Rules

Online Store Regulations

Chapter I. General Information

§ 1

This Regulation defines the rules for using the online store: untold.com.pl/store (hereinafter referred to as the “Store”), placing orders for products available in the Store, delivering ordered products to the Buyer, paying the selling price of products by the Buyer, the Buyer’s right to withdraw from the contract, and the rules for submitting and handling complaints.

§ 2

Orders are placed through the website: untold.com.pl to the Seller, who is the entity: Aleksandra Strugalska conducting business under the name FIDELIO Aleksandra Strugalska, ul. Zbąszyńska 4, room 1, Łódź 91-342, NIP: 726 254 78 32.

§ 3

The subject of the Store’s activity is the sale of the following Virtual Products:

ebook;
audiobook;
video course;
online consultations (advisory service);

§ 4

All prices stated in the online Store are gross prices expressed in Polish zlotys and include VAT. The prices of products do not include any delivery costs. If applicable, this cost will be added when placing an order.
The Seller reserves the right to change the prices of Products in the Store’s offer, introduce new products to the Store’s offer, carry out and cancel promotional campaigns in the Store, or make changes to them. The introduced changes must not affect the effectiveness or manner of executing previously placed orders.
The Buyer is obliged to comply with this Regulation.

§ 5

The Regulation applies to orders that are fulfilled within the territory of the Republic of Poland. Orders outside the country’s borders will be fulfilled based on separate agreements made between the Seller and the Buyer.

Chapter II. Procedure for Placing and Fulfilling Orders

§ 6

To create an account for the Buyer, the Buyer is required to complete a free Registration on the untold.com.pl website.
Registration is not necessary to place an Order.
For Registration, the Buyer fills out the registration form available on the Store’s website and submits the completed form electronically by choosing the appropriate option in the form.
While filling out the registration form, the Buyer has the opportunity to familiarize themselves with the Regulation, accepting its content by marking the appropriate checkbox.
After submitting the completed registration form, the Buyer receives confirmation of Registration promptly, electronically, to the email address provided in the registration form.

§ 7

The information on the Store’s website does not constitute an offer by the Seller within the meaning of the Civil Code but only an invitation for the Buyer to submit offers to conclude a Sales Agreement.
Orders through the Store’s website can be placed 24 hours a day, 7 days a week.
In order to place an order, the Buyer who has registered performs the following actions:
1. log in to the Buyer’s Account using the email address and password chosen during Registration;
2. add the selected Product to the cart;
3. after completing the entire Order – choose the type of delivery and payment;
4. choose the place/method of product delivery;
5. provide basic data, including personal data enabling contact and shipment if different from that provided during registration;
6. place an order in the Store by using the order confirmation button;

To place an order without registration, the Buyer performs the following actions:
1. 1. add the selected Product to the cart;
  2. provide the email address;
  3. after completing the entire Order – choose the type of delivery and payment;
  4. choose the place/method of product delivery;
  5. provide basic data, including personal data enabling contact and shipment;
  6. place an order in the Store by using the order confirmation button;
By placing an Order, the Buyer submits an offer to the Seller to conclude the Agreement. After placing an order, according to the procedure specified in paragraphs 3 or 4 above, the Buyer promptly receives electronic confirmation of placing the Order and accepting the Order for execution at the email address provided during Registration or when placing the Order. Information about accepting the Order for execution is the Seller’s statement of acceptance of the offer referred to above, and from the moment of its receipt, the Agreement is concluded.

§ 8

The order processing time is from 24 hours to 7 business days. Order processing begins upon receipt of funds into the FIDELIO Aleksandra Strugalska company’s account or, in the case of another payment method, after confirmation by the Store of the order acceptance. Payment should be made within 3 business days.
Orders placed on weekdays after 3:00 PM, on Saturdays, as well as on Sundays and holidays, will be processed on the next business day.
In case of no payment confirmation or circumstances preventing the complete or temporary execution of the placed Order, the Seller reserves the right to suspend order processing. The Seller undertakes to immediately inform the Buyer of the situation.
In case of no confirmation of order fulfillment or response to the emailed question, the Seller asks for contact at the email address: kontakt@untold.com.pl.

§ 9

The Buyer can choose one of the available payment methods:

Paybylink – An online payment system that acts as an intermediary between individuals and services, online stores. Acceptance of Visa, MasterCard, and other cards, as well as fast internet transfers (such as mTransfer, iPko) and phone payments (BLIK).

Order fulfillment with online payment occurs after the Agreement is concluded, and the Buyer’s payment is credited to the Seller’s account. The purchased product, along with the proof of purchase, is sent by the chosen delivery method selected by the Buyer.
Product delivery will be possible in the following way:

a) in the case of a virtual product like an ebook – The product will be sent in the form of a PDF file to the specified email address – delivery time: immediately after payment is credited. b) in the case of a virtual product like an audiobook – The product will be sent in the form of a link to download the audio file to the specified email address – delivery time: immediately after payment is credited. c) in the case of a virtual product like a video course – The product will be sent in the form of a link to download the video file to the specified email address – delivery time: immediately after payment is credited. d) in the case of a virtual product like online consultations – The product will be sent in the form of a PDF file to the specified email address – delivery time: immediately after payment is credited. The service completion date will be individually agreed with the Buyer within 7 days from the date of purchase.

The ordered products are delivered in the manner and to the place indicated by the Buyer during registration or order placement.
When the product is ready for pickup/shipping, information about order fulfillment and possibly how to use the product is sent to the Buyer’s email address.
Upon delivery of the product, the Buyer is obliged to examine it for compliance with the Order.
Depending on the Buyer’s choice, a receipt or VAT invoice is included with the shipment of the ordered product.

Chapter III. Product availability

§ 10

The condition for order fulfillment is the availability of the product in the Store’s warehouse. In the case of unavailability of some or all of the products that make up the order, the customer is informed by email and asked to decide on further execution. This can be canceling the order, fulfilling it incomplete without missing products, longer waiting for fulfillment, or choosing another product in place of the missing one.

Chapter IV. Right of withdrawal from the contract

§ 11

The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision, and to contracts for the provision of services if the Seller has fully performed the service with the explicit consent of the consumer, who has been informed before the commencement of the service that after the Seller’s performance, the right to withdraw from the contract will be lost, as well as to contracts for the supply of digital content not stored on a tangible medium if the performance of the service began with the explicit consent of the consumer before the expiration of the withdrawal period and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
Pursuant to Article 27 of the Act of May 30, 2014, on consumer rights (consolidated text: Journal of Laws of 2020, item 287; hereinafter referred to as the “Act”), the Consumer, subject to paragraph 1, has the right to withdraw from a contract concluded outside the business premises or concluded at a distance, without giving any reason and without incurring costs, with the exception of the costs specified in Article 33, Article 34 of the Act. The aforementioned right to withdraw from a contract concluded outside the business premises or concluded at a distance also applies to natural persons concluding a contract directly related to their economic activity, if it results from the content of this contract that it does not have a professional character for these persons within the meaning of Article 556 (4) of the Civil Code. Other entrepreneurs are not entitled to withdraw from the contract.
The deadline for withdrawal from a distance or off-premises contract is 14 days from the moment the consumer or a third party designated by the consumer takes possession of the product, and in the case of a contract that: covers many products that are delivered separately, in batches, or in parts – from taking possession of the last product, batch, or part, involves regular delivery of the product for a specified period – from taking possession of the first goods; and for other contracts – from the day of concluding the contract.
To exercise the right of withdrawal from the contract, you must inform the Seller, i.e., Aleksandra Strugalska conducting business under the name FIDELIO Aleksandra Strugalska, email address: kontakt@untold.com.pl, of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or electronic mail). You can use the withdrawal form available on the website: untold.com.pl, but this is not mandatory. You can also fill out and send the withdrawal form or any other unequivocal statement electronically. If you use this option, we will immediately send you confirmation of receiving information about withdrawal from the contract on a durable medium (e.g., by email).
To meet the withdrawal deadline, it is sufficient to send a statement of withdrawal from the contract before the expiration of the deadline.
The consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but not later than 14 days from the day on which the consumer withdrew from the contract, unless the Seller offers to collect the goods himself. To meet the deadline, it is enough to send back the item before the deadline expires.
Regardless of the provisions in point 6 above, in the case of withdrawal from a contract for the supply of digital content or a digital service (virtual product), the consumer is obliged to stop using this digital content or digital service and refrain from sharing them with third parties.
The Seller will refund to the consumer all payments made by the consumer, including the cost of delivering the product, no later than 14 days from the date of receiving the consumer’s statement of withdrawal from the contract, with the reservation that the Seller is obliged to refund the Buyer the cost of the cheapest method of delivery.
The Seller will make the refund using the same payment method that the consumer used, unless the consumer has expressly agreed to a different method of payment that is not associated with any costs for them.
If the contract was concluded outside the Seller’s business premises and the product was delivered to the consumer at the place where they resided at the time of concluding the contract, the Seller is obliged to pick up the product at their own expense if, due to the nature of the product, it cannot be returned by regular mail.
The consumer is responsible for reducing the value of the product resulting from using it in a way that goes beyond the necessary to establish the nature, characteristics, and functioning of the product.
The right to withdraw from the contract also applies to customers purchasing a virtual product (digital content/digital services), unless expressly stated otherwise in the product description, to which the customer has given explicit consent.
If the Seller has not provided digital content or a digital service, the consumer calls on the Seller to deliver them. If the Seller does not deliver digital content or a digital service immediately or within an additional, expressly agreed upon by the parties deadline, the consumer may withdraw from the contract.
The consumer may withdraw from the contract without calling for the delivery of digital content or a digital service if:
– it is clearly stated by the Seller or the circumstances indicate that they will not provide digital content or a digital service, or
– the consumer and the Seller have agreed or it clearly follows from the circumstances of the contract that the specified deadline for delivering digital content or a digital service was essential for the consumer, and the entrepreneur did not deliver them within that deadline.

Chapter V. Warranty. Complaints

§ 12

The provisions relating to the Consumer contained in this chapter apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the activity performed by him/her. business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
In the event of non-compliance of the product with the contract, the consumer has the rights set out in this chapter. The provisions of Book Three, Title XI, Chapter II of the Act of April 23, 1964 – Civil Code (Journal of Laws Laws of 2022, items 1360 and 2337).
The product is compliant with the contract if, in particular, its:
1. description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements, also compatibility, interoperability and availability of updates;
2. suitability for a specific purpose for which it is needed by the consumer, of which the consumer notified the entrepreneur at the latest at the time of conclusion of the contract and which the entrepreneur accepted.

In addition, to be considered in conformity with the contract, the product must:

be fit for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
be in such quantities and have such characteristics, including durability and safety, and, in the case of goods with digital elements, functionality and compatibility, as are typical of the goods of that kind and which the consumer can reasonably expect, having regard to the nature of the goods and public assurance provided by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the entrepreneur demonstrates that:

be supplied with packaging, accessories and instructions that the consumer can reasonably expect to be provided;
be of the same quality as the sample or design made available to the consumer by the trader before the conclusion of the contract and correspond to the description of such sample or design.

The Seller is not liable for the lack of conformity of the product with the contract to the extent referred to in point 3 or 4, if the consumer, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the goods deviates from the requirements of compliance with the contract specified in point 3 or 4, and has expressly and separately accepted the lack of a specific feature of the goods.
The Seller is liable for any lack of conformity of the product with the contract existing at the time of its delivery and discovered within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. Lack of conformity of the goods with the contract which became apparent within two years from the date of delivery of the product is presumed to have existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specific nature of the goods or the nature of the lack of conformity of the product with the contract. .
With respect to products with digital elements, the Seller is liable for the lack of compliance of the digital content or digital service delivered continuously with the contract, which occurred or became apparent at the time when, in accordance with the contract, they were to be delivered. This period cannot be shorter than two years from the date of delivery of the goods with digital elements. It is presumed that the lack of conformity of the digital content or digital service with the contract occurred at that time if it became apparent at that time.
If the product is not in conformity with the contract, the consumer may request its repair or replacement.
The Seller may make an exchange when the consumer requests repair, or the Seller may make a repair when the consumer requests replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the product into compliance with the contract.
The Seller shall repair or replace the product within a reasonable time from the moment it is informed by the consumer about the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the specificity of the product and the purpose for which the consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
The Consumer provides the Seller with a product that is subject to repair or replacement. The seller collects the product from the consumer at his own expense.
The consumer is not obliged to pay for the normal use of goods that have subsequently been replaced.

If the product is inconsistent with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:
The reduced price must be in such proportion to the price resulting from the contract that the value of the non-conforming product is to the value of the product compliant with the contract.
The Seller returns the amounts due to the consumer as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s declaration of the price reduction.
The consumer may not withdraw from the contract if the lack of conformity of the product with the contract is immaterial. The lack of conformity of the product with the contract is presumed to be material.
If the lack of conformity with the contract concerns only some products supplied under the contract, the consumer may withdraw from the contract only in respect of these products, as well as in relation to other goods purchased by the consumer together with the goods not in conformity with the contract, if it cannot reasonably be expected , that the consumer agrees to keep only the products that comply with the contract.
In the event of withdrawal from the contract, the consumer shall immediately return the goods to the entrepreneur at his expense. The seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
The Seller refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.
Digital content or a digital service is in conformity with the contract if, in particular, its:

In addition, to be considered in conformity with the contract, the digital content or digital service must:

The seller informs the consumer about updates, including those regarding security measures, necessary to maintain the compliance of the digital content or digital service with the contract and provides them to the consumer for the period:
If the consumer fails to install the updates provided by the trader within a reasonable time, the trader shall not be liable for the lack of conformity of the digital content or digital service with the contract resulting solely from the lack of updates if:
1) informed the consumer about the update and the consequences of not installing it;
2) the failure to install or incorrect installation of the update was not due to errors in the installation instructions provided by the entrepreneur.
The Seller shall not be liable for the lack of conformity of the digital content or digital service with the contract to the extent referred to in point 21 or 22, if the consumer, at the latest at the time of concluding the contract, has been expressly informed that a specific feature of the digital content or digital service deviates from the requirements for compliance with the contract, and has expressly and separately accepted the absence of a specific feature of the digital content or digital service.
Where the contract provides for the supply of digital content or digital service on a continuous basis, the digital content or digital service must remain compliant with the contract for the duration of its delivery specified in the contract.
The digital content or digital service is provided in the latest version available at the time of conclusion of the contract, unless the parties have agreed otherwise.
The Seller is liable for any lack of compliance with the contract of digital content or digital services delivered once or in parts, which existed at the time of their delivery and became apparent within two years from that moment. Any lack of conformity of the digital content or digital service with the contract, which became apparent within one year from the time of delivery of the digital content or digital service, is presumed to have existed at the time of its delivery.
The Seller is liable for the lack of compliance of the digital content or digital service provided continuously with the contract, which occurred or became apparent at the time when, in accordance with the contract, they were to be delivered. It is presumed that the lack of conformity of the digital content or digital service with the contract occurred at that time if it became apparent at that time.
The presumptions set out in points 27 and 28 do not apply if:
1) the consumer’s digital environment is not compatible with the technical requirements about which the entrepreneur informed him in a clear and understandable manner before concluding the contract;
2) the consumer, informed in a clear and understandable way before concluding the contract about the obligation to cooperate with the entrepreneur, to a reasonable extent and using the least burdensome technical means, in order to determine whether the lack of compliance of the digital content or digital service with the contract in due time results from due to the characteristics of the consumer’s digital environment, does not fulfill this obligation.
If the digital content or digital service is not in conformity with the contract, the consumer may demand that it be brought into conformity with the contract.
The Seller may refuse to bring the digital content or digital service into compliance with the contract if bringing the digital content or digital service into compliance with the contract is impossible or would require excessive costs for the entrepreneur.
When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of compliance of the digital content or digital service with the contract and the value of the digital content or digital service consistent with the contract.
The Seller shall bring the digital content or digital service into conformity with the contract within a reasonable time from the moment when the Seller is informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account their nature and the purpose for which they are used . The costs of bringing the digital content or digital service into compliance with the contract are borne by the Seller.
34. If the digital content or digital service is inconsistent with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:
1) bringing the digital content or digital service into compliance with the contract is impossible or requires excessive costs pursuant to Art. 43m section 2 and 3 of the Consumer Law Act;
2) the entrepreneur failed to bring the digital content or digital service into compliance with the contract in accordance with Art. 43m section 4 of the Consumer Law Act;
3) the lack of conformity of the digital content or digital service with the contract persists, even though the trader has tried to bring the digital content or digital service into compliance with the contract;
4) the lack of compliance of the digital content or digital service with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measure specified in Art. 43m of the Consumer Law Act;
5) it is clear from the trader’s declaration or circumstances that he will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
The reduced price must be in such proportion to the price resulting from the contract that the value of the digital content or digital service that is not in compliance with the contract is in proportion to the value of the digital content or digital service that is compliant with the contract. If the contract stipulates that the digital content or digital service is supplied in parts or on a continuous basis, the price reduction must take into account the time during which the digital content or digital service was not in conformity with the contract.
The consumer may not withdraw from the contract if the digital content or digital service is provided in exchange for payment of a price and the lack of conformity of the digital content or digital service with the contract is immaterial. The lack of conformity of the digital content or digital service with the contract is presumed to be material.
The Seller may demand the return of the tangible medium on which the digital content was delivered within 14 days from the date of receipt of the consumer’s declaration of withdrawal from the contract. The consumer returns the medium immediately and at the entrepreneur’s expense
The Seller is obliged to refund the price only in part corresponding to the content or digital service that is inconsistent with the contract and the digital content or digital service the obligation to provide was eliminated as a result of withdrawal from the contract.
The Seller is obliged to refund the consumer the price due as a result of exercising the right to withdraw from the contract or reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s declaration of withdrawal from the contract or price reduction.
The Seller refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.
The Seller may make changes to the digital content or digital service that are not necessary to maintain its compliance with the contract, only if the contract so provides and only for justified reasons indicated in the contract. However, the Seller cannot change the digital content or digital service provided on a one-off basis.
The introduction of the change referred to in point 41 will not involve any costs for the consumer.
The Seller will inform the consumer in a clear and understandable way about the change being made.
If the change referred to in point 41 significantly and negatively affects the consumer’s access to or use of the digital content or digital service, the Seller will inform the consumer in advance on a durable medium about the properties and deadline for making this change and the right referred to in points 45 and 46 below
In the situation referred to in point 44, the consumer may terminate the contract without notice within 30 days from the date of making the change referred to in point 41 or being informed about this change, if the information was given later than this change.
If the Seller provides the consumer with the right to retain, without additional costs, the digital content or digital service consistent with the contract, the right referred to in point 44 does not apply unchanged.

Chapter VI. Personal data protection

§ 15

1. Detailed rules and information regarding the protection of personal data are specified in the Privacy Policy available on the website: untold.com.pl/polityka-prywatnosci.

Chapter VI. Promotional campaigns and discounts for customers

§ 16

Any discounts granted to customer groups or promotional campaigns in the store cannot be combined with other discounts and promotions.

Chapter VII. Final Provisions

§ 17

The current version of the Regulations is available on the Store’s website, in the “Store Regulations” tab. During the execution of the Buyer’s Order, the Regulations accepted by him when placing the Order shall apply.
In matters not regulated by these Regulations, applicable legal provisions shall apply accordingly, in particular legal acts referred to in the Regulations. The law applicable to resolving disputes arising under the Regulations is Polish law.
Disputes will first be resolved amicably. In the event of disagreement, the case will be resolved by the court having jurisdiction over the defendant.
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation regarding ODR in consumer disputes), below is an electronic link to the ODR platform: http://ec.europa.eu/odr/

The ODR platform is intended to facilitate the independent, impartial, transparent, effective, quick and fair out-of-court resolution of disputes between consumers and entrepreneurs online, and applies to the out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts or contracts for the provision of services, within the meaning of above Regulation, concluded between consumers residing in the Union and entrepreneurs established in the Union.

Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and on the website of the Office of Competition and Consumer Protection:https://www.uokik.gov.pl/ .

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