Terms and Conditions

1. GENERAL

1.1. These terms of sale (“Terms and Conditions”) govern your relationship with Allysa Agnes when you use this webstore (the “Webstore”). Wherever you see “Allysa Agnes”, “me” or “A.A.” on the website or in any of the terms and conditions, this means just me and my business.

1.2. By purchasing Products or Services via the Webstore, you accept and agree that your use of this Webstore and any purchase you may make is subject to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the Webstore. You should print a copy of these Terms and Conditions for future reference.

1.3. Your use of the Webstore (whether you buy anything or not) will also be subject to my Privacy Policy. If you have any questions about these Terms and Conditions, or my Privacy Policy, please contact me at allysa.as.sa@gmail.com.

2. MY CONTRACT WITH YOU

2.1. After you have placed your order, I will email you to confirm whether or not we have accepted your order. If I confirm that we have accepted your order and you receive a Dispatch Confirmation (see Section 10.4 below), a contract will come into existence between you and us (“Contract”). We will not accept your order until payment for the order has been confirmed.

2.2. If you want to make any changes to your order please get in touch. If the change you have asked for is possible (and subject to the other provisions of these Terms and Conditions,, including Section 12 and 13 below) I will let you know about any changes I need to make to the price of the order, the timing of delivery or anything else which is different as a result of the change. I will also check whether you want to go ahead with the order on this basis.

3. CHANGES TO THESE TERMS AND CONDIZTIONS

3.1. We may make changes to these Terms and Conditions from time to time, which will be effective when posted on this Webstore. I may not notify you directly/personally of changes to the Terms and Conditions, and so I encourage you to check the Webstore regularly for any updates. Your continued use of this Webstore following the posting of changes will mean you accept those changes.

3.2. You will be subject to the Terms and Conditions in force at the time that you order Products or Services from me, unless any change to these Terms and Conditions is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).

4. WEBSTORE CONTENT

4.1. The Webstore (including without limitation) all digital downloads and all content, text, graphics, logos, button icons, images, data compilations, and software accessible via the Webstore (“Content”) is owned and controlled by or licensed to AA. All rights in the Content are the sole and exclusive property of AA.

4.2. Unless otherwise specified, the Content is the property of AA, or its suppliers, and is protected by Polish and international copyright, trademark mark and other relevant intellectual property and proprietary rights laws.

4.3. Unless otherwise specified, this Webstore, and Content are for your personal and non-commercial use only. AA is not liable for any business losses.

4.4. You may not without my express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

5. SYSTEM REQUIREMENTS

Purchases via the Webstore require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.

6. YOUR USE OF MY WEBSTORE

6.1. In addition to the conditions set out above and in other places on this website, in respect of your use of the Webstore, you may not:

(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;

(b) exploit any Content, information or other material obtained on or through this Webstore for commercial purposes;

(c) attempt to gain unauthorised access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore; or

(d) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore or the Contents or the Services.

7. YOUR USE OF OUR SOFTWARE

7.1. Software used to provide the Products and Services (“Software”) is owned by or licensed to me. All rights in the Software are the sole and exclusive property of AA. You may use the Software only for the purpose of using the Services in accordance with these Supply Terms, and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:

(a) use the Software to transmit any content (including the Content) to anyone else;

(b) sell or otherwise distribute any part of the Software;

(d) attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;

(e) use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or

(f) use the Software for any commercial purpose.

8. REGISTRATION AND PASSWORDS

8.1. If a particular Service requires you to register with the Webstore or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in my discretion and I, may revoke your password at any time.

8.2. You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Webstore by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.

8.3. You must immediately notify me of any unauthorised use of your password or account or any other breach of security.

8.4. I will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms and Conditions. You may not use another person’s account at any time without the express permission of the account holder.

8.5. You are responsible for ensuring that the information I hold is up-to-date. Please amend your details as appropriate from time to time or email allysa.as.sa@gmail.com to notify me of any changes.

8.6. Please see my Privacy Policy for further explanation as to how I use the information we collect from you and how I use cookies and traffic analysis tools.

9. MY PRODUCTS AND SERVICES

9.1. My Webstore may allow you to:

(a) purchase physical products;

(b) download digital content.

9.2. If I decide to offer any additional Products in the Webstore, such future Products or Services will also be covered by these Terms and Conditions unless explicitly stated otherwise.

9.3. You should ensure that your computer meets the minimum technical requirements for the Services (as may be specified on the Webstore from time to time). You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Services. Terms and conditions provided by the software supplier may apply to your use of the software.

9.4. You may need to register with the Webstore before using the Services.

9.5. By placing an order through my Webstore, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.

9.6. If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms and Conditions on your behalf.

10. MAKING AN ORDER

10.1. Follow the onscreen instructions on the Webstore to make an order.

10.2. Items which you select for purchase/download (as applicable) will automatically be placed in your “shopping basket”. To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket.

10.3. Once you have pressed the “checkout” or similar button you will be asked to provide certain information to allow me to process your order (including your selected payment method and card details).

10.4. You will receive an order summary confirmation on screen and/or by email (provided that you have provided me with a valid email address), acknowledging that I have received your order — this doesn’t mean that your order has been accepted. Your order represents an offer to me to purchase a particular item, which is accepted by me only when we send you an email (“Dispatch Confirmation”) confirming:

(a) in the case of physical products: that that particular Product has been dispatched; and

(b) in the case of digital content: instructions for accessing your digital content.

10.5. I may reject your order for any reason prior to acceptance. If I reject your order after payment has already been taken, I will provide you with a refund in accordance with my refund policy set out in Section 13. Where your order was for Products of a “hybrid” nature (e.g. a physical product and digital content), I will refund the relevant element of the order in accordance with my cancellation policy (set out in Sections 1 and 12.6 as applicable) for that particular Product.

11. PAYMENT

11.1. I can accept only credit or debit cards and PayPal payments. Prices appear on the Webstore and include VAT unless otherwise stated. I may change the prices for Products and Services at any time by posting new prices in the Webstore.

11.2. By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.

11.3. Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for digital content.

11.4. It is always possible that, despite my best efforts, some of the items listed on my Webstore may be incorrectly priced. I will usually verify prices as part of the dispatch procedure so that, where a Product or Service’s correct price is less than our stated price, I will charge the lower amount. If a Product or Service’s correct price is higher than the price stated on our Webstore, I will usually, at our discretion, either contact you for instructions or reject your order and notify you of such rejection. I am under no obligation to provide the Product or Service to you at an incorrect (lower) price, even after I have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognized by you.

11.5. Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content or Services.

11.6. I may use a third-party service provider to process payments. Still, I will ensure that any payment processor engaged by me will use security to encrypt credit or debit card data.

12. CANCELLATION, DELIVERY AND USAGE RULES

DIGITAL CONTENT

12.1. CANCELLATION

If you order digital content for download, you can’t cancel your order since this kind of content is accessible immediately. In an exceptional situation, I may consider accepting your cancellation after you contact me at allysa.as.sa@gmail.com.

12.2. DELIVERY

Each download item made available or purchased can be accessed via the relevant area of the Webstore using your login details and/or following the onscreen instructions. All such items made available or purchased can be accessed immediately after payment is authorised by following the instructions provided on screen or via email.

12.3. USAGE RULES

You may purchase downloads for your personal and non-commercial use only. In the event you experience any problems in downloading the relevant download item, I will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please contact allysa.as.sa@gmail.com. Please note that I may delete Products from the Webstore at any time. You may make such copies of a Product as specified by any specific usage rules to that Product, or such copies as are reasonably necessary for your personal, non-commercial use as applicable.

12.4. TECHNICAL PROBLEMS AND FAULTY PRODUCTS (DIGITAL CONTENT)

If digital content that you download is defective or faulty, please let me know as soon as possible (by contacting me at allysa.as.sa@gmail.com. If I find that the digital content is indeed defective, I will first attempt to repair or replace the relevant Product at our cost within a reasonable time frame if it is reasonably possible to do so. If a repair or replacement is not possible, I will refund you for either the full or partial cost of the Product as appropriate. If I agree to a refund, I will refund the sum agreed within 14 days of confirming to you that you are entitled to a refund.

12.5. DAMAGE CAUSED TO DEVICES OR OTHER DIGITAL CONTENT

You have various rights under the Consumer Rights Act 2015 if the digital content I supply to you causes damage to your device or to other digital content you own, e.g., if it carries a virus onto your computer. If this happens because of a lack of reasonable skill and care on my part, I will offer a suitable remedy, which may be repair of the damaged item or payment of suitable compensation, i.e., the cost of removing the virus.

PHYSICAL PRODUCTS

12.6. CANCELLATION

(a) You may cancel your purchase of physical products at any time within 30 days for any reason, beginning on the day after you receive the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy set out in Section 13. For clarity, where your order was for Products of a “hybrid” nature (e.g. a physical product and digital content) and I have begun the process of delivering your digital content order or you have already accessed your digital content, I will process a partial refund proportionate to the relevant physical element of the order in accordance with my cancellation policy as set out in this Section 12.6. Where you order multiple items that are delivered in separate batches, your 30-day cancellation period does not begin until the day after the last item has been received by you.

(b) To cancel, you must inform me clearly. I recommend the best way to do this is by emailing allysa.as.sa@gmail.com. Please return the Product to me immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the Product while it is in your possession. If you fail to do so, I may have a claim against you for compensation.

(c) Further details of this 30-day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods. Details of my refund policy can also be found in Section 13.

(d) This right to cancel does not apply:

i. where the Product has been made to your specification;

ii. to digital content which has been downloaded (see Section 12.1 above);

iii. where the Product, by reason of its nature, cannot be returned.

(e) Your statutory rights are unaffected by Section 6 (d) above.

12.7. DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.

12.8. RISK AND TITLE

Products purchased will be your responsibility either from the time of delivery to the address you gave me or the time of collection from me. You own the Products only once I receive payment in full for the Products, including delivery charges.

12.9. FAULTY PRODUCTS (PHYSICAL PRODUCTS)

(a) I have a legal duty to supply Products that are in conformity with this Contract. I have summarised your key legal rights in relation to the Product below. Nothing in these Terms and Conditions will affect these rights.

(b) Legally the Products you receive must be as described, they must be fit for purpose and they must be of satisfactory quality. After you have received the Products you have the following legal rights:

i. up to 30 days from delivery: if your Products are faulty, then you can get an immediate refund;

ii. up to six months from delivery: if your Products cannot be repaired or replaced, then you are entitled to a full refund, in most cases;

iii. up to six years from delivery: if your Products do not last a reasonable length of time, then you may be entitled to some money back.

(c) There are some exceptions to these legal rights. For more information, please visit your local government websites etc.

(d) If you wish to exercise any of these legal rights to reject Products, you must either post them back to me or allow me to collect them. I will pay the costs of postage or collection. Please email us at allysa.as.sa@gmail.com for a return label or to arrange collection.

13. REFUNDS POLICY

13.1. If you cancel your purchase of Products within the 30-day cooling-off period detailed in Section 1 or 12.6 above, I will process the refund due to you as soon as possible and, in any event, within 30 days of the day I receive the returned Product or, if earlier, within 30 days of you providing evidence of having sent back the Product. In this case, I will refund the price of the product in full, including the cost of delivering the item to you via standard delivery, provided that you have taken reasonable care of it. If Products provided to you in a separate sealed packet are opened or have obvious signs of use, you may not be entitled to a refund. You will be responsible for the cost of returning the item to me.

13.2. For clarity, where your order was for Products of a “hybrid” nature (e.g. a physical and digital content) and I have begun the process of delivering the digital part of your Product order, or you have already accessed the digital part of your Product order, I will refund the relevant element of the order in accordance with my cancellation policy (as set out in Section 1 or 12.6 as applicable) for that particular Product.

13.3. If you seek to cancel your purchase because you claim that the Product is defective or that there has been damage or error on my part, I will examine the returned Product and will notify you of your refund or otherwise via email within a reasonable period of time.

13.4. In the event that I have to cancel your order after payment has been taken, I will notify you of my need to cancel your order and supply you with a refund as soon as possible.

13.5. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to me.

13.6. I will always make any refund using the same method originally used by you to pay for your purchase unless you expressly agree otherwise.

14. TECHNICAL PROBLEMS AND LATE DELIVERY

14.1. If I miss the delivery deadline determined in accordance with Section 12.7 then you can treat the Contract as at an end if either (a) I have refused to deliver the Products; or (b) you told me, before I accepted your order, that delivery before the delivery deadline was essential.

14.2. If you do not wish to treat the Contract as terminated, or do not have the right to do so under Section 1, you can set a new, reasonable deadline for delivery.

14.3. If you do decide to treat the Contract as at an end under Section 1 you can cancel your order for any of the Products or reject Products that have been delivered. You also have the option of rejecting or cancelling the order for some of the Products. When you have let me know, I will then refund any sums you have paid me for the cancelled Products (including any delivery charges). If the Products have already been delivered to you, you must post them back to me within 30 days or allow me to collect them from you. I will pay the costs of postage or collection. Please email us at allysa.as.sa@gmail.com for a return label or to arrange collection.

14.4. Occasionally, technical problems may delay or prevent delivery of a purchased Product. In those circumstances, your sole remedy will be either a replacement Product or a refund, as determined by AA or the relevant third party supplier as appropriate. Your statutory rights are not affected.

14.5. I will not be liable to you for failures, defects, or delays in delivery caused by:

(a) your provision of incorrect information;

(b) your computer or any other device failing to meet the minimum technical requirements to open the e-books;

15. IMPORT DUTY

Products ordered from my Webstore for delivery outside of Poland may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. I have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

16. TERMINATION

16.1. I may, in my sole discretion, terminate your password, account (or any part thereof, if any), or use of this Webstore without notice if you are in breach of these Terms and Conditions or if I believe in my absolute discretion that your use of the Content is unsuitable.

16.2. Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which I may be entitled, at law or in equity.

16.3. Upon termination, all rights granted to you under these Terms and Conditions will automatically terminate and immediately revert to me and my licensors (save for any continuing rights which you may have in connection with Products which you have purchased from this Webstore).

17. LIABILITY

17.1. I warrant to you that any goods purchased from me through my Webstore are of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.

17.2. In relation to my supply of Products via this Webstore, my liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of my breaching these Terms and Conditions. Losses are foreseeable if they are contemplated by you and me at the time your order is accepted by me. I am not responsible for indirect losses which are not foreseeable by you and me (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

17.3. AA shall not be liable for any damages of any kind arising from the use of the Products, including but not limited to direct, indirect, incidental, and consequential loss, including lost profits, goodwill, or any other intangible loss, even if AA has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you, and instead, AA will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental, and consequential loss, even if AA has been advised of the possibility of such loss.

17.4. You agree to indemnify AA from any claim or demand made by any third party due to, or arising out of or related to your breach of these Terms and Conditions, misuse of the Products, or your violation of any applicable law, rule, regulation, or third party right.

17.5. This Section does not in any way limit or exclude my liability:

(a) for death or personal injury caused by our negligence;

(b) under section 2(3) of the Artykuł 38 – Ochrona konsumentów (Consumer Protection);

(d) for any other matter for which it would be illegal for me to exclude, or attempt to exclude, my liability.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1. The Contract is binding on you and me and on my respective successors and assigns.

18.2. You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without my prior written consent.

18.3. I may transfer, assign, charge, or subcontract the Contract, or any of my rights or obligations arising under it, at any time during the term of the Contract, provided that I remain primarily liable for my obligations under the Contract where applicable.

19. EVENTS OUTSIDE MY CONTROL

I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations that is caused by events outside my reasonable control. My performance under these Terms and Conditions is deemed to be suspended for the period that any such event continues, and I will have an extension of time for performance for the duration of that period. I will use my reasonable endeavors to find a solution by means of which my obligations may be performed despite such event.

20. RESOLVING DISPUTES BETWEEN US

I hope I will be able to help you with any queries or complaints you have about the goods I provide. Email me at allysa.as.sa@gmail.com with any issues.

21. GENERAL

21.1. These Terms and Conditions, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and me and supersede and extinguish any prior understandings, agreements or terms between you and me.

21.2. The rights and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.

21.3. No breach by either you or me of any provision of these Terms and Conditions shall be waived or discharged except with the express written consent of the other.

21.4. No failure or delay by either you or me in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or me of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

21.5. These Terms and Conditions shall be binding on and endure for the benefit of each party’s successors in title.

22. GOVERNING LAW AND JURISDICTION

22.1. These Terms and Conditions shall be governed by and construed in accordance with Polish, law and you and I hereby irrevocably submit to the non-exclusive jurisdiction of the Polish Courts as regards any claim or matter arising in relation to these Terms and Conditions.

22.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. I will not be liable for any breach by you of any such laws.

23. COMMUNICATION

23.1. Applicable laws require that some of the information or communications I send to you should be in writing. When using my Webstore, you accept that communication with me will be mainly electronic. I will contact you by email or provide you with information by posting notices on my Webstore. You agree to this electronic means of communication, and you acknowledge that all contracts, notices, information, and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the Contract, will be in English or Polish. This does not affect your statutory rights.

23.2. All notices given by you to me must be given to me at the address set out below or email address allysa.as.sa@gmail.com. I may give notice to you at the email or postal address you provide to me when placing an order or registering with the Webstore. Notice will be deemed received immediately when posted on my Webstore, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped,, and placed in the post, and, in the case of an email that the email was sent to the specified email address of the addressee.

23.3. If you have any queries about these Terms and Conditions, this Webstore or any of my Products, please contact: allysa.as.sa@gmail.com.

23.4. My registered address is:
Agnieszka Snarska (Allysa Agnes)
Radzymińska 61/42
03-751 Warsaw
Poland

23.5. My registered company number is 1133132729.