TERMS AND CONDITIONS FOR PLACING ORDERS ELECTRONICALLY

§1 GENERAL PROVISIONS

1. These Terms and Conditions (hereinafter: the “Terms”) set out the rules for online sales of goods and/or services specified herein, including, among others, 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 “Terms of Service” free of charge, prior to concluding a Sales Agreement, in a manner that enables the Client to obtain, reproduce and record the content of the Terms using the Client’s ICT System.
3. The Client is obliged to comply with all provisions of the Terms. Orders and sales are conducted on the basis of the current version of the Terms, i.e., the version in force and accepted by the Client at the time the Order is placed.

§2 DEFINITIONS

Whenever the Terms refer to:

1. “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;
2. “Electronic Address” – this shall mean a designation of an ICT System enabling communication by electronic means, in particular email;
3. “Price” – this shall mean the gross value of the Product or service expressed in PLN, including VAT. The Price does not include delivery costs, which depend on the method of delivering the Product to the Client, as well as on the value and size of the Order and service, and is stated when the Client selects the method of delivery of the Product and service. The total cost of the Order (i.e., the Product price together with other costs, including delivery) is indicated in the cart before the Client places the Order;
4. “Personal Data” – this shall mean information about an identified or identifiable natural person;
5. “Client” – this shall mean a natural person with full legal capacity, and in cases provided by universally applicable law also a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality granted legal capacity by statute – placing an Order on the Seller’s website;
6. “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;
7. “Entrepreneur” – this shall mean a natural person, a legal person, or an organizational unit not being a legal person, granted legal capacity by a separate act, conducting business activity, who places an Order on the Seller’s website;
8. “Terms” – this shall mean this document;
9. “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;
10. “Seller” – this shall mean Already Now Sp. z o.o.; Trybunalska 13, 60–325 Poznań, NIP 7792567512, KRS 0001089954, anna@aniaschmidt.com – who operates a website and sells Products or services through it;
11. “Parties” – this shall mean jointly the Seller and the Client;
12. “ICT System” – this shall mean a set of cooperating IT devices and software, providing processing and storage as well as sending and receiving data through telecommunications networks by means of appropriate terminal equipment;
13. “Product” – this shall mean a movable item or a service presented by the Seller on the website which may be the subject of a Sales Agreement. Product photos are for illustration only; Products in photos may differ slightly from their actual appearance due to the Client’s individual computer settings (e.g., color saturation, proportions, etc.);
14. “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;
15. “Distance Contract” – this shall mean a contract concluded with the Client under 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;
16. “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 the ordered Products; type of delivery; price and form of payment; place of delivery, and Client data, constituting an offer to conclude a Sales Agreement between the Client and the Seller.

§3 SUBJECT MATTER OF THE TERMS

1. The Seller enables Clients to place orders electronically.
2. The Seller’s website together with the electronic Order form is not intended for wholesale. If the Client wishes to purchase Products in wholesale quantities, the Client should contact the Seller by email at anna@aniaschmidt.com. If the content of an Order placed via the Service indicates a wholesale character, the Seller may refuse to fulfill such 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 from the Seller or 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 Seller, applicable within Poland. The warranty period for each Product is indicated in its description. Detailed warranty terms are set out in the warranty card issued by the guarantor.
6. The Seller reserves the right to change Product Prices presented on the Client’s website, introduce new Products, remove Products or change their descriptions, and run promotions on the Client’s website, in particular under the terms of a given promotion. Changes do not affect the validity and performance of Orders previously placed by the Client.
7. The Seller provides access to an online-only order form, provided that the Client, at the Client’s own expense, ensures:
   1. computer equipment with an operating system enabling use of the Internet,
   2. Internet connection,
   3. access to an individual email account,
   4. a properly configured up-to-date web browser with cookies enabled (e.g., Mozilla Firefox, Google Chrome, Safari, Opera).
8. The Seller notes that there may be interruptions in online access to the website or the order form, in particular for data updates, system repairs or other maintenance, fixing failures, or implementing necessary adaptations or changes.
9. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the Service, caused by 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 modify website or order-form functionalities, including adding new functions or changing existing ones.

§4 ORDERS AND FULFILLMENT (DIGITAL PRODUCTS)

1. Orders may be placed via the electronic order form on the Seller’s website 24/7.
2. The Client places an order by completing the form and providing data necessary to fulfill the order, including the email address to which the digital product or access will be delivered.
3. To place an order, the Client:
   1. selects the digital product to be purchased by adding it to the cart;
   2. enters personal and contact details necessary to fulfill the order;
   3. selects a payment method from available options;
   4. confirms having read and accepted the Terms and the Privacy Policy;
   5. confirms the order and makes payment.
4. Placing an order constitutes an offer to conclude a sales contract. After placing the order, the Client receives an automatic confirmation to the provided email address.
5. Upon the Client’s receipt of the confirmation, a sales contract for the digital product is concluded.
6. The digital product is made available to the Client:
   • immediately after the payment is credited, but no later than within 3 business days from the date of purchase,
   • for services delivered over time (e.g., mentoring sessions or programs), dates are set individually with the Client; commencement occurs no later than within 14 days, and full delivery within a maximum of 180 days from purchase, unless the product description states otherwise.
7. Digital products are delivered electronically via:
   • access to a closed educational platform,
   • sending a digital file or access credentials to the indicated email address.
8. Payment for the order is made in advance via:
   • electronic payments and cards (via payment operators such as PayU or Przelewy24),
   • traditional bank transfer to the Seller’s account indicated in the form.
9. The Client consents to receiving an electronic invoice (PDF) at 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 case of difficulties accessing a digital product, the Client should 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 Client who is a consumer has the right to withdraw from the contract within 14 days of conclusion, unless the Client requested the service to begin before this period and was informed about the loss of the right of withdrawal;
    • 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 set out in §5 of the Terms;
    • the Seller undertakes to deliver digital content conforming to the contract and to inform the Client of any updates necessary to maintain conformity;
    • if changes to the digital content materially and adversely affect the Client’s access or use, the Seller will notify the Client in advance, allowing the Client to terminate the contract;
    • the Seller is not liable for lack of conformity due to missing updates if the Client was informed of the need to install the update and the consequences of not installing it, and non-conformity results solely from not installing the update;
    • in the event of withdrawal, the Seller will refund all payments received without delay and no later than 14 days from receipt of the withdrawal notice.

Addendum – Digital Products and Individual Services

1. Digital Products Digital products (e.g., ebooks, audio/video recordings, online courses) are made available immediately after payment via email or the educational platform. Under Article 38(13) of the Consumer Rights Act, the Client loses the right of withdrawal if the Client consents to the service beginning before the 14-day period, which is equivalent to starting to use the digital product. During purchase, the Client consents to immediate commencement of performance and acknowledges loss of the right of withdrawal.
2. Individual Services (mentoring, 1:1 consultations) Purchasing mentoring, coaching or consulting services (1:1 sessions) does not transfer responsibility for the results to the Service Provider. The Service Provider does not perform technical or operational actions on behalf of the Client (e.g., creating products, offers, implementations) but provides educational and strategic support based on a jointly agreed schedule. If a session is canceled by the Client with less than 24 hours’ notice, the session is deemed 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. Within the Service, the Seller uses cookies and similar technologies to improve efficiency and offer increasingly advanced functionalities and more tailored advertising. If the Client does not agree to storing and accessing information in cookies, the Client may change cookie settings in the browser or use an opt-out provided by the technology provider. Detailed information on 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.

§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 is not liable for:
   1. blocking by mail-server administrators serving the Client’s email of messages sent by the Seller to the Client’s Electronic Address, and for deletion or blocking of emails by software installed on the Client’s device;
   2. malfunction of the website or order form resulting from the Client’s hardware, software, or Internet access not meeting the technical requirements set out in the Terms;
   3. consequences of the Client providing incorrect or untrue data when placing an Order.
4. The Seller reserves the right to place advertising content anywhere on the website in forms commonly used on the Internet.
5. Subject to mandatory provisions of law, to the maximum extent permitted, the Seller’s liability for damages to Clients who are not Consumers is limited to the amount paid by the Client to the Seller for the given Product, regardless of the source and legal basis of the claim, and liability for lost profits is excluded.

§7 WITHDRAWAL FROM THE SALES AGREEMENT

1. The Consumer is entitled to withdraw from the concluded Sales Agreement without giving reasons within 14 days from receipt of the Order. This period begins:
   1. from the moment the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Product,
   2. if the Sales Agreement covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part,
   3. if the Sales Agreement provides for regular delivery of goods for a fixed period – from taking possession of the first item,
   4. for 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 deadline expires.
3. To exercise the right of withdrawal, the Consumer shall deliver a withdrawal statement to the Seller by email to office@careerpartnersinstitute.com. If the Consumer uses this option, the Seller will promptly send the Consumer confirmation of receipt of the withdrawal on a durable medium (e.g., by email).
4. The Consumer may formulate the withdrawal statement as follows (use of the template is optional):

Statement of Withdrawal 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 for the purchase of the following Products: __________________________

Ordered on (*)/received on (*): ________________________________________

Consumer’s name(s): _________________________________________________

Consumer’s address: _________________________________________________

Consumer’s signature(s) (only for paper statements): ______________________

Date: ______________________________________________________________

(*) delete as appropriate

5. In the event of withdrawal from the Sales Agreement, the contract is deemed not concluded.
6. The Seller will refund to the Consumer all payments received under the Sales Agreement from which the Consumer withdraws, in particular the Product Price and delivery cost; with regard to delivery costs, the Seller is obliged to refund only the cost of the standard, least expensive delivery method offered by the Seller. The Consumer bears the direct costs of returning the Product resulting from the withdrawal.
7. The Seller will refund payments received from the Consumer, including the Product Price and delivery cost, without delay and no later than 14 days from receipt of the Consumer’s withdrawal statement, subject to item 8 below. Refunds will be made using the same payment channel used by the Consumer unless otherwise agreed.
8. The Consumer who has withdrawn shall return the Product to the Seller without delay, but no later than 14 days from withdrawal. The deadline is met if the Product is sent back before it expires. The returned Product should be in a condition not exceeding what is necessary to establish its nature, characteristics and functioning. The Seller may withhold the refund until receipt of the Product or proof of its return, whichever occurs first.
9. The right of withdrawal does not apply to Sales Agreements:
   1. for goods made to the Consumer’s specifications or clearly personalized;
   2. for goods liable to deteriorate or expire rapidly;
   3. for sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
   4. for goods which are, after delivery, according to their nature, inseparably mixed with other items;
   5. for sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
   7. for the supply of digital content not supplied on a tangible medium if the performance has begun with the Consumer’s express consent before the withdrawal period and after being informed of the loss of the right of withdrawal.
10. The rights of the Consumer referred to in this §8 also apply to a Client who is a natural person concluding a contract directly related to their business activity, when the content of the contract shows that it is not of a professional nature for that person, in particular arising from the subject of their business activity disclosed in CEIDG.

§9 PRODUCT DEFECTS. COMPLAINTS

1. The Seller is obliged to deliver a Product free from defects.
2. The Seller is liable to the Client, under statutory warranty, for physical or legal defects of the Product purchased by that Client. In sales that are not consumer sales, the provisions of Articles 556–576 of the Civil Code are excluded, taking into account Articles 556⁴ and 556⁵ of the Civil Code.
3. The Consumer may request a price reduction, defect removal, 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 when the contract is not of a professional nature for that person, in particular considering the business subject disclosed in CEIDG.
4. Complaints and notices related to non-performance or improper performance by the Seller of the Sales Agreement, including Product defects or electronic services specified in the Terms, may be submitted in any form, in particular by email to office@careerpartnersinstitute.com or by post to: Already Now Sp. z o.o., Rondo ONZ 1, 00-124 Warsaw.
5. To facilitate efficient handling, a complaint should include:
   1. Complainant’s data (name/company name and address, Electronic Address),
   2. Description of the event forming the basis of the complaint,
   3. Client’s expectations as to how the claim should be satisfied,
   4. Proof of purchase if the complaint concerns an ordered Product.
6. For complaints concerning Product defects, the Client must deliver the defective Product to the Seller’s address. For Consumers, the delivery cost is covered by the Seller.
7. The Seller will respond to the Client’s complete complaint within 14 calendar days of receipt and inform the Client of further steps.
8. If the complaint is resolved in the Client’s favor, the Seller bears the costs of replacement or repair of the Product.
9. The Client will be informed of the complaint outcome 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 Terms without stating reasons and undertakes to inform the Client of each amendment by posting the consolidated text of the Terms on the “Terms of Service” page. Contracts concluded before amendments are governed by the Terms in force at the time of conclusion.
3. Amendments to the Terms take effect 7 days after their publication on the “Terms of Service” page.
4. In matters not covered by these Terms, the relevant provisions of Polish law apply, in particular the Civil Code and the Consumer Rights Act of 30 May 2014.
5. The Parties will endeavor to resolve any disputes arising from the Sales Agreement amicably. If Parties who are entrepreneurs fail to reach an amicable solution within 60 days from the claim date, the court having jurisdiction over the Seller’s registered office shall be competent.
6. The Seller informs Consumers of the possibility of using out-of-court complaint handling and redress mechanisms, including in particular:
   1. a permanent consumer arbitration court at the Trade Inspection,
   2. mediation before the Provincial Inspector of the Trade Inspection,
   3. assistance from the competent municipal or district consumer ombudsman or a consumer protection organization,
   4. the EU ODR platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.