TERMS OF SERVICE PROVISION BY ELECTRONIC WAY BY brilliane.eu

TERMS AND CONDITIONS

BRILLIANE COURSES

1. GENERAL PROVISIONS

  1. These Terms and Conditions govern the use of the online store operated under the Brilliane brand and the purchase of digital products, online courses and, where offered, physical products through the website:
  1. The Seller is:

PATRYCJA MARZEC-MCHITARIAN COMPANY
 NIP: 6912400666
 E-mail: info@brilliane.eu
 Address: Kraków moniuszki 2a/3, 31-513 Kraków

  1. The Seller may offer through the Store, in particular:

    a. online courses and other digital educational products;
    b. downloadable digital materials, such as PDF files, where applicable;
    c. physical products, including dance costumes and costume-related products, if such products are offered for sale at a given time.
  2. These Terms apply to both consumers and business customers. Certain provisions apply only to Consumers and are expressly identified as such.
  3. A Consumer is a natural person who enters into a contract with the Seller for purposes that are predominantly outside that person’s business or professional activity.
  4. A Business Customer is a person or entity purchasing products or services directly in connection with their business or professional activity.

2. DIGITAL PRODUCTS AND ONLINE COURSES

  1. The Store offers digital educational products, including online courses, masterclasses, tutorials and other educational materials.
  2. The exact scope of each course or digital product is described on the relevant product page before purchase.
  3. Depending on the product, digital content may include:
  • video lessons;
  • photographs;
  • PDF files;
  • patterns;
  • instructions;
  • downloadable materials;
  • other educational resources.
  1. The period of access to a particular course or digital product is stated on the relevant product page before purchase.
  2. If no different period is stated on the product page, access is provided for the period specified in the product description.
  3. Access is personal and intended only for the person who purchased the digital product.
  4. The Customer may not:
  • share login credentials;
  • transfer access to another person;
  • sell, sublicense or otherwise transfer access;
  • copy or redistribute the course;
  • record or reproduce course videos for distribution;
  • publish course materials online;
  • distribute PDFs, patterns, photographs or other course materials to third parties;
  • use the course materials to create a competing educational product without the Seller’s written permission.
  1. All course materials, including videos, photographs, graphics, text, instructions, patterns and other educational materials, are protected by copyright and other applicable intellectual property laws.
  2. Purchasing a course does not transfer ownership of the intellectual property rights in the course materials to the Customer.

3. ORDERING DIGITAL PRODUCTS

  1. Digital products may be purchased through the Store using the payment methods made available at checkout.
  2. Before placing an order, the Customer is shown the price of the product and any other applicable costs.
  3. The Customer places an order by completing the checkout process and selecting the button that clearly indicates that placing the order involves an obligation to pay.
  4. The Customer is responsible for providing a correct and active e-mail address.
  5. After successful payment, the Customer receives information necessary to access the purchased digital product at the e-mail address provided during checkout or through the Customer Account, depending on the technical solution used by the Store.
  6. The Seller is not responsible for the Customer’s inability to access the course resulting from:
  • an incorrect e-mail address provided by the Customer;
  • problems with the Customer’s internet connection;
  • incompatible or improperly configured equipment;
  • software or browser problems on the Customer’s device;
  • the Customer sharing or losing access credentials.
  1. If access cannot be provided due to a technical problem attributable to the Seller, the Seller will take reasonable steps to restore access.

4. TECHNICAL REQUIREMENTS

  1. To use the digital products, the Customer generally needs:
  • an internet-connected device;
  • a current web browser;
  • an active e-mail address;
  • sufficient internet bandwidth to stream video content.
  1. Additional technical requirements, if any, will be specified on the relevant product page.
  2. The Customer is responsible for ensuring that their equipment and internet connection meet the requirements necessary to use the purchased product.

5. DIGITAL CONTENT – CONFORMITY WITH THE CONTRACT

  1. The Seller is responsible for ensuring that the digital content supplied to a Consumer conforms to the contract in accordance with applicable consumer protection laws.
  2. The digital product should correspond, in particular, to the description, type, quantity, quality, functionality and other characteristics presented to the Consumer before purchase.
  3. Where applicable, the Seller will provide updates necessary to maintain conformity of the digital content for the period required by applicable law.
  4. If the Customer experiences a problem with the purchased digital content, they should contact the Seller at:

info@brilliane.eu

  1. The Customer should describe the problem and, where possible, provide information or screenshots allowing the Seller to identify the issue.

6. RIGHT OF WITHDRAWAL – DIGITAL CONTENT

  1. A Consumer who enters into a distance contract generally has a statutory 14-day right of withdrawal, unless a statutory exception applies.
  2. Online courses and other digital content supplied electronically, without a physical medium, may fall under the statutory exception where the Consumer:

    a. expressly requests that delivery of the digital content begins before the expiry of the 14-day withdrawal period;
    b. acknowledges that they will lose the right of withdrawal once the delivery of the digital content begins; and
    c. the Seller provides the legally required confirmation of the contract and the Consumer’s relevant statements on a durable medium.
  3. Where these statutory requirements have been properly fulfilled, the Consumer loses the right of withdrawal once the digital content begins to be supplied.
  4. If the required consent and acknowledgement have not been properly obtained, the statutory right of withdrawal may continue to apply.
  5. The Seller will provide the relevant information and obtain the required statement from the Consumer during the checkout process.

7. REFUNDS AND CANCELLATIONS

  1. Refunds will be made where required by applicable law or where the Seller voluntarily agrees to provide a refund.
  2. Nothing in these Terms limits or excludes mandatory consumer rights.
  3. Where a refund is legally due, the Seller will process it within the applicable statutory period.
  4. The Seller is not obliged to provide a refund merely because the Customer has purchased a course and subsequently decided not to use it, except where the Customer has a statutory right to a refund.
  5. Where access to digital content has lawfully begun following the Consumer’s express request and acknowledgement of the loss of the right of withdrawal, the Consumer may not withdraw from the contract on the basis of that statutory withdrawal right.

8. PHYSICAL PRODUCTS

  1. From time to time, the Store may also offer physical products, including dance costumes or other costume-related products.
  2. The availability of physical products is indicated on the relevant product page.
  3. The product page will specify, where applicable:
  • product description;
  • size or dimensions;
  • price;
  • available variants;
  • estimated processing time;
  • shipping method;
  • shipping cost.
  1. The Seller will deliver physical products to the delivery address provided by the Customer during checkout.
  2. Delivery times and shipping costs applicable to a particular order will be displayed before the Customer places the order.
  3. For international orders, the Customer may be responsible for customs duties, import taxes or other charges imposed by the destination country, where applicable.
  4. Such charges are outside the Seller’s control and depend on the laws of the destination country.

9. CUSTOM-MADE PRODUCTS

  1. If the Seller offers products made according to the Customer’s individual specifications or clearly personalised to the Customer’s needs, the statutory right of withdrawal may not apply where the applicable legal requirements for this exception are met.
  2. This exception does not automatically apply to every product described as a “costume”. It applies only where the product meets the legal criteria for a personalised or non-prefabricated product made according to the Consumer’s specifications.
  3. The relevant product page should clearly indicate whether a product is made to individual specifications.

10. COMPLAINTS AND LEGAL GUARANTEES

  1. Consumers have statutory rights in relation to goods that are not in conformity with the contract.
  2. Nothing in these Terms limits the statutory rights of Consumers.
  3. A complaint may be submitted by e-mail to:

info@brilliane.eu

  1. The complaint should include, where possible:
  • the Customer’s name;
  • order number;
  • description of the problem;
  • requested remedy;
  • supporting photographs or other evidence, where relevant.
  1. The Seller will process complaints in accordance with applicable consumer protection laws.
  2. The Customer is not required to report a defect within an artificially shortened period such as two days. The Seller’s current regulation contains such a two-day requirement, and I would remove it.

11. PAYMENTS AND PRICES

  1. Prices are displayed on the relevant product page.
  2. Unless otherwise stated, prices include applicable taxes.
  3. The final price payable by the Customer will be shown before the order is placed.
  4. Available payment methods are displayed during checkout.
  5. The Seller may offer prices in different currencies. Where currency conversion is used, the amount actually charged may depend on the payment provider’s exchange rate or conversion terms.
  6. The Customer may request an invoice where applicable.
  7. Electronic invoices may be sent to the e-mail address provided by the Customer.

12. INTELLECTUAL PROPERTY

  1. All materials available through the Store and courses, including but not limited to:
  • videos;
  • photographs;
  • text;
  • graphics;
  • logos;
  • course structures;
  • educational materials;
  • PDFs;
  • patterns;
  • designs;

are protected by copyright and other intellectual property rights.

  1. Unless expressly permitted by law or by the Seller in writing, the Customer may not reproduce, distribute, publish, sell, sublicense or commercially exploit the materials.
  2. The Customer may use purchased educational materials for their own personal learning and use, subject to the licence and access conditions applicable to the relevant product.
  3. Purchasing a course does not give the Customer the right to reproduce the Seller’s course as their own educational product.

13. NEWSLETTER AND MARKETING COMMUNICATIONS

  1. The Seller may operate a newsletter containing information about:
  • new courses;
  • masterclasses;
  • digital products;
  • physical products;
  • promotions;
  • educational content;
  • Brilliane activities.
  1. Marketing communications sent by e-mail will be sent where the Seller has the required legal basis and, where required, the Customer’s prior consent.
  2. The Customer may withdraw marketing consent at any time by using the unsubscribe link included in marketing e-mails or by contacting the Seller.
  3. Withdrawal of marketing consent does not affect the lawfulness of processing carried out before the withdrawal.
  4. Transactional messages necessary to fulfil a purchase, such as order confirmations, access information, payment information or important service-related communications, are not treated as optional marketing communications.

14. FREE DIGITAL MATERIALS AND LEAD MAGNETS

  1. The Seller may offer free digital materials, including PDF guides, checklists or other educational resources.
  2. Where a Customer requests a free digital material, the Seller may process the Customer’s e-mail address for the purpose of delivering the requested material and managing that request, in accordance with the Privacy Policy.
  3. Receiving a free PDF does not automatically constitute consent to receive marketing communications.
  4. If the Seller wishes to send marketing communications, the Customer will be given a separate and clear option to consent to such communications where consent is required.
  5. Marketing consent must not be hidden inside the general acceptance of the Terms and Conditions.
  6. The Customer may withdraw marketing consent at any time.

15. CUSTOMER ACCOUNT

  1. Where the Store provides Customer Accounts, the Customer may create an account using the registration form.
  2. The Customer must provide accurate information.
  3. The Customer is responsible for keeping login credentials confidential.
  4. The Customer should notify the Seller if they suspect unauthorised access to their account.
  5. The Seller may suspend or terminate an account where this is necessary due to a serious violation of these Terms, applicable law or the security of the Store.

16. ELECTRONIC SERVICES

  1. The Store may provide free electronic services, including:
  • browsing the Store;
  • contact forms;
  • customer accounts;
  • order forms;
  • newsletter subscription;
  • access to purchased digital products.
  1. The Customer may stop using free electronic services at any time.
  2. If the Customer experiences technical problems with the Store, they may contact:

info@brilliane.eu

17. PERSONAL DATA AND PRIVACY

  1. The Seller processes personal data in accordance with applicable data protection laws, including the GDPR.
  2. Detailed information about:
  • the purposes of processing;
  • legal bases;
  • recipients of personal data;
  • retention periods;
  • Customer rights;
  • cookies;
  • marketing communications;

is provided in the separate Privacy Policy and Cookie Policy.

     3. Consent, where required, will be collected separately from the acceptance of these Terms.

  1. The Customer may exercise their rights in accordance with the Privacy Policy and applicable data protection laws.

18. COOKIES

  1. The Store may use cookies and similar technologies.
  2. Cookies may be used for necessary technical functions, preferences, statistics and, where applicable, marketing.
  3. Where required by law, non-essential cookies will only be used after the Customer has made the relevant choice through the cookie consent mechanism.
  4. More information is available in the Cookie Policy.

19. LIABILITY

  1. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.
  2. In particular, nothing in these Terms limits the statutory rights of Consumers.
  3. The Seller is not responsible for problems resulting solely from:
  • the Customer’s equipment;
  • the Customer’s internet connection;
  • incorrect information provided by the Customer;
  • unauthorised sharing of login details;
  • circumstances outside the Seller’s reasonable control.

20. CHANGES TO THE TERMS

  1. The Seller may amend these Terms where there is a valid reason, including:
  • changes in applicable law;
  • changes to the Store;
  • introduction of new products or services;
  • changes to payment or delivery methods;
  • security or technical requirements.
  1. Changes will be published on the Store website.
  2. Changes will not affect rights acquired by Customers before the effective date of the amended Terms, unless mandatory law provides otherwise.

21. GOVERNING LAW AND CONSUMER RIGHTS

  1. Contracts are governed by the laws applicable to the Seller, subject to mandatory consumer protection provisions applicable to Consumers in their country of residence.
  2. Nothing in these Terms deprives Consumers of mandatory rights granted by applicable law.
  3. Consumers may have access to statutory out-of-court dispute resolution mechanisms where applicable.

22. CONTACT

For questions concerning orders, courses, digital products, complaints or other matters relating to the Store, please contact:

PATRYCJA MARZEC-MCHITARIAN COMPANY
 E-mail: info@brilliane.eu