SERVICE TERMS AND CONDITIONS

§1.

  1. The following Regulations define the general conditions, terms and operation of the Service and each time these Regulations refer to:

1.1. Operator of the Service – Sopocka Akademia Sztuki Masażu Gorlo Kamil Gorlo; Czarny dwór Street 14B/2, 80-365 Gdańsk NIP 8442266609

1.2. Client, Renter or User – a natural person, consumer, legal person or organizational unit without legal personality;

1.3 Online Rental Service – Internet service facemodeling.pl

The terms “Online Rental Service” and “Service” are substitutable;

1.4. Digital Content – audio-video recordings presented on the Website; in electronic form, which are audiovisual programmes that have been made available on the Website for use upon prior registration or order and upon payment of the rental price;

1.5. Consumer – defined in Art. 22, par. 1 of the Civil Code (Journal of Laws of 1964, No. 16, Item 93, as amended);

1.6. Rental Period – the time period from the beginning of Digital Content rental (availability for first viewing) to the end of the rental period;

1.7. Rental Price – the payment from the Client to the Operator of the Service in the amount specified in the Price List,

1.8. Equipment – equipment meeting the minimum technical parameters specified in the Regulations in order to use the rented Digital Content.

1.9. Price List – a price list containing prices for renting Digital Content available on facemodeling.pl

  1. Regulations define the conditions of performing paid renting of Digital Content by the User of the Service through the service.
  2. The Client is required to acquaint himself/herself with these Terms and Conditions. When placing an order, the Client confirms that he/she has read the Terms and Conditions and accepts its content.

 

§2.

The Service is operated for the purpose of paid rental of Digital Content presented therein.

The Operator of the Service acknowledges that they have all the necessary authorizations for the right to rent Digital Content for a fee.

The content of the Service is of informative character and comes from sources that the Operator of the Service considers to be reliable and credible, which does not exclude the possibility of mistakes or deficiencies resulting from reasons beyond the control of the Operator of the Service.

The Operator of the Service reserves the right to implement any changes in the content of the Service at any time, after prior notification to the Users via the Service.

§2.

  1. Orders through the Service can be placed throughout the entire year, 7 days a week, 24 hours a day.
  2. In order to gain access to Digital Content, the Client must register through the Service.
  3. When placing an order, the Client will receive an automatically generated response confirming that the order has been accepted. If the response is not delivered, it is considered that the order cannot be processed.
  4. The Client will provide details in the Form, which will enable his/her valid identification and confirms that he/she is aware that this is a requirement for the validity of the order.
  5. The establishment of the Agreement occurs as a result of placing an order by the Client and confirmation of the order by the Service Operator. The subject of the contract is the rental of the Digital Content to the Client, which consists solely of the right to play the Digital Content by the Client for the period specified in the contract, solely for personal at home use, without the right to public presentation, distribution or any other commercial exploitation, and without the right of resale.
  6. Digital Content may only be used by Clients-Renters for personal use only. It is prohibited to record, reproduce, send, lend, upload, authorize the use to third parties, as well as to make it available to the public or to present to third parties in any form (regardless of whether it is combined with the charging of fees);
  7. The Client is responsible for any harm resulting from use of the Digital Content in a manner that is inconsistent with the Regulations, as well as for the consequences of disclosure of such content to third parties by failing to take precautions.
  8. In the case of use of the Digital Content by the Client in a manner that is inconsistent with these Regulations, the Operator of the Service has the right to block access to the Service and terminate the Agreement unilaterally.

§4.

  1. The requirement for the completion of the order is the accessibility of the Digital Content at the time of the order and payment of the Price for the rental.
  2. The payment for the rental is considered to be made at the moment of crediting the Service Operator’s bank account.
  3. The Service Operator is not responsible for the consequences of delays in payment for which the responsibility lies with payment service providers.
  4. In case of circumstances beyond the control of the Operator, the deadline for the realization of the contract may be extended.

§5.

  1. Digital Content is made available for rental, i.e. temporary viewing by the Client, in the form of a file available online through an account on the Service Website. Access to the Digital Content shall occur after the Service Operator receives confirmation of acceptance of payment. By making the Digital Content available to the Client for rent, the Operator of the Service Website issues to the Client an appropriate license, in which the Client obtains only the right to play the Digital Content for his or her own use without the right to public presentation, distribution or any other commercial use.
  2. If the Digital Content is viewed by the Client – the order is considered completed.
  3. In order to properly view the Digital Content it is necessary to have access to the Internet, a web browser, e-mail address.
  4. The use of the rented Electronic Edition is possible only with a working device, connected to the Internet and with cookies enabled. In case of mobile devices it is necessary to have a supported mobile device with Android or iOS system;
  5. The use of the Digital Content rental may be associated with the installation of “Cookies”. This mechanism does not disrupt the Client’s device or cause configuration changes in the Client’s end devices. Not accessing “Cookies” may prevent the use of the Digital Content.

§6.

Quick PayU payments are available as part of the payment method for online rentals;

§7.

  1. The Service offers the possibility to purchase subscriptions in a subscription system. A subscription shall be understood as a sales service for access to the Service in specific time periods (referred to as “Subscription”).
  2. The Subscription Agreement for a period of 1 (one) month is concluded for an unspecified period and may be terminated at any time with effect at the end of the current billing period.
  3. The Subscription Agreement for a period of 3 (three) months and for a period of 12 (twelve) months is concluded for a defined period and terminates on the last day of the period for which it has been concluded.
  4. Subscription sales continue from the moment of registration and ordering the subscription until the termination of the agreement as a result of cancellation of the subscription by the Client (24 hours before the start of the next billing period at the latest) or expiration of the period for which it was concluded (applies to “3 months” and “12 months” products).

§8.

The Client may, without giving any reason within fourteen days from the time of concluding the agreement, withdraw from it by submitting a declaration to the address: Czarny dwór 14B/2, 80-365 Gdańsk or by e-mail to: zamowienia@facemodeling.pl.

The right to withdraw from the contract pursuant to § 8 (1) does not apply to entities conducting business activity, including professional services, which make rentals from the Online Renting Service within the framework and for the purpose of such activity, as well as it does not apply if the Client agrees to perform the contract and provide it with the Digital Content before the expiration of the period for withdrawal. The moment the Client agrees to receive the Digital Content is the moment it is considered viewed for the first time.

Ordering Digital Content for rental for a period beginning before the expiration of fourteen days from the date of the Client’s agreement with the Service Operator, in which the Client has consented to the Service Operator beginning to provide the service before the expiration of the period specified in Article 27 of the Act of May 30, 2014 on Consumer Rights, i.e. before the expiration of fourteen days from the date of the Client’s agreement with the Service Operator, means that the Consumer accepts the Terms and Conditions and wants immediate provision of services and understands that the Client will not be able to withdraw from the agreement within 14 days.

After the withdrawal from the contract by the Renter, the Service Opertor shall return to the Renter the price paid within 14 days after receiving the withdrawal statement. The return of the price is made by payment to the bank account number indicated by the Renter or by postal order to the indicated address.

§9.

  1. The Administrator of the personal data of the Clients and Users of the Service is the Operator of the Service
  2. All information on personal data processing in regard to the provision of services through the Service is available in the Privacy Policy available at https://facemodeling.pl/polityka-prywatnosci
  3. The Clients and Service Users have the right to verify, modify and delete their personal data.

§10.

  1. Any complaints related to the implementation of these Regulations may be submitted by the Client to the Operator of the Service in writing or electronically to the following address: zamowienia@facemodeling.pl.
  2. Complaints may be filed within 12 months from the last day on which the rental was incorrectly performed (or was to be performed) or the price was wrongly charged. A complaint submitted after this period will not be considered.
  3. The Service Operator shall respond to a complaint in writing or in electronic form, if such method was used, within 30 days from the date of its submission. If a claim is not processed within the prescribed period, it is considered approved.
  4. Submitting a complaint does not suspend the Client’s responsibility for ongoing payment of the price due to the Service Operator for the use of the rental.
  5. In the case of accepted complaint regarding problems of access to the rental, other limitation in the use of it, interruptions in the ability to access the Service due to malfunctions, the Operator shall provide the Client with access to the rented Digital Content or refund the Price, as requested by the Client. Re-access to the rented Content will be accomplished by providing access to the Content to which the complaint pertained.

§11.

  1. The Service provides email Newsletter subscription free of charge to the Clients.
  2. The Newsletter service shall be provided 7 days a week, 24 hours a day.
  3. We reserve the right to choose and change the type, forms, time and methods of access to selected Newsletter services, which shall be communicated to Clients in an appropriate way under these Terms and Conditions.
  4. The Newsletter service may be used by each Client who enters their e-mail address, using the registration form available on the Site. After submitting the completed registration form, the Client shall immediately receive confirmation from the Operator via email to the email address provided in the registration form. With this moment an agreement on Newsletter service provision by electronic means becomes entered into.
  5. The Newsletter service is based on submitting to the email address, an electronic message containing information about new products or services in the offer. The Newsletter shall be sent to all Clients who subscribed to it.
  6. Each Newsletter addressed to the Clients contains, in particular: information about the sender, filled in “subject” field, information defining the content of the message about the possibility and ways to resign from the Newsletter unpaid service.
  7. The Client may, at any time, resign from the Newsletter subscription service by unsubscribing via a link in each email message sent under the Newsletter service or by activating the appropriate box in the Client Account.

§12.

  1. The content of the Service constitutes a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and as such is subject to legal protection.
  2. The User, proceeding to use the Service, is fully responsible for any damage resulting from behavior violating the copyright, trademark rights, patent, personal and property rights of third parties and any other intellectual and industrial property rights.
  3. The User agrees to use the Service in accordance with these Regulations.

§13.

  1. The Regulations are valid from 10.12.2019.
  2. Changing the content of these Regulations or issuing new regulations may occur in the case of amendments to the content of the current law, changes in tax law, changes in the technical conditions for conducting an online store, changes in the principles of operation of the Internet due to changes in the law or rulings and / or decisions of the relevant authorities.
  3. The Operator of the Service will inform about changes or new regulations. Changes in the Regulations take effect from the date of posting information about the change and are applied to orders placed after the date of enactment.
  4. In the case of non-acceptance of changes to the Regulations the Client can terminate the Agreement with immediate effect, under the condition of submitting termination notice in the form in which the Agreement was concluded, no later than within 14 days of notification of the change.
  5. The Operator of the Service is not responsible for:

1) difficulties in using the Service as a result of circumstances that it could not prevent or foresee,

2) damages caused by improper use of the Service by the Client, including the use of the Internet Rentals in a manner inconsistent with these Regulations;

  1. Any conflicts concerning the functioning of the Service are subject to the jurisdiction of the Polish courts.
  2. These Regulations shall enter into force on 12.12.2020.