§1. Preliminary Provisions
These Terms and Conditions specify the terms of contracts for the provision of services, including the method of entering into and fulfilling them electronically (via the service provider’s profiles on social media and business communication platforms).The Service Provider makes these Terms and Conditions available to Clients and Users before they make a decision to purchase a service or subscribe to the Newsletter.Each Client and User is required to read and accept the terms set out in these Terms and Conditions before entering into an agreement with the Service Provider.
§2. Definitions
The terms used in the Regulations should be understood as follows:
1. Service Provider – Marta Mielcarek, conducting business under the name MARTA MIELCAREK DESIGN in Gdańsk, at ul. Kartuska 430c/22, postal code: 80-125, NIP: PL 696-188-0264, REGON: 363793982, email address: marta.weronika.mielcarek@gmail.com
2. Client – a natural person with full legal capacity, a legal entity, or an organizational unit without legal personality, but with the capacity to perform legal acts, who uses the services provided by the Service Provider.
3. User – a natural person with full legal capacity, who subscribes to the Newsletter, thus entering into an Agreement with the Service Provider.
4. Consumer – a natural person making a purchase via the Service Provider’s social media profiles or business communication platforms, in a scope not directly related to their business or professional activity.
5. Entrepreneur acting as a consumer – a natural person making a purchase directly related to their business activity, when it is evident from the contract that it does not have a professional character, specifically as defined in the CEIDG.
6. Social Media Profiles (SM) – profiles of the Service Provider on social media platforms available at the following addresses:
Calendly: https://calendly.com/marta-mielcarek
LinkedIn: https://www.linkedin.com/in/marta-mielcarek/
Instagram: https://www.instagram.com/marta__mielcarek
Telegram: https://t.me/ui_support_bot
Website: https://glitterky.com
Facebook: Individual link to the group created for a given course
WhatsApp: Individual account of the User
Used by the Service Provider for promoting and selling Services and Digital Products, including mentoring sessions, ebooks, and access to subscription groups.
7. Calendly Profile – the Service Provider’s profile on the Calendly business communication platform, through which the Service Provider informs about available mentoring session slots and enables their purchase.
8. Zoom – the Service Provider’s profile on the Zoom business communication platform, through which video calls with participants are conducted.
9. Glitterky.com – the Service Provider’s profile on the platform where online courses, individual visits, and digital products can be booked and purchased.
10. WhatsApp – the Service Provider’s profile on the WhatsApp platform, used for maintaining constant contact with participants, exchanging text messages, sending multimedia, and conducting voice and video calls. This platform is used for ongoing communication, answering questions, and providing support during the mentoring process.
11.Stripe – a payment processing platform used by the Administrator for handling transactions related to the sale of services. The service becomes active only after the payment has been successfully processed through Stripe, and the corresponding amount has been received. The Administrator reserves the right to cancel or suspend the service if the payment is not completed. Personal data provided during payment processing is handled according to Stripe’s privacy policy and terms.
12.Service – a service provided by the Service Provider in the form of an individual online meeting or a series of such meetings, or a service provided in the form of access to a subscription group; services are paid and executed electronically, through an online communicator or phone call; the scope and descriptions of individual Services can be found on the Social Media Profiles and on the samoradosc.pl website.
13. Digital Product – digital content available in the Service Provider's assortment, created and delivered to the Client in digital form, saved on an intangible medium (e.g., ebook in pdf format sent electronically or provided as a download link), which constitutes the subject of the Agreement between the Client and the Service Provider.
14.Newsletter – digital content delivered to individuals who have subscribed via the Registration Form available on the website.
15. Order – a statement of intent made by the Client via electronic communication methods (including email, chatbots, correspondence via SM profiles, Calendly Profile, samoradosc.pl, Zoom, Facebook group) aimed directly at concluding an Agreement for the provision of Services or delivery of Digital Products.
16. Registration Form – a form provided by the Service Provider allowing the conclusion of a contract for the delivery of the Newsletter.
17. Digital Environment – the computer equipment, software, and network connections used by the Consumer or User to access the Social Media Profiles, the samoradosc.pl website, the Calendly profile, or to use the purchased Service, Digital Product, or Newsletter.
18. User Content – data and information provided by the User in subscription groups led by the Service Provider.
19. Prohibited Content – content that violates applicable law, good morals, or otherwise does not comply with the provisions of the Regulations.
20. Agreement– a distance contract concluded with the Client or User within an organized system of distance contract formation (including via email), without the simultaneous physical presence of the parties, using one or more means of remote communication until the contract is concluded.
21. Regulations – these regulations.
§3. Contact with the Service Provider
1. The Service Provider can be contacted:
- via email at: marta.weronika.mielcarek@gmail.com
- in writing at: ul. Kartuska 430c/22, 80-125 Gdańsk, Poland
- by phone at: +48 6660933-770, from 9:00 AM to 5:00 PM on business days.
2. In accordance with Regulation 2022/2065 on the Digital Services Act and amending Directive 2000/31/EC (the Digital Services Act), the Service Provider has established a contact point for direct communication – electronically – with the authorities of the Member States, the Commission, and the Council of Digital Services, as well as for communication with Users of the services offered by the Service Provider and third parties for the purposes of applying the aforementioned regulation.
3. The contact point is available at the email address: marta.weronika.mielcarek@gmail.com
4. The Service Provider’s bank account number: PL 50 1020 1811 0000 0002 0287 3685
§4. Client's Digital Environment
1. To place Orders electronically, browse the Service Provider’s offer, and use the Service, the following are required:
- A device with internet access, an operating system, and a web browser enabling the viewing of websites.
- A file viewer for jpg, png, pdf, word, and excel formats.
- An active email address.
- In the case of online Services, additional software or external applications (such as Zoom or other online meeting apps, Telegram, Google Hangouts) may be required, which the Service Provider will inform the Client of before the purchase by including this information in the Service description.
- An active Facebook account for courses.
- An active WhatsApp account for monthly individual sessions.
2. The Service Provider takes technical and organizational measures to ensure the Client's secure access to the provided content and to use the Service or Digital Product, particularly measures preventing unauthorized access to and modification of personal data.
3. The Client is prohibited from providing illegal content.
§4. Rules for Moderating User Content in Subscription Groups, Courses, and Mentoring Sessions
1. The Service Provider allows Clients to post User Content in subscription groups such as Facebook groups, WhatsApp, and the samoradosc.pl platform.
2. The Service Provider has the right to moderate User Content, which includes actions aimed at detecting and identifying prohibited content and combating it, including removing it or preventing access to it for other Users.
3. The Service Provider may moderate User Content on its own initiative or upon reporting by other Users or third parties who consider the content to be illegal or otherwise non-compliant with the Terms.
4. The Service Provider may also moderate User Content at the time of publication, but is not obligated to do so.
Prohibited Content includes content that:
- Violates the personal rights of third parties, intellectual property rights, data protection laws, or business secrets,
- Incites or supports hatred, discrimination, or violence against individuals or groups, e.g., based on race, gender, sexual orientation, religion or lack thereof, worldview, nationality, disability,
- Contains pornography or other forms of sexual exploitation,
- Incites violence against people or animals,
- Promotes or encourages terrorism,
- Aims at fraud or extortion, or supports such actions,
- May mislead or harm public opinion (misinformation and so-called fake news),
- Evokes negative emotions or promotes behaviors harmful to health and life,
- Does not pertain to the subject matter of the content being commented on,
- Contains profanity or content universally regarded as offensive,
- Promotes services or products offered by third parties or the person posting the content,
- Has the nature of spam,
- Contains links.
5. Users and third parties who consider User Content to be illegal or non-compliant with the Terms (Prohibited Content) may report it to the Service Provider for moderation.
6. Reports should be submitted to the Service Provider’s Contact Point as mentioned in §3.
7. The report must include all of the following:
- A sufficiently reasoned explanation of why the reporting person considers the User Content to be illegal or otherwise non-compliant with the Terms,
- A clear indication of the exact electronic location of the reported content, such as the precise URL(s) and, where applicable, additional information enabling the identification of the reported content,
- The name and email address of the person or entity making the report, except in cases involving information deemed related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU,
- A statement confirming the good-faith belief of the reporting person or entity that the information and allegations contained in the report are correct and complete.
8. If the report is incomplete or contains errors, the Service Provider will request that the reporting party complete the missing information within 14 days from the receipt of the report, and will inform them that failure to do so will result in the report being disregarded.
9. Once the Service Provider receives a complete report, it will confirm the receipt of the report to the reporting person via the email address provided in the report.
10. The Service Provider will review the report no later than 14 days from the date of receiving the complete report. The Service Provider may request additional information and/or documents necessary for verification.
11. During the moderation process, the Service Provider may block the visibility of the reported content for other Users.
12. The Service Provider will moderate in good faith, with due diligence, and in an objective, non-discriminatory, and proportional manner:
- It will assess the content’s compliance with the law and the Terms,
- Decide whether to remove it, prevent access to it by other Users, limit its visibility, suspend or terminate the digital service, suspend or close the User's account, or determine that there is no violation of the Terms.
13. If the Service Provider obtains any information suggesting that a crime has been or may be committed that threatens the life or safety of a person or persons, it will immediately report its suspicion to the relevant law enforcement authorities.
14. The Service Provider will promptly notify the User who made the report, as well as the person who posted the content, of the decision referred to in subsection 12(b). The notification will include the rationale for the decision and information on the possibility of appealing the decision. This does not apply to situations where the User Content consists of misleading commercial content.
15. The justification for the decision will include:
- The action taken (removal of Prohibited Content, preventing access to it by other Users, limiting its visibility, suspension or termination of the digital service, suspension or closure of the User’s account), or a statement that no violation of the Terms was found,
- Facts and circumstances that led to the decision, including, if applicable, whether the decision was made due to a report or on the Service Provider's own initiative, and, where absolutely necessary, the identity of the reporting party,
- Where applicable, information about the use of automated means in making the decision, including whether the decision was made based on content detected or identified using automated means,
- If the decision concerns potentially illegal content, the legal basis for the decision, and an explanation of why the content was considered illegal,
- If the decision is based on a content violation of the Terms, the contractual basis for the decision and an explanation of why the content is considered Prohibited Content,
- Clear and user-friendly information on the right to appeal the decision.
16. Appeals should be submitted to the Contact Point as mentioned in §3.
17. The appeal should include:
- The name and contact information of the person submitting the appeal,
- A justification for why the decision is being contested, the scope of the request, and the reasons supporting the request.
18. Appeals will be reviewed within 14 days from the date of submission.
19. Appeals will be reviewed without the involvement of automated decision-making systems.
§5. Mentoring Sessions
1. The Service Provider, via Profiles on Social Media, the Platform samoradosc.pl, and the Calendly Profile, enables the conclusion of agreements for individual and group mentoring sessions conducted online.
2. Details of the mentoring sessions, including their scope and duration, are specified by the Service Provider in the descriptions on their Social Media Profiles and on the glitterky.com platform.
3. Mentoring sessions are held on dates specified by the Service Provider before the agreement is concluded with the Client. The Client can choose a convenient date using the calendar available on glitterky.com, Calendly Profile, Stripe link or arrange a date individually with the Service Provider via email or an online messaging platform.
4. The Client is obligated to be punctual for the confirmed mentoring session. In case of delays, the session will end according to the previously scheduled timeline.
5. The Client can cancel or reschedule a confirmed Service up to 48 hours before the scheduled start of the ordered mentoring session.
6. Canceling a confirmed mentoring session after the deadline specified in subsection 4 will result in the Client being liable for damages caused by the failure to fulfill the obligation.
7. The Client's or their designated participant's absence at the confirmed session does not entitle the Client to avoid payment for the Order or to request a refund if payment has already been made. This does not apply to situations where the Client, as a Consumer or Entrepreneur on consumer rights, has effectively withdrawn from the Agreement or if the Agreement has been effectively terminated.
§6. How to Place an Order for a Service
1. After reviewing the service description, the Client can place an Order electronically via the Calendly Profile, the samoradosc.pl Platform, or directly by emailing the Service Provider, providing the recipient's details and billing information (if applicable).
2. The Service Provider will ask the Client for consent to provide the service before the withdrawal period expires, and thus, for the loss of the right to withdraw from the agreement.
3. After receiving the consent, the Service Provider will confirm the Order by sending information to the Client’s email address provided in the Order, including payment details for the Service. Upon delivery of the Order confirmation to the Client's email address, the Agreement is concluded between the Service Provider and the Client.
4. The Service Provider will contact the Client to establish expectations regarding the provision of the Service.
5. The Service Provider is entitled to cancel an Order that is not paid for within 24 hours of the Order confirmation being sent to the Client. After this period, the Service Provider will set an additional deadline for payment under the threat of withdrawal from the Agreement and will inform the Client electronically at the email address provided in the Order.
§7. Prices and Offered Payment Methods
1. The prices for Services are stated in US Dolars, and are indicated in the descriptions of Services and Digital Products available on the Social Media Profiles and the glitterky.com and stripe links.
2. The Client can pay for their order by choosing one of the payment methods offered by the payment operator Przelewy24, PayPal, or credit card provided by the Stripe System.
3. By requesting an invoice for the purchase, the Client agrees to receive invoices and their corrections electronically at the email address provided in the Order or the email sent to the Service Provider.
§8. Complaints
(Responsibility for non-compliance with the contract)
1. The Service Provider is obligated to provide the Service or deliver the Digital Product in accordance with the agreement.
2. If a Consumer or Entrepreneur with consumer rights identifies non-compliance with the agreement, they should inform the Service Provider and specify their claim related to the identified non-compliance (submitting a complaint).
3. The Client submits a complaint in writing or via email to the Service Provider's address indicated in §3 of the Terms and Conditions.
4. The complaint should include identifying details of the Client, a description of the issue, and any claims related to it. If the complaint is incomplete, the Service Provider will request the Client to complete the information within 14 days from receiving the request, with a warning that failure to complete the missing details by the specified deadline will result in the complaint being left unprocessed.
5. The Service Provider's deadline for processing the complaint is 14 days from the date of a properly submitted complaint.
§9. Right of Withdrawal
1. A Client who is a Consumer or an Entrepreneur with consumer rights and who has concluded a distance contract with the Service Provider may withdraw from the Agreement without providing any reason within 14 days. In the case of Services, the term starts from the day the Agreement is concluded.
2. To meet the withdrawal deadline, it is sufficient for the Consumer/Entrepreneur with consumer rights to send a notice of the exercise of the right of withdrawal before the expiration of the withdrawal period to the Service Provider's address provided in §3 of the Terms and Conditions.
3. The right to withdraw from a distance contract does not apply to the Consumer or Entrepreneur with consumer rights in relation to contracts:
- for the provision of services for which they are obligated to pay a price, if the Service Provider has fully performed the service with their explicit and prior consent and has informed them before the service began that after the service is performed, the Consumer/Entrepreneur with consumer rights will lose the right to withdraw from the agreement, which the Consumer/Entrepreneur has acknowledged;
- for the delivery of digital content (Digital Products) for which the Consumer or Entrepreneur with consumer rights is obligated to pay a price, if the Service Provider has begun performing the service with the explicit and prior consent of the Consumer/Entrepreneur with consumer rights, who has been informed before the service began that after the Service Provider performs the service, they will lose the right to withdraw from the agreement and has acknowledged this, and the Service Provider has provided them with confirmation of the conclusion of the agreement and confirmation of receipt of consent to deliver digital content in circumstances that cause the loss of the right to withdraw from the agreement.
4. To withdraw from an Agreement that does not involve situations mentioned in the previous point, the Consumer/Entrepreneur with consumer rights should inform the Service Provider of their intention to withdraw from the agreement via a written declaration sent by email or postal mail to the address provided in §3 of the Terms and Conditions.
5. The Consumer or Entrepreneur with consumer rights can use the model form available in the appendix below these Terms and Conditions. However, this is not mandatory.
6. In the event of withdrawal from the Agreement, the Service Provider will refund all payments received within 14 days from the day the Service Provider was informed of the withdrawal from the Agreement by the Consumer or Entrepreneur with consumer rights. The refund will be made using the same payment method used in the original transaction, unless the Consumer/Entrepreneur with consumer rights has explicitly agreed to an alternative solution that will not incur any costs for them.
§10. Alternative Dispute Resolution for Consumer Disputes
1. The Service Provider agrees to submit any disputes arising from distance contracts to negotiation. The details will be determined by the parties involved in the conflict.
2. If the negotiations do not succeed or if the parties choose not to negotiate, and the Client is not a Consumer or Entrepreneur with consumer rights, the court competent to settle any disputes related to such an agreement is the court in the Service Provider's jurisdiction.
3. The Consumer has the possibility to use alternative dispute resolution methods for complaints and claims. Among other things, the Consumer can:
- appeal to a permanent consumer arbitration court for dispute resolution arising from the concluded agreement,
- appeal to the provincial inspector of the Trade Inspection for initiation of mediation procedures to amicably resolve the dispute,
- seek assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection.
4. The Consumer may also file a complaint via the EU online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/.
For more detailed information on alternative dispute resolution methods, the Consumer can visit the website http://www.uokik.gov.pl
§11. Personal Data and Cookies
1. The rules for processing personal data and using cookies are described in the Privacy and Cookie Policy available at: https://www.glitterky.com/privacy-policy
§12. Final Provisions
1. Agreements concluded by the Service Provider are in English.
2. In matters not regulated in these Terms and Conditions, the applicable provisions of Polish law shall apply, without prejudice to the protection provided by the mandatory laws of the country of habitual residence.
3. These Terms and Conditions apply to agreements concluded from 1st August 2024.
