TERMS &

CONDITIONS

TERMS AND CONDITIONS OF THE WEBSITE WWW.ZUZALUNIEWSKA.COM

§1 Definitions

The following terms are used for the purpose of Terms and Conditions:

a) Consumer – a person concluding a contract with the Seller not directly related to its business or professional activity,

b) User – any person visiting a Website,

c) Recipient – any person using one of more Services,

d) Terms and Conditions – available at https://zuzaluniewska.com/regulamin/

e) Service Provider – Anna Zuzanna Luniewska, running a business with its headquarters at: ul. Śmiała 4/18 m. 86, 01-523 Warszawa, NIP:

f) Website – Service Provider’s website, available at https://zuzaluniewska.com,

g) Content – the website provided by the Service Provider, resources, works, all source codes, database, functionalities, software, website design, audio, video, text, photos and graphics on the Website,

h) Contracts – these terms and conditions and all conditions for the provision of services refered in these terms and conditions,

i) Service / Services – services provided by the Service Provider, the list of which is available on the Website.

§2 General provisions

  1. These Regulations for the use of the Website constitute a legally binding agreement concluded between the User and the Service Provider regarding access to and use of the Website, as well as any other forms of communication, communication channels, a mobile website or a mobile application connected or otherwise related to each other, and the Services offered through them.

  2. These Regulations, the use of the Website by the user, as well as contracts concluded with the Service Provider are subject to Polish law and will be interpreted in accordance with it.

§3 Requirements for the use of the Website

The use of the Services is subject to the following technical requirements:

a) Internet access,   

b) standard operating system,

c) holding an active e-mail address,

d) the use of the current version of one of the following web browsers: Internet Explorer, Microsoft Edge, Opera, FireFox, Google Chrome or Safari, 

e) it may be necessary to enable the use of necessary cookies for the proper functioning of the Website.

§4 Terms of the provision of Services

  1. Communication with the Service Recipient takes place using the contact details provided by the Service Recipient when booking the Service date by the Service Recipient via the calendar available on the Website and during the Service implementation.
  2. Identification data of the Service Provider, in particular data about the company, the body that registered the business, as well as the number under which it was registered, and the contact e-mail address, can be found in paragraph 1 of these Regulations.
  3. The total price or remuneration for the Services, including taxes, is provided on the Website. Additional fees may arise when ordering additional Services. In this case, their total price including taxes will be communicated to the Service Recipient before placing an additional order.
  4. The method and date of payment, as well as the available payment methods, are specified on the Website or agreed by the Parties.
  5. The manner and date of the provision are provided on the Website or agreed by the Parties.

§5 Complaints

1. All complaints should be sent to the e-mail address: hello@zuzaluniewska.com,

2. The complaint should include:
a) name and surname or company name,

b) correspondence address and e-mail address,

c) description of the complaint (to what extent the service has not been provided correctly),

d) the manner of settling the complaint.

3. Complaints will be considered within 30 days of their receipt in the manner specified in section 1 above. The answer will be sent in the same form in which the Complaint was sent.

4. The Service Provider may request the Service Recipient to provide information necessary to resolve the request, specifying a deadline not shorter than 7 days and the scope of the required information, with the instruction that failure to complete the request within the prescribed period will result in the request being suspended until the necessary information is supplemented.

5. If a Complaint is filed in a form other than that indicated in paragraph 1 above, the Service Provider has the right to respond electronically, if possible.

§6 Users and customers obligations

1. By using the Website / Services, the Users / Service Recipients declare and guarantee that:

a) All information provided by them will be true, accurate, current and complete,

b) They will maintain the accuracy of such information and, if necessary, promptly update the information provided to us,

c)  They have legal capacity and agrees to abide by these Regulations,

d) They will not access the Website in an automatic or non-human manner via a bot, script or otherwise,

e) They will not use the Website for any illegal or unauthorized purpose,

f) The use of the Website will not violate any applicable law.

2. Provision of the information that is untrue, inaccurate, out of date or incomplete entitles the Service Provider to block access and deny any current or future use of the Website (or any part of it).

§7 Intellectual property

1. Unless otherwise indicated, the Content is the intellectual property of the Service Provider, it is controlled or licensed by Provider, is protected by copyright and trademark law as well as other intellectual property laws and regulations on combating unfair competition in Poland and other jurisdictions.

2. The content is made available as part of the provision of Services for personal use. Except as expressly provided in these Regulations or in any other binding agreement, no part of the Website or the Content may be used for any commercial purpose without the prior written consent of the Service Provider.

3. User agrees not to take the following actions, under pain of refusal of further access and legal liability:

a) Systematic downloading of data or other content for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database or directory without our written consent.

b) Unauthorized use of the Content, including collecting user names and / or e-mail addresses of users electronically or otherwise to send unsolicited e-mail or create user accounts automatically or under false pretenses.

c) Use the Content and the Website to advertise or offer the sale of goods and services.

d) Use the Content and the Website in a manner inconsistent with applicable law.

e) Circumventing any technical safeguards, in particular those limiting the use of the Services by Customers from outside a given territory.

§8 Dispute resolution

1. Any legal action of any kind brought by any of the parties will be initiated or prosecuted in Poland, and the Parties hereby consent and waive all measures to defend the lack of personal jurisdiction and forum non conveniens with respect to the place and jurisdiction in the Republic of Poland.

2. Consumers have the option of using out-of-court complaint and redress mechanisms. If you wish to take advantage of such a procedure, please contact us so that we can propose a procedure appropriate to your case. Consumers have the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:

3.a) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/);

3.b) application for an out-of-court dispute resolution to the voivodeship inspector of the Trade Inspection (more information on the website of the competent inspector for the place of business by the Service Provider); and

3.c) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by e-mail at porady@dlakonsumentow.pl and at the consumer helpline 801 440 220 (the helpline is open on working days, from 8:00 to 18:00, connection fee according to the operator’s tariff)

3.d) there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection:

https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

§9 Responsibility

1. The Service Provider is liable to consumers in the scope resulting from the provisions of the Civil Code and provisions on consumer rights. None of the provisions of these Regulations in the field of limitation of liability shall apply to persons who are consumers.

2. The liability of the Service Provider towards the Service Recipient who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid for the Services provided. The Service Provider is liable to the Service Recipient who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service Recipient who is not a consumer.

3. To the fullest extent permitted by law, the Service Provider disclaims all warranties, express or implied, in relation to the Website and its use, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the same extent, it is not responsible for:

a) mistakes, errors or inaccuracies in content and materials,

b) personal injury or property damage of any kind arising from access and use of the website,

c) unauthorized access or use of the Website or all personal data or financial information stored on them,

d) any errors, viruses, Trojan horses, etc. that may be transmitted to or through the website by any third party and / or

e) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the site.

4. The Service Provider is not responsible for any product or service advertised or offered by a third party through the Website, website linked to hyperlinks, website or mobile application presented on any banner or other advertisements.

5. The Service Provider is not responsible for the content of comments posted by Users on the Website. The Service Provider reserves the right not to post comments that are spam, offensive, contain vulgar or offensive phrases, illegal content or contain any links to other websites.

6. The Service Provider is not responsible for the use of the Content in a manner inconsistent with its intended use, and to the fullest extent permitted by law, is not responsible for any negative consequences of using the Content.

7. Visiting the Website, sending e-mails and filling in online forms constitute electronic communication. Hereby, to the fullest extent permitted by law, the User waives any rights or requirements under any regulations that require an original signature, written form or information provided by any means other than electronic means.

§10 Amendments to the Regulations

In the event of important reasons, such as adaptation to legal regulations or an extraordinary change in relations, we reserve the right to amend or modify these Regulations with a 14-day notice period. We will notify you of any changes to these Regulations using the e-mail address provided by you. If you do not agree with any updates to these Terms and Conditions, please let us know within 14 days of receiving notification.

§11 Final provisions

1. If any provision or part of the provisions of these Regulations is found to be illegal, invalid or unenforceable, then the provision or part of the provision shall be deemed separate from these Regulations and shall not affect the validity and enforceability of any remaining provisions.

2. As a result of the application of these Regulations or the use of the Website, no legal relationships such as joint venture, partnership, employment or agency are created.

3. These Regulations remain binding until the end of using the Website or Services and payment of all due fees, interest and remuneration, and later – to the extent resulting from the nature of the rights and obligations under these Regulations, in particular until the end of the limitation periods for any claims against it. related.

4. In matters not covered by these Regulations, the provisions of the Civil Code and generally applicable law shall apply.

5. This version of the Regulations is valid from July 15, 2022.