Regulations of the Tantraway store

  1. § 1

Preliminary provisions

1.     The website available at www.freyawolna.pl is managed by TANTRAWAY MICHALINA FRĄCZEK ul. Okrzeszyn 26 05-520 Konstancin-Jeziorna NIP: 6272385448

2.     The website is run to provide services available electronically (Services).

3.     By using the Website, Customers confirm having read the Regulations and accept the provisions contained therein in full and without reservations.

4.     These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store, as well as the rules and procedure for concluding Sales Agreements with Customers remotely via the Store.

5.     The Regulations are made available to the User free of charge via the Website in a form that enables their acquisition, reproduction and recording.

§ 2

Definitions

Seller – means the entity TANTRAWAY MICHALINA FRĄCZEK ul. Okrzeszyn 26 05-520 Konstancin-Jeziorna, NIP [Tax ID No.]: 6272385448, managing the website www.freyawolna.pl.
Consumer – a natural person concluding an agreement with the Seller using the Store, the subject of which is not directly related to its business or professional activity.

Client – any entity making purchases through the Store, a natural person who is over 18 years old, a natural person conducting business activity, a legal person, an organizational unit that is not a legal person, with full legal capacity.
Entrepreneur – Consumer – a natural person concluding an agreement directly related to its business activity, when the content of this agreement shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on CEiIDG.

User – any person using the Website.

Shop/Service – an online store run by the Seller at the Internet address www.freyawolna.pl to provide services available electronically (Services).

Distance agreement – an agreement concluded with the Customer as part of an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication by the time of concluding the agreement inclusively.

Regulations – regulations of the Tantraway Store at www.freyawolna.pl specified herein.

Order – Customer’s declaration of intent submitted via the “Shop” tab and aimed directly at concluding a Service Sales Agreement with the Seller.

User’s account – “My account” – customer’s account at the twww.freyawolna.pl Store enabling the use of Digital Services offered to Customers.

Basket – an element of the Store’s software, in which the Products selected by the Customer for purchase are visible, where it is also possible to determine and modify the Order details, in particular the quantity of products.

Contact form – Let’s talk – a form for contacting the Seller.

Order form – an interactive form available in the Store that allows to place an Order and specify the terms of the Sales Agreement, including the method of payment.

Services – services provided by Tantraway to the customer, consisting in making digital content available via the On-line Store for a fee or free of charge (depending on the option available and selected by the User) in the form of e.g., webinars, audio files with music, guides, on-line courses or consisting in organization of stationary workshops;

Sales agreement – an agreement for the sale of Services or the provision of services concluded between the Customer and the Seller via the On-line Store.

 

§ 3

Agreement with the Seller/Shop

1.     Seller’s address: ul. Okrzeszyn 26 05-520 Konstancin-Jeziorna.

Tax ID [NIP]: 6272385448 National Business Registry Number [Regon]: 145552313

2.     Seller’s e-mail address: kontakt@freyawolna.pl

3.     Seller’s phone number: 517 643 295. The Customer may communicate with the Seller by phone from 10:00 to 18:00 from Monday to Friday.

4.     The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph and on the website via the contact form. In order to effectively use the contact form, the Customer should indicate the name and surname, e-mail address, telephone number and writ a message, and then click “Send”. The Tantraway staff shall contact the Customer off the Store’s website in one of the ways provided by the Customer (e-mail, telephone).

§ 4

General information

1.     The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.

2.     The use of the Website for the provision of content begins when any page of the Website is opened and ends when the last page of the Website is closed.

3.     The content provided includes Services, as well as other products offered by Tantraway but not covered by these Regulations, information about news, events and entities related to Tantraway, or its areas of interest and activity.

4.     Browsing the Store’s content does not require creating an Account. However, placing orders by the Customer for Services in the Store’s assortment is possible by providing the necessary personal information and data enabling the execution of the Order without creating an Account.

5.     Tantraway obtains testimonials and opinions (e.g., opinions, recommendations, testimonials and other forms of evaluation) from Customers using the services offered by Tantraway, participants of trainings and events, and publishes them in the Store and uses them for other forms of promotion. Testimonials and opinions are obtained outside the Store, as part of individual contacts. Issued Testimonials and opinions are published in the Store with a name or nickname, and an image of the person issuing it, with consent of that person. An opinion may not contain content covered by the intellectual property rights of third parties. An author of a Testimonial and opinion may submit a request to remove this content from the Website at any time. Opinions come only from people who have used Tantraway’s services, and thus are verified by Tantraway under the account of being expressed from customers who actually used the products/services of the Store

6.     In the On-line Store, Tantraway provides plug-ins to its social network sites by placing them in the Store. Plug-ins for social network sites enable the Customer to go from the Store directly to the Tantraway account on a given social network site. Both the plug-ins and social network sites operate on the terms set out in the regulations of individual social network sites and are independent of Tantraway. To the fullest extent permitted by law, Tantraway is not responsible for the operation of plug-ins and social network sites.

§ 5

Regulations for placing an Order

Orders in the Store can be placed 24 hours a day, 7 days a week, throughout the year. In order to place an Order, one must do the following:

1.     While on the www.freyawolna.pl website, in the Shop tab, select the Product/Service that is the subject of the Order, and then click the “Add to Cart” button.

2.    Optionally, if a User has a coupon, the coupon code can be entered, and the “Redeem Coupon” button is to be pressed.

3.    The prices of products offered in our online store are adjusted to the economic differences between Poland and the Eurozone, which is why residents of Poland can enjoy lower prices.

4.      In the event of making a RESERVATION for a selected workshop or course and subsequently canceling it, the reservation fee remains non-refundable.

5.     The next step is to click “Cart Summary” and “Proceed to payment”.

6.     The Orders page shall be displayed, where the User’s data is to be entered. During registration, the User is obliged to provide true and up-to-date data necessary for the provision of the Electronic Service by the Service Provider.

7.     The next step is clicking the “BUY AND PAY” button and paying for the Order.

8.     After placing the order, the Customer shall receive an e-mail confirming the order. Upon receipt of the order confirmation by the Customer, the Agreement between the Seller and the Customer is concluded. If a Customer does not receive an order confirmation, it should be verified that the payment for the order has been properly authorized, or that the order confirmation message is not in the User’s SPAM inbox. If necessary, contact the Seller by e-mail immediately.

9.     For each paid order, an electronic invoice is issued (personal or company invoice, if company details have been provided), which shall be sent to the Customer to the e-mail address provided in the purchase process.

10.     Each time during the purchase, the Customer confirms having read and accepted the Regulations in electronic form by checking the active box displaying the message “I accept the Regulations of the Tantraway Store”.

§ 6

Payments

1.     The prices provided in the Store are in Polish Zloty (PLN) or Euro (€) according to the geolocalization  and are gross prices (including VAT).

2.     The final amount to be paid by the Customer is provided on the website under the description of a given service. If the Customer chooses more than one service in the store, the final amount shall be recalculated and displayed before placing the order.

3.     The prices of products and services are indicated each time in their description.

4.     The Customer makes the payment in advance in full, before the commencement of the Service.

5.     Payments can be made:

a.     immediately via Paybylink, where the Consumer may choose to pay by BLIK or through ONLINE TRANSFER payment options. Detailed information on acceptable payment methods can be found on the Store’s website after placing the Order.

b.     optionally by bank transfer to the Seller’s account. In this case, the Consumer is obliged to contact the staff at kontakt@freyawolna.pl and, after receiving the data for the transfer, to pay for the order within 48 hours of receiving the order confirmation. In the absence of payment in full in the above-mentioned term the Seller reserves the right not to complete the order.

§ 7

Execution of the sales agreement

I.               General provisions

 

1.             The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer had placed an Order using the Order Form on the Website.

2.              The Customer is obliged to make the payment immediately after placing the order, otherwise the order shall be cancelled.

3.              After successful payment for the Order, the Seller confirms its receipt and simultaneously accepts the Order for execution. Order receipt confirmation and its acceptance for execution takes place by sending an appropriate e-mail message by the Seller to a Customer’s e-mail address provided when placing the Order. The e-mail message contains at least the Seller’s declarations on receiving the Order and its acceptance for execution, as well as a confirmation of concluding the Sales Agreement. Upon receipt of the above-mentioned e-mail by the Customer, the Agreement between the Seller and the Customer is concluded.

II. Performance of the sales agreement for digital services:

1.              Access to paid and free digital services under the concluded Agreement is granted upon the Customer’s expressed consent to immediate commencement of Service provision after receiving full payment for the order and after setting up a User Account – “My Account” in the Tantraway Online Store, and thus after obtaining access to the service, tantamount to performing the service, or after following a link/links to the product/on-line services according to the instructions:

  1. After following the link https://freyawolna.pl/courses/ and then selecting “My account” and registering, remember to enter the same e-mail address that was entered in the store during purchase.
  2. After registering, you shall receive a message to the e-mail address provided earlier with information about the possibility of logging in to “My Account”, and then log in.
  3. After following the link https://freyawolna.pl/courses/  “My account” and selecting “orders”, click on a selected course and then press “start learning”. 

2.              The agreement for the provision of a Digital Service is concluded until the end of the service validity period, i.e. 365 days from the moment of obtaining access to the services, or sooner if it is specified in the course description.

III. Performance of the sales agreement for workshops at physical locations:

2.     In the case of purchasing a Product/Stationary service – the Customer shall receive a message confirming the purchase of a product/service to the email address indicated in the Order.

3.     Applicable rules regarding the performance of the agreement for stationary workshops

a)     The service is performed in at a term specified in the Product/Service description.

b)     When choosing the method of payment for the order by traditional bank transfer, due to the limited number of places at the workshop, the order of payments decides about the possibility of participating in the workshop on the date selected by the Customer.

c)     The Customer undertakes to comply with the order and rules of participation in stationary workshops specified by Tantraway in the form of the Regulations for participation in Tantraway stationary workshops. These Regulations are also available free of charge at www.freyawolna.pl/regulaminwarsztatow/.

d)     A customer who is a buyer has the option of resigning from participation in stationary workshops free of charge, provided that the shall to resign is reported to the kontakt@freyawolna.pl e-mail address after 14 calendar days from the date of purchase. In such a situation, the Customer is entitled to a full refund of the amount paid at the conclusion of the Agreement. After the above-mentioned deadline for submitting the shall to resign from the stationary workshop, the Customer loses the right to a refund of the amount paid.

e)     The Customer who is the buyer has the option of changing the date of the stationary workshop to another date free of charge, provided that such a change is notified to the kontakt@freyawolna.pl e-mail address no later than 30 calendar days before the original (first) date of the stationary workshop, and also provided that the Seller has vacancies on the new date of the workshop indicated by the Customer (both conditions must be met jointly). The payment made so far shall be credited towards the new date of the workshop

f)      Subject to the point above, in the event of the Customer’s non-participation (failure to appear) at the stationary workshops that took place on the date purchased by the Customer, the Customer loses the opportunity to participate in this workshop, and the Seller is not obliged to return any amount to the Customer under the concluded Agreement, including moving the payment to a workshop at another date.

g)     The Seller may cancel stationary workshops due to force majeure, such as the instructor’s illness, epidemic/pandemic, natural disasters, acts of authority or laws prohibiting the organization of such events on the agreed date of the workshop, and which could not be foreseen at the time of concluding the Agreement. The Seller shall notify the Customer of the need to cancel the workshops via the e-mail address used by the Customer to conclude the Agreement, or by phone. In this case, the Customer shall be entitled to withdraw from the Agreement in the part concerning the cancelled workshop and request a refund of the entire price for the purchased Service, unless the Seller proposes to the Customer a different workshop date to replace the cancelled workshop, and the Customer accepts it.

h)     The Customer has the right to transfer the right to participate in stationary workshops to a person other than the person indicated in the order (provided that this person meets the conditions for participation in workshops), and in such a situation, undertakes to notify the Seller of the change of participant no later than 14 days before the planned date of the workshop, with the data of the new person (name, surname, e-mail address, telephone number).

i)      In the case of purchasing a stationary workshop for a third party or changing the participant in accordance with point h above, the Customer is obliged to inform this person about the provisions of the Agreement, the Regulations and the details of the purchased stationary workshop.

j)      Reimbursement of the fee for days missed at the workshop for reasons attributable to the Customer is not possible.

§ 8

Right of withdrawal from the Agreement

 

1.     The Customer has the right to withdraw from the Agreement for convenience within 14 days from the date of conclusion of the Agreement, subject to point a and b below; the Customer is not entitled to withdraw from the Agreement concluded remotely;

a)     if the Seller has fully performed the service with the expressed consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, the Customer shall lose the right to withdraw from the Agreement;

b)     if the Seller provided the Customer with digital content that is not saved on a tangible medium, if the performance of the service began with the expressed consent of the consumer, after the Consumer had been informed by the Seller about the loss of the right to withdraw from the agreement;

2.     In order to withdraw from the Agreement, it is sufficient for the Customer to send a statement of withdrawal before the expiry of the 14-day period referred to in paragraph 1 above to the Seller’s registration address, or electronically via e-mail to the address indicated at the beginning of these Regulations. In the event of the Customer’s withdrawal from the Agreement by electronic means, the Seller shall immediately send a confirmation of receipt of information on withdrawal from the Agreement also by e-mail.

3.     An example of the content of the statement (form) for withdrawal from the Agreement is included in Annex 1 to these Regulations, however, the use of the attached statement template is not mandatory.

4.     In the event of withdrawal from the Agreement, such an Agreement is considered void (to the extent to which the withdrawal relates), and the parties are obliged to return what they mutually provided on its basis.

5.     The Seller is obliged to immediately, not later than within 14 days of receipt of the Customer’s statement on withdrawal from the Agreement, return to the Customer all payments made by the Customer.

6.     The Seller refunds the payment after obtaining the account number from the Customer sent to the Seller’s email address.

7.     A corrective invoice shall be issued by the Seller at the time of the refund to the Customer’s account, and shall be sent to the Customer by e-mail to the e-mail address provided when placing the order.

§ 9

Complaint and guarantee

1 The Customer has the right to submit a complaint within 7 days from the end of the service, if:

a) the purchased Service has a physical or legal defect, in particular in the case of errors, failures and faults of digital materials made available by the Seller electronically.

b) the Seller fails to meet the date specified in the Agreement for the commencement of the service, fails to perform, or improperly performs the service.

2 Complaints should be submitted via e-mail to the following address: kontakt@freyawolna.pl

3 A correctly submitted complaint should contain at least the following data:

a) Customer’s details (name, surname, mailing address, e-mail address, telephone number);

b) description of the issue that is the basis for the complaint, e.g. type, circumstances and date of the defect/error/fault, if possible, together with the version and name of the browser on which the error/defect/fault occurs) and Customer’s requests related to the complaint.

4 The Seller, within 14 days from the date of receipt of the complaint, shall present its position to the claim presented in the complaint along with a justification.

5 In the case of a positive consideration of the complaint in a way that justifies a refund for the purchased service/services, it shall take place as soon as possible, but not later than within 14 days from the date of acceptance of the complaint by the Seller. The refund shall take place after the Customer has provided the account number for the refund.

 

§ 10

License and Copyright

1.     The services provided by the Seller, presented and made available as part of the Seller’s Online Store, in particular digital (electronic) content, articles, photos, trademarks and/or logos of products and services of other authors may constitute works within the meaning of the Act of February 4, 1994 on the copyright and related rights, and as such are subject to legal protection, constituting the intellectual property of the Seller and/or third parties being their owners/authors.

2.     Any materials provided or made available to the Customer in connection with the purchase of the Service, including stationary workshops, may be used by the Customer only for personal use. The Customer has no right to reproduce these materials or make them available to third parties without the express consent of the Seller at least in writing. In this respect, the Seller grants the Customer a non-exclusive and non-transferable property license to use works being the subject of the Agreement, without the right to sublicense, without territorial restrictions, for the period specified in the Agreement, in the following fields of use:

a)     in the case of digital (electronic) content, such as on-line courses, webinars – to display and play in real time remotely, i.e. from the position of the browser after connecting via the Internet, after registering on the Tantraway Online Store User Account – User Account “My Account “;

b)     in the case of audio files – to save files in the memory of the User’s computer or other mobile device, such as a smartphone, tablet, and to play these files;

c)     in the case of printed or printable materials, such as a book, materials provided during stationary workshops or e-books – to save materials in the memory of the User’s computer or other mobile device (e.g. smartphone, tablet), to print them out and read for their own needs.

3.     In relation to the Services covered by the granted license, it is prohibited in particular, both in whole and in part, to resell or otherwise make available and present to third parties in writing, even free of charge, and to publish regardless of the form of publication, with the exception of publication expressly permitted by the Seller; recording, copying, reproduction for purposes other than personal use is also prohibited.

§ 11

Processing of personal data

1.   The administrator of Customers’ personal data collected via the Online Store is the Seller.

2.   Customers’ personal data collected by the Seller via the Online Store is collected in order to implement the Sales Agreement. The basis for the processing of personal data is art. 6 sec. 1 letter b GDPR. Data is collected also for tax purposes, where the basis for processing is art. 6 sec. 1 letter c GDPR. Providing personal data by the customer is voluntary, however, necessary for the conclusion and performance of the agreement. Failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude the Agreement.

3 We guarantee the fulfilment of Customer’s rights under the General Data Protection Regulation – GDPR. To exercise the following rights, the Customer is required to contact us via the e-mail address: kontakt@freyawolna.pl in order to:

a)     request access to personal data, rectify, delete of limit processing thereof;

b)     object to processing personal data;

c)     transfer personal data.

4.     If you believe that the processing of personal data by the Seller is inconsistent with the applicable provisions of law on the protection of personal data, you have the right to lodge a complaint with the supervisory body dealing with the protection of personal data, i.e. the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw).

5.     In the case of a Customer of the Online Store using electronic payment methods or a payment card, the Seller provides the Customer’s collected personal data to the selected entity servicing the above payments for the Online Store.

6.      The Customer’s personal data shall be processed for the duration of the concluded agreement, and after the end of this agreement, for the period specified in specific provisions, including the period required to establish, defend or pursue claims and for the data storage period required by control authorities.

§ 12

Newsletter

1.     The Newsletter is a free service provided by the Seller electronically to the User, consisting in sending e-mails through which the Seller informs about new services, provides free content, e.g. audio files for meditation, etc.

2.     Subscription to the Newsletter takes place via the form as part of the purchase path or when setting up a registered user’s account, after the Customer agrees to receive marketing and commercial information via electronic means of communication, e.g. e-mail, within the meaning of the Act on the provision of electronic services, and agrees to the Seller’s use of the user’s telecommunications terminal equipment (e.g. telephone, tablet, computer) for the purpose of direct marketing of the Seller’s products and services and presenting commercial information to the Customer in accordance with art. 172 section 1 of the Telecommunications Law.

3.     The above consents are voluntary, however, necessary to send the Newsletter. These consents may be withdrawn at any time, and the Seller shall stop sending the Newsletter in accordance with the provisions of the Policy on Privacy and Cookies.

4.     Subscription to the Newsletter requires providing an e-mail address. Data obtained in this way are added to the Tantraway mailing database in order to send the Newsletter.

5.     The newsletter is sent for an indefinite period, from the time of subscription to the time of withdrawal of consent. Withdrawal of Customer’s consent to receive the Newsletter is tantamount to termination of the agreement for the provision of the Newsletter Service.

6.     The Seller may also terminate the agreement for the provision of Electronic Services and stop sending the Newsletter at any time with a 14-day notice period.

§ 13

Final Provisions

1 Agreements through the Online Store are concluded in Polish.

2 The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any change at least 7 days in advance.

3 In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Customer Rights, provisions on the protection of personal data.

Appendix No. 1 Template of a declaration of withdrawal from a distance agreement

or an agreement concluded off-premises of the company

Place, date

………………………………………

………………………………………

………………………………………

Consumer’s name

Consumer’s address

TANTRAWAY

MICHALINA FRĄCZEK

ul. Okrzeszyn 26 05-520 Konstancin-Jeziorna

Declaration

of withdrawal from a distance agreement

or an agreement concluded off-premises of the company

I ……….…………… hereby inform about my withdrawal from the sales agreement for the following service …………………..……

……………………………………………………………………………………………………

Date of conclusion of the agreement (date of payment for the service) …………………………………..……………….

……………………………………

Consumer’s signature