I General provisions and definitions

1. The Regulations define the rules for using the cosmetological consultation service Beauty Plan 1, Beauty Plan 2, Beauty Plan 3, and Beauty Plan 4 provided electronically via the Internet.
2. The terms used in the Regulations mean:
   • Service Provider – Holistic Cosmetology based in Działdowo, ul. Sosnowa 15, 13-200 Działdowo.
   • Service Recipient – a natural adult person who is a consumer within the meaning of art. 221 of the Act of April 23, 1964, Civil Code (Journal of Laws 2019, Text 1145, as amended).
   • Services – Beauty Plan 1, Beauty Plan 2, Beauty Plan 3, and Beauty Plan 4 services provided electronically and on the Internet by the Service Provider to the Service Recipient, via forms and video interview, consisting in providing cosmetology consultations or cosmetology and dietetics consultation based on Recipient information, descriptions, and attached photos. The services do not constitute a health service within the meaning of the provisions of the Act of April 15, 2011, on medical activities (Journal of Laws 2020, Text 295).
   • Regulations – these Regulations with all attachments.
   • GDPR consent statement – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

II Characteristics of the Services

Beauty Plan 1, Beauty Plan 2, Beauty Plan 3, and Beauty Plan 4 service

1. To use the Service, the Service Recipient must:
   • Click on the link at: https://holistic-cosmetology.com/en/consultations.
   • Choose the Service from among the service packages, a detailed description of which is available at https://holistic-cosmetology.com/en/consultations/consultation-packages.
   • Select the date of the Service.
   • Check availability.
   • If available, book the Service by selecting the appropriate payment method: local payment (traditional transfer), PayPal, credit card.
   • After confirming the payment, the Service Recipient receives an e-mail confirming the reservation, including a link to download the forms. The Service Recipient selects the proper forms based on a detailed description contained in the e-mail.
   • The Recipient must complete the forms to receive the Service. In the documents, the Service Recipient is obliged to:
   • Consent to the recording and processing of his personal data to the extent necessary for the provision of services under Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter “GDPR”) and the Act of May 10, 2018, implementing the GDPR.
   • Filling out cosmetology forms or cosmetology and nutritional forms, in which the Service Recipient is obliged to provide the following data: name, age, e-mail address, information on the condition of the skin, information on general health, co-existing disease, lifestyle, current skincare, supplementation, cosmetics ingredients (can be photos), information about pregnancy/ breastfeeding/ oncological treatment, information on the problem she/he wants to work on and the products she/ he wants to introduce into her care, information about professional treatments that Recipient underwent or plan to experience. Additionally, the Service Recipient attaches photos of affected skin fragments.
   • The Customer must send the completed forms in detail to marika@holistic-cosmetology.com no later than 48 hours before the scheduled video consultation.
2. To provide the Service, the Service Provider conducts video consultation with the Service Recipient via Google Meets at the time selected by the Service Recipient. The duration of the video consultation will not exceed 45 minutes. Based on the video consultation and the documents sent by the Service Recipient, the Service Provider provides the Service in the form of a pdf text sent to the e-mail address provided by the Service Recipient. Depending on the package selected by the Customer, the Customer receives:
   1. Beauty Plan 1: A detailed home skincare plan.
   2. Beauty Plan 2: A detailed home skincare plan with a complex 7-day diet.
   3. Beauty Plan 3: A detailed home skincare plan with a complex 14-day diet.
   4. Beauty Plan 4: A detailed home skincare plan with a complex 7-day diet modified for the next 21 days. This option also includes constant contact with a dietician.
3. The deadline for the Service is:
   • 3 business days after completing the video consultation for the Beauty Plan 1.
   • 7 business days after completing the video consultation for Beauty Plan 2, Beauty Plan 3, and Beauty Plan 4.
4. Service Recipient may use the content provided by Service Provider only for his personal use related to the use of the Service. Any copying and distribution or use other than for personal use of the indicated content is not allowed.
5. By paying for the services of Beauty Plan 1, Beauty Plan 2, Beauty Plan 3, and Beauty Plan 4 the Service Recipient agrees to the provision of electronic services. The term for the Service provision is to read and accept the conditions of these Regulations.
6. The contract for the Service provision is valid for the time necessary to perform it, i.e., to provide consultations.The Service is payable.
7. The Service is payable.
8. The Service Provider contacts the Service Recipient 24 hours before the scheduled video consultation to confirm the visit.
9. The Service Recipient has the right to withdraw from the Service provision contract or change the Service’s date within 14 days from the conclusion of the contract and not later than 48 hours before the scheduled video consultation without giving any reason. The Service Recipient shall report the intention to withdraw from the Service provision contract or change the date of the Service by e-mail to the address marika@holistic-cosmetology.com not later than 48 hours before the planned video consultation. After this time, less than 48 hours before the scheduled video consultation, withdrawal from the Service provision contract or change the date of the Service by the Service Recipient is not possible.
10. When the Service Recipient does not appear at the designated video consultation or the Service is not canceled within the period mentioned above, the Service Provider will charge the Service Recipient with the equivalent of 50% of the Service price.
11. The Service Recipient may consent to the subscription by the Service Provider to the e-mail address provided by him and agree to the processing of his personal data for marketing purposes by the Service Provider. The Service Recipient may at any time withdraw consent to the newsletter subscription and consent to the data processing for marketing purposes. Withdrawal of consent does not affect the lawfulness of the processing, which was carried out on the basis of consent before its withdrawal.

III The Service Recipient and the Service Provider rights and obligations

1. The Service Recipient undertakes to comply with these Regulations.
2. The Service Recipient is obliged to refrain from actions that generally violate common laws, including copyrights and related rights, personal rights, and rules of social. In addition, the Service Recipient is obliged not to abuse the means of electronic communication and not to provide, by or to the Service Provider’s ICT systems, any content that causes a work disturbance or overload of the Service Provider’s ICT systems or other entities directly or indirectly participating in the provision of electronic services.
3. During the Service ordering process, the Service Recipient provides his real and current data. In case of data changing, if the Service has not yet been performed, the Service Recipient shall immediately inform the Service Provider by sending him an e-mail to the address marika@holistic-cosmetology.com
4. The Service Recipient undertakes to cooperate with the Service Provider to provide the Service, in particular, to provide truthful, precise, and complete information in the forms.
5. The Service Recipient agrees to be contacted by the e-mail address provided by him.
6. The Service Provider undertakes to provide reliable and professional cosmetological and/or dietary advice only based on information and photos provided by the Service Recipient.
7. Considering that the Service Provider is not able to analyze the condition of the Customer’s skin directly and can rely only on the information provided by the Customer, in particular regarding the current care and health condition, the Service Provider’s liability is excluded if
   the Service Recipient has intentionally or unintentionally withheld information, provided incomplete or false information.
8. The Beauty Plan sent to the Service Recipient is only a suggested description of at-home skincare, proposed cosmetics, supplements, professional treatments, and, in the case of Beauty Plan with a diet, also a menu proposal. The Service Provider is not responsible for the effect of the proposed cosmetics, supplements, treatments, and dietary menu or the side effects, allergic reactions, and other adverse effects caused by them.
9. The Service Provider, in exceptional cases, has the right to stop or limit the Services provision without prior notification temporarily and carry out the necessary work to restore the security and stability of the ICT system.
10. The Service Provider shall not be liable for interruptions in the Services provision or improper functioning of the system, quality deterioration caused by the hardware parameters, software, or networks used by the Service Recipient.
11. The Service Provider reserves the right to discontinue the Service provision to the Service Recipient if there is a breach of Regulations, particularly if the Service Provider determines that the Service Recipient has provided false data or the Service Recipient generally violates applicable common laws.
12. The Service Provider shall not be liable for damages resulting from the Service Recipient providing third parties with data authorizing their Services access or inadequately securing such data, as well as other passwords that the Service Recipient should keep confidential.

IV Technical conditions and threats

1. To use the Service, the Service Recipient should meet the following technical requirements necessary for cooperation with the Service Provider’s IT system:
   • access to the Internet,
   • having an e-mail account,
   • Firefox, Chrome, Safari, Microsoft Edge web browser installed,
   • created a google account,
   • the Meet mobile application or the Gmail mobile application.
2. The Service Provider reserves that due to the public nature of the Internet, which is necessary to use the Service, there is a risk that the Service Recipient accepts by agreeing to use public ICT channels. Therefore, to minimize the risk and increase the level of security, the Service Provider recommends that the Service Recipient secure his device on his own, in particular by: introducing access control mechanisms, protection of data used to authenticate e-mail access, installation of anti-virus software, having an up-to-date operating system, and connecting end devices only to reliable WiFi networks.
3. The Service Provider does not consent to the recording of a video consultation during its duration.

V Personal data and cookies

1. The Service Provider is the administrator of the Customers’ personal data.
2. The Service Provider declares that protect the Customers’ personal data on the terms and in accordance with the applicable legislation on the personal data protection, particularly the GDPR.
3. The Service Provider declares that he applies technical and organizational measures to protect the processed data, appropriate to the threats and categories of data saved, and secures the Customer personal data against unauthorized access, loss or damage.
4. The Service Provider fulfills the information obligation referred to in the GDPR relative to the Service Recipients at the time of collecting data from them when concluding the contract. At the same time, containing all the necessary information regarding personal data, the information clause constitutes Annex 1 to these Regulations. The Customer’s personal data are processed to perform the Services, consider complaints, defend against any claims of the Customer for the provision of electronic services, and with the Customers’ consent to subscribe to the newsletter and for marketing purposes. Personal data with the permission of the Service Users will be stored to control the effectiveness of the Service provided, i.e., the possibility of analyzing the applied cosmetology advice during the re-used of the Service Provider’s services referred to in the Regulations by the Service Recipient. The Customer’s personal data will be processed for the time necessary to perform the Service or until the Service is canceled and for the period needed to achieve other processing purposes. The Customer’s personal data processed to subscribe to the newsletter and for marketing purposes will be processed until the consent to data processing is withdrawn. Upon completion of processing, the Customer’s personal data will be deleted or permanently anonymized (a process that prevents Customer identification).
5. The Service Provider informs that when using the form while ordering the Service, short text information called cookies are saved on the Customers’ devices. The installation of cookies is necessary for the proper provision of the Services. Cookies do not allow the identification of the Service Recipients. Cookies are not used to process or store personal data. Detailed information on cookies can be found in the Privacy Policy.

VI Complaints procedure

1. The Service Recipient has the right to submit complaints regarding provided Services.
2. Customer should submit complaints by e-mail to the following address: marika@holistic-cosmetology.com.
3. Complaints should be submitted no later than 30 days from the date the complaint occurred and no later than two years from the performance of the Service.
4. Each complaint should contain a short description of the problem, which is the basis for its submission, the date of its occurrence, and the Service Recipient’s identification data enabling him to respond to the complaint (including the contact address).
5. The Service Provider considers complaints within 30 days of its receipt. The response to the complaint is provided via the e-mail address provided in the complaint.
6. The Service Provider reserves that complaints that do not contain the information specified in point 4 above will not be considered.

VII Payment

1. You can pay for Beauty Plan 1, Beauty Plan 2, Beauty Plan 3, and Beauty Plan 4 by Paypal or credit card. To do this, select the “Paypal” or “Credit Card” option on the payment page.
2. You can also pay for Beauty Plan 1, Beauty Plan 2, Beauty Plan 3, and Beauty Plan 4 by bank transfer. To do this, select the “bank transfer” option on the payment page. The transfer should be made to the bank account number 62 1020 3583 0000 3502 0100 2989.

VIII Final Provisions

1. These Regulations are valid from November 10, 2021.
2. The Service Provider reserves the right to amend the Regulations to the extent permitted by the applicable provisions, while the amendments to the Regulations do not infringe the rights acquired by the Service Recipients – contracts concluded before the amendment to the Regulations shall be governed by the Regulations in their current wording.
3. The Organizer is entitled to amend the Regulations at any time in case of at least one of the following circumstances:
   • the need to adapt the Regulations to the common law, recommendations, rulings, interpretations, judgments, orders, or bans of authorized public authorities relating to the Services,
   • change (including adding) of Services,
   • change of the Organizer’s data,
   • counteracting abuses,
   • the need to correct spelling errors or correct unclear or doubtful wording detected in the Regulations,
   • introduction of new platforms or tools, provision of Services,
   • changes in the procedures, including booking or provision of Services.
4. The Service Provider will inform the Customers about the change in the Regulations by sending an e-mail. Amendments to the Regulations come into force upon their notification.
5. The regulations with attachments are permanently available free of charge at the address in a form that enables its acquisition, reproduction, and recording using the ICT system used by the Service Recipient.
6. In all matters related to the functioning of the Service, don’t hesitate to get in touch with us by e-mail at marika@holistic-cosmetology.com.
7. In matters not covered by these Regulations, the applicable provisions of Polish law shall apply.
8. Any disputes related to the use of the Service will be settled by competent Polish courts.
9. The Service Recipient has the option of using out-of-court dispute resolution. Detailed information on this subject is available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Voivodeship Inspectorates of the Trade Inspection.