from the contract before the deadline of withdrawing from the contract.
In the withdrawal from the contract, the seller returns to the consumer all payments received from the consumer immediately, no later than 14 days from the day when the seller was informed about the withdrawal from the contract.
§ 9
Responsibility for defects
The seller is obliged to provide the buyer with digital content free of defects.
The seller is responsible if the digital content has a physical or legal defect (warranty for defects).
If the buyer finds a defect in the digital content, he should inform the seller about it, at the same time, specify his claim related to the found defect, or make a statement of relevant content.
The buyer may use the complaint form available at https: // .….….…… however, it is not mandatory.
The buyer may contact the seller via e‑mail.
The seller should respond to the complaint filed by the buyer within 14 days from the date of delivery of the complaint. The seller should send his response using the same channel he received the complaint.
From 01/06/2020, the provisions regarding the seller’s warranty for defects of a sold item regarding consumers also apply to a natural person concluding a contract with the seller directly related to his business. If the content of this contract indicates that he does not have persons of a professional nature, resulting in particular from the subject of their business activities, based on the provisions of the Central Register and Information on Economic Activity.
§ 10
Personal data and cookies
The administrator of the buyer’s data is the seller. The buyer’s data is processed for the following purposes and based on the following legal grounds:
conclusion and performance of the contract, article 6, clause 1, letter b, GDPR,
implementation of tax and accounting obligations, article 6, clause 1, letter c, GDPR,
defense, investigation, or determination of claims related to the contract, which is the legitimate interest pursued by the seller, article 6, clause 1, letter f GDPR,
returning customer identification, which is the legitimate interest pursued by the seller, article 6, clause 1, letter f, GDPR,
handling inquiries by buyers not yet concluding a contract, which is the
the legitimate interest pursued by the seller, article 6, clause 1, letter f, GDPR,
sending the newsletter, after prior consent, article 6, clause 1, letter f, GDPR.
The recipients of the buyer’s data are:
tax offices, accounting office, law office, hosting provider, invoicing system provider, CRM system provider, and mailing system provider.
Due to the use of the MailChimp mailing system, data of newsletter’s subscribers are transferred to the United States of America (USA) in connection with their storage on servers located in the USA. The MailChimp system provider guarantees an appropriate level of data protection through appropriate compliance mechanisms (Privacy Shield).
The seller stores the buyer’s data in his database throughout the business, to be able to identify the returning customer. However, the buyer can object to this action, and demand the removal of his data from the seller’s database. If such an objection is submitted, before the expiry of the limitation period for claims under the concluded contract, the seller has an overriding interest in storing the buyer’s data until the expiry of the limitation period. The seller store the accounting documentation containing the buyer’s data for the period required by law.
Buyer’s rights related to the processing of personal data: the right to request from the seller access to personal data, rectification, deletion, processing restrictions, the right to object to processing, the right to transfer data, the right to lodge a complaint to the President of the Office for Personal Data Protection.
Providing data by the buyer is voluntary, but necessary to contact the seller, create a user account, conclude a contract, or subscribe to the newsletter. The store uses cookies technology. Details related to personal data and cookies described in the privacy policy are available at .….……
§ 11
Out-of-court complaint consideration and redress methods
The seller agrees to submit any disputes arising in connection with concluded contracts for the supply of digital content through mediation. The parties of the conflict determine the details. The consumer has the option of using out-of-court complaint handling and redress methods.
Among other things, the consumer has the option to:
refer to a permanent amicable consumer court with a request to settle the dispute arising from the concluded contract,
asking the provincial inspector of Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the buyer and the seller,
use the assistance of a municipal consumer ombudsman or social organization whose statutory tasks include consumer protection.
More detailed information on out-of-court complaint consideration and redress methods at http://polubowne.uokik.gov.pl.
The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.
§ 12
Final Provisions
The Seller reserves the right to introduce and revoke offers, promotions and to change the prices of products without prejudice against rights acquired by the buyer, including in particular the terms of the contracts concluded before the change.
The seller reserves the right to make changes to the regulations. Agreements concluded before the amendment to the regulations should be subject to the regulations in force on the date of the conclusion of the agreement.
Polish common court competent for the place of permanent business activity of the seller investigates all disputes concerning the concluded contracts.
This provision does not apply to consumers with the court’s jurisdiction is examined on general principles. From 01.06.2020, this provision also does not apply to a natural person concluding a contract with the seller directly related to his business. If the content of this contract indicates that it does not have a professional character for that person, and the business activity is under the provisions of the Central Register and Information on Economic Activity. In the case of such a person, the court’s
jurisdiction is on general principles. These regulations should apply from 01/05/2020. All archived versions of the regulations are available for download in .pdf format – the links are below the regulations.