Terms and Conditions

Terms and Conditions of the VIZACADEMY Online Store
(hereinafter referred to as the “Terms and Conditions”)

§ 1
Preliminary Provisions

  1. VIZACADEMY online store available at https://courses.vizacademy.co.uk/, belongs to VIZACADEMY LTD with its registered office in Poland, entered into the National Court Register under KRS number 0000725092, REGON: 369803210, NIP: 7343557295 .
  2. This regulation is also directed towards consumers and sets out the rules and procedures for concluding a distance sales agreement with the consumer through the online store referred to in Article 8 of the Act on the Provision of Electronic Services of July 18, 2022 (Journal of Laws No. 144, item 1204, as amended).
  3. This Regulation specifies the detailed rules for purchasing instructional films as online training in the field of creating graphic visualizations using 3ds Max and Corona Renderer programs.
  4. This Regulation also constitutes a contractual template shaping the content of the legal relationship between the Seller and the Customer.

§ 2
Definitions

  1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity, and therefore the person referred to in art. 221 k.c.
  2. Seller or Store Owner – VIZACADEMY LTD with its registered office in Poland, entered into the National Court Register under KRS number 0000725092, REGON: 369803210, NIP: 7343557295.
  3. Client – a natural person, legal person, or an organizational unit that is not a legal person, which specific regulations grant legal capacity, placing an Order within the Shop with the Seller.
  4. Shop – an online shop operated by the Seller at the internet address https://courses.vizacademy.co.uk/ through which the Buyer can place an Order.
  5. Terms and Conditions – these Terms and Conditions of the Shop together with appendices in the form of the “Privacy Policy” (Appendix no. 1) and the “Information on the Right to Withdraw from the Sales Agreement” (Appendix no. 2), being a document referred to in Art. 8 of the Act on Provision of Services by Electronic Means.
  6. Order – a declaration of will made by the Client using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller, specifying the Products (type and quantity), payment (type), and Client data, which directly aims at producing a legal effect in the form of a Sales Agreement between the Client and the Seller.
  7. Account – a set of resources and authorizations of the Client within the system assigned to a specific Buyer, containing individual data related to the Client’s login and password.
  8. Order Form – an interactive form available in the Shop enabling the placement of an Order, in particular by adding Products to the Cart and determining the terms of the Sales Agreement, including the payment method.
  9. Commercial Information – commercial information within the meaning of Art. 2 point 2) of the Act on Provision of Services by Electronic Means, in particular advertising, a commercial offer, and information about news, promotions, and other events related to the Shop.
  10. Cart – a component of the Shop’s software in which the Products selected for purchase by the Client are visible.
  11. Product – Digital Content available on the Service, which is sold in the Shop.
  12. Digital Content – data produced and delivered in digital form.
  13. Sales Agreement – a Sales Agreement for a Product concluded or to be concluded between the Client and the Seller through the Shop, the subject of which is the purchase of a Product.
  14. Service – the Seller’s website operated at the internet address https://courses.vizacademy.co.uk/.
  15. User – any person using the Service.
  16. Civil Code – the Act of April 23, 1964 – Civil Code, Journal of Laws of 1964 No. 16, item 93, as amended.
  17. Copyright Law – the Act of February 4, 1994, on Copyright and Related Rights, Journal of Laws of 1994 No. 24, item 83, as amended.
  18. Consumer Rights – the Act of May 30, 2014, on Consumer Rights, Journal of Laws of 2014, item 827, as amended.

§ 3
Contact with the Store

  1. Seller’s e-mail address: office@vizacademy.co.uk
  2. The Customer may communicate with the Seller using the addresses provided in this paragraph.

§ 4
General provisions

  1. The Seller shall not be liable to the fullest extent permitted by law for any disruptions, including interruptions, in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the Client’s technical infrastructure.
  1. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Client for Products available in the Store’s assortment is possible after adding the Product to the Cart, providing the necessary personal data enabling the execution of the Order, and making the payment in the manner indicated in § 8 para. 3 of the Regulations.
  1. Information about the Products provided on the Store’s websites, in particular their descriptions, technical parameters, and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  1. This Regulation specifies in particular:
    • conditions and rules for placing Orders within the Store;
    • rules for concluding Sales Agreements for specific Products;
    • complaint procedure.
  1. The condition for using the Store is to familiarize oneself with the content of the Regulations and accept them. By accepting the Regulations, the Client agrees to all its provisions and undertakes to comply with them.
  1. The Seller provides the Client with the Regulations free of charge before starting to use the online Store. The content of these Regulations can be fixed by the Client by printing, saving on a medium or downloading at any time from the Store’s website https://courses.vizacademy.co.uk/.

§ 5
Technical requirements.

The use of the Store is possible on the condition that the Customer meets the following technical requirements:

  • Possession of a device that allows access to the Internet, equipped with a functioning operating system, such as iOS, Linux, or Windows,
  • Installation on the device mentioned in point a) above of the latest and current version of an internet browser that provides access to Internet resources, such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, or other compatible browsers,
  • Possession of an active email account.

§ 6
Creating an Account in the Store

  1. An account in the Store is automatically created after the Customer makes a purchase of a Product, i.e., after accepting the payment for the purchased Product.
  2. An account in the Store can also be created by the Customer after filling out the appropriate form in the Service titled “Student Registration” and clicking the “Register” button.
  3. Creating an account in the Store is free of charge.
  4. Logging into the account is done by providing a login, which is the Customer’s email address, and a password established independently by the Customer.
  5. To establish a password, the Customer should use the link sent by the Seller after purchasing the Product to the Customer’s email address.
  6. The Customer has the right to delete the Account at any time, without giving a reason and without incurring any fees by sending a relevant request to the Seller, in particular, via email or in writing to the addresses provided in § 3 of the Regulations.

§ 7
Ordering rules

  1. To order a Product through the Store, you must go to the Service’s website, i.e. https://courses.vizacademy.co.uk/, and then select the Product or Products and take further steps according to the messages displayed on the Store pages.
  1. The selection of Products to be ordered by the Customer (including their type and quantity) is made by adding individual Products to the Cart.
  1. To place an Order, the Customer must provide the following data:
    • first name, last name and (optionally) the company name and NIP,
    • residential or business address (i.e. street, house number, apartment number, city, postal code, country),
    • phone number,
    • email address.
  1. During the Order placement process, the Customer is also obliged to specify whether they are making purchases as a Consumer and to choose the payment method for the ordered Products.
  1. During the Order placement process, up until the moment of clicking the “Order with payment obligation” button, the Customer has the possibility to modify their personal data and data regarding the selected Products, both in terms of their type and quantity, as well as the payment method for the ordered Products.
  1. After providing all the necessary data to place an Order, a summary of the Order will be displayed, containing the following information:
    • the number and type of ordered Products,
    • the price of the Products,
    • personal data of the ordering Customer.
  1. In order to send the Order in accordance with the notification indicated in paragraph 6 above, it is necessary to accept the Regulations by clicking the “I have read and accept the store’s Regulations” button, as well as the acceptance of the Information on the right to withdraw from the Sales Agreement by clicking the appropriate checkbox and clicking on the “Buy and pay” button.
  1. Sending an Order by the Customer constitutes a statement of the Customer’s will to conclude a Sales Agreement with the Seller, in accordance with the content of these Regulations.
  1. After placing an Order, the Customer will receive an e-mail message containing final confirmation of all essential elements of the Order and a link through which the Customer will be able to reset the automatically assigned password to the Account and establish a new one.
  1. The Sales Agreement is considered concluded from the moment of redirecting the Customer to a subpage containing the purchased Digital Content, provided that the Customer has made payment for the Product.
  1. After making and accepting payment for the Product, the Customer will immediately receive access to the Digital Content that constitutes the Product by being redirected to the subpage containing it.
  1. The Sales Agreement is concluded in English in accordance with the Regulations.
  1. The Seller will exercise the utmost care in updating the offer of available Products on the Store’s website. However, if the Product specified in the Order is unavailable, the Seller will contact the Customer by phone or e-mail, in accordance with the data provided during the Order placement. The Customer will be able to change the Order, taking into account the actual availability of the Products, or cancel the Order.

§ 8
Product Prices and Payments Methods

  1. The prices of products displayed on the online store’s website are in Polish zloty and are gross prices (including VAT and all other components).
  1. The store owner reserves the right to change the prices of products presented on the website, introduce new products, carry out and cancel all kinds of promotional campaigns and sales. This right does not affect orders that were placed before the date of the price change, promotional campaign or sale conditions.
  1. The customer can make payment for the purchased product by electronic payment – payment to the store owner’s account via the Stripe payment gateway, PayU system or Google Pay – in the transfer title field, please provide the order number.
  1. Payments made are automatically accepted or rejected.
  1. In case of payment acceptance, the customer will be automatically redirected to the web page where they can access the purchased product.
  1. An invoice is issued for each order and sent to the email address provided in the order.

§ 9
Complaints regarding Products

  1. The Seller is liable only for physical and legal defects of the Products, in accordance with the provisions of the Polish Civil Code and consumer law. In particular, the Seller is responsible for physical defects of the Products existing at the time of the transfer of the risk to the Buyer or resulting from reasons inherent in the Product at the same time, consisting of non-compliance of the Products with the Agreement.
  1. In the event of a defect in a Product purchased from the Seller, the Consumer has the right to make a complaint based on the provisions of the warranty for defects in the Polish Civil Code. The Seller also reserves that the provisions regarding complaints apply only to Customers who are Consumers, which means that with regard to Customers who are not Consumers, on the basis of art. 558 § 1 of the Polish Civil Code, the Seller’s liability for warranty is excluded.
  1. The complaint should be reported in writing or electronically to the addresses given in § 3 of the Regulations.
  1. When reporting a complaint, the Customer should provide their first name, last name, email address, order number, describe the reason for the complaint and also the Customer’s request in connection with the defect of the Product.
  1. The Seller undertakes to consider each complaint within fourteen days from the date of its submission.

§ 10
complaints concerning the functioning of the Store’s service

  1. The Store Owner takes action to ensure the proper functioning of the Store’s service and undertakes to promptly remove any irregularities in its operation reported by Customers.
  1. The Customer may inform the Store Owner of any irregularities or interruptions in the functioning of the Store’s service by sending relevant information to the e-mail address provided in § 3 of the Regulations.
  1. In the e-mail message referred to in paragraph 2 above, the Customer should provide their name, surname, correspondence address (including e-mail address), as well as the type and date of the irregularity related to the functioning of the Store’s service.
  1. The Store Owner undertakes to consider the complaint within 14 fourteen days from the date of its receipt.

§ 11
Right to withdrawal from the Sales Agreement

  1. The Customer may withdraw from the Sales Agreement on the terms specified in the Information on the right to withdraw from the Sales Agreement, which is annexed to these Regulations.

§ 12
Other rules from the store

  1. The Customer using the Store is obliged in particular to:
  • not provide or transmit content prohibited by law, including in particular offensive or vulgar content, inciting violence or other actions contrary to law or good manners, or violating the personal rights and other rights of third parties,
  • use the Store in a manner consistent with its intended purpose and without disrupting its functioning, as well as in a manner that is not burdensome for other Customers of the Store,
  • not use the Store to send or post unsolicited Commercial Information (spam) within the Store,
  • use all content posted on the Store’s website solely for their personal use,
  • not provide third parties with login data to the Store (to the Account) and data authorizing the use of the Product purchased by the Customer,
  • use the Store in accordance with the Regulations, applicable law and general rules of using the Internet.
  1. It is strictly prohibited to reproduce, distribute, copy, lend, make available or publicly perform (including making available on the Internet) and use in a manner not permitted by law the content of purchased Products in whole or in part, or modify any materials (e.g. by changing the file format or removing protections or restrictions), regardless of the purpose and form of such activities, unless otherwise agreed in writing with the Seller.
  1. The purchase of a Product does not mean granting the Customer any license to the digital content contained in the Product or transferring to the Customer any property copyrights to the Product, which are fully retained by the Seller or other authorized persons.
  1. The Store Owner reserves the right to prohibit the Customer from sharing the Product with third parties and using the Product in any way other than that described in the provisions on so-called permitted personal use contained in the Copyright Law.
  1. The store owner reserves the right to restrict the customer from sharing the product with any third party in any way (except for the scope of personal use allowed in paragraph 4 above). Such sharing would be a violation of the Sales Agreement by the customer and would result in legal liability for the customer to the seller.

§ 13
Other rules for using the Shop – Privacy Policy

  1. The Administrator of customers’ personal data collected through the online Shop is the Seller.
  2. The data administrator undertakes to take all necessary technical and organizational measures appropriate to the degree of risk in order to ensure the security of all data and content transmitted by the customer in connection with the use of the online Shop.
  3. The Seller undertakes to protect personal data in accordance with the Act of 10 May 2018 on the protection of personal data and the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals 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).
  4. Personal data of customers collected by the administrator through the online Shop are collected for the purpose of fulfilling the Sales Agreement, and if the customer agrees, also for marketing purposes.
  5. In the case of a customer who uses electronic payment methods or a payment card in the online Shop, the Administrator provides the collected personal data of the customer to the selected entity that provides the above-mentioned payments in the online Shop.
  6. The customer has the right to access the content of their data and to correct them, as well as to use the right to delete, limit, and transfer them.
  7. Providing personal data is voluntary, however, failure to provide the personal data necessary to conclude the Sales Agreement indicated in the Regulations results in the inability to conclude the aforementioned agreement.
  8. The detailed rules for processing customers’ personal data are contained in the Privacy Policy, which is an attachment to these Regulations.

§ 14
Final provisions

  1. The photographs and other materials (including texts, graphics, logos, and any images) posted on the Store’s website, as well as all elements of the Products contained in the Digital Content, are the property of the Store Owner or have been used by the Owner with the consent of their owners. Using them for commercial purposes without the Owner’s consent is illegal and prohibited under copyright law.
  1. Any disputes between the Seller and the consumer within the meaning of Article 221 of the Civil Code will be resolved amicably or in the presence of an independent and impartial mediator. However, in the event of the inability to settle the dispute amicably through mediation, the resolution of any disputes between the Store Owner and a Consumer who is a Customer shall be subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure of November 17, 1964, Journal of Laws No. 43, item 296, as amended.
  1. The resolution of any disputes between the Store Owner and a Customer who is not a consumer within the meaning of Article 221 of the Civil Code shall be subject to the competent court due to the Store Owner’s registered office.
  1. The Seller reserves the right to make changes to the Regulations for valid reasons, in particular in the event of a change in the law, change in payment methods and conditions, or changes in the Seller’s offer.
  1. The Seller reserves the right, in the event of a breach of the Regulations by the Customer, to deprive them of the right to use the Store, including the right to place further Orders.
  2. In matters not regulated by these Regulations, the relevant provisions of the Polish and Community law shall apply.

Information on the right to withdraw from the Sales Agreement
(Attachment No. 2 to the Regulations)

  1. The Customer, being a Consumer, may withdraw from the Sales Agreement without giving a reason, within fourteen days from the day of purchasing the Product, by sending an appropriate statement to the address of the registered office of the Store Owner indicated in § 3 clause 1 of the Regulations or to the email address of the Seller indicated in § 3 clause 2 of the Regulations.
  2. The Consumer may submit a statement on the form, the template of which is annex No. 2 to the Consumer Rights Act. The use of the templates referred to in the preceding sentence is not obligatory.
  3. In the event of withdrawal from the Sales Agreement, the Agreement shall be deemed not concluded, and the Parties are obliged to return what they mutually provided on its basis.
  4. The refund should be made immediately, no later than within fourteen days from the day the Consumer, being a Customer, withdrew from the Sales Agreement.
  5. The Store Owner will refund the payment for the returned Product within fourteen days using the same payment method that the Consumer used.