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Statute

§ 1. Definitions

  1. Regulations - these Regulations define the rules for concluding distance sales contracts through the Online Store, the rules for executing these contracts, the rights and obligations of the parties to the Distance Sales Agreement, and the complaint procedure. In terms of services provided electronically, the Regulations are appropriately the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
  2. Client - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, granted legal capacity by law, entering into a Distance Sales Agreement with the Seller.
  3. Consumer - a natural person making legal transactions with an entrepreneur not directly related to their business or professional activity.
  4. Individual Entrepreneur - a natural person entering into a Distance Sales Agreement directly related to their business activity, when the content of that agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available based on the regulations on the Central Register and Information on Economic Activity.
  5. Entrepreneur - a natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activities in their own name.
  6. Seller:
    Wellness and spa sp. z o.o.,
    tel. +44 7459 857835,
    salesqualityspa@gmail.com,
    NIP 5273151249,
    REGON 54088175500000,
    KRS 0001154668
  7. Seller's registered office address:
    Jana Pawła II 27,
    00-867 Warszawa.
    Warehouse address: Kłębowo 84-242 Leśna 56
  8. Online Store - an internet service operated by the Seller, available at the electronic addresses: https://quality-spa.eu, through which the Client can obtain information about the Goods and their availability and purchase the Goods or order the provision of a service.
  9. Distance Sales Agreement - a contract for the sale of Goods / a contract for the delivery of digital content or digital services (if applicable), concluded through the Online Store.
  10. Goods - movable items that the Client can purchase in the Online Store.
  11. Digital Service - a service allowing the Consumer to:
    1. create, process, store or access data in digital form;
    2. share digital data that has been sent or created by the Consumer or other users of this service;
    3. other forms of interaction using data.
  12. Digital Content - data created and delivered in digital form.
  13. Privacy and Cookie Policy of the Online Store - a document specifying the detailed rules for processing personal data and the use of cookies. The Privacy and Cookie Policy constitutes Appendix No. 3 to the Regulations and is available on the website https://quality-spa.eu/en/privacy-and-cookie-notice.html.
  14. Durable Medium - means a material or tool that enables the Client or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which this information is intended and which allows for the reproduction of the stored information in an unchanged form, in particular, electronic mail.
  15. Electronic Order Form - the electronic procedure for placing an order made available by the Seller for the Buyer.
  16. Electronic Return Form - the electronic procedure for making returns provided by the Seller for the Buyer; available at https://quality-spa.eu/en/returns-open.html.
  17. Electronic Complaint Form - the electronic procedure for submitting complaints provided by the Seller for the Buyer; available at https://quality-spa.eu/en/rma-open.html.
  18. Submission of an Order - confirmation of the order by the Client by clicking the "" button is treated as the submission of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
  19. Account - a collection of data stored in the Online Store and in the Seller's IT system concerning a given Client and the orders placed by them and concluded Distance Sales Agreements, using which the Client can place orders and, at the appropriate time - cancel or edit and conclude Distance Sales Agreements.
  20. Order Feedback or Feedback on Individual Goods - subjective statements and ratings awarded in the form of stars from 1 to 5.
  21. Subscription Order - an order automatically created as part of a Subscription.
  22. Subscription - an electronic service allowing for the automatic creation of Subscription Orders for specified Goods, according to the frequency chosen by the Client, without the need to place separate orders until the Subscription is terminated.
  23. Recurring Payments - payments processed as part of the IdoPay payment service provided by the Operator and carried out automatically in specified cycles, used to pay for Subscription Orders based on consent granted by the Buyer when starting the Subscription (standing order of the Cardholder).
  24. Operator - IdoPayments sp. z o.o. with its registered office at al. Piastów 30, 71-064 Szczecin, entered in the register of entrepreneurs kept by the District Court Szczecin-Center in Szczecin, XIII Economic Division KRS under the number 0000859711, NIP: 8522666251, REGON: 387039893, with a share capital of 800,000.00 Polish zlotys. Address for deliveries: al. Piastów 30, 71-064 Szczecin, also referred to as: “IdoPayments”, being a national payment institution within the meaning of Article 2 point 16 of the Act of August 19, 2011, on payment services (Journal of Laws of 2020, item 794 as amended) [hereinafter: “UUP”].
  25. Card - a payment card issued within the Visa or International or Mastercard International systems, allowed under the regulations of these systems for transactions without physical presence.
  26. Saunas Delivery

    Production and delivery of outdoor saunas currently takes approximately 8 to 9 weeks, excluding any public bank holidays when the factory is closed.

    Due to unforeseen circumstances, the factory may delay the order by an additional 2 weeks. This may occur only during the high season or in the event of unplanned situations.

    Orders are forwarded to the factory every Monday, which is considered week 0 — the official start of production.

    All saunas are manufactured in the EU (Estonia and Poland) using the highest quality materials and are securely delivered to the addresses provided by our clients.

    We take full responsibility for the delivery of the product.

§ 2. General provisions

  1. Types and scope of services provided electronically:
    1. conclusion of online Sales Agreements - in the scope of Goods sold in the Online Store,
    2. rules for registering and using an Account within the Online Store,
    3. adding opinions, comments, and ratings - the Client can add an opinion or comment to their order,
    4. sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for execution.
  2. Using the Online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:
    1. current version of web browsers, e.g.:
      • Firefox
      • Chrome
      • Microsoft Edge
    2. any program for viewing files in PDF format.
  3. The content posted on the Online Store's pages, including descriptions of Goods and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  4. The Seller makes these Regulations available along with the Appendices via a hyperlink placed on the homepage before concluding a Distance Sales Agreement, during it, and after its completion. The Buyer can download it and make a printout.
  5. In order to ensure the security of the transmission of messages and data in connection with the provided services, the Online Store takes technical and organizational measures appropriate to the level of security of the provided services, in particular measures to prevent unauthorized persons from acquiring and modifying personal data transmitted over the Internet.

§ 3. Orders

  1. An order in the Online Store can be placed via an Account or by choosing the option to purchase without registration, in which case an internal account is created, based on which the Client can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
  2. Purchasing is done by filling out the Electronic Order Form available on the Online Store's pages. The selection of ordered Goods is made by adding them to the cart. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Client wants to order to the location indicated by themselves. The Client takes appropriate technical steps based on the displayed messages.
  3. After the Client provides all necessary information, a summary of the submitted order will be displayed. The order summary will contain information regarding: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and others if applicable, the chosen payment method, the chosen delivery method, time and delivery costs.
  4. If the subject of the agreement is the delivery of digital content or digital services that are not stored on a tangible medium or services provided electronically or at a distance - the Consumer in an additional checkbox required to place the order and located on the Electronic Order Form expresses the following consent: "I consent to the delivery of digital content that is not stored on a tangible medium or to the commencement of the service before the expiry of 14 days from the date of concluding the agreement and I acknowledge the loss of the right to withdraw from the agreement". The Seller will confirm receipt of the aforementioned consent via email.
  5. To place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, and send the order by pressing the "" button.
    1. Sending the Electronic Order Form by the Client constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Regulations.
    2. The Distance Sales Agreement is considered concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming the acceptance of the order and providing its number.
    3. After concluding the Distance Sales Agreement, the Client receives an email confirming the submitted order containing: confirmation of order acceptance and final confirmation of all essential elements of the Order as well as the general conditions of the concluded Distance Sales Agreement (Regulations of the Online Store along with Appendices No. 1 and 2), data of the Seller, Seller's liability for the quality of the service provided, about services provided by the Seller after the sale and about the manner and effects of withdrawal from the agreement. The instruction on how to withdraw from the agreement and the effects of withdrawal from the agreement are included in Appendix No. 1.
    4. Until the Seller starts executing the order:
      1. The Client can change their order using the technical solution available on the Electronic Order Form page and going through the entire order placement path again. The change of the order occurs by placing a new one, which replaces the previously placed one. Alternatively, any payment made by the Client is settled against the new order, and in the case of overpayment, it is refunded to the bank account from which the payment was made.
      2. The Client can cancel their order by selecting the "cancel order" option available on the Electronic Order Form page.
    5. In the event of cancellation of the order by the Client, the Seller will refund the received payment within 3 working days. The refund will be made using the same payment method that was used by the Client.
    6. The order fulfillment time is from 1 to 10 working days counting from the date of concluding the agreement.

§ 4. Payment

  1. The Online Store offers the possibility of making payments in the form of prepayments, . The option of payment with a deferred payment term is possible in situations individually agreed with the Seller.
  2. Payments for goods can be made in the manner selected at the time of placing the order on the Electronic Order Form.
  3. The currently available methods of payment in the form of prepayments in the Online Store are available at https://quality-spa.eu/en/payments.html.

§ 5. Delivery

  1. On the Electronic Order Form, the Client selects the delivery method by marking their choice.
  2. If the Goods are not picked up by the Client, resulting in the return of the Goods to the Seller - the Seller may withdraw from the sales agreement after previously calling the Client in an email provided in the purchase process to perform the agreement. Withdrawal from the agreement occurs by submitting a statement to the Client in the form of an email.
  3. In the situation indicated in point 2, the Seller is obliged to promptly refund the Client the payment received for the Goods purchased by the Client.
  4. The currently available delivery methods in the Online Store are available at https://quality-spa.eu/en/delivery.html.
  5. In the case of orders for refurbished Technogym products, the delivery time may be extended by a maximum of 2 weeks

§ 6. Withdrawal from the agreement - electronic return form

  1. A Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without providing any reason. In the case of withdrawal from a Distance Sales Agreement - the agreement is considered not concluded.
  2. The right to withdraw from the agreement on the terms set out in paragraphs 6 and 7 of these Regulations also applies to Individual Entrepreneurs. Where reference is made in paragraphs 6 and 7 of these Regulations to the Consumer, it is also understood to include the Individual Entrepreneur.
  3. In the event of withdrawal from the agreement - the Consumer bears only the direct costs of returning the Goods.
  4. The Consumer's statement must explicitly express their will to withdraw from the agreement, in particular, the Consumer may:
    1. use the electronic return form available on the Online Store's website: https://quality-spa.eu/en/returns-open.html.
    2. withdraw from the agreement using the withdrawal form, which is Appendix No. 2 - sending it to the Seller's registered office address.
    3. The Seller will promptly confirm the receipt of the statement of withdrawal from the agreement made in the manner indicated in points 1 and 2 on a Durable Medium.
  5. To meet the deadline, it is sufficient to send the statement before the deadline expires.
  6. The period for withdrawing from the agreement begins:
    1. for an agreement in which the Seller delivers the item, being obliged to transfer its ownership - from the moment the Consumer or a third party indicated by them, other than the carrier, takes possession of the Goods, and in the case of an agreement that:
      1. involves multiple items that are delivered separately, in batches, or in parts - from the moment the last item, batch, or part is taken into possession;
      2. involves the regular delivery of items for a specified period - from the moment the first item is taken into possession;
    2. for other agreements - from the date of concluding the agreement.
  7. The form of the statement of withdrawal from the agreement (Appendix No. 2 to these Regulations) and the information regarding the exercise of the right to withdraw from the agreement (Appendix No. 1 to these Regulations) are provided in electronic form.
  8. In the case of withdrawal from an agreement for the delivery of digital content or digital services, the Seller may prevent the Consumer from further using the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service.
  9. In the case of withdrawal from the Agreement for the delivery of digital content or digital services, the Consumer is obliged to cease using this digital content or digital service and to refrain from sharing it with third parties.
  10. The right to withdraw from the Distance Sales Agreement does not apply to agreements indicated in Article 38 of the Act of May 30, 2014 (Journal of Laws of 2019, item 134) on consumer rights, m.in. Agreements:
    1. for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that upon completion of the performance by the Seller they would lose the right to withdraw from the agreement and accepted this.
    2. for which the price or remuneration depends on fluctuations in the financial market that the entrepreneur cannot control, and which may occur before the expiry of the withdrawal period;
    3. for which the subject of the performance is a non-prefabricated item produced according to the specifications of the Consumer or serving to satisfy their individualized needs;
    4. for which the subject of the performance is an item delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
    5. for which the subject of the performance is audio or visual recordings or computer programs delivered in sealed packaging if the packaging was opened after delivery;
    6. for the delivery of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller has commenced performance with the express and prior consent of the Consumer, who was informed before the commencement of performance that upon completion of performance by the Seller they would lose the right to withdraw from the agreement and accepted this;
    7. for which the subject is a perishable item or has a short shelf life, and in which the subject of performance is items that, due to their nature, are inseparably connected with other items after delivery;
    8. for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
    9. concluded through public auction;
    10. for the provision of accommodation services, other than for residential purposes, the transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the agreement specifies the day or period of service provision;
    11. for which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and their delivery can only occur after 30 days and their value depends on fluctuations in the market that the entrepreneur cannot control;

§ 7. Effects of withdrawal from the agreement

  1. The Seller, within 14 days from the date of receiving the statement of withdrawal from the Distance Sales Agreement, will refund to the Consumer all payments made by them, including delivery costs, corresponding to the cheapest delivery method offered by the Seller.
    1. The refund will be made using the same payment method that the Consumer used.
    2. If the Consumer, in order to exercise the right to withdraw - uses the Electronic Return Form - the funds will be refunded in the selected manner and to the bank account provided by the Consumer.
    3. If the Seller did not propose to collect the Goods from the Consumer, they may withhold the refund of the payments received from the Consumer until they receive the Goods back or until the Consumer provides proof of its return, depending on which event occurs first.
  2. The Seller may propose to the Consumer to collect the item from them. However, if the Seller did not make such a proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) promptly, but no later than 14 days from the day on which they withdrew from the agreement. To meet the deadline, it is sufficient to send the item back before the expiry of the 14-day period. The Goods that the Consumer returns should be sent to the Seller's registered office address. To return the Goods to the Seller, the Consumer may use the Smile.pl service.
  3. The Consumer is responsible for any reduction in the value of the Goods resulting from using them in a manner that exceeds what is necessary to ascertain the nature, characteristics, and functioning of the Goods.
  4. The Consumer may not withdraw from the agreement if the Digital Content or Digital Service is provided in exchange for payment of the price, and the non-compliance of the Digital Content or Digital Service with the contract is insignificant.
  5. The Seller may request the return of the tangible medium on which the Digital Content was delivered within 14 days from the day of receiving the Consumer's statement of withdrawal from the agreement. The Consumer returns the medium promptly and at the Seller's expense.
  6. The Seller is obliged to refund the price only in part corresponding to the Digital Content or Digital Service that is non-compliant with the agreement and Digital Content or Digital Service, the obligation to deliver which has ceased due to the withdrawal from the agreement.

§ 8. Complaint

  1. A complaint regarding a defect in the Goods or non-compliance of the Goods with the concluded Distance Sales Agreement can be made:
    1. via the Electronic Complaint Form;
    2. in written form to the Seller's registered office address or via email to salesqualityspa@gmail.com.
  2. The complaint should specify the defect that the Buyer believes the Goods have, demands against the Seller, and, if possible - document the said defect and present proof of purchase of the Goods in the Online Store. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If the Seller does not respond within the above deadline, it is considered that the complaint has been accepted. The response to the complaint is provided to the Buyer in writing or on a Durable Medium.
  3. The steps that the Buyer must take to submit a complaint, including the way to deliver the complained Goods to the Seller, are indicated at each stage in the Electronic Complaint Form.
  4. If the Seller recognizes the complaint as justified: the costs of exchange, repair, including the cost of shipping related to the complaint of the Goods are borne by the Seller.
  5. The Seller is liable to the Consumer, as well as to the Individual Entrepreneur for non-compliance of the Goods with the Distance Sales Agreement under the terms resulting from the Act of May 30, 2014 on consumer rights.
    1. The Seller is liable for the non-compliance of the Goods with the Distance Sales Agreement existing at the time of their delivery and revealed within two years from that moment, unless the shelf life of the Goods specified by the Seller is longer.
    2. The Seller will repair or replace the Goods within 14 days from the date of accepting the complaint. The costs of repair or replacement, including in particular postal, transport, labor, and material costs, are borne by the Seller.
    3. The Consumer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods at their own expense.
  6. The Seller is obliged to deliver Goods free of defects and is responsible to the Entrepreneur for defects in the purchased Goods under the terms specified in the Civil Code.
  7. The provision of Digital Content or Digital Services to the Consumer or Individual Entrepreneur is carried out under the terms resulting from the Act of May 30, 2014 on consumer rights.
    1. Digital Content is considered delivered at the moment when the Digital Content or the means that allows access to the Digital Content or downloading the Digital Content has been made available to the Consumer or the physical or virtual device that the Consumer has independently chosen for this purpose, or when the Consumer or such device has accessed it.
    2. A Digital Service is considered delivered at the moment when the Consumer or the physical or virtual device that the Consumer has independently chosen for this purpose has accessed it.
    3. The Seller brings the Digital Content or Digital Service into compliance with the agreement within 21 days from the moment the Seller has been informed by the Consumer about the non-compliance with the agreement, and without excessive inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into compliance with the Agreement are borne by the Seller.

§ 9. Opinions

  1. Opinions regarding the order service or opinions regarding the Goods can be placed during a visit to the Online Store by clicking on the interface placed next to the Goods or by clicking on the link included in the email. Adding an Opinion is voluntary and free of charge. Within one order - the Client has the possibility of only adding the aforementioned Opinion once.
  2. In the aforementioned Opinion, the Client can rate in the form of stars from 1 to 5 and add a verbal statement limited to 65535 verbal characters.
  3. The ratings are stored and presented publicly on the Online Store's website, as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
  4. The Seller verifies Opinions using the email address that was used in the purchase process of a given Goods. An Opinion placed by a person using the email that was used in the purchase process is marked on the Store's page with the comment "opinion confirmed by purchase". Any other Opinion is marked as "opinion not confirmed by purchase".
  5. The Seller may publish Opinions about a given Goods from their other online Stores.
  6. The Seller does not change Opinions in terms of content or awarded stars.
  7. The Buyer is solely and independently responsible for the statement made in the Opinion. The Seller is entitled to delete Opinions based on the provisions of law and these Regulations.
  8. It is inadmissible to post content containing false, misleading, vulgar, aggressive, offensive information or that is obviously considered inconsistent with good manners. It is also inadmissible to post content that is unlawful, infringes the rights of third parties, or constitutes an act of unfair competition.
  9. The Client agrees not to post content that contains links to external websites with promotional or advertising character or containing personal data of third parties.
  10. At the Client's express request, the content of the Opinion may be hidden from other users of the Store, but the awarded rating in the form of stars is included in the overall rating of the Store and the Goods.

§ 10. Intellectual property

  1. The Client declares that they do not possess any rights, including copyright or related rights to Ratings and statements posted by them, other than the right to use the Online Store in the manner specified in the Regulations. The Client is not entitled to any recording, duplication, sharing, publicizing, or distributing the content unless such a right arises from legal provisions or the Regulations.
  2. The Client is not entitled to interfere with the content, in particular, they are not entitled to interfere with the content, structure, form, graphics, operation mechanism, or other elements of the Online Store.
  3. By posting in the Online Store Opinions that constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights - the Seller grants the Seller a non-exclusive, free, and unlimited in time and territory license to use these works, including the right to grant sublicenses, which includes public access to the work in such a way that everyone can access it at a place and time of their choice (Internet). The license is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:
    1. in terms of recording and duplication of the work by any technique - in particular by printing, reprographic, magnetic recording, digital, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual disks, CDs, computer disk, in the multimedia network, including the Internet and related online services as well as duplicating, recording, using it on the Internet, advertising, duplicating the recording in electronic form in computer memory and in internal as well as external networks,
    2. using all or parts or any elements of the work with the possibility of making modifications resulting from the nature of a given internet medium - in all publications, in particular internet, digital, in newsletters and information, independently or in combination with other works or parts of works; using in whole or in part for promotional and advertising purposes, in particular in the form of audiovisual, audio, media advertisements.
    3. in terms of trading the original or copies on which the work has been recorded - introduction to trading, lending, renting the original or copies,
    4. in terms of disseminating the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, and public access to the work in such a way that everyone can access it at a place and time of their choice,
    5. using the works for promotional and marketing purposes;
  4. The removal of the Account by the Client or Opinions under Chapter 9 point 8 does not affect the validity of the above license.

§ 11. Rules for sales in the subscription model

  1. The electronic service in the form of a Subscription may be provided by the Seller to the Buyer.
  2. Using the Subscription allows for the cyclical delivery of selected Goods at intervals specified by the Client, without the need to place subsequent orders until the Subscription is terminated. Payment for the Subscription is made solely using the mechanism of Recurring Payments and only via one Card.
  3. Detaching the Card from the Subscription results in the termination of the Subscription.
  4. Transactions within the framework of Recurring Payments will be carried out only after prior registration of the Cardholder in the Operator's service (or the entity through which the Operator processes Transactions). Registration will aim to verify that the Client ordering the Recurring Payment is the authorized holder of the Card that will be charged. Before registering the Card on the transactional page, the Client is obliged to give consent to regular charges by activating the Recurring Payments service. The consent is stored in the Operator's service.
  5. The Buyer creates a Subscription by selecting this form of purchase in the Electronic Order Form. Confirmation of the creation of the Subscription is promptly sent to the Buyer's email address indicated when placing the first Subscription Order.
  6. The Client manages the Subscription through the Account according to the available options.
  7. The Subscription is made for an indefinite period.
  8. The Client can terminate the Subscription at any time. Termination of the Subscription by the Client is tantamount to withdrawing consent for further charges within the framework of Recurring Payments. In this case, the next Subscription Order will not be created. If the termination of the Subscription occurs after the date indicated in the email referred to in point 11, the current Subscription Order will be fulfilled as the last one.
    a). The termination of the Subscription occurs by the Buyer selecting the "Terminate Subscription" option in the settings of the given Subscription, which are available after logging in by the Client from their Account.
    b). The Buyer can also terminate the Subscription by emailing the store support salesqualityspa@gmail.com.
  9. The Seller has the right to terminate the Subscription, of which they will inform the Buyer in the form of an email or by phone contact with at least a 7-day notice. In this situation, the funds from the Card will not be charged and no further Subscription Orders will be created.
  10. The Seller is entitled to change the prices of Goods during the Subscription, of which the Buyer is informed in the email correspondence referred to in point 11.
  11. The Seller sends the Buyer an email about the creation of the Subscription Order indicating its subject, quantity, price (including any change in price if it occurred), execution date, and the date of planned charging of funds from the Card - no later than 3 days before the funds are charged from the Card. Furthermore, the Seller informs the Buyer about the possibility of terminating the Subscription by including a link leading to the settings that allow for the termination of the given Subscription from the Client's Account and the date until which this will be effective. In the case of terminating the Subscription after the date indicated in the email - the termination will take effect for the next Subscription Orders. This means that the Subscription will be terminated, but the current Subscription Order will be executed as the last one.
  12. If the attempt to charge the Card is unsuccessful, the Client will be informed by email about the inability to collect the payment. Possible reasons for the failure to collect the payment include: lack of funds on the Card, loss of Card validity, or technical problems.
  13. The loss of validity of the Card linked to the Subscription or the inability to authorize the payment order for other reasons results in the termination of the Subscription.
  14. The Subscription Order will be fulfilled only after successfully charging the funds from the Card.
  15. The termination of the Subscription leads to the immediate termination of the sales contract for the Goods.

§ 12. Final provisions

  1. These Terms of Use are effective from 2025.05.06.
  2. In the event of a change or invalidation of any provisions of these Regulations by a competent authority or court, the remaining provisions remain in force and bind the Seller and the Client.
  3. The Seller reserves the right to change these regulations. All agreements concluded before the entry into force of the new regulations are carried out based on the regulations that were in force on the day of concluding the agreement.
  4. The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by the competent local common court. A Client who is a Consumer may also use out-of-court methods of handling complaints and pursuing claims. All information about out-of-court methods of handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we inform that the indicated proceedings are voluntary and both parties must agree to them.
  5. Based on the Regulation of the European Parliament and Council (EU) No. 524/2013 of May 21, 2013, we inform that at http://ec.europa.eu/consumers/odr an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is a website with a one-stop service for consumers and entrepreneurs seeking an out-of-court resolution of disputes concerning contractual obligations arising from online sales agreements or service agreements.

§ 13. Appendix 1 - Information on the right to withdraw from the agreement

  1. The right to withdraw from the agreement under the terms below applies to the Consumer and Individual Entrepreneur.
    You have the right to withdraw from this agreement within 14 days without providing any reason. The deadline for withdrawal from the agreement expires after 14 days:
    1. in the case of a sales agreement from the day you took possession of the item or when a third party other than the carrier and indicated by you took possession of the item;
    2. in the case of an agreement obliging to transfer ownership of multiple items that are delivered separately from the day you took possession of the last item or when a third party other than the carrier and indicated by you took possession of the last item;
    3. in the case of an agreement obliging to transfer ownership of items delivered in batches or in parts from the day you took possession of the last batch or part or when a third party other than the carrier and indicated by you took possession of the last batch or part;
    4. in the case of agreements for the regular delivery of items for a specified period from the day you took possession of the first item or when a third party other than the carrier and indicated by you took possession of the first item;
    5. in the case of agreements the subject of which is the delivery of services or digital content that is not supplied on a tangible medium - from the day of concluding the agreement.
  2. To exercise the right to withdraw from the agreement, you must inform us, i.e.: Wellness and spa sp. z o.o., Jana Pawła II 27, 00-867 Warszawa, tel. +44 7459 857835, salesqualityspa@gmail.com of your decision to withdraw from this agreement by means of an unequivocal statement (for example, a letter sent by post, fax, or email).
  3. You may use the model withdrawal form, but it is not mandatory.
  4. You may also fill out the Electronic Return Form available on the Online Store's website: https://quality-spa.eu/en/returns-open.html. If you take advantage of this opportunity, we will promptly send you confirmation of receipt of the information about the withdrawal from the agreement on a durable medium.
  5. To meet the deadline for withdrawal from the agreement, it is sufficient to send us information regarding the exercise of your right to withdraw from the agreement before the withdrawal period expires.
  6. In the event of withdrawal from this agreement, we will refund all payments received from you, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by you other than the cheapest ordinary method of delivery offered by us), without undue delay, and in any case no later than 14 days from the day we were informed of your decision to exercise the right to withdraw from this agreement. We will make the refund using the same payment methods that you used in the original transaction, unless you have expressly agreed to another solution.
  7. In the case of agreements obliging to transfer ownership of items, for which we did not propose to collect the Goods in the event of withdrawal from the agreement - we may withhold the refund of payments until we receive the item or until you provide us with proof of its return, depending on which event occurs first.
  8. Please return the item to: Wellness and spa sp. z o.o., Jana Pawła II 27, 00-867 Warszawa promptly, and in any case no later than 14 days from the day you informed us of your withdrawal from this agreement. The deadline is met if you send the item back before the expiry of the 14-day period. You will have to bear the direct costs of returning the item.
  9. Due to the weight and dimensions of the Goods, in the case of withdrawal from the agreement - returning the Goods may involve higher costs than ordinary postal shipping. If you wish to use the services of courier companies, it may be necessary to send the shipment on a pallet, which is more expensive than ordinary postal shipping.

§ 14. Appendix 2 - Withdrawal form template

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