TERMS AND CONDITIONS

§1

GENERAL PROVISIONS

These Terms of Service take effect on January 25, 2025.

The owner of the website www.sabatconsulting.com is Sabat Consulting S.C., located at Piłsudskiego Street 14/4, 33-100 Tarnów, Tax Identification Number (NIP): 8732822326, National Business Registry Number (REGON): 851788360.

The website www.sabatconsulting.com operates according to the principles outlined in these Terms and Conditions.

These terms outline the conditions for entering and terminating Product Sales Agreements and the associated complaint procedures. Customers are required to comply with these Terms and Conditions from the moment they begin using the Electronic Services offered by the website www.sabatconsulting.com.

In matters not covered by these Terms and Conditions, the provisions of the following Polish laws shall apply:

• The Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),

• The Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827),

• The Act on Out-of-Court Settlement of Consumer Disputes of September 23, 2016 (Journal of Laws 2016, item 1823),

• The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended),

• and other applicable Polish laws.

 

§2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

• CONTACT FORM—This form is available on the website www.sabatconsulting.com and allows users to send messages to the Service Provider.

• ORDER FORM – A form on the website www.sabatconsulting.com that enables customers to place orders.

• PRODUCT – The specific service or item offered for sale on the Website, which forms the basis of the Sales Agreement between the Customer and the Seller.

• CUSTOMER – A customer who intends to enter or has entered into a Sales Agreement with the Seller.

• CONSUMER – A natural person who engages in a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

• LICENSE – A license agreement within the meaning of Chapter 5 of the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws No. 24, item 83).

• TERMS AND CONDITIONS – These are the terms and conditions of the Service.

• SERVICE – The Service Provider's Website operates at www.sabatconsulting.com.

• SELLER, SERVICE PROVIDER – Jan Sabat and Dorota Sabat conducting business activities as a civil partnership under the business name Sabat Consulting S.C., registered in the Central Register of Business Activity and Information of the Republic of Poland maintained by the Minister responsible for the economy, place of business, and address for delivery: Józefa Piłsudskiego Street 14/4, 33-100 Tarnów, NIP: 8732822326, REGON: 851788360, email address: jan@sabatconsulting.pl, telephone number: +48 502 146 443.

• SALES AGREEMENT – An agreement for the sale of a Product concluded between the Customer and the Seller through the Website.

• ELECTRONIC SERVICE – Services provided electronically by the Service Provider to the Customer through the Website.

• SERVICE USER – A natural person, legal person, or organizational unit without legal personality to which the Act grants legal capacity, using the Electronic Service.

• ORDER: The Customer's declaration of intent constitutes an offer to conclude a Product Sales Agreement with the Seller.

 

§3

INFORMATION ABOUT PRODUCTS AND ORDERING

The website www.sabatconsulting.com conducts the sale of its products via the Internet.

Products offered on the Website are free from physical and legal defects and have been legally introduced to the market.

Products offered by www.sabatconsulting.com:

1. "Get Lean" Simulation Game Set – The first product available on the website. This set includes building blocks and auxiliary materials for conducting simulations. The set is shipped in physical form and is non-returnable due to copyright reasons. Purchasing this set grants the user unlimited access to the simulation for use within the purchasing company. Copying the game is strictly prohibited.

2. VOD Courses – The second type of product offered by the website. When a customer purchases a course, they receive lifetime access to replay it unlimited times. In the event of a return, the customer is entitled to a refund within 14 days from the purchase date, provided that the course has not been viewed for more than 20% of its total duration—an automated system on the website www.sabatconsulting.com

Orders can be placed:

• Through the Website using the Order Form (Service www.sabatconsulting.com) - 24 hours a day, year-round.

A condition for placing an Order on the Website is that the Customer has read and accepted the Terms and Conditions when placing the Order.

The Service processes Orders from Monday to Friday during the Service Provider's working hours, which are from 9:00 AM to 5:00 PM on working days. Orders placed on working days after 5:00 PM, on Saturdays, Sundays, and holidays will be processed on the next working day.

 

§4

CONCLUSION OF THE SALES AGREEMENT

To conclude a Sales Agreement, the Customer must place an Order through the means provided by the Seller, as per §3.

The Seller shall immediately confirm receipt of the Order after it is placed.

Only the confirmation of acceptance of the Order for execution binds the Customer to their Order. Confirmation of receipt and acceptance of the Order for execution shall take place by sending an email.

The confirmation of acceptance of the Order for execution includes:

• Proof of all essential elements of the Order.

Upon receipt by the Customer of the email referred to in §4, a Sales Agreement is concluded between the Customer and the Seller.

Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which will be sent electronically to the Customer's email address provided in the Order Form within three working days from the date of completion of the training.

 

§5

METHODS OF PAYMENT

The Seller provides the following payment methods:

• Payment via PayPal

• Payment via Bank Transfer

In the case of payment via electronic payment services, the Customer makes the payment before the Order is processed. Electronic payment services allow payment by credit card or bank transfer.

The Seller has the right to restrict available payment methods for non-consumers, including requiring prepayment of part or all the sales price, regardless of the payment method selected by the Customer and the existence of a Sales Agreement.

 

§6

SHIPPING COSTS FOR THE PRODUCT

After placing the Order, the "Get Lean" simulation game is shipped to the Customer via EMS Pocztex courier. The shipping costs are:

• To Poland - 8 USD

• Within Europe - 50 USD

• To North America - 80 USD

• To South America - 80 USD

• To Africa - 80 USD

• To Asia - 120 USD

• To Australia - 130 USD

The product is delivered to the Customer within 2 to 4 weeks.

 

§7

CONCLUSION OF THE LICENSE AGREEMENT

The subject of the License is the rights to use the Product within the scope described in this paragraph.

The Product is exclusively licensed and not sold.

The Service Provider created the Product and is the sole and exclusive entity entitled to grant the License for the Product.

The Service Provider retains exclusive copyrights in the Product to the fullest extent, with no limitations in favor of third parties.

Using the Product constitutes acceptance of its License.

After the Sales Agreement, the Service Provider grants the Customer a paid, perpetual, and non-exclusive license to use the Product independently and repeatedly within the company that made the purchase.

The customer must use the product solely for their own purposes and those of their enterprise, in line with its intended use.

The Customer may not:

• Use the Product for profit-making or commercial purposes,

• Distribute the Product,

• Use the Product for illegal purposes.

The Service Provider does not permit any dissemination, modification, transmission, printing, duplication, or public reproduction of materials obtained under the License.

If the license provisions described in this paragraph are violated, the Service Provider will ask the Customer to stop the violation. If the deadline set by the Service Provider passes without compliance, the Service Provider will have the right to immediately terminate the License Agreement.

In the event of the Service Provider immediately terminating the License Agreement, the Customer is obliged to immediately cease using the Product and return the materials received under the License. Continued use of the Product is equivalent to a breach of the License, and the Customer is obliged to compensate for the resulting damage.

 

§8

PRODUCT COMPLAINTS

Warranty Complaint.

The basis and scope of the Seller's liability towards the Customer, who is a Consumer, regarding the warranty covering physical and legal defects, are outlined in the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended). The Seller's warranty liability is excluded for Customers who are not Consumers.

If you find a defect related to the Product and want to file an appropriate request, you can email jan@sabatconsulting.pl or write to Sabat Consulting S.C., Józefa Piłsudskiego Street 14/4, 33-100 Tarnów, Poland.

In written or electronic messages, please include as much information and context regarding the complaint as possible, especially the type and date of the irregularity, along with your contact details. The information you provide will greatly assist and speed up the Seller's response to the complaint.

The Seller shall respond to the Customer's request immediately, no later than within 14 days from the date of the complaint.

If a Consumer submits a complaint, the Seller must consider it within 14 days of submission, which is equivalent to accepting it. In connection with a justified complaint from a Consumer Customer, the Seller shall cover the costs of collection, delivery, and replacement of the Product with a defect-free one.

The response to the complaint shall be provided to the Consumer on paper or another durable medium.

 

§9

RIGHT TO WITHDRAW FROM THE AGREEMENT

Subject to points 5 - 7 of this paragraph, a customer who is also a Consumer and has entered into a distance agreement may refrain from withdrawing from that agreement without providing reasons by making a statement to that effect within 14 days. To meet this deadline, sending a withdrawal declaration provided by the Service is sufficient.

In the event of withdrawal, the Sales Agreement is not concluded.

The Service Provider shall reimburse the Consumer immediately, and no later than 14 days after receiving the withdrawal declaration, using the same payment method employed by the Consumer, unless the Consumer has expressly agreed to a different reimbursement method that incurs no costs for them.

The fourteen-day period within which the Consumer may withdraw from the contract shall be calculated from the day the Consumer concluded the Sales Agreement.

The right to withdraw from a contract concluded at a distance shall not be granted to the Consumer in the case of an agreement in which the subject of performance is a service if the Service Provider has performed the service in full with the express consent of the Consumer, who was informed before the start of performance that after its implementation by the Service Provider, the Consumer will lose the right to withdraw from the contract.

If the Consumer exercises the right of withdrawal after requesting the performance of the service, the Consumer shall be obliged to pay for the services performed until the withdrawal.

The payment amount will be calculated in proportion to the level of performance, considering the contractually agreed-upon price or remuneration.

The Seller and the Customer (Consumer) can withdraw from the Sales Agreement if one party fails to meet its obligations within the specified timeframe.

The Seller has the right to withdraw from the Sales Agreement concluded with a non-consumer Customer within 14 business days of its conclusion. In this case, the withdrawal may take place without giving any reason and does not give rise to any claims against the Seller.

Additionally, customers who have purchased a VOD course are entitled to a refund within 14 days from the date of purchase if they have not viewed more than 20% of the course's total duration. The amount of the course viewed is verified by an automatic system located on the website www.sabatconsulting.com.

 

§10

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables the use of Electronic Services via the Website, such as:

• Concluding Product Sales Agreements,

• Using the Contact Form.

Providing Electronic Services to Service Recipients on the Website occurs under the terms and conditions set out in these Terms and Conditions.

The Service Provider has the right to place advertisements on the Website, as they are essential to the Website and its content.

 

§11

TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

Providing the Electronic Services specified in §12 of these Terms and Conditions by the Service Provider is free of charge.

The period for which the agreement is concluded:

• The contract for providing Electronic Services, which includes the ability to submit an Order on the Website, is established for a fixed duration. It terminates either when the Order is submitted or upon its completion by the Customer.

• The agreement to provide Electronic Services through the Registration Form is for a specific duration. It ends upon the submission of the application or the Customer's discontinuation of this Service.

• The agreement to provide Electronic Services using the Contact Form is concluded for a definite period. It is terminated when the Customer sends the message or discontinues using this Service.

Technical requirements necessary to work with the ICT system used by the Service Provider:

• A computer (or mobile device) with access to the Internet,

• Access to electronic mail,

• A web browser,

• Enabled Cookies and Javascript in the web browser.

The Customer must utilize the Website in a manner that aligns with legal standards and best practices, keeping in mind the respect for the personal and intellectual property rights of third parties.

The User is obliged to enter factually correct information.

The Customer is prohibited from providing unlawful content.

 

§12

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

The Customer may file complaints about the provision of Electronic Services via the Website via email to the following address: jan@sabatconsulting.pl.

In the email mentioned above, please provide as much information and context about the complaint as possible, particularly the type and date of the irregularity and your contact details. This information will greatly assist the service provider in speeding up its consideration of the complaint.

The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.

The Service Provider's response to the complaint will be sent to the Customer's email address listed in the complaint notification or through any other method specified by the Customer.

 

§13

INTELLECTUAL PROPERTY

All content posted on the Website at www.sabatconsulting.com is protected by copyright and (subject to elements used under license, transfer of copyright, or permitted use) is the property of Jan Sabat and Dorota Sabat conducting business activities as a civil partnership under the name Sabat Consulting S.C., located at Józefa Piłsudskiego Street 14/4, 33-100 Tarnów, NIP: 8732822326, REGON: 851788360. The Customer is fully liable for any damage caused to the Service Provider resulting from using any content of the website www.sabatconsulting.com without the consent of the Service Provider.

Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the website www.sabatconsulting.com constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.

The Service Provider reserves all copyrights to the training materials and prohibits their distribution, copying, and reproduction without written consent.

All materials created during the Training and made public by the Service Provider may be stored and printed exclusively for private, non-commercial use, with the source of the materials indicated.

The Service Provider must provide written consent for using materials created during and for the Training for commercial purposes or any purposes beyond private use.

 

§14

FINAL PROVISIONS

Agreements concluded through the Service are governed by Polish law.

If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.

Any disputes arising from Sales Agreements between the website and Consumers will be resolved through negotiations aimed at settling the issue amicably, in accordance with the Act on Out-of-Court Settlement of Consumer Disputes. However, if this approach is not feasible or satisfactory for either party, disputes will be settled by the appropriate common court, as outlined in this paragraph.

Judicial Resolution of Disputes:

Any disputes arising between the Service Provider and the Customer, who is also a Consumer, shall be submitted to the competent courts according to the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).

Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer shall be submitted to the court having jurisdiction over the Service Provider's registered office.

A customer who is a consumer also has the right to use alternative dispute resolution methods, especially by submitting an application for mediation or requesting that an arbitration court consider the case after the complaint process has concluded (the application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at provincial trade inspection authorities is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also seek free assistance from a county or municipal consumer ombudsperson, or from a social organization whose statutory duties include consumer protection. The out-of-court resolution of disputes after the complaint process incurs no fees.

To resolve a dispute amicably, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform, available at http://ec.europa.eu/consumers/odr/.

 

END OF TERMS AND CONDITIONS

 

Additional Information:

These Terms and Conditions have been prepared in compliance with applicable laws, including the Act on the Provision of Electronic Services of July 18, 2002, the Consumer Rights Act of May 30, 2014, the Act on Out-of-Court Settlement of Consumer Disputes of September 23, 2016, the Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

We encourage Customers to review our Terms and Conditions regularly to stay informed about any changes.

 

Contact Information:

If you have any questions or concerns about these Terms and Conditions, please get in touch with us at:

• Email: jan@sabatconsulting.pl

• Address: Jan Sabat, Józefa Piłsudskiego Street 14/4, 33-100 Tarnów, Poland

• Phone: +48 502 146 443

Date of Last Update: January 25, 2025