1. DEFINITIONS

   1. Terms used in the regulations mean:

   2. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which legal capacity is specifically granted by law, who makes an Order on the Site;

   3. Consumer - a Customer who places an Order for purposes not related to trade, business, craft or freelance activities;

   4. Newsletter - an electronic service, an electronic distribution service provided by the Service Provider via e-mail, which allows all recipients of the service to automatically receive from the Service Provider the periodic content of successive editions of the newsletter containing information about services, news and promotions on the Site.

   5. Entrepreneur - a Customer who places an Order for purposes related to his/her trade, business, craft or freelance activities, including a Customer who places an Order through any other person acting in his/her name or on his/her behalf; 

   6. Regulations - these regulations for the provision of electronic services on the Site;

   7. RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);

   8. Site - the Internet service through which the Customer can, in particular, place Orders available at the address: https://www.powrotdolona.com/;

   9. Seller - Mary Bratko entrepreneur conducting business under the name Mary Bratko in Tomaszow Lubelski, Tomasza Zamojskiego Street, No. 41/8, 22-600 Tomaszow Lubelski, NIP: 7123439903;

   10. Services - services offered by the Seller presented on the Site;

   11. Contract - any agreement under which the Seller undertakes to provide services or transfer ownership of a product to the Customer, and the Customer pays or undertakes to pay their price;

   12. Order - a declaration of will of the Customer, aimed directly at the conclusion of the Agreement

2. GENERAL PROVISIONS

   1. The site, available at: https://www.powrotdolona.com/ is conducted by Mary Bratko entrepreneur conducting business under the name Mary Bratko in Tomaszow Lubelski, Tomasza Zamojskiego Street, No. 41/8, 22-600 Tomaszow Lubelski, NIP: 7123439903.

   2. Through the Site, the Seller offers Services to Customers. 

   3. A detailed list of Services with their unit prices can be found on the Site. 

   4. The contract is concluded between the Customer and the Seller in accordance with Polish and EU law.

   5. All product designations and product names are used for identification purposes may be registered trademarks for which protection rights have been granted to the right holders.

3. TERMS OF USE OF THE SITE

   1. The conclusion of the Sales Contract on the Site is carried out by purchasing a given Service without prior registration.

   2. The Customer, making a given Service without prior registration, is obliged to fill in the appropriate form with his/her data, as well as to agree to the content of the Terms and Conditions and consent to the processing of the Customer's personal data by the Seller and the content of the privacy policy Pages.

   3. The Seller may deprive the Client of the right to use the Site, as well as may restrict the Client's access to some or all of the Site's resources, with immediate effect, if the Client violates the Terms and Conditions, and in particular if the Client:

      1. provided data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties when placing the Order;

      2. committed through the Site a violation of the personal rights of third parties, in particular the personal rights of other Customers of the Site;

      3. has engaged in other behavior that is deemed by the Seller to be inconsistent with the binding provisions of law or the general rules of Internet use or detrimental to the Seller's good name. 

   4. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Site, the Site shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.

   5. In particular, the customer is obliged to:

      1. not to provide or transmit content of an unlawful nature, such as content that promotes violence, defames or violates the personal rights and other rights of third parties;

      2. use of the Site in a manner that does not interfere with its operation, in particular by using certain software or devices;

      3. not to take actions such as sending or posting unsolicited commercial information (spam) on the Site;

      4. Use of the Site in a manner that is not burdensome to other Customers and to the Seller;

      5. use any content posted on the Site for personal use only (prohibition on using the Site for commercial activities);

      6. use of the Site in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations and the privacy policy of the Site, as well as with the general rules of Internet use.

4. CONTRACT PROCEDURE

   1. In order to conclude an Agreement through the Site, one must enter the Site, make a selection of a particular Service offered by the Seller (training, workshop, etc.), taking subsequent technical steps based on the messages displayed to the Customer and the information available on the Site.

   2. After the Customer using the Site has added all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include information regarding:

      1. the subject of the contract;

      2. The price of the purchased Service;

      3. the selected payment method;

   3. In order to send an Order, it is necessary to provide personal data marked as mandatory, make payment, accept the Terms and Conditions and privacy policy, and agree to the processing of the Customer's personal data by the Seller. 

   4. The contract is considered to be concluded from the moment the Seller receives the Order placed by the Customer.

   5. Once the Order has been placed and payment made, the Customer will receive an email containing a final confirmation of all relevant elements of the Order and the purchased Service.

   6. In case the customer wants to receive an invoice from the Seller, please contact us directly contact email: [email protected]. 

5. PRICES AND PAYMENT METHODS

   1. Prices of the Services are given in zlotys and include all components at the rate specified by separate regulations. 

   2. The price quoted for a given Service is binding at the time the Customer places an Order and will not change until the Order is executed.

   3. The prices of the Services listed on the Site apply only to the Site's offerings and are valid only for the online offerings.

   4. The Seller reserves the right to change prices of the Services on offer, introduce new services or goods to the offer of the Site, remove products from the offer, conduct and cancel promotional actions on the Site or introduce changes to them, including changes to the Terms and Conditions. These changes will not apply to Orders placed before their introduction. Planned changes regarding the Terms and Conditions will be posted 7 days in advance on the main Site in a conspicuous place, so that everyone can get acquainted with them. The aforementioned changes regarding the Regulations or prices shall become effective 7 days after they are posted on the Site.

   5. On the Site it is possible to pay only by payment cards (debit or credit) Visa or Mastercard). Using the given form of payment, the customer does not incur any additional costs, except for possible costs imposed by the businesses through which the payment is made, in particular banks. 

   6. There is no possibility for the Customer to pay in cash at the premises of the Seller's enterprise. There is no possibility of payment by credit card. 

   7. The moment of payment is considered to be the moment when the funds are credited to the Seller's bank account.

6. CANCELLATION OF PURCHASED SERVICES

   1. The Vendor offers Customers the opportunity to cancel the Service purchased by the party on the following terms and in accordance with the following cancellation policy.

   2. The Client has the right to cancel the purchased and fully prepaid Service in the form of participation in courses/workshops conducted and organized by the Seller at any time. In case of cancellation by the Client of the purchased Service in the form of participation in courses/workshops conducted and organized by the Seller in the period up to 14 calendar days before the start of provision by the Seller of the given Service purchased by the Client, cancellation by the Client entitles the Client to receive a refund of 50% of the Service price paid. The refund of this amount will be made by the Seller within 14 calendar days from the date of receipt of the Client's statement of cancellation of such Service. These funds will be returned to the bank account indicated by the Client in the cancellation statement.

   3. In the event of cancellation by the Client of a Service purchased and paid in full in advance in the form of participation in courses/workshops conducted and organized by the Seller within a period of 14 calendar days prior to the commencement of the Seller's provision of such Service purchased by the Client, the cancellation of the Service shall not entitle the Client to receive any refund from the Seller, and the Seller shall thereby have the right to retain 100% of the price paid by the Client for the Service purchased.

   4. In the case of cancellation by the Customer of the Service in the form of participation in courses/workshops conducted and organized by the Seller, for which payment by the Customer is made in installments - cancellation of the Service does not entitle the Customer to receive any refund from the Seller, and the Seller is thus entitled to retain 100% of the price paid by the Customer for such purchased Service regardless of the date of submission of the statement of cancellation.

   5. The Customer has the option to cancel the Service purchased and paid in full in advance in the form of participation in an individual massage or therapy session at any time. If the Client cancels the purchased Service in the form of participation in a massage session or therapy session within 24 hours prior to the start of the Seller's provision of the particular Service purchased by the Client, the cancellation by the Client entitles the Client to receive a refund of 50% of the Service price paid. The refund of this amount will be made by the Seller within 7 calendar days from the date of receipt of the Client's statement of cancellation of such Service. These funds will be returned to the bank account indicated by the Client in the cancellation statement.

   6. In the event of cancellation by the Client of a Service purchased and paid in full in advance in the form of participation in an individual massage or therapy session within the 24-hour period immediately preceding the provision by the Seller of such Service purchased by the Client, such cancellation shall not entitle the Client to receive any refund from the Seller, and the Seller shall thereby have the right to retain 100% of the price paid by the Client for the Service purchased.

   7. The Client is also not entitled to claim payment and reimbursement of any amounts by the Seller in the event that the Client purchased a particular Service (regardless of the type of Service purchased) but did not show up for the date of the purchased Service (massage, treatment, workshop, training, etc.) and did not participate in it - regardless of the reasons and reasons for the Client's non-attendance at the date of the purchased Service.

   8. In the event of cancellation by the Client of a Service package purchased and paid in full, the fee is not refundable, but may be applied to other services or products with Mary Bratko's approval.

   9. The above provisions do not exclude the statutory consumer right of withdrawal regulated in Sections VII and VIII below.

7. INFORMATION ABOUT THE RIGHT TO WITHDRAW FROM THE CONTRACT

   1. Any Customer, being a Consumer and using the Site, has the right to withdraw from the concluded Agreement without giving any reason.

   2. The consumer has the right to withdraw from the Agreement within 14 days without giving any reason. The term of withdrawal expires after 14 days from the date of purchase of the Service on the Site.

   3. In order to exercise the right of withdrawal, the Consumer must make a statement to this effect. The statement of withdrawal must be made to the Seller, in one of the following ways: 

      1. In writing to the address: Mary Bratko, Tomasza Zamojskiego Street, No. 41/8, 22-600 Tomaszów Lubelski;

      2. in electronic form via email to: [email protected]

   4. In order to comply with the deadline for withdrawal, it is sufficient for the Customer who is a Consumer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.

   5. The consumer can use the model withdrawal form, but it is not mandatory.

   6. The above provisions on the right to withdraw from the Contract shall also apply to natural persons entering into contracts with the Seller directly related to their business activity, when it follows from the content of the contract that these contracts are not of a professional nature for these persons, arising in particular from the subject of business activities performed by these persons, made available on the basis of the provisions on the Central Register and Information on Business Activity.

   7. The Customer, who is a Consumer, loses the right to withdraw from the concluded Agreement if the Seller has begun, before the expiration of the 14-day period, to provide the Service purchased by the Customer, i.e. has begun to conduct a workshop or training. 

8. CONSEQUENCES OF A CONSUMER'S WITHDRAWAL FROM A CONTRACT

   1. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer all payments received from him, immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Client's decision to exercise his right to withdraw from this Agreement.

   2. The Seller will refund the payment using the same means of payment that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution - in any case, the Customer will not incur any fees in connection with this refund. The Seller may withhold reimbursement until it receives the item or until the Customer provides proof of its return, whichever event occurs first.

   3. The above provisions on the right to withdraw from the Contract shall also apply to natural persons entering into contracts with the Seller directly related to their business activity, when it follows from the content of the contract that these contracts are not of a professional nature for these persons, arising in particular from the subject of business activities performed by these persons, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. SERVICE COMPLAINTS

   1. Complaints, arising from violation of the Customer's rights guaranteed by law or under these Regulations, should be addressed in one of the following ways: 

      1. In writing to the address: Mary Bratko, Tomasza Zamojskiego Street, No. 41/8, 22-600 Tomaszów Lubelski;

      2. in electronic form via email to: [email protected];

   2. The Seller undertakes to consider any complaint for the sold items within a reasonable time, however, in the case of consideration of a complaint submitted by a Customer who is a consumer, this period may not exceed 14 days. The Seller's response to the complaint (both acknowledging and not acknowledging the complaint) shall be provided to the Customer in writing or in electronic form.

   3. If the legitimacy of the complaint is not recognized, the Customer will be informed of the Seller's position within the time limit indicated in paragraph 2 above with the reasons for the decision. Lack of information within 14 days to the Customer who is a consumer, means recognition of the complaint and its implementation.

   4. In the case referred to in the first sentence of paragraph 3, the Customer who is a consumer may request the intervention of the relevant consumer law authority in the country from which the Order was made. In order to obtain assistance or advice, it is necessary to present all documents relating to the matter raised, e.g. contracts, invoices, warranty documents, receipts.

   5. In the event of a quantitative or qualitative complaint, it is recommended to write a damage report in the presence of the person delivering the Order.

10. COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

    1. The Seller shall take measures to ensure fully correct operation of the Site, to the extent of current technical knowledge, and undertakes to remove

       within a reasonable period of time any irregularities reported by customers.

    2. The Customer shall immediately notify the Seller of any irregularities or interruptions in the functioning of the Site.

    3. Irregularities related to the functioning of the Site may be reported by the Customer in one of the ways of his choice:

       1. In writing to the address: Mary Bratko, Tomasza Zamojskiego Street, No. 41/8, 22-600 Tomaszów Lubelski;

       2. in electronic form via email to: [email protected];

    4. In the complaint, the customer should specify his name, mailing address, type of

       and date of occurrence of irregularities related to the operation of the Site.

    5. The seller undertakes to consider each complaint within 30 days, and if this is not possible, to inform the customer within this period when the complaint will be considered.

11. PERSONAL DATA PROTECTION

    1. We would like to inform you that the Administrator of your personal data is Mary Bratko entrepreneur conducting business activity under the name Mary Bratko in Tomaszow Lubelski, Tomasza Zamojskiego Street, No. 41/8, 22-600 Tomaszow Lubelski, NIP: 7123439903.

    2. Detailed information on the scope and period of processing of personal data by the Seller and the rights of Customers are contained in the Privacy Policy. 

12. TECHNICAL CONDITIONS

    1. In order to use the services provided under these Regulations, the Customer should have:

       1. web browser;

       2. Adobe software;

       3. active e-mail address;

       4. Active connection to the Internet.

13. FINAL PROVISIONS

    1. Customers may access these Terms and Conditions at any time on the Site. Recording, securing, making available and confirming to the Customer the material provisions of the Agreement shall be done by sending the Customer to the provided e-mail address.

    2. Settlement of any disputes arising between the seller and the customer shall be submitted to the competent Polish courts in accordance with the provisions of the applicable provisions of Polish law.  

    3. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. 

    4. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

    5. The consumer has the following examples of out-of-court means of complaint and redress: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the place of the Seller's business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at. [email protected] and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00 a.m. - 6:00 p.m., call charge at the operator's tariff).

    6. At http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level (the ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

    7. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

    8. In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of electronic services), the amended Regulations are binding on the Client, if the requirements specified in Articles 384 and 3841 of the Civil Code have been met, i.e. the Client has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Regulations would result in the introduction of any new fees or an increase in current fees, the Customer who is a Consumer has the right to withdraw from the contract.

    9. In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the acquired rights of Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations will not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements.

    10. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002, the provisions of the Consumer Rights Act of May 30, 2014 and other relevant provisions of commonly applicable law.

14. MODEL WITHDRAWAL FORM

Model withdrawal form

(this form must be filled out and sent back only if you wish to withdraw from the contract, as mentioned in points XI and XII of the Regulations)

• Address: 

Mary Bratko, Tomasza Zamojskiego Street, No. 41/8, 22-600 Tomaszow Lubelski 

• I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following Goods(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*). 

• Date of contract(*)/acceptance(*)

• Order Number

• Name of consumer(s)

• Address of the consumer(s)

• Signature of the consumer(s) (only if the form is sent on paper)