...

Terms & conditions

§1 Basic information

  1. The owner of the Website available at https://pikus.it/ is Tomasz Pikus, running a business under the name Pikus.IT, Kantatgatan 70 lgh 1801, 215 70 Malmö Sweden, org. nr. 931123-0255, VAT-EU: SE931123025501.
  2. Through the Website, the Website Owner sells Products, including Goods, Digital Products and Services, visible on the Website and provides Electronic Services.

§2 Definitions

Below are the most important definitions contained in the Terms & Conditions.

  1. Account – a set of information, including personal and non-personal data about the Buyer and the history of his orders stored by the Website Owner.
  2. Business day – a day of the week from Monday to Friday, excluding public holidays.
  3. Buyer – a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by special provisions, placing an Order on the Website and using the Electronic Services available on the Website.
  4. Cart – an element of the Website’s software in which the Products selected by the Buyer for purchase are visible, with functionality enabling the determination or modification of the Order, in particular the type or quantity of the Products.
  5. Consumer – a person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
  6. Contract – depending on the subject of the contract, it is:
    1. agreement for the provision of digital content in exchange for a Price;
    2. Services Agreement;
    3. sales agreement;
    4. other civil law contract.
  7. Digital product – data produced and delivered in digital form, including in particular e-book, presets, visual notes, online courses, previously recorded online webinar, templates as well as full-time courses.
  8. Distance contract – a contract concluded as part of an organized system for concluding distance contracts (Website), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  9. Electronic service – service provided electronically by the Website Owner via the Website;
  10. Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by special provisions, conducting business or professional activity on its own behalf.
  11. Force majeure – an event of an accidental or natural nature, completely independent of the will and action of the Website Owner and the Buyer, which could not be predicted and impossible to prevent, in particular events such as: flood, burglary, war, act of terror, introduction of a state of emergency .
  12. Goods – goods (movable goods) available and presented on the Website;
  13. Goods with digital elements – goods containing digital content or a digital service or connected to them in such a way that the lack of the digital content or digital service would prevent its proper functioning;
  14. Newsletter – a type of service provided electronically, under which an agreement is concluded for the delivery of a Product in exchange for personal data.
  15. Order – the Buyer’s declaration of will, submitted via the Website, consisting in the selection of specific Products on the Website, aimed directly at concluding an Agreement on the terms specified in the Regulations.
  16. Owner of the Website – Tomasz Pikus, running a business under the name Pikus.IT, Kantatgatan 70 lgh 1801, 215 70 Malmö, Sweden, org. nr. 931123-0255, VAT-EU: SE931123025501.
  17. Payment data – an interactive form available on the Website enabling placing an Order, in particular enabling the agreement on the terms of the Agreement, including by providing the Buyer’s personal data, as well as determining the method of delivery and payment.
  18. Payment system – payment operator used by the Website Owner, which is visible on the Website: Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.
  19. Price – value expressed in monetary units that the Consumer is obliged to pay to the Website Owner for the Product or a digital representation of this value.
  20. Privacy Policy – a document or subpage of the Website specifying the principles of personal data processing, available at: https://pikus.it/privacy-policy/.
  21. Products – Goods, Digital Products, Services or mixed products presented on the Website.
  22. Service – a service presented for sale on the Website, including: consultations, webinar, online training, workshops and online classes.
  23. Terms & Conditions – this document available at: https://pikus.it/terms-and-conditions/;
  24. Ticket – tangible or intangible confirmation of acquiring the right to access a specific entertainment or cultural event. Confirmation of the acquired rights arising from the concluded Agreement.
  25. User – any natural person visiting the Website using the Electronic Services available on the Website described in the Regulations, including the Buyer.
  26. Website – the website run by the website available at https://pikus.it/ and its subpages, including in particular the online store.

§3 General terms of use of the Website

  1. The Terms & Conditions specify the rules for using the Website and its functionality, the type of Products sold by the Website Owner through it, the type and scope of electronic services provided by the Website Owner, the terms and conditions for placing Orders, the method of concluding and terminating contracts within the Website, the rules and deadlines for payment, delivery conditions and complaint procedures.
  2. For the purposes of the Terms and Conditions, the Website Owner provides contact details (methods of communication):
    1. Company address: Pikus.IT, Kantatgatan 70 lgh 1801, 215 70 Malmö, Sweden;
    2. E-mail address: hej@pikus.it;
    3. Phone number: +46 739 75 65 50
  3. Information about the Product provided on the Website, in particular its description and price, does not constitute an offer but is only an invitation to conclude a contract.
  4. Before using the Website, the Website Owner provides the User with the Terms and Conditions free of charge at the very bottom of the Website. The content of the Terms and Conditions may be recorded by the User by downloading it, saving it on a medium or printing it at any time from the Website.
  5. The User may not use the Website, including placing Orders anonymously, under a pseudonym or using incorrect personal data.
  6. The User is obliged to use the Website in accordance with the Terms and Conditions, applicable law and good practices, taking into account personal rights and intellectual property rights, in particular copyrights of the Website Owner or third parties, and in a manner that does not disrupt the functioning of the Website.
  7. As part of using the Website, the User is prohibited from providing or transmitting illegal content, in particular by sending content prohibited by law, including within the forms available on the Website, or violating intellectual property rights in any way.
  8. Sales take place via the Website 24 hours a day, 7 days a week, all year round. The Website Owner reserves the right to temporarily disable the Website for technical reasons.
  9. The website is informative and serves to present the Seller’s offer and provide educational materials.
  10. The User is authorized to use the Website only for personal use. This means in particular that with respect to data and any other materials contained in the Website’s resources, it is not permissible to use them for the purpose of conducting commercial activities by the User.

§4 Technical requirements

  1. The User may use the available functionalities of the Website in a manner consistent with the Terms and Conditions and applicable law, as well as in a manner that does not interfere with the functioning of the Website or activities undertaken by other Users.
  2. Using the Website, including browsing the Website’s assortment and placing an Order, is possible provided that the User meets the minimum technical requirements:
    1. having a device enabling access to the Internet, equipped with a working operating system, e.g. Mac OS, Android, Windows;
    2. installing on the device referred to above an up-to-date version of a web browser that supports HTML5 providing access to Internet resources, such as: Mozilla FireFox, Google Chrome, Safari or another compatible web browser that supports cookies;
    3. in some situations also – having an active e-mail account.
  3. In order to ensure security on the Website, the Website Owner takes technical, organizational and legal measures appropriate to the level of security risk, in particular it applies measures to prevent, obtain and modify personal data sent via the Internet by unauthorized persons.
  4. The Website Owner ensures the security of data transmission transmitted on the Website by using the SSL protocol.

§5 Electronic services

  1. The Website Owner provides electronic services to the User via the Website.
  2. These Terms and Conditions define the rules and conditions for concluding contracts for the provision of electronic services.
  3. The contract for the provision of Electronic Services is concluded on the terms specified in the Terms and Conditions, for an indefinite period in the case of:
    1. access to the Website – when the User successfully calls up the Website’s website in the browser window of the User’s device or the User uses the redirection to the Website;
    2. using the functionalities of the Website (i.e. payment details, shopping cart) – when the User uses a given service;
    3. creating and maintaining an Account – upon placing an Order for a Product or Service that requires an Account.
  4. Under the conditions specified in the Terms and Conditions , the contract for the provision of Electronic Services is terminated in the event of:
    1. access to the Website – when the User leaves the Website;
    2. using the functionalities of the Website (i.e. payment details, shopping cart) – ceasing to use a given functionality or when the User leaves the Website;
    3. creating and maintaining an Account – upon submitting an application for account liquidation.
  5. The use of Electronic Services is free and voluntary, but necessary to browse the Website’s assortment.
  6. Electronic services are one-time in nature and terminate when the Order is placed or upon earlier discontinuation of using the Website or placing an Order.
  7. If creating an Account is necessary to complete the Order, the Account is created immediately after completing the Order. The electronic service in the form of creating and maintaining an Account is continuous. You may submit a request to close your Account at any time.
  8. The User may terminate any contract for the provision of electronic services at any time, without giving a reason, with immediate effect.
  9. In case of any reservations regarding the operation of the Website, the User may submit a complaint in electronic form to the following address: hej@pikus.it.
  10. It is recommended to include in the description of the complaint information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and the specification of the request and contact details of the person submitting the complaint. Providing this data is optional and does not affect the effectiveness of a complaint submitted without them.
  11. All complaints are resolved immediately, no later than 14 days from the date of receipt. The person filing the complaint receives a response in the form of an e-mail sent to the e-mail address from which the complaint was sent.
  12. The use of Electronic Services involves the transmission of data via the Internet, which is subject to risks specific to this network.

§6 Order

  1. The Buyer purchases the Product on the Website by placing an Order.
  2. To order a Product via the Website, please go to the website https://pikus.it/shop/, then select the appropriate Product category, and then select the Product by taking the next steps in accordance with the messages displayed on the Website’s subpages.
  3. The Buyer’s selection of the ordered Product, including their type and number, is made by adding individual Products to the Cart.
  4. In order to make a purchase, after selecting the Product, the Buyer should press the “Add to cart” button. Then, depending on the Buyer’s decision, the Buyer may make further purchases or proceed to finalize the Order by clicking the Cart icon in the upper right corner and then the “Checkout” button.
  5. After pressing the “Checkout” button, the Buyer will be transferred to a subpage of the Website, which will display information presenting the selected Products, their price, quantity, as well as information about the total cost of the selected Products (“Your order”).
  6. If the Buyer has a special discount coupon, he should enter it in the place marked “You have a coupon” and then press the “Use coupon” button.
  7. The Buyer then indicates his/her personal data (“Payment Data”) by providing the following personal data:
    1. first name;
    2. last name;
    3. address (street, apartment/building number, postal code, city, country);
    4. e-mail adress;
      and in the case of an Entrepreneur or Entrepreneur with consumer rights, additionally:
    5. company name (optional);
    6. VAT-EU Number (optional).
  8. After correctly completing the form, the Buyer should verify all the data entered there.
  9. In the event of irregularities in filling out the Payment Data, the Website will send messages indicating errors or omissions that make it impossible to proceed to the next stage of placing the Order.
  10. At the very bottom of the Website, an Order should appear with the amount to be paid marked as “Your Order” and information about possible payment methods.
  11. Within the Website, it is possible to choose the payment method, which is described in detail in point 9 of the Terms and Conditions – Payment methods and deadlines. The Buyer should select a payment method from the methods available on the Website.
  12. Before finalizing the Order, the Buyer should:
    1. in the case of placing an order for Goods – select the delivery method;
      choose the payment method;
    2. accept the previously read Regulations and Privacy Policy by checking the box marked “I have read and accept the Regulations and Privacy Policy”, which contain active links, when pressed, which open in a new window, respectively – a subpage of the Website with the Terms and Conditions or Privacy Policy. Acceptance of the checkbox is necessary for the Order;
    3. in the case of placing an order for a Digital Product – consent to the delivery of digital content covered by the Order before the deadline for withdrawing from the Distance Agreement. The text of the message next to the window is as follows: “I consent to the provision of the digital content covered by the Order before the deadline for withdrawal from the contract expires and I acknowledge this. I am aware that in this way I lose the right to withdraw from the distance contract. Acceptance of the checkbox is necessary to complete the Order;
    4. if the Buyer has selected a Service that can be performed within 14 days from the date of purchase – consent to the full provision of the services covered by the Order before the deadline for withdrawing from the distance contract. The text of the message next to the window is as follows: “I consent to the full provision of the services covered by the Order before the deadline for withdrawal from the contract expires. I am aware and acknowledge that I thereby lose the right to withdraw from the Distance Agreement upon full performance thereof;
    5. if the Buyer has chosen the Service, the implementation of which may begin within 14 days from the date of purchase – consent to the commencement of the services covered by the Order before the deadline for withdrawing from the distance contract. The text of the message next to the window is as follows: “I consent to the provision of the service before the deadline for withdrawing from the distance contract. I acknowledge that in the event of a request to withdraw from a distance contract, I will be obliged to pay for the service provided until the moment of withdrawal from the contract.
  13. After completing the activities referred to above, the Buyer should consent to the execution of the Order by clicking the “Place order” button, which indicates the need to pay for the Order.
  14. After clicking the “Place order” button, the Buyer will be redirected to the Payment System website to make payment for the selected Products. After successful payment, the Buyer will be transferred to the Website with confirmation of purchase and Order details.
  15. The Buyer is aware that by clicking the “Place order” button, he confirms placing an Order with the obligation to pay the amount due to the Website Owner. Confirmation of placing an Order constitutes the User’s offer to conclude an Agreement with the Website Owner, in accordance with the Terms and Conditions.
  16. The Buyer has the option of creating an Account, which is established immediately after providing the e-mail address and password. The willingness to create an Account is confirmed by an activation link sent to the e-mail address provided by the Buyer.

§7 Terms of concluding contracts

  1. The conclusion of the Agreement between the Buyer and the Website Owner takes place after the Buyer places an Order in accordance with the procedure described in point 6 of the Terms and Conditions – Placing an order.
  2. After placing the Order, the Website Owner immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Buyer appropriate information to the Buyer’s e-mail address provided when placing the Order. The information referred to in the preceding sentence includes at least the Website Owner’s declaration of receipt of the Order and confirmation of the conclusion of the Agreement. The information also includes confirmation of the conclusion of the Agreement.
  3. The contract is treated as concluded when the Buyer receives the e-mail message referred to in point 7.3 of the Regulations.
  4. In the event of consent to the delivery of the Product in circumstances resulting in the loss of the right to withdraw from the contract, the e-mail message referred to in point 7.2 of the Terms and Conditions also includes information about such consent.

§8 Information and price of Products

  1. All prices given on the Website are expressed in Euro or Swedish Krona and exclude tax.
  2. The prices given on the Website refer to one piece of the Product.
  3. The given prices of the Products do not include the costs of delivery of the Goods. Detailed methods and dates of delivery of the Goods are specified in point 14 of the Terms and Conditions – Methods and dates of delivery of the Goods.
  4. Information about the Product’s price, features and important properties of the Product is available on the Website and posted next to the presented Product.
  5. The binding and final price is the price given in the Basket in the Order summary at the time of placing the Order by the Buyer.
  6. The total value of the Order, including the total price for the ordered Products along with delivery costs, is visible at the stage of confirming the Order.
  7. The Website Owner reserves the right to change the prices of Products presented on the Website, withdraw and introduce new Products. The above right does not affect an Order that was placed before the date of entry into force of the price change.

§9 Payment methods and terms

  1. The Website Owner provides the Buyer with the following payment methods:
    quick electronic transfer – paid directly to the Seller’s account via the Payment System. The buyer can choose from one of the following payment systems:
    1. Stripe payment system;
      The order based on the Payment System will be made after receiving the transfer on the settlement account of the Website Owner;
    2. traditional bank transfer, in which payment should be made directly to the Seller’s bank account.
      When making a transfer, the Buyer should use the Order number as the payment title. The order based on a traditional bank transfer will be processed after the payment is credited to the Seller’s account.
  2. Settlement of the transaction referred to in 9.1. Regulations may involve the need to register in the Payment System or accept the regulations or conditions of use of the Payment System by the Buyer, which are independent of the Website Owner and the provisions of the Terms and Conditions.
  3. If the Buyer chooses a traditional bank transfer, the Buyer is obliged to make the payment immediately, no later than within 3 days from the date of conclusion of the Agreement. The day of crediting the Seller’s bank account is considered the payment date.
  4. An electronic invoice is issued for each order.
  5. The Buyer agrees to issue an electronic invoice and send it to the address indicated in the Payment details form.

§10 Pre-sale and promotional campaigns

  1. The Website Owner allows for pre-sale of Products. The delivery date of a product sold during pre-sale will always be provided in the description of a given Product.
  2. The Website Owner reserves the right to organize promotional campaigns, which may include:
    1. by granting an amount or percentage discount on a given Product or group of Products;
    2. directing promotional codes to a selected group of people;
    3. applying discounts directly on the Website;
    4. directing personalized discounts.
  3. To the extent required by law, in each case of informing about a reduction in the price of the Product, next to the information about the reduced price, the Website Owner also displays information about the lowest price of the Product, which was valid in the period of 30 days before the introduction of the reduction.
  4. If a given Product is offered for sale for a period of less than 30 days, next to information about the reduced price, the Website Owner displays information about the lowest price of this Product, which was valid in the period from the date the Product was offered for sale until the date of introduction of the discount.
  5. The discount referred to in 10.2 of the Regulations is calculated on the price of the Product, excluding delivery costs.
  6. Promotional campaigns may be valid for a specified period of time indicated by the Website Owner or until further notice.
  7. The Website Owner allows for the organization of competitions. The rules for organizing the competition are covered by separate regulations.

§11 Delivery of a Digital Product, Withdrawal from the contract

  1. Delivery of the Digital Product is carried out by sending the Buyer a link enabling its download or logging in to the platform. The link is sent to the e-mail address indicated by the Buyer in the Payment details form immediately, but no later than 48 hours from the date of payment, subject to the rules set out in point 10 of the Regulations – Pre-sale and promotional campaigns.
  2. The digital product is sold in PDF, ePub and MOBI formats, unless otherwise stated in the Product description.
  3. A Digital Product is deemed to have been delivered when the Digital Product or the means by which the Digital Product is accessed or downloaded is made available to the Consumer or to a physical or virtual device that the Consumer has independently selected for this purpose, or when the Consumer or such a device, they gained access to it.
  4. Delivery of the ordered Digital Product is free of charge.
  5. If the Website Owner has not delivered the Digital Product, the Consumer calls on him to deliver it. If the Website Owner does not deliver the Digital Product within the period referred to in point 11.1. Regulations or within an additional period expressly agreed by the Consumer and the Website Owner, the Consumer may withdraw from the contract.
  6. The consumer may withdraw from the contract without requesting delivery of the Digital Product if:
    1. it clearly follows from the Website Owner’s statement or circumstances that he will not deliver the Digital Product, or
    2. The Consumer and the Website Owner have agreed, or the circumstances of concluding the contract clearly indicate, that a specific deadline for the delivery of the Digital Product was of significant importance to the Consumer, and the Website Owner did not deliver it within that period.
  7. The Website Owner is obliged to refund the Consumer the Price due as a result of exercising the right to withdraw from the contract immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract.
  8. The order processing time may change for reasons beyond the control of the Website Owner. If the execution of the Order is not possible within the time referred to in point 11.1 of the Regulations, the Website Owner will immediately notify the Buyer and indicate a new, approximate date for the execution of the Order. If the new date is not accepted by the Buyer, the Buyer has the right to withdraw from the contract without incurring any costs. With respect to Buyers who are not Consumers, the Website Owner is not liable, to the fullest extent permitted by law, for any delays in the execution of the Order caused by circumstances beyond the control of the Website Owner.
  9. In the event of withdrawal from the contract, the Website Owner prevents the Consumer from further using the Digital Products, in particular by preventing the Consumer from accessing the Digital Product or blocking the account, if one has been created.
  10. Point 11 of the Regulations and the provisions contained therein apply accordingly to Entrepreneurs with consumer rights.

§12 Digital Product License

  1. The digital product offered via the Website constitutes the intellectual property of the Website Owner.
  2. Upon concluding the Agreement for the delivery of a Digital Product, the Website Owner grants the Buyer a non-exclusive and non-transferable license, without the right to grant sublicenses to use the Digital Product (License).
  3. The license is granted only in the following fields of use:
    1. recording it digitally in the memory of a computer, tablet or other reader;
    2. in the case of an e-book or other similar product – permanent or temporary reproduction of the Digital Product in whole or in part, using digital technology, to the extent that its reproduction, including printing, is necessary to display, reproduce or store the Digital Product;
    3. permanent or temporary display, digital reproduction of the Product, and in the case of an e-book or other similar product, additionally – its digital storage
      – unless otherwise stated in the description of the Digital Product.
  4. The license does not include the right to:
    1. copying in whole or in part, except to the extent necessary for the proper use of the Digital Product for your own use;
    2. creating derivative products based on the Digital Product or its parts;
    3. transfer the right to use the Digital Product or part thereof to other persons, license, lease, rent, lend or otherwise transfer (make available) the Digital Product in whole or in part.
  5. The license is granted indefinitely, unless otherwise stated in the description of the Digital Product. The remuneration for granting the License is included in the payment you make for the Digital Product.

§13 Delivery methods and dates for Goods with digital elements

  1. Delivery of the Goods is carried out on Business Days by shipment to the postal address provided by the Buyer in the Payment Details form.
  2. Delivery of the Goods is subject to payment. Delivery costs, including transport, delivery and postal services fees, are indicated to the Buyer when placing the Order.
  3. Delivery of the Goods is available within the territory of the Republic of Poland.
  4. Delivery costs are borne by the Buyer, unless the Seller indicates otherwise on the Website.
  5. The delivery date results from the delivery method selected by the Buyer when placing the Order.

§14 Ticket sale

  1. The Website Owner organizes closed events for which the purchase of a Ticket is required.
  2. The Website Owner enables the purchase of a Ticket or the conclusion of a fixed-term contract in exchange for a one-time payment of the Price.
  3. The sale of Tickets is a form of protection for the Website Owner against the risk related to the reservation of specific resources necessary to organize the event.
  4. The ticket provides for a specific date or period of the event.
  5. After purchasing the Ticket, the Buyer will receive detailed information regarding the implementation of the event.
  6. To purchase a Ticket, the Buyer should follow the procedure specified in point 6 of the Regulations – Placing an order.
  7. The Ticket can only be activated on the day or period indicated on the Ticket.
  8. The ticket cannot be exchanged for cash, either in whole or in part, and cannot be refunded.
  9. If the Buyer purchases a Ticket for a third party, he or she must inform that person about the rules of using the Ticket.
  10. The event (cultural or entertainment event) takes place on the day or during the period indicated in the description of the event, on the Ticket or in accordance with the prepared schedule.
  11. The Website Owner reserves the right to cancel the event for an important reason no later than 12 hours before the planned date of the event, unless an important reason occurred later. An important cause should be understood as random events, in particular the sudden illness of the Website Owner.
  12. The Website Owner will immediately inform each participant by e-mail or telephone about the cancellation of the event for an important reason.
  13. The Website Owner will set a new date for the event referred to in section 1 above.
  14. The price paid for the Ticket for the event will be credited towards the new event date or will be refunded – according to the Buyer’s decision.

§15 Services

  1. The Website offers the sale of Services: 1) individual or 2) group.
  2. Services can be provided stationary or online.
  3. The Buyer is obliged to agree with the Website Owner the date for the performance of the Service, unless this date is specified in the Service description or using the appointment scheduling system.
  4. The Website Owner enables the conclusion of a fixed-term contract in exchange for:
    1. one-time payment;
    2. payments in installments.
  5. If the purchase is made in installments, the Buyer undertakes to pay subsequent installments within the deadline specified by the Website Owner.
  6. In the absence of timely payment, the Website Owner, after a prior request for payment, reserves the right to suspend the provision of services or terminate the Agreement.
  7. The service is performed within the period specified in the Service description or in accordance with the schedule prepared by the Website Owner.
  8. Delivery of the Online Service is carried out via distance communication services, including Google Meet.
  9. Delivery of the stationary Service is carried out at the headquarters of the Website Owner or another place indicated in the Service description.
  10. The Service may be provided provided that the Buyer meets the minimum technical requirements. The buyer must have:
    1. a device enabling access to the Internet, equipped with a working operating system (e.g. macOS, Android, Windows);
    2. the current version of the web browser installed on this device (e.g. Mozilla FireFox, Google Chrome, Safari or other compatible web browser that supports cookies);
    3. active e-mail account;
    4. have headphones or a speaker for audio playback, a microphone and a camera.
  11. The Website Owner is not responsible for any irregularities, including technical problems related to the inability to provide the Service, if the reason lies with the Buyer or third parties whose services the Buyer uses.
  12. In the event of technical problems, either in whole or in part, which are attributable to the Website Owner, the Website Owner will set a different date for the Service.
  13. The Website Owner reserves the right to cancel the performance of the Service for an important reason no later than 12 hours before the planned date, unless an important reason occurred later. An important cause should be understood as random events, in particular a sudden illness.
  14. The Website Owner will immediately inform the Buyer via e-mail about the cancellation of the Service for an important reason and we will set a new date.
  15. The service will be performed as soon as possible. The paid Price will be credited towards the new date or will be returned to the Buyer – according to his decision.
  16. In the case of individual Services, the Buyer may postpone the date no later than 24 hours before the planned date.
  17. During or before the performance of the Group Service, the Website Owner may share materials.
  18. The use of materials is possible provided that the minimum technical requirements are met. The buyer must have a program enabling downloading or opening a file in PDF, doc., mp3, mp4, ZIP, RAR format.
  19. Materials may be transferred via e-mail, a dedicated platform or application. Each time, the Buyer will be informed about how to gain access to the materials.
  20. The materials provided by the Website Owner, both in their entirety and their individual elements, including in particular graphic, multimedia and text elements are intellectual property.

§16 Additional services

  1. The offered Products may be accompanied by additional benefits, including in particular:
    1. access to a closed online group hosted on an external social media platform such as Facebook, Instagram, Discord;
    2. participation in additional events, such as online webinar, online training, online workshops.
  2. These additional services are secondary to the main obligation of the Website Owner.

§17 The right to withdraw from a distance contract

  1. A consumer who has concluded a distance contract with the Website Owner may withdraw from it within 14 days without giving reasons and without incurring costs, subject to points 17.7-17.15 of the Terms and Conditions.
  2. In order to exercise the right to withdraw from the contract, the Consumer must inform the Website Owner about his decision to withdraw from the contract by means of an unambiguous statement.
  3. In order to meet the deadline for withdrawing from a distance contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the deadline for withdrawing from the contract expires.
  4. Immediately after receiving the declaration of withdrawal from the contract, the Website Owner sends the Consumer confirmation of its receipt.
  5. The deadline for withdrawing from a distance contract begins:
    1. for a contract in which the Website Owner issues the Product, being obliged to transfer its ownership – from the Consumer or a third party indicated by him other than the carrier taking possession of the Product, and in the case of a contract which:
    2. includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part,
      consists in regular delivery of the Product for a specified period of time – from taking possession of the first item,
    3. for other contracts – from the date of conclusion of the Agreement.
  6. A declaration of withdrawal from the contract may be submitted:
    to the company’s e-mail address: hej@pikus.it.
  7. The right to withdraw from a distance contract is not available to the Consumer in relation to a contract for:
    1. providing digital content not delivered on a tangible medium for which the Consumer is obliged to pay a price (i.e. obtaining access to digital content) if the Website Owner commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the provision of the service by the Owner the Website will lose the right to withdraw from the contract and has acknowledged this, and the Website Owner has provided the Consumer with confirmation of the conclusion of the Remote Agreement and receipt of consent to the provision of digital content in circumstances resulting in the loss of the right to withdraw from the contract;
    2. for the provision of services related to entertainment or cultural events, if the contract specifies the day or period of service provision;
    3. an agreement on the transfer of ownership of the Goods, in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer’s specifications or serving to meet his individual needs;
    4. an agreement on the transfer of ownership of the Goods, in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
    5. contract for the provision of services, if the Website Owner has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract.
  8. In the case of a Service, the performance of which – at the express request of the Consumer – began before the deadline for withdrawal from the contract, the Consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
  9. The Website Owner is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the Product, if the Buyer has chosen the cheapest possible method of delivering the Product.
  10. The Website Owner refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
  11. If the Website Owner has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Product back or until the Consumer provides proof of sending it back, depending on which event occurs first.
  12. The direct costs of returning the Goods are borne by the Buyer. They Buyer is obliged to properly secure the returned Goods to prevent damage during transport.
  13. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Website Owner, the Website Owner is not obliged to reimburse the Consumer for any additional costs incurred.
  14. If the Website Owner has not offered to collect the Goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of sending them back, depending on which event occurs first.
  15. If the Consumer exercises the right to withdraw from the contract after submitting a request, is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
    In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
  16. Point 17 of the Terms and Conditions applies accordingly to Entrepreneurs with consumer rights.

§18 Newsletter

  1. The Website Owner provides an electronic service in the form of a Newsletter service, which consists in sending commercial and marketing information to Users registered on the list of Subscribers, including blog articles, content of posts in social media, products and services, events or training via e-mail communication.
  2. In order to start providing the Newsletter service, i.e. adding an e-mail address to the list of Subscribers, the User will be asked to complete the Subscription Form available on the Website and provide the name and e-mail address and confirm the subscription by pressing the “Subscribe” button. Confirmation of the subscription will result in e-mail correspondence being sent to the User to the e-mail address provided by him or her, with a request to confirm the subscription or to delete the e-mail in a situation where the query was sent by mistake. Correspondence addressed to the User contains an active link, after clicking which the User confirms the registration. Confirmation of the subscription adds the list of Subscribers to the database.
  3. Confirmation of the entry means that the User consents to sending marketing and commercial information to him via electronic means of communication within the meaning of the Act on the provision of electronic services. By confirming the subscription to the newsletter, the User consents to the Website Owner using telecommunications terminal devices for direct marketing purposes, as well as the transmission of commercial information in this communication channel. The above consents are voluntary, but necessary to subscribe to the list of subscribers and send the Newsletter. Lack of consent means that the Newsletter service cannot be provided.
  4. The Subscriber may withdraw his/her consent at any time, which will result in the discontinuation of the Newsletter service. Upon effective subscription to the list of Subscribers, a contract for the supply of digital content in exchange for payment with data is concluded.
  5. The User who wants to use the Newsletter service is obliged to provide true personal data when completing the Subscription Form. Newsletter regulations and updating them in the event of changes.
  6. The Newsletter service is covered by copyright and other property rights of the Website Owner.
  7. The User may unsubscribe from the Newsletter service at any time and without giving a reason. Resignation may be reported to the Website Owner:
    1. in electronic form via an active link always placed in the footer of each message sent as part of the Newsletter service marked as “I unsubscribe”.
    2. in electronic form to the following address: newsletter@pikus.it;
  8. The User using the link to unsubscribe from the Newsletter service, sending correspondence via e-mail requesting to unsubscribe from the service will result in immediate termination of the contract for the provision of the Newsletter service.
  9. The Website Owner reserves the right to discontinue the provision of the Newsletter service at any time. The Website Owner will inform the User about the discontinuation of the Newsletter service via the e-mail address provided as part of the procedure for subscribing to the Newsletter service.

§19 Force Majeure

  1. During Force Majeure, the Parties to the concluded Agreement will be released from any liability for non-performance or improper performance, provided that the circumstances of Force Majeure constitute an obstacle to the performance of the concluded Agreement.
  2. This paragraph also applies in the period immediately preceding or immediately following the occurrence of Force Majeure, if only during the indicated period the impact of Force Majeure will constitute an obstacle to the performance of the Agreement.

§20 Changes to the Terms and Conditions. Dispute settelement

  1. The Terms and Conditions are valid from the date of publication on the Website.
  2. All rights to the Website, including economic copyrights, intellectual property rights to its name, its internet domain, the Website’s website, as well as patterns, forms, logos and photos posted on the Website belong to the Website Owner or the Website Owner has a license or other the right to use them.
  3. The Website Owner reserves the right to make changes to the Terms and Conditions, to the extent permitted by applicable regulations. The Website Owner is entitled to unilaterally change the Terms and Conditions to the extent that has not been individually agreed with the User for justified reasons.
  4. The amendment to the Terms and Conditions does not apply to contracts concluded before the date of entry into force of the amendment to the Regulations. The provisions of the Terms and Conditions in force on the day the User expresses his will to conclude the contract shall apply to contracts concluded before the date of entry into force of the amendment to the Regulations.
  5. The Website Owner informs the User about the proposed change to the Regulations by publishing it on the Website:
    1. the content of the proposed amendment to the Regulations;
    2. the date of entry into force of the changes to the Regulations;
    3. uniform content of the Regulations after changes.

The Terms and Conditions enter into force on November 25, 2023.