Before you sign up for the Newsletter, I encourage you to read the terms and conditions of the personal data transfer agreement in exchange for receiving free digital content in the form of emails or free materials.

I. GENERAL PROVISIONS

1. The Website is owned by Marta Kucińska-Bielecka
2. Kontakt: e-mail: marta@jogapiekna.com
3. Via the https://jogapiekna.com/ website and its sub-sites, electronic services are provided, including the Newsletter, and it is possible to conclude a contract for the provision of digital content (lead magnet), whereby payment with personal data is made.
4. The Terms and Conditions also apply to all websites or services that make reference to them.

II. DEFINITIONS

For the purposes of these Regulations, the following terms shall have the following meanings:

Administrator - Marta Kucińska-Bielecka running a company under the name Joga Piękna Marta Kucińska-Bielecka based in Łódź.

Material or Free Material - digital content made available to the User by the Administrator in exchange for subscription to the Newsletter subscriber list. The free material may be, in particular, a pdf guide or an e-book. 

Form - the interactive form available on the Site https://jogapiekna.com/ for subscribing to the Newsletter and obtaining Materials.

Consumer - a natural person who enters into an agreement with the Administrator which is not directly related to his/her commercial or professional activity. A consumer is also a User.

Newsletter - e-mails constituting digital content containing information about products, services, news and promotions offered by the Administrator sent to the User's e-mail address.

Trader with consumer rights - a natural person concluding a contract with the Administrator directly related to his/her business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. An entrepreneur on consumer rights is also a User.

Regulations - these Terms and Conditions which set out the general terms and conditions for the conclusion of a contract for the supply of Digital Content in the form of Materials. 

Website - website available at https://jogapiekna.com/ and with sub-pages within the designated domain.

Digital environment - the computer hardware, software and network connections used by the consumer to access or use the Digital Content or Digital Service.

Digital content - data produced and delivered in digital form.

User - a natural person who fills in the Form and who thereby concludes an agreement with the Administrator for the supply of Digital Content in the form of Materials.

III. TECHNICAL REQUIREMENTS

1. In order to use the Digital Content, it is necessary to meet the minimum technical requirements, i.e.:
   - a computer, laptop or other multimedia device with Internet access;
   - access to e-mail;
   - current web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; or Microsoft Edge;
   - access to a standard, up-to-date web browser with cookies and Javascript enabled.
2. The Administrator shall not be liable for the lack of contractual compliance of the Digital Content if the User's digital environment is not compatible with the technical requirements of which the Administrator informed the User in a clear and understandable manner prior to the conclusion of the contract.

IV. ORDERING AND DELIVERY OF MATERIAL

1. Through the Site, the Administrator enables the User to conclude an agreement for the provision of Digital Content in the form of Free Materials for which the User does not pay a fee.
2. In order to effectively conclude an agreement for the provision of Digital Content, the User fills in the Form, thereby subscribing to the list of subscribers maintained by the Administrator. The User provides his/her personal data indicated in the Form, i.e.: first name (optional) and e-mail address, and accepts the privacy policy and Terms and Conditions by ticking the checkbox.
3. If the User does not wish to consent to receive the Newsletter by filling in the Subscription Form, he/she may purchase the material offered within the Newsletter subscription, i.e. the guide 10 rules of beautiful and young appearance which you can apply immediately at the price indicated by the Administrator. In order to do so, the User should contact the Administrator by sending him an e-mail message.
4. After completing the Subscription Form, the User will receive a message to the email address provided with a link to confirm the subscription (double opt in). Failure to confirm the subscription will result in the inability to receive Free Material and emails sent by the Administrator.
5. Confirmation of subscription to the Newsletter implies the conclusion of a contract for the provision of Digital Content.
6. The Administrator shall deliver the Digital Content in the form of Free Material immediately after the conclusion of the contract, unless otherwise indicated on the recording page. The Digital Content shall be deemed to have been delivered when the Digital Content, or a means which allows access to the Digital Content or the downloading of the Digital Content, has been made available to the consumer or to a physical or virtual device which the consumer has independently selected for that purpose, or when the consumer, or such device, has accessed it.
7. The sending of unlawful content via the Form is prohibited.
8. The contract for the provision of Digital Content is concluded for an indefinite period.

V. COPYRIGHT AND INTELLECTUAL PROPERTY

1. All materials made available within the Newsletter, including Free Materials, constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and are subject to legal protection, which the User accepts by accepting the Terms and Conditions.
2. The Administrator grants the User a non-exclusive, non-transferable licence, without the right to grant sub-licences, to use the Free Materials.
3. The User is contractually entitled to use the Free Materials for his/her own purposes only, without territorial restrictions, in the following fields of exploitation:
   - with regard to the recording of the work - digital recording - fixation by digital processing,
   - print for your own use the materials in pdf. and docx,
   - digital recording, modifications for your own purposes to the extent indicated in the relevant instructions or comments, e.g. on your own hard disk.
4. The licence referred to above is valid for the duration of the agreement to make the Free Materials available. Upon unsubscribing from the list of subscribers maintained by the Administrator, the User loses the right to access and use the Free Materials provided by the Administrator under the agreement.
5. Any action aimed at infringing the Administrator's rights is prohibited, in particular further copying, duplication, recording or dissemination of the Free Materials without the consent of the Administrator or other authorised entities.
6. Any dissemination of Free Materials or any other Digital Content made available by the Administrator as part of the Newsletter constitutes an infringement of the law and may give rise to civil or criminal liability.

VI. WITHDRAWAL FROM THE CONTRACT 

1. Użytkownik może w każdej chwili zrezygnować z otrzymywania Newslettera poprzez anulowanie subskrypcji poprzez użycie linku „Anuluj subskrypcję” lub analogicznie brzmiącego, znajdującego się w treści każdej wiadomości Newslettera lub wysyłając mail na adres: marta@jogapiekna.com
2. A Consumer and an Entrepreneur on the rights of a Consumer may withdraw from the Agreement for the provision of Digital Content within 14 days of its conclusion, without stating the reason. Appropriate information provided to the Administrator is sufficient in this respect. Withdrawal from the Agreement also means resignation from receiving the Newsletter.

VII. COMPLAINTS

1. A consumer may withdraw from an agreement for the provision of digital content in the form of Free Materials within 14 days of its conclusion without stating a reason. An appropriate notice given to the Administrator is sufficient in this regard. Withdrawal from the agreement also means resignation from receiving the Newsletter.
2. The User may unsubscribe from the Newsletter at any time, irrespective of the withdrawal from the contract, by clicking on the type link provided for this purpose in the body of each message sent within the Newsletter.
3. The warranty for defects referred to in the Civil Code is excluded in relation to a User other than a Consumer. In the case of a Consumer, the provisions of the Consumer Rights Act shall apply to the liability for the conformity of the Free Materials with the contract.
4. The free material is for educational purposes only and does not constitute or replace individual advice.
5. The Administrator is obliged to provide the Free Material to the Consumer in accordance with the contract. Conformity with the contract shall be assessed in the light of the provisions of the Consumer Rights Act.
6. The Administrator shall be liable for the non-conformity of the Free Materials with the contract that existed at the time of delivery and became apparent within two years of that time. Any non-conformity that becomes apparent before one year has elapsed from the time of delivery of the Free Materials shall be presumed to have existed at the time of delivery.
7. If the Free Materials are not in conformity with the contract, the Consumer may demand that they be brought into conformity with the contract.
8. If the Free Materials are not in conformity with the contract, the Consumer may submit a declaration of withdrawal when:
   - bringing the Materials into conformity with the contract is impossible or requires unreasonable costs,
   - The Administrator has failed to bring the Materials into conformity with the contract, the lack of conformity of the Materials with the contract continues even though the Administrator has tried to bring the Materials into conformity with the contract,
   - the lack of conformity of the Materials with the contract is so significant that it justifies the withdrawal from the contract without first making use of the remedy specified in § 5 paragraph 7 of the Terms and Conditions,
   - it is clear from the Administrator's statement or circumstances that he will not bring the Materials into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer.
9. In the event of non-conformity of the Materials with the contract, the Consumer may lodge a complaint by e-mail.
10. The administrator shall consider complaints within 14 days of the complaint being delivered.
11. The warranty rights regulated in this paragraph shall also apply to the Entrepreneur in his/her capacity as a consumer.

VIII. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

1. The administrator agrees to submit any disputes arising in connection with the concluded contracts to mediation proceedings. The details will be determined by the conflicting parties.
2. The Consumer has the possibility to make use of out-of-court complaint and redress procedures. Among other things, the Consumer has the possibility to:
   - apply to a permanent amicable consumer court for the settlement of a contractual dispute;
   - apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute;
   - seek the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
3. For more detailed information on out-of-court complaint and redress procedures, the consumer can visit http://polubowne.uokik.gov.pl.
4. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.

IX. PERSONAL DATA AND COOKIES

1. The Administrator is the administrator of the User's personal data.
2. The provision of personal data by the User in the Form is voluntary but necessary for the conclusion of the Contract for the provision of digital content.
3. Your personal data is processed for the following purposes:
   - the conclusion and performance of a contract for the provision of digital content in the form of Materials on the basis of Article 6(1)(b) of the RODO;
   - the possible defence, establishment or assertion of contractual claims on the basis of Article 6(1)(f) of the DPA;
   - the sending of e-mails on the basis of expressed consent - Article 6(1)(a) RODO;
   - analysis of statistics related to the sending of the Newsletter on the basis of Article 6(1)(f) RODO;
   - Marketing of its own products or services on the basis of Article 6(1)(f) of the RODO.
4. The data will be deleted after the expiry of the limitation period for contractual claims and the expiry of the period by which the Administrator may be subject to inspection by a supervisory authority regarding the legality of the Newsletter activities carried out.
5. The Controller may entrust the processing of personal data to third parties on the basis of a personal data processing entrustment agreement.
6. In relation to the processing of personal data, the User has the following rights contained in Articles 15 to 21 of the RODO:
   - The right to request access to your personal data, rectification, erasure or restriction of processing;
   - The right to object to processing;
   - the right to data portability;
   - The right to withdraw your consent to the processing of personal data for a specific purpose if you have previously given such consent;
   - The right to lodge a complaint with a supervisory authority in relation to my personal data processing.
7. The website uses cookies. You can find all the information regarding the processing of personal data and cookies in the Privacy Policy. You can read the Privacy Policy by clicking on the link: https://jogapiekna.com/polityka-prywatnosci/

X. FINAL PROVISIONS 

1. Contracts concluded through the Site shall be concluded in the Polish language and in accordance with Polish law.
2. If any provision of the Terms of Use is found to be invalid in whole or in part, the remaining provisions shall remain in force. The Administrator and the User undertake to replace the invalid provisions with provisions whose legal force and economic effect are the closest to the provisions being replaced.
3. Any disputes related to the Site will be reviewed by a Polish common court with jurisdiction over the Administrator's registered office or permanent place of business. This provision does not apply to Consumers and Entrepreneurs on consumer rights, for whom the court's jurisdiction is considered under general rules.
4. The Administrator reserves the right to make changes to the Terms and Conditions for important reasons, including, but not limited to, changes to the law directly affecting the content of the Terms and Conditions, being subject to legal or regulatory obligations, changes to the scope or form of the electronic services provided, protection of the Website against fraud, malware, spam, data breaches or other cyber security threats, to the extent that these changes affect the implementation of the provisions of the Terms and Conditions.
5. Contracts concluded prior to the effective date of the amended provisions of the Regulations shall be governed by the Regulations in force at the time of conclusion of the contract.
6. The Administrator shall inform about changes to the Terms and Conditions by publishing the content on the Site and via the Newsletter.

The Regulations as amended (version 1) are effective as of 11.01.2023.