Regulation

TERMS AND CONDITIONS OF THE ONLINE STORE ECOMFLY.AI

§ 1 PREAMBLE

The Regulations define the rights and obligations of users of the ecomfly.ai online store and the mobile application, as well as the principles of their functioning. These regulations define the general conditions, rules and method of sales conducted by Advisly Hubert Misiąg (NIP: 7922316117, REGON: 522112522) through the online store ecomfly.ai (hereinafter referred to as the “Online Shop”).

§ 2 GENERAL PROVISIONS
The owner and administrator of the ecomfly.ai online store is Advisly Hubert Misiąg (NIP: 7922316117, REGON: 522112522), hereinafter referred to as the “Seller”. Both the layout of the graphic elements and the layout of the content, as well as the content of the website itself, including the posted photos, is the property of the online store ecomfly.ai and benefits from legal protection under the provisions of copyright law.

§ 3 DEFINITIONS

The terms used in the Regulations mean:
Consumer — a natural person concluding a contract with the Seller within the framework of the store, the subject of which is not directly related to his business or professional activity.
Website or Store — means the website under which the seller runs a shop in the domain ecomfly.ai.
Application — the Seller's mobile application, related to the activity carried out by him, to which these regulations apply.
Client — any entity to which, in accordance with the regulations and legal regulations, services may be provided electronically or with whom a sales contract may be concluded.
Entrepreneur — a natural person, legal person or organisational unit other than a legal person to whom the law grants legal capacity to carry out an economic or professional activity in its own name and to carry out a legal act directly related to its economic or professional activity.
Regulation — means these Regulations.
Salesperson — means on the basis of this document the company Advisly Hubert Misiąg (NIP: 7922316117, REGON: 522112522), 37-500 Jarosław, ul. Reymonta 3A, which is the owner of the store.
Digital content — means data produced and delivered in digital form.
Contract of sale — means a contract of sale concluded at a distance on the terms specified in the terms and conditions between the customer and the seller.
Shopping Cart — an element of the Online Store software, in which the products selected by the Customer are visible, and it is also possible to establish and modify the Order data, in particular the quantity of products.
Payment Operator — an entity offering the possibility of making quick payments, in the case of the website ecomfly.ai it is the PayU Service.
Recurring payments — the manner in which the Customer pays for the Services, consisting in
automatic (without the participation of the Customer) withdrawing from the Customer's payment card the amount due for the Service. The conditions for making recurring payments are set out in the Regulations. The operator of recurring payments is the PayU Service.
Payment card — credit card or debit card, other similar tools with which the Customer can make online payments. Information about the types of payment cards that are accepted by ecomfly.ai for recurring payments can be found in the Sales Application.
Subscription period — the period indicated in the Service Specification, in which the Customer uses the Service for a fee, starting from the day of the start of the provision of the Service, and in the case when the start of using the Service occurs within the framework of the Trial Period — from the date of the end of the Test Period.
Billing period — the period for which the fee for the Service is paid. For one-time payments, the billing period is equal to the Subscription Period. In the case of periodic payments falling within the Subscription Period, the duration of the Billing Period is determined by the Service Specification.
Product Panel — a panel that contains products for sale added by the Seller.
Shop panel — a panel that allows the customer to operate the store.
Closed Discord Group — closed community, which the Customer receives after purchasing Digital Content.
Become a Learner Course — a course called “Ecom2025” available for purchase in the panel.

§ 4 TERMS OF USE OF THE SERVICE

A technical requirement to use the ecomfly.ai online store is to have a computer or other electronic device with access to a web browser and access to the Internet. To create an account, it is necessary to fill in the contact form with the Customer's personal data. Each account is assigned an individual login and password. Creating an account is voluntary and optional. The customer undertakes not to transfer to third parties the data with which he logs into the online store. The advantage of having an account is the ability to use the full functionality of the online store. Through the Website, the Seller provides both paid and free services. All paid services will be marked accordingly by the Seller. Through the website it is possible to:
— Establishing contact with the Seller;
— Creation of a User account;
— Subscribing to the group of subscribers;
— Publication of a comment under the article posted on the pages of the maintained Blog;
— Using the functionality of the “Student Panel” panel;
— Purchase of products placed in the “Panel” tab;
— Download a free e-book;
— Ability to sign up for training;
The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the Online Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure. All rights to the online store, including proprietary copyrights, intellectual property rights to its name, domain, logotypes, graphics, content posted on the website of the store belong to the seller, and their use may only take place in accordance with the regulations and with the consent of the seller. In order to use digital content, the customer must have equipment that allows him to play files in.mp4 format. The seller informs that the public nature of the Internet and the use of services provided electronically may involve the acquisition and modification of customer data by unauthorized persons. The customer should use appropriate protective measures that will minimize the indicated risks. In particular, it should use antivirus and other identity-protecting programs when using the Internet. The store will never ask the customer for account details, email details or bank account password. The seller prohibits the use of store resources for the conduct of activities by the customer that compromises the interests of the seller. The Seller declares that the Product Panel is not always updated daily. Any delays in adding products are justified on the Closed Discord group. The Seller reserves the right to exclude the Store from the Customer Store Panel in the event that the store causes significant overloads as a result of adding too much media/products/plugins/files, etc. The Seller reserves the right to reset the resources of such Store. The Seller reserves the right to activate the Customer Store Panel within a maximum of 48 hours from the moment of purchase.

§ 5 RULES FOR PLACING AN ORDER

1.
In order to place an Order through the Store, you must perform the following steps:
a) select the Product that is the subject of the Order, and then click on the “Add to cart” button (or equivalent);
b) continue shopping by clicking on the “Return to shopping” button or selecting the “Proceed to payment” option;
c) fill in the Order Form available after clicking on the “Proceed to payment” option by providing the data necessary for the execution of the order and possibly — if the Buyer has — entering a discount coupon;
d) pay for the order through the PayU operator;
e) read the Terms and Conditions and accept its provisions;
f) click on the option “Buy and pay” and make the corresponding payment on the website of the payment operator. In the order summary there is information about the total price of the object of the order. The Customer is informed of any costs when filling out the order form. There is no hidden cost in the ordering process. Before placing an order, the Customer should read and accept the terms and conditions. Acceptance of the terms and conditions is voluntary, but necessary for the correct placing of the order. Acceptance of the Terms and Conditions by the Customer includes the simultaneous submission by the Customer of statements with the content indicating:
a) read these Regulations and accept its provisions;
b) voluntary entry into the use of the Seller's services on the terms resulting from the Regulations;
c) the correctness of the information contained in the order form, and also to take into account that in case of untruth of the above statement, liability will be incurred under the rules resulting from the provisions of Polish law;
d) consent to the processing by the Administrator of personal data, made available through the order form, solely for the purposes of the correct execution of the contract for the provision of services by electronic means, concluded by the Parties on the terms resulting from the Regulations;
e) submission of a declaration of awareness of the loss of the possibility of withdrawal from the contract,
In response to the Order received, the Seller, at the moment of posting the payment by the external payment operator, sends the Customer an e-mail confirming the acceptance of the Order and information about the creation of an account together with the login details and the generated link necessary to create an individual password, in order for the Customer to use the purchased digital products. The Sales Agreement is concluded when the payment is posted by the external payment operator and at that moment the consumer loses the opportunity to withdraw from the contract.
2. The Seller undertakes to fulfill the order within a maximum of 1 working day from the moment of:
a) posting the full payment to the Seller's bank account or,
b) confirmation of the transaction by the selected online payment method.
The execution of the order consists in:
a) granting access to the purchased products by the panel,
b) sending information about the activation of access to the e-mail address provided by the Customer when placing the order.
In the event of circumstances beyond the control of the Seller (e.g. technical failures) that may prevent the timely execution of the order, the Customer will be immediately informed of the delay and the expected delivery time.
In case of failure to meet the deadline indicated in point 1, the Customer has the right to withdraw from the contract and demand a refund of the amount paid.

§ 6 PAYMENT TERMS

The customer has at his disposal a form of payment through the PayU service or recurring payments. The prices shown on the website are gross prices. The beginning of the use of recurring payments by the Customer takes place during the procedure of purchasing the Service or extending the period of use of the Service (extension of the Subscription Period) through the Sales Application. Recurring payments may also start at the time of automatic transition of the Service from the Trial Period to the Subscription Period, provided that for the Service there is the possibility of using the Trial Period and the option to automatically switch the Service from the Trial Period to the Subscription Period. In order to initiate recurring payments, it is necessary for the Customer to accept in the Sales Application, the corresponding option in the window visible when making the purchase of the Service/extension of the Subscription Period/registration for the use of the Trial Period. The Customer's acceptance of a recurring payment channel has effect with respect to all Services that the Customer uses or will use in the future, unless the Customer expressly indicates in the Sales Application (when performing the actions specified in paragraph 3) that he accepts billing in the form of recurring payments only in respect of one or more clearly indicated Services. In order for the Customer to use recurring payments, it is necessary for the Customer to have a payment card. Further detailed technical requirements, on the fulfillment of which the use of recurring payments depends, may be specified in the form of information visible to the Customer during the procedure of purchasing the Service/extension of the Subscription Period/registration for the use of the Trial Period — in the Sales Application. During the procedure for accepting recurring payments, the Customer will be asked to indicate the details of the payment card, with the help of which the recurring payments will be made and other data necessary for the execution of the recurring payments. In case of change of payment card data or change of other data, the Customer is obliged to indicate new data in the Sales Application, in order to maintain the possibility of making recurring payments. The Customer is obliged to maintain, during the period of use of recurring payments, the payment card indicated by the Seller for the purpose of making recurring payments. The use of recurring payments is voluntary. The Customer may at any time opt out of the use of this payment channel in respect of all or some of the Services. After acceptance of recurring payments by the Customer, an amount of up to PLN 1 may be temporarily blocked on the Customer's payment card for authorization, which will be released within the period specified by the Customer's bank (usually up to 7 working days). The Customer undertakes to provide, on the payment card indicated ecomfly.ai for the purpose of making recurring payments, adequate funds to cover the receivables for The service. Funds should be available on the card at such time that they can be withdrawn within the time limits set out in the paragraphs below. The Seller notifies the Customer 3 days before the payment date for the Service about the expiration of the payment term for the Service and the need to provide funds on the payment card for the purpose of payment. The notification takes place in the form of an e-mail sent to the Customer's address indicated in the Sales Application. In the notification referred to in paragraph 12, ecomfly.ai shall include the following information:
1) the definition of the Service to which the payment relates;
2) determination of the amount of the receivable, the payment term and the method of collection of receivables by ecomfly.ai;
3) information on the possibility of disabling recurring payments for a given Service and on the method of performing this activity.ecomfly.ai repeats the notification referred to in paragraph 12 on the date of payment for the Service. The notification takes place in the form of an e-mail sent to the Customer's address indicated in the Sales Application or an SMS message sent to the Customer's phone number indicated in the Sales Application or a message visible in the Sales Application. Simultaneously with the notification referred to in paragraph 14, ecomfly.ai makes the first attempt to collect the charge for the Service from the Customer's payment card. ecomfly.ai is entitled to collect the debt in the amount resulting from the Price List of the applicable Customer's Service. In case of impossibility to collect payment for the Service due to lack of appropriate funds on the Customer's payment card, the Seller will notify the Customer by e-mail, to the e-mail address provided by the Customer in the Sales Application or SMS message sent to the Customer's phone number indicated in the Sales Application, or in the form of a message visible in the Sales Application, about the “failed payment” due to lack of funds on the card together with the request for replenishment appropriation of funds. In the notification referred to in the first sentence, the Seller additionally informs the Customer about the methods of action in case of inability to make payments in the recurring payment channel. ecomfly.ai will make repeated attempts to collect the due fee from the Customer's payment card, starting from the date of the notification referred to in the first sentence until the last day of the payment deadline. After each subsequent “failed payment”, the seller notifies the Customer, in the manner described in the first sentence, of the impossibility of making the payment. If the Seller receives feedback about the inability to collect payment for the Service due to reasons other than the lack of funds on the Customer's payment card (e.g. card expiration, card blocking), ecomfly.ai will notify the Customer via e-mail, to the e-mail address provided by the Customer in the Sales Application or an SMS message sent to the Customer's phone number indicated in the Sales Application or in the form of a message visible in the Sales Application, about “failed payment” for a specific reason. In the notification referred to in the first sentence, the Seller additionally informs the Customer about possible ways of proceeding in order to ensure timely payment for the Service. Effective payment for the Service in the recurring payment channel results in the effects that the Terms and Conditions of ecomfly.ai and the regulations applicable to individual Services, bind to the payment for the given Service. If in the course of the above actions it is not possible to collect the receivables for the Service before the expiration of the payment deadline, then: from the 3rd day after the expiration of the payment term for the given Service, the recurring payment channel is automatically switched off in relation to this Service, without the need for the Parties to submit any additional statements, the provisions of the ecomfly.ai Regulations and the regulations applicable to the individual Services, regarding the consequences of non-timely payment for the Service.
7. The Customer may at any time opt out of recurring payments in respect of all or some of the Services. In order to opt out of recurring payments, the Customer makes a corresponding change to his profile in the Sales Application. Resignation shall have effect from the date of the Customer making a change in the Sales Application, in the manner specified in the preceding sentence. Termination of the use by the Customer of recurring payments in relation to the given Service occurs automatically.

§ 7 COMPLAINTS

The full scope of responsibility and obligations of the Seller towards the Customer is determined by generally applicable law, in particular in the Civil Code. For sales contracts, the basis and scope of the Seller's liability to the Customer for non-compliance of the product with the sales contract are determined by the generally applicable provisions of consumer sales law.
The Seller shall respond on the basis of a guarantee, in accordance with the Civil Code. The Seller shall respond to the complaint as soon as possible, no later than 14 calendar days from the date of its submission.
In the event of a defect, the consumer may submit a warranty claim to the seller and request one of four actions:
- exchange of goods for a new one;
— repair of goods;
— price reduction;
— withdrawal from the contract - if the defect is significant.
5. The choice of request depends on the consumer. If the entrepreneur does not agree with this choice, he may, under certain conditions, propose another solution, but this must be done within the conditions allowed by law.
6. The Client-Consumer is covered by the provisions contained in the Civil Code regarding warranty for defects.
7. If the Customer has not reached a single online order, adhering to all plans from module 10 of the Become a Student Course, he has the opportunity, no later than 30 calendar days from the date of purchase, to claim a refund for the Become a Student Course.
8. Complaints can be sent by the Customer by e-mail to kontakt@ecomfly.ai.

§ 8 REFUNDS, WITHDRAWAL FROM THE CONTRACT

The Customer may send a statement of withdrawal from the contract by e-mail to kontakt@ecomfly.ai. A customer who is a consumer and a customer-consumer conducting business, who has concluded a distance contract, may withdraw from it within 14 calendar days without giving any reason and without incurring additional costs, except for transport costs to the Seller.The Seller is obliged to deliver the product to the Customer free of defects. In case of noticed deficiencies, defects in the product or non-compliance with the order, please do not immediate e-mail contact at kontakt@ecomfly.ai.Customer A consumer conducting a sole business activity, will have the opportunity to exercise the right of withdrawal from the contract as a Consumer, only in the event that it will not directly concern the industry in which the entrepreneur specializes, and the purchase itself is not of a professional nature.The seller is obliged immediately, no later than within 14 calendar days from the date of receipt of the return of the product and the statement of the Customer about withdrawal upon withdrawal from the contract, return to the Customer all payments made by him.The seller makes a refund of the payment for the goods, in the same way as they were paid for.

§ 9 PROVISIONS CONCERNING ENTREPRENEURS

This section of the Regulations and the provisions contained therein apply only to Customers who are not consumers, and in the case of sole proprietorship, who do not have the professional character of the Seller. The Seller has the right to withdraw from the sales contract concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding a sales contract.

§ 10PERSONAL DATA AND COOKIES

The Seller processes the Customer's personal data solely for the purpose of fulfilling the order.The Seller may process the Customer's personal data also for a purpose other than the execution of the order after obtaining his prior consent.Personal data of the users of the service are protected, in accordance with the Privacy Policy available on the Website of the Shop.The Seller uses cookies, i.e. small text information, stored on the Customer's terminal device (e.g. computer, tablet, smartphone), in accordance with with the Cookies Policy available on the Store's website .

§ 11FINAL PROVISIONS

In matters not regulated in these Regulations, the generally applicable provisions of Polish law and other relevant provisions of generally applicable law shall apply.The current Regulations of the Online Store are published on the website ecomfly.ai and at any request of the Customer may be sent electronically to the e-mail address indicated in the registration forms.The Seller reserves the right to change the Regulations. The version of the Terms and Conditions in force on the date of conclusion of the sales contract shall apply to the contracts concluded before the amendment. If you have any further questions, please contact us by email at: kontakt@ecomfly.ai or by phone 572 - 580 - 060.

The Regulations come into force on 27.11.2024.