§ 1. Definitions
Contact form - a form available on the website heyalice.app allowing to send a message to the Service Provider.
Order Form - a form available on the website heyalice.app allowing to place the Order.
Client - a person who uses the Online Shop's functionalities and intends to conclude or has concluded a Sales Agreement with the Service Provider.
Consumer - a natural person who makes a legal transaction with the entrepreneur not directly related to its business or professional activities.
Product - a physical product, goods with digital elements, digital content or digital service available in the Online Shop, which is the subject of the Sales Agreement between the Client and the Service Provider.
Entrepreneur enjoying consumer rights - a natural person concluding an agreement with the Company for the provision of services within the Portal directly related to his/her business activity, when the content of the agreement indicates that it is not of a professional nature for him/her, based in particular on the subject of his/her business activity, made available on the basis of the provisions of the Central Registration and Information on Business.
Terms and Conditions – these terms and conditions for the Online Shop.
Online Shop - the Service Provider's online shop operating at heyalice.app.
Service Provider – EDUWEB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Aleja Rzeczypospolitej 10/46, 02972 Warszawa.
Sales Agreement – the Product's sales agreement concluded between the Client and the Service Provider via the Online Shop.
Electronic service - a service provided electronically by the Service Provider to the Customer via the Online Shop.
Customer - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by the act, using the Electronic Service.
Order – the Client's declaration of will constituting an offer to conclude the Sales Agreement for the Product with the Service Provider.
§ 2. General provisions
These Terms and Conditions define the conditions for the conclusion of the Products' Sales Agreements and the procedure for handling complaints and conditions for withdrawal from the Sales Agreements, as well as the types and scope of services provided electronically by the Online Shop operating at heyalice.app, the rules for the provision of these services, the conditions for the conclusion and termination of electronic services agreements.
Each Customer, upon undertaking to use the Online Shop services heyalice.app, shall be obliged to comply with the provisions of these Terms and Conditions.
In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular: the act on the provision of electronic services of 18 July 2002, the consumer rights act of 30 May 2014, the act on extrajudicial resolution of consumer disputes of 23 September 2016, the act on combating unfair market practices of 23 August 2007, the Civil Code of 23 April 1964 and other relevant provisions of Polish law.
§ 3. Conclusion of the sales agreement
The Online Shop heyalice.app sells Products via the Internet.
The Products are free from physical and legal defects. Information concerning the functionality or relevant compatibility and interoperability of the Products which are goods with digital elements, digital content or digital services is contained in the offer of the relevant Product in the Online Shop.
The information contained on the website of the Online Shop do not constitute an offer within the meaning of the provisions of the applicable law. By placing an Order, the Client submits to the Service Provider an offer to purchase the specified Product under the conditions specified in the Product's description in the Online Shop.
The Product prices visible in the Online Shop include all the price components, including VAT, excluding delivery costs. The Service Provider uses an individual price adjustment mechanism in the Online Shop based on automated decision-making.
The price of the Product visible on the website of the Online Shop is binding at the time of the Client placing an Order. Any changes in the Product prices in the Online Shop, including promotions and discounts, which occur after the date of placing the Order, shall not affect the price determined in the Order placed by the Client.
The Orders may be placed online by completing the Order Form.
The condition for placing the Order in the Online Shop by the Client is creating a Client's account in the Online Shop, getting acquainted with the Terms and Conditions and accepting their provisions when placing the Order.
If the Service Provider is forced, before the performance of the service constituting the Product, for reasons beyond his control, to change the material conditions of the Sales Agreement with the Client, he shall immediately notify the Client thereof. The Client shall have the right to accept the amendment or to withdraw from the Sales agreement with immediate refund of all the payments made by the Client and without the obligation to pay any contractual penalty.
§ 4. Placing the order
The Sales Agreement shall be concluded upon the Client's placing an Order by easycart (clicking the "Order and pay" button or another button of similar meaning), unless otherwise indicated in the Product description in the Online Shop. If, at the express request of the Client, the performance of the service is supposed to commence before the expiry of the period for withdrawal from the Sales Agreement, the Service Provider shall require a declaration from the Client containing such an explicit request and indicating that he acknowledges that he has lost his right to withdraw from the Sales Agreement upon its full performance by the Service Provider.
After placing the Order, the Service Provider immediately confirms its receipt by sending an e-mail to the address specified by the Client in the Order Form. Confirmation of receipt of the Order shall include the confirmation of all material elements of the Order, the content of these Terms and Conditions in pdf format, and the instruction on the right of withdrawal from the agreement or information about the consent given by the Client to the provision of digital content in circumstances causing the loss of the right of withdrawal from the Sales Agreement.
The Service Provider shall deliver the Product to the Client as soon as the Sales Agreement has been concluded and the payment of the price of the Product by the Client has been entered in the books or confirmed.
§ 5. Method of payment
The Service Provider has entrusted the handling of the Product ordering process, including the handling of payment for the Products and the performance of the obligations referred to in §3 and §4 above, to the entity operating the EasyCart website available at www.easycart.pl. The entity operating EasyCart acts in this respect in the name and on behalf of the Service Provider.
The Service Provider enables paying for the Order with the use of the payment methods available on easycart. Once the Order has been completed in the Online Shop, in order to process it, including to pay for it, after clicking on the appropriate button the Client will be redirected to the relevant EasyCart subpage.
In order to use all features of EasyCart, including the purchase of Products from the Service Provider through EasyCart, the User must register with EasyCart, i.e. create an Account and follow the EasyCart Terms and Conditions available athttps://www.easycart.pl/regulamin-dla-kupujacych.
In the case of payment through the electronic system of payment, the Client pays before the Order is processed. The electronic system of payment allows to pay by credit card or by instant bank transfer from selected Polish and foreign banks. The Client is obliged to pay the price under the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise. The service will be performed only after it has been paid for.
§ 6. Product complaint
The basis and scope of liability of the Service Provider to the Client is set out in Art. 43 et seq. of the consumer rights act. The complaints concerning the Product should be sent by the Client to the Service Provider by e-mail to alice@heyalice.app or in writing to the Service Provider's address indicated in §1 of the Terms and Conditions.
The complaint should include as much information and circumstances relating to the subject of the complaint as possible, in particular the type and date of the occurrence of irregularities and contact details. The Service Provider shall respond to the Client's request immediately, no later than within 14 days from the date of complaint. In the case of a complaint from a Client who is a Consumer or an entity referred to in §7 of the Terms and Conditions — failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.
§ 7. Right of withdrawal from the agreement
Subject to the exceptions below, the Client has the right to withdraw from the Sales Agreement without giving any cause within 14 days from the date of conclusion of the Sales Agreement, in accordance with Art. 27 et seq. of the consumer rights act.
In order to meet the deadline for withdrawal, it is sufficient for the Client to send information about the withdrawal from the Sales Agreement toalice@heyalice.app or in writing to the Service Provider's address indicated in §1 before the expiry of the deadline for withdrawal.
The Service Provider will refund to the Client all the payments received from the Client immediately, but no later than 14 days from the date on which the Service Provider was informed about the withdrawal from the Sales Agreement, unless the Client exercises the right of withdrawal after requesting early performance — in which case the Client is obliged to pay for the services performed until the moment of withdrawal.
The right to withdraw from the distance contract does not apply in particular to agreements for the provision of services that the Client is obliged to pay for, if the Service Provider has performed the service in full with the express consent of the Buyer, who was informed before the commencement of the service that after the completion of the service he will lose the right to withdraw; and for the supply of digital content which is not provided on a tangible medium, that the Client is obliged to pay for, if the performance of the service has begun with the express and prior consent of the Client who has been informed that after the Service Provider has performed the service, he will lose the right of withdrawal.
An entrepreneur enjoying consumer rights shall be protected by the consumer rights act, provided that the Sales Agreement concluded with the Service Provider is not of a professional nature.
§ 8. Type and scope of electronic services
The Service Provider allows the use of the following Electronic Services via the Online Shop:
- concluding Sales Agreements for the Products,
- sending messages through the Contact Form,
- setting up an account / customer profile,
- the ability to add comments,
- the ability to rate products,
- newsletter,
- forum.
Provision of Electronic Services to the Customers of the Online Shop takes place under the conditions specified in the Terms and Conditions. The Service Provider shall have the right to place advertising content on the website of the Online Shop.
§ 9. Conditions for the provision and conclusion of the electronic services agreements
Provision of Electronic Services by the Service Provider is free of charge.
Technical requirements necessary for compatibility with the IT system used by the Service Provider: a computer (or mobile device) with Internet access, access to e-mail, an Internet browser, and enabling Cookies and Javascript in the browser.
The Client shall be obliged to use the Online Shop in a manner compliant with the law and good practice, taking into consideration personal rights and intellectual property rights of third parties; enter the data consistent with the facts; and refrain from providing illegal content in the Online Shop.
§ 10. Complaints concerning the provision of electronic services
Complaints concerning the provision of Electronic Services through the Online Shop may be submitted by the Client via e-mail to alice@heyalice.app or in writing to the Service Provider's address indicated in §1. The Service Provider shall respond immediately, no later than within 14 days from the date of complaint.
§ 11. Intellectual property
All the content posted in the Online Shop enjoy copyright protection and is the property of the Service Provider. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the Online Shop, shall constitute an infringement of the Service Provider's copyright and shall result in civil and criminal liability.
§ 12. Reviews of products
As part of the Online Shop, the Service Provider allows the Clients to review the Products in descriptive form (comments) or graphic form. Only the Client who purchased a given Product is entitled to submit a review. A review submitted by the Client should be consistent with the actual evaluation of the given Product and may not include unlawful, offensive, or advertising content. The author shall be solely liable for the content of the review. Once a review has been posted, its author grants irrevocable, unlimited in time consent for the publication of the review in whole or in part in the Online Shop or in the Service Provider's social media channels.
§ 13. Final provisions
The agreements concluded through the Online Shop shall be concluded in accordance with the Polish law.
In the event that any part of the Terms and Conditions is incompliant with the applicable law, the relevant provisions of Polish law shall apply in place of the questioned provision of the Terms and Conditions.
Any disputes arising from the Sales Agreements between the Service Provider and the Consumers will be settled primarily by means of negotiations, with the intention to settle the dispute amicably, taking into consideration the act on extrajudicial resolution of consumer disputes. If this would not be possible, the disputes shall be resolved by the competent common court.
The Client who is a Consumer shall also have the right to use extrajudicial dispute resolution. In order to resolve the dispute amicably, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform, available athttps://ec.europa.eu/consumers/odr/.
Appendix — Withdrawal form
(this form must be completed and returned only if you wish to withdraw from the agreement)
Addressee: EDUWEB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Aleja Rzeczypospolitej 10/46, 02972 Warszawa, alice@heyalice.app
I/We hereby inform of my/our withdrawal from the sales agreement for the following items / the supply agreement of the following items / the contract for specific work consisting in the manufacturing of the following items / provision of the following service.
Date of conclusion of the agreement / receipt
Name and surname of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent in paper version)
Date