- CV / Curriculum vitae — it is an applicant’s resume,
- Doradca Językowy – its’s a sole entrepreneur, found and owned by Karolina Wawrzyniak,
- Business day – it’s a working day from Monday till Friday,
- Candidate/Applicant – it’s a person, who applies for a job,
- Customer – a person, who bought the service at Doradca Językowy,
- Offer – it’s one out of six packages of Doradca Językowy’s services,
- Package – one out of six offers presented at www.doradcajezykowy.com,
- Employer – a person who hires the candidate,
- Website – it’s Doradca Językowy’s Website www.doradcajezykowy.com, the main site and subsites,
- Sales contract – it’s a document that stipulates the sales of the service to the customer by the owner through the e-mail correspondence and after prior consent on an offer expressed by the customer,
- Service – the offers MINI, MIDI, MAXI both for the employer and the employee presented on the owner’s Website and intended to be sold,
- Consumer Rights Act – it’s an act issued on 3rd March 2017 on consumer rights (Journal of Laws from 2017, item 683),
- Act on Electronic Services – it’s an act on electronic services issued on 9th June 2017 (Journal of Laws form 2017, item 1219),
- Owner – Doradca Językowy-Karolina Wawrzyniak, with its headquarter in Katowice, at: Pułaskiego 17/3, 40-276 Katowice; NIP: 9542808482, REGON: 384549033,
- Request – it’s a message that the customer sends to the owner via e-mail on [email protected] or via contact form, which is to be seen on the Website.
II GENERAL PROVISIONS
- Doradca Językowy- Karolina Wawrzyniak, with its headquarter in Katowice, at: Pułaskiego 17/3, 40-276 Katowice; NIP: 9542808482, REGON: 384549033 is the owner and administrator of the Website www.doradcajezykowy.com.
- The information about the services on www.doradcajezykowy.com including their descriptions, technical parameters, prices, do not constitute a sales offer pursuant to the Civil Code but they act as an invitation to conclude the contract pursuant to Art. 71 of Civil Code.
- The principles, how to use the Website as well as how to purchase on the Website or via Website were specified in Terms and Conditions herein. All users are obliged to read the Terms and Conditions mentioned on the Website before using the services. By using the Website and its services, the user indicates that he/she fully accepted the Terms and Conditions.
- The user or customer may send a request to the owner via contact form which is available on the Website or via e-mail. The request concerns the individual quote for the following offers MINI, MIDI, MAXI for the employee and MINI, MIDI, MAXI for the employer. All services are subjected to the Terms and Conditions issued on www.doradcajezykowy.com.
- The owner provides the customer with the Terms and Conditions of the Website and its services free of charge prior using the website. The content of these Terms and Conditions may be printed out by the customer, saved on a driver or downloaded from the Website.
III TECHNICAL CONDITIONS ON WEBSITE USE
- The customer may use the Website upon fulfilling the following provisions, he/she should:
- have a device which has access to the Internet and is fitted with working operating system: e.g. Linux or Windows,
- have a device, on which at least one of the following browsers is updated, installed: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome or other compatible one which operates the cookies and has access to the Internet,
- have an active e-mail account.
- The customer may request the offer if he/she has a software that enables the service. The devices need to have the following software:
- for the service: creating, editing CV – the software that enables opening PDF, Word or pages format,
- for the service: training before the job interview – Skype or Google Handout,
- for the service: foreign language check/verification of the candidate– Skype, Hangout, a device that enables the electronic communication from a distance (cell phone).
IV REQUESTS, CONCLUSION AND IMPLEMENTATION OF THE CONTRACT
- To make a request for an individual quote, the customer opens the Website www.doradcajezykowy.com, chooses one of the following packages: MINI, MIDI or MAXI for Employer or for Employee, clicks on „Individual quote” choosing a package MINI, MIDI or MAXi for an Employer and fills in the contact form or sends the request via e-mail on [email protected] By choosing the offer MINI, MIDI or MAXI for an Employee, the customer fills in personal data to the form and pays for the service giving the card data on the website. All payments are done by means of Stripe: https://stripe.com/en-pl. Doradca Językowy does not collect any payment data of the customer. No payment data are also processed. In both cases Doradca Językowy needs to confirm in writing that she received the request and its terms and conditions, as well as she received the payment form the customer and agrees to the date of service accomplishment. The contract was concluded under the resolutive condition, which means that lack of payments terminates the contract.
- To make an individual request while choosing the package MINI,MIDI or MAXI for an Employer, the customer needs to share the following information:
- name and surname (if the customer is an entrepreneur- name and surname of the person, who acts in the name of the enterprise),
- e-mail address, sharing the cell phone number is not required- the customer shares it voluntary,
- And clicks on button „Send”. While choosing an offer: MINI, MIDI, MAXI for an Employee, the customer chooses right date and hour in the calender, fills in the following data: e-mail address, telephone number, comment, payment data.
- After sending the request by the customer, the owner responds to it within two business days from the date the request reached the owner. The customer receives full description of the offer, its price, expected end date of the service, bank account number, on which the price for the service is to be paid. Doradca Językowy may transfer the customer, who had chosen an offer MINI, MIDI or MAXI for an Employer to the sub-website to pay the pre-payment for the service. The pre-payment amounts to at least 100 PLN gross. The full price will be reduced by the pre-payment. The rest of the amount is to be paid after the conducted service. While choosing an offer MINI, MIDI, MAXI for an Employee and confirming all personal data by the purchase, the customer agrees to all Terms and Conditions as well as marketing consents.
- The sales contract is concluded, when the owner obtains the payment on bank account and when the customer agrees to the offer and all terms and conditions of the service. The sales contract will be concluded in Polish, English or German depending on the customer’s preferences in accordance with Terms and Conditions. All foreign language versions of the contract are made based on the Polish version, as the owner has Polish nationality and the headquarter of the company is placed also in the Republic of Poland.
- The delivery of the purchased offer takes place upon contract conclusion, allocated payment on the owner’s account, in accordance with the terms concerning time and date of the service, customer’s agreement to all conditions.
- If the customer wishes so, the owner may issue a tax invoice. The customer may also accept to the marketing agreement while choosing an offer MINI, MIDI, MAXI for an Employer. It means that his/her personal data will be processed for marketing purposes including receiving the newsletter, commercial offers, offers, articles, free training materials, discount codes and other commercial information. The acceptance to this marketing agreement will be shared by customer through clicking on the checkbox: “I agree to the processing my personal data for promotional and marketing purposes”. The customer may reverse his/her acceptance. The withdrawal of consent shall not affect the activities carried out based on consent before its withdrawal.
V PAYMENT METHODS
- The customer pays for the service:
- by bank transfer – the amount should be paid directly to the owner’s account, the subject of the transfer should contain: Name and Surname of the customer, as well as the name of the offer that he/she chose. The delivery of the purchased offer takes place upon contract conclusion, allocated payment on the owner’s account, in accordance with the terms concerning time and date of the service, customer’s agreement to all conditions.
- credit card/debit card- the customer may purchase the service/offer on the website and may pay for it by credit or debit card. All payments are done by means of Stripe: https://stripe.com/en-pl. Doradca Językowy neither collects nor processes the payment data of the customers.
VI CLAIMS AND CONTRACT WITHDRAWAL
- If the customer considers that the service or the way of performing the service don’t meet the contract provisions or has objections, how the service is/was performed, may submit complaint.
- Any complaints might be submitted electronically on [email protected] within 14 calendar days from the date the service was performed or from the date the service was planned to be performed.
- The complaint needs to contain the following data: name, surname, name of the offer, the description of the claim.
- The complaint will be acknowledged by the owner within 30 calendar days from the date the owner obtained the claim. After that the customer will receive the answer on a claim.
- If the customer doesn’t agree to the answer on a claim, he/she is entitled to bring legal proceedings before the court.
- The customer may also claim the performance of the Website. All claims may be submitted electronically on [email protected] with 14 calendar days from the date the service was performed or from the date the service was planned to be performed. The acknowledge of the complaint is done in the same way as in the paragraph 4 and 5.
- The provisions mentioned in paragraphs 4-5 don’t apply to consumers.
- The customer, who is a consumer in accordance with the Act about the protection of some consumer rights and liability for damage caused by dangerous product (Journal of Laws from 2000, item 1225) from 2nd March 2000, has right to withdraw from the contract within 10 days from the date it was concluded. To declare the contract withdrawal, the customer needs to fill in the contract withdrawal form before the 10th day from the date the contract was concluded. The form needs to be sent electronically on [email protected] The consumer that didn’t send any contract withdrawal and within 10 days agreed to perform the service by Doradca Językowy- Karolina Wawrzyniak doesn’t have right to withdraw from the contract.
- In the event of contract withdrawal, the contract is considered as to be never concluded, and the parties return what they gave each other. If the customer/consumer obtains the edited or created CV from the owner in each language version, the consumer after contract withdrawal may not save, copy, forward it in the same form, concerning: contents in the same stylistic or graphic form. In the event of participating in the training via Skype or in language analysis of the candidate, the consumer/customer needs to return all the materials in the intact form. It is forbidden to copy, transfer, forward, release, publish the materials and methods that were used during the training, verification process or in the CV by Doradca Językowy, because they are copyright-protected and the way of presenting the knowledge- called know-how is owned by Doradca Językowy. Nevertheless, Doradca Językowy doesn’t guarantee or promises the consumer/customer that after the training or hence edited CV the candidate will be hired in the desired company.
- The consumers may also claim the performance of Doradca Językowy electronically on [email protected] within 14 days from the date the service was performed or from the date the service was planned to be performed. The complaint needs to contain the following data: name, surname, name of the offer, the description of the claim. The complaint will be acknowledged by the owner within 14 days from the date the owner obtained the claim. After that the customer will receive the answer on a claim. The reimbursement of the paid amount takes place only in case of negligence of the service. The reimbursement will be paid out in the same way as it was paid by the consumer/customer to the owner.
- All disputes arising in connection with the Contract between Doradca Językowy and customer, which is called the consumer in accordance with the Act 221 of the polish Civil Code and/or interpretation of these Conditions, shall be submitted to the Polish court which would have jurisdiction ratione loci and ratione materiae.
- All consumers are obliged to the Terms and conditions that were published on the day of purchasing on the Website.
VII OTHER PROVISIONS ON WEBSITE USE
- In justified cases and for reasons beyond owner’s control, the owner has right to change the date of performing the service: editing, creating the CV, training before the job interview, analysis of candidate’s language competencies, provided that new date of performing the service was discussed with the customer and the customer agreed to that.
- If the service was purchased for third person, the customer is obliged to inform the consumer about the provisions of the contract, Terms and Conditions and offer’s details. By accepting the Terms and Conditions, the customer confirms that he/she informed the third person about the content of the Terms and Conditions and the third person agreed to them.
- If the customer or a third person don’t participate in the purchased service (training before the job interview, analysis of foreign language competencies), which took place according to the date and time agreed by both parties, he/she will lose the possibility to participate in this meeting. The owner is not bound to reimburse the cost of the service.
- A non-participation in purchased service mentioned in the paragraph 3 means that either customer or a third person, who should take advantage from the service, was absent till twenty minutes after starting the meeting. In this case, the owner is not bound to reimburse the cost of the service.
- The customer, who uses the Website is obliged to the followings:
- the customer uses the Website in an adequate way and according to its purpose and in the manner that doesn’t harm other customers,
- the customer doesn’t deliver, and transfer information and comments prohibited by law (insulting, offensive or demeaning to the individual, encouraging violence or other acts of violence),
- the customer doesn’t send or post any undesirable commercial information- spam,
- the customer uses the content published on the Website in each language version only for its personal use,
- the customer uses the Website in accordance with the Terms and Conditions, applicable provisions of law and the principles of standard use of Internet.
VIII PERSONAL DATA PROTECTION
- The owner as a data controller and administrator takes all necessary measures to protect personal data collected from the User while visiting the Website, as well as its contents and other information left.
- Personal data is collected, processed and published in accordance with Regulation of the European Parliament and of the Council EU 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data and suspension of the Directive 95/46/WE (RODO) and bill from 10th Mai 2018 on personal data protection (Journal of Laws form 2018, item 1000).
IX FINAL PROVISIONS
- Photos, icons and other materials used on the Website (including texts, graphs, icons, recording, logos, videos) are owned by Doradca Jęyzkowy or were used by her upon prior consent of their authors. The use of those above-mentioned materials for commercial purposes is illegal and prohibited in accordance with the act of 4 February 1994 on copyright and derivative rights (Journal of Laws from 2018, item 1191).
- All disputes arising in connection with the Contract between Doradca Językowy and customer, which is called the consumer in accordance with the Act 221 of the polish Civil Code and/or interpretation of these Conditions, shall be submitted to the Polish courts dealing with that matter.
- All disputes arising in connection with the Contract between Doradca Językowy and customer, which is not called the consumer in accordance with the Act 221 of the Civil Code and/or interpretations of these Conditions, shall be exclusively submitted to the Polish court competent for the registered office of the owner.
- In cases not covered by the Terms and Conditions herein, the applicable provisions of the Polish law shall apply.
- The Terms and Conditions are effective since 10.10.2020