The Regulations set out the rules for making sales through the online store JOGA BEAUTIFUL, in particular, the rules for placing orders, payment, withdrawal from the contract, complaint procedure.
BEAUTIFUL YOGA Marta Kucińska-Bielecka
Street. Legionów 119, 91-073 Łódź
NIP: 7271470454, REGON: 473239810
tel. +48 601 154 084
- Subscription – payment for the use of subscription services selected by the Customer, monthly.
- Business day – a day from Monday to Friday excluding public holidays.
- Customer/Purchaser – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to his/her business or professional activity.
- Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
- Customer account – a subpage of the online store, where the customer can update his data, change his access password and check the status of the order.
- Shopping cart – functionality of the online store, consisting in particular in enabling easy purchase of Goods allowing to view their name, quantity, value, cost of delivery and cost of the total order.
- Settlement Period – the period of the month of billing for services provided in subscription mode.
- Digital product – anything that can be downloaded to 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.
- Pre-sale – Goods that are not available at the time of placing an Order. The expected start of availability of the Pre-Sale is specified each time on the card of the Goods marked as Pre-Sale. Whenever Goods are referred to in the Terms and Conditions, this includes Pre-Sales, unless the wording of a provision indicates otherwise.
- Entrepreneur on consumer rights – an individual who enters into a contract directly related to his or her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- Seller – JOGA PIĘKNA Marta Kucińska-Bielecka registered in the Central Register of Business Activity and Information (CEIDG) NIP: 7271470454, REGON: 473239810 with its registered office in Łódź, at ul. Legion 119.
- Terms and Conditions – these regulations defining the general conditions of sale, as well as the rules for the provision of electronic services by the Seller.
- General Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of individuals 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).
- Store – YOGA BEAUTY online store available at https://jogapiekna.com/
- Contract – a contract of sale of Goods concluded or entered into between the Customer and the Seller.
- Contract for the provision of Digital Content or Digital Services – a contract concluded using means of distance communication and concerning the provision of Digital Content or Digital Services by the Seller to the Customer against payment of a price.
- Agreement concluded at a distance – an agreement concluded with the Customer within an organized system of concluding agreements at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the agreement.
- Goods – a movable item presented in the Store, which is the subject of a sales contract between the Buyer and the Seller.
- Digital content – data produced and delivered in digital form.
- Electronic service – a service provided electronically by the Service Provider to the Customer through the Online Store.
- Defect – both a physical defect , and a legal defect.
- Physical defect – non-conformity of the sold thing with the contract, and in particular if the thing:
- it does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
- does not have properties, the existence of which the Seller assured the Consumer,
- is not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
- was delivered to the Consumer in an incomplete state;
- in the event of improper installation and commissioning of it, if these actions were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
- it does not have the characteristic that was assured by the manufacturer or its representative or the person who places the thing on the market in the scope of his business activity and the person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, unless the Seller did not know or, judging reasonably, could not know these assurances or they could not have influenced the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
- Legal defect – the circumstance when the thing sold is owned by a third party or encumbered by a third party’s right, and also if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
II. GENERAL CONDITIONS
- YOGA BEAUTIFUL store located at https://jogapiekna.com/ sells digital and physical products on current offer.
- The Terms and Conditions are an integral part of the Agreement, which is concluded by purchasing the Goods or Digital Product offered in the Store.
- As a condition of purchase, the Buyer must accept the Terms and Conditions.
- The buyer in order to make a purchase can create a Customer Account, as well as make a purchase without registering an account. The account is established 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 required.
III. RIGHTS AND OBLIGATIONS OF THE BUYER
- The buyer is obliged to:
- not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
- Use of the Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Store,
- Use of the Store in a manner that is not onerous for other Buyers and for the Seller,
- use any content posted within the store only for your own personal use,
- use of the Store in a manner consistent with the laws in force in the territory of the Republic of Poland provisions of the Rules of Procedure, as well as with the general principles of social intercourse.
- Upon purchase of a Digital Product, a non-exclusive and non-transferable license is granted for the period indicated in the Digital Product description sheet. The Buyer has the right to use the purchased Product only for personal use or in the course of the business in connection with which he made the purchase by publishing on his website or store in accordance with its intended use.
- The Buyer is obliged to use the purchased Digital Product in accordance with the license granted.
- The customer is obliged to comply with the terms of this license. The license does not include subsidiary rights, as well as the right to sublicense. The purchased Product may not be resold, distributed or sold commercially. Sharing login credentials with unauthorized persons who have not made a purchase is a violation of the Seller’s copyright.
- Violation of the license rules will result in the blocking of access to the customer’s Account and the possibility for the Seller to pursue claims of copyright infringement.
IV. PRICE, PAYMENT METHODS
- Orders can be placed seven days a week, twenty-four hours a day. The prices are given including VAT in Polish zloty. Payment is made through:
- Traditional transfer, cash on delivery – for physical products,
- PayU, PayPal, ING imoje, traditional transfer – for physical and digital products.
- Prices do not include shipping costs, which are highlighted during the ordering of a specific Item.
- The price of the Goods is binding after the Seller confirms the receipt of the order placed by the Buyer, and from the moment the execution of the order is triggered, the price will not change regardless of changes in the prices in the Store that may occur for individual Goods during the execution of a specific order.
V. ONLINE COURSES AND ONLINE WORKSHOPS
- Online courses and online workshops constitute Digital Content within the meaning of Art. 2(5) and Art. 38 point 13 on consumer rights.
- Intellectual Property Rights.
The Seller hereby instructs the Buyer that the content available on the Site and digital content sold through the Site may constitute works within the meaning of the Act of February 4, 1994. on copyright and related rights, the copyright of which is held by the Seller.
The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the Seller’s permission, except for use of the content under permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.
- 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.
- The customer can change the password at any time.
- Course materials will be available immediately in the online course panel. If the customer cannot run the file, he should contact the Vendor.
- Access to the online course or online workshop is granted for the period indicated in the description sheet of the Digital Product. The deadline is counted from the date you receive access to the online course, unless otherwise stated on the Digital Product page.
- If the online courses or workshops do not comply with the contract, the consumer may demand to bring them into conformity with the contract
VI. ONLINE CONSULTATIONS
- Online consultation is a service within the meaning of Art. 38 point 1 on consumer rights.
- Within the framework of the contract concluded in accordance with the provisions of these Regulations, the Vendor provides the Customer with a service in the form of a purchased online consultation, which takes place via remote communication devices, i.e. Skype or Zoom.
- The purchase of an online consultation is confirmed by a message sent to the client’s email address.
- The online consultation is carried out by appointment with the client by phone.
- The consultation must be used within 3 months from the date of purchase.
- The consumer and the Entrepreneur on the rights of the consumer, agreeing to perform the service in full before the deadline for withdrawal, will thus lose the right to withdraw from the contract.
VII. PLACING AND CONFIRMING AN ORDER
- The buyer places an order:
- selecting one or more items of the range of Goods offered
- providing your name, address, e-mail address, contact phone number
- stating the method and address for service
- by selecting a payment method
- The buyer is automatically informed that the order has been accepted for processing.
- An order is considered to have been placed if the form contains all the data that allows proper identification of the order and the buyer, including the buyer’s telephone number and e-mail.
- The conclusion of the sales contract occurs when payment is made.
- Proof of purchase is a fiscal receipt or VAT invoice, upon request. If you do not have proof of purchase or rectification of data, please report it by sending us an email to: firstname.lastname@example.org
- Seller reserves the right to reject an order when:
- the form was filled out incorrectly, making it impossible to complete the order
- has not been paid into the account within 7 working days
- The shipment was not received by the Buyer.
VIII. EXECUTION OF THE ORDER
- Immediately upon confirmation of receipt of a placed order, the seller proceeds to process it. 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 package) – up to 5 working days.
- Goods ordered from the JOGA BEAUTY Online Store are delivered via InPost parcel machines, InPost Courier, GLS Courier (within the country and abroad). It is also possible to pick up in person at the company’s headquarters (after prepayment). Deliveries are made within Poland and the EU.
- Failure to pick up the package by the Buyer – if returned to the sender, will result in the Buyer being charged for shipping.
- Delivery of the Digital Product is automatic, as soon as the Buyer confirms payment. The digital product is sent to the email address provided by the Buyer.
IX. SUBSCRIPTION SERVICES
- The vendor provides subscription services consisting of providing beauty and health advice for a fee.
- For the use of subscription services it is necessary to register an Account.
- Subscription payment is made monthly.
- Payment is made in advance for the selected Billing Period and is non-refundable if the Service is discontinued during the selected Billing Period.
- A given Subscription is associated each time with the individual Customer account under which it was settled. No possibility of crediting the paid subscription to other obligations of a given customer or to the obligations of another.
X. COMPLAINT PROCEDURE
- With regard to Customers who are Consumers or Entrepreneurs on consumer rights, the Seller shall be liable for non-compliance of the Goods with the contract under the terms of Chapter 5b of the Law on Consumer Rights.
- Complaints may be submitted electronically or using the sample form attached hereto as Appendix 1. Complaints can be submitted to: email@example.com or firstname.lastname@example.org
- The complaint should specify the reason for its submission, the dates of occurrence of the reason justifying the complaint, the demand and the Customer’s bank account number, to which the price of the Goods will be refunded if the complaint regarding physical or legal defects is accepted.
- The Seller will respond to the complaint request immediately, but no later than within 14 days counted from the day following the day on which the Customer submitted the complaint. If he does not process the complaint within this period, he is considered to have accepted the complaint. The seller will process the complaint by e-mail, sent to the complainant’s e-mail address.
- When filing a complaint, the Buyer may demand:
- replacement or repair of nonconforming Goods
- Reduce the price or cancel the sales contract.
- The Seller may make an exchange when the Consumer requests a repair, make a repair when the Consumer requests a replacement, if bringing the Goods into conformity with the contract in the manner 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.
- If the Consumer, exercising warranty rights, made a statement of price reduction, the reduction must be in such proportion to the contract price as the value of the non-conforming Goods remains to the value of the conforming Goods.
- The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on price reduction.
- The Seller shall repair or replace within a reasonable time from the moment it was informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account the specifics of the Goods and the purpose for which he purchased them.
- If the Digital Product is not in conformity with the contract, the Consumer may submit a statement of price reduction or withdrawal from the Contract when:
- to bring it into conformity with the contract is impossible or requires excessive costs,
- The seller failed to bring the Digital Product into conformity with the contract,
- the lack of conformity of the Digital Product with the contract continues to exist, despite the fact that the Seller tried to bring it into conformity with the contract,
- the lack of conformity with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first taking advantage of bringing it into conformity with the contract,
- it is clear from the Seller’s statement or circumstances that he will not bring the Digital Product into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
- The provisions of the complaint procedure for the Consumer shall apply mutatis mutandis to the Entrepreneur on the rights of the Consumer.
- Customers who are Entrepreneurs are not entitled to warranty rights for defects.
XI. RETURN OF GOODS
- In the event of a complaint about the Goods for repair or replacement, or in the event of withdrawal from the contract, the Customer is obliged to send back the purchased Goods to the Seller’s address.
- Shipping costs in the case of exchange, return, withdrawal from the contract are paid by the Buyer. The parcel should be packed in a way that prevents damage to the returned Goods. Implementation of the exchange is carried out after payment of shipping costs.
- In the case of an exchange of Goods, the Customer shall inform about it by e-mail, at the same time providing the address to which the exchanged (new) Goods should be sent.
- A customer who is a Consumer, as well as an Entrepreneur on the rights of a Consumer, who has concluded a distance contract through the Online Store, may withdraw from the contract within 14 days without giving any reason, subject to paragraph. 5.
- In order to comply with the deadline for withdrawal, it is sufficient for the Consumer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal. In such a situation, it may use the template attached hereto as Appendix 2.
- The time limit referred to above shall start from the day following the day on which the Goods were received by the Consumer (date of receipt). To meet the deadline for withdrawal from the Agreement it is sufficient to send the statement before the deadline.
- Effects of withdrawal from the Agreement:
- The contract is considered not concluded
- The Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the declaration 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 offered by the Seller. However, the Seller may withhold reimbursement until the Goods are received or the Consumer provides proof of return, whichever event occurs first.
- the return of the payment shall be made using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer
- Withdrawal from the contract is not allowed in the case of sales:
- Digital Products, if the Buyer has agreed to perform the contract and provide him with the digital content in the form of the selected Digital Product before the deadline for withdrawal. The moment when the Buyer agrees to the delivery of the digital product is when payment for the digital product is made,
- Hygienic products that, once opened, cannot be returned for health or hygiene reasons. We are talking about the anti-wrinkle pillows and pillowcases available at the link:
- The provisions on the right of the Consumer to withdraw from the contract shall apply mutatis mutandis to the Entrepreneur on the rights of the Consumer.
XIII. OUT-OF-COURT DISPUTE RESOLUTION
- The Seller shall be liable for non-performance or improper performance of the Contract.
- Disputes arising from the execution of the Agreement shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or other arbitration court. The customer may also use other methods of out-of-court dispute resolution, such as filing his complaint through the EU online ODR platform, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL
- Detailed information on the possibility for the Customer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/
- In the absence of interest on the part of the customer in the possibility of using out-of-court means of dispute resolution, the settlement of any disputes arising between the seller and the customer, will be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Polish Code of Civil Procedure.
XIV. PRE-SALES AND AUTOMATIC PRICE MATCHING
- The vendor may conduct pre-sales.
- Pre-order allows you to place an order and purchase before the release at a special discounted price (pre-order price).
- The date of availability of pre-sale materials can be found in the description of the Pre-sale Product.
- Pre-sale may not be combined with other promotions, unless otherwise indicated in the description of the pre-sale offer.
- The Products purchased during the pre-sale shall be delivered in the order of the Orders made, in accordance with the following provisions of the Terms and Conditions regarding the cost, method and date of delivery, unless otherwise indicated in the pre-sale offer.
- The Seller does not apply individual price adjustment on the basis of automated decision-making by Customers.
XV. PUBLICATION AND VERIFICATION OF OPINIONS
- Customers who have made a purchase from the Online Store and used the purchased Goods are entitled to publish reviews. Posting an opinion is possible at any time.
- The vendor obtains feedback via 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.
- The Seller publishes both positive and negative, if any, from Customers who purchased from the Store and used from the purchased Goods.
- The client should formulate opinions in a fair, honest and factual manner.
- It is forbidden to post opinions:
- Without first making a purchase in the Store;
- Fulfilling the elements of an act of unfair competition within the meaning of Art. 3 of the Law of April 16, 1993. On combating unfair competition;
- violating the personal rights of the Seller or a third party;
- Using vulgarities and other words commonly considered offensive;
- prepared on commission by companies providing online opinion services.
- The Seller verifies the compliance of opinions with the Terms and Conditions and whether they come from Customers who actually purchased and used the Goods by, among other things::
- Individual contact with the customer by sending a request for feedback.
- random “manual” checking before publishing reviews on the Store’s website.
- In case of providing an opinion that does not meet the requirements of the Regulations, the Seller may refuse to publish it or remove it.
- Complaints related to the publication and verification of reviews can be submitted to the address of the Seller.
- When submitting a complaint, provide in the description of the complaint as much information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact information, which will facilitate and accelerate the processing of the complaint by the Seller. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
- The seller will respond to the complaint immediately, no later than 14 days from the date of submission.
- The administrator of personal data of those who publish opinions is the Seller.
XVI. PROVISION OF ELECTRONIC SERVICES
- The Seller provides the following Electronic Services free of charge via the Website:
- Enabling you to place an Order and conclude a Contract;
- Enabling the use of the Shopping Cart;
- sharing of data and materials, located in the Online Store;
- Enabling you to send the Seller a message via the contact form available within the Online Store,
- Newsletter service.
- Technical requirements necessary for cooperation with the information and communication system, through which the Seller provides electronic Services:
- PC, Mac or other device that allows you to use the Service;
- Internet access;
- email access;
- appropriate software in the form of a web browser.
- 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 given functionality of the Online Store enabling the use of a particular electronic service.
- The service for the provision of an electronic service consisting of the Newsletter service is concluded for an indefinite period of time until cancellation of the subscription. With regard to other electronic services provided through the Online Store, the contract for the provision of such services is concluded for an indefinite period of time and is terminated when and by the cessation of use of the electronic service in question by the Customer and without the need for additional declarations.
- A customer who is a Consumer, as well as an Entrepreneur on the rights of a Consumer, may file a complaint regarding services provided electronically by the Seller by e-mail or in writing to the postal address.
- The Seller will consider a complaint regarding services provided electronically within no more than 14 days from the date of receipt, immediately informing of the results.
XII. SECURITY OF PERSONAL DATA
- The administrator of the Buyer’s personal data is the Seller, who has implemented the necessary security measures at his company in accordance with applicable regulations.
XIII. FINAL PROVISIONS
- The Seller reserves the right to make changes to the Terms and Conditions. Customers will be notified of the changes by e-mail (to the e-mail indicated when registering or ordering). Notification will be sent at least 7 days before the new regulations take effect.
- Amendments to the Regulations do not affect the rights of persons who placed Orders or concluded contracts before the amendment of the Regulations, which means that the provisions of the Regulations that were in effect on the date of their placement or conclusion, respectively, apply to Orders placed and contracts concluded before the amendment of the Regulations. Except when the Consumer deems it less favorable than the current Terms and Conditions and informs the Seller of the choice of the current one as applicable.
- In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply.
- In the event that certain provisions of these Terms and Conditions prove to be invalid, ineffective or could be considered as prohibited clauses, then this does not invalidate the entire Terms and Conditions, but the relevant provisions of law will apply in place of the above provisions.
The regulations are effective as of 11.01.2023. (version 3)