STORE
STUDIO

Store Regulations

STORE REGULATIONS

The products offered in the Store are sold by Daria Kister conducting business under the name Lans Balans Daria Kister, Danholmen 25, 31 28 Nøtterøy Norway NIP 834042622, hereinafter referred to as Seller

You can contact the Seller by writing to dariakister@lansbalans.com or by phone: +48 792 707 785

As required, we have designated a point of contact for direct communication with Member State authorities, the Commission, the Digital Services Board, as well as with Users using the Site. Quick and direct communication is possible by e-mail to the e-mail address provided above.

Copyright notice: The regulations were created in cooperation with the Office of legal counsel Kinga Konopelko http://www.kingakonopelko.pl). Copying and distribution of this document without the author’s permission is prohibited and may be subject to both criminal and civil liability.

§1 BASIC CONCEPTS

Explanation of basic concepts:

  1. Price – the value expressed in monetary units that the customer is obliged to pay, and in the case of digital content/service – also a digital representation of the value;
  2. Business day – a day of the week from Monday to Friday, excluding holidays;
  3. Proof of payment – an invoice or receipt issued in accordance with the Value Added Tax Act or other provisions of applicable law sent to the Customer;
  4. Customer – an entity that plans to make a purchase or makes a purchase of product(s), i.e. a person fi A natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude an Agreement with the Seller, also referred to as the User;
  5. Consumer – an individual making a purchase for purposes that are not directly related to his/her business/professional activity;
  6. Offer – a proposal to conclude a contract containing the essential elements of the Product (including but not limited to product description, individual proposal of the Seller).
  7. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store;
  8. Entrepreneur on the rights of the consumer – a natural person, entering into a contract directly related to his business activity, when it is clear from the content of the contract that the contract does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
  9. Product – Goods or Services offered by the Seller in the Store, intended for sale; Product is for a fee, unless otherwise indicated;
  10. Electronic product – digital content that the customer receives as part of the purchase, which takes the form of an electronic file. The format of the file depends on the content of the material (e.g. e-book, other materials in pdf form, audio/video);
  11. Digital service – a service that allows the customer to: a) produce, process, store or access data in digital form, b) share data in digital form that was sent or produced by the consumer or other users of this service, c) other forms of interaction using such data;
  12. Terms and Conditions – these Terms and Conditions of Sales setting out the rules for the use of the Store, placing orders and the rules of order processing by the Seller;
  13. Store/Website/Service – a website on which the Seller’s business is conducted, including, but not limited to, the sale of products by the Seller or on which the Seller’s and Users’ content is made available;
  14. Goods – the thing that is the subject of the contract concluded between the Seller and the Customer;
  15. Goods with digital elements – goods containing or connected to digital content or digital service in such a way that the absence of the digital content or digital service would prevent it from functioning properly;
  16. User Content – information made available, produced and/or provided by the User as part of the use of the Service, including but not limited to:
  17. (a) opinions about Products, Services, Service,
  18. (b) comments under content made available on the Service,
  19. (c) information contained in the account of a User visible on the Service,
  20. (d) the content of posts and comments on the Facebook group or on dedicated social media channels,
  21. (e) creating notes within the platform,
  22. (f) information made available within the User Account accessible to other Users;
  23. Trtangible medium – material or tool for storing information that allows access to this information in the future (for the time necessary to fulfill the purposes the information serves) and makes it possible to reproduce the stored information unchanged;
  24. Agreement – mutual arrangements of the Seller and the Customer defining the mutual rights and obligations;
  25. Service – service provided by the Seller to the Customer.
  • 2 RULES OF COOPERATION AND CONCLUSION OF THE CONTRACT
  1. The terms of execution of the contract and the rules of cooperation are set forth in the Regulations and the Offer.
  2. The Terms and Conditions and the Offer do not exclude or limit the rights of the Customer who is a Consumer or Entrepreneur on the rights of a Consumer under the mandatory provisions of law.
  3. In the event of any discrepancy between the Terms and Conditions and the Offer, the Offer shall be binding.
  4. The contract is concluded when the Customer accepts the Terms and Conditions, makes payment and the Seller confirms acceptance of the order for execution, subject to the provision below.
  5. In the situation where the payment date falls after the conclusion of the Contract, the Contract is concluded when the Customer accepts the Terms and Conditions and the Seller accepts the order for execution.
  6. Making payment is understood as the posting of payment by the Seller or payment intermediary.
  • 3 PRICE
  1. The price is a gross price and includes all taxes required by law, except when the Seller has clearly indicated that the price is net and VAT must be added to it.
  2. The price does not include information on delivery costs or other costs that the customer will be obliged to pay, which will be communicated to the customer before placing the order.
  3. The reduced price is the price in effect as a result of the reduction in the price of the Product.
  4. The lowest price is the lowest price for the Product that was in effect during the 30-day period prior to the introduction of the reduction, and in the case of a product offered for sale for a period of less than 30 days, the lowest price is the lowest price in effect during the period from the date of commencement of offering of that Product until the date of introduction of the reduction.
  5. In case the Seller uses the procedure of individual price adjustment on the basis of automated decision-making, the Seller will inform the Customer about it before placing the order.
  • 4 ORDERING RULES
  1. The customer can use the Store 7 days a week, 24 hours a day.
  2. The merchant uses the Stripe service to offer online payments.
  3. Payments can be made by traditional transfer, electronic transfer, debit or credit card, BLIK payment and through other payments offered by the Service.
  4. The Customer is obliged to make payment immediately after placing the order, unless otherwise stated in the Offer or in the payment method chosen by the Customer.
  5. In order to purchase Products through the Store, you must:

1) select the Product(s) you wish to purchase, from the options available on the site, by clicking on the “add to cart” button or analogous button;

2) After selecting the Products, indicate the required information (e.g., customer data, payment method, delivery method);

3) learn about the total price for the selected Products, including delivery and other additional costs resulting from the order;

4) accept the Terms and Conditions and the order, and make payment for the order according to the selected payment method. Once the order has been placed, the Seller will send a confirmation of the order.

  1. In order to purchase Products electronically, e.g. by e-mail or by instant messaging or by an external program, you must:

1) Select the Product(s) you wish to purchase and review the Offer;

2) After selecting the Products, indicate the information required by the Seller (e.g., customer data, payment method, delivery method);

3) before accepting the order, read the information about the total price for the selected Products, including delivery and other additional costs resulting from the order;

4) accept the terms of cooperation presented by the Seller for the order, including the Terms and Conditions, and make payment for the order in accordance with the selected payment method. Once the order has been placed, the Seller will send a confirmation of the order.

  1. After the conclusion of the Contract, the Vendor also sends the Customer the terms and conditions of the Contract, if they were not provided before the conclusion of the Contract.
  2. The seller has the right to cancel the order if the customer fails to make payment within 3 working days from the date of the order, or if the customer fills in the order form in a way that prevents its proper implementation, despite the customer’s request to complete/correct the data under pain of cancellation.
  • 5 ORDER PROCESSING RULES

Electronic products

  1. In the case of purchase of a Product including Electronic Product, access to the Product will be granted to the Customer immediately after effective payment, no later than within 48 hours, unless otherwise stated in the Offer.
  2. The electronic product will be made available within the User Account or will be sent to the e-mail address provided by the Customer, subject to the provisions below.
  3. In the case of a Product such as courses or other electronic products, where materials, due to the nature of the Product, are not available immediately after purchase, materials will be made available systematically on successive days of the course or immediately – depending on the Offer.
  4. In the case of the purchase of a Product that includes access to a Facebook group or other platforms, as well as live broadcasts (webinars/online meetings), the Customer will be granted access to the aforementioned venues immediately after the purchase or within a timeframe based on the specifics and the Offer.
  5. The Customer is aware that online transmissions may be recorded, and recordings of the transmissions may be made available as part of the Product.
  6. Unless otherwise specified in the Offer, access to the Product is for a limited period of 12 months from the date of the Agreement.
  7. If the Customer cannot run the shared file or materials, he should contact the Vendor.
  8. The Vendor shall inform the Customer of updates, including security features necessary for the Product to comply with the contract.

Consultations/Meetings/Sessions

  1. For details of the service, please refer to the Offer.
  2. The term “hour” should be understood as 55 minutes, unless otherwise specified in the Offer.
  3. The consultation will be carried out after the Customer has made an appointment with the Seller via e-mail and/or in the form of a text message and/or or via the provided online calendar (if provided) – unless otherwise specified in the Offer.
  4. The customer may use the service no later than 3 months from the date of purchase, unless otherwise stated in the Offer.
  5. It is possible to reschedule the service 1 time. The condition for the change is cancellation of the service date no later than 48 hours before the scheduled date and setting a new date. If the service is not canceled in accordance with the above rules, the service will be considered as provided. Rescheduling should be done by e-mail or telephone to the e-mail address or telephone number indicated in the Rules.

Services under a subscription model

  1. For the provision of Services in a subscription model, including the provision of access to products for a limited period of time, unless otherwise specified in the Offer:

1) The contract is concluded for the specified period of time indicated in the order, unless otherwise specified in the Offer and the nature of the service;

2) If the contract is not terminated at the latest by the day preceding the contract term, the contract will be automatically extended indefinitely. Termination can be submitted to the Seller’s address indicated in the Terms and Conditions without stating a reason or by clicking on the option available within the User Account.

3) In the case of a contract of indefinite duration, it is possible to terminate it with effect at the end of the settlement period.

4) Month of access shall be understood as a calendar month counting from the date of effective payment.

Services – other

  1. For details of the Service, please refer to the Offer.
  2. The term of the Service is calculated from the date of receipt from the Customer of the information necessary for the due performance of the Service, unless otherwise specified in the Offer.
  • 6 TECHNICAL CONDITIONS
  1. The customer may use the Store in accordance with the Regulations and applicable laws.
  2. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above.
  3. In order to use the Store or place an order, it is necessary for the Customer to have:

1) the current version of the web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);

2) an active e-mail account.

  1. In order to use the Products, it is necessary for the Customer to have:

1) the current version of the web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);

2) an active e-mail account;

3) current tool/program that supports electronic files in the format indicated in the Offer (e.g., *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);

4) an account on the Facebook social networking platform or instant messenger in case the Offer indicates that the subject of the contract is, among other things, access to a dedicated Facebook group.

  1. If additional technical requirements are necessary to use the Store or Products, the Customer will be informed before using the Store or before placing an order for a Product.
  • 7 COPYRIGHTS AND LICENSES
  1. All materials made available by the Seller, including Electronic Products and Services, texts, photos, graphics, multimedia and trademarks are a work within the meaning of the Law on Copyright and Related Rights, subject to legal protection.
  2. Copyright to the aforementioned materials is held by the Seller or another entity from which the Seller has obtained the appropriate license. The materials may also be used by the Seller on another legal basis.
  3. Any materials made available by the Seller may be used only by the Customer for his own use, unless otherwise stated in the Offer. It is unauthorized to further distribute, share, rip or download in any way the materials outside the scope of permitted use.
  4. The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time limitations are based on the Offer or on these Terms and Conditions. The remuneration for granting the license is included in the price.
  5. The license granted to the customerdoes not includeThe right to:

1) permanent or temporary reproduction of the product in whole or in part, other than to create a copy for personal use,

2) make any other changes in part or in whole of the Product,

3) to distribute the product for a fee by any means and in any form,

4) to distribute the product free of charge by any means and in any form.

  1. In case of violation of the prohibition referred to in this paragraph, including copyright infringement, the Seller shall have the right to claim damages and compensation from the Customer. The Customer in the aforementioned scope may bear civil or criminal liability.
  2. The Seller has the right to make periodic updates to Products, including, in particular, Electronic Products.
  • 8 NON-CONFORMITY OF GOODS AND WARRANTY
  1. This chapter sets out the rules of liability for the compliance of performance with the Contract obliging to transfer ownership of the Goods to the Consumer and the Entrepreneur on the rights of the Consumer for contracts concluded from January 1, 2023.
  2. The provisions of Chapter XI of Book Three of Title II of the Act of April 23, 1964, shall not apply to contracts obliging the transfer of ownership of goods, including, in particular, contracts of sale, contracts of delivery and contracts for work being goods. – Civil Code, but only the Law on Consumer Rights. Detailed information on the aforementioned rules can be found in the Law on Consumer Rights, and these Regulations are not intended to limit or change them.
  • 9 ADDITIONAL CUSTOMER ENTITLEMENTS FOR CONTENT/DIGITAL SERVICE
  1. This section defines the rights of the Consumer and the Entrepreneur on the rights of the Consumer in the case of contracts for the provision of digital content/service concluded from January 1, 2023. Details of the Customer’s rights are set forth in the provisions of the Consumer Rights Act, and these Regulations are not intended to limit or change them.
  2. If the digital content or digital service is not in conformity with the contract, the customer may demand to be brought into conformity with the contract, or make a declaration to reduce the price or withdraw from the contract.
  3. The Seller may refuse to bring the digital content or digital service into conformity with the contract if bringing the digital content or digital service into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
  4. If the digital content or digital service is not in compliance with the contract, the customer may submit a statement of price reduction or withdrawal from the contract when:

1) it is impossible or requires excessive costs to bring it into conformity with the contract;

2) The vendor failed to bring the digital content or digital service into compliance with the contract;

3) non-conformity with the contract continues even though the Seller has tried to bring the digital content or digital service into conformity with the contract;

4) the non-conformity of the digital content or digital service with the contract is significant enough to justify an immediate price reduction or cancellation of the contract;

5) it is clear from the seller’s statement or circumstances that it will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the customer.

  1. The customer may not withdraw from the contract if the digital content or digital service is provided in exchange for payment of a price, and the lack of conformity with the contract is insignificant.
  2. If the Customer has not received the content or digital service, the Customer shall inform the Seller. If they are not delivered promptly or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract.
  3. The customer may withdraw from the contract without calling for delivery of digital content or digital service, if:

1) The Seller has stated or it is clear from the circumstances that it will not deliver the digital content or digital service, or
2) The parties have agreed, or it is clear from the circumstances of the conclusion of the contract, that a specific date for the delivery of the digital content or digital service was of significant importance to the Customer, and the Seller failed to deliver it within that date.

  1. The Customer may file a complaint regarding the nonconformity of the Goods with the contract, as referred to in §8 and §9 by sending it to the Seller’s address indicated in the Terms and Conditions (mailing or e-mail address). The complaint should contain data enabling identification of the Customer, the subject of the complaint and the demands related to the complaint. In the case of receipt of an incomplete complaint preventing its consideration, the Seller will call the Customer to supplement it under pain of leaving the complaint unprocessed. The Customer may file a complaint using the template attached hereto as Appendix No. 3. This procedure applies mutatis mutandis to the rights under §8 of the Regulations.
  2. The Seller shall consider complaints within 14 days of receipt, unless otherwise specified in special provisions. The response will be sent to the Customer’s e-mail address or by any other means indicated by the Customer.
  3. The provisions of this chapter shall not apply if the contract provides for the delivery of digital content through a tangible medium.
  • 10 IMAGE.
  1. The Customer is aware that the image of the Participant shared by the Customer in cooperation with the Vendor, may be processed by the Vendor, including recording and disseminating for educational and archival purposes, as well as for purposes related to the performance of the Agreement.
  2. The Client – by switching on the camera during the online transmission (webinars/online meetings) or by making his/her image available to the Vendor in any other way, consents to the Vendor’s recording, use and dissemination of the Participant’s image in the form of a recording/photographs from the course of the online transmission/cooperation for the purposes indicated in paragraph 1.
  3. Processing of the image of the Client/Participant for marketing and promotional purposes requires separate consent.
  4. The image referred to above may be used for various forms of electronic processing, framing and composition, as well as juxtaposed with images of other persons participating in the online transmission, while the film and sound recording with its participation may be cut, edited, modified, added to other materials created as part of the Seller’s activities. Consent includes all forms of publication.
  5. The client may not record, use and distribute the image of other participants/leaders without the prior consent of the aforementioned persons.
  • 11 PRODUCT REVIEWS
  1. Product reviews published by the Seller are verified by the Seller.
  2. Verification is carried out, among other things, by comparing personal data or details of cooperation with the data and information held by the Seller regarding Customers who have used the Seller’s Products so far, as well as by direct contact with the above-mentioned person with thanks for the opinion or by sending a dedicated link to Customers to leave feedback or by obtaining feedback through direct communication with the Customer.
  3. In case of doubts about whether the opinion comes from a person using the Seller’s Products, the opinion is not published by the Seller.
  4. The published reviews are intended to present the benefits of using the Vendor’s Products, which have been recognized by existing customers.
  5. The vendor does not use sponsored or barter reviews.
  • 12 WITHDRAWAL FROM THE CONTRACT
  1. This chapter sets out the rules for withdrawal from the contract by the Consumer and the Entrepreneur on the rights of the consumer.
  2. The Customer who is a Consumer or an Entrepreneur acting on the rights of a Consumer has the right to withdraw from the contract within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller about it by an unequivocal statement, sending, for example, an e-mail or a letter to the address indicated in the Terms and Conditions. For more information on the right of withdrawal, please see Appendix 1 and 2 to the Terms and Conditions.
  3. The right of withdrawal does not apply to the contract for:

1) for the provision of services for which the Customer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Customer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract, and accepted it;

2) for the provision of digital content not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the Customer, who was informed before the start of performance that after the Seller’s performance will lose the right to withdraw from the contract, and has accepted this, and the Seller has provided the Customer with confirmation of receipt of consent;

3) the subject of the service is a non-refabricated good, produced according to the customer’s specifications or serving to meet his individualized needs (so-called customized goods);

4) the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;

5) the subject of performance is the provision of daily newspapers, periodicals or magazines, except for a subscription contract;

6) the conclusion occurred through a public auction;

  1. The customer referred to in paragraph 1 shall be liable for any diminution in the value of the Product due to the use of the Product beyond what is necessary to ascertain the nature, characteristics and functionality of the Product.
  2. In the event of withdrawal from the contract for the provision of digital content or digital service, the customer shall refrain from using such digital content or digital service and making it available to third parties.
  • 13 USER ACCOUNT
  1. The Seller creates a User Account for the Customer, i.e. individual panel launched on behalf of the Customer by the Seller in order to use the Seller’s Products after the Customer has registered and concluded a free contract for the creation and maintenance of a User Account, hereinafter referred to as the Account. The contract for the creation and maintenance of a User Account is concluded for an indefinite period of time.
  2. The Customer may not share a User Account with third parties or have multiple User Accounts.
  3. Creating a User Account is necessary to access the User Account, to place an order and to access the Product, provided that the Product is made available on the User Account.
  4. The seller sends na specified by the Customer e-mail address information on
    User Account. The Customer shall establish an individual password for the Account. The Customer is obliged to establish an individual password also in the event that, for the purpose of registering a User Account, the password is automatically generated by the system. After registering an Account, the Customer should immediately establish a new password.
  5. Customer may submit a request for deletion of the Vendor’s User Account by e-mail or any other method accepted for communication with the Vendor with 14 days’ notice without giving any reason.
  6. Deletion of the User Account may involve loss of access to the Products provided under the User Account.
  7. The seller may terminate the contract for creation and maintenance of a User Account:

1) for important reasons with 14 days’ notice (applies to a Customer who is a Consumer or Entrepreneur on the rights of a Consumer); an important reason shall be understood as, in particular, violation by the Customer of the provisions of the Regulations or legal regulations, as well as undertaking by the Customer of actions contrary to good morals;

2) without giving a reason immediately (applies to a Customer who is not a Consumer or Entrepreneur on the rights of a Consumer).

  • 14 SPECIFIC PROVISIONS FOR ENTREPRENEURS
  1. The provisions indicated in this paragraph apply to the Entrepreneur who is not an Entrepreneur on the rights of the consumer.
  2. The competent court to resolve any disputes arising between the Seller and the Entrepreneur who is not an Entrepreneur on the rights of the consumer is the court with jurisdiction over the seat of the Seller.
  3. The Parties exclude the Seller’s liability under the warranty for non-conformity of the Goods with the Contract/defects of the item to the Entrepreneur who is not an Entrepreneur on the rights of the consumer.
  4. The Seller has the right to terminate the contract with immediate effect to the Entrepreneur who is not an Entrepreneur on consumer rights. For this purpose, the Seller shall send the Entrepreneur a statement on termination of the contract to the e-mail address or mailing address. The Entrepreneur waives any claims in this regard.
  5. The Seller shall not be liable for lost profits in relation to the Entrepreneur, Who is not an Entrepreneur under the rights of a consumer.
  • 15 USER CONTENT
    Unacceptable User Content
  1. It is forbidden for a User to post Content that constitutes illegal content as defined in the DSA Digital Services Act or otherwise does not comply with the Terms of Service.
  2. “Illegal Content” shall mean illegal content, products, services and activities.
  3. You may not post Content that:

1) are terrorist in nature,

2) are contrary to the law, good morals,

3) have the nature of SPAM or notoriously appear on the Service without a legitimate purpose;

4) are offensive, contain content with terms considered hate speech, threats, and when it contains content inciting or encouraging violence, content indicating harassment, racist content, discriminatory content, denigration,

5) violate or restrict the rights of third parties, in particular the right to privacy, the right of publicity, the right to protection of personal data, trademarks or copyrights;

6) serve to conduct competitive activities or constitute an act of unfair competition,

7) serve to conduct unauthorized advertising, promotional, marketing activities;

8) are used to conduct activities prohibited by law, such as financial fraud;

9) propagate a fascist or other totalitarian state system;

10) defame or insult any person;

11) violate the personal rights of any person;

12) contain vulgarities or other offensive content;

13) offend religious feelings.

  1. The Seller shall not be liable for User Content posted on the Website, provided that the Seller:

1) does not have actual knowledge of the User’s illegal activity or illegal Content, and, with respect to claims for damages, does not know of facts or circumstances that clearly demonstrate the User’s illegal activity or illegal Content, or

2) take prompt and appropriate action to remove or prevent access to illegal User Content, or otherwise limit its visibility or monetization, when it obtains such knowledge or knowledge.

  1. The vendor is obliged to notify the relevant law enforcement services/authorities in case the User may have committed, is committing or may commit a crime endangering the life or safety of a person/persons, and provide all information available to it on this subject.

User Content Moderation

  1. The Seller may verify User Content at any time.
  2. The vendor shall conduct the verification with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including respect for the fundamental rights of service recipients, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.
  3. Verification may take place pre-emptively or post-verification, i.e. after the Content is published – depending on the type of User Content and functionality provided.
  4. If a User’s Content is found to be inconsistent with the Terms of Service, the User’s Content may be blocked and become invisible to other Users or may be removed from the Service or its visibility may be otherwise restricted. The Vendor may also restrict the monetization of the aforementioned Content.
  5. If a User uses the Website in violation of the Terms of Service, in addition to actions regarding the possibility of deleting/blocking Content or otherwise limiting its visibility and/or monetization, the Seller may delete the User’s Account or temporarily or permanently prevent the User from using certain functionalities of the Website.
  6. The Seller is obliged to act with due diligence, in an objective, proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including in accordance with freedom of expression and information and other fundamental rights and freedoms. The Seller shall inform of its decision indicating the reasons for it.
  7. In the case of taking the actions referred to above, the User affected by the action taken may file an appeal under the rules described in the

this paragraph [cf. Appeals Procedure].

Reporting User Content

  1. Any person or any entity may report to the Vendor the presence on the Service of User Content that the person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).
  2. Application may be made by e-mail, to the contact address provided in the introduction to the Regulations, including using the form attached as Appendix 4 to the Regulations.
  3. The notification referred to in the provision above should include:

1) A reasonable explanation of the reasons why the person or entity alleges that the User Content does not comply with the Terms of Service;

2) indicating the exact electronic location of the information, such as the exact URL and additional information to identify User Content, according to the type of User Content and the specific type of hosting service;

3) the name and surname or name and e-mail address of the person or entity making the report, except for a report on information considered to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU;

4) a statement confirming the bona fide belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.

  1. The notification should allow for the identification of the notifier, while this is not a mandatory element, unless identity is necessary to determine whether the Content in question constitutes potential illegal Content.
  2. Immediately upon receipt of the notification referred to in paragraph 1, the Seller shall send the User a confirmation of receipt of the notification – electronically, to the e-mail address provided (provided that the notification contains contact information allowing the confirmation to be sent).
  3. If the application is incomplete or contains other errors that make it impossible to consider the application, the Seller may request the applicant to supplement or correct the application, including, in particular, when it concerns, among other things, confirmation of the rights held that are potentially infringed. Failure to supplement or correct the application no later than 14 days from the date of the request by the Seller may be grounds for leaving the application unprocessed.
  4. Verification of the User’s Content by the Seller in connection with the application shall be carried out immediately, no later than 14 days from the date of receipt of the application allowing for its consideration, unless, due to the type of illegal Content that is covered by the application and the urgency of the action, the verification should take place earlier (for example, when the Content involves a threat to the life or safety of persons).
  5. The vendor conducts the verification with due diligence.
  6. The purpose of reporting and verifying Content is to remove information considered to be illegal Content or to prevent access to it, with the proviso that it shall not lead to undue infringement of other Users’ freedom of expression and information.
  7. In the course of verification, the Vendor is entitled to block User Content so that it becomes invisible to other Users or to take other actions as described in this Section.
  8. Upon verification, Merchant may permanently suspend or remove User Content as violating the Terms of Service or otherwise limit its visibility or monetization, or determine that User Content does not violate the Terms of Service. If User Content was previously blocked, and after verification it is found that User Content does not violate the Terms of Service,
  9. In the event of taking the action referred to above, the Seller shall immediately notify both the notifier and the User who posted the User Content stating the reasons for its decision.
  10. In the event that the action mentioned above is taken or not taken, the User who posted such User Content or the submitter may file an appeal in accordance with the rules described in this paragraph [cf. Appeal Procedure].
  11. If, for technical or operational reasons, the Vendor cannot remove a particular piece of information, the Vendor shall inform the notifier.
  12. The appeal will be considered by the Seller. Appeals will not be processed by automated means.

Appeal procedure

  1. In case:
  2. (a) Vendor has failed to block or remove User Content or restrict visibility despite notification from another User or third party;
  3. b) User Content has been blocked or removed or whose visibility has been restricted in violation of the Terms of Service;
  4. (c) The Seller has made decisions to suspend or terminate the service, in full or in part,
  5. (d) The vendor has made decisions to suspend or close the account
  6. (e) The Vendor has made decisions to suspend, terminate or otherwise limit the ability to monetize information,

The user who submitted the User Content, or the person who submitted the User Content to the

verification, can file an appeal.

  1. Any decision of the Vendor referred to above must include a statement of reasons that will allow an appeal, except where there are legal grounds for refusing to state reasons for the decision. The justification must meet the requirements provided in the Digital Services Act (DSA) and include such information as:
  2. (a) an indication of whether the decision includes deletion of User Content, prevention of access to it, deposition or restriction of visibility of User Content, or suspension or termination of monetary payments relating to such User Content, or imposes other measures referred to in the Regulations with respect to such User Content, and, if applicable, the territorial scope of the decision and its duration;
  3. (b) the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a notification made by another User or a third party or on the basis of voluntary verification activities conducted on the Seller’s own initiative, and, when absolutely necessary, the identity of the notifier;
  4. (c) where applicable, information on the use of automated means in decision-making, including whether the decision was made with respect to User Content detected or identified using automated means;
  5. (d) if the decision concerns potentially unauthorized User Content, an indication of the legal basis on which the decision is based, and an explanation of the reasons why the User Content in question is considered unauthorized on that basis;
  6. (e) if the decision is based on the alleged inconsistency of the information with the terms of service, an indication of the contractual basis on which the decision is based, and an explanation of the reasons why the information in question is considered inconsistent with this basis;
  7. (f) clear and user-friendly information on the options available to the user or applicant to appeal the decision.
  8. The appeal can be submitted: a) electronically to: dariakister@lansbalans.com b) via the contact form located on the website
  9. The appeal should contain the necessary information to allow its consideration, including, among other things, the identification and contact details of the appealing User and a detailed justification indicating the irregularities in the Seller’s decision.
  10. The seller immediately confirms receipt of the cancellation by e-mail to the indicated e-mail.
  11. The appeal shall be considered within 14 days from the date of filing the appeal.
  12. In the event that the appeal contains sufficient grounds to conclude that the Seller’s decision is incorrect/unjustified, the Seller shall immediately rescind its decision.
  13. The appeal will be processed by the Seller/supervised by the Seller’s staff.
  • 16 FINAL PROVISIONS
  1. During the period of force majeure, the Parties to the contract shall be exempted from any liability for non-performance or improper performance of the contract, if only the circumstances of the force majeure shall constitute an obstacle to the performance of the contract. The above shall also apply in the period immediately preceding or immediately following the occurrence of force majeure, if only during the indicated period the impact of force majeure shall constitute an obstacle to the performance of the contract.
  2. “Force majeure” shall be understood as an event of a fortuitous or natural nature, completely independent of the will and action of the Parties, which could not have been foreseen and could not have been prevented, in particular such events as: flood, burglary, war, act of terror, introduction of a state of emergency.
  3. In a situation where the Customer is from outside the Seller’s country, he should inform the Seller, indicating information about his place of residence/site, so that tax can be settled in accordance with the regulations applicable to him.
  4. In the use of the Products, it is prohibited to provide information of an unlawful nature and to act in a manner contrary to the law, morality or violating the personal rights of third parties.
  5. Amicable settlement of disputes and handling of complaints. The consumer has the option to turn to:

1) a permanent amicable consumer court with a request to resolve a dispute arising from the contract;

2) the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings, for an amicable settlement of the dispute between the Customer and the Seller;

3) district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection in order to obtain assistance on the contract;

4) ODR platform. The platform is used to resolve disputes between consumers and businesses.

  1. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, including, in particular, due to changes in the law to the extent that these changes force the Seller also to change the content of these Terms and Conditions, in particular, changes in the provisions of the Civil Code, the Law on Consumer Rights, the Law on Provision of Electronic Services, as well as by virtue of applicable decisions of the OCCP, PUODO or court rulings to the extent corresponding to the issued decisions / rulings, and in the event of a significant change in business factors, as long as there is a cause-and-effect relationship between the above. change and a change in the cost of providing services by the Seller.
  2. The version of the Terms and Conditions in effect on the date of conclusion of the Agreement by the Customer shall apply to agreements concluded prior to the effective date of the new Terms and Conditions.
  3. The applicable law is Polish law, subject to paragraph 10.
  4. The competent court shall be a Polish court subject to paragraph 10.
  5. In the case of a customer who is a consumer, the provisions of the Terms and Conditions do not deprive the consumer of the protection granted by the laws of the country of his habitual residence, which cannot be excluded by contract. In the event that the przep isy that apply in the consumer’s country are more favorable to the consumer, and these provisions cannot be excluded by contract, they will apply in the contract concluded between the Customer and the Seller.
  6. The rules regarding the processing of personal data are regulated in the Privacy Policy.
  7. Regulations are effective as of 1.01.2025

Appendix 1 to the Regulations

INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT

You have the right to withdraw from this contract within 14 days without giving any reason. The period for withdrawal expires after 14 days from the date of conclusion of the contract (in the case of contracts for the provision of services)/ from the date on which you took possession of the item or on which a third party other than the carrier and indicated by you – took possession of the item, and in the case of items delivered in batches – from the date on which you took possession of the last item. In the case of contracts for regular delivery of things for a fixed period of time – from the date on which you or a third party – designated by you (other than the carrier) – took possession of the first of the things.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or e-mail).

Our contact information: Daria Kister, Danholmen 25, 31 28 Nøtterøy Norway, dariakister@lansbalans.com or by phone: +48 792 707 785

Effects of withdrawal from the contract

In the event of cancellation of this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.

We may withhold reimbursement until you receive the item or until you provide us with proof of return, whichever event occurs first.
Please send back or hand over the Product to us immediately, and in any case no later than within 14 days from the day you informed us of your withdrawal from the contract. The deadline is met if you send the item back to us before the expiration of 14 days.

You are liable only for the diminution in value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.

If you have requested the beginning of the performance of services before the expiration of the withdrawal period, you will pay us an amount proportional to the extent of the services performed up to the moment you informed us of your withdrawal from this contract.

Appendix 2


Our contact information: Daria Kister, Danholmen 25, 31 28 Nøtterøy Norway, dariakister@lansbalans.com or by phone: +48 792 707 785

MODEL WITHDRAWAL FORM

(This form must be completed and returned only if you wish to withdraw from the contract)

I withdraw from the contract dated*…. concerning*/concerning*…..

Name, address of Customer* … Signature* … (if sent on paper)

Date …………………………………………………

* complete


Appendix 3

Our contact information: Daria Kister, Danholmen 25, 31 28 Nøtterøy Norway, dariakister@lansbalans.com or by phone: +48 792 707 785

COMPLAINT FORM

(fill out the form if you want to make a complaint about the non-conformity of the Goods with the Contract)

Applies to order no.: _________ of ____

Related to the product: _____________ [opis produktu]

I inform you that the goods purchased by me are not in conformity with the contract. The non-conformity of the Goods with the contract consists in: _____________ The non-conformity was found on _______________

In view of the above, please: _____________ (indicate claim).

Name, address of Customer* … Signature* … (if sent on paper)

Date ………………….* complete

Appendix 4

If you have noticed illegal content, you can report it according to the terms of our Terms and Conditions.

*The administrator of the personal data provided in the form is. …………………………..Personal data is processed for the purpose of handling the request on the basis of Article 6(1)(c) of the RODO in conjunction with Article 16 of the DSA in accordance with the Privacy Policy.

INFRINGEMENT REPORT ON USER CONTENT

Date: ………………………

Submitter details: ……………………………………………

E-mail address: ……………………………………………………..

Notification of illegal content refers to Content, which Check appropriate:

  • are terrorist in nature,
  • Are contrary to the law, good morals,
  • have the nature of SPAM or notoriously appear on the Service without a legitimate purpose;
  • are offensive, contain content with terms considered hate speech, threats, and when it contains content inciting or fostering violence, content indicating harassment, racist content, discriminatory content, defamatory content,
  • violate or restrict the rights of third parties, in particular the right to privacy, the right of publicity, the right to protection of personal data, trademarks or copyrights;
  • serve to conduct competitive activities or constitute an act of unfair competition,
  • are used to conduct unauthorized advertising, promotional, marketing activities;
  • are used to conduct activities prohibited by law, such as financial fraud;
  • propagate a fascist or other totalitarian state system;
  • Defame or insult any person;
  • violate the personal rights of any person;
  • contain vulgarisms or other content of an offensive nature;
  • offend religious feelings.

Other circumstances that justify declaring content illegal:

……………………………………………………………………………………………………………………

Illegal Content is located at (indicate specific URL):

……………………………………………………………………………………………………………………

Additional information/clarification on illegal Content (indicate additional information/circumstances/data that will allow us to better consider the case, indicate them here:

……………………………………………………………………………………………………

Submitter’s Statement:

I declare that the application is made in good faith and belief that the information and allegations indicated in the application are correct and complete (Article 16 (2) (d) of the Digital Services Act).

…………………..

Signature of the Applicant
(if applicable)



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