ONLINE STORE TERMS AND CONDITIONS
Applies to purchases made via https://www.anahatatantra.com/shop, https://www.anahatatantra.com/pl/sklep, and services (excluding rituals) listed at https://www.anahatatantra.com/pl/praktyki/
Effective as of November 28, 2023
I - Definitions
- Online Store – available at https://www.anahatatantra.com/shop and https://www.anahatatantra.com/pl/sklep, through which the Buyer can purchase Products and Services offered in the Store.
- Seller – Sergio Lo Porto conducting business under the name Life Consulting Sergio Lo Porto, al. Jana Pawła II 43A/37B, 01-001 Warsaw, Poland, VAT ID: 5222841056.
- Online Store Terms and Conditions – these terms of service provided electronically, defining the rules for using the Online Store.
- Privacy Policy – a document describing the purposes and methods of data processing and the rights of individuals whose data is processed.
- Consumer – an adult natural person with full legal capacity who purchases from the Seller for purposes not directly related to their business or professional activity.
- Client – an adult natural person with legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, purchasing from the Seller in connection with their business or professional activity.
- Client-Consumer – an adult natural person making a purchase from the Seller that is related to their business activity but is not of a professional nature, based on the nature of their business as listed in the Central Registration and Information on Business (CEIDG).
- Buyer – includes any Consumer, Client, or Client-Consumer.
- Data Controller – the entity that determines the purposes and means of personal data processing. The Data Controller for Buyers’ data is the Seller.
- Order – a declaration of intent made by the Buyer to enter into a contract with the Seller by completing and submitting the electronic purchase form available on the Store's website, including reading and accepting the Online Store Terms and Conditions.
- Goods – all physical products available in the Store, including books, brochures, and cards.
- Product, such as:
- Electronic file, including e-books – a file containing readable content, available for download after payment is received by the Seller. An electronic file may be an e-book or other document in electronic form not stored on a physical medium, particularly in .PDF, .EPUB, .MOBI, .MP4, .MP3 formats. Each file in the Store includes information on its format.
- Online consultation – a conversation conducted via electronic means (phone, webinar, or video conferencing tools). The duration and scope of the consultation are specified before purchase in the product description.
- Warranty for defects – a legal process by which the Buyer can hold the Seller responsible for physical (non-conforming with the contract) or legal defects in the purchased Product.
- Guarantee – a voluntary statement about the quality of Goods made by the Guarantor. It outlines the Guarantor’s obligations and the Buyer’s rights if the goods do not have the properties specified in the guarantee statement.
- Guarantor – the entrepreneur who issued the guarantee, such as the manufacturer, importer, distributor, or the Seller.
- Newsletter – a service provided electronically by the Seller, consisting of sending marketing information to the Buyer’s email address, subject to prior consent.
- Service (Practice) – intangible services available on the website https://www.anahatatantra.com/pl/praktyki/, which are not digital or physical goods. These include individual or group practices performed by the Seller as described on the indicated webpage, excluding rituals, which are subject to a separate “mission terms” document.
II - General Provisions
- All prices provided by the Seller are in Polish zloty (PLN) or Euro (EUR) and include VAT.
- The Seller is a VAT payer.
- The Seller issues VAT invoices or receipts.
- The Seller commits to delivering Products and Goods free of defects.
- The Buyer is obligated to use the Products and Goods offered by the Seller in accordance with the laws in force in the Republic of Poland, the provisions of these Terms and Conditions, and not to submit content prohibited by applicable law.
- Delivery of Files, Online Courses, and/or the performance of Consultations is carried out via the Internet.
- All Goods offered by the Seller in the Store are new.
- The Buyer is obligated to review the technical requirements necessary to use the Services, as outlined later in the Terms and Conditions (Technical Requirements).
III – Payment Methods
- The Seller provides the following payment methods:
Online payment – advance payment via bank transfer or debit/credit card through the external payment system Przelewy24, operated by PAYPRO S.A., Company Address: ul. Pastelowa 8, 60-198 Poznań, Poland, VAT ID: 779-236-98-87.
In person payment - for services
IV – Conclusion of the Sales Agreement
- To order a Product via the Online Store, the Buyer must visit the Store’s website, select a File, Online Course, Online Consultation, or Goods, and follow the instructions provided on the site.
- To place an Order, the Buyer must complete the following steps:
- Add the selected Product or Goods to the shopping cart by clicking the "Order" button.
- Fill in the order form with required information such as full name.
- Provide an email address to which access to the File, Online Course, or Online Consultation will be assigned, and confirm the order and payment.
- Provide billing information if an invoice is requested, including other necessary details such as VAT ID and the business name for which the invoice should be issued.
- Choose a payment method.
- Accept the Online Store Terms and Conditions.
- Accept the Store’s Privacy Policy.
- Confirm the intention to conclude the contract by clicking the "Place Order" button or a similarly labeled option.
- After all required data is entered, an order summary will be displayed.
- The order submitted by the Buyer constitutes a declaration of intent to enter into a sales agreement with the Seller in accordance with these Terms and Conditions.
- Once the Order is placed, the Buyer will receive an email confirming the Order, which constitutes the Seller’s acceptance of the Buyer’s offer. The sales agreement is considered concluded when the Buyer receives confirmation of the completed and paid Order, and once payment has been received by the Seller. If payment is not received, the agreement is considered not concluded.
V – Order Fulfillment Time by Product Category / Delivery of Goods
- The Seller fulfills Orders for Files and Online Courses within the following timeframes:
- przy płatności online dostęp do wykupionego Pliku lub Kursu online jest przyznawany automatycznie po autoryzacji płatności. Kupujący otrzymuje e-mail z Plikiem do pobrania. Pobranie Pliku i dostęp do Kursu online na Platformie jest nieaktywne do momentu otrzymania płatności przez Sprzedającego,
- In the case of online payment, access to the purchased File or Online Course is granted automatically after payment authorization. The Buyer receives an email with the File for download. The download of the File and access to the Online Course on the Platform remain inactive until the Seller receives the payment.
- The order fulfillment time does not include the delivery time of physical Goods, which depends on the delivery method selected by the Buyer.
- The cost of Goods delivery is disclosed to the Buyer before the Order is submitted.
- The delivery cost is determined by the method chosen by the Buyer.
- Products available in the Store, especially electronic Files, Online Courses, and Online Consultations, are delivered electronically and do not incur additional delivery fees in the Store.
- The delivery of physical Goods is limited to the territory of the Republic of Poland.
- If, upon receiving the Goods, the Buyer notices mechanical damage to the contents of the shipment, missing items, or discrepancies between the contents and the Order, they are entitled to refuse acceptance of the shipment and should immediately inform the Seller of the issue.
- If possible, the Buyer may draw up a damage report in the presence of the Delivery representative (e.g., courier). This may expedite the complaint procedure but is not required to pursue claims.
VI – Right of Withdrawal from the Contract
- The Consumer and the Client-Consumer have the right to withdraw from a distance contract without providing a reason and without incurring any costs.
- Exceptions to the right of withdrawal are outlined in a later section of these Terms and Conditions titled "Exceptions to the Right of Withdrawal."
- The withdrawal period for a distance contract is 14 calendar days from the moment the Consumer or Client-Consumer takes possession of the Product or Goods.
- To meet the withdrawal deadline, it is sufficient to send a withdrawal declaration to the Seller before the 14-day period expires, via email to: sergio[at]sergiosdorje.com.
- The declaration of withdrawal must be sent to the Seller at the email address: sergio[at]sergiosdorje.com.
- The Consumer or Client-Consumer may use the withdrawal form template provided by the Seller or use the model form from Annex 2 of the Polish Consumer Rights Act of May 30, 2014.
- The Consumer or Client-Consumer may also draft their own withdrawal notice, which should include at least the following:
- identifying and contact details,
- the name or symbol of the returned Goods,
- the date the Goods were received,
- the bank account number or another method for the Seller to refund the payment.
- The Seller will promptly send the Consumer or Client-Consumer confirmation of receipt of the withdrawal declaration.
- If the Consumer or Client-Consumer sends the withdrawal declaration by traditional mail, the date of posting is considered for determining whether the 14-day deadline has been met.
- Upon withdrawal, the contract is considered null and void.
VII – Exceptions to the Right of Withdrawal
- In the case of a Product order, if the Consumer or Client-Consumer downloads the File, logs into the Platform, or uses the Online Consultation before the 14-day withdrawal period expires, they forfeit the right to withdraw from the order in accordance with Article 38, point 13 of the Polish Consumer Rights Act of May 30, 2014.
- The right of withdrawal does not apply to Products that have properties specified by the Client in the Order or are clearly personalized (e.g., a book with a dedication for the Client).
- Pursuant to Article 38 of the Polish Consumer Rights Act of May 30, 2014, the Consumer and Client-Consumer are not entitled to withdraw from the contract in the following cases:
- for the provision of services if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed prior to the performance that they would lose the right to withdraw once the service was completed;
- when the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur’s control, which may occur before the withdrawal deadline;
- when the subject of the service is a non-prefabricated item made to the consumer’s specifications or intended to meet their individual needs;
- when the item is perishable or has a short shelf life;
- when the item is delivered in sealed packaging and, for health or hygiene reasons, cannot be returned after opening if the packaging was opened after delivery;
- when the items are inseparably mixed with other items after delivery due to their nature;
- when the items are alcoholic beverages whose price was agreed upon at the time of the sales contract, and delivery may occur only after 30 days, with the value subject to market fluctuations beyond the entrepreneur’s control;
- when the consumer expressly requested the entrepreneur to come to them to perform urgent repair or maintenance work; if the entrepreneur also provides additional services not requested by the consumer or delivers items other than necessary replacement parts, the right of withdrawal applies only to those additional services or goods;
- when the items delivered are audio or video recordings or computer software in sealed packaging that was opened after delivery;
- for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
- contracts concluded at a public auction;
- for services related to accommodation (not for residential purposes), transport of goods, car rental, catering, or leisure services if the contract specifies a specific date or period of performance;
- for the delivery of digital content not supplied on a tangible medium if performance began with the consumer's express consent before the withdrawal period expired and after being informed of the loss of the right to withdraw.
VIII – Refunds and Return of Goods
- The Seller will refund any payments made by the Consumer or Client-Consumer within 14 days from the receipt of the withdrawal declaration, using the same payment method originally used by the Consumer or Client-Consumer, unless they agree to a different refund method.
- The Seller may withhold the refund until the returned Goods have been received or until the Consumer or Client-Consumer provides proof of having sent back the Goods, whichever occurs first.
- The Consumer or Client-Consumer should return the Goods without undue delay, and no later than 14 days from the date of withdrawal from the contract. Returns should be sent to the Seller’s registered office address.
- The Consumer or Client-Consumer is responsible for any reduction in the value of the Goods resulting from use beyond what is necessary to establish their nature, characteristics, and functioning. In other words, until the Goods are returned, the Client is liable for any damage, destruction, or other devaluation of the Goods.
- To be eligible for a refund, the Client or Client-Consumer must also return the original receipt (Paragon) received with the Goods to the Seller.
IX – Refund of Delivery Costs to the Consumer/Client-Consumer
- The Consumer or Client-Consumer does not bear the cost of the refund, except for the standard costs of returning the Goods to the Seller.
- Standard return costs borne by the Consumer or Client-Consumer include, in particular, packaging and postage costs for sending the Goods back to the Seller.
- The Seller will refund the Consumer or Client-Consumer the cost of delivery of the Goods to them, calculated as the least expensive standard delivery method available in the Seller’s offer.
- The Seller is not obligated to refund delivery costs to the Consumer or Client-Consumer in the following cases:
- The Seller delivered the Goods with free shipping, e.g., after exceeding a specified order value set by the Seller or as part of a promotional campaign;
- The Consumer or Client-Consumer returns only part of the ordered Goods, and the delivery cost was calculated for the entire order, not per item.
X – Complaint Procedure Based on Warranty for Defects
- The Consumer or Client-Consumer has the right to file a complaint under the warranty for defects within 2 years from the date the Product or Goods were delivered, in connection with a discovered physical defect (non-compliance with the contract) or legal defect.
- The Consumer or Client-Consumer may submit a claim under the warranty within one year from the date the defect was discovered.
- All complaints from Buyers should be submitted in writing or via the Seller’s email address.
- The Seller will review the complaint within 14 days from the date of receipt and will send a response to the email or mailing address provided by the Consumer or Client-Consumer.
- The complaint should include at minimum:
- Full name, address, and postal code;
- The name of the purchased Product;
- A description of the complaint;
- The date the defect in the Product was discovered;
- Proof of purchase from the Seller (depending on the circumstances, this may include one of the following: receipt, order number, payment confirmation, or the order confirmation email sent by the Seller).
- The Seller will process the complaint promptly, no later than within 14 days of receipt, and will send a response to the address provided by the Consumer or Client-Consumer (including email address).
- The Seller will reimburse the Consumer or Client-Consumer for the cost of returning the defective Goods, promptly after the complaint is accepted under the warranty for defects.
XI – Personal Data Protection
- The Seller is the controller of personal data provided during the use of the Online Store.
- The principles of data processing and the rights of Buyers in accordance with the General Data Protection Regulation (GDPR) are described in the Privacy Policy available at:
- https://www.anahatatantra.com/pl/polityka-prywatnosci/
- The Privacy Policy governs the processing of data related to:
- placing and fulfilling Orders in the Online Store;
- the Buyer’s subscription to the newsletter;
- the Buyer’s communication with the Seller via the contact form, as well as by phone or email to the direct contact addresses listed on the Store’s website.
- The purposes and scope of data processing, the entities to whom the data may be transferred, and the rights of data subjects are all described in the Privacy Policy.
XII – Technical Requirements for Using the Store and Its Products and Services
- To use the Online Store and its Products and Services, the Buyer must have:
- urządzenia z dostępem do Internetu (komputer, tablet, telefon);
- odpowiednio skonfigurowana przeglądarka internetowa obsługująca pliki typu cookies – Edge, Opera, Firefox, Safari, Google Chrome, która zapewnia obsługę plików cookie oraz skryptów Javascript. Dopuszczalne jest stosowanie innych wersji przeglądarek internetowych, ale zazwyczaj działają dobrze tylko najnowsze wersje przeglądarek.
- aktywne i odpowiednio skonfigurowane konto poczty e-mail, umożliwiające odbieranie wiadomości pocztowych przez Kupującego.
- a device with Internet access (computer, tablet, or phone);
- a properly configured web browser that supports cookies – such as Edge, Opera, Firefox, Safari, or Google Chrome – with enabled support for cookies and JavaScript. Other browser versions may be used, but the most recent versions generally provide the best compatibility;
- an active and properly configured email account that allows the Buyer to receive emails.
- For safe use of the Store and its Products and Services, it is recommended that the Buyer's device includes:
- up-to-date antivirus software;
- an effective firewall;
- the latest available security updates for the operating system and web browser;
- cookies and JavaScript enabled in the browser;
- software capable of reading files in .PDF format and, depending on the type of Product, also formats such as .EPUB, .MOBI, .docs, .xls, or .mp4.
- The Buyer is obligated to use the Products and Services offered by the Seller in accordance with the laws of the Republic of Poland, the provisions of these Online Store Terms and Conditions, and not to submit content that is prohibited under applicable law.
- The Seller is not responsible for the Buyer’s failure to meet the technical requirements necessary for cooperation with the ICT system used by the Store. This includes, in particular, situations where the Buyer improperly configures or fails to configure their email account, causing email communication to fail between the Buyer and the Seller.
XIII – Provision of Services (Practices)
- The services ("Practices") offered by the Seller are available on the website: https://www.anahatatantra.com/pl/praktyki/, excluding rituals, which are governed by a separate "mission terms" document.
- These services are intangible and are personally provided by the Seller at dates and locations individually agreed upon with the Buyer.
- Service reservations are made via the contact form available at https://www.anahatatantra.com/pl/kontakt/. Submitting the form does not constitute the conclusion of a contract. The contract is concluded once the reservation is confirmed by the Seller.
- The terms regarding the price, location, duration, and scope of the service are agreed upon individually and confirmed prior to delivery. Prices are listed in Polish zloty (PLN) and include VAT.
- In case the Seller cancels or reschedules the service, the Buyer will be promptly informed via email, phone, SMS, or WhatsApp, and will be given the option to select a new date or receive a full refund.
- The Buyer who is a Consumer or Client-Consumer has the right to withdraw from a distance contract for the provision of services within 14 days from the date of its conclusion, unless the service began with their explicit consent before the withdrawal period expired (in accordance with Article 38, point 1 of the Polish Consumer Rights Act of May 30, 2014).
- If the Buyer does not withdraw within the allowed time and fails to appear at the scheduled session without notifying the Seller at least 24 hours in advance, the service fee will not be refunded.
XIV - Newsletter
- The Buyer may subscribe to the Seller’s Newsletter during the ordering process or independently of it.
- The Newsletter consists of the Seller sending marketing information electronically to the email address provided by the Buyer, with the Buyer’s prior consent.
- To successfully subscribe to the Newsletter, the Buyer must correctly provide an email address for receiving communications and confirm the subscription.
- Subscription confirmation takes place after registration and requires the Buyer to log in to the provided email account and click the activation link included in the confirmation email.
- The Buyer may withdraw their consent at any time using the unsubscribe option available in every marketing message sent by the Seller.
- The Buyer may also contact the Seller directly to withdraw consent to receive the Newsletter at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
XV – Copyright and Intellectual Property Rights
- Exclusive rights to content made available within the Store—including copyright to images, names, trademarks of the Store, as well as associated graphic elements, software, and database rights—are protected by law and belong to the Seller or third parties with whom the Seller has entered into appropriate agreements. Copying or otherwise using any elements of the Store without the Seller’s permission is strictly prohibited.
- Purchasing a File or Online Course does not transfer any economic or moral copyright to the Buyer. The Buyer may use the content solely for personal use.
- If a Buyer or any person violates the economic copyright or intellectual property rights related to images, names, trademarks, graphical elements, software, or databases owned by the Seller, such person will be held liable in accordance with applicable copyright and intellectual property law.
- Each proven case of infringement of economic copyrights or intangible rights for which the Seller is the sole rights holder entitles the Seller to impose a contractual penalty on the individual infringer in the amount of PLN 20,000.
- In particular, the Buyer is not allowed to:
- Remove protections or markings placed on the File or Online Course;
- Reproduce or distribute the File or Online Course, either in print or electronically;
- Share the File or Online Course with others, whether in printed or digital form;
- Rent or lend the File or Online Course in any format;
- Modify or interfere with the content or structure of the File or Online Course.
XVI – ODR Platform
- The ODR Platform (Online Dispute Resolution) is an interactive website for Consumers and Sellers who wish to resolve disputes out of court.
- The ODR Platform is available at:
- https://ec.europa.eu/consumers/odr/main/icfm?event=main.home.show&lng=PL
- Through the ODR Platform, a Consumer residing in the EU, Norway, Iceland, or Liechtenstein can file a complaint regarding goods or services purchased online from a Seller based in the EU, Norway, Iceland, or Liechtenstein.
- Submitting a complaint involves filling out an online form and selecting the appropriate entity to handle the dispute resolution.
- All institutions listed on the platform have been verified to ensure they meet the applicable legal requirements and are registered by national authorities. In Poland, the competent authority is the Office of Competition and Consumer Protection (UOKiK).
XVII – Final Provisions
- In matters not regulated by these Online Store Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code.
- The competent court for resolving disputes arising from a sales contract shall be the court with jurisdiction over the Seller’s registered office. However, the Consumer also has the right to bring a claim under the provisions on alternative jurisdiction.
- The place of performance is, in particular, the designated location to which the Seller is obliged to deliver the Product or Goods in accordance with the contract.
- The Consumer also has the right to submit the dispute to an entity authorized to conduct out-of-court consumer dispute resolution proceedings in accordance with the Act on Out-of-Court Consumer Dispute Resolution (Journal of Laws 2016, item 1823, dated November 9, 2016), without prejudice to the right to bring an action before a common court.
- Buyers may access these Online Store Terms and Conditions free of charge at any time via the Store’s website and may print them out.
- These Online Store Terms and Conditions shall enter into force on the day they are published on the Seller’s website.
- The Seller reserves the right to amend these Terms and Conditions.
- The new or amended Terms and Conditions shall come into effect 14 days after being published on the Seller’s website.