§ 1

Provisions and general principles

1. These Regulations set forth the conditions of operation of the Balola salon located in Sopot (hereinafter referred to as the Salon) and the rules of using the balola.pl website (hereinafter referred to as the Website) operated by Skin Routine Marta Socha-Kilanowska (hereinafter referred to as the Operator) and apply to all relations between the Operator and the Customer and the User resulting from the use of the Operator’s services.

2. The Regulations set forth the general terms and conditions of the Salon service sales contract, on the basis of which the Customer purchases the treatment service, in accordance with Article 384 of the Polish Civil Code. The Regulations are available through the Website and at the Salon.

3. Users and Clients accept the Terms and Conditions of the Salon and the Website at the time of subscribing to the Newsletter service or booking an appointment.

4. User and Clients are entitled and obliged to use the Salon Services and the Website in accordance with their intended purpose.

§ 2

Definitions

1. Client Card – a form completed by the Client at the first visit to the Salon, containing the Client’s data such as: name, surname, telephone number, relevant health information (allergies, chronic diseases, pregnancy and medications).

2. Client – a natural person who is at least 18 years old or has full legal capacity, as well as a legal person or an organizational unit without legal personality, who uses the Services provided by the Operator in the Salon after concluding the Reservation Agreement.

3. Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.

4. Operator/Administrator – Marta Socha- Kilanowska, running a business under the name Skin Routine Holistyczna Diagnostyka Cery Marta Socha- Kilanowska, 35/2 Sezamkowa street, 81-198 Dębogórze, NIP: 7471792547 REGON: 523584387, e-mail: sopot@balola.pl, telephone number: 666 466 717.

5. Entrepreneur – a natural person, legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting economic or professional activity on its own behalf.

6. Entrepreneur as a consumer – a person who enters into a contract with an entrepreneur that is not directly related to his business or professional activity.

7. Regulations – these terms and conditions of the beauty salon and balola.pl website

8. Salon – a beauty salon run by the Operator as part of ith business activity in Sopot (4/1b Tadeusza Kościuszki street, 81-704 Sopot).

9. Booksy – an appointment booking service available at booksy.com.

10. Website – website maintained by the Operator at balola.pl. The website is intended to provide Users with information related – also indirectly – to the activities of the Operator, including in particular on the services provided and the possibility of booking a visit as part of the Services provided by the Operator.

11. Reservation Agreement – an agreement concluded or entered into between the Client and the Operator for the purpose of performing a Treatment at the Salon on a date specified by the Client. The Reservation Agreement is a preliminary agreement to conclude a Sales Agreement.

12. Sales Agreement – an agreement for the sale of a product or service concluded or entered into between the Customer and the Operator via booksy.com or by telephone.

13. Service – a service provided by the Operator to Users via electronic means, including the provision of information through publications on the Website, as well as in the form of messages, after subscribing to the Newsletter or booking a date in the Salon.

14. User – a natural person, who is at least 18 years old or has full legal capacity, as well as a legal person or an organizational unit without legal personality, who uses the Service provided electronically by the Operator.

15. Treatment – an action offered as part of the Operator’s offer in connection with the activities conducted in the Salon.

§ 3

Website capabilities

1. To use the Website’s capabilities, it is not necessary to meet specific technical conditions by the User’s computer or other device. Sufficient are:

1. Internet access,

2. standard operating system,

3. standard web browser,

4. having an active e-mail address.

2. On the Site, Users have the opportunity to select one of several Services offered by the Operator, such as:

1. Getting acquainted with the content offered by the Operator in the tabs “About us”, “Treatments”, “Price list”, “Equipment”, “Advice”, “Contact”. Access to articles and information is free of charge, without the need to provide personal data.

2. Making an appointment by redirecting to the booksy.com website. The service is payable and is possible after registering on the booksy.com website and accepting the website’s regulations: https://booksy.com/biz/pl-pl/polityka-prywatnosci#regulamin

3. Sign up for the Newsletter:

1. Newsletter service allows to send Users free of charge, with their consent, marketing e-mails, including in particular those related to the Operator’s offer – promotions, discount codes, product news.

2. When signing up for the Newsletter, you are required to provide your name and email address. These data are processed by the Operator as the Administrator for contact purposes to the extent related to the possible sending of the offer. Sending the form becomes effective only if the User expresses the appropriate consent included in the check-box content. The expression of consent is voluntary, but at the same time necessary to receive a return message from the Operator. If it is not expressed, the Administrator has no legal basis for contacting the User.

3. If the User wishes to resign from this service, the User selects the option “Unsubscribe from the newsletter” appearing as a separate field in the footer of each e-mail message sent by the Operator as part of the aforementioned service.

4. Sharing the Terms and Conditions and Privacy Policy. Access to the documents is free, without the need to provide personal data.

3. Users are obliged to:

1. use of the Website in a manner consistent with the law and decency, bearing in mind respect for personal rights, copyrights and intellectual property of the Operator and third parties;

2. entering data in accordance with the facts;

3. comply with the regulations.

4. Complaints related to the operation of the Website may be submitted by Users to the email address: sopot@balola.pl

5. In the description of the complaint, Users should include:

1. information and circumstances regarding the subject of the complaint, in particular the type of date and occurrence of irregularities,

2. User requests,

3. contact details of the complainant.

6. The Operator will respond to the complaint immediately, no later than within 14 calendar days from the date of submission.

§ 4

Rights and obligations of the Operator

1. The Operator is not responsible for disruptions, including interruptions, in the functioning of the Website caused by force majeure, unauthorized actions of third parties or incompatibility of the Website with the User’s technical infrastructure.

2. The operator is not responsible for the operation of the booksy.com website, which allows you to make an online reservation. The activity of the Booksy is the responsibility of: Booksy International Sp. z o. o. with its registered office in Warsaw, at the address: ul. Prosta 67, 00-838 Warsaw, KRS: 0000515914, NIP: 951 238 16 07 and REGON: 147315920. Booksy regulations can be found at: https://booksy.com/pl-pl/p/terms

3. In order to ensure the safety of the User and the transfer of data in connection with the use of the Website, the Operator shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

4. The Operator shall take measures to ensure the full proper functioning of the Website.

5. The Operator provides 24-hour access to the Site, but reserves the right to apply interruptions in access for technical reasons.

§ 5

Copyright

1. The Operator declares that he has full copyrights to the materials posted on the Webside.

2. The Operator undertakes that all materials made available as part of the operation of the Website will be comply with the law, ethical standards and decency.

3. The User does not subtract copyright to the Website, including, in particular:

1. dissemination, including on the Internet and in closed networks;

2. reproduction, including the right to permanent or temporary reproduction in whole or in part by any means and in any form, as well as development (translation, adaptation or any other changes) without limiting the conditions of permissibility of these activities, in particular, but not exclusively, to be used for the purposes of interaction with other works or for the development, production or marketing, lending, renting or other forms of use;

3. dispose of materials made available through the Website, including licensing them to third parties.

4. Violation of the provisions of §5 sec. 3 will be the basis for compensation claims by the Operator.

§ 6

Terms and conditions of contracting

1. Conclusion of the Reservation Agreement between the Client and the Operator takes place after the User makes a reservation on Booksy or makes a reservation by telephone, which results in the conclusion of the Reservation Agreement.

2. The procedure for concluding a Reservation Agreement and a Sales Agreement on Booksy:

1. Conclusion of the Reservation Agreement and the Sales Agreement between the Client and the Operator takes place after the Client places an Order on Booksy in accordance with the Booksy regulations. https://booksy.com/biz/pl-pl/privacy-policy#regulations or by phone directly with the Operator.

2. After booking the date, the Operator immediately confirms its receipt. As soon as the Client receives the confirmation of receipt of the reservation between the Operator and the Client, a Reservation Agreement is concluded between the Client and the Operator.

3. As part of the conclusion of the Reservation Agreement, the Client is obliged to pay a prepayment, which is a percentage of the entire price of the Treatment. Depending on the selected service, it is:

1. 50% of the Treatment price – for services such as manicure, pedicure and henna;

2. 30% of the Treatment price – for other services.

3. The price of the Treatment shown on the Website and on Booksy, given in Polish Zloty is a gross price and includes taxes. The total price is communicated to the Client when placing an order on Booksy, including when the Client expresses his/her willingness to be bound by the Reservation Agreement.

4. Recording, securing and making available to the Client the content of concluded Agreements, containing the conditions for the performance of the order is done by:

1. making these Regulations available on the Website;

2. sending the Client a message confirming the reservation.

5. The contents of the Agreements are additionally recorded and secured in the Operator’s Website’s computer system.

6. The Client can change the date indicated in the Reservation Agreement up to 3 times. Changing the fourth agreed date within one Reservation Agreement means withdrawal from the agreement by the Client, about which the Client is additionally informed in a text message during confirmation the final date. The provision of §9 sec. 2 of the Regulations shall apply accordingly.

7. The Client is entitled to a 15% birthday. The Client receives notification of the discount on the birthday indicated in the Client Card. The discount is granted for the selected Treatment, which will be performed within a month from the birthday. If the selected dates are not available, the Operator offers the nearest possible date. The Client is not entitled to reschedule the booked Treatment containing the birthday discount.

8. The Client has the option to purchase a gift voucher, which remains available for use for 3 months from the date of purchase. It is not possible to exchange the voucher for cash.

9. In the case of the purchase of treatment series and passes, the period of use of the service is one year from the date of purchase.

§ 7

Basic Salon principles

1. The indicated time of the Treatment service contained on the Website and on Booksy are approximate times and also include consultation and preparation for the Treatment service.

2. If the Client is late, the time is deducted from the time scheduled for the Treatment, unless it would be impossible or risky to perform the Treatment in full, as decided by the Operator or the employee to perform the Treatment. In that case, it is possible to refuse to perform the Treatment in full, without the possibility of withdrawal.

3. The Operator undertakes to make telephone contact with the Client in case of the Client’s failure to appear in the Salon for the agreed appointment. Lack of information and no contact from the Client after 15 minutes from the start in accordance with the Reservation Agreement means cancellation of the visit. The provision of §9 sec. 2 of the Regulations shall apply accordingly.

4. The Client is obliged to provide information about his health and it is responsible for the accuracy and truthfulness of the information provided.

5. For sanitary reasons and the organization of the Salon, the Client should come for a visit without the presence of pets or companions and should not eat meals during Treatments.

6. The client should not make phone calls during the procedure for the sake of the comfort of other Clients and the Operator’s employees.

7. The Operator or employees have the right not to perform the Treatment for safety reasons, if the Client’s condition indicates the consumption of alcohol or use of other drugs.

8. Treatments are performed only during the Salon’s business hours. The Operator reserves the right to change the working hours of the Salon or exclude part of the Salon space for fortuitous or planned reasons (e.g. renovation works).

§ 8

Payment

1. Payment for a paid Service is made by Booksy through the selected electronic payment or via a link to make a prepayment in the case of a telephone reservation (the link is active one hour from the moment of receiving the SMS message).

2. Payment is made automatically at the time of transfer, after acceptance by the User. Confirmation of the payment should be additionally sent to the e-mail address provided by the User when setting up an Account on the Website.

§ 9

Withdrawal and complaints

1. According to the polish Law on Consumer Rights (relying on other standards such as directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights), a Consumer may withdraw in writing from a contract for medical services or provision of services without stating a reason, within 14 days from the date of its conclusion.

2. In the event of booking a date, a prepayment is collected on Booksy or via a link, accorging to the values indicated by the Operator. In case of withdrawal from the Reservation Agreement by the Customer (cancellation of the reservation, change of the reservation less than 24 hours before the indicated date or in the case indicated in §6 sec. 6 of the Regulations), the prepayment is retained by the Operator.

3. Pursuant to Art. 38 point 1 of the polish Act on Consumer Rights, a consumer has no right to withdraw from an agreement concluded off-premises or at a distance with respect to agreements: 1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service, that after the performance of the service by the entrepreneur will lose the right to withdraw from the agreement. The subject of the agreement is booking the date of service performance. If you are late for the indicated date, the person performing the Service decides whether he has the opportunity to perform the Service at the remaining time – in the event of a negative decision, the person performing the service has the right to refuse to perform the Treatment. The Consumer is informed about the loss of the right to withdraw from the Reservation Agreement during the reservation process.

4. Other complaints about the Treatment, due to the nature of the service performed, the Consumer has the right to report in writing up to 7 days after the Treatment, indicating:

1. information and circumstances regarding the subject of the complaint, in particular the type of date and the occurrence of irregularities,

2. the Consumer’s request,

3. contact details of the complainant,

4. the date of execution of the Treatment.

5. The moment of commencement of performance is the delivery to the Consumer of a message confirming the making a reservation.

6. To withdraw from the Agreement, the Consumer must inform the Operator of his decision to withdraw by an unequivocal statement.

7. In order to comply with the deadline for withdrawal, it is sufficient for the Consumer to send information regarding the exercise of the Consumer’s right of withdraw before the expiry of the deadline for withdrawal.

8. The Operator shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

9. The provisions of this paragraph also apply to Entrepreneur, to whom the polish Civil Code grants some consumer rights (Entrepreneur as a consumer).

§ 10

Personal data and cookies

1. The administrator of the User’s personal data is the Operator.

2. The User’s personal data is processed in order to handle orders and possible defense, investigation or establishment of claims related to contracts concluded through the Website or Booksy.

3. Details regarding the processing of personal data and the use of cookies can be found in the privacy policy available at ___________.

§ 11

Out-of-court ways of dealing with complaints

1. The Operator agrees to submit any disputes arising in connection with the concluded agreements to mediation. Details will be determined by the conflicting parties.

2. The Consumer has the opportunity to use out-of-court means of handling complaints and claims. Among other things, the Consumer has the opportunity to:

1. turn to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded agreement,

2. turn to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Operator,

3. use the assistance of the district (city) consumer rights ombudsman or social organization whose statutory tasks include consumer protection.

3. More detailed information on out-of-court methods of dealing with complaints and pursuing claims the Consumer can look at http://polubowne.uokik.gov.pl.

4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of dispute regarding contractual obligations arising from an online sales contract or service contract.

§ 12

Final Provisions

1. The Operator is entitled at any time to unilaterally make changes or additions to these Regulations. The User will be informed about the changes by displaying a message on the main site. In the event of disagreement with the introduced changes, the Operator may prevent the User from using the Website.

2. The terms and conditions of cooperation are determined solely by the Regulations. Any information or advertising materials regarding the services provided by the Operator are for informational purposes only and are not legally binding.

3. The common court competent to disputes arising from the Regulations is Court competent for the seat of the Operator.

4. These Regulations are valid from March 31, 2023.