Terms & conditions
The online store, which operates at www.monikakandefer.com, belongs to the company ELLEVEN Monika Kandefer, NIP: 6342645364, located in: ul. Koszykowa 24/6 00-553 Warsaw
Definitions
For the purposes of these Regulations, the following terms are defined as follows:
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Store - an online store operated by the Seller, located at www.monikakandefer.com;
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Regulations - the present Regulations;
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E-book - a product available in the Store, intended for sale in electronic form, as digital content, for reading on a suitable electronic device;
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Website - the website operated under the link www.monikakandefer.com;
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Seller - ELLEVEN Monika Kandefer, NIP: 6342645364, located at: ul. Koszykowa 24/6 00-553 Warszawa;
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Customer or Buyer - a natural person with full or limited legal capacity, a legal entity or an organizational unit without legal personality who purchases the e-book;
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Consumer - a natural person who purchases an e-book to an extent not directly related to hisor her commercial or professional activity (pursuant to Art. 221 of the Civil Code);
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Account - an electronic record containing the Customer's data and enabling the ordering of Products;
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Parties - the Seller and the Customer who have jointly concluded a contract based on the Regulations.
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The Regulations set forth the rules for purchasing e-books from the Seller through the Store, using the e-books and the mutual rights and obligations of the parties in this regard.
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The Customer is obliged to use the Store in accordance with the law and good morals and to respect the copyright and intellectual property rights of the Seller.
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By ordering an e-book, the Customer declares that he/she has read the GTC and agrees with its terms. Acceptance of the terms is voluntary, but necessary to make purchases.
Customer account
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Full and proper use of the Store, including placing orders, requires Internet access, devices that allow the use of Internet resources, an active e-mail box, and a web browser that allows viewing websites.
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The Customer is obliged to comply with the provisions of the Regulations and to enter the data in accordance with the facts.
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An order for a product offered in the store is possible as follows:
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without registration (creating an account) - by completing all the necessary steps to place an order without registration. Every time you buy and then download a digital content, it is necessary that the user is logged in,
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after registering on the store's website.
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Placing an order without prior registration requires filling out an interactive form displayed on the Store's website after selecting the product of interest offered by the Store, including:
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providing the data marked on the form;
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accepting these Terms and Conditions - by selecting the appropriate option on the form.
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When placing an order, the Customer may - at his own discretion - give separate consents, including consent to receive commercial information and newsletters by e-mail to the e-mail address provided by the Customer. These consents are optional and not required to place orders or create an account. In this case, before giving consent, you should read the basic information about the purpose and scope of data processing with consent (displayed when giving consent) and the information about the processing of personal data in the Privacy Policy.
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The Customer's personal data provided in the course of provision (e.g. when creating an account) are processed in accordance with the legislation in force in Poland. The applicable regulations constitute the legal basis for the processing of the Customer's personal data. The Customer is informed about the scope and purpose of the processing when providing the personal data and in the Privacy Policy.
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The provision of the data is voluntary, but necessary for the provision of the service/contract.
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The Customer is solely responsible for the accuracy, content and form of the data and information provided by him. The provision of false data and information, in particular third party data or fictitious data, is prohibited. The Customer who provides such data or information is liable in this respect, especially towards the seller.
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Prerequisite for registration and ordering in the Store without prior registration of the account is the reading of the General Terms and Conditions and their acceptance by the Customer, as well as the reading of the Privacy Policy. If the account is not registered, the Customer has the right to access his data and use all the rights he has based on the processing of his personal data by submitting a request to the Seller through the contact form available on the website of the Store.
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Information about e-books can be found on the website.
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The Customer may place orders in the Store 24 hours a day, 7 days a week (including Sundays and holidays), except for interruptions necessary to perform service and maintenance or other technical activities to ensure the proper functioning of the Store.
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In the Store, the type of e-book offered, in particular the available file formats, the time when the file is available for download, the purchase price and the detailed terms of the license granted, if different from those stated in the Terms and Conditions, are indicated.
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To place an order, the Customer selects the e-book and then chooses the "Add to Cart" or equivalent option, after which he/she is redirected to the order page.
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The order is placed by filling in the electronic form on the Store's website and providing all the required data. The Customer may also provide optional data.
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In case of any change in the personal data provided in the registration form, the Customer is obliged to inform the Store immediately by e-mail to the address paris@monikakandefer.com
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Until payment is made, the Customer may make changes to the order or cancel it.
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The information about the products on the Store's website, including their descriptions and prices, does not constitute an offer, but only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. By placing an order, the Customer makes an offer to the Seller to conclude a purchase contract for the Products ordered by the Customer.
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After the order is placed and the payment is made, the Store confirms the registration of the order by sending an order confirmation to the Customer's e-mail address. The contract for the delivery of digital content in the form of an e-book selected by the Customer shall be deemed concluded at the time of payment by the Customer in one of the ways offered by the Seller.
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The Store sends to the Customer's e-mail address a link through which the e-book can be downloaded to the device:
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in case of card payments - immediately after the payment is registered
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in case of bank transfer payment - on a business day (Mon-Fri) after the payment is registered on the Seller's account or after the Buyer documents the payment.
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a proof of purchase in the form of a receipt or invoice will also be attached to the e-mail.
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The e-book is delivered electronically only and is free of charge.
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The Seller reserves the right to change the prices of the products in the store's offer, introduce new products, conduct and cancel promotional campaigns on the Store's websites or make changes to them. The Seller's right referred to in the preceding sentence shall not affect orders placed by the Customer prior to the effective date of the above changes, including the prices at which the Customer purchased the ordered products.
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If the Buyer does not notify the Seller in writing (by e-mail) within 3 business days from the date of payment for the e-book that he/she has not received the ordered file, it is considered that it has been successfully delivered to the Buyer.
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In order to facilitate and improve the purchase process, e-mail correspondence is maintained between the Store and the Customer. Within this framework, the Customer will receive messages about the products he/she ordered to the e-mail address provided during registration. All e-mails contain the order number.
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For selected goods, the Seller may activate the order in the pre-order mode. The pre-order option applies to Goods selected by the Seller that are not currently for sale, but for which a first or re-availability date is known.
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Goods available in pre-order mode will be clearly marked on Seller's website, along with the scheduled date on which the Goods will be available and shipped.
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Pre-orders will be fulfilled with a deferred shipping date until the product is released or the product is available again in the seller's offering. The order will be shipped immediately upon release or reavailability of the product, but no later than 2 days after the occurrence of any of the above events.
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Unless otherwise provided in this paragraph, the other provisions of the Regulations shall apply mutatis mutandis to advance orders.
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All prices of e-books in the Store are stated in Polish zloty and include VAT.
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The price indicated for each e-book is binding at the time of the Customer's order.
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Additional discounts or special offers may be applied after the e-book is added to the shopping cart.
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The Customer has the right to choose the payment method for the ordered e-books among the forms offered by the Store.
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The payment method for the ordered e-books is handled by the institution that handles online payments, in particular for credit card payments, transactions with the BLIK code, online bank transfers and traditional bank transfers. This applies to payments both on the territory of the Republic of Poland and abroad.
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To make a payment, the Customer is redirected to the website of the provider of the online payment system "PayU". The rules for making online payments are stated on the website https://www.payu.pl and https://www.payu.pl/polityka-cookies.
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If the payment is not made within 7 days after the order and confirmation of acceptance of the order by the seller, the order will be canceled.
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The VAT invoice is issued at the express request of the Customer, which was specified when placing the order.
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In order to issue an VAT invoice, the Store may request the necessary data in the registration form.
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The Store will issue an invoice VAT after receiving the payment confirmation.
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By accepting the terms, the Customer agrees to receive an electronic invoice in PDF format to the email address provided during registration.
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Details of payment processing and transaction security (including the terms of billing services) can be found on the websites of payment intermediary services.
Payments
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The Customer, who is a Consumer, has the right to withdraw from the contract within 14 days after the conclusion of the contract without giving any reason. This is possible only if the Customer has not downloaded the purchased product.
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To withdraw from the contract, the Consumer should send a statement by e-mail to the e-mail address paris@monikakandefer.com.
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To comply with the withdrawal period, it is sufficient if the Consumer sends the withdrawal notice before the expiry of the withdrawal period in the manner specified in paragraph 2.
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Upon receipt of the Consumer's notice of withdrawal, the Seller shall immediately confirm receipt of the notice of withdrawal.
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In the event of a lawful withdrawal from the contract, the store shall return the payments received to the consumer without undue delay, but no later than 14 days after receipt of the notice of withdrawal. The payment shall be returned in the form in which the Customer made it.
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The Consumer shall not bear the costs associated with the withdrawal from the contract.
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The Consumer shall not be entitled to the right of withdrawal if he/she has expressly agreed to the seller providing the e-book before the expiry of the withdrawal period and after the Consumer has been informed about the loss of the right of withdrawal. The Consumer agrees to this by selecting the appropriate option at the time of ordering. If the Consumer does not agree to the provision of the e-book before the expiry of the withdrawal period, the e-book shall be delivered after the expiry of the withdrawal period.
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If the e-book was delivered to a Client who is not a Consumer, the Customer loses the right to withdraw from the contract in accordance with the provisions of Art. 10 para. 3 No. 5 of the Act of 2 March 2000 on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product (Journal of Laws of 2012, No. 1225).
Copyright
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Access to the Customer account is possible in any case by logging in with the username and password provided by the Customer when registering the account. After logging into the account, the Customer may make changes to the data provided during registration.
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Registration in the Store is free and voluntary. Registration in the Store enables the storage of the data provided by the Customer in the interactive form, the completion of which is required for an order. In case of subsequent orders in the Store, the Customer does not have to fill in the specified form again. Registration creates a customer account on the Store's website. The Customer has the opportunity to update the data provided during registration in the store using the form within the account.
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To register, fill in the form generated by the Store, including
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the indication of the user name (Customer);
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the indication of an e-mail address;
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providing a password set by the Customer, with which he can log in;
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through the information provided in the provision of personal data, as well as in the privacy policy, read the rules governing the processing of personal data by the Seller under the contract (ie the contract with the content of the regulations) to create an account, service and fulfill the orders of the Customer and Store services, including customization of content (own direct marketing);
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to read and accept the content of these provisions - by selecting the appropriate option in the form.
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The contract for the provision of the Customer account maintenance by the Store is concluded upon approval of the registration form.
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The Customer may at any time (without notice) terminate the contract for the provision of a service consisting in the maintenance of the Customer account in the store. For this purpose, the Customer should send an e-mail to the Seller with the relevant request.
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The Customer's withdrawal from the provision of such service will result in the deactivation of the Customer's account.
Withdrawal from the contract
Submission, acceptance and execution of orders for e-books
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The Customer has the right to file a complaint.
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In particular, a complaint may be filed if:
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The Customer does not receive a link to the e-book and information on how to download the e-book within 3 business days after payment;
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the received file is damaged or cannot be played on a suitable device;
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the downloaded file does not contain the purchased e-book or is incomplete and the file with the e-book is not sent to the Customer after being informed accordingly.
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The Customer submits the complaint in writing by sending it to the Seller's address or in electronic form by sending a message to the e-mail address paris@monikakandefer.com. The complaint must contain information that allows to identify the Customer, the subject of the complaint, the order number to which the complaint refers and the wishes related to the complaint. In case of an incomplete complaint, the Seller will ask the Customer to complete the complaint, otherwise the complaint will not be accepted.
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The Store will inform the Customer about the way of reviewing the complaint by reply e-mail within 14 days after receiving the complaint.
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In case of positive review of the complaint, the Store will immediately, but no later than within 14 days, replace the e-book with an error-free copy or refund the Customer the equivalent of the price paid. The payment will be refunded in the form in which the Customer made it.
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Complaints must be submitted within one year from the date of the first download of the e-book. Complaints submitted after this deadline will not be considered.
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The Consumer has the possibility to use an out-of-court procedure for handling complaints and making amends, including the possibility to turn to a permanent amicable consumer court with the request to settle the dispute arising from the concluded contract;
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to turn to the Provincial Inspector of Trade Inspection with the request to initiate a conciliation procedure for the amicable settlement of the dispute between the Consumer and the Seller;
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to turn to a Consumer ombudsman or a social organization whose statutory tasks include consumer protection.
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Detailed information on out-of-court complaint handling and redress procedures can be accessed by the Consumer on the website of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/php; http://www.uokik.gov.pl/wazne_adresy.php.
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The Consumer can also use the platform OS, which can be found at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of disputes concerning contractual obligations arising from an online purchase contract or a contract for the provision of services.
Complaints and methods of resolving disputes
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The Seller undertakes to deliver the e-books without defects.
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The Store does not guarantee that an electronic device will play the e-book correctly, even if its manufacturer assures that the device is compatible with the e-books stored in a particular format. In case of doubt, you should check the user manual of the terminal device to find out which file format is supported.
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The Store is not liable for the impossibility to execute the order due to force majeure or incorrect information provided by the Customer.
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The Store will inform the Customer immediately about the impossibility to execute the order due to force majeure.
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If force majeure occurs after the Customer has made the payment and the order cannot be processed within three business days from the date of payment, the Store shall refund the money in the form in which the Customer completed the order and the contract for the delivery of digital content shall be deemed not concluded.
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The Store is not responsible for the activities of the administrators of the Customer's mail servers, in particular for blocking the sending of e-mails to the address specified by the Customer during registration, as well as for blocking and deletion of e-mails by the software installed on the Customer's electronic device.
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The Store is not liable for non-delivery of an e-mail with information on the execution of orders and an e-mail with the purchased e-book if this is due to reasons for which the Customer is responsible - e.g. an overflowing e-mail box or an incorrect e-mail address.
Responsibility
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In matters not regulated by the Rules of Procedure, the provisions of Polish law shall apply, in particular the Civil Code, the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2019, item 1231, as amended), the Act of July 18, 2002 on the Provision of Electronic Services (Journal of Laws of 2020, item 344) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2020, item 287).
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The competent court for the settlement of disputes arising from the performance of the contract for the provision of digital content in the form of an e-book is the court competent for the registered office of the Seller, with the exception of contracts concluded with Consumers.
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Warranty claims for material defects and defects of title are excluded. This provision does not apply to contracts concluded with Consumers.
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The seller is not liable for any damage caused by the use or impossibility of use of the e-books. This regulation does not apply to contracts concluded with Consumers.
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The Regulations shall come into force on November 8, 2022.
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The Seller reserves the right to amend the Regulations for important reasons, in particular in cases where technical reasons for the provision of services and changes are necessary to bring the provisions of the Regulations in line with the applicable law.
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The Seller shall inform the Customers about the change of the Regulations by sending the new content of the Regulations by e-mail and by making the new content of the Regulations available on the Store's website.
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The Customers may access, download and print the Regulations at any time via the link on the Store's website.
Final provisions
General provisions
Designed by HANZI
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The e-book offered by the Seller is a work within the meaning of Article 1 of the Act of 4 February 1994 on copyright and related rights and digital content within the meaning of the Act of 30 May 2014 on consumer rights.
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The use of the e-book by the Customer is possible for the Customer's own use.
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The Customer is entitled to use the e-book only for his own use, to the extent specified in the Terms and Conditions, the granted license and the provisions of the Act on Copyright and Related Rights.
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The terms of the granted license are derived from the Terms or from the detailed license terms for individual e-books, which may differ from each other.
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The Customer may enter the purchased e-books into the memory of electronic devices and read them with their help.
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Upon payment, the Customer receives a non-exclusive, non-transferable, non-assignable and non-sublicensable (including without the right to authorize other persons to use the content under the granted license) license to use the e-book, including the right to use the copyrighted property, without spatial and temporal limitations, in the following areas of use:
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the multiple downloading of the e-book and its digital storage in the computer's memory;
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the permanent or temporary reproduction of the e-book in whole or in part by means of digital technology, insofar as the reproduction is necessary for the display, duplication or storage of the e-book;
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the permanent or temporary display, reproduction or storage of the e-book using digital technology.
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The Customer is not entitled to:
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place the e-book or parts thereof on the market or distribute it, in particular by printing, copying or overwriting;
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place the e-book on the market, including renting the e-book or its copy or lending it out;
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sublicense the e-book (including the right to allow other persons to use the e-book);
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interfere with the content of the e-book, make changes to the file, including the elimination of file errors;
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removing the technical security of the e-book
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use of the e-book for commercial purposes.
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The Customer is obliged to read the terms of the license. By accepting the terms, the Customer confirms that he/she has read the terms of the license and accepts them. The foregoing also applies to the special license terms if they are presented separately together with the e-book, especially if the Customer places an order.
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If the Store determines that actions of the Customer or third parties acting on behalf of or in agreement with the Customer infringe the copyrights to the e-book, the Store may claim compensation for the damage incurred in accordance with general principles.
All rights reserved © 2022 Monika Kandefer