Terms and Conditions of Use of the tooly.pl Website

1. GENERAL INFORMATION, DEFINITIONS

  1. These Terms and Conditions set out the rules for using the tooly.pl website operated by Volha Shyshkova, conducting business activity under the name Volha Shyshkova, entered in the Central Register and Information on Business Activity, ul. Puławska nr 77, lok. U5, 02-595 Warszawa, Poland, VAT No. 5242959832, e-mail: olga.shyshkova.jdg@gmail.com.

Using the tooly.pl website and purchasing digital Products constitutes acceptance of these Terms and Conditions, the Privacy Policy, and acknowledgement that the content offered by the Seller is informational and analytical in nature and may not be treated as specialist advice or a recommendation.

Digital Products are generated automatically on the basis of data provided by the Customer and an interpretive model established by the Seller. The Owner does not verify the accuracy or completeness of input data.

  1. The terms used in these Terms and Conditions have the following meanings:
    1. Customer — a natural person with full legal capacity, a legal person or an organisational unit without legal personality, placing Orders and purchasing Products in the Store;
    2. Product — a digital Product (e.g. a PDF file) available in the Store, intended solely for personal use. It does not constitute specialist advice.
    3. Terms and Conditions — these Terms and Conditions, available at tooly.pl/regulamin;
    4. Store — the website available at tooly.pl, through which the Customer places Orders for the purchase of Products;
    5. Sales Agreement — a sales agreement for Products concluded between the Owner and the Customer using the Store’s website;
    6. Owner — Volha Shyshkova, conducting business activity under the name Volha Shyshkova, entered in the Central Register and Information on Business Activity, ul. Puławska 77/U5, 02-595 Warszawa, Poland, VAT No. 5242959832, e-mail: olga.shyshkova.jdg@gmail.com, conducting sales through the Store;
    7. Order — a declaration of intent by the Customer aimed at concluding a Sales Agreement, constituting an offer to conclude a sales agreement, specifying in particular the type and quantity of the Product.
  2. Materials used for the presentation of products, i.e.: photographs, descriptions and others, are part of the Store, constitute the property of its Owner and are protected by copyright. Their use for commercial purposes or presentation in any media without the Owner’s consent is prohibited.
  3. Prices for Products are displayed at the time of purchase in the applicable currency.

2. USE OF THE STORE

  1. In order to place an Order on the Store’s website, the Customer shall select Products by performing successive technical steps based on the messages displayed to the Customer and the information contained on the Store’s website.
  2. In order to purchase Products, the Customer collects them in the so-called shopping cart. The cart is an element of the Store where the Customer transfers Products they intend to purchase. At any time, the Customer may view the contents of the cart, add or remove Products, and also proceed directly to the Order placement process.
  3. During the Order process, the Customer specifies the details of the Order such as: e-mail address, invoice details, payment method and others.
  4. Customer registration in the Store is optional and enables the saving of contact details and order history for the convenience of placing subsequent orders.
  5. Electronic products (e.g. PDF files) are available after payment of the order — without the need to create an account.
  6. In the case of registration, the Customer is required to provide a unique password known only to themselves. Login credentials are secured with an appropriate encryption protocol.
  7. The Customer is responsible for not disclosing their password to third parties and bears all possible financial and legal consequences of such disclosure.

3. PLACING AN ORDER

  1. Orders for Products are accepted exclusively electronically by placing an Order using the Store’s website or by e-mail to the address olga.shyshkova.jdg@gmail.com.
  2. A prerequisite for placing an Order is the correct completion of the Order form. An Order with an incorrectly completed form may not be fulfilled.
  3. When completing the form, the Customer is obliged to provide correct personal data, e-mail address, contact telephone number, exact residential address and delivery address (if required and different from the residential address).
  4. The provided e-mail address and contact telephone number may be used solely for contact during the order fulfilment process, unless the Customer consents to contact for other purposes (e.g. newsletter).
  5. Before accepting the Order, the Customer will be informed of:
    1. the total price or remuneration for the Product including taxes, as well as transport, delivery, postal service and other charges,
    2. the possibility of familiarising themselves with the Terms and Conditions and the Privacy Policy of the Store,
    3. the possibility of accepting the marketing consents of the Store Owner (if applicable).
  6. The Customer expresses their intention to conclude a Sales Agreement by pressing the “Make a purchase” button or equivalent.
  7. Placing an order is not equivalent to concluding a Sales Agreement, but constitutes the submission of an offer to conclude such an agreement.
  8. The Sales Agreement is concluded at the moment the Order is accepted for fulfilment by the Owner, of which the Customer is informed by an e-mail confirming the purchase.
  9. Order fulfilment begins at the moment the transfer is credited to the Owner’s bank account or by another payment operator.
  10. In the event of unavailability of some of the Products covered by the order, the Customer will be informed of the order status and will decide on the manner of its fulfilment (partial fulfilment or cancellation of the entire order).
  11. A limited number of Products is designated for promotional sales and clearance sales. Orders are fulfilled in the order in which confirmed orders for those Products are received, until the stock covered by this form of sale is exhausted.

4. PRICES, PAYMENTS AND DELIVERY

  1. All Product prices are displayed at the time of purchase. The price shown next to each Product is binding at the time the Customer places the order.
  2. Payments for BriefBot credits are processed by Paddle.com Market Limited, acting as Merchant of Record. All payment-related disputes, refunds and tax matters are handled directly by Paddle in accordance with their terms of service available at paddle.com.
  3. The digital Product (PDF file) is available immediately upon payment. The download link is automatically sent to the e-mail address provided when placing the order.
  4. Proof of purchase (invoice) will be delivered electronically to the Customer’s e-mail address within 24 hours of the payment being credited.
  5. In accordance with Article 38(13) of the Consumer Rights Act, the right to withdraw from the agreement does not apply in the case of the supply of digital Products that are not stored on a tangible medium, if the performance of the service began with the consumer’s express consent before the expiry of the withdrawal period and after informing them of the loss of the right to withdraw from the agreement.

5. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The Customer may withdraw from the Sales Agreement for a Product purchased in the Store without giving a reason within 14 days of receiving it. To meet this deadline, it is sufficient to send a statement of withdrawal to the Store’s registered address or to the e-mail address provided in the Terms and Conditions.
  2. In the event of withdrawal from a Sales Agreement concluded at a distance, the agreement is considered not to have been concluded.
  3. In the event of withdrawal from a concluded Sales Agreement concerning a physical Product, the Customer is obliged to return the Product no later than 14 days from the date on which they withdrew from the agreement.
  4. The Owner guarantees the refund of the price and costs paid by the Customer, including the costs of delivering the sold Products to the Customer. The Customer bears the direct costs of returning the Product.
  5. The Customer is liable for any diminution in the value of the item resulting from use thereof beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
  6. All refunds will be settled by the Owner no later than 14 days from receipt of the statement of withdrawal from the agreement, using the same method of payment as that used by the Customer, unless the Customer has consented to a different method of refund. The refund is not associated with any additional costs. The Owner may withhold the refund of amounts received by the Customer until the Product has been received back or until the consumer has provided proof of its return, whichever occurs first.
  7. In accordance with Article 38(13) of the Consumer Rights Act, the right to withdraw from the agreement does not apply to the Customer in the case of a digital Product whose fulfilment (download or provision) took place immediately upon payment and with the Customer’s express consent and after confirmation of the loss of the right to withdraw from the agreement.

6. LIABILITY FOR DEFECTS

  1. The Owner is obliged to deliver a Product free from defects.
  2. If the received Product is defective, the Customer may, at their own discretion, exercise warranty rights directly with the guarantor (manufacturer or distributor), if the latter has provided a warranty for the Product, or exercise the rights available to them under statutory warranty for defects against the Owner, under the conditions specified in the Civil Code.
  3. In the event of a defect being discovered in the Product, the Customer is entitled to submit a complaint. This right may be exercised within 14 days from the date of delivery of the Product.
  4. Together with the defective Product, a complaint must be submitted specifying the nature of the defect and containing a request for its remedy.
  5. The Owner shall respond to the Customer’s request without delay, no later than within 14 days from the date of receipt from the Customer of the defective product together with the complaint letter.
  6. The Customer will be informed of the outcome of the complaint in the same manner in which the complaint was submitted.
  7. If the Customer’s request is justified, the Owner bears all costs associated with the delivery of the repaired or new defect-free product to the Customer.
  8. In the event of a complaint being upheld, the defective Product will be repaired or replaced with another full-value one. If this is not possible (for example due to stock being exhausted), the Store will refund the equivalent of the Product’s price or reduce the price.

7. TECHNICAL REQUIREMENTS, FUNCTIONALITY AND INTEROPERABILITY OF DIGITAL PRODUCTS, PROVISION OF ELECTRONIC SERVICES

  1. The Owner provides the Customer with an electronic service consisting of enabling the conclusion of an agreement for the supply of electronic and physical Products and the use of certain electronic Products.
  2. It is not necessary to have a Store account in order to conclude a sales agreement.
  3. The provision of the service of access to the Store’s functionalities is free of charge. The acquisition of Products available in the Store is subject to a fee.
  4. In order to place an order and use the Store’s functionalities, as well as to use electronic Products, the following are required:
    1. an active e-mail account (for making purchases in the Store),
    2. a web browser incorporating current updates, with JavaScript support enabled,
    3. cookies support enabled in the browser,
    4. access to the Internet,
    5. installation of applications enabling the reading of PDF files,
    6. the ability to play video materials (for the use of certain electronic Products).
  5. The Store uses cookies in order to ensure security and a high level of customer service. The Customer may at any time independently change the settings regarding cookies — specify the conditions for their storage and access by cookies to their device using the web browser settings or using the service configuration.
  6. The Customer has the right to submit a complaint concerning the functioning of the Store by sending an e-mail to the address olga.shyshkova.jdg@gmail.com.
  7. A response to the complaint will be sent within 14 days of its receipt to the address indicated in the complaint.

8. DIGITAL PRODUCTS

  1. All digital products offered by the Seller are protected by copyright.
  2. The Customer acquires a non-exclusive, non-transferable licence intended solely for personal use.
  3. Copying, sharing with third parties and use for commercial purposes is prohibited.
  4. In accordance with Article 38(13) of the Consumer Rights Act, the right to withdraw from the agreement does not apply in the case of the supply of digital Products that are not stored on a tangible medium, if the performance of the service began with the consumer’s express consent.
  5. Analyses generated within digital Products are informational in nature and are based on a subjective interpretive model created by the Owner. They do not constitute legal, medical, financial or psychological advice. The final interpretation and decisions made on the basis of the content of the Products rest solely with the Customer.
  6. Digital Products available in the Store do not constitute fortune-telling, prophecy or any form of predicting the future. They are the result of the interpretation of input data within an adopted interpretive model, which is not scientific in nature but subjective.
  7. The Owner is not liable for decisions made by the Customer on the basis of the content of a digital Product. The Product is solely informational in nature and does not constitute a recommendation or an obligation to take specific actions.
  8. Products available in the Store are not therapeutic, diagnostic or predictive in nature. They should not be treated as a basis for making financial, health-related, business or life decisions without an independent opinion or consultation with an appropriate specialist.
  9. Digital Products are not tailored to the individual expectations of the Customer, and their content results from the algorithmic processing of input data. The Owner is not liable for whether the Product will meet the Customer’s subjective expectations or will be consistent with their intuition, beliefs or life situation.
  10. Extended Liability and Exclusions Clause The Customer acknowledges that: the content of digital Products is solely informational in nature and does not constitute specialist advice or a guarantee of effectiveness; the digital Product is generated automatically and its availability may require up to 2 minutes after payment approval; the lack of immediate access does not constitute a defect of the Product or improper performance of the agreement; the Consumer, by accepting the Terms and Conditions, confirms the loss of the right to withdraw from the agreement (in accordance with Article 38(13) of the Consumer Rights Act); any attempts to demand a refund after receiving the digital Product (including through external institutions) may be considered an abuse of consumer rights; emotional, personal or ideological expectations do not constitute grounds for a complaint; the message containing the link to the Product is deemed delivered at the moment it is sent to the provided e-mail address, regardless of whether it has been opened by the Customer.
  11. The BriefBot tool operates on a prepaid credit basis. Credits are consumed upon each successful generation of a brief. Credits are non-refundable once used. Unused credits do not expire but are tied to the email address used at the time of purchase. The Owner is not liable for credits lost due to the user providing an incorrect email address.

9. COMPLAINTS

Complaints regarding the functioning of the Store and purchased Products may be submitted by e-mail to the address: olga.shyshkova.jdg@gmail.com

Complaints will be considered within 14 days of their receipt.

10. PERSONAL DATA AND COOKIES

  1. Personal data is collected and processed for the purpose of performing the sales agreement and providing access to electronic Products.
  2. The Store Owner publishes a newsletter which contains, among other things, information about the offer and new Products. The newsletter is sent only to Customers who have expressed a wish to receive it. The Customer may at any time unsubscribe from receiving the newsletter.
  3. The provision of personal data by the Customer is voluntary; however, failure to consent to its processing for the purpose referred to in paragraph 1 will make it impossible to fulfil the Order. Personal data is protected in accordance with applicable law.
  4. Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy.

11. FINAL PROVISIONS

  1. For the avoidance of doubt, it is stated that none of the provisions of these Terms and Conditions limits the rights of the consumer to which they are entitled under the provisions of the law in force in the territory of the Republic of Poland. Should a provision of such nature be identified, the provisions of the law in force in the territory of the Republic of Poland shall apply, and in particular the Civil Code and the Consumer Rights Act.
  2. The Owner indicates that all Products available in the Store are protected by copyright. Further distribution of Products without the consent of their creator constitutes an infringement of copyright and may result in civil and criminal liability.
  3. The resolution of any disputes arising between the Owner and a Customer who is a consumer shall be submitted to the courts having jurisdiction in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, with the Owner permitting the route of mediation proceedings. The Consumer is entitled to refer to the permanent consumer arbitration court operating at the Trade Inspection or to the regional inspector of the Trade Inspection, and may also obtain free assistance in resolving a dispute between a Customer who is a consumer and the Owner, using the free assistance of the district (municipal) consumer ombudsman.
  4. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used for resolving disputes between consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement.
  5. The resolution of any disputes arising between the Owner and a Customer who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Store.
  6. These Terms and Conditions are in force from 12 March 2025.
  7. The Owner reserves the right to amend the Terms and Conditions. All amendments to the Terms and Conditions enter into force on the date indicated by the Store. Orders placed before the date on which the amendments to these Terms and Conditions enter into force are fulfilled on the basis of the provisions in force on the date the order was placed.

ANNEX:

Withdrawal from the agreement — digital products

A Consumer who has concluded a distance contract has the right to withdraw from it without giving a reason within 14 days. In accordance with Article 38(13) of the Consumer Rights Act, the right to withdraw from the agreement does not apply in the case of digital Products delivered immediately upon payment, to which the Consumer consents when placing the order.

Complaints — procedure (summary)

Complaints may be submitted by e-mail to the address: olga.shyshkova.jdg@gmail.com In the submission, please provide the order number, date and description of the problem. Complaints are considered within 14 days of their receipt. The Customer will be informed of the outcome of the complaint in the same form in which the complaint was submitted.