Breath Work Retreat

Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

WWW.BREATHWORKRETREAT.PL

1 GENERAL PROVISIONS

The store www.breathworkretreat.pl operates on the principles set forth in these Regulations. Regulations define the conditions for the conclusion and termination of Sales Agreements for the product and the procedure for complaints, as well as the types and scope of services provided electronically by the Store www.breathworkretreat.pl, the rules for the provision of these services, the conditions for the conclusion and termination of agreements for the provision of electronic services. Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the www.breathworkretreat.pl Store, is obliged to comply with the provisions of these Regulations.

In matters not regulated by these Regulations, the provisions of: the Act on Providing Services by Electronic Means of July 18, 2002, the Act on Consumer Rights of May 30, 2014, the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, the Civil Code Act of April 23, 1964 and other relevant provisions of Polish law shall apply.

2 DEFINITIONS CONTAINED IN THE REGULATIONS

ORDER FORM – a form available on the website www.breathworkretreat.pl that allows placing an Order.

CUSTOMER – a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.

CONSUMER – a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

ENTERPRISE – a natural person, a legal person and an organizational unit which is not a legal person, to which the law grants legal capacity, conducting business or professional activity in its own name.

PRODUCT – a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.

REGULATIONS – these regulations of the Store.

SHOP – the Service Provider’s online store operating at www.breathworkretreat.pl.

SELLER, SERVICE PROVIDER – Agnieszka Romańczuk-Szatkowska, ul.Michała Wołodyjowskiego 13, 54-104 Wrocław, NIP

CONTRACT OF SALE – Contract of Sale of a Product concluded between the Customer and the Seller through the Store.

ORDER – Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

PRICE – the value expressed in monetary units that the Customer is obliged to pay to the

Seller for the Product.

3 INFORMATION ON PRODUCTS AND THEIR ORDERING

The Store www.breathworkretreat.pl sells Products via the Internet. Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market.

The information on the Store’s website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to buy a particular Product under the conditions specified in its description.

The price of the Product shown on the Store’s website is given in Polish zloty (PLN) and includes all components. The price does not include delivery costs. Orders can be placed through the website using the Order Form (Shop www.breathworkretreat.pl) – 24 hours a day, all year round. The condition for placing an Order in the Store by the Customer is reading the Terms and Conditions and accepting its provisions when placing the Order.

4 CONCLUSION OF THE CONTRACT OF SALE

In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order using the method made available by the Seller, in accordance with § 3 points 5 and 6 of the Regulations. Once the Order is placed, the Seller shall immediately confirm its receipt. Confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer to his/her Order. Confirmation of receipt of the Order is made by sending an e-mail message. Confirmation of receipt of the Order shall include: confirmation of all essential elements of the Order, the withdrawal form, these Regulations containing instructions on the right to withdraw from the contract. Upon receipt by the Customer of the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.

5 METHODS OF PAYMENT

The Seller provides the following payment methods: payment by traditional transfer to the Seller’s bank account, payment through an electronic payment system. In the case of payment by traditional transfer, the payment should be made to the bank account number: 20 1140 2004 0000 3502 8409 7238 (Mbank S.A.) Agnieszka Romańczuk-Szatkowska

Michała Wołodyjowskiego 13/34 Wrocław. In the title of the transfer, please write “Order No. …”.

In the case of payment through an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks. The Customer is obliged to pay the price of the Sales Agreement within 1 working days from the date of its conclusion, unless the Sales Agreement provides otherwise. The product will be shipped only after it has been paid for.

 

6 COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT

The Product delivery costs, which are covered by the Customer, are determined during the process of placing the Order. The term of delivery of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier: the time of completion of the Products is 1-2 working days, the delivery of the Products which are movable items by the carrier takes place within the time declared by the carrier, i.e. 2-3 working days from the moment of sending the parcel (delivery takes place only on working days excluding Saturdays, Sundays and holidays). Products purchased in the Store are shipped only on the territory of Poland via the Polish Post or a courier company. Digital Products – shipped immediately to the email address indicated in the order

7 PRODUCT COMPLAINTS

Complaint for non-compliance of the Product with the contract. The basis and scope of the Seller’s liability to the Customer who is a Consumer for non-compliance of the Product with the contract are set forth in the Consumer Rights Act of May 30, 2014, the basis and scope of the Seller’s liability to the Customer who is an Entrepreneur under the warranty are set forth in the Civil Code Act of April 23, 1964, The Seller is responsible to the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on behalf of the Seller is longer, notification of the lack of conformity of the Product with the contract and the submission of an appropriate request can be made via e-mail to: aga.drogaoddechu@gmail.com or in writing to the address: Agnieszka Romańczuk-Szatkowska, Ul. Michała Wołodyjowekigo 13, 54-104 Wrocław. In the above message in written or electronic form, please provide as much information and circumstances relating to the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact information. The information provided will significantly facilitate and accelerate the processing of the complaint by the Seller, for the assessment of irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense, the Seller will respond to the Client’s request immediately, no later than within 14 days from the moment of filing a complaint, in the case of a complaint from a Client who is a Consumer – failure to consider the complaint within 14 days of its filing is tantamount to its acceptance, in connection with a justified complaint from a Client who is a Consumer the Seller accordingly: covers the cost of repair or replacement and redelivery of the Product to the Consumer, reduces the price of the Product (the reduced price must remain in the proportion of the price of the goods in accordance with the contract to the goods not in accordance with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receipt of the statement of price reduction from the Consumer, in the case of withdrawal from the contract by the Consumer – the Seller returns the price of the Product to the Consumer no later than within 14 days of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the expense of the Seller, the response to the complaint is provided on paper or other permanent medium such as an email or SMS.

8 RIGHT OF WITHDRAWAL FROM THE CONTRACT

Subject to point 10 of this paragraph, a Customer who is also a Consumer, who has concluded a remote contract, may withdraw from it without giving reasons, making a statement to that effect within 14 days. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the day on which he or she withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. In case of withdrawal from the Sales Agreement, the Product should be returned to the address: ul. Michała Wołodyjowskiego 13/34, 54-104 Wrocław. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal and has not provided the Consumer with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer shall handle and inspect the Products only in the same manner as he would be able to do so in a stationary store. Subject to clauses 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the return will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement. If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse him, the additional costs incurred by him. If the Seller did not offer to collect the Product from the Consumer himself, the Seller may withhold reimbursement of payments received from the Consumer until he receives the item back or provides proof of its return, whichever event occurs first. The Consumer withdrawing from the Sales Agreement, in accordance with Section 1 of this paragraph, shall bear only the costs of returning the Product to the Seller. The fourteen-day period in which the Consumer may withdraw from the contract shall be counted for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership – from the date on which the Consumer (or a third person indicated by him/her other than the carrier) took possession of the Product. The right of withdrawal from a remote agreement does not apply to the Consumer in the case of a Sales Agreement, among others, in which the subject of performance is a non-refabricated product, manufactured to the Consumer’s specifications or serving to meet his individual needs. The right of withdrawal from the Sales Agreement is vested in both the Seller and the Customer, in case of failure of the other party to the agreement to perform its obligation within a strictly specified period.

9 TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider makes it possible through the Store to use the Electronic Service, which is the conclusion of Contracts for Sale of a Product. Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions specified in the Regulations. The Service Provider has the right to post advertising content on the Store’s website. These contents, are an integral part of the Store and the materials presented therein.

10 TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES

Provision of Electronic Services specified in § 9.1 of the Regulations by the Service Provider is free of charge. The agreement for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated at the time of placing the Order or at the end of its placement by the Customer. Technical requirements necessary to work with the ICT system used by the Service Provider: computer (or mobile device) with access to the Internet, access to e-mail, web browser, enable Cookies and Javascript in the web browser. The Customer is obliged to use the Store in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties. The customer is obliged to enter data in accordance with the facts.

The recipient is prohibited to provide content of an unlawful nature.

11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

Complaints relating to the provision of Electronic Services through the Store, the Customer may submit via e-mail to the following address: aga.droga.oddechu@gmail.com. In the above e-mail, please provide as much information and circumstances relating to the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider. Consideration of the complaint by the Service Provider shall take place immediately, no later than within 14 days from the date of notification. The Service Provider’s response to the complaint shall be sent to the Client’s e-mail address provided in the complaint notification or in any other manner provided by the Client

12 FINAL PROVISIONS

Contracts concluded through the Store are concluded in accordance with Polish law. If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision. Any disputes arising from Sales Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction, in accordance with Section 4 of this paragraph. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964. The Client who is a Consumer also has the right to use out-of-court means of dispute resolution, in particular by submitting, at the end of the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge. In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at:

http://ec.europa.eu/consumers/odr/.