REGULATIONS

ELECTRONIC SERVICE REGULATIONS

§ 1 General provisions

1. These Regulations define the rules for the provision of electronic services.

2. The current version of the Regulations is available free of charge at https://perfectmoodboard.pl/regulamin/.

3. Whenever the Regulations refer to:

1. commercial information,it is understood as any form of information intended to promote, directly or indirectly, the goods, services or image of an enterprise, organization or person engaged in trade, business, craft or regulated profession. The following information does not in itself represent commercial information:
   
   1. information that allows direct access to the business of the organization or person, in particular, the domain name or e-mail address,
   2. information relating to the goods, services or image of a company, organization or person, developed in an independent manner, especially if it is provided without mutual financial consideration;
2. Website, it is understood as a website available on the Internet at https://perfectmoodboard.pl/;
3. a service provided electronically, it means the performance of the Service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the Customer, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network;
4. Customer, means an individual who uses the services offered by the Service Provider through the Website;
5. Service Provider, shall be understood as Ms. Anna Łazarska conducting business activity under the name Anna Łazarska Perfect Mood Board in Zgierz, Kocidłowska 3, 95-100 Zgierz, NIP: 9471892698, REGON: 365260126.

§ 2 Types and scope of services

1. The Service Provider offers the Customers the following services provided electronically:
   1. Adding comments on the blog,
   2. Sending messages to the Service Provider,
   3. Booking an appointment for an individual analysis or course service;
   4. Purchase of cosmetics, sample sets or T-shirts,
   5. Newsletter mailing,
   6. Sending materials in .pdf format to the specified e-mail address.

2. Services, referred to in:
   1. § 2 (1)(1)-(2) and (5) of the Regulations – are free of charge,
   2. § 2 (1)(3) of the Regulations – is free of charge in terms of booking an appointment, with the analysis or course service itself being provided in person and paid for in accordance with the information provided on the Website;
   3. § 2.1 (4) of the Regulations – is payable (the price of the product is shown on the Website),
   4. § 2 (1)(6) of the Regulations – is free of charge for those who have used the colour or silhouette analysis service.

3. The use of services referred in § 2 (1) does not require registration.

4. Adding comments on the Website is performed by the Customer by conducting the following activities::
   1. Selecting the “Blog” tab;
   2. Selecting an article (by clicking on its title);
   3. Entering the content of the comment in the “Leave a Reply” field;
   4. Enter personal data in the following fields first name, e-mail address and (optional) website address;
   5. Optionally – choosing to save data when entering subsequent comments (so-called permanent cookies);
   6. accepting these Regulations;
   7. expressing the consent to the personal data processing;
   8. approval of the information clause on the processing of personal data;
   9. Selecting the “Add Comment” button.
5. Sending a message to the Service Provider is conducted by the Customer performing the following actions:
   1. Selecting the “Contact” tab;
   2. Entering personal information in the following fields first name, last name and e-mail address;
   3. Entering the subject of the message in the “Subject” field;
   4. Entering the content of the message in the “Message Content” field;
   5. accepting these Regulations;
   6. expressing the consent to the personal data processing;
   7. approval of the information clause on the processing of personal data;
   8. Selecting the “Send” button.
6. The selection of the date of the provision of the individual colour analysis service, the Individual 10-week Style Building Programme or archetypal silhouette analysis course takes place by performing the following activities by the Customer:
   1. Selecting the “Offer” tab;
   2. Product selection (“Line,” “Colour” or “Style”);
   3. Selecting the “Book an appointment” button;
   4. Selection of the day on which the service is to be provided;
   5. Selection of the time when the service is to start;
   6. Entering personal information in the following fields: first name, last name and e-mail address;
   7. Re-selection of the booked service;
   8. accepting these Regulations;
   9. expressing the consent to the personal data processing;
   10. approval of the information clause on the processing of personal data;
   11. confirmation of the reservation.
7. The purchase of cosmetics, sample sets and T-shirts is made by performing the following actions by the Customer:

8. The service provider accepts payments by bank transfer to the account number indicated electronically (e-mail), payments via PayByLink, payments via BLIK application and through PayPal (for purchases of products electronically).
9. Subscribing to the newsletter is done by performing the following actions by the Customer:
   1. Selecting the appropriate tab;
   2. Entering personal information in the following fields: email address;
   3. accepting these Regulations;
   4. expressing the consent to the personal data processing;
   5. approval of the information clause on the processing of personal data;
   6. Selecting the “Save” button;
10. The Service Provider does not send unsolicited commercial information to Customers.

§ 3 Necessary technical requirements

1. The ability to properly use the services provided by the Service Provider is subject to the combined fulfilment of the following technical requirements by the Customer:
2. having a device capable of connecting to the Internet (desktop or portable computer, tablet or smartphone),
3. internet access,
4. access to e-mail,
5. Windows XP or newer software, macOS, Android or IOS.

2. The Service Provider is not responsible for irregularities in the functioning of services provided electronically resulting from the Customer’s failure to meet the technical requirements.

3. The fulfilment of certain technical requirements specified in § 3 (1) of these Regulations may require the Customer to incur fees, in particular for access to the Internet.

§ 4  Terms of Service

1. The Customer is obliged to refrain from all activities that may impede other Customers’ access to the Site and interfere with its operation.

2. The Customer may use the services provided by the Service Provider electronically only for purposes that are in accordance with the law and good manners. Action inconsistent with this obligation is, among others, posting content that is offensive, vulgar, drastic or inciting to hatred or containing links – also camouflaged – to pages containing such content or publishing pornographic content.

3. The Service Provider shall make every effort to keep the Website functioning without interruption subject to those initiated for the purpose of updating, repairing or maintaining the IT system.

§ 5 Intellectual property rights

The website – including its code, logo, graphics or content contained therein – is protected by intellectual property rights belonging to the Service Provider or other entities that have granted it appropriate licenses. Provision of electronic services by the Service Provider does not constitute the granting of a license to the Customer to use such content.

§ 6 Liability

1. The Service Provider stipulates that the use of the Website is solely at the expense and risk of the Customer.

2. The Service Provider informs that the use of the Website and the services offered by it provided electronically is associated with threats specific to this type of service, in particular with the possibility of:
   1. receiving by the Customer of unsolicited commercial information,
   2. presence of unwanted malware or spyware installed on the Customer’s device,
   3. exposure to cracking or phishing.

The Service Provider declares that all possible measures have been taken on its side to minimize these risks.

3. The Service Provider shall not be liable for:

1. any damage resulting from the Customer’s use of services provided by the Service Provider in a manner inconsistent with the law or these Regulations,
2. content posted on websites other than the Website.

4. The Service Provider shall not be liable for non-performance or improper performance of its obligations resulting from defective hardware or software of the Customer.

§ 7  Withdrawal from a contract concluded at a distance

1. The Customer has the right to withdraw from the contract for the provision of services referred to in § 2 point 1 (3) and (4) of these Regulations without stating a reason, provided that he/she is a consumer or a natural person concluding a contract directly related to his/her business activity, if it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity [CEIDG].
2. The withdrawal is made by sending to the following address within 14 days from the date of the contract anna@perfectmoodboard.pl an email containing the following:
   1. Statement of withdrawal from the contract (please provide the name of the product or the name of the service),
   2. Date of concluding the contract (date of purchase),
   3. Recipient’s data: name and surname, company, e-mail address.
3. The right of withdrawal from a contract concluded at a distance does not apply to the Customer with respect to contracts in which the subject of performance is:
   1. Service fully performed by the Service Provider with the express consent of the consumer,
   2. The item is delivered in a sealed package (in particular a cosmetic), which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery. Returns of products damaged or bearing any signs of use will not be accepted. Costs of such damaged and used products will not be refunded. 

4. The costs of returning the products (including shipping and packaging) shall be borne by the Customer.

§ 8 Complaint procedure

1. Complaints regarding the services provided by the Service Provider under these Regulations may be submitted by the Customer by e-mail to anna@perfectmoodboard.pl.

2. A properly submitted complaint should include at least:
   1. designation of the Customer,
   2. subject of the complaint,
   3. circumstances justifying the complaint,
   4. if the complaint is made under the warranty provisions:

1. a request to replace the goods, or
2. a request to remove the defect, or
3. a declaration of price reduction (specifying the amount by which the price is to be reduced), or
4. a statement of withdrawal from the contract.

3. The Customer’s ability to submit a declaration of withdrawal from the contract due to its defect is limited in the following cases:
   1. the defect is insignificant,
   2. The Service Provider will propose an immediate and not inconvenient for the Service Recipient replacement of the defective service with a service free from defects or will remove the defect.

4. A Customer who is a consumer, in the case referred to in § 8.3.2 of these Regulations, may:

1. demand replacement instead of the proposed removal of the defect,
2. instead of the proposed replacement, demand that the defect be removed (unless its removal is impossible or would require the Service Provider to incur excessive costs).

5. The Service Provider considers the complaint immediately, but not later than within:

1. 14 days from its receipt – in the case of a complaint made under the warranty;
2. 30 days from its receipt – in other cases.

6. In the event of a positive consideration of the complaint in such a way that:

1. The Service Provider will refund part or all of the price to the Customer – this will be done within the time limit referred to in § 8.5.1 of these Regulations;
2. The Service Provider will remove the defect or replace the product with a new one – it will be done immediately. The Service Provider will inform the Customer of the expected time for the processing of his/her claim.

7. The Service Provider shall respond to the complaint in the same form in which it was submitted, unless the Service Provider and the Customer individually come to a different agreement.

§ 9 Final provisions

1. The language of the contracts referred to in these Regulations is Polish.

2. The Service Provider reserves the right to amend these Regulations at any time.

3. Amendments to the Regulations may be made at any time and shall become effective upon publication.

4. The law applicable to the assessment of the effects of the application of the Regulations and the provision of electronic services is:
   1. the law of the consumer’s country of habitual residence, as long as that country is a member state of the European Union, and the Service Provider directs its services to that country,
   2. Polish law – in other cases.