Terms and conditions of the online store

The regulations are effective as of October 23, 2023.

I. Definitions used

  1. Store – online store available at alabasterfox.studio through which the Buyer may purchase Digital Products (presets, e-books, graphics, online courses) available in the Store.
  2. Seller – Adrianna Zielińska Alabasterfox, based at Al. Kasztanowa 3A-5, 53-125 Wrocław, registered in the Register of Entrepreneurs under NIP: 8942944136, REGON: 366625475. Contact details: e-mail – hello@alabasterfox.studio.
  3. Personal data administrator – the entity deciding on the purposes and means of data processing. The administrator of the Buyers’ personal data is the Seller.
  4. Online Store Regulations – these regulations for the provision of services by electronic means, specifying the rules of use of the Store.
  5. Privacy Policy – a document describing the purposes and means of data processing, as well as the rights of data subjects.
  6. Consumer – an adult natural person with full legal capacity, making a purchase at the Seller not directly related to his/her business or professional activity.
  7. Customer – a natural person of full legal age who has the capacity to perform legal actions, a legal person or an organisational  unit without legal personality, but with the capacity to perform legal actions, making a purchase at the Seller directly related to its economic or professional activity.
  8. Customer-Consumer – an adult natural person making a purchase at the Seller directly related to his/her business, when the purchase is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  9. Buyer – both Consumer, Customer and Customer-Consumer.
  10. Order – a declaration of intent made by the Buyer aimed directly at concluding a contract with the Seller by completing and submitting a purchase form in electronic form available on the Store’s website, including reading and accepting the Terms and Conditions of the online store.
  11. Product – all digital content available on the Store, such as:
    1. Electronic file – a file containing digital content intended to be read, available for download upon receipt of payment by the Seller. An electronic file is, in particular, an e-book or other document that is in electronic form, in particular saved in .PDF format, and is not saved on any tangible medium (each electronic file in the Store includes a description of what format it is available in).
    2. Preset – is a set of memorized settings for photo processing, which allow you to quickly and easily apply a specific effect or style to the works you create. A preset can change, for example, the white balance, exposure, contrast, sharpening or saturation of each color in a photo; a collection of these settings allows you to achieve a specific color effect in a digital image. A preset is saved in .dng or .xmp. format and requires Lightroom Classic or the free Lightroom Mobile app to use it.
    3. Online course – access to audio and/or video materials and electronic files delivered on an online platform, which the Buyer obtains for the period indicated in the selected Subscription or for life, and the delivery of content is made once.
  12. Complaint – a mode of claiming liability from the Seller in connection with the non-conformity of the purchased Product with the contract.
  13. Digital environment – computer hardware, software and network connections used by the Buyer to access or use digital content or digital service.
  14. Compatibility – the interoperability of the digital content or digital service with the computer hardware or software typically used to use the digital content or digital service, without conversion.
  15. Digital content – data produced and delivered in digital form.
  16. Account on a course platform – in the case of Digital Products, the specifics of which require the creation of an Account on a course platform (access to an online course or download of an e-book) in order to use the Product, such creation of an Account may be required, and the login data (e-mail) will be processed for the purpose of fulfilling the concluded agreement.
  17. Newsletter – one of the services provided electronically in the Store by the Seller, consisting in sending marketing information electronically to the e-mail address provided by the Buyer, with the Buyer’s prior consent.

II. General provisions

  1. The prices of the products are shown directly next to the specific product on offer in the Store. The prices shown include all taxes and are expressed in gross amounts. The currency depends on the selected language version of the Store. In the case of the Polish language version of the Store, prices are expressed in Polish zlotys (PLN).
  2. The Seller is a VAT taxpayer.
  3. The Seller issues VAT invoices.
  4. The desire to receive a VAT invoice should be notified to the Seller at the stage of placing the Order.
  5. he Seller undertakes to deliver Products in accordance with the contract.
  6. The Buyer is obliged to use the Products offered by the Seller in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, in accordance with the provisions of the Regulations, as well as not to provide content prohibited by generally applicable laws.
  7. Delivery of Digital Products, including digital content shall be made via the Internet in electronic form.
  8. The Buyer is obliged to familiarize himself with the technical requirements necessary for the use of the Store and Digital Products, including digital content, contained further in the Terms and Conditions (Technical Requirements).

III. Forms of payment

  1. The Seller provides the following forms of payment in the Store:
    1. Pre-payment online by bank transfer, BLIK or card through an external payment system provided by PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, a national payment institution, supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under the number IP1/2012, entered in the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Department of the National Court Register under the KRS number 0000274399, with the share capital of PLN 4,944,000, fully paid up, holding the tax identification number NIP: 779-23-08-495, REGON 300523444. (PayU)
    2. Online prepayment by bank transfer or card, processed through PayPal (Europe) S.àr.l. & Cie, S.C.A. – registered in R.C.S. Luxembourg under number B 118 349, with its registered office in Luxembourg, 22-24 Boulevard Royal L-2449, holding a valid license as a Luxembourg credit institution within the meaning of Article 2 of the Law on the Financial Sector of April 5, 1993, as amended, and subject to the strict supervision of the Luxembourg supervisory institution, the Commission de Surveillancedu Secteur Financier (Financial Sector Supervisory Commission) – in real time; the order is processed after the receipt of the order value into the Store’s account in the PayPal system.

IV. Conclusion of contract of sale

  1. In order to purchase a Product from the Store, it is necessary to visit the Store’s website, i.e. https://alabasterfox.studio, and then select a Digital Product, following the information displayed on the Store’s website.
  2. In order to purchase a Product, it is necessary for the Buyer to perform the following actions:
    1. adding the Product to the shopping cart,
    2. filling in the order form with such data as the Buyer’s name or surname,
    3. providing an e-mail address to which access to the Product is assigned,
    4. indicating data for issuing a bill or invoice, if the Buyer wishes to receive one, including providing other data for billing, such as TIN, the name of the entity to which the invoice or bill is to be issued,
    5. selection of the form of payment,
    6. reading the Terms and Conditions and accepting the Store’s regulations,
    7. optionally agreeing to the delivery of the Digital Product by the Seller before the 14-day deadline for withdrawal from the contract, as well as confirmation by the ordering party that he understands that in this case he will lose the right to withdraw from the contract concluded at a distance if he downloads the File or logs in to the Online Course or the Online Consultation is completed before the deadline,
    8. confirmation of the will to conclude the contract, including the selection of the button “I order with obligation to pay” or of equivalent content.
  3. After the Buyer has provided all the data necessary to place an order, a summary of the Order will be displayed.
  4. The order sent by the Buyer is the Buyer’s statement of intent to conclude a sales contract with the Seller, in accordance with the provisions of these Regulations.
  5. After placing an order, the Buyer will receive an e-mail confirming the order, which constitutes the Seller’s statement of intent to conclude a contract of sale with the Buyer including the Product. The contract of sale is considered concluded upon the Buyer’s receipt of the e-mail from the Seller.
  6. The Seller will provide by e-mail to the Consumer or the Customer-Consumer a confirmation of the consent given by the Consumer or the Customer-Consumer to the delivery of digital content under circumstances causing the loss of the right of withdrawal, if such consent was given by the Consumer or the Customer-Consumer.

V. Order completion date by Product category

  1. The Seller shall process placed orders for Digital Products within the following time limits:
    1. with online payment, access to the purchased Product in the form of a File or Online Course is granted automatically after authorization of payment by the payment operator PayU or Stripe. The Buyer receives an email with the File to download or account registration data on the Platform. The download of the File and access to the Online Course on the Platform is inactive until payment is received by the Seller,
    2. in the case of traditional payments, access to the File or Online Course is granted within a maximum of 3 business days after the payment is credited to the Seller’s account.

VI. Withdrawal from a contract concluded at a distance

  1. A Consumer or Customer-Consumer has the right to withdraw from a contract concluded at a distance without giving any reason and without incurring costs.
  2. The period for withdrawal from a contract concluded remotely is 14 days from the date of conclusion of the contract.
  3. Exceptions to withdrawal from the contract are indicated later in the Terms and Conditions, i.e. Exceptions to withdrawal from the contract.
  4. To meet the deadline for withdrawal from the contract, it is sufficient to send a statement of withdrawal to the Seller before its expiration by e-mail to the specified e-mail address: hello@alabasterfox.studio
  5. The Consumer or the Customer-Consumer may use the template of the Withdrawal Form provided by the Seller or use Appendix No. 2 to the Act of May 30, 2014 on Consumer Rights.
  6. The Seller will immediately send the Consumer or the Client-Consumer an acknowledgement of receipt of the withdrawal statement.
  7. If the Consumer or Customer-Consumer sends a statement of withdrawal by traditional means (mail, courier), the date of sending the correspondence will count for keeping the 14-day period for withdrawal.
  8. The Seller will return the funds paid by the Consumer or Client-Consumer within 14 days of receipt of the Consumer’s or Client-Consumer’s statement of withdrawal, using the same method of payment used by the Consumer or Client-Consumer, unless the Consumer or Client-Consumer agrees to a different method of refund.

VII. Exceptions to withdrawal from the contract for a Digital Product

  1. In accordance with Article 38 of the Law of May 30, 2014 on Consumer Rights, the Consumer or Customer-Consumer is not entitled to withdraw from the contract for the provision of digital content not delivered on a tangible medium, for which he or she is obliged to pay the price, if in total:
    1. The Seller has commenced performance with the express and prior consent of the Consumer or Customer-Consumer,
    2. The Consumer or Client-Consumer was informed before the performance began that after the performance by the entrepreneur he will lose the right to withdraw from the contract,
    3. The Consumer or Client-Consumer has accepted this,
    4. The Seller has provided the Consumer or the Client-Consumer with confirmation of the consent given by the Consumer or the Client-Consumer to the delivery of digital content under circumstances causing the loss of the right of withdrawal.
  2. In the case of an order of a Digital Product, including digital content, a Consumer or Customer-Consumer who, in the circumstances indicated in para. 1 above, downloads the File or logs in to the Online Course or uses the Online Consultation before the expiration of the 14-day period entitling to withdraw from the Order, loses the right to withdraw from the contract, in accordance with Article 38(13) of the Act of May 30, 2014 on Consumer Rights.
  3. The consumer and the Customer-Consumer are also not entitled to withdraw from the contract for a service for which he or she is obliged to pay the price, if the entrepreneur has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the entrepreneur’s performance, he or she will lose the right to withdraw from the contract, and has accepted this.

VIII. Conformity of the Product with the contract

  1. A digital product, including digital content will be in conformity with the contract if, in particular, its description, type, quantity, completeness, compatibility, functionality and interoperability, indicated in the product description in the Store, remain in conformity with the contract.
  2. Conformity with the contract should also be assessed taking into account the specific, particular type of digital content and whether:
    1. is suitable for the purposes for which digital content of this type is normally used, taking into account applicable laws, technical standards or good practices,
    2. occurs in such quantity and has such features, including functionality, compatibility, availability, continuity and security, as are typical for digital content of this type.
  3. In the case of non-conformity of the Product with the contract (noticing defects in the Product within 2 years from the date of delivery or making the Product available), the Consumer and the Customer-Consumer shall have the right to demand that the Product be brought into conformity with the contract, and if the Product cannot be brought into conformity with the contract or if this will be combined with undue difficulties or impossible to implement within a reasonable time, to demand a price reduction or to withdraw from the contract.
  4. In the case of non-conformity of a digital service or digital content with the contract, the Consumer or Customer-Consumer shall have the right to demand that the content or digital service be brought into conformity with the contract.
  5. The Seller shall bring the digital content or digital service into conformity with the contract within a reasonable time from the moment it is informed by the Consumer or Customer-Consumer of the non-conformity with the contract, and without undue inconvenience to the Consumer or Customer-Consumer, taking into account their nature and the purpose for which they are used.
  6. The cost of bringing the digital content or digital service into conformity with the contract shall be borne by the Seller.
  7. If it is not possible or requires excessive costs on the part of the Seller to bring the Product into conformity with the contract, or the lack of conformity of the digital content or digital service with the contract continues, despite the fact that the Seller has tried to bring the Product into conformity with the contract or the lack of conformity with the contract is significant then the Consumer or Customer-Consumer may demand a reduction in its price or withdraw from the contract.
  8. When assessing the excessiveness of costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Product with the contract, the value of the Product in conformity with the contract and the excessive inconvenience for the Consumer or Customer-Consumer arising from the change in the manner of bringing the Product into conformity with the contract.
  9. The Consumer or Customer-Consumer is obliged to read the Technical Terms and Conditions necessary for the use of the Store and the Product, in particular the content or digital service, as further mentioned in the Terms and Conditions.
  10. The Consumer or Client-Consumer is obliged to cooperate with the Seller, to a reasonable extent and with the least burdensome technical means, in order to determine whether the non-compliance of the digital content or digital service with the contract in a timely manner is not due to the characteristics of the Consumer’s or Client-Consumer’s digital environment and its incompatibility.
  11. The Seller shall not be liable for non-conformity with the contract if, at the latest at the time of conclusion of the contract, the Seller expressly informed the Consumer or Customer-Consumer that a particular feature or features of the Product deviate from the requirements for conformity with the contract, and the Consumer or Customer-Consumer then expressly accepted the lack of the feature or its non-conformity, separately for each such feature of the Product.
  12. For Products delivered on a continuous basis, the Seller’s liability shall last for the entire period of delivery of the Product.
  13. The Seller shall consider a complaint of nonconformity with the contract within 14 days from the date of its receipt, sending a response to the e-mail address or correspondence address indicated by the Consumer or Client-Consumer, allowing him to learn the Seller’s position.
  14. The complaint should include at least:
    1. name of the Consumer or Customer-Consumer, address, postal code,
    2. name of the purchased Product,
    3. description of the complaint,
    4. the date on which the nonconformity of the Product became apparent,
    5. confirmation of the purchase from the Seller (depending on the circumstances, the Consumer or Customer-Consumer may present one of the following: proof of purchase, order number, confirmation of payment, e-mail with confirmation of acceptance of the order by the Seller, etc.).
  15. In the case of withdrawal from the contract due to the occurrence of non-conformity with the Contract, the Seller may demand the return of the tangible medium on which he delivered the Product, within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, the Consumer or the Client-Consumer is obliged to return the medium immediately and at the expense of the Seller, if such a durable medium was provided for digital content.
  16. The Seller shall refund to the Consumer or Client-Consumer the price due as a result of exercising the right of withdrawal or price reduction immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Client-Consumer a about withdrawal from the contract or price reduction.
  17. The Seller shall refund the price using the same method of payment used by the Consumer or Customer-Consumer, unless he has expressly agreed to a different method of refund that does not involve any costs for him.

IX. Consumer reviews in the Store

  1. The Seller assures that the opinions published in the Store and on the Website about the Products and/or the Store come only from people who have used or purchased the given Product.
  2. Issuing an opinion about the Product and/or the Store is possible after the purchase of a given Product for Buyers who have made a previous order in the Store, and the Order has been fulfilled.
  3. After the order has been completed, the Seller may send the Buyer a link to give an opinion/rating of the Product or Store it operates, in the form of, for example, a survey with an evaluation of the Product and/or Store, within 14 days.
  4. The Buyer may voluntarily evaluate the Product and/or Store.
  5. Opinions published on the site or in the Store may be anonymous or by name, if the Buyer, issuing an opinion, agrees to it.
  6. The Seller publishes selected opinions on the website and in the Store, as well as on the social media it operates, including in the form of featured testimonials.
  7. The processing of data for the purpose of sending an email requesting an evaluation of the Store and/or the Product is carried out on the basis of Article 6(1)(f) of the RODO, and this processing is carried out for the legitimate purpose of the data controller (Seller), which is to improve the offer and/or the Product and/or the Store by collecting reliable opinions about them by the owner of the Store.
  8. The Buyer’s personal data, in particular his e-mail address, is not shared with other persons or entities, and only serves to verify that the person making the evaluation is actually the person who ordered the Product in question, and is kept exclusively for the Seller’s information.
  9. The Seller does not verify reviews that have been placed by the Buyer in external services, other than the Seller’s Store.

X. Personal data protection

  1. The administrator of personal data provided during the use of the Store is the Seller.
  2. The Buyer’s personal data is processed for the purpose of concluding and fulfilling the concluded sales contract, including the delivery of the Product, on the basis of Article 6(1)(b) RODO. Providing personal data for this purpose is necessary.
  3. The purposes and scope of data processing, the entities to which the data will be transferred, as well as the rights of data subjects are described in the Privacy Policy (RODO) available at: https://alabasterfox.studio/privacy-policy/

XI. Technical requirements necessary to use the Store and Products and Services

  1. In order to use the Store and the purchased Products, it is necessary for the Buyer to have:
    1. a device with access to the Internet (computer, tablet, phone);
    2. a properly configured web browser that supports cookies – Microsoft Edge, Opera, Mozilla Firefox, Safari, Google Chrome in the version that provides support for cookies and JavaScript. It is acceptable to use other versions of web browsers if they provide full compatibility with the versions listed above.
    3. an active and properly configured e-mail account that allows the Buyer to receive e-mail messages.
  2. For the safety of using the Store and its Products, it is recommended that the device used by the Buyer has, in particular:
    1. an up-to-date antivirus system,
    2. an effective security firewall,
    3. installed available updates to the operating system and web browser that relate to security,
    4. an activated function to accept cookies and JavaScript in the web browser,
    5. software capable of reading files in .PDF format (optionally .EPUB, .MOBI as additional formats, if available for a given Product,) and depending on the specifics of the selected Product, software to read the file for editing: .dng/.xml.
  3. The Buyer is obliged to use the Products offered by the Seller in a manner consistent with the laws in force on the territory of the Republic of Poland, the provisions of the Regulations of the Online Store, as well as not to provide content prohibited by generally applicable laws.
  4. The Consumer or Client-Consumer is obliged to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means, to determine whether the lack of compliance of the digital content or digital service with the contract in a timely manner is not due to the characteristics of the Consumer’s or Client-Consumer’s digital environment and its incompatibility.
  5. The Seller shall not be responsible for the Buyer’s failure to comply with the technical requirements outlined above necessary for cooperation with the information and communication system used by the Buyer. In particular, this includes cases where the Buyer has misconfigured or not configured the email account at all, and because of this, emails from the Buyer to the Seller or from the Seller to the Buyer do not arrive.

XII. Newsletter

  1. The Buyer during the execution of the Order, as well as independently of it, may subscribe to the Seller’s Newsletter.
  2. The Newsletter consists of sending marketing information electronically by the Seller to the email address provided by the Buyer, with the Buyer’s prior consent, i.e. on the basis of Article 6(1)(a) RODO,
  3. The Buyer, in order to effectively subscribe to the Newsletter, is obliged to correctly provide the e-mail address to which the information is to be sent and confirm the subscription.
  4. Confirmation of subscription takes place after subscription. It consists in confirmation of the subscription by the Buyer by logging into the mailbox of the provided e-mail address and clicking on the activation link placed in the confirmation message.
  5. The Buyer may withdraw the consent given at any time using the unsubscribe option (unsubscribe), which is available in any marketing message sent by the Seller.
  6. The Buyer may also contact the Seller directly to withdraw consent to receive newsletters at any time, without affecting the compatibility of processing prior to cancellation of consent.
  7. The Consumer and the Customer-Consumer are not obliged to provide any services other than the provision of personal data, and the data is processed by the entrepreneur only for the purpose of executing the contract and delivering the newsletter.

XIII. Copyright

  1. The Products are works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights and are subject to the protection provided for in this legal act.
  2. The author’s economic rights to the Files and/or Courses and/or Presets are vested in the Seller or any other entity with which the Seller has entered into applicable agreements, while the author’s moral rights are vested in the authors.
  3. Exclusive rights to the content made available as part of the Store, in particular, copyrights to images, names, trademarks of the Store and its Products, including the graphic elements included in them, software and database rights are subject to legal protection and vested in the Seller or third parties with whom the Seller has entered into applicable agreements.
  4. It is forbidden to copy or otherwise use any elements of the Store without the consent of the Seller.
  5. The purchase of a File, Preset or Online Course does not transfer to the Buyer any property or personal copyrights to these Products. The Buyer may use it only for his own purposes.
  6. In the event of infringement of the author’s economic rights to a File, Preset or Online Course, the infringer (including the Buyer) shall be liable therefor as provided in the copyright or intellectual property laws.
  7. In particular, the Buyer is not allowed to:
    1. Remove the protection and marking affixed to the File or the Online Course.
    2. Reproduce the File, Preset, Online Course or distribute it, whether in printed or electronic form.
    3. Share the File, Preset or Online Course with others, whether in printed or electronic form.
    4. Rent or lend the File, Preset or Online Course, whether in printed or electronic form.
    5. Interfere with the contents and content of the File or Online Course.

XIV. ODR Platform

  1. The ODR Platform (Online Dispute Resolution – ODR) is an interactive website for Consumers and Sellers wishing to resolve disputes out of court.
  2. The ODR Platform is available at: http://ec.europa.eu/consumers/odr/
  3. Filing a complaint is done by filling out an electronic form and finding the right entity to resolve the dispute.
  4. All the institutions listed on the platform have been verified, ensuring that they meet the relevant regulations and are registered by national authorities. On the territory of the Republic of Poland, this body is – the Office of Competition and Consumer Protection (UOKIK).

XV Final provisions

  1. In matters not regulated by these Terms and Conditions of the Online Store, the relevant generally applicable provisions of Polish law shall apply.
  2. The consumer also has the right to refer the dispute to an entity authorized for out-of-court resolution of consumer disputes in accordance with the Law on Out-of-Court Resolution of Consumer Disputes (Journal of Laws 2016.1823 of 2016.11.09) without prejudice to the possibility of bringing an action before a common court.
  3. Buyers may access the Online Store Regulations free of charge at any time on the Store’s website and make a printout of them.
  4. These Regulations of the Online Store come into force on the date of their publication on the Seller’s website.
  5. The Seller shall notify Buyers of any planned change to the Terms and Conditions by e-mail, sending the content of the amended Terms and Conditions at least 14 days before it comes into effect, to the Buyers’ addresses it holds, and moreover shall place a note to that effect on the Store’s website, well in advance.
  6. These Regulations shall be effective as of the date of their publication on the Website https://alabasterfox.studio, i.e. as of 23.10.2023.