Terms and Conditions of the online store of Bangkok Thai Massage & Spa, effective from May 17, 2021.

This document constitutes the terms and conditions governing the use of the online store of Bangkok Thai Massage & Spa, including information on the process of placing orders leading to the conclusion of a contract, details regarding the execution of the concluded contract, delivery and payment methods, the procedure for withdrawing from the contract, as well as the complaint handling procedure.

The regulations also serve as, in the scope of electronically provided services, the regulations for the provision of services electronically, as referred to in Article 8(1)(1) of the Act of July 18, 2002, on the provision of services electronically.

The entity providing online payment services is Blue Media S.A.

Seller’s Identifying Data

The online store of Bangkok Thai Massage & Spa is operated by BANGKOK Limited Liability Company with its registered office in Bydgoszcz, ul. Gdańska 36, 85-008 Bydgoszcz, entered into the National Court Register by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under the KRS number: 0000808012, share capital of PLN 5,000 fully paid, NIP: 588 245 35 15, REGON 384591779.

You can contact the Seller via e-mail at one of the following addresses:

1. bydgoszcz.gdanska@spabangkok.pl (for the salon in Bydgoszcz at ul. Gdańska 36)
2. bydgoszcz.jagiellonska@spabangkok.pl (for the salon in Bydgoszcz at ul. Jagiellońska 96)
3. wejherowo@spabangkok.pl (for the salon in Wejherowo at ul. Jana III Sobieskiego 227)
4. koszalin@spabangkok.pl (for the salon in Koszalin at ul. Krzywoustego 2/1)

Definitions

Whenever the terms listed below are used in the Regulations, they should be understood as follows:

Business Day – each day from Monday to Friday excluding public holidays,

Order Form – an Electronic Service, an interactive form available in the Store enabling the placement of an Order;

Buyer – a natural person, legal person, or an organizational unit without legal personality, residing or having its registered office in the territory of the Republic of Poland;

Consumer – according to art. 22(1) of the Civil Code – a natural person concluding a contract with the Seller not directly related to their business or professional activity,

Newsletter – Electronic Service consisting of sending messages by e-mail containing, among other things, commercial information, as well as other information related to the Seller’s activities;

Regulations – these regulations,

Store – online store of Bangkok Thai Massage & Spa operating at spabangkok.pl,

Seller – BANGKOK limited liability company with its registered office in Bydgoszcz, ul. Gdańska 36, 85-008 Bydgoszcz, entered into the National Court Register by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under the KRS number: 0000808012, share capital of PLN 5,000 fully paid, NIP: 588 245 35 15, REGON 384591779,

Electronic Service – a service provided electronically by the Seller to the Buyer through the Store.

General Provisions

The condition for using the Store and concluding a contract for the sale of physical or digital products in the Store is the acceptance of the provisions of these Regulations. By accepting the Regulations, the Buyer expresses their consent to all its provisions and undertakes to comply with them.

Through the Store, the Seller provides the Buyer with the opportunity to conclude a contract for the sale of physical and digital products available in the Store described on the Store’s pages.

The Seller conducts retail sales through the Store.

All physical products in the Store are new.

To use the Store and digital content purchased through the Store, the following minimum technical requirements must be met:

– possession of a computer or other multimedia device with internet access,

– possession of a standard operating system,

– standard web browser,

– .pdf file browser,

– possession of an active e-mail address.

In a situation where the use of digital content purchased in the Store requires additional technical conditions to be met, these conditions will be indicated in the description of the digital content in the Store before its purchase.

The Buyer is obliged to enter data into the Store by the actual state of affairs. The Buyer cannot make a purchase anonymously or under a pseudonym.

It is prohibited to provide content of an unlawful nature when using the Store, especially by sending such content through forms available in the Store. The Buyer is obliged to use the Store by the provisions of the Regulations, as well as with accepted customs and rules of social coexistence, and good manners, taking into account the respect for personal rights and copyrights and intellectual property of the Seller and third parties.

Services provided electronically in the Store

The Seller provides the Buyer with the following Electronic Services: 1) enabling the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller (Order Form), 2) sending the Newsletter (if the Buyer decides to subscribe to it).

The use of the Order Form begins with the Buyer adding the first product to the electronic shopping cart in the Store. The Order Form service is voluntary, one-time, and ends with the submission of the order through the Store or with the earlier cessation of placing the order through it by the Buyer.

Subscribing to the Newsletter is done by completing and submitting the Newsletter subscription form or by checking the appropriate checkbox in the order placement process. The Buyer can unsubscribe from the Newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the Newsletter or by sending a request to the Seller. The Newsletter service is voluntary.

The services are provided electronically (Electronic Services) to the Buyer free of charge.

To ensure the security of the Buyer and the transmission of data related to the use of the Store, the Seller takes technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

Any complaints related to the functioning of the Store and Electronic Services through the Store may be submitted in writing to the Seller’s address or by e-mail to bangkokbydgoszcz.spa@gmail.com. To expedite and facilitate the consideration of complaints, please specify in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities, (2) the Buyer’s request, and (3) the contact details of the Buyer submitting the complaint. The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description. The Seller will consider the complaint and inform the Buyer of the result of its consideration immediately, no later than within.

Fulfillment of an order comprising digital content involves sending it in the format specified on the Store’s website to the email address provided by the Buyer in the Order Form. An order including physical products is considered fulfilled upon dispatch of the shipment to the Buyer (entrusting the shipment to a carrier engaged in transport). An order including digital content is considered fulfilled upon sending an email with the content.

The fulfillment time for an order is always indicated for each physical product/digital content. Ordered products should be delivered to the Consumer within 30 days. If the Buyer orders products with different fulfillment times, the Seller’s fulfillment deadline for the entire order is the longest among all products included in the order.

Upon receiving the product, the Buyer is obligated to check if the shipment has no transport damages and if its content corresponds to the order. Product documents (warranties – if provided by the Seller, usage instructions, etc.) are delivered with the product.

Currently, available delivery methods for orders containing physical products are presented to the Buyer during the order placement. The Buyer bears the cost of order delivery unless explicitly stated otherwise on the Store’s website. The Seller may decide to split the order into several separate shipments without additional costs for the Buyer.

Currently, available payment methods for the order are presented to the Buyer during the order placement. If the Buyer requests an invoice during the order placement, it will be delivered to the email address provided in the order form.

Method and deadline for exercising the right to withdraw from the contract

The Consumer who concluded a contract with the Seller has the right to withdraw from the contract without giving any reason and without incurring costs other than those provided by law and specified in the Regulations within 14 days. Sending a statement to the Seller about the withdrawal before the deadline is sufficient to meet the deadline. This right does not apply in cases described in this section, especially in the case of a contract for the supply of digital content not stored on a tangible medium if the performance has begun with the explicit consent of the consumer before the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the contract.

The right to withdraw from the contract on the terms described in this paragraph and resulting from the Consumer Rights Act also applies to a natural person concluding a contract directly related to their business activity when it is clear from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available based on the Central Register and Information on Economic Activity regulations. Therefore, when this paragraph refers to the rights of the Consumer, these rights also apply to a person meeting the above criteria.

The right to withdraw from the contract does not apply to contracts:

1. for the provision of services if the Seller has fully performed the service with the explicit consent of the Consumer, who was informed before the provision began that after the fulfillment by the Seller, they would lose the right to withdraw from the contract,
2. for the delivery of digital content that is not stored on a tangible medium if the performance has begun with the explicit consent of the Consumer before the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the contract. The moment of starting the performance in the case of digital content is the delivery of an email to the Buyer with instructions for downloading or accessing the digital content.

A statement of withdrawal from the contract can be submitted in writing or by email to the addresses provided by the Seller in this Regulation in the section Identifying Seller’s Data. The statement can be submitted (which means it is not required) using the withdrawal form template attached as Appendix 2 to the Consumer Rights Act or the form template constituting Appendix 1 to the Regulations.

The Consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but not later than 14 days from the day they withdrew from the contract unless the Seller offered to collect the item themselves. Sending back the product before the deadline is sufficient to comply with the deadline. If the Seller has not offered to collect the item themselves, they may withhold the refund of payments received from the Consumer until they receive the item back or the Consumer provides proof of its return, depending on which event occurs first. The Consumer bears the direct costs of returning the item.

In the event of withdrawal from the contract, the Seller refunds all payments received from the Consumer, including the cheapest available delivery cost of the products in the Store (if the cost was covered by the Consumer), immediately and in any case not later than 14 days from the day the Seller was informed about the exercise of the right to withdraw from the contract. The refund will be made using the same payment methods that were used by the Consumer in the initial transaction unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the return of payments.

The Consumer is responsible for reducing the value of the product resulting from using it in a way that goes beyond necessary to establish the nature, characteristics, and functioning of the product.

Complaint procedure. Liability for defects

The Seller has a legal obligation to provide the Buyer with a product and digital content free from defects. The Seller is liable to the Consumer if the sold product or digital content has a physical or legal defect (warranty for defects). Liability towards the Buyer who is not a Consumer for warranty for defects is excluded.

If the Consumer finds a defect in the product or digital content, they should inform the Seller, specifying their claims or submitting a statement of relevant content. The Consumer can contact the Seller to file a complaint both by traditional mail and by email. The Seller will respond to the Consumer’s complaint within 14 days of receiving the complaint using the means of communication through which the complaint was filed.

The regulations regarding the Seller’s warranty for defects in the sold item concerning Consumers also apply to a natural person concluding a contract directly related to their business activity when it is clear from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available based on the Central Register and Information on Economic Activity regulations.

Personal data

The Seller is also the administrator of the Buyer’s personal data (“Administrator”). You can contact the Administrator by email by sending an email to iod@spabangkok.pl. Buyer’s personal data will be processed to conclude and perform a contract between the Buyer and the Administrator, under the conditions specified in the Regulations, including the fulfillment of orders, handling complaints, as well as for contact and information purposes – based on art. 6 para. 1 lit. b) GDPR, i.e. processing is necessary for the performance of this contract or to take action at the request of the Buyer, before the conclusion of the contract; settling tax matters and keeping accounting records – based on art. 6 para. 1 lit. c) GDPR, i.e. processing data is necessary to fulfill legal obligations incumbent on the Administrator resulting from tax law provisions and accounting regulations; determining, investigating, or defending against any claims between the Buyer and the Administrator – based on art. 6 para. 1 lit. f) GDPR, i.e. based on the legally justified interest pursued by the Administrator, which is the possibility of pursuing claims.

Providing personal data by the Buyer is voluntary, with the provision of personal data in the scope of name, surname, phone, email address, and address data, in the case of Buyers who are Consumers