Regulamin

TERMS

§1 GENERAL PROVISIONS AND CONTACT DETAILS

The Online Store is available at https://livedguides.com and on the relevant subpages after registration and is run by the Seller.

In case of a Complaint regarding a placed Order, the Seller should be contacted using the following contact details:

Phone number: 504 355 899,
Email address: marta@agencjaslucham.pl,in accordance with the rules contained later in these Terms and Conditions.

The Customer may communicate with the Seller via email, contact form or chat (other online messenger) available within the Store (if any). These means ensure the preservation of written correspondence (documentary form) between the Customer and the Seller, including the date and time, meet the requirements of a durable medium, and allow the Customer to contact the Seller quickly and efficiently.

These Terms and Conditions define the rules for using the Store, placing and delivering Orders, determining and paying the Sale Price of Goods, concluding Sale Agreements for Goods, the Customer's right to withdraw from the Agreement, and filing Complaints within the Store.

The Seller provides the Terms and Conditions free of charge to the Customer or User before they start using the Online Store. The Customer may save the content of the Terms and Conditions in a way convenient for them, e.g., by saving it on a durable medium or printing it.

The condition for using the Store and concluding a Sale Agreement is the acceptance of the provisions of these Terms and Conditions. By accepting them, the Customer agrees to all provisions and declares that they have understood them and undertake to comply with them.

The Seller is responsible for the conformity of the performance with the Agreement.

To avoid any doubt, the Customer sending the Order is considered to be the submission of an offer within the meaning of Article 66 and 66 $\text{1}$ of the Civil Code, the content of which is supplemented by the provisions of the Terms and Conditions, and the Agreement is concluded upon the Seller sending the Customer an electronic statement of acceptance of the Order.

Information about the Goods provided on the Store's websites, particularly their descriptions, technical parameters, and prices, does not constitute an offer within the meaning of the Civil Code, but is only an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

When using the Store, it is forbidden to provide information of an unlawful nature, and in particular it is forbidden to:

Send and post spam within the Store;
Provide and transmit content prohibited by law, especially within the forms located in the Store.

The Customer is obligated to:

Use the Store in a manner consistent with the Terms and Conditions and the provisions of law;
Use the Store in a manner that does not disrupt its operation;
Use any content posted on the Store's subpages exclusively for personal use, in accordance with the granted license (if one has been granted).

It is not permissible to use the resources and functions of the Online Store for the Customer to conduct activities that would violate the interests of the Seller. In particular, the resale of Goods ordered through the Store to third parties without the Seller's consent is not allowed.

The terms capitalized in these Terms and Conditions have the meaning assigned to them in § 2 of the Terms and Conditions.

The Customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.

To delete the Customer Account, the Store must be informed of the desire to delete it in writing or via email.

The remaining definitions, procedures, obligations, and rights resulting from the Digital Services Act (DSA) are described in § 19 of these Terms and Conditions and are an integral part thereof.

§2 DEFINITIONS

The terms used in the Terms and Conditions mean:

Seller or Administrator – Słucham Media sp. z o. o. with its registered office in Warsaw, 02-141, ul. Ustrzycka 6, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001168597, NIP: 5223332492, REGON: 54149964400000, with a share capital of 5000 PLN, in accordance with the information corresponding to the current excerpt from the Register of Entrepreneurs contained in the Central Information of the National Court Register, represented by Marta Niemira – President of the Management Board.

Customer or User – a natural person, legal person, or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order within the Store and makes purchases through the Store.

Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

Entrepreneur with Consumer Rights – an Entrepreneur placing an Order for Goods related to their conducted business activity, but not having a professional nature for them, in accordance with Article 7aa of the Consumer Rights Act and Article 38 $\text{5}$, Article 556 $\text{4}$, Article 556 $\text{5}$ of the Civil Code.

Entrepreneur – a natural person, legal person, and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on their own behalf, who uses the Store and is not an Entrepreneur with Consumer Rights.

Account – the Customer's or User's account set up on the Store's online platform.

Terms and Conditions – these Store Terms and Conditions, also defining the conditions for using the services provided by the Seller, including the Intermediary Service, regulating the relations between the Seller, as a provider of the Intermediary Service, and the Service Recipient, as referred to in § 19 of the Terms and Conditions.

Online Store or Store – the online store available at https://livedguides.pl/ and on its relevant subpages, through which the Customer can place Orders and purchase specific Goods.

Goods – movable items purchased or available in the Store. Goods are sold for a fee, unless expressly stated otherwise.

Digital Service – a service that allows the Customer to: create, process, store, or access data in digital form, or share data in digital form that has been uploaded or created by the Customer or other users of this service, or other forms of interaction using data in digital form.

Digital Content – data produced and delivered in digital form.

Sale Agreement or Agreement – a contract of sale for Goods and/or delivery of Digital Content or Digital Service concluded between the Seller and the Customer through the Store, under which the Seller transfers or undertakes to transfer ownership of the Goods to the Customer and/or to deliver Digital Content or Digital Service, including any agreement whose subject is both goods and services.

Service Agreement – means any agreement other than a Sale Agreement for Goods, under which the Seller provides or undertakes to provide a service, including Digital Service and Intermediary Services, to the Customer.

Distance Contract – an agreement concluded with the Customer within the Store or Service, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of concluding the agreement.

Order – the Customer's action, a declaration of will directly aiming at the conclusion of a Sale Agreement and the performance of a service for the Customer, on the terms indicated in these Terms and Conditions.

Order Form – the Store's form through which the Customer can place an Order and execute a Sale Agreement.

Payment Operator – PayPro S.A. with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań, KRS: 0000347935.

Proof of Payment – an invoice or receipt issued in accordance with the Act on Tax on Goods and Services of March 11, 2004, and other relevant legal provisions.

Payment – a deposit to the Seller's account via the online payment methods available in the Store or payment upon receipt of the Goods - depending on the chosen payment method and the ordered Goods.

Price – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Digital Content, Digital Service, or Good, and in relation to Digital Content or Digital Service - also a digital representation of value.

Service – a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunications networks using an end device appropriate for the given type of network (Internet), including also the Website or its part, the Store or its part, and applications, including mobile applications and other Seller's services, Social Media, and Seller's channels operating within these Media.

Digital Environment – computer hardware, software, and network connections used by the Customer to access or use the Digital Content or Digital Service. The minimum technical requirements have been indicated by the Seller in these Terms and Conditions.

Business Days – days of the week from Monday to Friday, excluding public holidays.

Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2023, item 2759 as amended), hereinafter referred to as the Act.

Civil Code – the Act of April 23, 1964 (Journal of Laws of 2023, item 1610), hereinafter referred to as the Civil Code.

GDPR – means the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Personal Data Protection Act – the Act of May 10, 2018, on personal data protection (Journal of Laws of 2019, item 1781 as amended).

Act on Rendering Electronic Services – the Act of July 18, 2002, on rendering electronic services (Journal of Laws of 2020, item 344 as amended), hereinafter referred to as the ARES.

Telecommunications Law Act – the Act of July 16, 2004, Telecommunications Law (Journal of Laws of 2024, item 34 as amended), hereinafter referred to as Telecommunications Law.

Copyright and Related Rights Act – the Act of February 4, 1994, on copyright and related rights (Journal of Laws of 2022, item 2509, consolidated text), hereinafter referred to as Copyright Law.

§3 MINIMUM TECHNICAL REQUIREMENTS

The Customer may use the available functions of the Online Store in a manner consistent with the Terms and Conditions and applicable laws, and in a manner that does not disrupt the operation of the Online Store and other Customers.

To use the Store, including browsing the Store's assortment and placing Orders for Goods, the following are required:

Internet access from a suitable device, such as a desktop computer, laptop, or other portable device, including equipment enabling communication and filling in necessary forms within the Store, e.g., a functioning keyboard;
An appropriately configured, current version of a web browser supporting, among others, cookies, e.g., Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, and enabling the viewing of websites;
An active and appropriately configured email account (The Seller recommends that the Customer checks whether emails from the Seller's domain from their email address do not go to the "spam", "offers" or a folder other than "main/inbox". The Seller has no influence on this, and it depends on the settings of the Customer's email box and/or the email provider used).The Seller provides technical measures aimed at preventing the acquisition, modification, or distortion of personal data and information by Customers and unauthorized third parties.The Seller takes appropriate actions to ensure the proper functioning of the Store, including using appropriate tools that are intended to enable this, or the services of third parties.

§4 GOODS AND/OR DIGITAL CONTENT OR DIGITAL SERVICES AVAILABLE IN THE STORE

The Store offers the following Digital Content:

E-books.

The Seller may also provide free-of-charge Digital Content or Services within the Store, such as the option to subscribe to a newsletter.

The delivery of free-of-charge Digital Content or Services is subject to the rules described in these Regulations concerning paid and/or available Digital Content or Services in the Store, or according to the rules described in a separate regulation or service terms, or on a separate subpage concerning such content. Free-of-charge Digital Content or Services may also be made available to the user or Customer for a fee, based on the rules described in a separate regulation or in the description of such content or services.

The Seller makes every effort to ensure that the Digital Content or Digital Services comply with the highest standards and thus with the Agreement concluded with the Customer. For this purpose, it takes care of their quality, completeness, functionality, compatibility, interoperability, availability of technical support, proper and specific offer description, and provides updates if necessary and required by law or evolving technology, or if it wishes to improve their quality.

§5 PRE-SALE OF DIGITAL CONTENT OR DIGITAL SERVICES

The Seller may also conduct a pre-sale of selected Digital Content.

Pre-sale allows placing an Order before the premiere (sale of available Digital Content in the Store) of the Digital Content at a special price, usually lower than the target price.

Pre-sale may cover new Digital Content or that characterized by limited availability, or content that will only be released in the Store.

The availability date of the Digital Content covered by the pre-sale is provided in its description.

Pre-sale cannot be combined with other promotions.

§6 DELIVERY OF DIGITAL CONTENT OR DIGITAL SERVICES

The Seller delivers the Digital Content or Digital Service to the Customer immediately after the conclusion of the Agreement, unless something else is explicitly stated in the description or offer of the Digital Content or Digital Service. This primarily applies to the newsletter service available within the Store and other services or content described in these Regulations.

Digital Content is considered delivered when the Digital Content or the means that allows access to the Digital Content or downloading the digital content, have been made available to the Customer or to a physical or virtual device that the Customer selected for this purpose, or when the Customer or such a device has gained access to it.

A Digital Service is considered delivered when the Customer or a physical or virtual device that the Customer selected for this purpose has gained access to it.

The Seller sends the Customer an e-mail message containing a clickable, active link to the Digital Content or Digital Service along with instructions, or provides instructions for downloading the Digital Content or Digital Service (e.g., from the Customer Account level), depending on the features and nature of the Digital Content or Digital Service, as well as system capabilities. The Sales Agreement is concluded in the Polish language in a text consistent with the Regulations.

In the event that the Customer provides an incorrect email, enters it mistakenly, or fails to ensure the deliverability conditions of the email message in accordance with the Regulations, they bear the responsibility for the failure to deliver the Order of the Digital Content or Digital Service. It is recommended that they contact the Seller to clarify the matter and ensure the deliverability of the Digital Content or Digital Service.

§7 MODIFICATIONS AND UPDATES OF DIGITAL CONTENT OR DIGITAL SERVICES

Throughout the duration of Digital Content or Digital Service delivery, the Seller provides the Customer with updatesand informs them of the need to perform them. The Customer should also perform periodic updates of the devices they use, to enable the use of the Digital Content and Digital Services provided by the Seller. The Seller is not responsible for the lack of conformity of the Digital Content or Digital Service with the Agreement resulting solely from the failure to update if:

it informed the Customer about the update and the consequences of its non-installation;
the non-installation or improper installation of the update did not result from errors in the installation instructions provided by the Seller.

The Seller may make a modification to the Digital Content or Digital Service that is not necessary to maintain its conformity with the Agreement for the following justified reasons:

technological changes related to the Digital Content or Digital Service,
changes in law or adaptation of the Digital Content or Digital Services to legal provisions, or other guidelines related to applicable law,
stylistic changes that are not substantive but improve the quality of the Digital Content or Digital Services,
changes in the Seller's business operations, including the exclusion or introduction of new services or Goods.

The Seller cannot make modifications to Digital Content or Digital Service delivered in a one-time manner.

The changes introduced by the Seller do not entail any costs for the Customer.

If the changes were to significantly and negatively affect the Customer's access to or use of the Digital Content or Digital Service, the Seller shall inform the Customer with adequate notice about the nature and date of the change and about the right to terminate the Agreement without notice within 30 days from the date of the change or the notification of the change (if the notification occurred later than the change).

The Seller may grant the Customer the right to retain the Digital Content or Digital Services in an unchanged state without additional costs.

The Seller informs the Customer about the changes made in a clear and understandable manner, usually by sending an email to the Customer's email address provided when placing the Order, with adequate notice. The Customer is entitled to provide the Seller with a different email address by contacting them using the details provided in these Regulations.

§8 DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, NEWSLETTER

Through the Store, the Seller provides the Customer with Digital Services in the form of enabling the Customer to conclude an Agreement with the Seller electronically. This service is provided free of charge as part of the price paid for placing the Order.

The Seller also provides the Customer with a service in the form of delivering a newsletter, if the Customer has consented to it. Details regarding the sending of the newsletter, subscription, and resignation from receiving it are described in the privacy policy or in a separate regulation concerning this service available within the Store.

To ensure the Customer's safety and the transmission of data in connection with the use of the Store, the Seller takes technical and organizational measures aimed at preventing unauthorized persons from obtaining and modifying personal data. These include, but are not limited to: the use of antiviruses, technical support, appropriate technical security of the tools it uses, and other similar measures.

The Seller is not liable for the lack of conformity of the Digital Service with the agreement to the extent that it informed the Customer about the requirements related to the use of the digital service before concluding the agreement for the provision of digital services, in the event that the Customer does not meet these requirements.

The Seller takes action to ensure fully correct functioning. The Customer is entitled to inform the Seller of any irregularities or interruptions in the Store's functioning.

§9 COMPLAINT PROCEDURE CONCERNING DIGITAL CONTENT OR DIGITAL SERVICES

The Seller is responsible for the lack of conformity with the Agreement of Digital Content or Digital Service delivered once or in parts, which existed at the time of their delivery and became apparent within two years from that time, in accordance with the provisions of the Consumer Rights Act.

The Seller makes every effort to ensure that the Digital Content and Digital Services conform to the Agreement and that the Customer can use them in accordance with the Agreement. For this purpose, it clearly and understandably informs the Customer in these Regulations about all relevant requirements, including those on the Customer's side.

If the Digital Content or Digital Service is non-conforming with the Agreement, the Customer may demand that it be brought into conformity with the Agreement.

The Seller may refuse to bring the Digital Content or Digital Service into conformity with the Agreement if bringing the Digital Content or Digital Service into conformity with the Agreement is impossible or would require excessive costs for the Seller.

The Seller brings the Digital Content or Digital Service into conformity with the Agreement within a reasonable time from the moment the Seller was informed by the Customer about the lack of conformity with the Agreement, and without undue inconvenience to the Customer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the Agreement are borne by the Seller.

If the Digital Content or Digital Service is non-conforming with the Agreement, the Customer may submit a statement about price reduction (if they were paid services) or withdrawal from the Agreement, when:

bringing the Digital Content or Digital Service into conformity with the Agreement is impossible or requires excessive costs,
the Seller has not brought the Digital Content or Digital Service into conformity with the Agreement,
the lack of conformity of the Digital Content or Digital Service with the Agreement persists, despite the Seller attempting to bring the Digital Content or Digital Service into conformity with the Agreement,
the lack of conformity of the Digital Content or Digital Service with the agreement is significant enough to justify a price reduction or withdrawal from the Agreement without first resorting to demanding conformity,
it is clearly evident from the Seller's statement or circumstances that it will not bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time or without undue inconvenience for the Customer.

The reduced Price must remain in such a proportion to the Price resulting from the Agreement as the value of the non-conforming Goods is to the value of the conforming Goods.

The Customer cannot withdraw from the Agreement if the Digital Content or Digital Service is delivered in exchange for payment of a price, and the lack of conformity of the Digital Content or Digital Service with the Agreement is insignificant.

After withdrawing from the Agreement, the Seller cannot use content other than personal data provided or generated by the Customer during the use of the Digital Content or Digital Service supplied by the entrepreneur, in accordance with the provisions of the Consumer Rights Act and the exceptions contained therein.

The Seller is not liable for the lack of conformity with the Agreement of the Digital Content or Digital Service if the Customer's digital environment is incompatible with the technical requirements about which the Seller informed them clearly and understandably before concluding the agreement in these Regulations or in the description of the given Digital Content or Digital Service, or when the Customer, informed in a clear and understandable way before concluding the Agreement about the obligation to cooperate with the Seller to a reasonable extent and using the least onerous technical means for them, in order to determine whether the lack of conformity of the Digital Content or Digital Service with the Agreement in a timely manner results from the features of the Customer's digital environment, fails to fulfill this obligation.

The complaint should contain data enabling the Customer's identification (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g., type and date of the non-conformity) and the demands related to the complaint. In the event of receiving an incomplete complaint, the Seller will request the Customer to supplement it.

The complaint should be sent to the Seller's email address provided in these Regulations.

The Seller will respond to the complete complaint within a period of up to 14 days from the date of receiving the complaint and will inform the Customer about further proceedings to the email address of the person filing the complaint or in the same way the Customer contacted them, or another way agreed with the Customer.

The Seller will process the Customer's personal data for the purpose of reviewing the complaint and in accordance with the privacy policy.

The Customer may use the complaint form attached as an appendix to these Regulations.

The Seller is obliged to reimburse the price only for the part corresponding to the Digital Content or Service that is non-conforming with the Agreement and the Digital Content or Digital Service for which the obligation to deliver ceased due to withdrawal from the Agreement (if they were paid).

The Seller is obliged to refund the price due to the exercise of the right of withdrawal from the Agreement or price reduction immediately, no later than 14 days from the date of receiving the Customer's statement of withdrawal from the agreement or price reduction (if they were paid).

The Seller makes the refund using the same method of payment as used by the Customer, unless the Customer expressly agreed to a different method of return that does not involve any costs for them.

The provisions of this paragraph apply to the Consumer and to the Entrepreneur with Consumer Rights.

§10 WITHDRAWAL FROM THE AGREEMENT

The Customer who is a Consumer or an Entrepreneur with Consumer Rights has the right to withdraw from the agreement within 14 days, without stating a reason, subject to paragraph 7.

The time limit for withdrawal from the agreement begins:

a) from taking possession of the Goods by the Customer or a person indicated by them, other than the carrier,

b) from taking possession of the last Goods/lot/part by the Customer – in the case of delivery of multiple items of Goods delivered separately, divided into lots or parts,

c) from taking possession of the first of the Goods by the Customer – in the case of regular delivery over a specified period.

To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the agreement by way of an unequivocal statement (for example, a letter sent by electronic mail or via the contact form available in the Store). To keep the time limit for withdrawal from the agreement, it is sufficient for the Customer to send information regarding the exercise of their right to withdraw from the Agreement before the expiration of the time limit for withdrawal from the Agreement.

An exemplary text of the statement (form) of withdrawal from the Agreement is included in the appendix to these Regulations. The Customer may use it, but is not obliged to. It is not mandatory.

The Seller is obliged to immediately, no later than 14 days from receiving the Customer's statement of withdrawal from the agreement, refund all payments made by the Customer, including the cost of delivering the Goods, subject to paragraphs 9 and 11 of this section.

The Seller makes the refund using the same method of payment as used by the Customer, unless the Customer expressly agreed to a different method of return that does not involve any costs for them.

The right to withdraw from a distance agreement does not apply to the Customer in the following cases:

for the provision of services for which the Customer is obliged to pay a price, if the Seller has fully performed the service with the explicit and prior consent of the Customer, who was informed before the start of the service provision that after the Seller has fulfilled the service, they will lose the right to withdraw from the agreement, and acknowledged this.

The Seller may withhold the refund of payments until it has received the Goods or until the Customer has provided proof of having sent them back, whichever occurs first.

If the Customer chose a method of delivery of the Goods other than the least expensive possible delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.

The Customer is obliged to return the Goods to the Seller immediately, however no later than 14 days from the date on which they withdrew from the Sales Agreement. The deadline is met if the Customer sends back the returned Goods to the Seller's address before the expiration of the 14-day period.

The Customer is obliged to cover the direct costs of returning the Goods due to withdrawal from the Agreement (costs of sending the Goods back to the Seller).

The Customer is responsible for the reduction in the value of the Goods resulting from using them in a manner exceeding what is necessary to establish the nature, characteristics, and functionality of the Goods.

In the case of issuing a correcting invoice, the invoice will be issued by the Store at the moment of money refund to the Customer's account. The correcting invoice will be sent to the Customer electronically to the email address provided during the placement of the Order, to which the Customer consents. The Customer will send a return confirmation of receiving the correcting invoice.

In the case of withdrawal from the agreement for the delivery of Digital Content or Digital Service, from the date of receiving the Customer's statement of withdrawal from the Agreement, the Seller cannot use content other than personal data provided or generated by the Customer during the use of the Digital Content or Digital Service supplied by the Seller, except for content that:

is useful only in connection with the Digital Content or Digital Service that was the subject of the Agreement;
relates only to the Customer's activity during the use of the Digital Content or Digital Service supplied by the Seller;
has been combined by the Seller with other data and cannot be separated from them or can be separated only with a disproportionate effort;
has been generated by the Customer jointly with other Customers who can still use it.

In the event that the Content was generated by the Customer jointly with other Customers who can still use it, the Seller, upon the Customer's request, makes available to them content other than personal data that was provided or generated by the Customer during the use of the Digital Content or Digital Service supplied by the Seller.

The Customer has the right to recover the Digital Content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used, machine-readable format.

In the case of withdrawal from the agreement, the Seller may prevent the Customer from further use of the Digital Content or Digital Service, in particular by preventing the Customer from accessing the digital content.

In the case of withdrawal from the Agreement for the delivery of Digital Content or Digital Service, the Customer is obliged to cease using this Digital Content or Digital Service and making it available to third parties.

The provisions of this paragraph concern the Consumer and also apply to the Entrepreneur with Consumer Rights.

§11 PROVISIONS CONCERNING PROFESSIONAL ENTREPRENEURS

The provisions of this paragraph concern Store Customers who are Professional Entrepreneurs, as defined in these Regulations.

In the case of sale of Goods in transactions between entrepreneurs based on art. $558 \S 1$ of the Civil Code, the parties exclude the Store's liability under warranty.

In the case of Customers who are Professional Entrepreneurs, the Seller may terminate the agreement for the provision of the electronic service consisting of maintaining the Customer Account with immediate effect and without stating reasons by sending the Customer a relevant statement, also electronically to the email address provided by them for Account registration. This does not create any claims against the Seller.

The Seller has the right to withdraw from the agreement concluded with a Customer who is a Professional Entrepreneur without stating a reason, within 14 calendar days from the date of its conclusion, by sending the Customer a relevant statement, also electronically to the email address provided by them for Account registration. This does not create any claims against the Seller.

In the event of sending the Goods to the Customer via a carrier, the Customer who is a Professional Entrepreneur is obliged to examine the shipment at the time and in the manner adopted for such type of shipment. They should immediately take steps to establish the carrier's responsibility. In such a case, the Seller is not responsible for the loss, shortfall, or damage to the Goods that occurred from the moment of their acceptance for transport until their handover to the Entrepreneur, or for delay in transport of the shipment.

In relation to Customers who are Professional Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and to require full or partial prepayment, regardless of the payment method chosen by the Entrepreneur or the conclusion of the sales agreement.

The Seller's total liability in relation to the Customer who is a Professional Entrepreneur for the non-performance or improper performance of the sales agreement is limited to the amount of the paid price of the Goods and delivery costs under the sales agreement and the placed Order, in the case of intentional damage. The Seller is not liable for lost profits in relation to the Professional Entrepreneur.

The resolution of potential disputes between the Seller and the Customer, who is a Professional Entrepreneur, is submitted to the court proper for the Seller's registered office.

§12 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An Entrepreneur with Consumer Rights is an entrepreneur who makes purchases in the Store that are related to their business activity but do not have a professional nature for them, resulting in particular from the subject of their business activity based on the provisions of the Central Register and Information on Business Activity (CEIDG), in accordance with art. $38^5$, art. $556^4$, art. $556^5$ and art. $576^5$ of the Civil Code Act and art. $7 aa$ of the Consumer Rights Act.

The Entrepreneur referred to in the first paragraph of this section will be subject to the provisions of these Regulations concerning the Consumer, i.e., among others:

Digital Services provided electronically,
Withdrawal from an agreement concluded at a distance or off-premises,
Concluding agreements obliging to transfer the ownership of the goods to the Consumer,
Complaints and non-conformity of the sold item with the agreement,to the extent limited by art. $7 aa$ of the Consumer Rights Act and art. $38^5$, art. $556^4$, art. $556^5$ and art. $576^5$ of the Civil Code Act. In other respects, the provisions of the Regulations concerning Professional Entrepreneurs shall apply.The Entrepreneur with Consumer Rights, by accepting these Regulations during the purchasing process and subsequently exercising their rights listed in this paragraph, should complete the appropriate complaint or withdrawal form, and in particular, the data confirming the circumstances confirming their status in accordance with art. $7 aa$ of the Consumer Rights Act, or provide this information in another way.The Entrepreneur referred to in the above paragraph declares in the form sent to the Seller or in another way that the purchased Goods, and thus the concluded sales agreement, are directly related to their business activity but do not have a professional nature for them, resulting in particular from the subject of the business activity performed by them based on the provisions of the Central Register and Information on Business Activity, which they do as proof that they meet the conditions to be considered such an entrepreneur. The forms constitute appendices to these Regulations.

§13 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

The Goods, Digital Content, and Digital Services provided by the Seller, available in the Store, the content, texts, logos, photos, company names, trademarks, graphical design may constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller and/or third parties who are their owners/authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Regulations.1

In the event of an intention to use th2e Goods, Digital Content, or Digital Services or the above-mentioned elements in a manner contrary to that indicated in these Regulations or their intended use and functionalities, the Customer is obliged to obtain written consent from the Seller.

The Seller grants the Customer a non-exclusive and non-transferable license, without the right to grant sublicenses, for the use of the Digital Content or Digital Services. Under the Agreement, the Customer is authorized to use them only for their own needs, without territorial restrictions, in the following fields of exploitation:

In terms of recording the work – digital recording – fixation through digital processing on a dedicated platform (Customer Account) maintained by the Seller,
Printing for own use of materials in pdf and doc format, and docx, if this results from the specificity of the Goods, Digital Content, and Digital Services,
Digital recording, modifications for own needs within the scope indicated in the relevant instructions or comments, e.g., on one's own hard drive or in recommended external programs.

The license referred to in paragraph 4 is valid for the duration of the Customer's access to the Goods, Digital Content, or Digital Services. The access period, and thus the duration of the license, is indicated in the description of the given Goods, Digital Content, or Digital Services, and if not stated otherwise, it is granted for 365 days from the date of the Order. The remuneration for granting the license is included in the payment of the price of the given Goods, Digital Content, or Digital Service made by the Customer.

It is prohibited in particular, both for the whole of the Goods, Digital Content, or Digital Service, and their parts, without the express consent of the Seller:

making them available and presenting them to third parties,
publishing regardless of the form of publication, with the exception of publication allowed in the instructions or comments,
copying, duplicating for needs other than own use.

The Customer undertakes to exercise due diligence to ensure that the Goods, Digital Content, or Digital Services (e.g., educational materials available on the training platform) are not disclosed to unauthorized/third parties.

The Seller hereby informs the Customer that any dissemination of any other content or Goods, Digital Content, and Digital Services made available by the Seller constitutes a violation of legal provisions and may result in civil or criminal liability. The Seller may also demand appropriate compensation for material or non-material losses in accordance with applicable regulations.

The Seller is entitled to periodically update the Goods, Digital Content, or Digital Services in accordance with the provisions of the Regulations.

§14 PERSONAL DATA AND COOKIES

In accordance with art. $13$ section $1$ and section $2$ of the GDPR (i.e., Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of May 10, 2018, on the protection of personal data, I inform that:

The Administrator of the Customer's personal data is Słucham Media sp. z o. o. with its registered office in Warsaw, 02-141, ul. Ustrzycka 6, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001168597, NIP: 5223332492, REGON: 54149964400000, share capital of 5000 PLN, according to information corresponding to the current excerpt from the Register of Entrepreneurs contained in the Central Information of the National Court Register, represented by Marta Niemira – President of the Management Board, also referred to as the Seller in the Regulations. The Administrator independently performs the tasks of the Data Protection Officer. You can contact the Administrator using the following details: email: marta@agencjaslucham.pl, Phone number: 504 355 899 or in writing to the Administrator's address.

The Customer's personal data provided in the forms located in the Store will be processed on the basis of the agreement concluded between the Customer and the Administrator, which is reached as a result of accepting these Regulations, based on art. $6$ section $1$ letter b GDPR (necessity for the conclusion and/or performance of the agreement). This is necessary for the performance of this agreement (order fulfillment of the Goods and Account creation) and subsequently for maintaining the Customer Account and Customer service related to the concluded Agreement.

The Customer's personal data may also be processed for the following purposes and legal bases:

issuing an invoice and fulfilling other obligations resulting from tax law provisions — based on art. $6$ section $1$letter c GDPR (obligation resulting from legal provisions);
carrying out payment transactions via an electronic payment operator - based on art. $6$ section $1$ letter b GDPR(necessity for the conclusion and/or performance of the agreement);
reviewing complaints or claims — based on art. $6$ section $1$ letter b GDPR (necessity for the conclusion and/or performance of the agreement);
establishing, pursuing, or defending against claims — based on art. $6$ section $1$ letter f) GDPR (legitimate interest of the administrator);
telephone contact in matters related to service execution — based on art. $6$ section $1$ letter b GDPR (necessity for the conclusion and/or performance of the agreement);
storing unpaid orders — based on art. $6$ section $1$ letter f) GDPR (legitimate interest of the administrator);
creating registers and records related to GDPR — based on art. $6$ section $1$ letter c) GDPR (obligation resulting from legal provisions) and art. $6$ section $1$ letter f GDPR (legitimate interest of the administrator);
archival and evidential purposes, for the needs of securing information that may serve to demonstrate facts — based on art. $6$ section $1$ letter f) GDPR (legitimate interest of the administrator);
using cookies on the Store's website and subpages — based on art. $6$ section $1$ letter a) GDPR (consent);
for direct marketing directed to the Customer - based on art. $6$ section $1$ letter f GDPR (legitimate interest of the administrator),
for sending the newsletter or other free-of-charge Digital Content - based on art. $6$ section $1$ letter a GDPR(consent) and based on art. $6$ section $1$ letter f GDPR (legitimate interest of the administrator).

The provision of personal data is voluntary, but necessary for the purposes related to the performance of the Agreement and the realization of the Administrator's legitimate interests. Failure to provide them will make the conclusion and performance of the Agreement impossible.

The Customer's personal data will be processed for the duration of the Agreement performance, as well as for the period of securing potential claims in accordance with generally applicable legal provisions. Subsequently, they will be deleted, unless the Customer decides to use the Administrator's services and leaves them on another basis and for the purpose indicated to them.

The Customer's personal data will be made available to other data recipients, such as for example services providing IT service and hosting maintenance, email service provider, mailing (newsletter) service provider or payment system, law firm, subcontractors and service providers involved in the online Store's work, etc.

Due to the fact that the Administrator uses external providers of various services, e.g., Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries), based on the European Commission's implementing decision of July 10, 2023, issued pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, stating an adequate level of personal data protection within the framework of the EU-US Data Protection Framework, have undergone a certification system and obtained a certificate confirming the assurance of Personal Data protection at the European Union level. Personal data will be transferred only to recipients who guarantee the highest protection and security of data, inter alia, by:

cooperation with entities processing personal data in countries for which a relevant decision of the European Commission has been issued,
application of standard contractual clauses issued by the European Commission,
application of binding corporate rules approved by the competent supervisory authority,
or those for the transfer of personal data to whom the Customer has consented.

The Customer has the right to access their data, correct them, rectify them, erase them or restrict processing, the right to object to processing, the right to data portability, the right to request access to data, as well as the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office, if they consider that the processing of their data is inconsistent with currently applicable data protection law. They also have the right to be forgotten, if further processing is not provided for by currently applicable law.

The Customer also has the right to withdraw consent at any time, if they provided their personal data based on consent. The withdrawal of consent does not affect the processing of data that was carried out on the basis of consent before its withdrawal.

The Customer's data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the Customer's rights and freedoms.

To ensure the Customer's safety and the transmission of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the provided services, in particular measures aimed at preventing unauthorized persons from obtaining and modifying personal data.

Detailed rules for the collection, processing, and storage of personal data used for the purpose of fulfilling orders through the Store, and the cookies policy have been described in the Privacy Policy, which is available at the address: [Link to Privacy Policy: https://www.livedguides.pl/pages/polityka-prywatnosci].

§15 OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT

The Seller consents to submitting potential disputes arising in connection with the concluded agreements for the delivery of Goods to mediation proceedings. Details will be determined by the parties to the conflict.

The Consumer has the option to use out-of-court methods of complaint resolution and claim pursuit. The Consumer has the option, among others, to:

apply to a permanent consumer arbitration court with a request for the resolution of a dispute arising from the concluded Agreement,
apply to the voivodeship inspector of the Trade Inspection with a request for the initiation of mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller,
use the free assistance of the county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).

More detailed information on out-of-court methods of complaint resolution and claim pursuit can be found by the Consumer on the website [http://www.uokik.gov.pl] and at the offices and on the websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, or Voivodeship Inspectorates of the Trade Inspection.

The Consumer may also use the ODR platform, which is available at [http://ec.europa.eu/consumers/odr]. The platform serves to resolve disputes between consumers and entrepreneurs seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement.

The case can be considered by an arbitration court only after the completion of the complaint procedure and if both parties to the dispute agree to it. In other cases, potential disputes are submitted to the courts proper in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

The provisions of this paragraph concern the Consumer and also apply to the Entrepreneur with Consumer Rights.

§16 OPINIONS – FUNCTIONING WITHIN THE STORE / WEBSITE

Within the Store, opinions of Store customers and/or persons who have used the Seller's services are presented.

Opinions in the Store may appear in various places in the Store and on various subpages: in the description of the Goods, in a special tab used for leaving opinions under a given Goods, in the "Opinions" tab or similar. They may also refer to external tools or services presenting customer opinions, e.g., to a Google business card, to social media, including a Facebook fan page and the "Reviews / Opinions" tab, or to services such as Opineo, Ceneo, etc. They may also be presented in various formats, e.g., video, pdf, written opinion with the image and data of the customer of the given Goods, with partially presented personal data or without any personal data.

Every Store customer has the opportunity to leave an opinion about the purchased Goods and thereby consents to its publication within the Store and for the purposes specified by the Seller.3

The Seller makes every effort to ensure that the opinions presented in the Store and on the Store's subpages are reliable and come from people who are actual customers of the4 Store. For this purpose, it takes reasonable and proportional steps contained in these Regulations to verify whether these opinions come from customers. Among other things: it attempts to obtain consent to publish opinions for marketing purposes outside the Store, to disseminate selected or all opinions, or it checks whether a given opinion comes from a Store customer.

The opinions presented within the Store are verified by the Seller in such a way that the Seller checks whether the opinion left by a given person comes from customers, if the data left by them allows this.

If an opinion raises doubts for the Seller, it is not presented within the Store. A person who left an opinion that was not published or was removed by the Seller has the option to contact the Seller to clarify the situation and determine the reasons.

The Seller is not obliged to publish opinions in the Store and is entitled to remove them if, in its opinion, it is justified. It may also publish selected opinions.

The Seller does not use purchased, sponsored, or bartered opinions. The Seller does not post or commission another person to post untrue opinions or recommendations or distort opinions or recommendations to promote Goods in the Store.

§17 DEFINITIONS, PROCEDURES, OBLIGATIONS AND RIGHTS RELATED TO DSA

The Seller does not provide any intermediary services within the meaning of the DSA and therefore is not bound by any obligations related to the DSA.

§18 FINAL PROVISIONS

Agreements concluded through the online Store and services provided are carried out in the Polish language and based on the provisions of Polish law.

The Seller reserves the right to make changes to the Regulations for important reasons, i.e., e.g., changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations, changes in technology. The new regulation comes into force on the date of publication on the Seller's online platform on the subpage: Regulations.

The version of the Regulations valid on the date of concluding the Agreement applies to agreements concluded before the change of the Regulations.

In the event that any provision of these Regulations proves to be inconsistent with generally applicable legal provisions and violates consumer interests, the Seller declares the application of the indicated provision.

The resolution of potential disputes between the Seller and the Customer, who is a consumer within the meaning of art. $22^1$ of the Civil Code, is submitted to the courts proper in accordance with the relevant provisions of the Code of Civil Procedure.

In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, the Act on combating unfair competition, the Personal Data Protection Act, and the General Data Protection Regulation (GDPR).

Link to the Privacy Policy: [https://www.livedguides.com/pages/polityka-prywatnosci]

Link to these Regulations: [https://www.livedguides.com/pages/regulamin]

APPENDIX No. 1 - TEMPLATE OF THE COMPLAINT FORM FOR A CONSUMER

Town/City, Date: …………………………….

Name and Surname/Company: …………………………….

Residential Address: ……………………………….

Email: …………………………….

Phone Number: …………………………….

Order Number: …………………………….

Date of Order Receipt: …………………………….

[Seller's data: name, address, email]

Complaint of Goods / Digital Content / Digital Service by a Consumer

I hereby inform that the Goods/Digital Content/Digital Service ……………………………………………………… ……………………………………………[information] purchased by me on …………………………………………… is non-conforming with the Agreement.

The lack of conformity with the Agreement consists of ………………………………………………………………………………….…………………………………………………………………………………………………………………….……………………………………………………………………………………………………………………………………………………………………………………………………………..[description of the non-conformity with the agreement].

The non-conformity was found on ………………………………………………….. .

Due to the above, I demand (in the case of Goods):

exchange of the Goods _______________________
repair of the Goods _______________________
price reduction _______________________
I withdraw from the agreement.

Due to the above, I demand (in the case of Digital Content, Digital Services):

bringing into conformity with the Agreement
price reduction _______________________
I withdraw from the Agreement.

Bank account number for refund: …………………………………………………………………………………………………………………………

Bank account holder: ………………………………..………………………………….

Date: ____________________ Signature of the Consumer: __________________

APPENDIX No. 2 - TEMPLATE OF THE COMPLAINT FORM FOR AN ENTREPRENEUR WITH CONSUMER RIGHTS

Town/City, Date: …………………………….

Name and Surname/Company: …………………………….

Company Address: ……………………………….

Tax Identification Number (NIP): ……………………………

Email: …………………………….

Phone Number: …………………………….

Order Number: …………………………….

Date of Order Receipt: …………………………….

[Seller's data: name, address, email]

Complaint of Goods / Digital Content / Digital Service by an Entrepreneur with Consumer Rights

The non-conformity was found on ………………………………………………….. .

Due to the above, I demand (in the case of Goods):

exchange of the Goods _______________________
repair of the Goods _______________________
price reduction _______________________
I withdraw from the agreement.

Due to the above, I demand (in the case of Digital Content, Digital Services):

bringing into conformity with the Agreement
price reduction _______________________
I withdraw from the Agreement.

Bank account number for refund: …………………………………………………………………………………………………………………………

Bank account holder: ………………………………..………………………………….

At the same time, I declare that the purchased Goods, and thus the concluded sales agreement, are directly related to my business activity but do not have a professional nature for me, resulting in particular from the subject of the business activity performed by me based on the provisions of the Central Register and Information on Business Activity.

As proof of this, I list below the PKD (Polish Classification of Activities) for my business activity found in the CEIDG:

PKD No. …………………………… Description: ……………………………………………………………………

Date: ____________________ Signature: __________________

APPENDIX No. 3 - TEMPLATE OF THE WITHDRAWAL FROM THE AGREEMENT FORM FOR A CONSUMER

Town/City, Date: …………………………….

Name and Surname/Company: …………………………….

Residential Address: ……………………………….

Email (if available): …………………………….

Phone Number (if available): …………………………….

Order Number: …………………………….

Date of Order Receipt: …………………………….

[Seller's data: name, address, email]

Statement of Withdrawal from an Agreement Concluded Off-Premises or at a Distance for a Consumer

I hereby declare that I withdraw from the agreement …………........................................ No. ............................................ concluded on ................................................ regarding the following Goods: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Please return the amount of .................. PLN (in words ...............................................................złotych) by:

postal order to the address ..........................................................................…. [fill in if applicable],
to bank account number: ...................................................................................................... [fill in if applicable].

Date: _____________________ Signature of the Consumer: _____________

Consequences of Withdrawal from the Agreement - Instruction

In the event of withdrawal from this agreement, we shall return to you all payments received from you, including the costs of delivering the goods (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method offered by us), immediately, and in any case no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this agreement. We will make the refund using the same payment methods that you used in the original transaction, unless you have expressly agreed to a different solution; in any case, you will not incur any fees in connection with this refund.

APPENDIX No. 4 - TEMPLATE OF THE WITHDRAWAL FROM THE AGREEMENT FORM FOR AN ENTREPRENEUR WITH CONSUMER RIGHTS

Town/City, Date: …………………………….

Name and Surname/Company: …………………………….

Company Address: ……………………………….

Tax Identification Number (NIP): ……………………………

Email (if available): …………………………….

Phone Number (if available): …………………………….

Order Number: …………………………….

Date of Order Receipt: …………………………….

[Seller's data: name, address, email]

Statement of Withdrawal from an Agreement Concluded Off-Premises or at a Distance for an Entrepreneur with Consumer Rights

Please return the amount of .................. PLN (in words ...............................................................złotych) by:

postal order to the address ..........................................................................…. [fill in if applicable]
to bank account number: ...................................................................................................... [fill in if applicable],

As proof of this, I list below the PKD (Polish Classification of Activities) for my business activity found in the CEIDG:

PKD No. …………………………… Description: ………………………………………………

Other evidence: ………………………………………………………………………………………..

Date: _____________________ Signature: _____________

Consequences of Withdrawal from the Agreement - Instruction

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TERMS

§1 GENERAL PROVISIONS AND CONTACT DETAILS

§2 DEFINITIONS

§3 MINIMUM TECHNICAL REQUIREMENTS

§4 GOODS AND/OR DIGITAL CONTENT OR DIGITAL SERVICES AVAILABLE IN THE STORE

§5 PRE-SALE OF DIGITAL CONTENT OR DIGITAL SERVICES

§6 DELIVERY OF DIGITAL CONTENT OR DIGITAL SERVICES

§7 MODIFICATIONS AND UPDATES OF DIGITAL CONTENT OR DIGITAL SERVICES

§8 DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, NEWSLETTER

§9 COMPLAINT PROCEDURE CONCERNING DIGITAL CONTENT OR DIGITAL SERVICES

§10 WITHDRAWAL FROM THE AGREEMENT

§11 PROVISIONS CONCERNING PROFESSIONAL ENTREPRENEURS

§12 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

§13 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

§14 PERSONAL DATA AND COOKIES

§15 OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT

§16 OPINIONS – FUNCTIONING WITHIN THE STORE / WEBSITE

§17 DEFINITIONS, PROCEDURES, OBLIGATIONS AND RIGHTS RELATED TO DSA

§18 FINAL PROVISIONS

APPENDIX No. 1 - TEMPLATE OF THE COMPLAINT FORM FOR A CONSUMER

APPENDIX No. 2 - TEMPLATE OF THE COMPLAINT FORM FOR AN ENTREPRENEUR WITH CONSUMER RIGHTS

APPENDIX No. 3 - TEMPLATE OF THE WITHDRAWAL FROM THE AGREEMENT FORM FOR A CONSUMER

APPENDIX No. 4 - TEMPLATE OF THE WITHDRAWAL FROM THE AGREEMENT FORM FOR AN ENTREPRENEUR WITH CONSUMER RIGHTS