Art Oral Terms of Sale for Training Films

Version 0.2.0Effective from [to be completed]

Draft document. This text is not final and may change before publication.

§ 1. General provisions

These terms of sale (hereinafter: “Terms”) set out the rules for the sale and provision of training films by the Seller, the rules for creating and maintaining an Account, and the rules for the provision of services by electronic means by the Seller within the Shop.
The seller and service provider is Adrian Jebara, conducting business activity under the business name “Art Oral Adrian Jebara”, entered in the Centralna Ewidencja i Informacja o Działalności Gospodarczej (CEIDG, Polish Central Register and Information on Business Activity), ul. Namysłowska 6B/84, 03-455 Warszawa, NIP 9141377852 (Polish tax identification number), REGON 302573966 (Polish business statistical number), an active VAT taxpayer, registered as an EU VAT (VAT-UE) taxpayer under number PL9141377852 (hereinafter: “Seller”).
The Seller may be contacted:
1. by email at: support@realperio.online;
2. by post at: ul. Namysłowska 6B/84, 03-455 Warszawa;
3. by telephone at: [to be completed], during the following hours: [to be completed], at the User's operator's standard rates.
These Terms are the terms and conditions referred to in Article 8 of the ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną (Polish Act of 18 July 2002 on the Provision of Services by Electronic Means). The Terms are made available free of charge on every Website, before the contract is concluded, in a manner that allows them to be obtained, reproduced and recorded, in particular by saving or printing.
Communication with the Seller and Buyer support are available in Polish, English or Italian.

§ 2. Definitions

For the purposes of these Terms, the following terms have the meanings given below:

Business Day: any day from Monday to Friday, excluding public holidays in Poland;
Film: digital content in the form of an audiovisual training recording showing a dental procedure, offered in the Shop as a separate product for a one-off fee and made available exclusively by streaming, without the possibility of downloading;
Trailer: a free, publicly available excerpt or summary of a Film, made available without the need to create an Account;
Account: the User's individual account on the Platform, secured with login credentials, through which the User makes purchases and plays purchased Films;
Platform: the Seller's ICT system, comprising the Accounts, the Film catalogue, order and payment handling and the player, shared by all Websites;
Shop: a separate part of a Website, operated by the Seller within the Platform, comprising the Film catalogue, Trailers, registration and login to the Account, placing orders, payments and playback of Films;
Website: a website on which the Shop is made available, i.e. the RealPerio Website or a Partner Website;
RealPerio Website: the website operated entirely by the Seller at realperio.online;
Partner Website: a website operated by a third party (the Partner), within which the Seller operates the Shop under an agreement with the Partner;
Partner: the owner and operator of a Partner Website, identified in the legal information of that website;
User: an adult natural person with full legal capacity who uses the Shop;
Buyer: a User who has placed an order for a Film; where the User makes a purchase on behalf of or for the benefit of a business (in particular by providing that business's details for the invoice), the Buyer for billing purposes is that business, while the right to play the Film is vested exclusively in the User on whose Account the purchase was made;
Consumer: a Buyer who is a consumer within the meaning of Article 22¹ of the Kodeks cywilny (Polish Civil Code);
Sole Trader with Consumer Rights: a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, as follows in particular from the subject of their business activity made available under the provisions on the Centralna Ewidencja i Informacja o Działalności Gospodarczej;
Sales Contract: a contract for the supply of digital content (a Film) for a price, concluded at a distance between the Seller and the Buyer through the Shop;
Electronic Services: the services provided by the Seller by electronic means, as specified in § 4;
Access Period and Minimum Access Period: the periods specified in § 11(2);
Payment Operator: Stripe Payments Europe, Limited, with its registered office in Dublin (Ireland), the payment service provider handling payments in the Shop;
Immediate Supply Statement: the Consumer's statement referred to in § 15(3);
Durable Medium: a material or tool enabling the Buyer to store information addressed personally to them in a way accessible for future reference for a period of time adequate to the purposes of the information, and which allows the unchanged reproduction of the information stored, in particular an email message.

§ 3. Partner Websites and a single Account across multiple Websites

The Seller offers Films on the RealPerio Website and on Partner Websites. On each of these Websites, the only party to the Sales Contract and the only service provider in respect of the Shop is the Seller.
There is a single Account for the entire Platform. The User logs in on each Website with the same login credentials, and a Film purchased on one Website is available on every Website on which that Film is offered. The Seller provides the current list of Websites on which the Account works upon any request sent to support@realperio.online.
The Seller ensures that a purchased Film can be played throughout the Access Period on at least one Website. If a Film ceases to be offered on the Website on which it was purchased, in particular because a Partner Website ceases operation or cooperation with a Partner ends, the Seller ensures that the Film can be played on the RealPerio Website or on another Website and informs the Buyer of this by email, indicating the address at which the Film is available.

Website variant

The Website on which the User is viewing these Terms is a Partner Website. The Shop is operated by the Seller within a website operated by the Partner. Accordingly:
1. the Partner is not a party to the Sales Contract or to the contract for the provision of Electronic Services, does not accept payments for Films and is not liable for the performance of those contracts;
2. the Partner has no access to the data of Users and Buyers processed in the Shop, including Account, order, payment and playback data; the controller of this data is the Seller;
3. complaints, requests and questions concerning the Account, orders, payments and Films should be addressed to the Seller at the contact details indicated in § 1(3);
4. the use of other parts of the Partner Website (in particular informational content, contact forms and the Partner's services) is governed by the rules set by the Partner, and the Seller is not responsible for such content and services;
5. on bank or card statements, the payment is identified by the Seller's name (“ART ORAL”).

§ 4. Electronic Services

Within the Shop, the Seller provides the following Electronic Services free of charge:
1. browsing the Film catalogue and playing Trailers;
2. maintaining the Account;
3. enabling an order for a Film to be placed;
4. playing purchased Films, including remembering the point at which the User stopped playback;
5. sending information about new Films to the User's email address, if the User has given separate consent to this.
On a Partner Website, the Seller does not provide any services other than those listed in paragraph 1. Other services available on the Partner Website, in particular the contact form and informational content, are provided by the Partner on its own terms.
The contract for the provision of the service of browsing the catalogue and playing Trailers, and on the RealPerio Website also of the services referred to in paragraph 2, is concluded when the User starts using the given service and terminates when the User stops using it (leaves the Website or sends the message).
The contract for maintaining the Account is concluded for an indefinite period when the Account is created. The rules for its termination are set out in § 21.
The contract for sending information about new Films is concluded when consent is given and terminates when consent is withdrawn. Consent may be withdrawn at any time in the Account settings, via the link included in each such message or by a message sent to support@realperio.online.
The User is prohibited from providing unlawful content, in particular via the forms available in the Shop.

§ 5. Technical requirements and risks

The following are necessary to use the Shop and play Films:
1. a device with Internet access (computer, tablet or smartphone);
2. an up-to-date web browser supporting HTML5, JavaScript, cookies and browser local storage, and the Encrypted Media Extensions (EME), in particular current versions of Chrome, Edge, Firefox or Safari;
3. an Internet connection with bandwidth sufficient for streaming video, with at least 5 Mb/s recommended for HD quality;
4. an active email address;
5. for Google login: a Google account and permission for the Website to open pop-up windows.
The Seller does not guarantee playback of Films in browsers with disabled or modified EME mechanisms, in browsers with extensions that block the player, or on external devices and screens that do not support the required content protection.
Films may be played only in the Shop's player and only by streaming. The Shop does not allow Films to be downloaded or played without Internet access.
Specific risks associated with the use of services provided by electronic means include, in particular, malware, attempts to obtain login credentials by deception (phishing) and Account takeover resulting from disclosure of the password. The Seller never asks for a password by email or by telephone. The use of a unique password and up-to-date security software is recommended.
Information on the technical protection measures for Films that affect their functionality is set out in § 13.

§ 6. Account

Creating and maintaining an Account is free of charge. Purchasing and playing Films requires an Account. Playing Trailers does not require an Account.
An Account may be created:
1. by providing a first name and surname, an email address and a password; in this case the Seller sends a message to confirm the email address;
2. via a Google account (Google login);
3. using a one-time login link sent to the email address provided.
One email address corresponds to one Account, regardless of the login method and of the Website on which the Account was created.
The conditions for creating an Account are:
1. acceptance of the Terms;
2. a declaration that the User practises as a dentist or in another medical profession, or is a student of dentistry, and that the Films are intended for their professional or educational use (hereinafter: “Professional Declaration”).
On some Websites, the User may provide their licence to practise number. Providing the number is voluntary and is not a condition for creating an Account or making a purchase.
The User is responsible for the accuracy of the data provided and of the Professional Declaration. Making a false Professional Declaration constitutes a breach of the Terms.
The Account is personal and non-transferable. The User must keep their login credentials confidential and must not share the Account or the login credentials with other persons, even free of charge and even within a single healthcare entity or university.
On shared devices, the User should use the “shared computer” option, which limits remembering the login to the current browser session, and should log out after finishing.
The User shall notify the Seller without delay of any suspected unauthorised access to the Account.

§ 7. Nature of the Films

The Films are the Seller's own materials, produced with the participation of the doctors performing the procedures shown. The Films concern in particular periodontology, implantology and oral surgery and are intended for dentists, dental students and medical staff.
The Films show real procedures performed on patients who have consented to their recording and dissemination. The image and data of patients are anonymised in the Films. The Films contain realistic images of surgical procedures, including bleeding and interventions on tissue.
The Films are solely for training and illustrative purposes. In particular:
1. they do not constitute medical advice or recommendations for the treatment of a specific patient;
2. they show the techniques used by the doctor performing the procedure in the circumstances of the given clinical case and do not replace the User's knowledge, experience or own clinical judgement;
3. they do not constitute accredited training or a form of continuing professional development within the meaning of the ustawa o zawodach lekarza i lekarza dentysty (Polish Act on the Professions of Physician and Dentist); neither purchasing nor watching a Film entitles the User to a certificate, attestation or educational credits, including ECM or CE credits.
Before purchase, the Film page shows in particular: the title, description and subject matter, duration, the language of the soundtrack and of any subtitles, the price and the Trailer.
Films marked as “coming soon” are presented for information only and cannot be ordered.

§ 8. Prices

Film prices are shown on the Film page in Polish zloty (PLN), euro (EUR) or US dollars (USD), depending on the Website and on the currency selected by the User, if the Website allows a choice of currency.
Prices are gross prices, i.e. they include value added tax. For transactions taxed in Poland, tax is charged at the rate of 23%. If, under VAT legislation, the transaction is taxable in another country or is subject to settlement by the purchaser (reverse charge), the amount of tax is determined in accordance with that legislation.
The binding amount is the amount payable shown in the Payment Operator's payment form immediately before the payment is confirmed, comprising the price including tax. The Seller does not charge any additional fees for the supply of the Film. Any currency conversion costs charged by the Buyer's card issuer or bank are borne by the Buyer in accordance with the Buyer's agreement with that entity.
Prices are not personalised on the basis of automated decision-making.
The Seller may make discount codes available, to be entered in the payment form. The terms of a code are set out in the communication in which the code was made available.
Whenever a price reduction for a Film is announced, the Seller also states the lowest price of that Film in the given currency applied during the 30 days before the reduction was introduced.

§ 9. Ordering and conclusion of the Sales Contract

To place an order, the User:
1. logs in to the Account;
2. selects the Film and, if the Website allows it, the currency;
3. makes the Immediate Supply Statement by ticking the checkbox containing its text (§ 15(3));
4. is redirected to the Payment Operator's payment form, where the User provides billing details (first name and surname, address) and, optionally, a business name and NIP or EU VAT number for the invoice, chooses a payment method, may enter a discount code, and then confirms the payment by clicking the button labelled “Pay” or with equivalent wording, which constitutes placing an order with an obligation to pay.
The payment form remains valid for approximately 30 minutes. After this time, the unpaid order expires and the User may place it again.
The Sales Contract is concluded when the payment is booked by the Payment Operator. Immediately after the Sales Contract is concluded, the Seller sends to the Account email address a confirmation of the contract on a Durable Medium, including in particular: the identification of the Film, the price, the date, the order identifier, a link to the Terms with an indication of their version, and the text of the Immediate Supply Statement together with the version of that text and the time it was made.
If the payment is not booked, in particular if it is declined by the Payment Operator, the Sales Contract is not concluded, and the Seller informs the User of this by email.
It is not possible to order again a Film to which the User already has active access.

§ 10. Payments

Payments are handled by the Payment Operator. Depending on the currency and availability, the following methods are available in particular: payment cards, BLIK, Przelewy24, Apple Pay, Google Pay and Link. BLIK and Przelewy24 are available only for payments in PLN. The current list of methods is shown in the payment form.
The price is payable in advance, as a single payment, in full.
Payments by card, Apple Pay, Google Pay and Link are usually booked immediately. Booking of BLIK and Przelewy24 payments may in some cases take up to several hours; until the payment is booked, the order has pending status and access to the Film is not granted.
The Seller does not receive or store payment card data or online banking authentication data; such data is processed exclusively by the Payment Operator.
Refunds, in the cases provided for in the Terms or by law, are made using the same payment method as was used by the Buyer, unless the Buyer has expressly agreed to another refund method that does not involve any costs for the Buyer.

§ 11. Supply of the Film and Access Period

The Film is supplied by granting access to the Film in the Buyer's Account, automatically and immediately after the payment is booked, usually within a few minutes. The Film is available in the Account tab containing purchased Films.
Access to the Film is unlimited in time, which means that it lasts for the entire period during which the Platform is operated by the Seller or the Seller's legal successor (hereinafter: “Access Period”), but not less than [to be completed] years from the date of conclusion of the Sales Contract (hereinafter: “Minimum Access Period”), subject to § 14, § 18, § 21 and § 22.
Access does not require a subscription or any additional fees.
The Seller makes efforts to ensure that the Shop is available continuously. The Seller may carry out maintenance work and updates, where possible during hours of lowest traffic; the Seller announces planned interruptions longer than 12 hours on the Websites in advance. If interruptions in access to Films last in total more than 7 days in a calendar year, the Minimum Access Period is extended by the duration of the interruptions exceeding that limit.
Termination of the operation of the Platform is governed by § 22.

§ 12. Licence and rules for using Films

The Films, Trailers, their descriptions, titles, graphics and the layout of the Shop are protected under the ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (Polish Act of 4 February 1994 on Copyright and Related Rights). The party entitled to dispose of them within the scope covered by the Terms is the Seller.
When access is granted, the Seller grants the Buyer a non-exclusive, non-transferable and non-sublicensable licence to play the Film in the Shop's player during the Access Period, solely for the User's own use, for educational purposes and to improve the User's own professional skills.
The following are prohibited in particular:
1. downloading, copying and recording the Film or parts of it, including recording the screen image or sound, taking screenshots for the purpose of disseminating them and filming the screen with another device;
2. public playback of the Film, including during lectures, courses, training sessions, conferences and webinars, even if free of charge;
3. sharing the Film, the Account or the login credentials with other persons, and reselling or renting out access;
4. circumventing, disabling or removing technical protection measures, the watermark or the markings of the Film, including by means of screen capture software or devices;
5. using the Film or parts of it in one's own training materials, publications or on social media;
6. reproducing the Film for the purpose of text and data mining, including the training of artificial intelligence systems; the Seller expressly reserves its rights within the meaning of Article 26³ of the ustawa o prawie autorskim i prawach pokrewnych and does not permit such mining.
The provisions of paragraph 3 do not restrict the permitted use of protected works to the extent that the law does not allow it to be excluded by contract, in particular the right of quotation.

§ 13. Technical protection of Films

To protect the Films against unauthorised copying and dissemination, the Seller applies technical measures that affect the functionality of the Films:
1. the Films are encrypted and played using the video service provider's digital rights management (DRM) system, by means of signed, time-limited playback links; a playback link is valid for up to 2 hours and is renewed automatically while the player is in use;
2. during playback, a moving watermark containing the Account email address and a shortened Account identifier is displayed over the Film image; the Films may also contain a permanent graphic mark of the Seller;
3. a Film may be played simultaneously on no more than 2 (two) devices; a device is a browser on a given piece of hardware, recognised by means of a random identifier stored in the browser's storage; deleting browser data, using a different browser or using private mode results in a new device being recognised;
4. a playback session on a given device remains active until the playback link expires, but no longer than 2 hours from its issue or renewal; closing a browser tab does not end the session immediately, so when attempting playback on a third device the User receives a message that the limit has been exceeded and may try again after one of the sessions has expired;
5. playback is possible only on the Websites; the player does not allow the Film to be shared or downloaded.
The Seller keeps a playback log comprising the Account identifier, email address, Film, Website, device identifier, IP address, browser information (user agent) and the time playback started. The log is kept for 30 days and is used solely to detect Account sharing and other breaches of the Terms. Details are set out in the Platform privacy policy.
The Seller may change the measures referred to in paragraph 1, in particular introduce stronger DRM systems, on the terms set out in § 18, but may not reduce the number of devices below that specified in paragraph 1(3) for Buyers who concluded a Sales Contract before such a change.

§ 14. Breaches of the Terms, suspension and blocking of the Account

In the event of a reasonable suspicion that the User has breached § 6(6) or (7), § 12(3) or § 13, in particular where the playback log indicates that the Account is being used by different persons, the Seller may, depending on the seriousness and recurrence of the breach:
1. send the User a warning by email;
2. end all active sessions of the Account and require a password change;
3. temporarily suspend the ability to play Films, for a period not exceeding 30 days;
4. block the Account and terminate the contract for maintaining the Account, but only in the event of a serious breach (in particular dissemination of a Film, circumvention of protection measures or resale of access) or of a repeated breach after a prior warning or suspension.
The decision to apply a measure referred to in paragraph 1(2) to (4) is taken by a person acting on behalf of the Seller after analysing the circumstances of the case; the Platform's automated mechanisms only flag unusual activity. An automatic refusal of playback on an additional device beyond the limit referred to in § 13(1)(3) does not constitute a measure within the meaning of this §.
The Seller informs the User of the application of a measure by email, indicating the measure, its reason and the underlying facts, and informing the User of the right to appeal.
The User may lodge an appeal within 14 days of receiving the information, by a message sent to support@realperio.online, setting out their explanations. The Seller considers the appeal within 14 days of receiving it and informs the User of the decision by email, together with the reasons for it.
Blocking of the Account and termination of the contract for maintaining the Account in the case referred to in paragraph 1(4) take effect when the time limit for lodging an appeal expires without an appeal having been lodged, or when the decision rejecting the appeal is delivered. Until then, the Seller may maintain the suspension of playback.
If the appeal is upheld, the Seller restores full functionality of the Account without delay, and the Minimum Access Period is extended by the duration of the suspension.
Termination of the contract for maintaining the Account for the reasons referred to in paragraph 1(4) results in the loss of access to purchased Films. In such a case, the price is not refundable, subject to mandatory provisions of law.
The provisions of this § do not exclude the Seller's claims for copyright infringement.

§ 15. Right of withdrawal from the Sales Contract

A Consumer who has concluded a distance contract has, as a rule, the right to withdraw from the contract within 14 days without giving any reason, on the terms of the ustawa z dnia 30 maja 2014 r. o prawach konsumenta (Polish Consumer Rights Act of 30 May 2014).
Pursuant to Article 38(1)(13) of the ustawa o prawach konsumenta, the right of withdrawal does not apply to a contract for the supply of digital content not supplied on a tangible medium for which the Consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the Consumer, who was informed before performance began that after the Seller has performed the Consumer will lose the right to withdraw from the contract and has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 21(1) of that Act.
Due to the immediate supply of the Film, placing an order requires the User to tick a checkbox containing the following statement (text version “2026-10-21”):

I request immediate access to this film (digital content not supplied on a tangible medium) and I acknowledge that, once performance has begun with my express consent, I lose my right to withdraw from the contract within 14 days.

On Websites in other language versions, the statement is displayed in its corresponding wording in Polish or Italian.
Performance begins when access to the Film is granted in the Account (§ 11(1)), regardless of whether the Buyer has started playing the Film.
The Seller records the making of the statement referred to in paragraph 3, together with the version of its text, the time it was made, the IP address and browser information, and repeats its text in the confirmation of the contract sent on a Durable Medium (§ 9(3)).
Paragraphs 1 to 5 and 8 apply accordingly to a Sole Trader with Consumer Rights.
Buyers who are neither Consumers nor Sole Traders with Consumer Rights have no right of withdrawal.
Where the right of withdrawal applies in a given case, the Consumer may submit a statement of withdrawal, in particular using the form set out in Annex 1, by sending it to the Seller's email address or postal address. The Seller refunds the price without delay and in any event no later than 14 days after receiving the statement, and revokes access to the Film.
Notwithstanding paragraphs 1 to 8, the Seller, without being legally obliged to do so, refunds the price at the Buyer's request sent to support@realperio.online within 14 days of conclusion of the Sales Contract, if the full Film has not been started even once on the Buyer's Account. The refund results in revocation of access to the Film. The Seller may refuse such a refund in the case of repeated requests from the same Buyer.

§ 16. Conformity of the Film with the contract and complaints

The Seller is obliged to supply a Film that is in conformity with the Sales Contract. The Seller's liability towards a Consumer and a Sole Trader with Consumer Rights for lack of conformity of the Film with the contract is governed by Chapter 5b of the ustawa o prawach konsumenta. Given the continuous nature of the supply of the Film, the Seller is liable for any lack of conformity that occurred or became apparent during the Access Period.
In the event of lack of conformity of the Film with the contract, the Consumer may require the Film to be brought into conformity with the contract. The Seller may refuse to bring the Film into conformity if this is impossible or would impose disproportionate costs.
The Consumer may make a statement on a price reduction or on termination of the contract if:
1. bringing the Film into conformity with the contract is impossible or would impose disproportionate costs;
2. the Seller has not brought the Film into conformity with the contract within a reasonable time from being notified of the lack of conformity and without undue inconvenience to the Consumer;
3. the lack of conformity persists even though the Seller has attempted to bring the Film into conformity;
4. the lack of conformity is so serious that it justifies a price reduction or termination of the contract without first exercising the remedy referred to in paragraph 2;
5. it is clear from the Seller's statement or from the circumstances that the Seller will not bring the Film into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
The Consumer may not terminate the contract if the lack of conformity of the Film with the contract is minor.
In the event of termination of the contract due to lack of conformity, the Seller refunds the price without delay and in any event no later than 14 days after receiving the statement, and revokes access to the Film, and the Consumer must refrain from using the Film and from making it available to third parties.
The Consumer must cooperate with the Seller to a reasonable extent and using the least intrusive technical means available in order to establish whether the lack of conformity results from the characteristics of the Consumer's digital environment, in particular from failure to meet the requirements set out in § 5.
Complaints concerning Films, orders, payments and Electronic Services, including the functioning of the Account and the player, should be submitted to support@realperio.online or in writing to the Seller's postal address. A complaint should contain the Account email address, the identification of the Film or service, a description of the problem (where possible indicating the browser and device) and the complainant's request. Deficiencies in a complaint do not prevent it from being considered; the Seller may ask for them to be remedied.
The Seller responds to a complaint within 14 days of receiving it, by email to the address from which the complaint was sent or to the Account address. If the Seller does not respond to a Consumer's complaint within that time, the complaint is deemed to have been accepted.
In relation to Buyers who are neither Consumers nor Sole Traders with Consumer Rights, the Seller's liability under the statutory warranty for defects (rękojmia) is excluded; the Seller considers complaints from such Buyers in accordance with paragraphs 7 and 8.
The Seller does not provide any commercial guarantee for the Films and does not apply any code of good practice.

§ 17. Complaints concerning a Partner Website

Complaints concerning parts of a Partner Website other than the Shop are handled by the Partner, on the terms set by the Partner.
A complaint concerning the Shop that is submitted to the Partner by mistake is forwarded by the Partner to the Seller; the time limit referred to in § 16(8) runs from the date of its receipt by the Seller.

§ 18. Changes to Films and removal of a Film

During the Access Period, the Seller may change a Film or the way it is played if there is a valid reason, in particular: improving image or sound quality, adding or correcting chapters and subtitles, further anonymisation of a patient, a change of video service provider, introducing stronger protection measures or the need to comply with legal requirements. The change involves no costs for the Buyer.
The Seller informs the Consumer on a Durable Medium, at least 14 days in advance, of any change that has a significant negative impact on access to or use of the Film, indicating the features and timing of the change and the Consumer's rights. In such a case, the Consumer may terminate the Sales Contract within 30 days of the change being made or of receiving the information, if received later; the Seller then refunds the part of the price corresponding to the unused part of the Minimum Access Period.
If the Seller is obliged to remove a Film by operation of law, by a court ruling or by a decision of an authority, or in order to protect the rights of third parties, in particular if a patient withdraws consent, the Seller informs the Buyer of this and, at the Buyer's choice, either refunds the part of the price corresponding to the unused part of the Minimum Access Period, but no less than 50% of the price, or grants access to another Film of no lower price. If the Film is removed before 12 months have elapsed from conclusion of the Sales Contract, the Seller refunds the full price.

§ 19. Invoices

The Seller issues invoices on the basis of the details provided by the Buyer in the payment form: first name and surname or business name, address and NIP or EU VAT number, if provided.
For a Buyer who is a taxpayer and has provided a NIP, the Seller issues a structured invoice in the Krajowy System e-Faktur (KSeF, Polish National e-Invoicing System), within the time limits laid down in VAT legislation; the invoice is available to the purchaser in KSeF, and its visualisation is also sent to the Account email address.
For a Buyer from another Member State of the European Union who has provided a valid EU VAT number, the Seller issues an invoice bearing the annotation “odwrotne obciążenie” (reverse charge).
A Consumer receives an invoice upon a request submitted to support@realperio.online within 3 months from the end of the month in which payment was made. The confirmation of the contract referred to in § 9(3) is sent to every Buyer irrespective of the invoice.
Invoice details must be provided before the payment is confirmed. Supplementing or changing the details after the purchase, in particular adding a NIP, is possible only to the extent permitted by tax legislation.
The Buyer accepts the sending of invoices and their visualisations in electronic form.

§ 20. Liability

The Seller is not liable for the User's clinical decisions or for the consequences of procedures performed by the User or by other persons using the knowledge presented in the Films. The User applies the techniques presented at their own responsibility, in accordance with current medical knowledge, the principles of professional ethics and their own qualifications.
The Seller is not liable for interruptions or disruptions in playback resulting from the User's failure to meet the technical requirements or from failures of the Internet or of the User's devices, or for the consequences of the User disclosing login credentials to third parties.
In relation to Buyers who are neither Consumers nor Sole Traders with Consumer Rights, the Seller's liability for non-performance or improper performance of the contract is limited to the price paid for the Film to which the claim relates and does not include lost profits; this limitation does not apply to damage caused intentionally.
The provisions of the Terms do not exclude or limit the Seller's liability towards Consumers and Sole Traders with Consumer Rights to the extent that this is not permitted under mandatory provisions of law.

§ 21. Termination of the contract for maintaining the Account and deletion of the Account

The User may terminate the contract for maintaining the Account at any time with immediate effect by deleting the Account in the Account settings (which requires logging in again) or by sending a request to support@realperio.online.
Deletion of the Account is irreversible and results in permanent loss of access to all purchased Films on all Websites. The price of purchased Films is not refundable. Before the Account is deleted, the User receives a warning about these consequences and confirms them.
After the Account is deleted, the Seller deletes the Account data, playback progress, sessions and the User's playback log, and retains order data in pseudonymised form for the period required by tax legislation, on the terms set out in the Platform privacy policy.
The Seller may terminate the contract for maintaining the Account only in the cases referred to in § 14(1)(4) and § 14(5), in paragraph 5 of this § and in § 22.
The Seller may delete an Account in which no Film has been purchased and which has not been logged into for 24 months, after notifying the User by email at least 30 days in advance.

§ 22. Termination of the operation of the Platform

The Seller may cease operating the Platform, informing Users of this by email to the Account address and by a notice on the Websites at least 3 months in advance.
If the Platform ceases to operate before the expiry of the Minimum Access Period of a given Film, the Seller refunds to the Buyer the part of the price corresponding to the unused part of the Minimum Access Period, within 30 days of the date on which the Platform ceases to operate.
The transfer of the Platform to the Seller's legal successor or to an acquirer of the business who assumes the obligations towards Buyers does not constitute termination of the operation of the Platform; the Seller informs Users of such a transfer at least 30 days in advance.

§ 23. Out-of-court complaint and redress procedures

The Consumer may use out-of-court complaint handling and redress procedures; in particular, the Consumer may:
1. apply to the permanent consumer arbitration court (stały polubowny sąd konsumencki) operating at the voivodeship inspector of the Inspekcja Handlowa (Polish Trade Inspection) for resolution of the dispute;
2. apply to the voivodeship inspector of the Inspekcja Handlowa for the initiation of mediation proceedings for the amicable settlement of the dispute;
3. obtain free assistance from the district (municipal) consumer ombudsman (rzecznik konsumentów) or from a non-governmental organisation whose statutory tasks include consumer protection;
4. in cross-border disputes, seek assistance from the European Consumer Centre in the country of the Consumer's residence.
The register of entities authorised to conduct out-of-court consumer dispute resolution proceedings is kept by the President of the Urząd Ochrony Konkurencji i Konsumentów (UOKiK, Polish Office of Competition and Consumer Protection); detailed information is available on the website of that Office.
The use of out-of-court dispute resolution procedures is voluntary for both the Consumer and the Seller. If a Consumer's complaint is not accepted, the Seller, in its response to the complaint, informs the Consumer on a Durable Medium whether it agrees to participate in out-of-court dispute resolution proceedings and indicates the competent entity.

§ 24. Personal data

The controller of the personal data of Users and Buyers processed in the Shop, on all Websites, is the Seller.
The rules for the processing of personal data, including the rights of data subjects, are set out in the Platform privacy policy, available on every Website.

§ 25. Changes to the Terms

The Seller may change the Terms for important reasons, which are:
1. a change in the law, or in its interpretation resulting from a court ruling or a decision of an authority, that affects the content of the Terms;
2. the introduction of new Electronic Services, Shop functions, payment methods or login methods, or changes to existing ones;
3. a change in the technical requirements or in the protection measures for Films;
4. the launch of a new Website or the closure of a Website;
5. the need to remove ambiguities or editorial errors;
6. a change in the Seller's details.
The Seller informs Users of a change to the Terms by email to the Account address and by a notice on the Websites at least 14 days before the change takes effect, providing the text of the amended Terms and indicating the changes.
A User who does not accept the changes may, before they take effect, terminate the contract for maintaining the Account in accordance with § 21(1); the consequences of termination are set out in § 21(2).
A change to the Terms does not affect rights acquired by the Buyer before the date on which the change takes effect. Sales Contracts concluded before that date, in particular as regards the Access Period and the Minimum Access Period, the licence, the price and the rights of the Buyer, are governed by the Terms in the wording in force at the time the contract was concluded, unless the amended Terms are more favourable to the Buyer. Changes to the technical protection of Films are made only on the terms of § 13(3) and § 18.

§ 26. Governing law, jurisdiction and language

Contracts concluded under the Terms are governed by Polish law.
The choice of Polish law does not deprive a Consumer whose habitual residence is in another country of the protection afforded to the Consumer by provisions that cannot be derogated from by agreement under the law of the country of the Consumer's habitual residence.
Disputes with Consumers are resolved by the courts having jurisdiction under the general rules, taking into account the right of a Consumer domiciled in another Member State of the European Union to bring proceedings before a court of that State. Disputes with Buyers who are neither Consumers nor Sole Traders with Consumer Rights are resolved by the court having jurisdiction over the Seller's registered place of business.
The Terms are drawn up in Polish and made available in English and Italian translations. In the event of discrepancies between the language versions, the version in the language in which the contract was concluded applies in relation to the Consumer.

§ 27. Final provisions

The Terms enter into force on [to be completed].
The version of the Terms is indicated in their header. The Seller makes previous versions of the Terms available on request.
Annex 1, the model withdrawal form, forms an integral part of the Terms.

Annex 1. Model withdrawal form

(complete and return this form only if the Consumer wishes to withdraw from the contract and has that right; see § 15)

To: Adrian Jebara, Art Oral Adrian Jebara, ul. Namysłowska 6B/84, 03-455 Warszawa, email: support@realperio.online

I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract for the supply of the following digital content: ..............................

Date of conclusion of the contract: ..............................

Order identifier: ..............................

Name of consumer(s): ..............................

Address of consumer(s): ..............................

Account email address: ..............................

Signature of consumer(s) (only if this form is sent on paper): ..............................

Date: ..............................

(*) Delete as appropriate.