Regulations for the provision of services by electronic means

§ 1. General provisions

1. These Regulations define the terms and conditions for the sale of vouchers (hereinafter referred to as "voucher").
   The seller is Moonlight Spa Anna Odrzywołek, ul. Dąska 5, 31-572 Kraków, NIP: 677-227-34-97 on the website https://moonlightspa.pl/kup-online-dabska-moonlight-spa/
2. You can contact the Seller:

-at the email addresses: hotel@moonlightspa.pl
-at the address: Moonlight SPA, ul. Dąbska 5, 31-572 Kraków, Mon-Sun 10:00-21:00.
-by phone: Dąbska – +48 692-759-729.

3. These Regulations define the rules for the provision of services electronically and the rules and procedure for concluding distance contracts with the Seller – the sale of Vouchers.
4. The Regulations specify in particular the types and scope of services provided electronically; the conditions for the provision of services electronically; the conditions for concluding and terminating contracts for the provision of services electronically; and the complaint procedure for the provision of services electronically.
5. These Regulations are the regulations referred to in art. 8 section 1 point 1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017.1219, item 24 of 2017 June XNUMX, as amended).
6. The regulations are available free of charge.
7. The Sales Regulations constitute an integral part of each order for the purchase of a Voucher by the Customer.
8. By placing an order to purchase a Voucher, the Customer declares that he or she has read and accepts the content of these Regulations for the provision of electronic services.
9. In the case of minors or individuals lacking full legal capacity, the redemption of certain Vouchers requires the consent of the minor's or individual's legal guardians, expressed in the form of a guardian's consent, and the presence of at least one guardian at the location where the voucher is redeemed. The absence of a consent document or the absence of one guardian constitutes grounds for the Seller to refuse to redeem the voucher.

§ 2. Definitions

1. Customer – this shall be understood as a natural person, legal person or organizational unit without legal personality who purchases a Voucher in exchange for paying the Seller cash in an amount equal to the value of the Voucher, accepting the provisions of the Regulations.
2. Consumer – a natural person who concludes a legal transaction with an entrepreneur (Seller) that is not directly related to his or her business or professional activity.
3. Voucher – confirmation of the conclusion of a contract to use a service offered by the Seller on a date agreed with the Customer after prior reservation, during the opening hours and dates of the Moonlight SPA salon, and if clearly indicated during purchase and on the voucher, after prior reservation. If the Voucher does not specify the number of people who can use the services at one time, the Voucher authorizes use of the services by one person. In paper or electronic form, with an individual ID number, it entitles the Customer or Consumer to use the Voucher up to its value to cover the services provided by the Seller.
4. Order – a declaration of will by the Customer, aimed directly at concluding a distance contract via the Sales Panel, specifying the type and number of vouchers.
5. Online payment system – eService sp. z o. o., ul. Jana Olbrachta 94, 01-102 Warsaw, entered into the register of entrepreneurs maintained by the Registry Court for the capital city of Warsaw, 0000490970th Commercial Division under the KRS number 118, NIP: 14-77-610-016107240, REGON: XNUMX.
6. Sales Panel – a set of cooperating IT devices and software, enabling the provision of services electronically and the conclusion of a distance contract with the Seller, located on the Seller's website. The Sales Panel can be found on the website https://moonlightspa.pl/kup-online-dabska-moonlight-spa/
7. Entrepreneur with consumer rights – a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
8. E-receipt – this is a fiscal document in electronic form, the scope of which is regulated by the Act on Tax on Goods and Services of 11 March 2004, the Regulation of the Minister of Finance on cash registers and the Regulation of the Minister of Entrepreneurship and Technology on the criteria and technical conditions that cash registers must meet.

§ 3. General information on how to use the offer

1. The use of services is possible provided that the Client's system meets the minimum technical requirements:

1. a computer or mobile device with Internet access;
2. any web browser,
3. access to e-mail.

2. Vouchers are available in variants detailed at: https://moonlightspa.pl/produkt/karta-podarunkowa/.
3. The voucher is valid indefinitely and has no expiration date. The voucher remains valid until redeemed, in accordance with the terms of these Terms and Conditions. In exceptional circumstances that prevent the voucher from being redeemed at a convenient time (e.g., illness, an accident, force majeure, or a lack of available dates due to the Seller's fault), the Seller may offer the Customer an alternative delivery date based on individually agreed terms.
4. The voucher cannot be exchanged for cash. The unused value of the voucher cannot be exchanged for cash if the value of the voucher exceeds the value of the service booked with the voucher. The service covered by the purchased voucher can be exchanged for another service in-store at Moonlight Spa on the day the voucher is redeemed.
5. Voucher orders can only be placed via https://moonlightspa.pl/kup-online-dabska-moonlight-spa/
6. The voucher cannot be combined with other promotions.
7. Vouchers cannot be added together.
8. Each Voucher has its own individual ID number.
9. Vouchers may be subject to availability restrictions, particularly those regarding the provision of services during "long weekends," Christmas, New Year's Eve, New Year's Day, and Easter. A long weekend refers to a weekend when the day immediately adjacent to Saturday and Sunday is also a day off, most often due to a public holiday.
10. Information on voucher redemption is available from the Seller from Monday to Friday from 10:00 a.m. to 20:00 p.m.
11. The Customer is required to book services at least seven days in advance. Failure to book in advance will result in the Seller refusing to redeem the voucher.
12. If the customer loses the voucher, it will be possible to use it during its validity period provided that the Seller is presented with proof of payment and the voucher ID number.

§ 4. Types, scope and conditions of providing services electronically

1. The Seller provides the following services via the Sales Panel:
   a) a service enabling you to become familiar with the Seller's offer,
   b) a service enabling the conclusion of an online contract (remotely) by ordering a Voucher by the customer,
   c) the service of sending a voucher to the e-mail address provided by the Customer.
2. The technical requirements for using the services available through the Sales Panel are as follows: Internet connection; a web browser that allows the display of hypertext documents made available on the Internet on the screen of the Customer's device with Java Script support enabled: Google Chrome / Google Chrome Mobile version 63 or newer, Mozilla Firefox version 52 or newer, Opera version 58 or newer and Internet Explorer version 11 or newer or another compatible browser; having a current, active, correctly configured e-mail account.

§ 5. Principles of providing services electronically and conditions for concluding and terminating contracts for the provision of services electronically

1. The Customer's commencement of using the services covered by these Terms and Conditions constitutes the conclusion of an agreement for the provision of electronic services available through the Sales Panel, without the need to conclude a separate agreement. If the Customer terminates use of the services made available through the Sales Panel, the agreement for the provision of electronic services terminates automatically without the need for any additional declarations upon leaving the Sales Panel, excluding the service of sending a Voucher to an email address, which terminates upon sending the Voucher to the email address provided by the Customer.
2. Possibility of using services:

a) a service enabling the conclusion of an online contract (remotely) by ordering a Voucher by the Customer,

b) the service of sending the Voucher to the e-mail address provided by the Customer depends on placing an order for the Voucher, in accordance with the rules described in chapter 6.

3. The service of sending a Voucher to the email address provided by the Customer occurs after the Voucher sales agreement is concluded. The service, which enables concluding an online (remote) contract by ordering a Voucher, can be initiated and terminated by the Customer at any time.
4. Possibility of using a free service: the service enabling the Seller to familiarize themselves with the Seller's offer is always provided at the Customer's individual request. The Customer may start and stop using the service at any time. Leaving the website containing the Sales Panel constitutes the Seller's resignation from providing this service to the Customer.

§ 6. Conclusion of purchase agreements and method of payment

1. To place an order, select the voucher(s) available in the Sales Panel, specify their quantity, select any additional parameters required in the form, accept these Terms and Conditions and the Privacy Policy, and perform subsequent technical steps based on the messages or information appearing on the website. To complete the order, the Customer is required to provide all necessary data, which are designated as required fields in the Sales Panel.
2. The total order value and final order price are shown in the payment summary and are visible before the Customer finally confirms the order.
3. After clicking the "Proceed to payment" button, the Customer will be redirected to the online payment system to pay for the order. The Customer makes payment via the Online Payment System and must accept the Online Payment System Terms and Conditions to complete the payment.
4. The online payment system is the entity providing online payment services. Fast online transfers, BLIK, and the following card payment methods are available:
   ● Visa
   ● Visa Electron
   ● MasterCard
   ● MasterCard Electronic
   ● Maestro
5. Once the Customer is redirected to the online payment system, they should immediately initiate payment for the Order. Ordering a Voucher entails the obligation to pay. If the Online Payment System does not record payment for the Order within the specified time, the ordered services will be returned to the pool of available services. If the payment is received after this time, the funds will be automatically refunded to the Customer. To reorder Vouchers, complete the order form and make the payment again.
6. A customer who successfully completes a payment enters into a sales contract. Confirmation of the contract is the receipt of a voucher to the email address provided in the Sales Panel form.
7. The proof of purchase is the Voucher together with the e-receipt sent by the Seller.
8. The customer is obligated to pay the price for the purchased Voucher. In the case of ordering multiple Vouchers, the prices of individual Vouchers are added together. The total price is provided in the order form completed by the customer. After the customer selects the payment method and, if applicable, delivery option, they will be informed of the total order price, including any delivery costs (summary), before confirming the order.
9. The Seller fulfills the obligation towards the Customer by enabling him to exercise his rights - to use the service, within the time and under the conditions specified during the purchase and on the Voucher.
10. The Customer may report incorrect data provided in the form to the Seller for correction by sending an e-mail to the Seller's address visible in the footer of the Sales Panel or by contacting him via the telephone number.
11. The Customer may communicate with the Seller via the Seller's e-mail address visible in the footer of the Sales Panel or by contacting him via the telephone number.
12. The Seller shall not be liable for any incorrect or untrue data provided by the Customer.

§ 7. Withdrawal from the contract

1. Within 14 days of receiving the Voucher, if the Voucher has not yet been redeemed or reserved, the Customer may withdraw from the contract and resign from redeeming the Voucher without giving any reasons, by notifying the Seller at the following address: wspolpraca@moonlightspa.pl and provided proof of purchase is provided for prepayment. By deciding to make a reservation or proceed with the order, the Customer agrees to forfeit the right to withdraw from the contract before the 14-day period described above.
2. The Seller undertakes to consider any written request to withdraw from the contract within 14 days from the date of delivery and to refund to the Customer all payments made by him, including the costs of delivering the goods equivalent to the cheapest delivery cost.
3. Immediately after considering the will to withdraw from the Contract, the Seller will send the Customer an e-mail confirming receipt of the declaration of withdrawal from the Contract.
4. All refunds are processed electronically. The same payment method used by the Customer will be used for refunds, unless the Customer consents to a different refund method.
5. The Seller has the right to terminate the contract for a valid reason. To do so, the Seller will immediately notify the Customer in writing at the email address used to purchase the Voucher and offer an exchange for an equivalent service or a refund. If the Customer does not agree to the exchange, the Seller will refund all payments made for the Voucher within 7 days of notifying the Customer of the termination of the contract.
6. The provisions of § 7 of the Regulations also apply to the Entrepreneur with consumer rights.

§ 8. Rules for filing complaints and terms of complaints

1. The Seller makes every effort to ensure that the services covered by the Voucher are provided without defects and in accordance with the service description.
2. In the event of non-compliance of the Voucher with the concluded Sales Agreement, the Consumer or Entrepreneur with consumer rights shall have the rights specified in the provisions of Chapter 5A (Article 43a et seq.) of the Act of 30.05.2014 May 2020 on consumer rights (consolidated text: Journal of Laws of 287, item XNUMX, as amended).
3. In relation to Customers who are Entrepreneurs or Entrepreneurs exercising consumer rights, the warranty is excluded.
4. The Seller is liable for any lack of conformity of the Voucher with the Agreement existing at the time of its delivery and discovered within two years from that time, unless the expiry date of the Voucher specified by the Seller is longer.
5. The voucher complies with the contract if:
   1. in particular, its description, type, quantity, quality, completeness and functionality comply with the contract;
   2. in particular, its suitability for the specific purpose for which it is required by the Consumer, about which the Consumer informed the Seller at the latest at the time of conclusion of the contract and which the Seller accepted, remains in accordance with the contract.
   3. is suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
   4. is present in such quantity and has such characteristics, including durability and safety, that are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurances given by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the entrepreneur proves that:
      1. he was not aware of the public statement and, judging reasonably, could not have been aware of it,
      2. before the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was given, or in a comparable manner,
      3. the public assurance had no influence on the Consumer's decision to conclude the contract.
6. The Seller shall not be liable for the lack of conformity of the Voucher with the contract to the extent referred to in paragraph 5 above, if the Consumer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the Voucher deviates from the requirements of conformity with the contract specified in paragraph 5 above and expressly and separately accepted the lack of a specific feature.
7. Complaints should be submitted in writing via email to the Seller. The complaint should include the Voucher in question. A description of the situation should be attached to the complaint.
8. Any written complaint will be reviewed within 14 days of receipt. Complaints can be submitted in paper or electronic form. e-mail: wspolpraca@moonlightspa.pl
9. If there are any deficiencies in the complaint (e.g. failure to attach a Voucher), the Seller will request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
10. The above provision applies accordingly to complaints regarding services provided electronically. In such cases, the Customer should provide their name, mailing address, and the nature and description of the problem.

§ 9. Personal data clause

1. The Controller of your personal data provided in the registration form is Moonlight Spa Anna Odrzywołek, ul. Dąbska 5, 31-572 Kraków, NIP: 677-227-34-97, hereinafter referred to as the "Controller". You can contact the Controller by writing to the following address: wspolpraca@moonlightspa.pl or by calling the number: tel: + 48 784-689-785.
2. The legal basis for the processing of your data is the agreement between you and the Controller, hereinafter referred to as the "Agreement", which is concluded as a result of accepting the Regulations and for the performance of which the processing of your data is necessary.
3. Your personal data are processed solely for purposes related to the implementation of the Agreement and to take the necessary actions before concluding the Agreement.
4. Providing personal data is not mandatory, however, failure to provide it will make the conclusion and performance of the Agreement impossible.
5. Your data will be stored no longer than necessary, i.e. until the expiry of the limitation period for claims.
6. The Administrator will transfer your data to recipients providing sales software, the provider of the payment platform through which you can pay for our services, the provider of invoicing software, entities providing accounting and bookkeeping services, and in the case of sending the shipment by traditional means also to: a company providing courier/postal services.
7. The Administrator does not intend to transfer your data to a third country or to international organisations.
8. You have the right to request from the Administrator access to your data, its rectification, transfer and deletion, as well as the right to limit data processing.
9. In connection with the processing of your personal data by the Administrator, you have the right to lodge a complaint with the supervisory authority.
10. Based on your personal data, the Administrator will not make any automated decisions regarding you, including decisions resulting from profiling.

§ 10. E-receipt

1. The condition for issuing an E-receipt is that the Customer consents to receiving it.
2. The customer consents to the issuance of an e-receipt by accepting the Regulations.
3. The Customer receives access to the e-receipt via email when the Seller sends the e-receipt in PDF format to the email address provided in the order. The Customer's access to the readable e-receipt constitutes the issuance of the e-receipt.
4. In case of problems with accessing the e-receipt, the Customer should check the SPAM folder and contact the Seller immediately.
5. The Seller may additionally send a one-time notification to the Customer at the telephone number provided in the order in order to inform him/her about the issue and delivery of the e-receipt.

§ 11. Final provisions

1. In matters not regulated in these Regulations, the provisions in force in the territory of the Republic of Poland shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means and the Act on Consumer Rights.
2. The Seller reserves the right to amend these Terms and Conditions. Amendments to the Terms and Conditions are effective from the moment they are announced and posted in the Sales Panel. The previous terms and conditions (in force at the time the agreement is concluded) apply to agreements concluded before the amendment. Therefore, the amendment to the Terms and Conditions will not apply to agreements concluded previously.
3. The Seller indicates that it has not implemented the Code of Good Practices within the meaning of Art. 2 item 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws of 2017.2070, item XNUMX, consolidated text).
4. The court having jurisdiction to hear disputes arising from the sales contract is the court with jurisdiction over the registered office of the Seller.
5. The Seller informs that Customers with Consumer status have the option of using out-of-court complaint and redress mechanisms, including mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts. Detailed information regarding the availability of these methods is available at the offices and on the websites of district (municipal) consumer ombudsmen, Provincial Inspectorates of Trade Inspection, and social organizations whose statutory responsibilities include consumer protection.
6. Customers with the status of Consumers may use the out-of-court possibility of resolving disputes electronically via the European Union's ODR online platform enabling the submission of complaints and the pursuit of claims related to the concluded contract, which can be found at: http://ec.europa.eu/consumers/odr/. The email address is: wspolpraca@moonlightspa.pl
7. If any changes are made to the Terms and Conditions, Clients will be notified of these changes via the website https://moonlightspa.pl/ at least fourteen days in advance, along with a request to accept the amended Terms and Conditions. All Vouchers are redeemed under the Terms and Conditions in effect on the date the Client purchased the Voucher.
8. These Regulations are effective from July 1 2025 year.