TERMS AND CONDITIONS OF THE WEBSITE WWW.GETLEAN.PL

§1

GENERAL PROVISIONS

  1. These Terms of Service are practical as of 18 May 2018.

  2. The owner of the www.getlean.pl website is Sabat Consulting S.C., Piłsudskiego Street 14/4, 33-100 Tarnów, Tax Identification Number (NIP): 8732822326, National Business Registry Number (Regon): 851788360

  3. The www.getlean.pl website shall operate on the principles set out in these Regulations.

  4. The regulations set out the terms and conditions for the conclusion and termination of Product Sales Agreements and the procedure for complaints;

  5. Each Customer is obliged to comply with the provisions of these Terms and Conditions as soon as they start using the Electronic Services of the www.getlean.pl website.

  6. In matters not covered by these Regulations, the provisions of:

  • The Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended),

  • Consumer Rights Act of 30 May 2014. (Journal of Laws 2014 item 827),

  • Act on out-of-court settlement of consumer disputes of 23 September 2016. (Journal of Laws 2016 item 1823),

  • Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.

§2

DEFINITIONS CONTAINED IN THE REGULATIONS

  1. CONTACT FORM - a form available on the website www.getlean.pl allowing for sending a message to the Service Provider.

  2. ORDER FORM - a form available on the website www.getlean.pl enabling the placement of an Order.

  3. GAME - a simulation game that is the subject of the Licence, the aim of which is to make its participants aware of the losses generated during a production process based on traditional methods of organization.

  4. CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.

  5. CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

  6. LICENSE- license agreement within the meaning of Chapter 5 of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws No. 24, item 83).

  7. PRODUCT- the Game Licence available on the Website, which is the subject of the Sales Agreement between the Customer and the Seller.

  8. TERMS AND CONDITIONS - these are the terms and conditions of the Service.

  9. SERVICE - the Service Provider's Website operating at www.getlean.pl

  10. SELLER, SERVICE PROVIDER -Jan Sabat and Dorota Sabat conducting business activity in the form of a civil partnership under the business name Sabat Consulting S.C. Sabat Jan, Sabat Dorota, entered into the Central Register of Business Activity and Information of the Republic of Poland maintained by the Minister competent for economy, place of business and address for delivery: ul. Józefa Piłsudskiego 14/4, 33-100 Tarnów, NIP: 8732822326, REGON: 851788360, electronic mail address (e-mail): www.getlean.pl, telephone number: +48 502 146 443.

  11. SALE AGREEMENT - Agreement for the sale of a Product concluded between the Customer and the Seller through the Website.

  12. ELECTRONIC SERVICE - Service provided electronically by the Service Provider to the Customer through the Site.

  13. SERVICE USER - a natural person, a legal person, or an organizational unit without legal personality, which the Act grants legal capacity, using the Electronic Service.

  14. ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.

§3

INFORMATION ON PRODUCTS AND THEIR ORDERING

  1. The www.getlean.pl Website conducts retail and wholesale sales of Products via the Internet.

  2. The Products offered on the Site are new, free from physical and legal defects, and have been legally introduced into the Polish market.

  3. The information on the Website does not constitute an offer within the meaning of the law. When placing an Order, the Customer offers to purchase a particular Product under the conditions specified in its description.

  4. The Product price shown on the Website is given in American dollar (USD) and includes all components, including VAT. 

  5. The Product's price displayed on the Site is binding when the Customer places an Order. This price will remain the same irrespective of price changes on the Site that may occur for individual Products after the Customer has submitted an Order.

  6. Orders may be placed:

  • via the Website using the Order Form (Service www.sabatconsulting.pl) - 24 hours a day throughout the year,

  • by e-mail at jan@sabatconsulting.pl,

  • by telephone at +48 502 146 443

  1. It is a condition for placing an Order on the Website that the Customer has read and accepted the Terms of Service when placing the Order.

  2. The Service carries out Orders from Monday to Friday during the Service's working hours, i.e., from ... to ... on working days. Orders placed on working days after ..., on Saturdays, Sundays, and holidays, will be processed on the next working day.

§4

CONCLUSION OF THE SALES CONTRACT

  1. To conclude a Sales Agreement, the Customer must place an Order through the means made available by the Seller, by § 3 sections 6 and 8.

  2. The Seller shall immediately confirm receipt after placing the order.

  3. Only the confirmation of acceptance of the Order for execution binds the Customer to its Order. Confirmation of receipt and acceptance of the Order for execution shall take place by sending an e-mail message.

  4. Confirmation of acceptance of the Order for execution shall include:

  • proof of all essential elements of the Order,

  • a withdrawal form for the Customer who is a Consumer,

  • these Terms and Conditions, including instructions on the right of withdrawal.

  1. Upon receipt by the Customer of the e-mail message referred to in Section 4, a Contract of Sale is concluded between the Customer and the Seller.

  2. Each Sales Contract will be confirmed by a proof of purchase (VAT invoice), which will be sent electronically to the e-mail address indicated by the Customer in the Order Form within three working days from the completion date of the Training.

§5

METHODS OF PAYMENT 

  1. The Seller provides the following payment methods:

  • Payment via PayPal

  • payment via PayU electronic payment service. 

  • In the case of payment via electronic payment services, the Customer makes payment before the Order is processed. Electronic payment services allow payment by credit card or fast transfer from selected Polish banks.

  • The Customer is obliged to pay the price of the Sales Agreement within three working days from its conclusion unless the Sales Agreement provides otherwise.

  • The Seller has the right to limit the payment methods available to non-consumers, including requiring prepayment of a part or the whole sales price regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.

§6

SHIPPING COSTS FOR THE SIMULATION GAME:

  1. After placing the order, the game is sent to the customer by EMS Pocztex courier. The shipping costs are:
    - to Poland - 8 USD 
    - within Europe - 50 USD
    - to North America - USD 80
    - to South America - USD 80
    - to Africa - USD 80
    - to Asia - USD 120
    - to Australia - USD 130
  2. The game is delivered to the customer within 2 to 4 weeks.

§7

CONCLUSION OF THE LICENSE AGREEMENT

  1. The subject of the Licence is the rights to use the Game Get Lean within the scope described in this paragraph.

  2. The Game is exclusively licensed and not sold.

  3. The Service Provider is the creator of the Game and is the sole and exclusive entity entitled to grant the License for the Game.

  4. The Service Provider is entitled to exclusive copyrights in the Game to the full extent, without any restrictions in favor of third parties.

  5. Use of the Game constitutes acceptance of its Licence.

  6. After the Sales Agreement, the Service Provider grants the Customer a paid, perpetual, and non-exclusive license to play the Game independently and repeatedly at the Customer's company.

  7. The Customer shall be obliged to use the Game exclusively for its own and its enterprise's purposes by its intended use.

  8. The Customer may not:

  • use the Game for profit-making or commercial purposes,

  • distribute the Game,

  • use the Game for illegal purposes.

  1. The Service Provider shall not permit any dissemination, modification, transmission, printing, duplication, or public reproduction of the materials obtained under the Licence.

  2. In case of a breach of the license provisions described in this paragraph, the Service Provider shall request the Client to cease the violation. Upon ineffective expiry of the time limit set by the Service Provider, the Service Provider will be entitled to terminate the License Agreement immediately.

  3. In the event of the Service Provider's immediate termination of the Licence Agreement, the Customer shall be obliged to cease further use of the Game immediately and immediately return the training materials received under the Licence. Continued use of the Game is equivalent to a breach of the Licence and obliges the Customer to compensate for the resulting damage.

 §8

PRODUCT COMPLAINT

  1. Warranty complaint.

  • The basis and scope of the Seller's liability towards the Customer, who is a Consumer, on account of the warranty covering physical and legal defects, are set out in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended). The Seller's liability under warranty is excluded concerning Customers who are not Consumers.

  • Notifying defects relating to the Product and filing an appropriate request can be e-mailed to jan@sabatconsulting.pl or in writing to the address: Sabat Consulting S.C. Józefa Piłsudskiego 14/4, 33-100 Tarnów, Poland.

  • In those mentioned above, written or electronic messages, please provide as much information and circumstances concerning the subject of the complaint as possible, particularly the type and date of occurrence of the irregularity and your contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Seller.

  • The Seller shall respond to the Customer's request immediately, no later than within 14 days from the date of complaint.

  • In the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days of its submission is equivalent to its acceptance. In connection with a justified complaint from a Consumer Customer, the Seller shall cover the costs of collection, delivery, and replacement of the Product with a defect-free one.

  • The response to the complaint shall be provided to the Consumer on paper or other durable medium.

§9

RIGHT OF WITHDRAWAL

  1. Subject to points 5 - 7 of this paragraph, a Customer who is also a Consumer who has entered into a remote agreement may refrain from withdrawing from that agreement unless giving reasons by making a statement to that effect within 14 days. To meet this deadline, sending a declaration of withdrawal made available by the Service is sufficient.

  2. In the event of withdrawal, the Sales Agreement shall not be concluded.

  3. The Service Provider shall reimburse the Consumer immediately, and at the latest within 14 days of receipt of the withdrawal declaration, using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different way of reimbursement that does not incur any costs for the Consumer.

  4. The fourteen-day period within which the Consumer may withdraw from the contract shall be calculated from the day the Consumer concluded the Sales Contract.

  5. The right to withdraw from a contract concluded at a distance shall not be granted to the Consumer in the case of an agreement in which the subject of performance is a service if the Service Provider has performed the Service in full with the express consent of the Consumer, who was informed before the start of performance that after its implementation by the Service Provider will lose the right to withdraw from the contract.

  6. If the Consumer exercises the right of withdrawal after requesting the performance of the Service, the Consumer shall be obliged to pay for the services performed until the departure.

  7. The payment amount shall be calculated in proportion to the extent of the performance performed, taking into account the contractually agreed price or remuneration.

  8. The Seller and the Customer (Consumer) have the right to withdraw from the Sales Agreement if the other party fails to perform its obligation within a specified period.

  9. The Seller shall have the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 Business Days from the date of its conclusion. In this case, the withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer, who is not a Consumer, against the Seller.

§10

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider shall enable via the Website the use of Electronic Services such as:

  • the conclusion of Product Sales Agreements,

  • use of the Contact Form.

  1. The provision of Electronic Services to Service Recipients on the Website shall occur under the terms and conditions set out in the Terms and Conditions.

  2. The Service Provider is entitled to place advertising content on the Website. Such content is integral to the Website and the materials presented therein.

§11

TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in § 12.1 of these Terms and Conditions by the Service Provider is free of charge.

  2. The period for which the agreement is concluded:

  • The contract for the provision of Electronic Services consisting of the possibility of submitting an Order on the Site is concluded for a definite period. It terminates at the moment of submitting the Order or at the end of its submission by the Customer.

  • The agreement to provide Electronic Services using the Registration Form is concluded for a definite period. It terminates at the moment of submission of the application or cessation of use of this Service by the Customer.

  • The agreement to provide Electronic Services using the Contact Form is concluded for a definite period. It is terminated at the moment of sending the message or discontinuing the use of this Service by the Customer.

  1. Technical requirements necessary to work with the ICT system used by the Service Provider:

  • a computer (or mobile device) with access to the Internet,

  • access to electronic mail,

  • web browser,

  • enable Cookies and Javascript in the web browser.

  1. The Customer must use the Site in a manner consistent with the law and good practice, considering respect for third parties' personal and intellectual property rights.

  2. The user is obliged to enter factually correct information.

  3. The Client is prohibited from providing unlawful content.

§12

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. The Customer may file complaints about the provision of Electronic Services via the Website via e-mail to the following address: jan@sabatconsulting.pl.

  2. In the e-mail mentioned above, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular, the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.

  3. The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.

  4. The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint notification or any other manner provided by the Client.

§13

INTELLECTUAL PROPERTY

  1. All content posted on the Website at www.sabatconsulting.pl is protected by copyright and (subject to elements used under license, transfer of copyright, or permitted use) is the property of Jan Sabat and Dorota Sabat conducting business in the form of a civil partnership under the name Sabat Consulting S. C. Sabat Jan, Sabat Dorota, ul. Józefa Piłsudskiego 14/4, 33-100 Tarnów, NIP: 8732822326, REGON: 851788360. The Customer shall be fully liable for any damage caused to the Service Provider resulting from using any content of the www.sabatconsulting.pl Website without the consent of the Service Provider.

  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the www.sabatconsulting.pl Website constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.

  3. The Service Provider reserves all copyrights in the training materials and prohibits their distribution, copying, and reproduction without written consent.

  4. All materials created while conducting the Training and made public by the Service Provider may be stored and printed exclusively for private and non-commercial use, with the source of the materials being indicated.

  5. The use of materials created during and for the use of the Training for commercial purposes or purposes other than private use requires the written consent of the Service Provider.

§14

FINAL PROVISIONS

  1. Agreements concluded through the Service are completed by Polish law.

  2. If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.

  3. Any disputes arising from Sales Agreements between the Website and Consumers will be resolved by negotiation to settle the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this is impossible or unsatisfactory to either party, disputes will be resolved by the competent common court, per point 4 of this paragraph.

  4. Judicial resolution of disputes:

  • Any disputes arising between the Service Provider and the Customer (Client), also a Consumer, shall be submitted to the competent courts by the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296 as amended).

  • Any disputes arising between the Service Provider and the Service Recipient (Client) who is not also a Consumer shall be submitted to the court having jurisdiction over the Service Provider's registered office.

  1. A Client who is a Consumer shall also have the right to use out-of-court means of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsperson or a social organization whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.

  2. To resolve a dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform, available at http://ec.europa.eu/consumers/odr/.