Terms And Conditions

§ 1 Definitions

§ 2 General provisions

§ 3 Customer Account

§ 4 Orders

§ 5 Payment and price

§ 6 Cancellation of Contract

§ 7 Complaints

§ 8 Personal Data Protection

§ 9 Provision of electronic services

§ 10 Final provisions

§ 1 Definitions

Terms used in the Rules and Regulations shall mean respectively:

  1. Website / Internet Service – the website operated by the Seller available at https://en.thenextdoglevel.com/ ,
  2. Seller – Helena Motyka, ul Zielona 2, 34-324 Lipowa, NIP: 5532539860, REGON: 367923542, e-mail address: info@thenextdoglevel.com , telephone number: +48 792 807 561,
  3. Customer – a natural person, a legal person and an organisational unit without legal personality, to which the Act grants legal capacity, purchasing Online Courses through the Website,
  4. Registered Customer – a Customer using the Website who has registered and set up a Customer Account (also referred to as a Student Account),
  5. Registration – a one-off action carried out by the Customer on the Website, consisting of filling in a student registration form in order to set up a Customer Account (also referred to as a Student Account);
  6. Password – a sequence of letter, digital or other characters specified by the Customer when registering on the Website, enabling access to the Customer’s Account and serving to secure it;
  7. Customer Account – an individual Customer panel available after registration and logging in, marked with a login and password, used for the purchase of Online Courses and enabling the Customer to access the purchased Online Courses,
  8. Consumer – a natural person purchasing Online Courses from the Website for a purpose not directly related to his/her commercial or professional activity,
  9. Entrepreneur – a natural person, a legal person or an unincorporated entity purchasing Online Courses at the Website within the scope of its business or professional activity; in the case of a natural person, a natural person purchasing Online Courses at the Website for the purpose directly related to its business activity, when the content of this agreement shows that it has a professional character for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  10. Entrepreneur on the rights of a consumer – a natural person purchasing Online Courses on the Website for the purpose directly related to his/her business activity, when it follows from the content of this agreement that it is not of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  11. Working days – days of the week from Monday to Friday, except for public holidays in accordance with the Act of 18 January 1951 on Public Holidays.
  12. Terms and Conditions – this document setting out the rights and obligations of the Seller and the Customer and the conditions for placing orders and making purchases on the Website.
  13. Shopping Cart – a service made available by the Seller on the Website, which displays the Online Courses added by the Customer to an Order, allowing the Customer to place and amend the Order, as well as display the current value of the Order;
  14. Order – a declaration of will of the Customer, constituting an offer to conclude an Agreement submitted by the Customer to the Seller, submitted using the functionality of the Website, containing information necessary to conclude and perform the Agreement,
  15. Online Course – digital content available on the Website, provided by the Seller to the Customer on the basis of an Agreement concluded using the functionality of the Website;
  16. Agreement – an agreement for the supply of digital content by the Seller to the Customer concerning the Online Courses covered by the Order, the terms and conditions of which are set out in the Terms and Conditions;
  17. RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
  18. Payment operator – means the entity providing payment services on the Website to its Customers. The payment operator is the provider of the online payment service:
  • PayU SA with registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 186,
  • PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulavard Royal L-2449 Luxembourg

§ 2 General provisions

  1. The Internet service available at the address https://en.thenextdoglevel.com/ is operated by Helena Motyka, , ul Zielona 2, 34-324 Lipowa, NIP: 5532539860, REGON: 367923542, e-mail address: info@thenextdoglevel.com , telephone: +48 792 807 561.
  2. The Terms and Conditions define the rights and obligations of the Customers and the Seller.
  3. The Regulations are drawn up in the Polish language and constitute a model contract within the meaning of the Act of 23 April 1964. – Civil Code.
  4. In order to conclude a Contract with the Seller, the Customer may exercise the right to negotiate the terms and conditions of the Contract before placing the Order. If the Customer waives the possibility to negotiate, these Terms and Conditions shall constitute the content of the Contract concluded between the parties.
  5. The Customer may access the Terms and Conditions at any time via the link provided on the Website and by saving them in any format on a medium of his/her choice.
  6. The online courses offered on the Website are in accordance with the contract within the meaning of Article 43k(1) and (2) of the Consumer Rights Act of 30 May 2014.
  7. The Online Course can be read using a web browser. Detailed information on the technical measures in place to protect the Online Courses, their functionality and the relevant compatibility and interoperability of the Online Courses can be found on the tabs in the descriptions of the Online Courses (if applicable).
  8. Communication with the Vendor by the Customer shall result in the Customer incurring costs, which result from agreements concluded by the Customer with third parties, for the possibility to use certain forms of remote communication. The Vendor shall not charge any additional fees or benefits for the possibility to communicate with it.
  9. In the situation of a dispute with the Seller, the Consumer has the possibility to resolve the matter amicably by: 1) applying to a permanent amicable consumer court, 2) mediation, 3) applying to the Provincial Inspector of Commercial Inspection, 4) applying to the Consumer Federation, 5) using the platform of the Internet system of dispute resolution between consumers and entrepreneurs at the EU level available at http://ec.europa.eu/consumers/odr (ODR Platform).

§ 3 Customer Account

  1. In order to set up a Customer Account, the Customer shall register via a form, providing the data listed in the registration form.
  2. The password given when logging in to the Website may consist of letters, digits and/or special characters. The password is individual for each Customer. The password can be changed in the Customer’s Account by providing an e-mail address and a new password.
  3. The user’s login is the Customer’s e-mail address provided at registration.
  4. The creation of a Customer Account is free of charge and voluntary.
  5. The customer undertakes to provide truthful data.

§ 4 Ordering

  1. The information about Online Courses presented on the Website does not constitute an offer within the meaning of the Civil Code; it is an invitation to conclude an Agreement.
  2. Placing an Order constitutes an offer within the meaning of the Civil Code, made by the Customer to the Seller.
  3. In order to place an Order, the Customer should add the Online Course he/she intends to purchase to the ‘’Cart‘’. Adding an Online Course to the ‘’Cart‘’ is not equivalent to placing an Order. Online Courses may be freely added or removed from the ‘’Cart‘’.
  4. The Customer with a Customer Account, after logging in and finally adding the Online Course to the ‘Cart’, is redirected to the order form to select the payment method. The Customer is then redirected to the Order summary. The Order is placed by selecting the ‘Place Order’ button.
  5. The Customer without a Customer Account, after finally adding the online Kuru to the ‘Cart’, is redirected to the form used to place the Order, in order to enter the payer’s details and the payment method. The Customer is then redirected to the Order summary. The Order is placed by selecting the ‘Place order’ button.
  6. It is a condition of placing an Order that the Customer has read and accepted these Terms and Conditions, which the Customer confirms before placing the Order by ticking the appropriate box on the order form.
  7. By pressing the ‘Place Order’ button, the Customer places an order with the obligation to pay.
  8. Information on the total value of the Order is provided each time on the Website during the ordering process, including before the Customer directly approves and places the order. These are the total costs that the Customer is obliged to pay, including any applicable taxes.
  9. After the Order has been placed, the Customer shall receive a message entitled ‘We have received your order!’ to the electronic mail address (e-mail) specified when placing the Order or associated with the Customer Account. This e-mail constitutes acceptance of the Customer’s offer. The moment the Customer is informed of the acceptance of the offer made by the Customer, the Contract between the Seller and the Customer is concluded.
  10. The maximum lead time is 1 working day after payment of the order.

§ 5 Payment and pricing

  1. The Customer has the option to pay for the Online Course for the order placed as follows: 1) by bank transfer to the Vendor’s bank account, 2) by online payment, BLIK or payment card through the Payment Operator.
  2. Electronic payments shall be handled by the Payment Operator. Making payment through a Payment Operator requires the establishment of a separate legal relationship with the Payment Operator and acceptance of its terms and conditions.
  3. The prices displayed on the Website are gross prices in EURO.
  4. In the case of payment through a payment operator, the Order processing time is counted from the moment of obtaining a positive payment authorisation. In the case of payment by bank transfer, the Order will be realised after the payment is received by the Seller.

§ 6 Withdrawal from the contract

  1. The Customer who is a Consumer, as well as an Entrepreneur on the rights of a Consumer who has concluded a distance contract via the Website, may withdraw from the contract within 14 days without giving any reason, subject to paragraph 2.
  2. The Customer shall not have the right to withdraw from the contract if the performance in the form of provision of digital content has begun with the express and prior consent of the Customer, who has been informed before the performance begins that after the performance by the Seller he will lose the right to withdraw from the contract and the Customer has acknowledged this, and the Seller has provided the Consumer with a confirmation of receipt of the consent, in accordance with Article 38 (13) of the Act of 30 May 2014 on Consumer Rights.
  3. The period for withdrawal shall start from the date of conclusion of the Contract. Sending the declaration of withdrawal before the expiry of the deadline for withdrawal shall be sufficient to meet the deadline for withdrawal.
  4. The Customer may exercise the right to withdraw from the Contract by sending a statement of withdrawal by e-mail or in writing to the address of the Seller.
  5. When exercising the right to withdraw from the Contract, the Customer may use the model withdrawal form constituting Attachment No. 1 to these Terms and Conditions, but it is not obligatory.
  6. In the case of withdrawal from the Contract, the Contract shall be deemed not concluded.
  7. The Seller shall promptly, not later than within 14 days from the receipt of the Customer’s statement of withdrawal from the Contract, return to the Customer all payments made by the Customer.
  8. The Seller shall reimburse the payment using the same method of payment used by the Customer, unless the Customer has indicated a different method of reimbursement in his statement of withdrawal that does not involve any costs for him.
  9. The Customer shall only be liable for any diminution in the value of the goods resulting from the use of the goods in a manner other than that which was necessary to establish the nature, characteristics and functioning of the goods.

§ 7 Complaints

  1. In relation to customers who are Entrepreneurs, the Seller shall not be liable for defects of the sold thing.
  2. In relation to Customers who are Consumers or Entrepreneurs on the rights of a Consumer, the Seller shall be liable for the lack of conformity of the Online Course with the contract under the principles set out in Chapter 5b of the Act on Consumer Rights.
  3. A complaint can be submitted by the Customer by e-mail or in writing to the address of the Seller.
  4. When filing a complaint, it is recommended to state in the complaint application at least: 1) name, surname, company name, NIP, correspondence address and contact details; 2) information regarding the date of conclusion of the agreement with confirmation of its conclusion; 3) information and circumstances regarding the subject of the complaint, 4) request regarding the manner of complaint recognition.
  5. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 days of its submission. If the Seller does not respond within the aforementioned time limit, it shall mean that the Seller acknowledged the complaint as justified.
  6. If the complaint is not accepted, the Customer will also be informed whether or not the Seller agrees to an out-of-court settlement of the dispute. If consent is given, the Seller will indicate to the Customer the entity competent to resolve the dispute out of court.

§ 8 Protection of Personal Data

Detailed information on the processing of Customers’ personal data is set out in the “Privacy Policy”, available at: https://en.thenextdoglevel.com/privacy-policy/ , which forms an integral part of these Terms and Conditions.

§ 9 Provision of services by electronic means

  1. The Seller provides the following electronic Services free of charge via the Website: 1) establishment and maintenance of a Customer Account on the Website; 2) enabling the placing of an Order and the conclusion of an Agreement; 3) enabling the use of the Basket; 4) access to purchased Online Courses; 5) making available data and materials, located on the Website, including, above all, information on Online Courses;
  2. Technical requirements necessary for cooperation with the tele-information system through which the Seller provides electronic Services: 1) a PC, Mac or other device that allows the use of the Website; 2) access to the Internet; 3) access to electronic mail;4) appropriate software in the form of a web browser.
  3. It is prohibited for the Customer to provide content of an unlawful nature.
  4. The agreement on provision of services by electronic means is concluded at the moment of creation of a Customer Account by the Customer and also at the moment of commencement of use of a given functionality of the Website enabling use of a given electronic service.
  5. The contract for electronic service provision consisting in the establishment and maintenance of a Customer Account on the Website is concluded for an indefinite period of time. In the scope of other electronic services provided via the Website, the contract for the provision of these services is concluded for an indefinite period of time and is terminated at the moment and through the discontinuation of the use of the given electronic service by the Customer and without the need to make any additional declarations.
  6. The Customer may terminate the agreement referred to in sections 4 and 5 at any time and without indicating a reason by sending an appropriate statement by e-mail or in writing to the Seller’s address. A Customer who is a Consumer, as well as an Entrepreneur on the rights of a Consumer, may also withdraw from the contract referred to in paragraphs 4 and 5 within 14 without stating any reason, on the principles set out in § 6.
  7. A Customer who is a Consumer, as well as an Entrepreneur on consumer rights, may file a complaint regarding services provided electronically by the Seller by e-mail or in writing to the address of the Seller.
  8. The Seller will consider a complaint regarding services provided electronically within no more than 14 days from the date of its receipt, informing the Customer immediately of the results.

§ 10 Final provisions

  1. Customers may access these Terms and Conditions at any time via the link provided on the Website. The Terms and Conditions may be recorded, obtained and reproduced by printing them out or saving them on a suitable data carrier.
  2. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers, as well as Entrepreneurs in their rights as consumers, granted to them under mandatory provisions of law, including in particular the Act of 30 May 2014 on Consumer Rights and the Act of 23 April 1964 of the Civil Code. In the event of any unintentional inconsistency between these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied by the Seller.
  3. If any provision of these Terms and Conditions is found to be illegal, invalid or otherwise unenforceable to the extent provided by law, it shall be excluded to that extent. For the rest, the Terms and Conditions shall remain in force.
  4. The Seller may amend the provisions of the Terms and Conditions after informing the Customers by publishing the consolidated text of the Terms and Conditions on the Website. Amendments to the Terms and Conditions or the new text of the Terms and Conditions shall become effective 14 days after the new text of the Terms and Conditions is placed on the Website.
  5. Orders placed during the validity of the previous version of the Terms and Conditions will be processed in accordance with its provisions.
  6. All graphic elements of the Website, the technical solutions used therein, elements of the content, as well as the manner in which the graphic elements and the content are presented (layout), as well as the software, databases and other materials placed within the Website are the subject of the Seller’s copyright and are protected under the provisions of the Act on Copyright and Related Rights of 4 February 1994.
  7. In order to use the Website, the Vendor grants the Customers a non-exclusive, non-transferable, non-transferable, granted for the duration of the use of the Website, License to use the Website. Within the framework of the granted Licence, the Customer shall only be entitled to temporarily reproduce the Website by displaying it in his/her web browser, as well as to save temporary files, in order to use the available functionalities in a manner consistent with these Terms and Conditions.
  8. These Terms and Conditions shall be governed by Polish law and shall be subject to the jurisdiction of Polish courts. The choice of Polish law shall not deprive the Consumer of the protection granted to him/her under provisions which cannot be excluded by agreement, under the law which would be applicable in the absence of the choice of law.
  9. Any disputes arising between the Seller and a Customer who is a Consumer, as well as an Entrepreneur on the rights of a Consumer, will be settled by a common court of law competent in accordance with the provisions of the Code of Civil Procedure.
  10. Any disputes arising between the Seller and a Customer who is an Entrepreneur will be settled by a common court with jurisdiction over the Seller’s registered office.

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