Order

These terms and conditions set out the rules for sales via an online shop. BEAUTY YOGA, in particular the rules on ordering, payment, withdrawal from the contract, complaint procedure.

CONTACT DETAILS:

JOGA PIĘKNA Marta Kucińska
119 Legionów Street, 91-073 Łódź
NIP: 7271470454, REGON: 473239810
e-mail: sklep@jogapiekna.com
tel. +48 601 154 084

I. DEFINITIONS

1. Subscription - payment for the use of subscription services selected by the customer, monthly.
2. Working day - day from Monday to Friday excluding public holidays.
3. Customer/Purchaser - a natural person of full legal age who has full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, making a purchase from the Seller directly connected with his/her economic or professional activity.
4. Consumer - a natural person of full legal capacity making a purchase from the Seller not directly connected with his/her economic or professional activity.
5. Customer account - a subpage of the web shop where the customer can update their details, change their password and check the status of their order.
6. Basket - the functionality of the online shop, consisting in particular of enabling the easy purchase of Goods, enabling the viewing of their name, quantity, value, delivery costs and the costs of the total order.
7. Billing Period - period of the month of billing for services provided on a subscription basis.
8. Digital product - anything that can be downloaded onto a computer disk in the form of electronic books (e-books), electronic press (e-press) and audio books (audiobooks). Data produced and delivered in digital form.
9. Pre-sale - Goods that are not available at the time the Order is placed. The expected start of availability of the Pre-Sale is specified each time on the card of the Goods marked as Pre-Sale. Whenever these Terms and Conditions refer to Goods, this shall also apply to Pre-Sales, unless otherwise stated in the relevant provision.
10. Trader with consumer rights - a natural person who enters into a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of his/her business activity made available pursuant to the provisions on the Central Register and Information on Business Activity.
11. Seller – JOGA PIĘKNA Marta Kucińska wpisana do Centralnej Ewidencji i Informacji Działalności Gospodarczej (CEIDG) NIP: 7271470454, REGON: 473239810 z siedzibą w Łodzi, przy ul. Legionów 119.
12. Regulations - these terms and conditions setting out the general terms and conditions of sale as well as the rules for the provision of electronic services by the Seller.
13. General Regulation - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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) (Text with EEA relevance).
14. Shop - YOGA BEAUTY online shop available at https://jogapiekna.com/.
15. Contract - the contract of sale of Goods concluded or entered into between the Customer and the Seller.
16. Contract for the provision of digital content or service - a contract concluded by means of distance communication and concerning the supply of Digital Content or digital services by the Seller to the Customer against payment of a price.
17. Distance contract - a contract concluded with the Customer through an organised distance contracting system, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
18. Merchandise - a movable item displayed in the Shop which is the subject of a sales contract between the Buyer and the Seller.
19. Digital content - data produced and delivered in digital form.
20. Electronic service - service provided electronically by the Service Provider to the Customer via the Online Shop.
21. Defect - both a physical defect and a legal defect.
22. Physical defect - The non-conformity of the thing sold with the contract, and in particular if the thing:
    1. it does not have the characteristics which a thing of that kind should have by reason of the purpose stated in the contract or resulting from the circumstances or the use for which it is intended;
    2. does not have the properties the Seller assured the Consumer of,
    3. is not fit for the purpose communicated by the Consumer to the Seller at the conclusion of the contract and the Seller has not raised any objection to such a purpose;
    4. has been delivered to the Consumer in an incomplete state;
    5. if it has been incorrectly assembled and started up, if these actions have been performed by the Seller or a third party for whom the Seller is responsible or by the Consumer who has followed the instructions received from the Seller;
    6. it does not have the characteristic claimed by the manufacturer or his representative or the person who places the thing on the market in the scope of his economic activity or the person who, by placing his name, trade mark or other distinctive sign on the thing sold, presents himself as the manufacturer, unless the Seller did not know such assurances and, judging reasonably, could not have known them or their content could not have influenced the consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
23. Legal defect - circumstance where the thing sold is the property of a third party or is encumbered by a right of a third party, and where the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.

II. GENERAL CONDITIONS

1. The JOGA BEAUTY shop located at https://jogapiekna.com/ sells digital and physical products in its current range.
2. The Terms and Conditions are an integral part of the Contract which is concluded by purchasing the Goods or Digital Product offered in the Store.
3. As a condition of purchase, the Buyer must accept the Terms and Conditions.
4. In order to make a purchase, the buyer can create a customer account as well as make a purchase without registering an account. The account is created as a result of a free account agreement between the Seller and the Buyer. The account agreement is concluded for an indefinite period of time. In order to create an account, registration is necessary.

III. RIGHTS AND OBLIGATIONS OF THE BUYER

1. The buyer is obliged to:
   1. not to provide or transmit content which is prohibited by law, e.g. content which promotes violence, is defamatory or infringes the personal rights and other rights of third parties,
   2. to use the Shop in a manner which does not interfere with its functioning, in particular through the use of specific software or devices,
   3. not take actions such as: sending or posting unsolicited commercial information (spam) within the Shop,
   4. use the Shop in a manner that is not onerous for other Buyers and the Seller,
   5. to use any content posted within the shop for your own personal use only,
   6. use the Store in a manner consistent with the laws applicable in the Republic of Poland, the provisions of the Rules of Procedure, as well as with the general principles of social coexistence.
2. Upon purchase of a Digital Product, a non-exclusive and non-transferable licence is granted for the period of time indicated on the Digital Product description sheet. The Buyer has the right to use the purchased Product only for his private use or within the framework of the business for which he has made the purchase by publishing it on his website or shop in accordance with its intended use.
3. The Buyer is obliged to use the purchased Digital Product in accordance with the licence granted.
4. The customer is obliged to comply with the terms and conditions of this licence. The licence does not include subsidiary rights, nor the right to sub-licence. The purchased Product may not be resold, distributed or sold commercially. Sharing login data with unauthorised persons who have not made a purchase constitutes an infringement of the Seller's copyright.
5. Violation of the licence rules shall result in the blocking of access to the customer's Account and the possibility for the Seller to claim copyright infringement.

IV. PRICE, PAYMENT METHODS

1. Orders may be placed seven days a week, twenty-four hours a day. The prices quoted are inclusive of VAT in Polish zloty. Payment is made via:
   1. traditional transfer, cash on delivery - in the case of physical products,
   2. PayU, PayPal, ING imoje, traditional transfer - for physical and digital products.
      
2. Prices do not include shipping costs, which are made visible during the ordering process of the specific Goods.
3. The price of the Goods is binding upon confirmation by the Seller of receipt of the order placed by the Buyer and, from the moment the fulfilment of the order is triggered, this price will not change, irrespective of any price changes in the Shop that may occur for individual Goods during the fulfilment of a specific order.

V. ONLINE COURSES AND WORKSHOPS

1. Online courses and online workshops constitute Digital Content within the meaning of Article 2(5) and Article 38(13) of the Consumer Rights Act.
2. Intellectual property rights.
   The Seller hereby instructs the Buyer that the content available on the Site and the digital content sold through the Site may constitute works within the meaning of the Act on Copyright and Related Rights of 4 February 1994, the copyrights to which vest in the Seller.
   The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without the Seller's consent, with the exception of the use of the content within the framework of permitted personal use, constitutes an infringement of the Seller's copyright and may result in civil or criminal liability.
3. In order to make a purchase, it is necessary to register a Customer Account. When registering, you must provide an email address to which a link will be sent to set a new password.
4. The customer can change the password at any time.
5. The course materials will be available immediately in the online course panel. If the customer is unable to launch the file, they should contact the Vendor.
6. Access to the online course or online workshop is granted for the term indicated on the Digital Product description sheet. The term counts from the date you receive access to the online course, unless otherwise indicated on the Digital Product page.
7. If online courses or workshops are not in conformity with the contract, the consumer may request that they be brought into conformity with the contract.

VI. ONLINE CONSULTATIONS

1. The online consultation is a service within the meaning of Article 38(1) on consumer rights.
2. Within the framework of the contract concluded in accordance with the provisions of these Terms and Conditions, the Vendor provides the Customer with a service in the form of a purchased online consultation, which takes place via distance communication devices, i.e. Skype or Zoom.
3. The purchase of an online consultation is confirmed by a message sent to the client's e-mail address.
4. The online consultation is carried out by prior appointment with the client by telephone.
5. The consultation must be used within 3 months of purchase.
6. The consumer and the Entrepreneur with consumer rights, by agreeing to perform the service in full before the end of the withdrawal period, will thereby lose the right of withdrawal.

VII. ORDER PLACEMENT AND CONFIRMATION

1. The buyer places the order:
   1. by selecting one or more items from the range of Goods offered
   2. providing your name, address, e-mail address, contact telephone number
   3. stating the method and address for service
   4. by selecting the payment method
2. The buyer is automatically informed that the order has been accepted for processing.
3. An order shall be deemed to have been placed if all data enabling the order and the Buyer to be correctly identified, including the Buyer's telephone number and e-mail address, are included in the form.
4. The conclusion of the sales contract is reached when payment is made.
5. Proof of purchase is a fiscal receipt or a VAT invoice, upon request. If the proof of purchase or rectification is missing, please notify us by sending an e-mail to: sklep@jogapiekna.com
6. The seller reserves the right to reject an order when:
   1. the form has been incorrectly filled in making it impossible to complete the order
   2. payment has not been made on account within 7 working days
   3. the consignment has not been received by the buyer.

VIII. IMPLEMENTATION OF THE ORDER

1. Immediately after confirming the receipt of a placed order, the Seller proceeds to its fulfilment. The time to receive the Goods consists of the order processing time (completion of the Goods, payment for the Goods, issuance of the sales document, packing of the parcel) - up to 5 working days.
2. Goods ordered in the JOGA PIĘKNA Online Shop are delivered via InPost parcel machines, InPost Courier, GLS Courier (within the country and abroad). It is also possible to collect in person at the company's headquarters (after prepayment). Deliveries are made within Poland and the EU.
3. Failure to collect the parcel by the buyer - if returned to the sender - will result in the buyer being charged for postage.
4. Delivery of the Digital Product takes place automatically, as soon as the Buyer has confirmed payment. The Digital Product is sent to the email address provided by the Buyer.

IX. SUBSCRIPTION SERVICES

1. The retailer provides a subscription service consisting of providing beauty and health advice for a fee.
2. In order to use subscription services, it is necessary to register an Account.
3. Payment for the Subscription is made on a monthly basis.
4. Payment is made in advance for the selected Billing Period and is non-refundable if the Service is discontinued during the selected Billing Period.
5. A given subscription is bound to the individual customer account under which it was paid. It is not possible to count the paid subscription towards other obligations of the customer or towards obligations of another customer.

X. COMPLAINTS PROCEDURE

1. With regard to Customers who are Consumers or Entrepreneurs on consumer rights, the Seller shall be liable for the non-conformity of the Goods with the contract under the principles set out in Chapter 5b of the Consumer Rights Act.
2. Complaints may be submitted electronically or using the model form provided in the Annex 1 to these Regulations. Complaints can be submitted to: sklep@jogapiekna.com or gabrysia@jogapiekna.com
3. The complaint should specify the reason for its submission, the date of occurrence of the reason justifying the complaint, the demand and the bank account number of the Customer to which the price of the Goods will be refunded in the event that the complaint regarding physical or legal defects is accepted.
4. The Seller shall respond to the claim immediately, no later than within 14 days from the day following the day on which the Customer submitted the claim. If he does not consider the complaint within this period, it is deemed that he has acknowledged the complaint. The Seller shall consider the complaint by e-mail, sent to the e-mail address of the complainant.
5. When making a complaint, the Buyer may request:
   1. replacement or repair of non-conforming Goods
   2. reduce the price or withdraw from the sales contract.
6. The Seller may make a replacement when the Consumer demands a repair, make a repair when the Consumer demands a replacement, if bringing the Goods into conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the contract.
7. If the Consumer, in exercising his warranty rights, has made a declaration of price reduction, the reduction must be in such proportion to the contract price as the value of the non-conforming Goods remains in relation to the value of the conforming Goods.
8. The Seller shall reimburse the Consumer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer's declaration of price reduction.
9. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller is informed by the Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer purchased the Goods.
10. If a Digital Product is not in conformity with the contract, the Consumer may make a declaration to reduce the price or withdraw from the Contract when:
    1. conforming to the contract is impossible or requires unreasonable costs,
    2. The Seller has not brought the Digital Product into conformity with the contract,
    3. the lack of conformity of the Digital Product continues despite the fact that the Seller has tried to bring the Digital Product into conformity with the contract,
    4. the lack of conformity with the contract is such as to justify either a reduction in price or rescission of the contract without first having recourse to conformance,
    5. it is clear from the Seller's statement or the circumstances that the Seller will not bring the Digital Product into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
11. The provisions of the complaints procedure concerning the Consumer shall apply mutatis mutandis to the Entrepreneur on the rights of the Consumer.
12. Customers who are Entrepreneurs are not entitled to warranty rights for defects.

XI. RETURN OF GOODS

1. In the case of a complaint about Goods for the purpose of repair or replacement or in the case of withdrawal from the contract, the Customer is obliged to send back the purchased Goods to the Seller's address.
2. Shipping costs in the case of exchange, return, withdrawal from the contract shall be borne by the Buyer. The parcel should be packed in a way that prevents damage to the returned Goods. The exchange is carried out after the postage costs have been paid.

XII. WITHDRAWAL FROM THE CONTRACT

1. A Customer who is a Consumer, as well as an Entrepreneur on the rights of a Consumer, who has concluded a distance contract via the Online Shop, may withdraw from the contract within 14 days without giving any reason, subject to paragraph 5.
2. In order to comply with the withdrawal period, it is sufficient for the Consumer to send information concerning the exercise of his or her right of withdrawal before the withdrawal period has expired. In such a situation, he may use the template attached as Annex 2 to these Regulations.
3. The period referred to above shall start from the day following the day on which the Goods have been received by the Consumer (date of receipt). Sending the declaration before the expiry of this deadline shall suffice to meet the withdrawal deadline.
4. Effects of withdrawal from the Agreement:
   1. The contract shall be deemed not to have been concluded
   2. The Seller shall reimburse to the Consumer immediately, no later than within 14 days from the date of receipt of the notice of withdrawal from the Agreement, all payments made by the Consumer except for the additional costs incurred by the Consumer resulting from the chosen method of delivery of the Goods other than the cheapest ordinary method of delivery of the Goods offered by the Seller. The Seller may, however, withhold reimbursement until it has received the Goods or the Consumer has provided evidence of their return, whichever event occurs first.
   3. reimbursement shall be made using the same means of payment as those used by the consumer in the initial transaction, unless the consumer has expressly agreed otherwise and without any costs to the consumer
5. Withdrawal from the contract is not possible in the case of a sale:
   1. Digital Products where the Buyer has agreed to perform the contract and to be supplied with the digital content in the form of the chosen Digital Product before the expiry of the withdrawal period. The moment the Buyer agrees to the delivery of the Digital Product is when the payment for the Digital Product has been made,
   2. Hygiene products that, once opened, cannot be returned for health or hygiene reasons. We are referring here to the anti-wrinkle pillows and pillowcases available at the link:
      https://jogapiekna.com/kategoria-produktu/poduszki-antyzmarszczkowe/
      https://jogapiekna.com/kategoria-produktu/poszewki-do-poduszek/
   3. Refunds are not available if the product has been opened and used, as cosmetics, supplements and hygiene products are not returnable, for health and hygiene reasons (Article 38 of the Consumer Rights Act).
6. The provisions concerning the Consumer's right of withdrawal shall apply mutatis mutandis to the Entrepreneur on the rights of the Consumer.

XIII. OUT-OF-COURT DISPUTE RESOLUTION

1. The Seller shall be liable for non-performance or improper performance of the Contract.
2. Disputes arising from the performance of the Contract shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or another arbitration court. The Customer may also use other methods of out-of-court dispute resolution, for example, by submitting his/her complaint via the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL
3. Detailed information concerning the possibility of using out-of-court complaint and redress procedures by the Customer, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Commercial Inspection Inspectorates and at the following internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/
4. If the Customer is not interested in the possibility of using out-of-court dispute resolution, any disputes arising between the Seller and the Customer will be resolved by the competent courts in accordance with the provisions of the relevant provisions of the Polish Code of Civil Procedure.

XIV. PRESALE AND AUTOMATIC PRICE ADJUSTMENT

1. The retailer may conduct pre-sales.
2. Pre-order allows you to place an order and purchase before the release at a special reduced price (pre-order price).
3. The date of availability of pre-sale material can be found in the description of the Pre-sale Product.
4. The pre-sale cannot be combined with other promotions, unless otherwise indicated in the description of the pre-sale offer.
5. Products purchased during the pre-sale shall be fulfilled in the order of the Orders made, in accordance with the following provisions of the Terms and Conditions with regard to cost, method and time of delivery, unless otherwise indicated in the pre-sale offer.
6. The retailer does not apply individual price adjustment on the basis of automated decision-making by customers.

XV. PUBLICATION AND VERIFICATION OF OPINIONS

1. Customers who have made a purchase in the Online Shop and used the purchased Goods are entitled to publish reviews. Posting an opinion is possible at any time.
2. The Vendor obtains feedback by email directly from Customers. Feedback is also obtained from social media, where customers leave feedback and comments on the Vendor's profile, or send in social media messages.
3. The Seller publishes both positive and negative, if any, information from Customers who have purchased from the Shop and used the purchased Goods.
4. The client should formulate opinions in a fair, honest and factual manner.
5. The posting of opinions is prohibited:
   1. without first making a purchase from the Shop;
   2. fulfilling the characteristics of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on Combating Unfair Competition;
   3. which infringes the personal rights of the Seller or a third party;
   4. using vulgarities and other words commonly regarded as offensive;
   5. commissioned by online review service providers.
6. The Seller verifies that the opinions comply with the Terms and Conditions and that they come from Customers who have actually purchased and used the Goods by, among other things::
   1. individual contact with the customer by sending a request for feedback.
   2. a random "manual" check before publishing reviews on the Shop's website.
7. If an opinion is given which does not meet the requirements of these Terms and Conditions, the Seller may refuse to publish it or delete it.
8. Complaints relating to the publication and verification of reviews can be submitted to the Seller's address.
9. When making a complaint, the Seller shall provide in the description of the complaint as much information and circumstances relating to the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details, which will facilitate and accelerate handling of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.
10. The seller shall respond to the complaint immediately, but no later than within 14 days of its submission.
11. The administrator of the personal data of those posting opinions is the Seller.

XVI. PROVISION OF SERVICES BY ELECTRONIC MEANS

1. The Seller provides the following Electronic Services free of charge via the Website:
   1. To enable you to place an Order and conclude a Contract;
   2. enabling the use of the shopping basket;
   3. sharing of data and materials found in the Online Shop;
   4. enabling a message to be sent to the Seller via the contact form available within the Online Shop,
   5. Newsletter service.
2. Technical requirements necessary to cooperate with the information and communication system through which the Seller provides electronic Services:
   1. a PC, Mac or other device capable of using the Website;
   2. Internet access;
   3. access to e-mail;
   4. appropriate software in the form of a web browser.
3. The contract for the provision of services by electronic means with regard to the Newsletter service shall be concluded at the time of commencement of subscription, and with regard to other services at the time of commencement of use of the respective functionality of the Online Shop enabling the use of the respective electronic service.
4. The contract for the provision of an electronic service consisting of the Newsletter service is concluded for an indefinite period of time until the subscription is cancelled. With regard to other electronic services provided via the Online Shop, the contract for the provision of such services is concluded for an indefinite period of time and is terminated as soon as and by the cessation of the use of the given electronic service by the Customer and without the need to make any additional declarations.
5. A Customer who is a Consumer, as well as an Entrepreneur on the rights of a Consumer, may submit a complaint concerning the services provided electronically by the Seller by e-mail or in writing to the postal address.
6. The Seller shall consider a complaint concerning electronically provided services within no more than 14 days from the date of receipt of the complaint, informing you of the outcome without delay.

XII. SECURITY OF PERSONAL DATA

1. The administrator of the Buyer's personal data is the Seller, who has implemented the necessary security measures at his premises in accordance with the applicable legislation.
2. Details of data processing and the use of cookies can be found in the Privacy Policy: https://jogapiekna.com/polityka-prywatnosci/

XIII. FINAL PROVISIONS

1. The Seller reserves the right to make changes to the Terms and Conditions. Customers will be notified of the changes electronically (to the e-mail indicated when registering or ordering). The notification will be sent at least 7 days before the new Terms and Conditions come into effect.
2. Amendments to the Terms and Conditions do not affect the rights of persons who placed Orders or concluded Contracts before the amendments to the Terms and Conditions, which means that the provisions of the Terms and Conditions that were in force on the date of their placement or conclusion respectively shall apply to Orders placed and Contracts concluded before the amendments to the Terms and Conditions. With the exception of a situation when the Consumer deems it less favourable than the current Terms and Conditions and informs the Seller of the choice of the current one as binding.
3. Matters not covered by these Rules shall be governed by generally applicable provisions of Polish law.
4. In the event that certain provisions of these Terms and Conditions should prove to be invalid, ineffective or could be considered as prohibited clauses, then this shall not render the entire Terms and Conditions invalid, but the relevant legal provisions shall apply instead.

ANNEXES

• GOODS CLAIM FORM
• WITHDRAWAL FORM

Terms and conditions effective as of 11.01.2023 (version 3)

Attention! The name "beauty yoga" is reserved.