The products offered in the Store are sold by Maryla Denka, conducting business activity under the name Maryla Denka (operating under the brand: Swedishness), NIP 9512455754, REGON 369494772, entered into the Central Register and Information on Economic Activity maintained by the Polish minister responsible for the economy, contact address: Husarii 29, 02-951 Warsaw, hereinafter referred to as the Seller.
You can contact the Seller by writing to the following email address: maryla@swedishness.se or by phone: +48 885 510 763.
In accordance with legal requirements, we have designated a contact point for direct communication with the authorities of EU Member States, the European Commission, the Digital Services Board, as well as with Users using the Service. Fast and direct communication is possible via the email address provided above.
Copyright notice: These Terms & Conditions were created in collaboration with the law office of Legal Counsel Kinga Konopelko (http://www.kingakonopelko.pl). Copying or distributing this document without the author’s consent is prohibited and may result in both criminal and civil liability.
§1 DEFINITIONS
Explanation of the key terms:
1. Price – the value expressed in monetary units that the Client is obliged to pay; in the case of digital content/services, also a digital representation of value;
2. Business Day – a day from Monday to Friday, excluding public holidays;
3. Proof of Payment – an invoice or receipt issued in accordance with the VAT Act or other applicable legal regulations, sent to the Client;
4. Client – an entity intending to make a purchase or making a purchase of product(s), i.e., a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality granted legal capacity by law – who has concluded or intends to conclude an Agreement with the Seller, also referred to as the User;
5. Consumer – a natural person making a purchase for purposes not directly related to their business or professional activity;
6. Offer – a proposal to conclude an agreement containing the essential elements of the Product (including a description of the product, individual proposal by the Seller);
7. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business activity on their own behalf and using the Store;
8. Entrepreneur with consumer rights – a natural person entering into an agreement directly related to their business activity, when it follows from the agreement that it is not of a professional nature for them, based in particular on the scope of their business activity made available under the Central Registration and Information on Business (CEIDG);
9. Product – goods or services offered by the Seller in the Store and intended for sale; the Product is paid unless otherwise indicated;
10. Electronic Product – digital content received by the Client as part of the purchase, which takes the form of an electronic file. The file format depends on the material (e.g., e-book, other materials in pdf, audio/video format);
11. Digital Service – a service that allows the Client to: a) generate, process, store, or access data in digital form, b) share data in digital form transmitted or generated by the consumer or other users of the service, c) other forms of interaction by means of such data;
12. Terms and Conditions – these Terms and Conditions of Sale specifying the rules for using the Store, placing orders, and fulfilling orders by the Seller;
13. Store/Website/Service – the website on which the Seller conducts its business, including, among others, the sale of products by the Seller or where the content of the Seller and Users is shared;
14. Goods – an item that is the subject of an agreement between the Seller and the Client.
15. Goods with digital elements – goods containing or connected to digital content or a digital service in such a way that the proper functioning of the goods would not be possible without the digital content or service;
16. User Content – information shared, generated and/or provided by the User as part of using the Service, including:
a) reviews of Products, Services, or the Service,
b) comments under content shared on the Service,
c) information contained in the User’s profile visible on the Service,
d) posts and comments in Facebook groups or on dedicated social media channels,
e) information shared within the User’s Account and available to other Users.
17. Durable Medium – a material or tool used to store information in a way that allows access to that information in the future (for a period necessary to fulfill the purposes of that information) and enables the reproduction of the stored information in an unchanged form;
18. Agreement – mutual arrangements between the Seller and the Client defining their respective rights and obligations;
19. Service – a service provided by the Seller to the Client.
§2 TERMS OF COOPERATION AND CONCLUSION OF THE AGREEMENT
1. The terms of cooperation and performance of the Agreement are defined in these Terms and Conditions and in the Offer.
2. These Terms and Conditions and the Offer do not exclude or limit any rights of the Client who is a Consumer or an Entrepreneur with consumer rights, arising from mandatory provisions of law.
3. In the event of any inconsistency between the content of these Terms and Conditions and the Offer, the provisions of the Offer shall prevail.
4. The Agreement is concluded when the Client accepts the Terms and Conditions, makes the payment, and confirms the submission of the order, subject to the provision below.
The Agreement is deemed concluded when the Client accepts the Terms and Conditions, makes the payment, and the Seller confirms the acceptance of the order subject to the provision below.
5. If the payment date is set after the conclusion of the Agreement, the Agreement is deemed concluded when the Client accepts the Terms and Conditions and the Seller confirms the acceptance of the order.
6. For the purposes of this section, “making a payment” shall mean the payment being credited to the Seller’s account or to the account of the payment intermediary.
§3 PRICE
1. The Price is a gross price and includes all taxes required by applicable law, unless the Seller has clearly indicated that the Price is a net amount and that VAT must be added.
2. The Price does not include any delivery charges or other costs that the Client will be required to bear. The Client will be informed of any such additional charges before placing the order.
3. A discounted Price is the price applicable as a result of a reduction in the original Price of the product.
4. The Lowest Price is the lowest price applied to the Product within the 30-day period preceding the application of the discount. If the Product has been offered for sale for less than 30 days, the Lowest Price shall mean the lowest price applied during the period in which the Product was available.
§4 ORDER PLACEMENT RULES
1. The Client may access and use the Store 24 hours a day, 7 days a week.
2. The Seller uses the Stripe platform to provide online payment services.
3. Payment can be made via traditional bank transfer, electronic transfer, debit or credit card, or other payment methods offered by the platform.
4. The Client is obliged to make the payment immediately after placing the order, unless otherwise stated in the Offer or results from the selected payment method.
5. To purchase Products via the Store, the Client must:
1) select the Product(s) they wish to purchase from the options available on the website by clicking the “Add to Cart” button or an equivalent option;
2) provide the required information (e.g. Client details, payment method, delivery method) after selecting the Products;
3) review the total Price of the selected Products, including any delivery costs and other additional fees related to the order;
4) accept the Terms & Conditions and the order, and make the payment using the selected payment method. Once the order is placed, the Seller will send a confirmation of order placement.
6. To purchase Products electronically, e.g. by email, through instant messaging apps, or via an external tool, the Client must:
1) select the Product(s) they wish to purchase and review the Offer;
2) provide the required information requested by the Seller (e.g. Client details, payment method, delivery method) after selecting the Products;
3) review the total Price of the selected Products, including delivery and any additional fees resulting from the order, prior to accepting the order;
4) accept the cooperation terms presented by the Seller with respect to the specific order, including these Terms & Conditions, and make the payment using the selected payment method. Once the order is placed, the Seller will send a confirmation of order placement.
7. After the Agreement is concluded, the Seller shall also send the Client the terms of the Agreement, unless they were provided prior to its conclusion.
8. The Seller reserves the right to cancel the order if the Client fails to make the payment within 3 Business Days from the order date, or if the Client completes the order form in a manner that prevents proper order fulfillment, despite being requested to correct or complete the data under penalty of cancellation.
§5 ORDER FULFILLMENT RULES
Digital Products
1. In the case of purchasing a Product that includes a Digital Product, access to the Product will be granted to the Client immediately upon successful payment, but no later than within 48 hours, unless otherwise specified in the Offer.
2. The Digital Product will be made available through the User Account or sent to the email address provided by the Client, subject to the provisions below.
3. In the case of Products such as courses or other Digital Products in which the materials, due to the nature of the Product, are not available immediately after purchase, such materials will be made available gradually during the course or immediately—depending on what is specified in the Offer.
4. If the purchased Product includes access to a Facebook group or other platforms, or to live events (such as webinars or online meetings), the Client will be granted access to such areas immediately after purchase or within the timeframe resulting from the specific nature of the Product and the Offer.
5. The Client acknowledges that live events may be recorded and that the recordings may be made available as part of the Product.
6. Unless otherwise stated in the Offer, access to the Product is time-limited and remains valid for 12 months from the date the Agreement is concluded.
7. If the Client is unable to open the provided file or access the materials, they should contact the Seller.
8. The Seller will inform the Client of updates, including security updates, necessary to maintain the conformity of the Product with the Agreement.
Consultations / Meetings / Sessions
9. Detailed information about the Service is provided in the Offer.
10. The term “hour” shall be understood as 60 minutes, unless the Offer indicates otherwise.
11. Consultations shall be scheduled following prior agreement between the Client and the Seller, via email and/or SMS and/or using the online calendar provided (if applicable), unless otherwise stated in the Offer.
12. The Client must use the Service no later than within 6 months from the date of purchase, unless otherwise specified in the Offer.
13. The Client is entitled to reschedule the Service once. To do so, the original appointment must be canceled no later than 24 hours before the scheduled time, and a new date must be agreed upon. Failure to comply with this condition will result in the Service being deemed as completed. Rescheduling must be requested by email using the address specified in the Terms and Conditions.
Subscription-Based Services
14. In the case of Services provided on a subscription basis, including time-limited access to Products, and unless otherwise specified in the Offer:
1) The Agreement is concluded for a fixed term as indicated in the order, unless the nature of the Service or the Offer specifies otherwise.
2) In the case of an Agreement concluded for an indefinite period, the Client may terminate the Agreement with effect at the end of the applicable billing period.
3) Month of access shall be understood as a calendar month starting from the date of successful payment.
Other Services
15. Detailed information about the Service is provided in the Offer.
16. The Service delivery period begins on the date the Seller receives from the Client all information necessary for the proper provision of the Service, unless otherwise specified in the Offer.
§6 TECHNICAL REQUIREMENTS
1. The Client may use the Store in accordance with the Terms and Conditions and applicable law.
2. The Seller informs the Client that due to the public nature of the Internet and the use of services provided electronically, there is a risk of unauthorized access to and modification of Client data by third parties. Therefore, Clients should apply appropriate technical measures to minimize the abovementioned risks.
3. In order to use the Store or place an order, the Client must have:
1) an up-to-date version of a web browser supported by the manufacturer, with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
2) an active email account.
4. In order to access the Products, the Client must have:
1) an up-to-date version of a web browser supported by the manufacturer, with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
2) an active email account;
3) an up-to-date tool/program capable of opening electronic files in the format indicated in the Offer (e.g. *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);
4) a Facebook account or account on another communication platform, if the Offer specifies that access to a dedicated Facebook group or a similar platform is part of the Agreement.
5) If additional technical requirements are necessary for the use of the Store or the Products, the Client shall be informed thereof prior to using the Store or placing an order for the Product.
§7 COPYRIGHT AND LICENCES
1. All materials provided by the Seller — including Digital Products and Services, texts, images, graphics, multimedia content, and trademarks — constitute a work within the meaning of copyright law and related rights law and are subject to legal protection.
2. The copyright in the aforementioned materials is held by the Seller or by another entity from whom the Seller has obtained the appropriate licence. The materials may also be used by the Seller on another legal basis.
3. All materials made available by the Seller may be used exclusively by the Client for personal use, unless otherwise stated in the Offer. Any unauthorised redistribution, sharing, extraction, or downloading of the materials beyond the limits of permitted personal use is prohibited.
4. The Seller grants the Client a non-exclusive, non-transferable licence without the right to grant sublicences and without territorial limitations. The time limitations of the licence result from the Offer or from these Terms and Conditions. The licence fee is included in the Price.
5. The licence granted to the Client does not include the right to:
1) permanently or temporarily reproduce the Product in whole or in part, other than for the purpose of making a personal copy for individual use,
2) make any other modifications to the Product in whole or in part,
3) distribute the Product for remuneration by any means and in any form,
4) distribute the Product free of charge by any means and in any form.
6. In the event of a breach of the restrictions referred to in this paragraph, including infringement of copyright, the Seller is entitled to seek compensation and redress from the Client. The Client may be held liable under civil or criminal law for such breaches.
7. The Seller has the right to periodically update the Products, particularly Digital Products.
§8 NON-CONFORMITY OF GOODS WITH THE AGREEMENT AND WARRANTY
1. This section sets out the rules of liability for the conformity of performance with an Agreement involving the transfer of ownership of Goods to the Consumer and to an Entrepreneur with consumer rights, applicable to agreements concluded on or after 1 January 2023.
2. For agreements involving the transfer of ownership of Goods — including, in particular, sales agreements, delivery agreements, and agreements for specific work constituting Goods — the provisions of Title XI, Book Three, Title II of the Polish Civil Code of 23 April 1964 do not apply. Only the provisions of the Consumer Rights Act shall apply. Detailed information on the applicable rules is set out in the Consumer Rights Act, and these Terms and Conditions do not intend to limit or modify those provisions in any way.
§9 ADDITIONAL RIGHTS OF THE CLIENT REGARDING DIGITAL CONTENT/SERVICES
1. This section sets out the rights of the Consumer and the Entrepreneur with consumer rights in the case of Agreements for the supply of digital content or digital services concluded on or after 1 January 2023. Detailed information on the Client’s rights is provided in the Consumer Rights Act, and these Terms and Conditions do not intend to limit or modify such provisions.
2. If the digital content or digital service is not in conformity with the Agreement, the Client may request that it be brought into conformity with the Agreement, or may make a declaration requesting a price reduction or withdrawal from the Agreement.
3. The Seller may refuse to bring the digital content or digital service into conformity with the Agreement if the remedy chosen by the Client is impossible or would impose disproportionate costs on the Seller.
4. If the digital content or digital service is not in conformity with the Agreement, the Client may submit a declaration of price reduction or withdrawal from the Agreement where:
1) bringing the digital content or digital service into conformity is impossible or would involve disproportionate costs;
2) the Seller has not brought the digital content or digital service into conformity with the Agreement;
3) the lack of conformity persists despite the Seller’s attempt to bring the digital content or digital service into conformity with the Agreement;
4) the lack of conformity is so significant as to justify an immediate price reduction or withdrawal from the Agreement;
5) it is clear from the Seller’s statement or the circumstances that the Seller will not bring the digital content or digital service into conformity with the Agreement within a reasonable time or without significant inconvenience to the Client.
5. The Client may not withdraw from the Agreement if the digital content or digital service is supplied in exchange for payment and the lack of conformity is only minor.
6. If the Client has not received the digital content or digital service, they shall notify the Seller. If it is not delivered promptly or within an additional expressly agreed period, the Client may withdraw from the Agreement.
7. The Client may withdraw from the Agreement without requesting delivery of the digital content or digital service if:
1) the Seller has stated, or it is clear from the circumstances, that they will not deliver the digital content or digital service; or
2) the Parties agreed, or it is clear from the circumstances of the Agreement, that a specific delivery date of the digital content or digital service was essential to the Client, and the Seller failed to deliver it by that date.
8. The Client may submit a complaint concerning the non-conformity of the Goods with the Agreement, as referred to in §8 and §9, by sending it to the Seller’s address indicated in the Terms and Conditions (postal or e-mail address). The complaint should include information allowing the Client to be identified, the subject of the complaint, and the claims related to the complaint. If the complaint is incomplete in a way that prevents it from being processed, the Seller shall request the Client to supplement it, under the pain of the complaint being left unexamined. The Client may submit the complaint using the template set out in Annex No. 3 to these Terms and Conditions. This procedure shall apply accordingly to the rights arising under §8 of the Terms and Conditions.
9. The Seller will respond to the complaint within 14 days of receipt, unless otherwise provided by specific provisions of law. The response will be sent to the Client’s email address or in another manner indicated by the Client.
10. The provisions of this section do not apply if the Agreement provides for the supply of digital content by means of a tangible medium.
§10 IMAGE RIGHTS
1. The Client acknowledges that the image of the Participant, made available by the Client as part of their cooperation with the Seller, may be processed by the Seller, including being recorded and disseminated for educational, archival purposes and for purposes related to the performance of the Agreement.
2. By enabling their camera during live transmissions (webinars/online meetings) or otherwise providing their image to the Seller, the Client gives their consent for the image of the Participant to be recorded, used, and disseminated by the Seller in the form of recordings/photos from the live transmission or cooperation, for the purposes indicated in paragraph 1.
3. The processing of the image of the Client/Participant for marketing or promotional purposes requires separate consent.
4. The image referred to above may be subject to various forms of digital processing, cropping and composition, and may be combined with the images of other persons participating in the live transmission. Video and audio recordings involving the Client/Participant may be cut, edited, modified, or incorporated into other materials created in the course of the Seller’s activity. The consent covers all forms of publication.
5. The Client may not record, use, or disseminate the image of other participants or presenters without their prior consent.
§11 PRODUCT REVIEWS
1. The reviews concerning the Products that are published by the Seller are verified by the Seller.
2. Verification is carried out, among other things, by comparing personal data or cooperation details with data and information held by the Seller regarding Clients who have previously used the Seller’s Products. It may also be carried out by directly contacting the person who submitted the review with a thank-you message, by providing Clients with a dedicated link to submit a review, or by obtaining the review during direct communication with the Client.
3. If there are doubts as to whether a review originates from a person who has used the Seller’s Products, such a review will not be published by the Seller.
4. Published reviews aim to present the benefits of using the Seller’s Products, as perceived and experienced by previous Clients.
5. The Seller does not use sponsored or barter-based reviews.
§12 WITHDRAWAL FROM THE AGREEMENT
1. This section sets out the rules governing the right of withdrawal from the Agreement by a Consumer or an Entrepreneur with consumer rights acting as a Consumer.
2. A Client who is a Consumer or an Entrepreneur with consumer rights acting as a Consumer has the right to withdraw from the Agreement within 14 days, subject to the provisions below. In order to exercise the right of withdrawal, the Client must inform the Seller of their decision by means of an unequivocal statement — for example, by email or letter sent to the address indicated in the Terms and Conditions. Further information on the right of withdrawal is provided in Annexes 1 and 2 to these Terms and Conditions.
3. The right of withdrawal does not apply to the agreement for:
1) the provision of services, for which the Client is obliged to pay the price, if the service has been fully performed by the Seller with the Client’s explicit and prior consent, provided that the Client was informed before the commencement of the performance that they would lose the right of withdrawal once the Seller has fully performed the service, and the Client acknowledged this information;
2) the supply of digital content not supplied on a tangible medium, for which the Client is obliged to pay the price, if the Seller has commenced the supply with the Client’s explicit and prior consent, provided that the Client was informed before the commencement of the supply that they would lose the right of withdrawal once the Seller has fully performed the supply, and the Client acknowledged this information, and the Seller confirmed the receipt of the Client’s consent.
3) goods that are not prefabricated, manufactured according to the Client’s specifications or clearly personalized (custom-made products);
4) for the supply of sealed audio or video recordings or sealed computer software, where the seal has been broken after delivery.
5) the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts;
6) agreements concluded by way of a public auction.
4. The Client referred to in paragraph 1 is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish its nature, characteristics, and functioning.
5. In the case of withdrawal from an agreement for the supply of digital content or a digital service, the Client shall refrain from using such digital content or digital service and from making it available to third parties.
§13 USER ACCOUNT
1. The Seller creates a User Account for the Client, i.e. an individual panel made available to the Client by the Seller in order to access the Seller’s Products, following the Client’s registration and the conclusion of a free-of-charge agreement for the creation and maintenance of the User Account, hereinafter referred to as the Account. The agreement for the creation and maintenance of the User Account is concluded for an indefinite period.
2. The Client may not share their User Account with third parties or hold multiple User Accounts.
3. Creating a User Account is required to access the User Account, place an order, and access the Product, if the Product is made available through the User Account.
4. The Seller shall send information regarding the User Account to the email address provided by the Client. The Client shall set an individual password for the Account. The Client is also obliged to set an individual password in the event the password is automatically generated by the system during registration. After registering the Account, the Client should immediately set a new password.
5. The Client may request the Seller to delete the User Account by sending an email or using any other accepted form of communication with the Seller, subject to a 14-day notice period, without providing any reason.
6. Deleting the User Account may result in the loss of access to the Products made available within the User Account.
7. The Seller may terminate the agreement for the creation and maintenance of the User Account:
1) for valid reasons, with 14 days’ notice (applies to Clients who are Consumers or Entrepreneurs with consumer rights); valid reasons shall in particular mean a breach of the Terms and Conditions or legal regulations by the Client, as well as actions contrary to good practices;
2) without stating a reason, with immediate effect (applies to Clients who are neither Consumers nor Entrepreneurs with consumer rights).
§14 DETAILED PROVISIONS REGARDING ENTREPRENEURS
1. The provisions set out in this section apply to Entrepreneurs who are not Entrepreneurs with consumer rights.
2. The court competent to resolve any disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur with consumer rights shall be the court having jurisdiction over the Seller’s registered office.
3. The Parties exclude the Seller’s liability under the statutory warranty for non-conformity of the Goods with the Agreement or for physical defects, with respect to Entrepreneurs who are not Entrepreneurs with consumer rights.
4. The Seller has the right to terminate the agreement with immediate effect in relation to an Entrepreneur who is not an Entrepreneur with consumer rights. For this purpose, the Seller shall send the Entrepreneur a termination notice to their email address or correspondence address. The Entrepreneur waives any claims in this respect.
5. The Seller shall not be liable for lost profits in relation to Entrepreneurs who are not Entrepreneurs with consumer rights.
§15 USER-GENERATED CONTENT
Prohibited User Content
1. Users are prohibited from uploading Content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or otherwise violates these Terms and Conditions.
2. The term “illegal Content” refers to illegal content, products, services, and activities.
3. Users must not upload Content that:
1) is of a terrorist nature;
2) violates the law or good morals;
3) constitutes SPAM or is repeatedly published on the Service without justified purpose;
4) is offensive, contains expressions considered hate speech, threats, incitement to or glorification of violence, harassment, racism, discrimination, or defamation;
5) infringes or restricts third-party rights, particularly the right to privacy, image rights, data protection rights, trademarks, or copyright;
6) serves to conduct competing activities or constitutes an act of unfair competition;
7) constitutes unauthorized advertising, promotion, or marketing activities;
8) serve to conduct activities prohibited by law, such as financial fraud;
9) promotes fascist or other totalitarian regimes;
10) defames or insults any person;
11) infringes on the personal rights of any individual;
12) includes vulgar or otherwise offensive content;
13) insults religious feelings.
4. The Seller is not liable for User Content posted on the Service, provided that:
1) the Seller has no actual knowledge of illegal activity or illegal User Content, or, in the case of claims for damages, is not aware of facts or circumstances that clearly indicate illegal activity or illegal User Content; or
2) the Seller acts expeditiously to remove or disable access to illegal User Content or otherwise limits its visibility or monetization upon obtaining such knowledge or notice.
5. The Seller is obliged to notify the appropriate authorities if the User might have committed, is committing, or may commit a crime that threatens the life or safety of an individual(s), and to provide all available information regarding the matter.
Moderation of User Content
6. The Seller may verify User Content at any time.
7. The Seller performs verification with due diligence, objectively and proportionally, and with due consideration of the rights and legitimate interests of all parties involved, including the fundamental rights of recipients such as freedom of expression, media freedom and pluralism, and other fundamental rights.
8. Verification may be ex-ante or ex-post, i.e., before or after publication of the Content, depending on the type of User Content and available functionalities.
9. If User Content is found to be in breach of the Terms and Conditions, it may be blocked and made invisible to other Users, removed from the Service, or otherwise restricted in visibility. Monetization of such Content may also be limited.
10. If a User is using the Service in violation of the Terms and Conditions, the Seller may, in addition to removing/blocking the Content or otherwise limiting its visibility and/or monetization, delete the User Account or temporarily or permanently restrict the User’s access to certain functionalities of the Service.
11. The Seller must act with due diligence, objectively, proportionally, and with consideration of all parties’ rights and legitimate interests, including freedom of expression and information and other fundamental rights. The Seller informs the User of their decision, stating the reasons behind it.
12. If any of the above actions are taken, the User concerned may file an appeal in accordance with the provisions of this paragraph [see: Appeals Procedure].
Reporting of User Content
13. Any natural or legal person may report to the Seller the presence of User Content on the Service that such person considers to be illegal content within the meaning of the Digital Services Act (DSA).
14. Reports may be submitted via email to the contact address specified in the introduction to these Terms and Conditions, including by using the form attached as Annex 4 to the Terms and Conditions.
15. The report referred to above should contain:
1) a reasoned explanation of why the reporting person considers the User Content to be non-compliant with the Terms and Conditions;
2) an exact electronic location of the information, such as the precise URL and any additional information allowing identification of the User Content, depending on the type of User Content and the specific hosting service involved;
3) the full name or the name of the entity and email address of the natural or legal person submitting the report, except in the case of reports concerning content related to any of the criminal offences referred to in Articles 3–7 of Directive 2011/93/EU;
4) a statement confirming the good faith belief of the reporting person that the information and allegations contained in the report are accurate and complete.
16. The report should allow the identification of the reporting person; however, such identification is not mandatory unless necessary to determine whether the Content in question constitutes potentially illegal Content.
17. As soon as the notice referred to in paragraph 1 is received, the Seller shall send the User an acknowledgment of receipt via electronic means to the email address provided, provided that the notice contains contact information enabling such confirmation.
18. If the report is incomplete or contains errors preventing its consideration, the Seller may request that the reporting person supplement or correct the report, especially if it concerns, among others, confirmation of rights that are allegedly being infringed. Failure to supplement or correct the report within 14 days from the Seller’s request may result in the report being disregarded.
19. The Seller shall verify the reported User Content promptly, and no later than 14 days after receipt of a complete report, unless, due to the nature of the illegal Content or urgency (e.g. threat to life or safety), earlier verification is required.
20. The Seller shall perform the verification with due diligence.
21. The purpose of the reporting and verification process of the Content is to remove or disable access to information considered to be illegal Content, provided that such actions do not result in a disproportionate infringement of other Users’ freedom of expression and information.
22. During the verification process, the Seller may block the User Content, making it invisible to other Users, or take other actions described in this section.
23. Following verification, the Seller may permanently suspend or delete the User Content for breaching the Terms and Conditions, limit its visibility or monetization, or conclude that it does not violate the Terms and Conditions. If the User Content was previously blocked and the verification confirms no breach, it shall be unblocked.
24. Following the actions mentioned above, the Seller shall promptly inform both the reporting person and the User who posted the Content, providing justification for its decision.
25. If any of the above-mentioned actions are taken, or not taken, the User who posted the Content or the reporting person may file an appeal in accordance with this paragraph [cf. Appeals Procedure].
26. If, for technical or operational reasons, the Seller is unable to remove the reported Content, the Seller shall inform the reporting person accordingly.
27. The appeal shall be considered by the Seller. Appeals shall not be processed using automated means.
Appeals Procedure
28. In the following cases:
a) the Seller did not block or remove the User Content or restrict its visibility, despite a report submitted by another User or third party;
b) the User Content was blocked, removed or had its visibility restricted contrary to the Terms and Conditions;
c) the Seller made a decision to suspend or terminate the provision of the service, in whole or in part;
d) the Seller decided to suspend or close the User Account;
e) the Seller decided to suspend, terminate or otherwise restrict the monetization of the Content,
the User who posted the Content or the reporting person may file an appeal.
29. Each decision of the Seller referred to above must include a justification sufficient to allow for an appeal, unless there are legal grounds for withholding such justification. The justification must meet the requirements set out in the Digital Services Act (DSA) and include such information as:
a) an indication of whether the decision involves the removal of the User’s Content, disabling access to it, demotion or limitation of its visibility, suspension or termination of monetary payments related to such User Content, or the imposition of other measures referred to in the Terms and Conditions with respect to that Content; and, where applicable, the territorial scope of the decision and its duration;
b) the facts and circumstances on which the decision is based, including whether the decision was taken based on a report submitted by another User or third party, or based on voluntary checks conducted on the Seller’s own initiative, and, if strictly necessary, the identity of the reporting party;
c) where applicable, information about the use of automated means in making the decision, including whether the Content was detected or identified using such means;
d) if the decision concerns potentially illegal User Content, the legal basis for the decision and explanation of why the User Content is considered illegal;
e) If the decision is based on an alleged incompatibility of the information with the terms and conditions of service, an indication of the contractual basis for the decision and an explanation of the reasons why the information is considered to be incompatible with that basis;
f) clear and user-friendly information about the appeal options available to the User or the reporting person.
30. Appeals may be submitted: a) electronically, to the following email address: maryla@swedishness.se b) by post, to the following address: Maryla Denka, ul. Husarii 29, 02-951 Warsaw, Poland.
31. The appeal must include the necessary information for its assessment, including, among others, the identity and contact details of the appealing User and a detailed justification indicating the inaccuracies in the Seller’s decision.
32. The Seller shall promptly confirm receipt of the appeal via email to the address provided.
33. The appeal shall be reviewed within 14 days of its submission.
34. If the appeal provides sufficient grounds to find the Seller’s decision incorrect or unjustified, the Seller shall promptly revoke the decision.
35. The appeal shall be reviewed by the Seller or under the supervision of the Seller’s staff.
§16 FINAL PROVISIONS
1. During the period of force majeure, the Parties shall be released from any liability for non-performance or improper performance of the agreement, provided that the circumstances constituting force majeure prevent the fulfilment of contractual obligations. This applies also to the period directly preceding or following the force majeure event, insofar as its effects continue to prevent performance of the agreement.
2. “Force majeure” shall mean an accidental or natural event that is completely beyond the control and will of the Parties, which could not have been foreseen and the effects of which could not have been prevented, in particular such events as: flood, burglary, war, act of terrorism, or declaration of a state of emergency.
3. If the Client is located outside the Seller’s country of establishment, they shall inform the Seller of their place of residence or registered office in order to allow proper tax settlement in accordance with applicable tax legislation.
4. While using the Products, it is prohibited to provide unlawful content or to act in a manner that is contrary to applicable laws, good morals, or that infringes the personal rights of third parties.
5. Amicable dispute resolution and complaint handling. The Consumer has the right to:
1) request the permanent consumer arbitration court to resolve a dispute arising from the concluded agreement;
2) request the provincial inspector of the Trade Inspection to initiate mediation proceedings in order to reach an amicable settlement of the dispute between the Client and the Seller;
3) contact a district (municipal) consumer ombudsman or a consumer protection organization whose statutory tasks include consumer assistance, to seek support in matters relating to the agreement.
6. The Seller reserves the right to amend the Terms and Conditions for valid reasons, in particular due to changes in the law that require adjustments to the content of these Terms and Conditions, including changes to the Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, or in accordance with decisions issued by the President of the Office of Competition and Consumer Protection (UOKiK), the President of the Personal Data Protection Office (PUODO), or binding court judgments — to the extent necessary to comply with such decisions or rulings. Amendments may also result from significant changes in business conditions, provided there is a causal link between those changes and the cost of providing services by the Seller.
7. Agreements concluded before the entry into force of the amended Terms and Conditions shall be governed by the version of the Terms and Conditions that was in force on the date of conclusion of the agreement by the Client.
8. The governing law is Polish law, subject to paragraph 10.
9. The competent court is the competent Polish court, subject to paragraph 10.
10. In the case of a Client who is a consumer, the provisions of these Terms and Conditions shall not deprive the consumer of protection granted by the mandatory provisions of the law of the country of their habitual residence. If such provisions cannot be derogated from by agreement and are more favourable to the consumer, they shall apply to the contract concluded between the Client and the Seller.
11. The rules concerning the processing of personal data are set out in the Privacy Policy. 12. These Terms and Conditions shall enter into force on 20 July 2025.
Annex No. 1 to the Terms and Conditions
INFORMATION ON THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT
You have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period expires after 14 days from the day of the conclusion of the agreement (in the case of service agreements) / or from the day on which you, or a third party indicated by you (other than the carrier), took physical possession of the goods / or, in the case of goods delivered in multiple lots or pieces — from the day on which you, or a third party indicated by you (other than the carrier), took physical possession of the last lot or piece. In the case of agreements for regular delivery of goods during a defined period of time — from the day on which you, or a third party indicated by you (other than the carrier), took physical possession of the first good.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this agreement by means of an unequivocal statement (e.g. a letter sent by post or email).
Our contact details are as follows: Maryla Denka, Husarii 29, 02-951 Warsaw, Poland, maryla@swedishness.se, +48 885510763.
You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this agreement, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Please send back or hand over the product to us without undue delay and in any event not later than 14 days from the day on which you communicated your withdrawal from this agreement to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
If you requested the commencement of the provision of services before the expiry of the withdrawal period, you shall pay us an amount proportionate to the services provided up to the time you informed us of your decision to withdraw from this agreement.
Annex No. 2
Our contact details: Maryla Denka, ul.Husarii 29, 02-951 Warszawa, Polska, maryla@swedishness.se, +48 885510763.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the agreement.)
I hereby withdraw from the agreement concluded on (date) * … concerning*/regarding*…..
Full name and address of the Client* … Signature*… (only if this form is submitted on paper)
Date: …………………………………………………
* to be completed
Annex No. 3
Our contact details: Maryla Denka, ul.Husarii 29, 02-951 Warszawa, Polska, maryla@swedishness.se, +48 885510763.
COMPLAINT FORM
(Please complete this form if you wish to submit a complaint regarding the non-conformity of the Product with the Agreement.)
Order number: _________ Order date: ____
Product concerned: _____________
I hereby inform you that the product I purchased is not in conformity with the agreement.
The non-conformity consists of: _____________
The non-conformity was identified on (date): _______________
Based on the above, I request: _____________ (please specify the remedy you seek).
Full name and address of the Client* … Signature*… (only if this form is submitted on paper)
Date: ………………….
* to be completed
Annex No. 4
If you have identified illegal content, you may report it in accordance with the terms of our Terms and Conditions.
The controller of the personal data provided in this form is Maryla Denka (operating under the brand: Swedishness), NIP 9512455754, REGON 369494772, entered in the Central Registration and Information on Business (CEIDG) maintained by the minister competent for economic affairs, contact address: Husarii 29, 02-951 Warsaw, Poland. The personal data is processed for the purpose of handling the notification, pursuant to Article 6(1)(c) of the GDPR in connection with Article 16 of the DSA, in accordance with the Privacy Policy.
NOTICE OF ILLEGAL CONTENT CONCERNING USER CONTENT
Date: ………………………
Notifying party’s details: ……………………………………………
Email address: ……………………………………………………..
This report of illegal content concerns User Content that (please check as appropriate):
- has a terrorist character;
- is contrary to law or public decency;
- is considered SPAM or is repeatedly published on the Platform without a legitimate purpose;
- is offensive, includes content considered as hate speech or threats, incites or promotes violence, constitutes harassment, racism, discrimination, defamation;
- infringes or restricts the rights of third parties, in particular the right to privacy, image rights, data protection rights, trademarks or copyright;
- serves a competing business activity or constitutes an act of unfair competition;
- is used for unauthorized advertising, promotional or marketing purposes;
- serves to carry out activities prohibited by law, such as financial fraud;
- promotes a fascist or other totalitarian regime;
- defames or insults any person;
- violates the personality rights of any person;
- contains vulgar or otherwise offensive content;
- offends religious beliefs.
Other circumstances justifying the classification of the content as illegal:
……………………………………………………………………………………………………………………
The illegal content is located at the following (please indicate a specific URL):
……………………………………………………………………………………………………………………
Additional information or clarification regarding the illegal Content (please indicate any relevant information / circumstances / data that may help us assess the matter here):
……………………………………………………………………………………………………
Statement of the Notifying Party:
I declare that this notice is submitted in good faith and in the sincere belief that the information and allegations contained herein are accurate and complete (Article 16(2)(d) of the Digital Services Act).
…………………..
Signature of the Notifying Party
(if applicable)
