Before you sign up for the Newsletter, I encourage you to read the terms and conditions for entering into a personal data transfer agreement in exchange for receiving free digital content in the form of emails or free materials.
I. GENERAL PROVISIONS
- The owner of the Site is Marta Kucińska-Bielecka
- Contact: e-mail: firstname.lastname@example.org
- Through the Site https://jogapiekna.com/ 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), which involves the payment of personal data.
- The Regulations also apply to all websites or services that reference them.
For the purposes of these Regulations, the following meanings of the following terms are adopted:
Administrator – Marta Kucińska-Bielecka running a company under the name of Yoga Beautiful Marta Kucińska-Bielecka based in Lodz, Poland.
Material or Free Material – digital content made available to the User by the Administrator in exchange for subscribing to the Newsletter subscriber list. In particular, the free material can be a pdf guide or an e-book.
Form – an interactive form available on the Site https://jogapiekna.com/ for signing up for the Newsletter and obtaining Materials.
Consumer – a natural person who enters into an agreement with the Administrator that is not directly related to his/her business or professional activity. The consumer is also a User.
Newsletter – e-mail messages constituting digital content, containing information about products, services, news and promotions offered by the Administrator sent to the User’s e-mail address.
Entrepreneur on consumer rights – a natural person who enters into a contract with the Administrator directly related to his/her business activity, when the content of this contract shows that it does not have a professional character 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. A businessman on the rights of a consumer is also a User.
Terms and Conditions – these Terms and Conditions defining the general terms and conditions for concluding an agreement for the provision of Digital Content in the form of Materials.
Website – a website available at https://jogapiekna.com/ and with sub-pages within the designated domain.
Digital environment – 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 out the Form and thus enters into an agreement with the Administrator for the provision of Digital Content in the form of Materials.
III. TECHNICAL REQUIREMENTS
- In order to use Digital Content, it is necessary to meet the minimum technical requirements, i.e.:
– A computer, laptop or other multimedia device with Internet access;
– email access;
– Current web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; or Microsoft Edge;
- The Administrator shall not be responsible for the lack of contractual compliance of the Digital Content if the User’s digital environment is not compatible with the technical requirements, which the Administrator informed the User about in a clear and understandable manner before concluding the contract.
IV. ORDER AND DELIVERY OF MATERIAL
- Through the Site, the Administrator allows 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.
- If the User does not wish to consent to the Newsletter being sent to him/her by completing the Subscription Form, he/she may purchase the material offered as part of the Newsletter subscription, i.e. guide 10 rules for a beautiful and youthful appearance, which you can apply immediately at the price indicated by the Administrator. For this purpose, the User should contact the Administrator by sending him an e-mail message.
- After completing the Enrollment Form, the User will receive a message to the email address provided with a link to confirm the enrollment (double opt in). Failure to confirm the subscription will result in inability to receive Free material and emails sent by the Administrator.
- Confirmation of subscription to the Newsletter implies the conclusion of an agreement for the delivery of Digital Content.
- The Administrator shall provide the Digital Content in the form of Free material immediately after the conclusion of the contract, unless otherwise indicated on the recording page. Digital content shall be deemed delivered when the digital content or the means that allows access to or downloading of the digital content has been made available to the consumer or to a physical or virtual device that the consumer has independently selected for this purpose, or when the consumer, or such device, has accessed it.
- It is prohibited to send unlawful content via the Form.
- The contract for the provision of Digital Content is concluded for an indefinite period of time.
V. COPYRIGHT AND INTELLECTUAL PROPERTY
- All materials made available within the Newsletter, including Free materials constitute works within the meaning of the Act of February 4, 1994. on Copyright and Related Rights and are subject to legal protection, which the User accepts by accepting the Terms and Conditions.
- The Administrator grants the User a non-exclusive, non-transferable, non-sublicenseable license to use the Free Materials.
- The User under the contract is authorized to use the Free Materials only for his own purposes, without territorial restrictions, in the following fields of exploitation:
– In terms of recording of the work – recording by digital technique – fixation by digital processing,
– Print for your own use of materials in pdf format. and doc. and docx..,
– recording by digital method, modifications for their own use to the extent indicated in the relevant instructions or comments, such as on their own hard drive.
- The license referred to above is valid for the duration of the contract for the provision of Free Materials. 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.
- It is forbidden to take any action that aims to infringe the Administrator’s rights, in particular, it is forbidden to further copy, duplicate, record or distribute Free materials without the consent of the Administrator or other authorized entities
- Any dissemination of Free Materials or any other Digital Content provided by the Administrator within the Newsletter is a violation of the law and may give rise to civil or criminal liability.
- The user may unsubscribe from the Newsletter at any time by cancelling the subscription by using the link “Unsubscribe” or a similar-sounding one, located in the body of each Newsletter message or by sending an email to: email@example.com.
- A Consumer and an Entrepreneur on the rights of a Consumer may withdraw from the Contract for the provision of Digital Content within 14 days of its conclusion, without stating a reason. Sufficient in this regard is the relevant information provided to the Administrator. Withdrawal from the contract also means cancellation of the Newsletter.
- The consumer may withdraw from the contract for the provision of digital content in the form of Free materials within 14 days of its conclusion, without stating a reason. Sufficient in this regard is the relevant information provided to the Administrator. Withdrawal from the contract also means cancellation of the Newsletter.
- The User may unsubscribe from the Newsletter at any time, irrespective of withdrawal from the contract by clicking on the type link provided for this purpose in the body of each message sent within the Newsletter.
- The warranty for defects referred to in the Civil Code is excluded with respect to a User other than a Consumer. In the case of a Consumer, the provisions of the Consumer Rights Act shall apply with regard to liability for the conformity of Free Materials with the contract.
- The free materials are for educational purposes only, and do not constitute or replace individual advice.
- The Administrator is obliged to provide the Consumer with Free material in accordance with the contract. Conformity with the contract is assessed in light of the provisions of the Consumer Rights Law.
- The Administrator shall be liable for the non-conformity of Free materials with the contract, which existed at the time of their delivery and became apparent within two years from that time. Non-compliance that became apparent before the expiration of one year from the time of delivery of the Free Materials shall be presumed to have existed at the time of delivery.
- If the Free materials do not comply with the contract, the Consumer may demand to bring them into conformity with the contract.
- If the Free materials do not comply with the contract, the Consumer may submit a statement of withdrawal from the contract when:
– to bring the Materials into conformity with the contract is impossible or requires excessive costs,
– The Administrator has not brought the Materials into compliance with the contract,the lack of compliance of the Materials with the contract continues, even though the Administrator has tried to bring the Materials into compliance with the contract,
– the lack of compliance of the Materials with the contract is so significant as to justify withdrawal from the contract without first availing oneself of the measure of protection set forth in § 5 para. 7 of the Regulations,
– it is clear from the Administrator’s statement or circumstances that it will not bring the Materials into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
- In the event of non-conformity of the Materials with the contract, the Consumer may file a complaint via e-mail.
- The Administrator shall consider complaints within 14 days of delivery of the complaint.
- The warranty rights regulated in this paragraph also apply to the Entrepreneur on the rights of the consumer.
VIII. OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND INVESTIGATING CLAIMS
- The Administrator agrees to submit any disputes arising in connection with concluded contracts to mediation. Details will be determined by the conflicting parties.
- The consumer has the opportunity to use out-of-court means of handling complaints and claims. Among other things, the Consumer has the opportunity to:
– to apply to a permanent amicable consumer court to resolve a dispute arising from the contract;
– to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute;
– use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- For more detailed information on out-of-court ways of handling complaints and claims, the consumer can look for at http://polubowne.uokik.gov.pl
- Consumers 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 businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.
IX. PERSONAL DATA AND COOKIES
- The Administrator is the administrator of the User’s personal data.
- 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.
- Your personal data is processed for the following purposes:
– To conclude and perform a contract for the provision of digital content in the form of Materials pursuant to Art. 6 paragraph. 1(b) RODO;
– possible defense, establishment or enforcement of claims related to the contract on the basis of Art. 6 paragraph. 1(f) RODO;
– Sending e-mails on the basis of expressed consent – Art. 6 paragraph. 1(a) RODO;
– Analysis of statistics related to sending the Newsletter on the basis of Art. 6 paragraph. 1(f) RODO;
– Marketing of its own products or services on the basis of Art. 6 paragraph. 1(f) RODO.
- The data will be deleted after the expiration of the statute of limitations for claims related to the contract and the expiration 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.
- The Administrator may entrust the processing of personal data to third parties on the basis of a personal data processing entrustment agreement.
- In connection with the processing of personal data, the User shall have the following rights contained in Art. 15- 21 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 connection with my personal data processing.
X. FINAL PROVISIONS
- Contracts concluded through the Site shall be concluded in the Polish language and in accordance with Polish law.
- If any provision of the Terms and Conditions is found to be invalid in whole or in part, the remaining provisions shall remain in effect. The Administrator and the User undertake to replace the invalid provisions with provisions whose legal force and economic effect are most similar to the provisions being replaced.
- Any disputes related to the Site shall be considered by the Polish common court having jurisdiction over the Administrator’s registered office or permanent place of business. This provision does not apply to Consumers and Entrepreneurs on the rights of consumers, for whom the jurisdiction of the court is considered under the general rules.
- The Administrator reserves the right to make changes to the Terms and Conditions for important reasons, including but not limited to. changes in laws directly affecting the content of the Terms and Conditions, being subject to legal or regulatory obligations, changes in the scope or form of electronic services provided, protection of the Site against fraud, malware, spam, data breaches or other cyber security threats, to the extent that these changes affect the implementation of the Terms and Conditions.
- To contracts concluded before the effective date of the amended provisions of the Regulations, the Regulations in effect at the time of conclusion of the contract shall apply.
- The Administrator shall inform about changes to the Terms and Conditions by publishing the content on the Site and through the Newsletter.
The Regulations as amended (version 1) are effective as of 11.01.2023.