Terms and conditions of providing services by electronic means on the website www.SPAVITAO.pl
§1 General provisions
These Regulations specify the types, scope and conditions for the provision of services by electronic means, including technical requirements, conditions for the conclusion and termination of agreements for the provision of services by electronic means and the procedure for complaints at www.spavitao.pl. The terms used in these Terms and Conditions mean̨:
1. Day Spa Vita'O - Day Spa Vita'O Bartosz Bernat 14 Wincentego Pola Street, 81-433 Gdynia, NIP 958 152 38 32, REGON 220864641;
2. portal - website available at www.spavitao.pl, whose operator is Day Spa Vita'O;
3. telecommunications law - the act of 16 July 2004. - Telecommunications Law (Journal of Laws No. 171, item 1800 as amended);
4. electronic Services Act - the Act on Electronic Provision of Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended);
5. information and communication system - a set of cooperating̨ IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of an̨ end device appropriate for a given type of network, within the meaning of the Telecommunications Law;
6. provision of service by electronic means - provision of a service rendered without the simultaneous presence of the parties through the transmission of data at the individual request of the recipient of the service, sent and received by means of̨ devices for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted by means of a telecommunications network within the meaning of the Telecommunications Law;
7. service - services provided electronically by Day Spa Vita'O as described in § 2(1) of the Regulations;
8. means of electronic communication - technical solutions, including ICT devices and cooperating software tools, enabling individual communication at a distance using data transmission between ICT systems;
9. Customer - a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organisational unit without legal personality, to which legal capacity is granted by law, using the services provided by Day Spa Vita'O on the Portal;
10. rules and regulations - these rules and regulations for the provision of services electronically on the website www.spavitao.pl.
(1) Use of the Portal by the initiation of the Service by the Service Recipient implies acceptance of the Terms and Conditions in full. The Terms and Conditions shall be made available to the Service Recipient continuously and free of charge in a way that enables its downloading, reproduction and recording of its content by printing or saving it on another carrier.
(2) All rights to the Portal, including property copyrights, intellectual property rights to the name, domain, designs, forms, logos belong to Day Spa Vita'O, and the use of them may only be performed in the manner specified and in accordance with the Rules and Regulations and applicable law.
(3) The Rules and Regulations are available on the Portal under the tab ‘Rules and Regulations’.
§2 Types and scope of Services
Day Spa Vita'O provides the following Services through the Portal:1. subscribing to a mailing list to receive promotional materials in the form of the Day Spa Vita'O newsletter (‘Newsletter Service’);
2. enabling contact by filling in a contact form (‘Contact Form Service’).
§3 Newsletter Service
1. Newsletter is a Service consisting of the provision of electronic messages with the latest information related to the subject matter of the Day Spa Vita'O website, which may contain promotional or commercial information.
2. The service is provided free of charge for an indefinite period of time.
3. Promotional or commercial information shall be deemed to have been ordered if the Customer has consented to receive such information by registering in Day Spa Vita'O's IT system, in particular by providing an electronic address identifying him for this purpose. Provision of an electronic address and thus expressing consent to receive commercial information from Day Spa Vita'O by means of electronic communication in accordance with Article 172 of the Telecommunications Law and Article 10 of the Act on Provision of Electronic Services is necessary to use the Newsletter Service.
4. The Customer may at any time, with immediate effect, unsubscribe from the Newsletter by notifying Day Spa Vita'O in any form - e.g. in writing, by telephone, by e-mail or by clicking on the link contained in each electronic message being the Newsletter.
5. Day Spa Vita'O reserves the right to discontinue the Newsletter Service at any time.
§4 Contact Form Service
1. The Contract for the Contact Form Service is concluded for a fixed period of time and is terminated as soon as Day Spa Vita'O responds to the request for contact made via the Contact Form.
2. The Contact Form Service is provided free of charge.
3. The Contact Form is made available to the Users of the Site under the ‘Contact’ tab.
4. The conclusion of the contract for the provision of the Contact Form Service occurs when the Service Recipient clicks the ‘Arrange a call’ button, after correct completion of the fields of the Contact Form, located on the Portal under the ‘Contact’ tab, which includes:
a) providing personal data: first name, surname, electronic address (email), telephone number,
b) accepting the Terms and Conditions and consenting to the processing of personal data by ticking the checkbox which reads: ‘I consent to the processing of the personal data contained in the contact form’.
5. Completion by the User of the actions indicated in section 4 above is equivalent to the User's consent to Day Spa Vita'O providing the Contact Form Service electronically,
6. Day Spa Vita'O reserves the right to discontinue the Contact Form Service at any time.
7. In the case referred to in paragraph 8 above, Day Spa Vita'O shall be under an absolute obligation to delete all personal data of the Customer collected for the purpose of providing the Contact Form Service.
§5 Conditions for providing the Services
- Technical conditions necessary to use the Services:
1. computer or other device with access to the Internet;
2. access to electronic mail
3. internet browser. It is recommended to use the latest web browsers that guarantee safe and efficient operation of the system. Day Spa Vita'O is not responsible for the computer equipment used by the Service Recipient.
- Customer's obligations:
1. the Customer undertakes to comply with the Terms and Conditions.
2. the user is obliged to use the Portal in a lawful and moral manner, with due regard for the personal rights and intellectual property rights of third parties.
3 The user is obliged to enter truthful and accurate data.
4. The recipient is prohibited from providing content that violates the welfare of third parties, generally accepted social norms or that does not comply with generally applicable laws.
- Data security:
1. The use of the Services may involve typical risks on the part of the Service Recipient, as an Internet user. Risks associated with the use of the Services consist in particular of the threat of infecting the IT system with software aimed at e.g. spying on the use of the Internet, stealing important data, causing the system to be unable to start, spamming, deleting data, etc. Day Spa Vita'O uses its own system security and permanent IT assistance to ensure the security of transmitted and received data, which does not exempt the Customer from exercising due care in the use of the Internet.
2. In special cases affecting the security or stability of the ICT system, Day Spa Vita'O has the right to temporarily discontinue or restrict the provision of services, without prior notice, and to carry out maintenance work to restore the security and stability of the ICT system.
Conditions for conclusion and termination of contracts:
1. the Day Spa Vita'O undertakes to commence the provision of the Services immediately after the registration of the initiation by the Customer of the process of using the Service.
2. The Customer may withdraw from the Services at any time by contacting directly by e-mail at info@spavitao.pl to request the discontinuation of the Services.
3. The period for withdrawal from a contract concluded at a distance or off-premises is 14 days.
4. The cancellation referred to in paragraph 2 is tantamount to the termination of the contract for the provision of services by electronic means.
§6 Personal data
The rules for processing the Customer's personal data are set out in the Privacy Policy available on the Portal under the tab ‘Privacy Policy’.
§7 Liability of Day Spa Vita'O
1. Day Spa Vita'O shall not be liable for interruptions in the provision of Services resulting from failures or cases of malfunction of ICT systems which are beyond the control of Day Spa Vita'O.
2. Day Spa Vita'O shall not be liable for technical problems or limitations of the software or equipment used by the Customer which prevent him/her from using certain Services.
§8 Complaint procedure
1. Complaints may be filed for non-performance or improper performance of the Services or any irregularities in the provision of the Services.
2. A complaint should be submitted in electronic form to info@spavitao.pl.
3. A complaint regarding non-performance or improper performance of a Service must include, in particular, its subject matter and the circumstances justifying it.
4. Day Spa Vita'O shall consider complaints within 14 days sent to the address indicated in paragraph 2.
5. In the event of a breach of the terms and conditions of the complaint procedure, the complaint may not be accepted.
§9 Final provisions
1. Any potential disputes arising in connection with the operation of the Portal will be resolved by the competent common court.
2. Day Spa Vita'O reserves the right to introduce changes to these Rules and Regulations. Amendments are valid from the date of their publication on the Portal.
3. In matters not regulated in these Rules and Regulations, the generally applicable provisions of Polish law shall apply: Civil Code, Act on Providing Services by Electronic Means and other relevant provisions of Polish law.
