Ebook Regulations

Regulations
for supplying digital content

 

§ 1 Preliminary provisions

 

  1. The following regulations for the delivery of digital content in the form of an electronic publication (e-book) ‘Extreme sports in the era of 5.0 - how to use the potential of social media and influencer marketing in a sports career. Interviews with top athletes and the experts supporting them. ‘ defines, among others, the method of concluding the contract, information on payment, and the method of completing the order.
  2. The seller is NATIVE HASH private limited company with its registered office in Jasionka, 954E Jasionka, 36-002 Jasionka, entered into the National Court Register by the District Court in Rzeszów, 22nd Commercial Division of the National Court Register under KRS number 0000778892, NIP number 5170398381 and REGON number 382932905.
  3. Selling of the e-book takes place on an external sales platform, available at the website address: https://payhip.com/NativeHash.
  4. The Seller provides services without any territorial restrictions.
  5. The Seller is the administrator of the Customer personal data. Detailed regulations concerning the processing of personal data are provided in the Privacy Policy.

§ 2 Definitions

  1. Seller - NATIVE HASH private limited company with its registered office in Jasionka, 954E Jasionka, 36-002 Jasionka, entered into the National Court Register by the District Court in Rzeszów, 22nd Commercial Division of the National Court Register under KRS number 0000778892, NIP number 5170398381 and REGON number 382932905
  2. Store - an online trading platform, available at the website address: https://payhip.com/NativeHash, run by PayHip Limited (First Floor, 2 Woodberry Grove, North Finchley, London N12 0DR), registration number 08386910, allowing customers for conclusion of a contract with the Seller,
  3. Product - digital content available in the Store in the form of an electronic publication, an e-book entitled ‘Extreme sports in the era of 5.0 - how to use the potential of social media and influencer marketing in a sports career. Interviews with top athletes and the experts supporting them’. The software is installed in an electronic device (e.g. computer, e-book reader, smartphone), which is the subject of the Agreement between the Customer and the Seller,
  4. Contract - a contract concerning the supply of digital content, i.e. the Product, concluded between the Customer and the Seller as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of communication remotely until the conclusion of the contract, under which the Seller undertakes to deliver the Product to the Customer with the prior payment of a specific amount by the Customer,
  5. Consumer - a natural person concluding an agreement with the Seller for supplying the digital content via the Store, the subject of which is not directly connected with his business or professional activity,
  6. Customer - a natural person, having full legal capacity, a legal person or a defective legal person, concluding an agreement with the Seller for supplying the digital content via the Store,
  7. Entrepreneur with the rights of a consumer - natural persons running a sole proprietorship, registered in the Central Register and Information on Economic Activity (CEIDG), concluding an agreement directly connected with the business activity, when the content of this agreement shows that the product for them is not of professional nature, resulting in particular from the subject of the business activity performed by them Regulations – the following regulations,
  8. Order - the declaration of the Customer, submitted via the Order Form available in the Store and aimed directly at concluding an Agreement with the Seller,
  9. Order Form - an interactive form available in the Store that allows for placing an Order, in particular by adding the Product to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment,
  10. Cart - an element of the Store's software in which the selected Product is visible. It also provides a possibility to determine and modify the Order data, in especially the quantity of products.

§ 3 Contact with the Seller

  1. The Customer can communicate with the Seller in the following way:
    a. Via e-mail to the Seller's e-mail address: hello@nativehash.io
    b. By traditional post, by sending a letter to the Seller's address: Native Hash Sp. z o.o. Podkarpackie Science and Technology Park Aeropolis Jasionka 954E, 36-002 Jasionka, Podkarpackie Voivodeship,
    c. By phone to the Seller's phone number: +48601433575.
  2. The Seller is available at the phone number indicated in Article 1, from 8 a.m. to 10 p.m. from Monday to Friday, except for public holidays.

§ 4 Technical requirements

  1. In order to use the Store, including viewing the Store's assortment and placing orders for the Product, you must:
    a. have a device with access to the Internet,
    b. have a modern, regularly updated web browser,
    c. have an active e-mail account (e-mail),
    d. enabled cookies.
  2. The Seller does not guarantee that using the Store will be uninterrupted and free from technical defects and is not responsible for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, incompatibility of the Store with the Customer's technical infrastructure or Customer's problems with access to the Internet.
  3. In order to use the Product, it is necessary to have the proper software installed on an electronic device (e.g. computer, e-book reader, smartphone), allowing for reading the files in PDF format.
  4. The Seller is not responsible for the Customer's failure to meet the requirements specified in Article 1 and 3. In case of any doubts, the Seller reserves that he does not offer the Product to be delivered on a durable physical device and does not provide appropriate software.
  5. The website uses cookies on the basis of the Customer's consent, except when cookies are necessary for the correct provision of the service by electronic devices.

§ 5 Purchase in the Store

  1. The Product can be bought via the Store, available at the following website: https://payhip.com/NativeHash.
  2. Placing Orders by the Customer is possible by providing the necessary personal data enabling the Order to be processed.
  3. The Product prices visible on the Store's website are provided in Polish zlotys and are gross prices (including VAT).
  4. The Seller has the right to organize contests and promotions concerning the Product.
  5. The Seller does not use personalized determination of the Product price based on automated decision making and customer profiling.
  6. By placing an Order by the Customer and making a payment for the Order, the Agreement is concluded.
  7. The Seller does not provide the service of storing the Product in the Store or on another platform, thus the Customer bears the risk of not saving the Product on a separate storage device after making the purchase.

§ 6 Regulations for placing an Order

  1. To place the Order:
    1) choose the Product that is the subject of the Order, and then click the Add to cart; or Buy now button,
    2) complete the Order Form, by providing your e-mail address and payment details,
    3) accept the payment,
    4) information about the payment status and instructions for downloading the Product will be sent to the e-mail address you provided.
  2. The condition for placing the Order is an active e-mail address.
  3. The Seller will not be held liable if the customer provides an incorrect e-mail address in the Order Form.
  4. Starting to proceed with the payment for the Product means accepting the Regulations and consent to the implementation of the Agreement before the deadline for withdrawal from the Agreement, which involves losing the right to withdraw from the Agreement, about which the Customer is informed in the description under the product before completing the payment.

§ 7 Conclusion of the Agreement

  1. The conclusion of the Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Store and makes the payment.
  2. After making the payment, the Seller will instantly send an e-mail to the e-mail address provided by the Customer in the Order Form with a statement on the completing the Order, attaching a link to download the Product, the price of the Product, and the invoice.

§ 8 Delivery and payment methods

  1. The Customer can pay for the Product through the payment operator Stripe (Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland) or PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349).
  2. The Customer can pay by debit or credit card or by logging into his PayPal account.
  3. Payment for the Product is accepted only before receiving the Product, i.e. it is not possible to pay on delivery.
  4. The Customer is obligated to make the payment 5 days from the date of placing the Order - or else the Order will be canceled.
  5. Completing the paid Order takes place immediately after the payment is credited to the Seller's bank account, by sending a message to the Customer’s s e-mail address provided in the Order Form with a link to download the Product.
  6. Access to the Product and downloading it to an electronic device is possible by clicking on the sent link.
  7. The link referred to in Article. 4 is valid indefinitely.
  8. The Customer will be able to download the Product up to 5 times.
  9. Upon sending the message with the link defined in Article. 5, the Agreement is considered completed and the Product fully delivered to the Customer.
  10. The Seller sends the Customer the purchase confirmation to the e-mail address provided in the Order Form. At the Customer's request, the Seller will issue an invoice within 14 days of the request for an invoice, if the request was made within 3 months from the end of the month in which the Product was delivered.
  11. In the case of the absence of the e-mail referred to in Article. 5, please contact the Seller, providing the Order number and e-mail address provided by the Customer in the Order Form.

§9 License

  1. After completing the Order, i.e. at the time referred to in Article 8. 5, the Seller provides the Customer with a non-exclusive license for the Product.
  2. The Customer has the right to download and save the Product on a disc or external device and is obligated to use the Product only for his own use.
  3. In particular, the customer is not allowed to:
    a) distribute the Product in whole or in part, both for commercial and non-profit purposes, unless the law expressly permits such actions;
    b) reproduce the Product for a purpose other than for personal use or lawful use of the Product, unless the law expressly permits such actions.
  4. The Customer cannot sub-license or resell the Product.
  5. The license is given for an indefinite period and without territorial restrictions.

§10 Right to withdraw from the agreement

  1. Due to the nature of the Product, the right to withdraw from a Distance Agreement is not possible if the providing the service began with the prior express consent of the Consumer or the Entrepreneur on consumer rights and after acknowledging that after the Seller has provided the service, he will lose the right to withdraw. from the Agreement.
  2. The moment of the full performance of the Agreement is the delivery of the e-mail message referred to in Article 8 para. 5.

§11 Complaint

  1. The Seller undertakes to provide the Customer with a Product free from defects. The Seller is liable to the Customer who is a Consumer and Entrepreneur on consumer rights if the Product includes a physical or legal defect.
  2. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in the following Regulations.
  3. In the event of a defect in the goods purchased from the Seller, the Consumer and the Entrepreneur with consumer rights have the right to make a complaint based on the provisions on warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude the liability under the warranty.
  4. It is recommended to include in the complaint, among others, a brief description of the defect, data of the customer submitting the complaint, and the customer's request regarding the defect of the goods.
  5. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is assumed that the Customer's request was considered justified.

§ 12 Non-judicial ways of dealing with complaints and redress

  1. A Customer who is a Consumer or an Entrepreneur with the consumer is allowed to use non-judicial dispute resolution methods.
  2. Detailed information on the possibility for the Consumer or the Entrepreneur to use non-judicial means of handling the complaints and redress as well as the rules of access to these procedures are available at the offices and on the municipal websites, social organizations for which statutory tasks it is necessary to protect consumers, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  3. The Consumer and Entrepreneur with the rights of consumers have the following exemplary possibilities of using non-judicial complaint and redress procedures:
    a. applying to a permanent amicable consumer court with a request to resolve the dispute arising from the Agreement concluded with the Seller,
    b. applying to the provincial Trade Inspection with a request to start mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller,
    c. receive free assistance from a municipal consumers’ rights advisor or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13 Final Provisions

  1. Agreements concluded via the Online Store are settled in Polish.
  2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect implementing the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
  3. In terms of matters not covered by these Regulations, generally applicable provisions of Polish law will apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
  4. The Customer has the right to use non-judicial means of handling the complaints and redress. For this purpose, he can submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.
  5. The Regulations enter into force on 30 July 2022.

Privacy policy

  1. The administrator of the clients personal data is NATIVE HASH private limited company with its registered office in Jasionka, 954E Jasionka, 36-002 Jasionka, entered into the National Court Register by the District Court in Rzeszów, XXII Commercial Division of the National Court Register under the number KRS 0000778892, with the number NIP 5170398381 and REGON number 382932905.
  2. Customers personal data is collected via the Store and transferred to the Seller in order to complete the Agreement, and if the Customer agrees - also for marketing purposes.
  3. As part of the Agreement, the Seller processes the following Customer data: name, last name, place of residence, telephone number, e-mail address, IP address, and cookies.
  4. Giving consent to the processing of data by the Seller is voluntary and takes place when submitting the Order Form, however, the lack of such consent will prevent the execution of the Order. The data may also be transferred by the Customer initiating contact with the Seller via traditional post, e-mail, or by phone.
  5. The Seller does not collect data automatically.
  6. The Seller processes data in the form of cookies (small text information stored on the Customer's end device) based on the Customer's consent, given during the first visit to the Store's website. Some cookies are necessary for the proper functioning of the Store. It is possible to block all or selected only particular cookies, which, however, may lead to difficulties in using the Store.
  7. Cookies are used to distinguish and remember customers visiting the Store's website.
  8. The Customer's personal data is processed for the following purposes:
    a. completing the Order and the Agreement (Article 6 (1) (b) and f) GDPR),
    b. handling complaints (Article 6 (1) (c) of the GDPR),
    c. handling correspondence (Article 6 (1) (f) of the GDPR),
    d. issuing accounting documents (Article 6 (1) (c) of the GDPR),
    e. pursuing claims (Article 6 (1) (f) of the GDPR),
    f. fulfilling obligations connected with the protection of personal data (Article 6 (1) (c) and f) GDPR).
  9. The recipients of the personal data of the Store's customers are:
    g. Stripe or PayPal electronic payment operators,
    h. provider of the PayHip external sales platform,
    i. an accounting office that provides accounting services for the Seller,
    j. technical service and suppliers of IT solutions.
  10. The duration of the processing of the Customer's personal data is connected with the purpose of their processing. The complete removal of personal data takes place when the fulfillment of all the purposes set out in Article. 6 and in other cases indicated in the GDPR.
  11. The Customer's personal data is transferred to third countries in connection with the use of tools and systems of companies based in third countries, including:
    a) Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland (electronic payment operator),
    b) PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) (electronic payment operator).
    c) Payhip Limited PayHip Limited (First Floor, 2 Woodberry Grove, North Finchley, London N12 0DR), registration number 08386910.
  12. The customer has the right to:
    a) access his data and receive a copy of his personal data,
    b) rectification (correction) and deleting data ("the right to be forgotten"),
    c) restriction of data processing,
    d) data mobility,
    e) object to the processing of data,
    f) withdraw consent to the processing of personal data,
    g) file a complaint with the supervisory authority.
  13. The above rights are exercised by e-mail, through sending an e-mail to the Seller's address: hello@nativehash.io. The seller undertakes to respond to the request within 14 days from the date of receiving the notification.
  14. The Customer has the right to file a complaint concerning the breach of personal data or a complaint regarding non-compliance with the rights on personal data, the right to access personal data, the right to rectify personal data, the right to request the deletion of personal data, the right to request the restriction of personal data processing, the right to transfer data personal data, the right to withdraw consent to the processing of personal data or to disregard the objection to the processing of personal data. The complaint is submitted to the President of the Personal Data Protection Office at the following address: Office for Personal Data Protection, Stawki 2, 00 - 193 Warsaw, e-mail: kancelaria@uodo.gov.pl.