Terms and Conditions of the Online Service

These Terms and Conditions set out the general terms, rules and manner of sales conducted by BALI WELLNESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk, via the website www.balispa.pl (hereinafter referred to as the “Online Service”), and set out the terms and conditions for the provision by BALI WELLNESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk of free electronic services.

§ 1 Definitions

Business Days – means weekdays from Monday to Friday excluding public holidays.
Delivery – means the factual activity consisting in the delivery of the Goods specified in the order to the User by the Service Provider, via the Carrier.
Carrier – means the courier company with which the Service Provider cooperates in the scope of Delivery of Goods.
Functionality – the ability of digital content, a digital service or goods to perform its functions, taking into account its intended purpose.
Password – means a sequence of alphabetic, numeric or other characters selected by the User during Registration in the Online Service, used to secure access to the User’s Account in the Online Service.
Integration – the connection of digital content or a digital service with elements of the consumer’s digital environment and incorporation of them into those elements in order to ensure compliance with the contract for the supply of digital content or a digital service.
Interoperability – the ability of digital content, a digital service or goods to work with computer hardware or software other than those typically used to access or use digital content, a digital service or goods of the same kind.
User – means an entity for whom electronic services may be provided in accordance with the Terms and Conditions and provisions of law, or with whom a Sales Agreement may be concluded.
Compatibility – the ability of digital content, a digital service or goods to work with computer hardware or software that is typically used to access or use digital content, a digital service or goods of the same kind, without the need to convert them.
Consumer – means a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
User Account – means an individual panel for each User, launched for them by the Service Provider after the User completes Registration and concludes an agreement for the electronic service of maintaining a User Account.
Entrepreneur – means a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in their own name and performing a legal act directly related to their business or professional activity.
Entrepreneur with Consumer Rights – means a natural person concluding a Sales Agreement directly related to their business activity, where it follows from the content of the Sales Agreement that it does not have a professional character for that Entrepreneur, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Economic Activity (CEIDG).
Terms and Conditions – means these terms and conditions.
Registration – means the factual activity performed in the manner specified in the Terms and Conditions, required for the User to use all functionalities of the Online Service.
Service Provider – means BALI WELLNESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk (80-835), ul. Szeroka 42/43/3, NIP: 5833450451, REGON: 521984674, entered in the register of entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number 0000968984, with share capital of PLN 5,000; e-mail: salongdansk@balispa.pl, being at the same time the owner of the Online Service.
Online Service Website – means the websites under which the Service Provider operates the Online Service, functioning within the domain www.balispa.pl.
Digital environment – computer hardware, software and network connections used by the consumer to access digital content or a digital service or to use them.
Goods – means a product presented by the Service Provider via the Online Service Website, which may be the subject of a Sales Agreement.
Goods with digital elements – goods containing or connected with digital content or a digital service in such a way that the absence of the digital content or the digital service would prevent the goods from functioning properly.
Digital content – means data produced and supplied in digital form.
Durability – the ability of the Goods to retain their functions and properties in the course of normal use.
Durable medium – means material or a tool enabling the User or the Service Provider to store information addressed personally to them, in a way allowing access to that information in the future for a period appropriate to the purposes for which the information is used, and which enables reproduction of the stored information in an unchanged form.
Sales Agreement – means a distance sales agreement concluded on the terms set out in the Terms and Conditions, between the User and the Service Provider.
Digital service – a service enabling the Consumer or the Entrepreneur with Consumer Rights to:
1. produce, process, store or access data in digital form;
2. share data in digital form that has been sent or produced by the consumer or other users of that service;
3. other forms of interaction by means of data in digital form.

§ 2 General provisions and use of the Online Service

All rights to the Online Service, including economic copyrights, intellectual property rights to its name, its internet domain, the Online Service Website, as well as templates, forms and logos posted on the Online Service Website (excluding logos and photos presented on the Online Service Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Service Provider, and their use may occur only in the manner specified and consistent with the Terms and Conditions and with the Service Provider’s written consent.
The Service Provider will make efforts to ensure that the Online Service may be used by Internet users with all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements enabling use of the Online Service Website are a web browser version at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with JavaScript enabled, accepting “cookies” files, and an internet connection with bandwidth of at least 256 kbit/s. The Online Service Website is optimised for a minimum screen resolution of 1024×768 pixels.
The Service Provider uses a “cookies” mechanism which, when Users use the Online Service Website, is saved by the Service Provider’s server on the hard drive of the User’s end device. The use of “cookies” is intended to ensure the proper operation of the Online Service Website on Users’ end devices. This mechanism does not damage the User’s end device and does not cause configuration changes in Users’ end devices or in the software installed on those devices. Each User may disable the “cookies” mechanism in their end device’s web browser. The Service Provider indicates that disabling “cookies” may, however, cause difficulties or prevent use of the Online Service Website.
In order to place an order in the Online Service via the Online Service Website and in order to use electronic services provided via the Online Service Website, the User must have an active e-mail account.
In order to use Digital Content supplied by the Service Provider, the User should have hardware meeting the requirements indicated each time on the Online Service Website.
It is prohibited for the User to provide unlawful content and to use the Online Service, the Online Service Website or free services provided by the Service Provider in a manner contrary to law, good morals, or infringing personal rights of third parties.
The Service Provider declares that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Users’ data by unauthorised persons; therefore Users should apply appropriate technical measures to minimise the above risks. In particular, they should use anti-virus and identity protection software for Internet users. The Service Provider never asks the User to make their Password available in any form.
It is not permissible to use the resources and functions of the Online Service in order to conduct by the User any activity that would violate the Service Provider’s interest, i.e. advertising activity of another entrepreneur or product; activity consisting in posting content unrelated to the Service Provider’s activity; activity consisting in posting false or misleading content.

§ 3 Registration

In order to create a User Account, the User is obliged to register free of charge.
Registration is not necessary to place an order in the Online Service.
For Registration, the User should complete the registration form made available by the Service Provider on the Online Service Website and send the completed registration form electronically to the Service Provider by selecting the appropriate function in the registration form. During Registration, the User sets an individual Password.
While completing the registration form, the User has the opportunity to read the Terms and Conditions, accepting them by selecting the appropriate field in the form.
After sending the completed registration form, the User immediately receives, electronically to the e-mail address provided in the registration form, confirmation of Registration by the Service Provider. At that moment, an agreement for the electronic service of maintaining a User Account is concluded, and the User gains access to the User Account and the possibility to change the data provided during Registration.

§ 4 Orders

Information contained on the Online Service Website does not constitute an offer of the Service Provider within the meaning of the Civil Code, but only an invitation for Users to submit offers to conclude a Sales Agreement.
The User may place orders in the Online Service via the Online Service Website 24 hours a day, 7 days a week.
A User placing an order via the Online Service Website completes the order by selecting the Goods they are interested in. Adding Goods to the order takes place by selecting the “ADD TO CART” command under the given Goods presented on the Online Service Website. After completing the entire order and indicating in the “CART” the Delivery method and the payment method, the User places the order by sending the order form to the Service Provider, selecting the “I BUY AND PAY” button on the Online Service Website. Each time before sending the order to the Service Provider, the User is informed of the total price for the selected Goods and Delivery, as well as all additional costs they are obliged to incur in connection with the Sales Agreement.
Where the subject of the Sales Agreement is Digital Content, before sending the order the User may, by selecting the appropriate field in the order form, express consent to the supply of Digital Content before the expiry of the withdrawal period from the Sales Agreement.
Where the subject of the Sales Agreement is Digital Content, in the electronic message containing the User’s final order referred to in , the User expressly consents to receiving Digital Content from the Service Provider.
Placing an order constitutes the User submitting to the Service Provider an offer to conclude a Sales Agreement for the Goods being the subject of the order.
After placing an order, the Service Provider sends to the User’s e-mail address confirmation of placing the order.
Then, after confirming the placing of the order, the Service Provider sends to the User’s e-mail address information about accepting the order for fulfilment. The information about accepting the order for fulfilment constitutes the Service Provider’s declaration of acceptance of the offer referred to in §4(6) above, and upon its receipt by the User a Sales Agreement is concluded.
After concluding the Sales Agreement, the Service Provider confirms its terms to the User by sending them on a Durable Medium, to the User’s e-mail address or in writing to the address indicated by the User during Registration or ordering.

§ 5 Contracts for the supply of digital content or a digital service

Whenever this section refers to Digital Content, it shall also be understood as Goods which serve solely as a carrier of Digital Content.
For a contract under which the Service Provider is obliged to supply Digital Content or a Digital Service and other performances, the provisions of this chapter apply only to the extent of the contractual provisions concerning Digital Content or a Digital Service.
The Service Provider supplies the Consumer or the Entrepreneur with Consumer Rights with Digital Content or a Digital Service without undue delay after the contract is concluded, unless the parties have agreed otherwise.
Digital Content is deemed supplied at the moment when Digital Content or the means enabling access to Digital Content or downloading Digital Content has been made available to the Consumer, the Entrepreneur with Consumer Rights or a physical or virtual device chosen by the Consumer or the Entrepreneur with Consumer Rights for this purpose, or when the Consumer, the Entrepreneur with Consumer Rights or such a device has gained access to it.
A Digital Service is deemed supplied at the moment when the Consumer, the Entrepreneur with Consumer Rights or a physical or virtual device chosen by the Consumer or the Entrepreneur with Consumer Rights for this purpose has gained access to it.
If the Service Provider has not supplied Digital Content or a Digital Service, the Consumer or the Entrepreneur with Consumer Rights calls upon the Service Provider to supply them. If the Service Provider does not supply Digital Content or a Digital Service without undue delay or within an additional period expressly agreed by the parties, the Consumer or the Entrepreneur with Consumer Rights may withdraw from the contract.
The Consumer or the Entrepreneur with Consumer Rights may withdraw from the contract without calling upon the Service Provider to supply Digital Content or a Digital Service if:
1. it is clear from the Service Provider’s statement or circumstances that it will not supply Digital Content or a Digital Service; or
2. the Consumer or the Entrepreneur with Consumer Rights and the Service Provider have agreed, or it clearly follows from the circumstances of the contract, that a specific deadline for supplying Digital Content or a Digital Service was of material importance to the Consumer or the Entrepreneur with Consumer Rights and the Service Provider did not supply them within that deadline.
The burden of proof of supplying Digital Content or a Digital Service rests with the Service Provider.
In the event of withdrawal by the Consumer or the Entrepreneur with Consumer Rights from the contract, §5(29) shall apply accordingly.
Digital Content or a Digital Service is compliant with the contract if, in particular, the following remain compliant with the contract:
1. description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates;
2. suitability for a particular purpose for which it is needed by the Consumer or the Entrepreneur with Consumer Rights, of which the Consumer or the Entrepreneur with Consumer Rights informed the Service Provider no later than at the moment of concluding the contract and which the entrepreneur accepted.
In addition, for Digital Content or a Digital Service to be considered compliant with the contract, it must:
1. be fit for the purposes for which Digital Content or a Digital Service of that kind is typically used, taking into account applicable legal provisions, technical standards or good practices;
2. be provided in such quantity and have such features, including functionality, compatibility, availability, continuity and security, as are typical for Digital Content or a Digital Service of that kind and which the Consumer or the Entrepreneur with Consumer Rights may reasonably expect, taking into account the nature of the Digital Content or the Digital Service and public assurances made by the Service Provider, its legal predecessors or persons acting on its behalf, in particular in advertising or on the label, unless the Service Provider demonstrates that:
  1. it was not aware of the relevant public assurance and, reasonably assessing, could not have been aware of it;
  2. before concluding the contract the public assurance was corrected under the conditions and in the form in which it was made, or in a comparable manner;
  3. the public assurance did not influence the Consumer’s or the Entrepreneur with Consumer Rights’ decision to conclude the contract.
3. be supplied with accessories and instructions that the Consumer or the Entrepreneur with Consumer Rights may reasonably expect;
4. be consistent with the trial version or preview that was made available to the Consumer or the Entrepreneur with Consumer Rights by the Service Provider before concluding the contract.
The Service Provider informs the Consumer or the Entrepreneur with Consumer Rights about updates, including security updates, necessary to maintain compliance of Digital Content or a Digital Service with the contract and supplies them to the Consumer or the Entrepreneur with Consumer Rights for the period:
1. of supplying Digital Content or a Digital Service specified in the contract where supply is continuous; or
2. reasonably expected by the Consumer or the Entrepreneur with Consumer Rights, taking into account the type of Digital Content or a Digital Service and the purpose for which they are used, as well as the circumstances and nature of the contract, where the contract provides for one-off supply or supply in parts.
If the Consumer or the Entrepreneur with Consumer Rights does not install updates supplied by the Service Provider within a reasonable time, the Service Provider is not liable for non-compliance of Digital Content or a Digital Service with the contract resulting solely from the lack of updates, provided that:
1. it informed the Consumer or the Entrepreneur with Consumer Rights about the update and the consequences of failing to install it;
2. failure to install or improper installation of the update did not result from errors in the installation instructions supplied by the Service Provider.
The Service Provider is not liable for lack of compliance of Digital Content or a Digital Service with the contract in the scope referred to in §5(11) or §5(12) if the Consumer or the Entrepreneur with Consumer Rights was expressly informed, no later than at the moment of concluding the contract, that a specific feature of Digital Content or a Digital Service deviates from the contractual compliance requirements specified in §5(11) or §5(12), and expressly and separately accepted the lack of that specific feature.
Where the contract provides for continuous supply of Digital Content or a Digital Service, Digital Content or a Digital Service must remain compliant with the contract for the period of supply specified in the contract.
Digital Content or a Digital Service is supplied in the latest version available at the moment of concluding the contract, unless the parties agreed otherwise.
The Service Provider is liable for lack of compliance with the contract of Digital Content or a Digital Service supplied once or in parts that existed at the moment of supply and became apparent within two years from that moment. It is presumed that lack of compliance with the contract of Digital Content or a Digital Service which became apparent before the end of one year from the moment of supply existed at the moment of supply.
The Service Provider may not rely on the lapse of the period for finding lack of compliance of Digital Content or a Digital Service with the contract specified above if it fraudulently concealed that lack.
The Service Provider is liable for lack of compliance with the contract of Digital Content or a Digital Service supplied continuously that occurred or became apparent during the period in which, under the contract, it was to be supplied. It is presumed that lack of compliance with the contract of Digital Content or a Digital Service occurred during that period if it became apparent during that period.
The Service Provider is liable for lack of compliance with the contract of digital content or a digital service in the scope regulated in §5(12) above that occurred during the period specified in that provision.
The presumptions specified in §5(17) and §5(19) above do not apply if:
1. the Consumer’s or the Entrepreneur with Consumer Rights’ digital environment is not compatible with technical requirements of which the Service Provider informed them in a clear and understandable manner before concluding the contract;
2. the Consumer or the Entrepreneur with Consumer Rights, informed in a clear and understandable manner before concluding the contract of the obligation to cooperate with the Service Provider, within a reasonable scope and using the least burdensome technical measures, in order to determine whether lack of compliance of Digital Content or a Digital Service with the contract within the relevant time results from features of their digital environment, fails to fulfil that obligation.
If Digital Content or a Digital Service is not compliant with the contract, the Consumer or the Entrepreneur with Consumer Rights may submit a statement on price reduction or withdrawal from the contract when:
The Service Provider may refuse to bring Digital Content or a Digital Service into conformity with the contract if bringing Digital Content or a Digital Service into conformity with the contract is impossible or would require excessive costs for the Service Provider.
When assessing whether costs are excessive for the Service Provider, all circumstances of the case shall be taken into account, in particular the significance of lack of conformity of the Goods with the contract, the value of Goods compliant with the contract and excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights resulting from changing the method of bringing the Goods into conformity with the contract.
The Service Provider brings Digital Content or a Digital Service into conformity with the contract within a reasonable time from the moment the Service Provider was informed by the Consumer or the Entrepreneur with Consumer Rights about lack of compliance with the contract, and without excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights, taking into account their nature and the purpose for which they are used. The Service Provider bears the costs of bringing Digital Content or a Digital Service into conformity with the contract.
If Digital Content or a Digital Service is not compliant with the contract, the Consumer or the Entrepreneur with Consumer Rights may submit a statement on price reduction or withdrawal from the contract when:
1. bringing Digital Content or a Digital Service into conformity with the contract is impossible or requires excessive costs pursuant to §5(23) and §5(24);
2. the Service Provider did not bring Digital Content or a Digital Service into conformity with the contract in accordance with §5(25) above;
3. lack of compliance of Digital Content or a Digital Service with the contract persists, despite the Service Provider’s attempt to bring Digital Content or a Digital Service into conformity with the contract;
4. lack of compliance of Digital Content or a Digital Service with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedy specified in §5(22);
5. it is clear from the Service Provider’s statement or circumstances that it will not bring Digital Content or a Digital Service into conformity with the contract within a reasonable time or without excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights.
The reduced price must remain in such proportion to the contract price as the value of Digital Content or a Digital Service not compliant with the contract remains to the value of Digital Content or a Digital Service compliant with the contract. If the contract provides that Digital Content or a Digital Service is supplied in parts or continuously, the price reduction shall take into account the period during which Digital Content or a Digital Service was not compliant with the contract.
The Consumer or the Entrepreneur with Consumer Rights may not withdraw from the contract if Digital Content or a Digital Service is supplied in exchange for payment of the price and the lack of compliance is insignificant. It is presumed that lack of compliance is significant.
After withdrawal from the contract, the Service Provider may not use content other than personal data supplied or created by the Consumer or the Entrepreneur with Consumer Rights in the course of using Digital Content or a Digital Service supplied by the Service Provider, except for content which:
1. is useful solely in connection with Digital Content or a Digital Service that was the subject of the contract;
2. relates solely to the Consumer’s or the Entrepreneur with Consumer Rights’ activity in the course of using Digital Content or a Digital Service that was the subject of the contract;
3. was combined by the Service Provider with other data and cannot be separated without excessive difficulty;
4. was created jointly by the Consumer or the Entrepreneur with Consumer Rights with other Consumers or Entrepreneurs with Consumer Rights who may still use it.
The Service Provider makes available to the Consumer or the Entrepreneur with Consumer Rights, at their request and at its own expense, within a reasonable time and in a commonly used machine-readable format, content created or supplied by the Consumer or the Entrepreneur with Consumer Rights while using Digital Content or a Digital Service, other than personal data, except for content referred to in §5(29)(a) to §5(29)(c).
The Service Provider may request the return of the tangible medium on which it supplied Digital Content within 14 days from receiving the Consumer’s or the Entrepreneur with Consumer Rights’ statement of withdrawal from the contract. The Consumer or the Entrepreneur with Consumer Rights returns the medium without undue delay and at the Service Provider’s expense.
The Service Provider is not entitled to demand payment for the period during which Digital Content or a Digital Service was not compliant with the contract, even if the Consumer or the Entrepreneur with Consumer Rights actually used it before withdrawing from the contract.
The Service Provider is obliged to refund the price only to the extent corresponding to Digital Content or a Digital Service not compliant with the contract and Digital Content or a Digital Service the obligation to supply of which ceased as a result of withdrawal from the contract.
The Service Provider is obliged to refund the Consumer or the Entrepreneur with Consumer Rights the price due as a result of exercising the right of withdrawal from the contract or price reduction without undue delay, no later than within 14 days from receiving the Consumer’s or the Entrepreneur with Consumer Rights’ statement of withdrawal from the contract or price reduction.
The Service Provider refunds the price using the same payment method used by the Consumer or the Entrepreneur with Consumer Rights unless the Consumer or the Entrepreneur with Consumer Rights expressly agreed to a different refund method that does not entail any costs for them.
The Service Provider may change Digital Content or a Digital Service which is not necessary to maintain its compliance with the contract only if the contract so provides and only for justified reasons indicated in that contract. However, the Service Provider may not change Digital Content or a Digital Service supplied one-off.
The implementation of the change referred to in §5(36) above may not entail any costs on the part of the Consumer or the Entrepreneur with Consumer Rights.
The entrepreneur is obliged to inform the consumer in a clear and understandable manner about the change made as referred to in §5(36) above.
If the change referred to in §5(36) above materially and negatively affects the Consumer’s or the Entrepreneur with Consumer Rights’ access to Digital Content or a Digital Service or the use thereof, the Service Provider is obliged to inform the Consumer or the Entrepreneur with Consumer Rights in advance on a durable medium about the characteristics and date of that change and the right referred to in §5(37) and §5(38) above.
In the case referred to in §5(36) above, the Consumer or the Entrepreneur with Consumer Rights may terminate the contract without notice within 30 days from the date of making the change referred to in §5(36) above, or from being informed about that change if the information was provided later than the change.
§5(40) shall not apply if the Service Provider ensured that the Consumer or the Entrepreneur with Consumer Rights has the right to retain, at no additional cost, Digital Content or a Digital Service compliant with the contract, unchanged.

§ 6 Payments

Prices on the Online Service Website shown next to the given Goods are gross prices and do not include information regarding Delivery costs and any other costs that the User will be obliged to incur in connection with the Sales Agreement, which the User will be informed about when selecting the Delivery method and placing the order.
The User may choose the following payment methods for ordered Goods:
1. bank transfer to the Service Provider’s bank account (in this case, the order fulfilment will commence after the Service Provider sends the User confirmation of acceptance of the order and after the funds are credited to the Service Provider’s bank account).
The User should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days if they chose prepayment.
If the User fails to make payment within the period referred to in §6(3) of the Terms and Conditions, the Service Provider sets an additional deadline for payment and informs the User thereof on a Durable Medium. The information about the additional deadline also includes information that after the ineffective lapse of that deadline, the Service Provider will withdraw from the Sales Agreement. If the second deadline for payment lapses ineffectively, the Service Provider will send the User on a Durable Medium a statement of withdrawal from the agreement pursuant to Article 491 of the Civil Code.

§ 7 Delivery

The Service Provider carries out Delivery within the territory of the Republic of Poland.
The Service Provider is obliged to deliver Goods compliant with the Sales Agreement.
The Service Provider provides on the Online Service Website information on the number of Business Days needed for Delivery and fulfilment of the order.
The Delivery and order fulfilment period indicated on the Online Service Website is counted in Business Days in accordance with §6(2) of the Terms and Conditions.
Ordered Goods are delivered to the User via the Carrier to the address indicated in the order form.
On the day the Goods are dispatched to the User, an e-mail is sent to the User confirming shipment by the Service Provider.
The User is obliged to inspect the delivered shipment in the time and manner customary for shipments of that type. In the event of finding loss or damage to the shipment, the User has the right to request that the Carrier’s employee draw up an appropriate report.
The Service Provider, in accordance with the User’s will, attaches to the shipment being the subject of Delivery a receipt or a VAT invoice covering the delivered Goods. In order to receive a VAT invoice, the User should declare at the time of purchase that they acquire the Goods as an Entrepreneur (taxpayer). This declaration is made by selecting the appropriate field in the order form before sending the order to the Service Provider.
If the User is absent at the address indicated by them, provided when placing the order as the Delivery address, the Carrier’s employee will leave a notice or attempt to contact the User by phone in order to arrange a time when the User will be present. If the ordered Goods are returned to the Online Service by the Carrier, the Service Provider will contact the User electronically or by phone to re-arrange the Delivery date and cost with the User.

§ 8 Statutory warranty for Entrepreneurs

The Service Provider ensures Delivery of Goods free from defects. The Service Provider is liable to the Entrepreneur if the Goods have a defect.
If the Goods have a defect, the Entrepreneur may:
1. submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Service Provider immediately and without excessive inconvenience to the Entrepreneur replaces defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Service Provider or the Service Provider has failed to fulfil the obligation to replace the Goods with defect-free Goods or remove defects. The Entrepreneur may, instead of the defect removal proposed by the Service Provider, demand replacement of the Goods with defect-free Goods, or instead of replacement of the Goods, demand defect removal, unless bringing the item into conformity with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared with the manner proposed by the Service Provider. When assessing excessive costs, the value of defect-free Goods, the type and significance of the defect found, and the inconvenience to which the Entrepreneur would be exposed by another method of satisfaction are taken into account. The Entrepreneur may not withdraw from the Sales Agreement if the defect is insignificant.
2. demand replacement of defective Goods with defect-free Goods or removal of the defect. The Service Provider is obliged to replace defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur. The Service Provider may refuse to satisfy the Entrepreneur’s demand if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or, compared with the second possible manner, would require excessive costs. The Service Provider bears the costs of repair or replacement.
The Service Provider is liable under statutory warranty if a physical defect is found before the end of two years from delivery of the Goods to the Entrepreneur. The claim for defect removal or replacement of the Goods with defect-free Goods becomes time-barred after one year, but this period may not end before the end of the period specified in the first sentence. Within that period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement on price reduction due to a defect of the Goods. If the Entrepreneur demanded replacement of the Goods with defect-free Goods or defect removal, the period for withdrawal from the Sales Agreement or submitting a statement on price reduction begins upon the ineffective lapse of the period for replacement of the Goods or defect removal.
An Entrepreneur exercising statutory warranty rights is obliged to deliver the defective item to the Service Provider’s address. The Service Provider bears the cost of delivery.
All complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Entrepreneur in writing to the Service Provider’s address.
The Service Provider will respond to the complaint concerning the Goods or the complaint related to the performance of the Sales Agreement submitted by the Entrepreneur within 14 days from the date of the request containing the complaint.

§ 9 Non-conformity of goods with the contract

Complaint of the Consumer and the Entrepreneur with Consumer Rights

Goods are compliant with the contract if, in particular, the following remain compliant with the contract:
1. description, type, quantity, quality, completeness and functionality, and in the case of goods with digital elements – also compatibility, interoperability and availability of updates;
2. suitability for a particular purpose for which the Consumer or the Entrepreneur with Consumer Rights needs them, of which the Consumer or the Entrepreneur with Consumer Rights informed the Service Provider no later than at the moment of concluding the contract and which the Service Provider accepted.
In addition, in order for the Goods to be considered compliant with the contract, they must:
1. be fit for the purposes for which Goods of that kind are typically used, taking into account applicable legal provisions, technical standards or good practices;
2. be provided in such quantity and have such features, including Durability and safety, and in the case of Goods with digital elements – also functionality and compatibility, as are typical for Goods of that kind and which the Consumer or the Entrepreneur with Consumer Rights may reasonably expect, taking into account the nature of the Goods and public assurances made by the Service Provider, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Service Provider demonstrates that:
  1. it was not aware of the relevant public assurance and, reasonably assessing, could not have been aware of it;
  2. before concluding the contract the public assurance was corrected under the conditions and in the form in which it was made, or in a comparable manner;
  3. the public assurance did not influence the Consumer’s or the Entrepreneur with Consumer Rights’ decision to conclude the contract.
3. be supplied with packaging, accessories and instructions that the Consumer or the Entrepreneur with Consumer Rights may reasonably expect;
4. be of the same quality as a sample or model made available by the Service Provider to the Consumer or the Entrepreneur with Consumer Rights before concluding the contract and correspond to the description of such sample or model;
5. be supplied with accessories and instructions that the Consumer or the Entrepreneur with Consumer Rights may reasonably expect;
6. be consistent with the trial version or preview made available to the Consumer or the Entrepreneur with Consumer Rights by the Service Provider before concluding the contract.
The Service Provider is not liable for lack of compliance of the Goods with the contract in the scope referred to in §9(2) if the Consumer or the Entrepreneur with Consumer Rights was expressly informed, no later than at the moment of concluding the contract, that a specific feature of the Goods deviates from the contractual compliance requirements specified in §9(2), and expressly and separately accepted the lack of that specific feature.
The Service Provider is liable for lack of compliance of the Goods with the contract resulting from improper installation of the Goods if:
1. it was carried out by the Service Provider or under its responsibility;
2. improper installation carried out by the Consumer or the Entrepreneur with Consumer Rights resulted from errors in instructions supplied by the entrepreneur or a third party.
The Service Provider is liable for lack of compliance of the Goods with the contract existing at the moment of delivery and revealed within two years from that moment, unless the shelf-life/use-by period specified by the Service Provider, its legal predecessors or persons acting on their behalf is longer. It is presumed that lack of compliance of the Goods with the contract that became apparent before the end of two years from the moment of delivery existed at the moment of delivery, unless proven otherwise or unless such presumption is incompatible with the nature of the Goods or the nature of the lack of compliance.
The Service Provider may not rely on the lapse of the period for finding lack of compliance of the Goods with the contract specified in §9(5) if it fraudulently concealed that lack.
If the Goods are not compliant with the contract, the Consumer or the Entrepreneur with Consumer Rights may request repair or replacement.
The Service Provider may replace the Goods when the Consumer or the Entrepreneur with Consumer Rights requests repair, or may repair the Goods when the Consumer or the Entrepreneur with Consumer Rights requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or the Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Service Provider. If repair and replacement are impossible or would require excessive costs for the Service Provider, it may refuse to bring the Goods into conformity with the contract.
When assessing excessive costs for the Service Provider, all circumstances of the case shall be taken into account, in particular the significance of lack of compliance of the Goods with the contract, the value of Goods compliant with the contract and excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights resulting from changing the method of bringing the Goods into conformity with the contract.
The Service Provider performs repair or replacement within a reasonable time from the moment the Service Provider was informed by the Consumer or the Entrepreneur with Consumer Rights about lack of compliance with the contract, and without excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or the Entrepreneur with Consumer Rights purchased them. The Service Provider bears the costs of repair or replacement, including in particular postage, transport, labour and materials.
The Consumer or the Entrepreneur with Consumer Rights makes available to the Service Provider the Goods to be repaired or replaced. The Service Provider collects the Goods from the Consumer or the Entrepreneur with Consumer Rights at its own expense.
If the Goods were installed before the lack of compliance of the Goods with the contract became apparent, the Service Provider dismantles the goods and reinstalls them after repair or replacement or commissions these activities at its own expense.
The Consumer or the Entrepreneur with Consumer Rights is not obliged to pay for ordinary use of the Goods that were subsequently replaced.
If the Goods are not compliant with the contract, the Consumer or the Entrepreneur with Consumer Rights may submit a statement on price reduction or withdrawal from the contract when:
1. the Service Provider refused to bring the Goods into conformity with the contract in accordance with §9(8) above;
2. the Service Provider did not bring the Goods into conformity with the contract in accordance with §9(10) to §9(12) above;
3. lack of compliance of the Goods with the contract persists, despite the Service Provider’s attempt to bring the Goods into conformity with the contract;
4. lack of compliance of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedies specified in §9(7) to §9(12) above;
5. 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 excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights.
The Service Provider is obliged to respond to the consumer’s complaint within 14 days from the date of receipt.
The Service Provider refunds to the Consumer or the Entrepreneur with Consumer Rights the amounts due as a result of exercising the right to a price reduction without undue delay, no later than within 14 days from receiving the Consumer’s or the Entrepreneur with Consumer Rights’ statement on price reduction.
The Consumer or the Entrepreneur with Consumer Rights may not withdraw from the contract if lack of compliance of the Goods with the contract is insignificant. It is presumed that lack of compliance of the Goods with the contract is significant.
If lack of compliance with the contract concerns only some of the Goods supplied under the contract, the Consumer or the Entrepreneur with Consumer Rights may withdraw from the contract only in respect of those Goods and also in respect of other Goods purchased by the Consumer or the Entrepreneur with Consumer Rights together with the non-compliant Goods, if it cannot reasonably be expected that the Consumer or the Entrepreneur with Consumer Rights would agree to retain only the Goods compliant with the contract.
In the event of withdrawal from the contract, the Consumer or the Entrepreneur with Consumer Rights returns the Goods to the Service Provider without undue delay at the Service Provider’s expense. The Service Provider refunds the Consumer or the Entrepreneur with Consumer Rights the price without undue delay, no later than within 14 days from receiving the Goods or proof of their return.
The Service Provider refunds the price using the same payment method used by the Consumer or the Entrepreneur with Consumer Rights unless the Consumer or the Entrepreneur with Consumer Rights expressly agreed to a different refund method that does not entail any costs for them.
The Service Provider does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court consumer dispute resolution.
With regard to Goods with digital elements, the Service Provider is liable for lack of compliance with the contract of digital content or a digital service supplied continuously that occurred or became apparent during the period in which, under the contract, they were to be supplied. This period may not be shorter than two years from delivery of the goods with digital elements. It is presumed that lack of compliance with the contract occurred during that period if it became apparent during that period.
The Service Provider is liable for lack of compliance with the contract of Goods with digital elements in the scope regulated in §9(2)(e) that occurred during the period specified in that provision.

§ 10 Withdrawal from the Sales Agreement

A User who is a Consumer and an Entrepreneur with Consumer Rights who concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The withdrawal period from the Sales Agreement begins when the Consumer, the Entrepreneur with Consumer Rights or a third party indicated by them other than the carrier takes possession of the Goods.
The Consumer and the Entrepreneur with Consumer Rights may withdraw from the Sales Agreement by submitting to the Service Provider a statement of withdrawal. This statement may be submitted, for example, in writing to the Service Provider’s address, i.e.: BALI WELLNESS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Szeroka 42/43/3 (80-835), Gdańsk, or by e-mail to the Service Provider at: salongdansk@balispa.pl. The statement may be submitted on a form template posted by the Service Provider on the Online Service Website at: Withdrawal form. To meet the deadline it is sufficient to send the statement before its expiry.
The Consumer and the Entrepreneur with Consumer Rights may withdraw from the Sales Agreement by submitting to the Service Provider a statement of withdrawal via the form available at: Electronic Withdrawal Form. To meet the deadline it is sufficient to send the statement before its expiry. The Service Provider immediately confirms to the Consumer and the Entrepreneur with Consumer Rights receipt of the form submitted via the website.
In the event of withdrawal from the Sales Agreement, it is deemed not concluded.
If the Consumer or the Entrepreneur with Consumer Rights submitted a statement of withdrawal from the Sales Agreement before the Service Provider accepted their offer, the offer ceases to be binding.
The Service Provider is obliged to refund to the Consumer or the Entrepreneur with Consumer Rights all payments made by them, including the cost of Delivery of the Goods to the Consumer or the Entrepreneur with Consumer Rights, without undue delay, no later than within 14 days from receiving the Consumer’s or the Entrepreneur with Consumer Rights’ statement of withdrawal from the Sales Agreement. The Service Provider may withhold the refund of payments received from the Consumer or the Entrepreneur with Consumer Rights until it receives the Goods back or the Consumer or the Entrepreneur with Consumer Rights provides proof of returning the Goods, whichever occurs first.
If the Consumer or the Entrepreneur with Consumer Rights exercising the right of withdrawal chose a Delivery method other than the cheapest ordinary Delivery method offered by the Service Provider, the Service Provider is not obliged to refund the additional costs incurred by the Consumer or the Entrepreneur with Consumer Rights.
The Consumer or the Entrepreneur with Consumer Rights is obliged to return the Goods to the Service Provider without undue delay, but no later than within 14 days from the day they withdrew from the Sales Agreement. To meet the deadline it is sufficient to send the Goods to the Service Provider’s address before the deadline expires.
In the event of withdrawal, the User who is a Consumer or an Entrepreneur with Consumer Rights bears only the direct costs of return.
If, due to its nature, the Goods cannot be returned by post in the usual manner, the Service Provider informs the Consumer and the Entrepreneur with Consumer Rights about the costs of returning the item on the Online Service Website.
The Consumer and the Entrepreneur with Consumer Rights are liable for any diminished value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Service Provider refunds payments using the same payment method used by the Consumer or the Entrepreneur with Consumer Rights unless the Consumer or the Entrepreneur with Consumer Rights expressly agreed to a different refund method that does not entail any costs for them.
The right of withdrawal from the Sales Agreement does not apply to the Consumer and the Entrepreneur with Consumer Rights in respect of contracts for the supply of Digital Content not recorded on a tangible medium, if performance began with the Consumer’s or the Entrepreneur with Consumer Rights’ express consent before the expiry of the withdrawal period and after being informed by the Service Provider about the loss of the right of withdrawal.

§ 11 Free services

The Service Provider provides Users with free electronic services:
1. Maintaining a User Account;
2. Posting reviews.
The services indicated in §11(1) above are provided 24 hours a day, 7 days a week.
The Service Provider reserves the right to choose and change the type, forms, time and manner of granting access to selected services listed above, of which it will inform Users in a manner appropriate for a change of the Terms and Conditions.
The service of Maintaining a User Account is available after Registration on the terms described in the Terms and Conditions and consists in making available to the User a dedicated panel within the Online Service Website enabling the User to modify the data provided during Registration as well as to track the status of orders and the history of completed orders.
A User who has completed Registration may request the Service Provider to delete the User Account, provided that in the event of such a request the Account may be deleted within up to 14 days from the request.
The Posting reviews service consists in enabling Users who have a User Account to publish on the Online Service Website individual and subjective statements concerning, in particular, the Goods.
Resignation from the Posting reviews service is possible at any time and consists in ceasing to post content by the User on the Online Service Website.
The Service Provider is entitled to block access to the User Account and free services if the User acts to the detriment of the Service Provider, i.e. conducts advertising activity of another entrepreneur or product; posts content unrelated to the Service Provider’s activity; posts false or misleading content; as well as if the User acts to the detriment of other Users, violates legal provisions or the Terms and Conditions, or if blocking access is justified for security reasons, in particular: by breaking the security of the Online Service Website or other hacking activities. Blocking access for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access. The Service Provider notifies the User about the blocking electronically to the e-mail address provided by the User in the registration form.
The User may submit a complaint to the Service Provider in connection with the use of free electronic services provided by the Service Provider. The complaint may be submitted, for example, electronically and sent to salongdansk@balispa.pl or via the User Account, on the terms described on the Online Service Website. The complaint should include a description of the problem. The Service Provider examines complaints without undue delay, but no later than within 14 days, and provides the User with a response.

§ 12 User’s liability for content posted by them

By posting content and making it available, the User voluntarily disseminates the content. Posted content does not express the Service Provider’s views and should not be identified with its activity. The Service Provider is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
The User declares that:
1. they are entitled to use economic copyrights, industrial property rights and/or related rights to works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights, as appropriate, which make up the content;
2. posting and making available, within the services referred to in §11 of the Terms and Conditions, personal data, image and information concerning third parties was done legally, voluntarily and with the consent of the persons concerned;
3. they consent to other Users and the Service Provider viewing the published content and also authorise the Service Provider to use it free of charge in accordance with these Terms and Conditions;
4. they consent to the creation of derivative works within the meaning of the Act on Copyright and Related Rights.
The User is not entitled to:
1. post, within the use of services referred to in §11 of the Terms and Conditions, personal data of third parties and disseminate images of third parties without the legally required authorisation or consent of the third party;
2. post, within the use of services referred to in §11 of the Terms and Conditions, advertising and/or promotional content.
The Service Provider is liable for content posted by Users provided that it receives notice in accordance with §13 of the Terms and Conditions.
It is prohibited for Users, within the use of services referred to in §11 of the Terms and Conditions, to post content which could in particular:
1. be posted in bad faith, e.g. with the intent to infringe personal rights of third parties;
2. infringe any rights of third parties, including rights related to copyright and related rights protection, industrial property rights protection, trade secrets or related to confidentiality obligations;
3. be offensive or constitute a threat directed at others, contain language contrary to good morals (e.g. through the use of vulgarities or terms commonly recognised as offensive);
4. be contrary to the Service Provider’s interest, i.e. content constituting advertising materials of another entrepreneur or product; content unrelated to the Service Provider’s activity; false or misleading content;
5. otherwise violate the Terms and Conditions, good morals, applicable law, social or customary norms.
Upon receiving notice in accordance with §13 of the Terms and Conditions, the Service Provider reserves the right to modify or remove content posted by Users within the use of services referred to in §11 of the Terms and Conditions, in particular in relation to content which, based on reports by third parties or competent authorities, is found to potentially constitute a violation of these Terms and Conditions or applicable law. The Service Provider does not carry out ongoing monitoring of posted content.
The User consents to the Service Provider’s free use of content posted by the User within the Online Service Website.

§ 13 Reporting threats or infringement of rights

If a User or another person or entity considers that content published on the Online Service Website infringes their rights, personal rights, good morals, feelings, morality, beliefs, fair competition principles, know-how, a legally protected secret or a secret under an obligation, they may notify the Service Provider about a potential infringement.
The Service Provider notified of a potential infringement takes immediate actions aimed at removing from the Online Service Website the content constituting the cause of the infringement.

§ 14 Personal data protection

The rules for the protection of Personal Data are set out in the Privacy Policy.

§ 15 Termination of the agreement (does not apply to Sales Agreements)

Both the User and the Service Provider may terminate the agreement for the provision of electronic services at any time and without stating reasons, subject to the preservation of rights acquired by the other party prior to termination of the agreement and the provisions below.
A User who has completed Registration terminates the agreement for the provision of electronic services by sending to the Service Provider an appropriate declaration of intent, using any means of distance communication enabling the Service Provider to become acquainted with the User’s declaration of intent.
The Service Provider terminates the agreement for the provision of electronic services by sending to the User an appropriate declaration of intent to the e-mail address provided by the User during Registration.

§ 16 Final provisions

The Service Provider is liable for non-performance or improper performance of the agreement; however, in the case of agreements concluded with Users who are Entrepreneurs, the Service Provider is liable only in the event of intentional damage and within the limits of actual losses incurred by the User who is an Entrepreneur.
The content of these Terms and Conditions may be recorded by printing, saving on a medium or downloading at any time from the Online Service Website.
In the event of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The applicable law for resolving any disputes arising under these Terms and Conditions is Polish law.
The Service Provider informs the User who is a Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorised to conduct out-of-court dispute resolution. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection (UOKiK). The Service Provider also informs that the online dispute resolution platform (ODR) is available at https://ec.europa.eu/consumers/odr/.
The Service Provider reserves the right to amend these Terms and Conditions. All orders accepted by the Service Provider for fulfilment before the date of entry into force of the new Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the date the User placed the order. Amendments to the Terms and Conditions enter into force 7 days from the date of publication on the Online Service Website. The Service Provider will inform the User 7 days before the entry into force of the new Terms and Conditions about the amendment via an electronic message containing a link to the amended Terms and Conditions. If the User does not accept the new content of the Terms and Conditions, they are obliged to notify the Service Provider thereof, which results in termination of the agreement in accordance with §15 of the Terms and Conditions.
Agreements with the Service Provider are concluded in the Polish language.
The Terms and Conditions enter into force on 30.12.2023.