Regulations

Regulations for the provision of electronic services

Article 1 [Background information].

1. These terms and conditions are the terms and conditions for the provision of electronic services via the website: www.mtsholistictherapy.pl (hereinafter the "Site").
2. The owner and the entity providing electronic services through the Site is: MTS ACADEMY LTD Sp. Z. O. O. Polish Branch ŁUBINOWA 12/4, 52-210 WROCLAW, NIP: 1010009612 (hereinafter referred to as "Service Provider").
3. You can contact the Service Provider via:
   1. e-mail: sklep@mtsholistictherapy.pl
   2. by telephone: +48 537-497-227
4. These regulations were adopted on 04.04.2022.
5. The Service Provider reserves the right to amend the Terms and Conditions.

Article 2 [Types and scope of services provided].

1. The website contains basic information about the Service Provider's activities: an author blog on health, rehabilitation, paramedical services and an online shop.
2. Through the Site, the Service Provider provides paid and free services
   1. Within the framework of the online shop: sale of digital content in the form of the Service Provider's original publications; sale of temporary and renewable access to the Service Provider's digital content; purchase of products in the form of vouchers for physiotherapy and paramedical services; payment for the "diagnostics" service after prior consultation at the clinic (MTS Holistic Therapy Centre); products in the form of tools used for patient therapy.
   2. creation of a user account;
   3. subscription to a newsletter with commercial information (promotions, special offers);
   4. publication of comments;
3. Paid services shall be marked in such a way that there is no doubt that the use of the service entails an obligation to pay.

Article 3 [Technical conditions for use of services].

1. 1 In order to use the Site properly you should have:
   1. a device (PC, tablet, smartphone) with an internet connection,
   2. web browser,
   3. full legal capacity to make purchases on the Site,
   4. e-mail address, in order to make purchases on the Site or to subscribe to the newsletter.
2. (2) The publication of unlawful content on the Site is prohibited.

Article 4 [Online shop]

1 [Placing orders]:

1. Orders can be placed after the creation of a user account or once without registration.
2. Successful placement of an order requires the submission of the data specified on the order form. The data should be true and up-to-date.
3. The contract of sale is concluded after you have provided the mandatory data, clicked on the "Buy and pay" option, paid the price and received an e-mail confirmation of the order sent by the Service Provider.
4. Once the price has been paid and an e-mail confirmation of the order has been sent by the Service Provider, it is not possible to return the purchased digital product. Other products can be returned in accordance with the return regulations.
5. The service provider will process your order once you have made payment and confirmed your order. Payment must be made immediately after placing the order via the platform Elavon. If the order is not paid on the same day, it will be cancelled.
6. Orders for individual publications by the Service Provider are processed as soon as the payment is credited to the Service Provider's bank account.
7. The service provider fulfils the order by making the purchased publication available in the user's account and by email information in the case of digital products.
8. Access to publications in your account may be time-limited as part of the subscriptions sold by the Service Provider.
9. The time for using the purchased product in the form of vouchers for physiotherapy services is a maximum of 3 months from the date of confirming its purchase via e-mail by the Service Provider. The product can only be used by making an appointment directly with MTS Holistic Therapy at ul. Łubinowa 12/4, 52-210 Wrocław or by telephone at tel. +48 537-497-227 or by e-mail at sklep@mtsholistictherapy.pl subject to confirmation of the date by the Service Provider by e-mail to the e-mail address provided or by text message to the telephone number provided with the order.
10. There is a maximum of 3 months to use the purchased product in the form of paying for the 'diagnostics' service after a prior consultation at the clinic (MTS Holistic Therapy Centre).
11. Orders for therapy tools, on the other hand, are carried out immediately after the form of delivery proposed by the Service Provider has been agreed.

2 [Making payments].

1. The service provider makes it possible to pay: via Elavon.
2. Payment is made as soon as the funds are credited to the Service Provider's account or credited by the payment operator's system;

3 [Delivery/Receipt of Goods].

1. The service provider sells digital content stored in popular formats.
2. Purchased content is made available to each user on their individual user account.
3. If there are problems with the publication you have received (e.g. the file does not open), please contact the Service Provider.
4. The product in the form of a Voucher or paid-for "diagnostics" service is available immediately after payment in the user's account and in the inbox of the e-mail address provided at the time of purchase.
5. Products in the form of patient therapy tools will be dispatched to the buyer within 7 working days of purchase.

4 [Other information].

1. In case of doubt, the prices shown on the Site shall be deemed to be gross prices.
2. The service provider reserves the right to refuse to process your order if, in particular: (a) you have provided false data, making the delivery of the ordered publication impossible (b) you have not paid for the order on time.

Article 5 [Consumer rights].

1. The provisions of Articles 5 - 7 below shall apply to consumers and those exercising consumer rights under the provisions of the Civil Code.
2. The Service Provider shall be liable to persons and entities other than those referred to in paragraph 1 above under the warranty in accordance with the Civil Code.
3. A natural person who makes a legal transaction with a trader which is not directly related to that person's trade or profession is considered a consumer. The consumer's rights may also be exercised by a natural person conducting a business activity, if it follows from the content of the agreement that it is not of a professional nature for that person, in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
4. The legal basis for consumer rights is the Consumer Rights Act. Contractual provisions less favourable to the consumer than the provisions of the Act are invalid and the provisions of the Act apply instead.

Article 6 [Consumer's right of withdrawal].

1. Any person who purchases products or services as a consumer has the right to withdraw from the contract without giving any reason. Please note that you will not have a right of withdrawal for the purchase of digital content which is not recorded on a tangible medium or services if the performance has begun with your express consent before the end of the withdrawal period.
2. In order to exercise your right of withdrawal without stating a reason in the case of non-digital products, you are required to make a declaration of intent to this effect. You can use the form at the very bottom of the Terms and Conditions, but this is not obligatory. It is sufficient for you to send us an e-mail or a handwritten letter stating your details (name, surname, home address, telephone number or e-mail address if applicable), information about the purchased product or service and stating that you wish to withdraw from the contract.
3. The 14-day period is deemed to have been observed if you send us an email or a letter before the expiry of this period.
4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded and for this reason we shall be obliged to refund to you the payments you have made and you shall be obliged to return the purchased products.
5. No later than 14 days from the date of receipt of your declaration of withdrawal, we will reimburse you for all payments made, including postage costs (if any) provided that we will reimburse postage costs up to the amount of the cheapest delivery option offered by us. If you have chosen a delivery method other than the cheapest ordinary delivery method offered by us, we will not be obliged to reimburse you for the additional costs incurred.
6. Payment may be withheld by us until we have received the products back from you or you have provided proof of return. We will return your payment to you using the same method of payment, unless you request that we return your funds to you in another way.
7. The products should be returned no later than 14 days from the day on which you cancelled the contract. It is sufficient to send the items back before the deadline. The direct costs incurred by you for returning the goods will not be reimbursed by us.
8. In the event of withdrawal, you shall be liable for any diminution in the value of the returned products resulting from your use of them beyond what is necessary to establish their nature, characteristics and functioning.

Article 7 [Consumer's rights relating to lack of conformity with the contract].

1. The Service Provider shall be liable vis-à-vis the consumer for any lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years of that time, unless the shelf life of the goods, as determined by the Service Provider, its legal predecessors or persons acting on their behalf, is longer. Any lack of conformity of the goods with the contract that becomes apparent before the expiry of two years after delivery of the goods shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specific nature of the goods or the nature of the lack of conformity of the goods with the contract.
2. With regard to goods with digital elements, the Service Provider shall be liable to the consumer for the non-conformity with the contract of the digital content or digital service supplied on a continuous basis, which has occurred or become apparent at the time when, according to the contract, they were to be supplied. This time shall not be less than two years from the time of delivery of the digital content goods. The non-conformity of the digital content or digital service with the contract shall be presumed to have occurred within that time if it became apparent within that time.
3. The service provider shall be liable for the non-conformity with the contract of the digital content or digital service delivered in one go or in parts which existed at the time of delivery and became apparent within two years of that time. Any non-conformity of the digital content or digital service with the contract that becomes apparent before the expiry of one year from the time of delivery of the digital content or digital service shall be presumed to have existed at the time of delivery.
4. The Service Provider shall be liable for the non-conformity with the contract of digital content or digital service provided on a continuous basis which has occurred or become apparent at the time when, according to the contract, it was to be provided. The non-conformity of the digital content or digital service with the contract shall be presumed to have occurred at that time if it became apparent at that time.
5. The presumptions set out in paragraphs 3 and 4 shall not apply if:
   a. the consumer's digital environment is not compatible with the technical requirements communicated to the consumer by the Service Provider in a clear and comprehensible manner prior to the conclusion of the contract;
   b. the consumer, informed in a clear and comprehensible manner prior to the conclusion of the contract of the obligation to cooperate with the Service Provider, to a reasonable extent and using the least onerous technical means possible, in order to establish whether the non-conformity of the digital content or digital service with the contract in good time is due to the characteristics of the consumer's digital environment, fails to comply with that obligation.
6. Consumer rights in the event of non-conformity of goods:
   1. a. If the goods are not in conformity with the contract, the consumer may request repair or replacement.
   2. b. The Service Provider may make a replacement when the consumer requests a repair, or the Service Provider may make a repair when the consumer requests a replacement if it is impossible or would require excessive costs for the Service Provider to bring the goods into conformity with the contract in the manner chosen by the consumer.
   3. c. If repair and replacement are impossible or would require excessive costs for the Service Provider, the Service Provider may refuse to bring the goods into conformity with the contract.
   4. d. The Consumer shall also have the right to submit a declaration to the Service Provider either to reduce the price or to withdraw from the contract when one of the following events occurs:
      1. i. The service provider has refused to bring the goods into conformity with the contract,
      2. ii. The service provider has failed to bring the goods into conformity with the contract,
      3. iii. the non-conformity of the goods with the contract continues even though the Service Provider has attempted to bring the goods into conformity with the contract;
      4. iv. the lack of conformity of the goods with the contract is such as to justify either a reduction in price or withdrawal from the contract without first exercising the right to repair or replace the goods,
      5. v. it is clear from the Service Provider's statement or circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
      6. e. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. The lack of conformity of the goods with the contract shall be presumed to be material.
7. Consumer rights in the event of non-conformity of digital content or digital service:
   1. a. If the digital content or digital service is not in conformity with the contract, the consumer may request that it be brought into conformity with the contract.
   2. b. The Service Provider may refuse to bring the digital content or digital service into conformity with the contract if bringing the digital content or digital service into conformity with the contract is impossible or would require excessive costs for the Service Provider.
   3. c. If the digital content or digital service is not in conformity with the contract, the consumer may make a declaration to reduce the price or withdraw from the contract when:
      1. and bringing the digital content or digital service into conformity with the contract is impossible or requires unreasonable costs,
      2. ii. The service provider has failed to bring the digital content or digital service into compliance with the contract,
      3. iii. the non-conformity of the digital content or digital service with the contract continues even though the Service Provider has attempted to bring the digital content or digital service into conformity with the contract,
      4. iv. the non-conformity of the digital content or digital service with the contract is such as to justify either a reduction in price or withdrawal from the contract without first exercising the right to bring the digital content or digital service into conformity with the contract,
      5. v. it is clear from the Service Provider's statement or circumstances that it will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
      6. d. The consumer may not withdraw from the contract if the digital content or digital service is provided in exchange for the payment of a price and the lack of conformity of the digital content or digital service with the contract is not significant. The lack of conformity of the digital content or digital service with the contract shall be presumed to be material.

Article 8 [Complaints procedure]

1. The right to lodge a complaint shall be available to any person using the Site, in particular persons making purchases on the Site or using services provided through the Site.
2. You can address all complaints, comments and objections regarding the Site and the services provided through it to: sklep@mtsholistictherapy.pl
3. In the case of non-conformity of contract or warranty claims, you are obliged to state:
   1. contact details - name, surname, e-mail address, telephone number, home address,
   2. data relating to the contract or the goods (digital content and digital service), so that we can identify the transaction,
   3. the reason for the complaint and, if you are claiming physical defects of the goods, also photographic documentation of the defects,
   4. Your requests
4. For complaints relating to matters other than faulty goods/service, you are obliged to state:
   1. contact details - name, surname and e-mail address,
   2. description of the reasons for the complaint,
   3. Your demands, proposals and requests.
5. The Service Provider undertakes to respond to the complaint within 14 days, from the date of receipt. The Service Provider shall respond to the complaint by electronic mail (e-mail).
6. Provisions specific to consumers:
   1. The Service Provider shall carry out the repair or replacement within a reasonable time from the moment the Service Provider is informed by the consumer of the lack of conformity with the contract and without undue inconvenience for the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Service Provider.
   2. The consumer shall make the goods subject to repair or replacement available to the Service Provider. The Service Provider shall collect the goods from the consumer at its own expense.
   3. If the goods have been assembled before the non-conformity of the goods with the contract becomes apparent, the Service Provider shall dismantle the goods and reassemble them after repair or replacement or have them done at its expense.
   4. The reduced price must be in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.
   5. The service provider shall reimburse the consumer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the consumer's declaration of price reduction.
   6. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the Service Provider at the Service Provider's expense. The Service Provider shall return the price to the consumer immediately, but no later than within 14 days of receipt of the goods or proof of their return.
   7. The service provider shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.

Article 9 [User account].

1. The user may create an account on the Site. This is a free service.
2. Having an active account is a condition for making purchases on the Site.
3. An account is created via a dedicated form.
4. Access to the account is made by the user providing the following: a login and a password established by the user. The password should be kept confidential by the user.
5. The account can be deleted at any time by the user himself.

Article 10 [Newsletter]

1. The service in the form of a newsletter subscription is free of charge. It consists in the Service Provider sending commercial information about promotions and special offers of the Service Provider. By subscribing to the newsletter, you consent to the Service Provider sending commercial information to the e-mail address you provide.
2. You can unsubscribe from the newsletter at any time using the unsubscribe option included in the newsletter message or by contacting the Service Provider.

Article 11 [Comments].

1. You can publish comments on the Site.
2. The service provider reserves the right to delete comments without stating a reason.

Article 12 [Dispute resolution].

1. By accepting these terms and conditions you agree that in the event of a dispute we will try to resolve it jointly and amicably. The time for negotiation will be 3 months from the date of the claim by me or you. If we do not find a solution to resolve the dispute within the specified period, we will be able to submit our claims to the court of law.
2. In the case of provision of services to a consumer residing in a country other than Poland, we agree that the case will be decided according to Polish law. This agreement does not deprive you of the protection afforded to you under provisions that cannot be excluded by contract and by law.
3. I consent to out-of-court dispute resolution. If you wish to raise a case against me you may do so electronically at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

Article 13 [Protection of personal data].

1. The Service Provider is a data controller within the meaning of data protection legislation (RODO and others). Information on the principles of data processing by the Service Provider is contained in the Privacy Policy available at: www.mtsholistictherapy.pl/polityka-prywatnosci

Article 14 [Model withdrawal form] -. download here

The document should be printed, signed and a scan sent back to sklep@mtsholistictherapy.pl