Terms and Conditions

Hello!

We are an authorised representative of PeopleKeys®, a world leader in a strategic use of personality assessments D3(DISC/TEAMS/VALUES/BAI), including effective online tools.

We provide personality assessments for companies, organisations operating on both the Polish market and international markets, and have tools in approximately 20 languages at our disposal.

The products which we distribute can be purchased via our store available at https://effectiveness.pl/sklep/ and by means of an individual contact.

That was a short introduction, now let us move to the formal matters. Firstly, the register data of EFFECTIVENESS: EFFECTIVENESS Anna Sarnacka-Smith, ul. Rodziny Połanieckich 27/81, NIP: [Tax Identification Number] 5432072090.

Below you will find the Terms and Conditions which include information i.e. about the methods of placing on order and concluding an agreement, delivery of the purchased products, the option to withdraw from the agreement, the complaint procedure and personal data protection.

If you have any questions, you can contact us by writing an email toeffectiveness@effectiveness.pl.

Best regards,

The EFFECTIVENESS Team

§ 1
Definitions

For the purposes of these Terms and Conditions, the following terms should be understood as follows:

  1. Consumer – a natural person concluding an agreement with the Seller in a scope not related directly to his or her economic or professional activity,
  2. Buyer – a natural person with full legal capacity, a legal person or a legal entity without a corporate status,
  3. Przelewy24 – an electronic payment system, Przelewy24.pl, used by PayPro SA, ul. Kanclerska 15, 60-327 Poznań, tel. +48 (61) 642 93 44, WWW: www.przelewy24.pl, email: serwis@przelewy24.pl; PayPro SA – entered into the register of national payment institutions maintained by the Polish Financial Supervision Authority [KNF] under the entity number IP24/2014 in KNF,
  4. Terms and Conditions – these terms and conditions, available at https://effectiveness.pl/sklep/regulamin-sklepu/
  5. Store – Internet Store available at https://effectiveness.pl/sklep/
  6. Seller – EFFECTIVENESS Anna Sarnacka-Smith, ul. Rodziny Połanieckich 27/81, NIP: 5432072090.

§ 2
Preliminary provisions

  1. The Seller sells products and services presented on the Store websites via the Store and at the same time performs services by electronic means to the benefit of the Buyer. Products and services presented on the Store websites as well as other products and services available and offered by the Seller, but not displayed in the Store, may also be ordered by the Buyers by means of an individual contact, excluding the procedure of placing orders via the Store.
  2. The Store may also offer hybrid products, i.e. products which require not only the delivery of specific materials, tools or other elements, but also carrying out a service, i.e. a workshop, training or a consultation. All products are described in detail on the Store websites.
  3. The Terms and Conditions determine the rules and terms as well as rights and obligations of the Seller and the Buyers. Additionally, the Terms and Conditions also include provisions on orders placed by means of an individual contact with the Seller, excluding the procedure of placing orders via the Store.
  4. No particular technical requirements of a computer or other device of the Buyer have to be met in order to use the Store, in particular to make a purchase in the Store. The only requirements include:
    1. access to the Internet,
    2. a standard operational system,
    3. a standard Internet browser,
    4. an active email address.
  5. The Buyer cannot make a purchase in the Store anonymously or pseudonymously.
  6. Provision of content of unlawful nature while using the Store is strictly forbidden, in particular sending such content via online forms available in the Store.
  7. All prices displayed on the Store websites are gross prices.

§ 3
Services provided by electronic means

  1. The Seller provides Buyers with services by electronic means via the Store.
  2. The basic service provided by the Seller to Buyers by electronic means consists in enabling the Buyer to place an order in the Store.
  3. Furthermore, the Seller ensures the Buyer the possibility to subscribe to a newsletter. Subscription is possible via a separate form available on the Store website. The newsletter consists in sending information about new products, promotions, products and services offered by the Seller to the Buyer’s email address. The Buyer can unsubscribe from the newsletter at any time.
  4. When the Buyer decides to open an account in the Store, the Seller also provides the Buyer with a service by electronic means, consisting in opening and maintaining of an account in the Store. Data of the Buyer, as well as a history of the orders placed in the Store, are kept in the account. The Buyer logs into his or her Account by using a personal email address and an individually defined password.
  5. An account in the Store is opened after a registration form is filled out and sent via the Store’s automatic mechanism. An agreement on the maintenance of the account in the Store is concluded between the Buyer and the Seller at the time of sending the registration form. This agreement is concluded for an indefinite period of time and the Buyer may withdraw from this agreement with immediate effect at any time by deleting the account.
  6. Services provided to the Buyer by electronic means are free of charge. However, agreements concluded via the Store are available for a fee, excluding the agreement on the maintenance of the account.
  7. For the purposes of ensuring security of the Buyer and of the data transfer in connection with the use of the Store, the Seller adopts technical and organisational measures adequate to the safety risk level of the provided services, in particular measures aiming at protecting the personal data from being obtained and modified by unauthorised persons.
  8. The Seller takes actions to ensure that the Store operates correctly. The Buyer should inform the Seller about any irregularities or breaks in the functioning of the Store.
  9. The Buyer may report any complaints connected with the functioning of the Store by sending an email to the following address: effectiveness@effectiveness.pl. In the complaint, the Buyer must include its name and surname, correspondence address as well as the type of the irregularities and the day when those irregularities connected with the functioning of the Store have occurred. The Seller will consider all complaints within 14 days from their receipt and will inform the Buyer about its decision by sending an email to the address from which the complaint was made.

§ 4
Placing an order via the Store

  1. To place an order via the Store, the Buyer must take the following steps:
    1. select a product or products which are the subject of the order by clicking “Add to cart”,
    2. go to the cart,
    3. review the content of the cart, enter a discount coupon (if the Buyer has one), select the delivery method and click “Go to checkout”,
    4. fill out the order form by providing data necessary to process the order,
    5. select a payment method,
    6. read the Terms and Conditions and accept their provisions,
    7. click “Buy and pay”.
  2. If the Buyer has selected an online payment, then after clicking “Buy and pay”, the Buyer will be directed to the transaction website of Przelewy24.pl, the payment service, in order to make a payment for the order. After making the payment, the Buyer will be redirected to the Store website and will receive an order confirmation. From this moment, the agreement between the Seller and the Buyer is deemed to have been concluded.
  3. If the Buyer has selected a method payment other than an online payment, then after clicking “Buy and pay”, a page with an order confirmation will be displayed. From this moment, the agreement between the Seller and the Buyer is deemed to have been concluded.
  4. The Buyer must provide true personal data in the order form. The Buyer is liable for providing untrue personal data. The Seller reserves the right to suspend order processing in a situation when the Buyer has provided untrue data or when these data give rise to the Seller’s reasonable doubts as to their correctness. In such a case, the Buyer will be informed by phone or by electronic mail about the Seller’s doubts. In such an event, the Buyer has the right to explain all circumstances connected with the verification of the authenticity of the provided data. Should the Seller have no data which would enable it to contact the Buyer, then the Seller will provide all explanations once the Buyer contacts the Seller.
  5. The Buyer declares that all data provided by it in the order form are true and the Seller is not obliged to verify their authenticity and correctness, although it is entitled to do so in accordance with section 4 above.

§ 5
Placing orders by means of an individual contact

  1. Orders can also be placed excluding the mechanism of order placement via the Store.
  2. Orders may be placed by means of an individual contact concluded with the Seller, either personally, by phone or by email.
  3. Once individual arrangements are made, the Seller confirms these arrangements by sending an email. That email includes all details and conditions of the order processing, including payment conditions. Once the Buyer approves these conditions, the agreement between the Seller and the Buyer is deemed to have been concluded.

§ 6
Processing orders

  1. Unless individual determinations state otherwise, a prepayment of the full amount of the order constitutes the condition for processing of the order. The payment will be made by a transfer to the Seller’s bank account. Additionally, it is possible to make the payment by using Przelewy24.pl in case of orders placed via the Store.
  2. Order processing consists in the delivery of the ordered products or a provision of the services included in the order, such as a training course, workshop or a consultation.
  3. If the subject of the order is a physical product, then it will be delivered to the Buyer via Poczta Polska (the Polish Post) or a courier service. The Buyer bears the delivery costs which must always be presented at the stage of placing the order.
  4. If the subject of the order is an electronic product, then data which enable access to the product will be sent to the email address provided by the Buyer in the order form.
  5. The Seller acts as the official distributor of PeopleKeys® with respect to some of the products. The use of these products, in particular any personality assessments etc. requires registration in the PeopleKeys® system. Depending on the cooperation variant, the Seller may open such an account for the Buyer and send access data to the Buyer or the Buyer will have to open such an account individually by following a manual received from the Seller.

§ 7
Consumer’s withdrawal from the agreement

  1. A Consumer who has concluded a distance agreement with the Seller has the right to withdraw from the agreement without providing a reason within 14 days from taking possession of the product personally or by a third party other than the carrier indicated by the Consumer, or within 14 days from the conclusion of the agreement.
  2. The right of withdrawal from the agreement does not apply to the following agreements:
    1. on provision of services if the service has been fully completed with the express consent of the Consumer and after the Consumer has been informed prior to the commencement of performance about the loss of the right of withdrawal from the agreement once the performance is completed,
    2. on the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the Consumer prior to the lapse of the time limit for the withdrawal from the contract and after the Consumer has been informed about the loss of the right to withdraw from the agreement.
  3. In order to withdraw from the agreement, the Consumer must inform the Seller about its decision on the withdrawal by way of an unequivocal statement – i.e. a written statement sent by traditional or electronic post.
  4. The Consumer is free to use the withdrawal form template available at https://effectiveness.pl/wp-content/uploads/2018/05/EFFECTIVENESS-Formularz-odstąpienia-od-umowy_EN.doc, however it is not mandatory.
  5. For the time limit for withdrawal from the agreement to be observed it is sufficient when the Consumer sends information about exercising his or her right of withdrawal from the contract prior to the lapse of the withdrawal time limit.
  6. In case of the withdrawal from the agreement, the Seller is obliged to immediately reimburse all received payments to the Buyer, not later than within 14 days from the day on which the Seller was informed about exercising the withdrawal right.
  7. If the Consumer has selected a delivery method other than the least expensive standard delivery offered by the Seller, the Seller is not obliged to reimburse the supplementary costs incurred by the Consumer.
  8. If the Seller has not proposed collecting the product personally from the Buyer, it can withhold the return of the payment received from the Consumer until it has received the product or a proof of its return delivered by the Consumer, whichever occurs earlier.
  9. The Consumer bears direct costs of returning of the goods.
  10. The Consumer is liable for the diminished value of the product which is a result of using it in a way which exceeds the product’s character, features and functions.

    11. § 8
    Liability for defects

  1. The Seller is obliged to deliver a product free of defects to the Buyer and perform the service without any defects.
  2. The Seller is liable to the Buyer if the product has a physical or legal defect, or if the service has been performed defectively.
  3. The scope and the rules of liability (warranty) for the defects are regulated by the provisions of the Civil Code. On the terms specified in these provisions, the Buyer may i.e. demand removing the defect or exchanging the product for another non-defective product, submit a statement about a price reduction or about withdrawal from the agreement.
  4. If the Buyer determines that a product is defective or the service has been performed defectively, it should inform the Seller about that fact and at the same time specify its claims connected with the determined defect or submit a statement of the appropriate content.
  5. The Buyer can use the complaint template form available at https://effectiveness.pl/wp-content/uploads/2018/05/EFFECTIVENESS-Formularz-reklamacyjny_EN.doc, however it is not mandatory.
  6. The Seller will address the complaint submitted by the Buyer within 14 days from the complaint delivery and will use the same means of communication with which the complaint was submitted.

§ 9
Personal data and cookies

  1. The Seller is the controller of the Buyer’s personal data.
  2. The rules of processing of personal data and the use of cookies are described in the privacy policy available at https://effectiveness.pl/wp-content/uploads/2018/05/EFFECTIVENESS-Polityka-prywatności.pdf as well as https://effectiveness.pl/wp-content/uploads/2018/05/Polityka-prywatności-PeopleKeys_PL.

§ 10
Out-of-court complaint and redress mechanism

  1. The Seller consents to submitting possible disputes which have arisen in connection with the concluded agreements through mediation procedures. Details will be agreed upon by the parties to the conflict.
  2. The Consumer has the right to use out-of-court means of handling complaints and pursuing claims. The Consumer is able to, i.e.:
    1. turn to the arbitration consumer court with an application for resolving a conflict arisen from the concluded agreement,
    2. turn to a province inspector of the Trade Inspectorate with an application for initiating arbitration proceedings with regard to an amicable settlement of the conflict between the Consumer and the Seller,
    3. benefit from the aid of a district (municipal) consumer ombudsman or a community-based organisation, the statutory tasks of which include consumer protection.
  3. More detailed information concerning out-of-court means of handling complaints and pursuing claims can be found at http://www.polubowne.uokik.gov.pl.
  4. The Consumer has also the right to use the ODR platform which is available at http://ec.europa.eu/consumers/odr. This platform is used for settlement of disputes between consumers and entrepreneurs who wish to achieve an out-of-court settlement of a dispute concerning contractual obligations resulting from an Internet sale agreement or an agreement on the provision of services.

§ 11
Other provisions

  1. The Seller reserves the right to introduce or cancel offers, promotions and to change prices of the products in the Store without prejudice to the rights of the Buyer, including, in particular, terms of the agreements concluded prior to the change.
  2. The Seller reserves the right to introduce changes to these Terms and Conditions. The Terms and Conditions valid on the day of the agreement conclusion apply to agreements concluded prior to the change of the Terms and Conditions.
  3. Buyers who have an account in the Store will be informed about every change to the Terms and Conditions by an email sent to the address assigned to the account. Should the Buyer refuse to accept the content of the new Terms and Conditions, the Buyer has the right to terminate the agreement on the maintenance of the account by deleting the account or submitting an appropriate statement on termination of the agreement on the maintenance of the account to the Seller in any form.
  4. These Terms and Conditions came into force on 11/05/2018.
  5. All archived versions of the Terms and Conditions are available for download in PDF format – see the links below.

The archived version of the Terms and Conditions.