Terms and Conditions of the Flame Studio Online Store
§ 1. Seller and Scope of These Terms and Conditions
1. The online store available at https://www.flamesstudio.com/shop is operated by Artsemi Ryzhankou, a sole trader, NIP: 8992950831, REGON: 524372144, address: ul. marsz. Józefa Piłsudskiego 74/131, 50-020 Wrocław, Poland, hereinafter referred to as the “Seller”.
2. The Seller can be contacted:
a) by email: flame.studio.pl@gmail.com;
b) by telephone: +48 571 414 554;
c) by post at the address specified in paragraph 1.
3. The e-books consist primarily of text, photographs, lighting diagrams, illustrations and instructions.
4. The e-books consist primarily of text, photographs, lighting diagrams, illustrations and instructions.
5. These Terms and Conditions apply only to the sale of e-books and other digital products through the Store.
6. Flame Studio rental, studio reservations and photography services are governed by separate terms and conditions.
§ 2. Definitions
1. Store – the online store available at https://www.flamesstudio.com/shop
2. Buyer – a natural person, legal person or organisational unit without legal personality that places an order in the Store.
3. Consumer – a natural person who enters into an Agreement with the Seller that is not directly related to their business or professional activity.
4. Entrepreneur with Consumer Rights – a natural person who enters into an Agreement directly related to their business activity, where the content of the Agreement indicates that it is not of a professional nature for that person, in particular in light of the subject of their business activity disclosed in CEIDG.
5. E-book, also referred to below as a Digital Product – an original electronic publication in PDF format, consisting primarily of text, lighting diagrams, photographs, illustrations and instructions, delivered to the Buyer electronically through a download link.
6. Agreement – an agreement for the supply of digital content in the form of an e-book, concluded between the Seller and the Buyer through the Store.
§ 3. Products, Prices and Placing Orders
1. Each Digital Product page specifies:
a) the product name and description;
b) the type of product: electronic book (e-book), electronic publication in PDF format;
c) the language;
d) the format;
e) the number of pages;
f) the contents;
g) the price;
h) an image representing the product.
2. All prices are stated in Polish zlotys and are gross prices, inclusive of applicable taxes.
3. The price shown in the order summary immediately before payment is the final price of the Digital Product.
4. To place an order, the Buyer: a) selects a Digital Product; b) provides the information necessary to fulfil the order; c) provides a current email address; d) selects one of the payment methods available during checkout; e) accepts these Terms and Conditions; f) clicks the “Order and Pay” button or another button that clearly indicates an obligation to pay.
5. The Buyer must provide accurate and up-to-date information. The Seller is not responsible for a delay in delivering a Digital Product caused by the Buyer providing an incorrect email address.
6. Before placing an order, the Buyer can review and correct the information entered.
7. The Agreement is concluded once the order has been correctly placed and paid for.
8. Confirmation of the order and conclusion of the Agreement is sent to the Buyer’s email address.
§ 4. Payment and Product Delivery
1. Payments in the Store are processed by the external payment provider indicated to the Buyer during checkout.
2. The available payment methods are presented to the Buyer during checkout.
3. The Seller does not receive or store the Buyer’s complete payment card details.
4. The e-book is made available once payment has been confirmed.
5. Once payment has been confirmed, the link or links for downloading the purchased Digital Product are automatically sent to the Buyer’s email address and made available on the order confirmation page. If a link is no longer active, the Buyer may request that the Seller send it again by contacting flame.studio.pl@gmail.com.
6. If the email does not arrive, the Buyer should:
a) check their spam folder;
b) make sure they provided the correct email address;
c) contact the Seller at flame.studio.pl@gmail.com.
7. The Buyer is advised to download the purchased file and save it on their own device.
8. Proof of purchase or an invoice is made available electronically in accordance with applicable law. The sales document describes the product according to its actual nature, for example: E-book “20 Continuous Lighting Diagrams” – electronic publication in PDF format.
§ 5. Technical Requirements
1. To receive and use a Digital Product, the Buyer needs:
a) internet access;
b) a current email address;
c) a device capable of downloading files;
d) software capable of opening PDF files.
2. The e-book is delivered in PDF format through a download link.
3. Detailed information about an e-book’s language, number of pages and contents is provided on the relevant Digital Product page.
4. An e-book is a finished digital publication and does not include individual consultations, training or technical assistance unless expressly stated otherwise in the product description.
5. The products are educational. The results achieved using the information provided may depend on the Buyer’s equipment, photography conditions, skills and actions. The Seller does not guarantee identical results in all circumstances.
§ 6. Electronically Supplied Services
1. Through the Store, the Seller provides a free electronic service that enables orders to be placed using an order form.
2. The agreement for the electronic service consisting of access to the order form is concluded when the Buyer begins completing the form and ends when the Buyer places the order or abandons the order process.
3. Users of the Store must not submit unlawful content through the available forms.
4. Complaints concerning the operation of the Store may be sent to flame.studio.pl@gmail.com. The Seller considers a complaint within 14 days of receiving it and sends a response to the complainant’s email address.
§ 7. Licence and Copyright
1. The e-books and other products available in the Store are protected by copyright.
2. After purchase, the Buyer receives a perpetual, non-exclusive licence to use the e-book for their own purposes.
3. One order entitles one Buyer to use the purchased e-book.
4. The Buyer may:
a) download the e-book to their own devices;
b) print it for their own use;
c) apply the knowledge and lighting diagrams during their own photography sessions;
d) apply the knowledge gained when carrying out commercial photography sessions.
5. Without the Seller’s written consent, the Buyer must not:
a) provide the file or download link to other people;
b) publish all or part of the e-book online;
c) share the file in groups, on social media, through messaging services or in cloud storage in a way that gives other people access;
d) resell, rent out or otherwise distribute the e-book;
e) translate, copy or modify the publication to create their own educational materials;
f) remove information identifying the author or copyright holder.
6. The prohibition on distribution applies to the e-book and its contents. It does not apply to photographs independently created by the Buyer using the knowledge gained.
§ 8. Right of Withdrawal from the Agreement
1. A Consumer has the right to withdraw from a distance Agreement within 14 days of its conclusion without giving a reason.
2. A Consumer loses the right to withdraw from the Agreement when delivery of the e-book begins before the end of the 14-day period, provided that the Consumer expressly consented to this in advance, acknowledged the loss of the right of withdrawal and received confirmation of the conclusion of the Agreement.
3. If the conditions specified in paragraph 2 have not been met, the Consumer retains the right to withdraw from the Agreement under the applicable law.
4. An e-book is considered delivered when the Buyer is given access to a link for downloading the purchased file.
5. In the circumstances specified in paragraph 2, once the e-book has been delivered, the price paid is not refundable if the sole reason for cancellation is that the Buyer has changed their mind.
6. The above provision does not limit the Buyer’s right to make a complaint if:
a) the e-book was not delivered;
b) the file received is damaged or cannot be opened;
c) a different product was delivered;
d) the product does not match its description on the website.
7. If the right of withdrawal has not been lost, a notice of withdrawal may be sent:
a) by email to flame.studio.pl@gmail.com;
b) by post to ul. marsz. Józefa Piłsudskiego 74/131, 50-020 Wrocław, Poland.
8. The Consumer may use the withdrawal form in Appendix 1 to these Terms and Conditions, but is not required to do so.
9. The 14-day deadline is met if the notice of withdrawal is sent before the deadline expires.
10. In the event of a valid withdrawal from the Agreement, the Seller refunds the payments received without undue delay and no later than 14 days after receiving the notice of withdrawal. The refund is made using the same payment method used by the Consumer, unless the parties agree on another method that does not involve any additional cost to the Consumer.
11. After withdrawing from the Agreement, the Consumer must stop using the e-book and must not make it available to third parties.
§ 9. Complaints
1. The Seller must deliver an e-book that conforms to its description and the Agreement.
2. The Seller is liable for a lack of conformity of digital content with the Agreement as provided by law.
3. A complaint may be submitted:
a) by email to flame.studio.pl@gmail.com;
b) by post to ul. marsz. Józefa Piłsudskiego 74/131, 50-020 Wrocław, Poland.
4. The Buyer is advised to include the following in a complaint:
a) their full name;
b) the email address used for the purchase;
c) the order number;
d) a description of the problem;
e) the remedy requested.
5. The absence of an order number is not grounds for rejecting a complaint if the order can be identified in another way.
6. The Seller considers a complaint within 14 days of receiving it and sends a response to the Buyer’s email address.
7. If the e-book has not been delivered, the Buyer may request its delivery. If the Seller does not deliver the product without undue delay or within an additional period agreed by the parties, the Buyer may use the remedies available under applicable law.
8. If the e-book does not conform to the Agreement, the Buyer may request that it be brought into conformity. In cases provided for by law, the Buyer may also request a price reduction or withdraw from the Agreement.
9. These Terms and Conditions do not limit consumers’ mandatory rights under Polish law.
§ 10. Personal Data
1. The controller of Buyers’ personal data is Artsemi Ryzhankou.
2. Personal data is processed for the purposes of:
a) receiving and fulfilling orders;
b) processing payments;
c) delivering e-books;
d) issuing accounting and tax documents;
e) handling complaints;
f) complying with legal obligations.
3. Detailed information about the processing of personal data is provided in the Privacy Policy: https://www.flamesstudio.com/polityka-prywatnosci.
§ 11. Final Provisions
1. Agreements are governed by Polish law. This does not deprive a Consumer of the protection afforded by the mandatory laws of the country in which they habitually reside.
2. Provisions of these Terms and Conditions concerning Consumers also apply to Entrepreneurs with Consumer Rights where required by law.
3. A Consumer may use out-of-court methods of resolving complaints and pursuing claims, including:
a) contacting a municipal or district consumer ombudsman;
b) applying for mediation to the competent provincial inspector of the Trade Inspection Authority;
c) referring a dispute to a permanent arbitration court operating at a provincial inspectorate of the Trade Inspection Authority.
4. Information about consumer rights is available at https://uokik.gov.pl.
5. The Seller may amend these Terms and Conditions if there is a change in the law, the operation of the Store, the available payment methods, the method of delivering Digital Products or the Seller’s registration details.
6. Amendments to these Terms and Conditions do not apply to orders placed before the new version takes effect.
7. These Terms and Conditions take effect on the date they are published on the Store website.
APPENDIX 1
MODEL WITHDRAWAL FORM
Complete and return this form only if you wish to withdraw from the Agreement.
To:
Artsemi Ryzhankou
ul. marsz. Józefa Piłsudskiego 74/131
50-020 Wrocław, Poland
Email: flame.studio.pl@gmail.com
I/We hereby give notice that I/we withdraw from the Agreement for the supply of the following digital content:
_____________________________________
Order number:
_____________________________________
Consumer’s full name:
_____________________________________
Consumer’s address:
_____________________________________
Consumer’s signature, if this form is submitted on paper:
_____________________________________
Date:
_____________________________________