Introduction

These terms and conditions are intended to precisely define the rules for the sale of e-books via the TipGenius.store website. They constitute the legal basis for all online transactions, serving as a contract between the Seller and the Buyer. This document specifically governs the terms of purchase, payment, and delivery of digital products, as well as the withdrawal and complaint procedures. Its scope includes both the sale of e-books and the provision of all electronic services related to the operation of the website, such as access to the platform or the ordering process.

The Seller at TipGenius.store is Michał Dziech, a natural person residing at ul. ks. Piotrowskiego 106, Ujsoły 34-371. Michał Dziech conducts his business as an unregistered entity, in accordance with applicable Polish law. Ensuring full transparency regarding seller identification is a key disclosure requirement for any online business. Providing the seller's full name and address is fundamental to building consumer trust and meeting legal requirements.

For an entity operating under the unregistered system, where there is no public entry in registers such as CEIDG or KRS, the transparent presentation of identifying data is particularly important. This allows consumers to verify the entity with which they are entering into a contract, which is crucial for ensuring a sense of security in online transactions. This proactive approach to transparency not only ensures regulatory compliance but also enhances TipGenius.store's professional image, which is invaluable in acquiring and retaining customers in the competitive e-commerce market.

I. General Provisions and Definitions

To ensure complete clarity and avoid misunderstandings, these terms and conditions precisely define the key terms used in their content and set out the general terms and conditions of use of the TipGenius.store website.

Definitions of key terms

• Seller: Michał Dziech, a natural person conducting unregistered business activity, offering e-books via the TipGenius.store Website.

• Buyer/Customer: Any natural person, legal person or organizational unit without legal personality who purchases an E-book in the Store.

• Consumer: A natural person entering into a legal transaction with the Seller (purchase of an E-book) not directly related to his or her business or professional activity, as defined in Article 22¹ of the Civil Code. This distinction is extremely important because consumer rights are more broadly protected by law.

• E-book: A digital publication in an electronic format, such as a PDF, EPUB, or MOBI file, available for download or online reading after purchase. E-books are digital products, which has specific legal implications, especially in the context of the right of withdrawal.

• Unregistered Business: Business activity conducted by an individual who is not registered in the Central Register and Information on Business Activity (CEIDG) due to meeting certain legal conditions, in particular revenue limits.

• Regulations: This document specifies the rules for the sale of e-books and the provision of electronic services by the Seller.

• Website/Store: The Seller's website available at TipGenius.store, through which E-books are offered.

• Contract: E-book sales contract concluded at a distance between the Seller and the Buyer via the Online Store.

• Durable medium: A material or device that enables information to be stored in a way that allows future access for a period of time appropriate to the purposes for which the information is used and that allows the unchanged reproduction of the stored information (e.g., an email with a download link, a PDF file with a purchase confirmation).

Precise definitions of the above terms are fundamental to the legal clarity of the regulations. In the context of unregistered business, where the legal status of the Seller is less formalized than in the case of a registered company, clarity in terminology is even more critical. The lack of clear definitions, especially regarding the role of the Seller (as an individual conducting unregistered business) and the nature of the e-book (as digital content), could lead to misinterpretations of regulations, including those concerning consumer rights and tax obligations. By precisely defining who the Consumer is and what an e-book is, Michał Dziech can correctly apply specific consumer protection regulations to digital products, minimizing the legal risk arising from the misapplication of general consumer protection regulations.

Technical requirements necessary to use the Website and E-books

To properly use the TipGenius.store website and purchased e-books, the Buyer must meet certain technical requirements. These include internet access, a standard operating system and an up-to-date web browser, and a valid email address, which is necessary for communication and delivery of purchased content. Additionally, in the case of e-books delivered in PDF format, it is necessary to have software that can read this type of files, e.g. Adobe Reader. It is also recommended that the Buyer's equipment be equipped with antivirus software and kept up to date, which increases the security of transactions and data.

Prohibition of providing illegal content

The Buyer is obligated to comply with all legal provisions when using the Website. In particular, the Buyer is prohibited from providing any illegal content, including content that violates the rights of third parties, content that is offensive, pornographic, promotes violence, racial, ethnic, religious, or other discrimination, or content that violates good manners. This standard provision in website terms and conditions is intended to protect the seller from liability for user-generated content. Even though TipGenius.store lacks extensive interactive features such as forums or comments, introducing this clause is a proactive step. It protects the seller from potential legal risks that could arise from unforeseen user actions or possible future expansion of the site's functionality. This sends a clear message to users that the platform maintains high legal standards and that they are responsible for their actions and published content.

II. Unregistered Activities – Legal Specifics and Obligations

Selling e-books as an unregistered business involves specific conditions and obligations that Michał Dziech must strictly adhere to. This legal form offers simplifications but requires constant monitoring and awareness of applicable limits.

Conditions for conducting unregistered business

Michał Dziech can legally sell e-books without registering his business with CEIDG, provided he meets certain criteria. The key requirement is the revenue limit: in 2025, gross monthly revenue from unregistered business activity cannot exceed PLN 3,499.50, which is 75% of the minimum wage. Additionally, the annual income from this activity cannot exceed PLN 41,994. It is also important that Michał Dziech has not run a registered business activity in the last 60 months. Unregistered activities are intended only for natural persons.

It's important to emphasize that revenue limits are dynamic and change with increases in the minimum wage. This means Michał Dziech must constantly monitor his monthly income. If his income exceeds the established limit in any given month, Michał Dziech will be required to register his business with CEIDG within seven days of exceeding this threshold. This requirement creates a constant operational burden related to financial monitoring. While unregistered business simplifies initial formalities, it requires Michał Dziech to prepare for a rapid transition to full company registration, which will entail new obligations, such as paying social security contributions and potentially registering for VAT.

Tax obligations

Despite not registering his business, Michał Dziech has specific tax obligations. Primarily, he must report income from unregistered activities on his annual PIT-36 tax return. Income (revenue reduced by costs of obtaining income, e.g. costs of purchasing e-books for further sale) is subject to taxation according to the tax scale, i.e. 12% for income up to PLN 120,000 and 32% for the excess above this amount.

Maintaining simplified sales records is also a key responsibility. These records can be kept in any format, such as an Excel spreadsheet or a traditional notebook. It must contain at least the serial number, the date of sale, the value of the sale, and the cumulative value of the sale. Entries in the records must be made accurately and on an ongoing basis, no later than before the next transaction on the following day. Regular and accurate record keeping is essential to control revenues and ensure that the limit for unregistered activities is not exceeded.

VAT and Social Insurance Institution exemptions

One of the biggest benefits of running an unregistered business, especially in e-book sales, is exemption from VAT and social security contributions. Michał Dziech is not required to pay monthly income tax advances or social security contributions, which are mandatory for registered entrepreneurs.

In the case of VAT, the sale of e-books is generally subject to VAT (reduced rate of 5% for e-books and audiobooks). However, Michał Dziech may benefit from the subjective exemption from VAT if his total annual sales turnover does not exceed PLN 200,000. This exemption means that Michał does not add VAT to the price of e-books, making his products potentially cheaper for individual customers (B2C) who cannot deduct VAT.

The lack of VAT and social security contributions is a significant competitive advantage for Michał Dziech. This allows him to offer e-books at more attractive prices or maintain higher profit margins compared to registered companies. This advantage is crucial for a new, small venture like TipGenius.store, enabling him to test a business idea with lower overhead costs and potentially higher sales thanks to lower prices. The unregistered business model is often used to test business ideas. However, this requires Michał Dziech to constantly monitor both monthly and annual revenues. Exceeding the VAT limit (PLN 200,000 per year) or the monthly revenue limit requires rapid business registration and adapting to new tax and insurance obligations. Failure to prepare for such a change can lead to legal and financial consequences.

Issuing bills/invoices at the customer's request

Michał Dziech, as a Seller operating an unregistered business, is obligated to issue a bill or invoice upon request from an individual customer. Such a request must be fulfilled within 15 days of the purchase date. For business customers (B2B), issuing an invoice is always mandatory, regardless of whether the customer requests one. These invoices will be issued without VAT, with a note about VAT exemption (e.g. pursuant to Article 113, paragraph 1 of the VAT Act).

Aspects of foreign sales (VAT-EU, OSS)

If Michał Dziech plans to sell e-books to customers outside Poland but within the European Union, he must be aware of the additional obligations related to settling VAT. Selling digital products to consumers in other EU countries requires settling VAT in accordance with the regulations in force in the consumer's country. This may require registration in the OSS (One Stop Shop) system, which simplifies the settlement of VAT from many EU countries in one place.

While opening up new market opportunities, foreign sales introduce significant administrative complexity that contradicts the simplified nature of unregistered business activity. The requirement to register with the OSS and settle VAT-EU (in addition to the annual PIT-36 form) significantly increases the administrative burden. This may result in the benefits of unregistered business activity (simplified accounting, no ZUS (Social Insurance Institution)) being quickly offset by the new requirements. Michał Dziech should therefore carefully consider whether the potential increase in revenue from foreign markets outweighs the additional costs and complexity associated with international sales, which may accelerate the need for formal business registration and professional tax advice.

No obligation to have a cash register

Michał Dziech, who sells e-books online, is exempt from the requirement to have a cash register. This exemption is contingent upon selling only online (digital products), accepting only cashless payments (e.g., bank transfer, BLIK, card payments), and providing customers with transaction confirmation along with full information about the service, for example, through terms and conditions. It is important that payments are identifiable, e.g. by including the customer's name in the transfer title.

Table 1: Key Aspects of Unregistered Business for an E-book Seller (2025)

The table above provides a condensed summary of the key requirements and exemptions related to conducting unregistered business activity in the context of e-book sales in Poland in 2025. Michał Dziech, who is neither a lawyer nor an accountant, finds this overview extremely valuable. It allows him to quickly and clearly understand key financial thresholds and the administrative obligations he must comply with. Instead of searching through multiple sources, Michał receives all critical information in one place, facilitating ongoing financial management and monitoring legal compliance. This tool supports proactive risk management, allowing Michał to react quickly when limits are approaching, which is crucial for avoiding unplanned formalization or potential penalties.

III. Rules for Placing and Executing Orders

This section of the regulations describes in detail the process the Buyer goes through from selecting an e-book to receiving it, as well as key information regarding pricing and payment.

The process of purchasing an e-book on TipGenius.store

The process of purchasing an e-book on the TipGenius.store website is intuitive and consists of just a few steps. The buyer selects the e-book they are interested in, adds it to the cart, and then proceeds to the order form. In this form, the buyer is required to provide the necessary information to complete the order (e.g., email address for e-book delivery) and select their preferred payment method. A key element of the process is the acceptance of these Terms and Conditions, which, although voluntary, is necessary to complete the purchase. After completing the form and accepting the terms and conditions, the Buyer clicks the "Buy and pay" button, which redirects him to the payment operator to make the payment.

Information about prices (gross) and additional costs

All e-book prices displayed on the TipGenius.store Website are gross prices, which means they include all applicable taxes. In the case of Michał Dziech, who benefits from the subjective exemption from VAT (up to the limit of PLN 200,000 of annual turnover), VAT is not charged. Information about the total price, including any additional fees (although in the case of e-books there are usually no delivery costs), must be provided in a clear and understandable manner before the order is placed. Price transparency is the basic information obligation of an online seller and builds customer trust.

Available payment methods

The Seller only provides Buyers with cashless payments, which is a condition for exemption from the obligation to have a cash register. Available payment methods are usually fast online transfers (e.g. BLIK, bank transfers via a payment operator) and card payments. Choosing cashless payments simplifies settlements for Michał Dziech and eliminates the need to handle cash, which is consistent with the unregistered business model.

Method and date of delivery of the e-book

The purchased E-book will be made available to the Buyer in the form of a download link sent to the e-mail address provided in the order form. Digital content is delivered immediately after successful payment, which means that the Buyer should receive access to the e-book no later than 24 hours after payment is received. The terms and conditions should clearly define this deadline so that the Buyer is aware of when they can expect access to the purchased product.

Confirmation of the conclusion of the contract

After successful payment, the Buyer will be redirected to a purchase confirmation page. At this point, the contract for the supply of digital content in the form of an e-book is deemed concluded between the Buyer and the Seller. Additionally, purchase confirmation with an order summary and a link to download the E-book will be sent to the e-mail address provided by the Buyer in the order form. This electronic confirmation constitutes a durable medium of information about the concluded contract, which is important from the point of view of consumer rights.

IV. Copyright and E-book License

This section of the regulations is crucial for protecting the intellectual property of Michał Dziech, as the creator of e-books, and for defining the rights and obligations of the Buyer regarding the use of the purchased digital content.

E-book as a copyrighted work

Each e-book offered on TipGenius.store constitutes a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights. This means that Michał Dziech, as the creator, is entitled to exclusive property and personal rights to it. These rights include the right to use the work and dispose of it in all fields of exploitation and the right to remuneration for the use of the work.

Scope of the license granted

Purchasing an e-book on TipGenius.store does not transfer copyright to the Buyer, but merely grants them a non-exclusive and non-transferable license to use the e-book for their own personal use. This license entitles the Buyer to a one-time download of the e-book file and to read it on compatible electronic devices.

Key licensing restrictions:

• Prohibition of further distribution: The Buyer has no right to further distribute, make available, resell, lend, rent, loan or any other commercial use of the e-book without the express written consent of the Seller. Further distribution of the e-book without the Seller's consent constitutes copyright infringement and may result in civil or criminal liability.

• Ban on reselling used e-books: It should be made clear that selling used e-books is illegal. The law governing the sale of traditional (physical) books does not apply to e-books, as confirmed by a ruling by the Court of Justice of the European Union. This means that the Buyer cannot legally resell the e-book after reading it. This is a significant difference compared to physical products and must be clearly communicated in the terms and conditions to avoid misunderstandings and protect the Seller's copyright.

• Copying and Printing Restrictions: The license may specify whether and to what extent copying portions of the text or printing the eBook is permitted. By default, unless otherwise specified, these rights are limited or excluded.

• Prohibition of modification: The Buyer has no right to modify, adapt, decompile or in any other way interfere with the content or structure of the e-book.

The introduction of detailed licensing clauses is absolutely essential for Michał Dziech. As a creator of digital content, he is particularly vulnerable to illegal copying and distribution. Clearly defining the scope of licenses and prohibitions helps enforce copyright and educates buyers about the legal use of purchased e-books. The absence of such provisions in the terms and conditions could lead to widespread copyright infringement, which would undermine the efforts put into creating and selling content.

E-book security (watermarks, no security removal)

E-books can be protected against illegal copying using watermarks. Information about the type of security used will be provided in the description of each e-book. By purchasing the e-book, the buyer agrees not to remove or tamper with the technical security measures used. This is a key element in protecting digital content, as watermarks often contain information identifying the purchaser, allowing for the tracking of illegal distribution.

Liability for copyright infringement

In the event of infringement of the Seller's copyright, in particular through unauthorized distribution, sharing or modification of e-books, the Buyer shall be liable to civil and criminal liability in accordance with applicable law. The regulations should clearly state the consequences of such actions in order to deter piracy and protect the interests of the creator.

V. Consumer Rights and Withdrawal from the Contract

This section of the regulations is extremely important from the point of view of protecting consumer rights, and in the case of the sale of digital content, it contains specific exceptions that must be clearly communicated.

General right of withdrawal (14 days)

Pursuant to the Consumer Rights Act, a Consumer who has concluded a distance contract (e.g. via an online store) has the right to withdraw from it without giving any reason within 14 days from the date of conclusion of the contract. To meet this deadline, simply send your declaration of withdrawal from the contract before it expires. The declaration may be submitted electronically (e.g., by email) or in writing (a letter). The Seller is obliged to immediately confirm receipt of the declaration of withdrawal.

Key exclusions from the right of withdrawal for digital content

For the sale of e-books, which are digital content not supplied on a tangible medium (e.g. CD/DVD), a key exception to the right of withdrawal applies. The consumer loses the right to withdraw from the contract if all of the following conditions are met:

1. Consumer's express consent: The consumer has given his/her express consent to commence performance of the service (delivery of digital content) before the expiry of the withdrawal period.

2. Notification of the loss of the right: The consumer was informed before the commencement of the performance of the service of the loss of the right to withdraw from the contract at the time of giving consent.

3. Confirmation on a durable medium: The Seller has provided the Consumer with confirmation of the conclusion of the contract and confirmation of receipt of consent to the delivery of digital content in circumstances resulting in the loss of the right of withdrawal, on a durable medium (e.g. in an e-mail with a link to download the e-book).

Failure to meet even one of these conditions means that the Consumer retains the right to withdraw from the contract, even if he has already downloaded and used the e-book. This is crucial for Michał Dziech, as the lack of appropriate checkboxes and clear information on the purchase page could expose him to the obligation to refund e-books already used. Therefore, the purchase process must include clear checkboxes that the consumer can check themselves, confirming their consent and awareness of the loss of the right of withdrawal.

Consequences of withdrawal from the contract

In the event of effective withdrawal from the contract, it is deemed not to have been concluded. The Seller is obliged to return to the Consumer all payments received from him, including the costs of delivering the e-book (if any, e.g. in the case of packages with physical media), immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract. The refund should be made using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not involve any costs for him. The Seller is not entitled to demand payment for the period during which the digital content was inconsistent with the contract, even if the Consumer actually used it.

Information obligations of the Seller before concluding the contract

Before concluding the contract, the Seller is obliged to inform the Consumer in a clear, distinct and understandable manner about all key aspects of the transaction. This includes:

• Main features of the service (e-book description).

• Seller identification and contact details.

• Total price of the e-book (gross) and any additional costs.

• Method and deadline of payment.

• Method and date of e-book delivery.

• Complaints procedure.

• Information on the right to withdraw from the contract, including the conditions for excluding this right for digital content.

• Possibility of using extrajudicial methods of dispute resolution.

This information should be available in the terms and conditions, and key elements (e.g. the right of withdrawal) should be clearly repeated during the ordering process, preferably using checkboxes that the Consumer must select before finalising the purchase.

VI. Complaints and Non-Compliance of the E-book with the Agreement

This section of the regulations specifies the procedure to be followed in the event that the purchased e-book proves to be inconsistent with the contract, providing Consumers with the right to make a complaint in accordance with applicable regulations.

Consumer Complaints Procedure

Consumers have the right to file a complaint if the purchased e-book is inconsistent with the contract. Complaints may concern physical defects (e.g., damaged file, inability to open) or legal defects of the e-book. Consumers should inform the Seller of the identified non-conformity, specifying their claim. Complaints may be submitted electronically (e.g. by e-mail) or in writing to the Seller's address. In the complaint, it is recommended to provide a description of the problem, the Buyer's contact details and the order number, which will streamline the processing process.

Seller's liability for non-conformity of the e-book with the contract (warranty)

The Seller is liable to the Consumer if the e-book is inconsistent with the contract. The conformity of digital content or digital services with the contract means that they meet, in particular, the requirements regarding description, type, quantity, quality, completeness, functionality, compatibility, interoperability and the availability of technical support and updates. The e-book must be suitable for the purposes for which digital content of this type is normally used and must be supplied with the accessories and instructions that the Consumer can reasonably expect. The Seller informs the Consumer about updates, including those related to security measures, necessary to maintain the e-book’s compliance with the contract and provides them to the Consumer within a reasonable period of time.

Consumer Rights (compliance, price reduction, withdrawal from the contract)

If the e-book is inconsistent with the contract, the Consumer may request that it be brought into conformity with the contract. The Seller is obliged to bring the e-book into conformity with the contract within a reasonable time and without excessive inconvenience to the Consumer, at its own expense.

The consumer may submit a declaration of price reduction or withdrawal from the contract when:

• Bringing the e-book into compliance with the contract is impossible or requires excessive costs.

• The seller did not bring the e-book into compliance with the contract.

• The e-book's non-compliance with the contract persists despite attempts to bring it into compliance.

• The lack of conformity is so significant that it justifies an immediate price reduction or withdrawal from the contract.

• It is clear from the Seller's statement or the circumstances that he will not bring the e-book into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.

The consumer may not withdraw from the contract if the e-book's lack of conformity with the contract is immaterial. However, the lack of conformity is presumed to be material.

Complaint processing deadlines

The Seller shall consider the Consumer's complaint immediately, no later than within 14 days from the date of its receipt. Failure to respond within this timeframe will constitute a finding of validity of the complaint. A response to the complaint will be provided in the form in which it was submitted, unless the Consumer requests a different form.

VII. Personal Data Protection (GDPR) and Privacy Policy

In connection with the online sale of e-books, Michał Dziech processes the personal data of its customers. Compliance with the General Data Protection Regulation (GDPR) is mandatory, regardless of the unregistered status of the business.

Obligations of the Personal Data Administrator (Michał Dziech)

Michał Dziech, as the owner of TipGenius.store, is the Personal Data Controller within the meaning of the GDPR. This means that he is responsible for the lawful processing of his clients' personal data. His responsibilities include, in particular:

• Informing customers who processes data and for what purpose.

• Ensuring appropriate technical and organisational security measures to protect data against unauthorised access, loss or destruction (e.g. SSL certificate on the website, data encryption, regular backups).

• Maintaining a register of personal data processing activities (although there may be an exemption for occasional activities, an online store is usually not treated as occasional).

• Implementation of procedures for responding to data breaches.

• Ensuring that data is processed only to the extent necessary and for the time necessary.

Legal basis for processing customer personal data

The processing of customer personal data is only legal if there is an appropriate legal basis for it. In the case of an online store, the most frequently indicated bases are:

• Performance of the contract: Data processing is necessary for the performance of the e-book sales contract (e.g. name, surname, e-mail address for product shipping, payment details). In this case, the customer's consent is not required because data processing is necessary to perform the service the customer orders.

• Legitimate interest of the controller: May concern marketing activities (e.g. sending a newsletter if the customer consents), ensuring network and information security, or preventing fraud.

• Consent of the data subject: Required for purposes that are not necessary for the performance of the contract, e.g. sending a newsletter, marketing profiling.

Data subject rights

Michał Dziech's clients have a number of rights under the GDPR, which must be clearly presented in the Privacy Policy. These include:

• Right of access to data: The right to obtain information about the data being processed and a copy thereof.

• Right to rectification: The right to request the correction of incorrect or incomplete data.

• Right to erasure ("right to be forgotten"): The right to request the erasure of data when it is no longer necessary for the purposes for which it was collected or when consent has been withdrawn. Please note that some data must be retained for a certain period of time due to other legal obligations (e.g. tax).

• Right to restrict processing: The right to request the restriction of data processing in certain situations.

• Right to data portability: The right to receive data in a structured, commonly used format.

• Right to object: The right to object to data processing in certain situations.

• Right to lodge a complaint with a supervisory authority: Right to lodge a complaint with the President of the Personal Data Protection Office.

Consent requirements (informed, voluntary, no default checkboxes)

All consents to the processing of personal data (e.g., marketing, newsletters) must be given consciously and voluntarily. This means that checkboxes used to express consent cannot be selected by default. The customer must actively check the box to consent to each specific data processing purpose. Withdrawing consent should be as easy as expressing it.

Cookie Policy (if used on the TipGenius.store website)

If the TipGenius.store Website uses cookies or other tracking technologies (e.g. Google Analytics, social plugins), it is necessary to have a Cookie Policy. This policy should inform users about the types of cookies used, the purposes for which they are used, and how to manage them (e.g., through browser settings). Even in a simplified form, having a Cookie Policy is recommended to avoid legal risks associated with a lack of information about user tracking.

Recommended data security measures

Michał Dziech, as the Data Controller, must ensure appropriate technical and organizational measures to protect personal data. This includes:

• Providing an SSL certificate on the website that encrypts transmitted data.

• Encrypting saved data and making regular backups.

• Minimizing access to personal data so that only those who need it to perform their duties have access to it.

• Implementation of security procedures, including access control and systems monitoring.

• Ensuring that all devices used to process data meet security standards (e.g. up-to-date antivirus software).

All this information regarding the processing of personal data must be included in a separate document – the Privacy Policy, to which the regulations should refer. The Privacy Policy should be easily accessible on the website.

VIII. Final Provisions

The last chapter of the regulations contains clauses regarding their amendments, dispute resolution methods and applicable law, ensuring the completeness of the document.

Rules for amending the regulations

The Seller reserves the right to change these Terms and Conditions. Changes will take effect on the date they are published on the Website. Agreements concluded before the effective date of the changes to these Terms and Conditions are subject to the provisions of the Terms and Conditions in force at the time of their conclusion. Any changes to the Seller's contact details or payment methods do not constitute a change to the regulations and may be communicated in other ways, e.g. by updating the relevant sections on the website.

Extrajudicial dispute resolution methods (ODR, mediation)

Consumers have the option of using out-of-court dispute resolution methods with the Seller. These include mediation, permanent consumer arbitration courts operating at the provincial inspectorates of the Trade Inspection, or assistance from the consumer ombudsman. The Seller agrees to participate in out-of-court dispute resolution. The consumer may also use the online dispute resolution (ODR) platform available at

http://ec.europa.eu/consumers/odr . Information about these possibilities is mandatory and should be included in the regulations.

The law applicable to the contract

All contracts concluded via TipGenius.store are subject to Polish law. This means that in the event of any disputes, Polish law will apply. This provision is without prejudice to mandatory provisions of international law, in particular consumer protection provisions, which may be more favorable to the consumer.

Summary and Recommendations

Selling e-books online as an unregistered business, as Michał Dziech does at TipGenius.store, offers significant administrative and financial simplifications, such as exemption from VAT (up to a limit of PLN 200,000 per year) and social security contributions. These benefits can constitute a significant competitive advantage, allowing for the flexibility to test a business model with lower start-up costs. However, this simplified status does not exempt you from key legal obligations regarding e-commerce, consumer protection, copyright, and the GDPR.

Key takeaways:

• Balance simplicity and compliance: A non-registered business is a great start, but it requires strict adherence to revenue limits and a willingness to quickly formalize the business if successful. Continuous revenue monitoring is absolutely essential.

• Specificity of digital products: E-books, as digital content, are subject to specific regulations, especially regarding the right of withdrawal. It is crucial to obtain the consumer's express consent and inform them of the loss of this right on a durable medium before delivering the e-book. The lack of these safeguards exposes the seller to unwanted returns.

• Intellectual property protection: E-books are protected by copyright, and the terms and conditions must clearly define the scope of the license granted, including prohibitions on further distribution and resale of used copies. Watermarking is a practical way to enhance this protection.

• GDPR as a Foundation: Regardless of the business status, GDPR imposes full obligations on Michał Dziech as Data Controller. This requires not only the implementation of a Privacy Policy and Cookie Policy, but also ensuring appropriate technical safeguards and informed consent (without pre-selected checkboxes).

• Transparency builds trust: Openly providing the Seller's details (Michał Dziech, address) in the regulations and on the website is fundamental to building customer trust, especially in the case of unregistered business.