The Regulations constitute the legal basis for the functioning and use of the PelviFly.com service, made available in the PelviFly.com domain. The owner and administrator of the Pelvifly.com Website is Pelvifly limited liability company based in Warsaw, ul. Postępu 15, 02-676 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw Of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000605721, NIP: 7010556300, REGON: 363884963, e-mail address: [email protected], contact phone: (+48) 693 103 203.
The Regulations define the rules for making purchases in the Online Store, providing and using the services offered or available through the PelviFly.com website and the rights and obligations of its Clients, in particular Users, as well as the rights, obligations and responsibilities of the Company.
The condition for using the PelviFly.com service and the services offered through it and making purchases in the Online Store is the User’s prior reading of the terms and conditions of PelviFly.com and the Privacy Policy and the use of cookies and their acceptance in full.
I. Definitions
Application – the “Kegel Ninja by PelviFly” application for devices such as a smartphone or tablet, used to perform pelvic floor muscle exercises and transfer of exercise parameters to an IT system operated by the Company to provide Services to the User.
Exercise – pelvic floor muscle exercises by the User, performed by the User using the Device and Application. Exercises fall within the scope of Training Packages, variants of which are specified in the Online Store.
Consultations – A service consisting of consulting a Specialist ordered by Customers via the Website on the terms set out in the Regulations.
Specialist – Specialist in the field of physiotherapy, gynecology, sexology and urology, providing services to Users with the use of some Website functionalities. Specialist services are available in the “Care” variant.
Price – the price of the Product or remuneration for providing the Services. The price of a given Product or Service can be found in the description of each Product or Service.
Business days – days from Monday to Friday, except public holidays.
Online Store – PelviFly online store run by the Company on the Website.
Client – a person using the Website, regardless of whether they have created an Account or not. Consumers and entrepreneurs can be customers. Training packages can only be used by adult women.
Consumer – a customer who performs legal transactions with the Company, such as a purchase in the Online Store, not directly related to his business or professional activity.
Account – a set of data placed on the Website assigned to a given Customer, within which information about the Customer is stored.
The Account allows and is necessary to manage information about the Customer and to perform any legal or factual actions attributed to the Customer, possible to be performed through the Account, in particular using the Services after the end of the trial period.
Privacy policy and the use of cookies – a document setting out the principles of processing and protection of Customers’ personal data by the Company and specifying the types of cookies and the rules for their use by the Company in connection with the use of the Website and Application by Clients or Users.
Products – products sold through the Online Store.
Regulations – these regulations constitute the general terms of the Agreement concluded between the Company and the Client.
Application Regulations – application regulations “PelviFly – application name”
Service – a website at PelviFly.com maintained by the Company.
Company – Pelvifly limited liability company with registered office in Warsaw, ul. Postępu 15, 02-676 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000605721, Tax Identification Number: 7010556300, REGON: 363884963.
Device – kGoal device designed to perform pelvic floor muscle exercises performed using the Application.
A mobile device – a tablet or smartphone with the option of installing the Application.
Services – services provided by the Company through the Website in relation to the Exercises performed by the User. The use of the Services is possible after purchasing the Exercise Package in the Online Store. The type and number of Exercises that a User can perform depends on the Package of Exercises purchased.
User – the Customer using the Services.
Order – ordering Products or Services offered in the Online Store.
Page – Pelvifly or Client, depending on the context, also referred to collectively as Parties.
Order Form – A service provided by Pelvifly via the Store when placing an Order, consisting in providing an interactive form that allows selection and Ordering of Products or Services and specifying the terms of sale, in particular the method of payment and delivery.
Newsletter – A service provided by the Company consisting in providing the Customer, subject to appropriate consent, cyclically commercial information regarding, in particular, information on Products and Services, and new products and promotions available in the Store. Detailed rules for the provision of the “Newsletter” service are set out in [●] below.
Training Packages – A service consisting in providing a comprehensive solution including a mobile training application, a device monitoring the pelvic floor muscles during Exercises and other services, available depending on the Training Package, consulted by qualified personnel (doctors, nurses, physiotherapists, sports trainers) addressed to adult women in the field of pelvic floor muscle training. Training packages come in several variants, and their detailed characteristics and their scope is specified on the Store’s website. The “Care” variant is implemented by specialists conducting business activity independently of the Company using some of the Website’s functionalities.
Chatbots – automated communications from the Company’s website available on the Website and in the Application for interaction with the Client or the User, including those aimed at answering questions or conducting the Exercises depending on the Training Package selected.
II. General provisions
1. All rights to the Website, its name, elements of the Website, in particular programming, graphics and other elements, the Website’s online domain, are the exclusive property of the Company and may only be used in a manner consistent with the Regulations and applicable law.
2. The Customer undertakes to use the Website in accordance with its intended purpose, only in a manner consistent with the Regulations, applicable law, rules of social coexistence, good manners.
3. Before using the Website, the Customer is obliged to read these Regulations and the Privacy Policy and the use of cookies.
4. It is forbidden to take any action that is contrary to the purpose of the Website or prohibited by the Regulations or law, and in particular those that would destabilize the work of the Website, would hinder access to or use of the Website. It is forbidden to take other actions to the detriment of the Company or other Clients or threaten their rights or interests.
5. To use the Website it is necessary to use a device connected to the Internet.
6. To use the Website correctly, it is required that the Customer has the current version of any of the following browsers:
a. Mozilla Firefox;
b. Internet Explorer;
c. Safari;
d. Google Chrome;
e. Opera.
7. The Website may work incorrectly as a result of using other browsers or as a result of problems resulting from other software installed on a computer or other device of the Customer. Such malfunction is not a reason for complaint. Any errors should be reported to [email protected].
8. The Customer is obliged to secure information enabling access to his own Account against unauthorized access.
9. Using the Website’s functionality may depend on the installation of Java, Java Script software and acceptance of cookies. The use by the Customer of specific services may require the installation of specific applications, as well as the use of specific devices, made available by the Company.
10. The rules for the use of cookies on the Website are set out in the Privacy Policy and the use of cookies, to which a direct link is found here.
11. The Company makes every effort to ensure that the Website operates on a continuous basis. For the proper functioning of the Website it is necessary to conduct, from time to time, repairs, maintenance, inspections, improvements, changes to the Website or its elements. The Company informs that at the time of performing the said activities, access to all or some of the Website’s functionalities may be excluded or limited. The company will inform Clients about technical breaks and their duration, in the event of breaks planned by the Company, in particular by placing messages at the address of the website where the Website is located. The Company will notify immediately about technical breaks not planned by the Company in the available mode.
12. In order to provide the Services and enable shopping in the Online Store, the Company provides its Clients with a non-exclusive, non-transferable, non-transferable, unrestricted territorial, granted for the duration of using the Website to use the Website. The above License entitles Customers only to temporary multiply the Website by displaying it in a web browser. Customers are not entitled to any other rights, including intellectual property rights, beyond those expressly set out in the Regulations and in the Application Regulations, in the scope of the license for using the Application. Client’s actions that go beyond the scope of the License are forbidden, in particular decompilation and disassembly of the software functioning within the Website or reproduction of the source code of this software. If the User violates the rules of using the Website or the terms of the License granted, the Company will be entitled to block the User from accessing the Website and revoking the License granted for the use of the Website. The above shall not prejudice the right of the Company to take other appropriate and legal actions in connection with the breach made by the Customer. All graphic elements, technical solutions, text, software, databases and other materials placed and made available as part of the Website, as well as the manner of presenting them (arrangement), are protected by law in the area of copyright and related rights of the Company.
III. Creating an Account
1. To create an Account, it is necessary to:
1.1 owning the Device;
1.2 downloading the Application;
1.3 the start of the trial period referred to in point [⦁] below. The User may set up an Account during the Trial Period. The account is assumed by filling out the registration form available on the Website by entering data: name, surname, e-mail address, home address, mobile phone number. The Company is not responsible for the introduction of incorrect data by the Customer in the process of setting up an Account.
1.2 acceptance of the Regulations and the Privacy Policy and the use of cookies, which takes place by ticking the box “Yes” in the registration form available in the process of setting up an Account,
1.3. After receiving the data indicated above by the User, the Company establishes the Account User and sends it to the e-mail address provided in the registration form for the first login to the Account. After the first logging in to the Account, it is advisable to change the password.
2. The User may only have one Account.
3. The User is responsible for all activities performed through the Account or without logging in, undertaken within and through the Website and the Store. It is forbidden to use the Website, including the Account for entering unlawful content.
4. The Company reserves the right to temporarily block the Account or access to selected services provided by the Company in the event that it is found that the security of the Account or the Website is at risk. The Company may make the continued use of the Account by the User subject to change of the access password to this Account. After changing the password, the User immediately regains access to the Account.
5. The User should keep the Account password secret.
7. One Account on the Website is intended for one User only.
IV. Trial
The User who has the Device can use the Training Package in the Care variant as described in the Online Store for a period of 14 days. Using the Application and performing Exercises is anonymous during the trial period. The User may set up an Account after completing the trial period or may terminate it by creating an Account.
V. Orders
1. The price is given in PLN and includes VAT tax. The prices of the Products or Services do not include delivery costs, which are determined separately at the stage of placing the Order.
2. Orders are accepted 7 days a week, 24 hours a day. The first Customer Order is placed without creating an Account. Placing an Order is possible after logging in to the Account after its activation. The order is placed by completing the necessary data in the Order Form (name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and contract data: Product / yi Services, number Product (s), place and method of delivery of the Product (s), method of payment and subsequent confirmation of purchase If the data is incomplete or incorrect, the Company may ask the Customer to supplement or correct it.
3. Acceptance of the Order by the Company is confirmed by an e-mail sent to the e-mail address provided by the Customer during the creation of the Account.
4. The sales contract is concluded when the Customer confirms the Order and confirms its acceptance by the Company. The Order is processed in accordance with the chosen method of payment – after payment is made and credited to the Company’s bank account or the Company receives confirmation of a positive payment from the payment service indicated in the item below and in the case of picking the package on delivery at the conclusion of the Agreement. The duration of the Order is 5 Business Days.
5. Consolidation, protection and providing the Customer with the content of the contract concluded between the Customer and the Company shall take place through (1) the publication of these Regulations on the Online Store website and (2) sending the e-mail message referred to in point. 3 above. The content of the Agreement is additionally recorded and secured in the information system of the Website.
6. Deliveries of ordered Products are carried out on the territory of Poland, through a courier company cooperating with the Company. The current price list of courier parcels is available during the process of placing orders on the Order Form.
VI. Payments
1. The Company provides the Customer with the following methods of payment for Products and Services
delivered via the Store:
1.1. Payment by bank transfer to the bank account of Pelvifly Sp. z o.o .:
Bank: mBank.
Account number: 55 1140 2004 0000 3102 7626 6479.
1.2. Payment in cash on delivery upon delivery, only when choosing the delivery method by courier.
1.3. Payment by Visa, EuroCard / MasterCard credit card.
1.4 Electronic payments and card payments via the przelewy24.pl, Paypal and Stripe service on the terms set out in the regulations of these websites.
– possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://www.przelewy24.pl/ and may require the acceptance of the Regulations of the Przelewy24.pl website
Settlement of transactions by electronic payments and payment cards are carried out in accordance with the Customer’s choice via Przelewy24.pl.
The service of electronic payments and payment cards is provided by:
PayPro S.A. ul. Kanclerska 15, 60-327 Poznań, NIP: 779-236-98-87, Regon: 301345068, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Department. Gospodarczy of the National Court Register under the number KRS 0000347935, share capital: PLN 4,500,000 – paid in full
1.4 Electronic payments and card payments via PayPal
– possible current payment methods are specified on the Store page in the information tab on payment methods and on the website https://www.paypal.com/ and may require acceptance of the PayPal Terms and Conditions.
Settlement of transactions by electronic payments and payment cards are carried out in accordance with the Customer’s choice through the paypal.com service.
2.2. Payment deadline:
2.1. If the Customer chooses payment by bank transfer, payment by credit card, electronic payments, the Customer is obliged to make payment within 3 Business Days from the date of placing the Order. In the case of installment payments, the Customer makes payments in accordance with the sent schedule and on the terms specified by payment service providers cooperating with the Company and offering installment payments.
2.2. If the Customer selects payment in cash on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
VI. Services
1. The Company provides services to Clients related to the establishment and administration of the Account, delivery of the Newsletter, support for the Order Form, Chatboty and
Training packages. The use of the Services is possible after installing the Pelvifly training application on the mobile device and after paying for the chosen Training Package. Use of the Services requires a device to monitor the pelvic floor muscles indicated on the Website and available in the Online Store. Exercise Services, depending on the selected Training Package, are provided by the Company or by the Company and Specialists. The rules for conducting trainings are determined by the Specialist individually.
3. The installation of the Pelvifly mobile application is possible via the Website – redirection as appropriate:
– for mobile devices with Android – Google Play,
– for mobile devices with iOS – App Store.
The application can be downloaded directly from Google Play and the App Store.
4. Services under the Training Package are provided through the Kegelninja mobile application, in accordance with the Regulations and regulations of the Pelvifly mobile application after its prior approval. The customer is obliged to read the user’s manual of the pelvic floor muscle monitoring device before using it.
5. In order to commence the provision of Services within each Training Package, it is necessary for the Customer to have an online educational consultation in order to confirm whether the selected Training Package corresponds to the individual needs of the Customer. If any irregularities are found during the use of the Services or the Customer’s doubts related to health issues or technical problems, the Customer has the right and should immediately contact a specialist of the Company to determine the reasons for such irregularities and to obtain recommendations for further proceedings.
6. The Customer is obliged to comply with the provisions of the Regulations through all stages of ordering and using the Services.
7. Contraindications to Exercise are: hysterectomy
8. In the case of pregnancy (and what else?) Before gynecological consultation is required before exercising
VII. Newsletter
1. The subscription service of the newsletter and other commercial information from the Company is provided free of charge by the Company to Customers who voluntarily agree to it.
2. The client orders the subscription newsletter service using the form available on the PelviFly.com website by entering his name, e-mail address (e-mail) and then activating the “Subscribe” button.
3. The Company sends an e-mail to the Customer with a link to confirm the ordering of the newsletter. When the Customer clicks on the confirmation link between the Company and the Customer, a contract for the provision of the newsletter service for an indefinite period is concluded.
4. The customer may terminate the contract for the newsletter service at any time by deactivating the subscription. The unsubscribe from the newsletter is made by pressing the Customer link in the “Unsubscribe from the newsletter” link in the e-mail with the newsletter.
5. The consent to receive commercial information by electronic means sent by the Company is voluntary and the Customer may withdraw it at any time.
VIII. Consultations
1. Training Packages containing Exercises are made available by the Company in the Trial, Basic, Smart and Care variants. Detailed descriptions of variants of Training Packages are included in the Online Store.
2. The Customer may purchase the Training Package in the “Care” variant containing the Consultation provided by the Specialist. In the variant of the “Care” Training Package, the Service provided by the Company consists in providing the Website with services for Clients providing by the Specialists. The Customer arranges Consultation via the Website. The consultation takes place electronically outside the Website’s infrastructure. The specialist may recommend a personal visit to the doctor’s office or the physiotherapist’s office.
3. The specialist determines the price of the Consultations they provide. This fee is added to the Price and charged by the Company. Information on the amount of the fee for Consultation of an indicated Specialist is available as part of the Online Store.
The consultations do not replace a direct visit to a doctor’s or physiotherapeutic office and they do not have the character of a diagnosis.
4. The results of the Consultation will be available only on the Website after logging in to the Account.
5. The consultation consists in allowing the Customer to consult the Specialist at a previously reserved date using the messenger provided on the Website.
6. The client chooses the date of the Consultation depending on the availability of the Specialist of his choice. Information about available dates of Consultation is available as part of the Website’s functionality. Before booking the Consultation, one should become acquainted with the rules regarding its provision by the Specialist, in particular: the costs of canceling the Consultation binding for a given Partner.
7. If the Consultation does not take place due to reasons attributable to the Specialist, the Customer shall be entitled to pay the previously paid Consultation at another available time to the same or another Specialist, or to obtain a refund of the consultation fee paid. In the event that the price for the Consultation of another Specialist is higher, the Customer deciding to change the Specialist will be required to pay the difference.
8. The results of the Consultation will be available to the Customer through his Account on the Website for a period of [●]
9. The Company only makes the Website functionalities in order to make contact and enter into contracts for the provision of Services, is not a party to these agreements, does not bear any responsibility towards Customers for proper performance of the Services, and is not liable to Partners for making payments for the Service. The Customer and Specialist are parties to the consultation agreement.
IX. The Company’s liability
1. General principles
1.1. The Company strives to maintain the continuity of the Website. The Company’s liability for the unavailability of the Website caused by factors independent of the Company’s technical nature or the act or omission of third parties is excluded. In the case of any irregularities in the functioning of the Website, the Customer is obliged to immediately inform Pelvifly about the above.
1.2. In the event of technical disruptions in the operation of the Website resulting in the lack of availability of the Website, the Company will take all actions aimed at immediate removal of the failure and possible negative consequences.
1.3 The Company grants a 12-month warranty for the Products. The Company does not guarantee achieving the intended training results described by the Company in information materials available on the Website or through other communication channels of the Company (promotional materials, fanpages), in particular due to individual health determinants that were not previously known to the Company or Specialists or in the situation not applying to training plans.
2. Provisions regarding Clients who are not Consumers
2.1 In the case of Customers who are not Consumers, the Company has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Agreement.
2.2. As soon as the Company releases the Product to a non-Consumer Customer, the benefits and burdens associated with the Product and the risk of accidental loss or damage of the Product shall pass. In such a case, the Company shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
2.3 In the event of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the parcel in time and in the manner accepted for such consignments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
2.4 According to art. 558 § 1 of the Civil Code, the Company’s liability under the warranty for the Product towards a Customer who is not a Consumer is excluded.
2.5 In the case of Customers who are not Consumers, the Company may terminate the contract for the provision of Services consisting in providing the functionality of the Website, with immediate effect and without indicating the reasons by sending the appropriate statement in the document form to the Customer.
2.6 The liability of the Company towards a Customer who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – up to the price paid and delivery costs due to the contract between the Company and the Customer, however, more than up to PLN 1,500 (one thousand five hundred zlotys). The Company is liable towards a Customer who is not a Consumer only for typical damage predictable at the time of concluding the Agreement and is not liable for lost profits in relation to the Customer who is not a Consumer.
2.7 Any disputes arising between the Company and a non-Consumer shall be subject to a court having jurisdiction over the registered office of the Company.
X. Withdrawal from or termination of the Agreement
1. The agreement between the Consumer and the Company shall expire as a result of:
(a) submitting a declaration on termination of the Agreement by the Consumer or the Company, for 30 days notice, however, in the event of termination of the Training Package for 3 or 6 months by the Consumer before the end of this period, the remaining installments become payable on the day of termination Contracts, unless the Consumer terminates the Contract for reasons independent of him, i.e. the state of health or recommendation of a physiotherapist or physician as to contraindications in the use of the Services or Products, or if the termination is for other reasons independent of the Consumer,
(b) termination of the Agreement by the Company in other cases specified in the Regulations.
2. The Company has the right to withdraw from the Agreement concluded with the Client who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer in relation to the Company.
3. The contract with the Customer may be terminated by the Company with immediate effect, in particular in the event of the Company’s statement:
a) providing false identification data by the Customer,
b) entering unlawful content via the Website, including infringing the rights of third parties,
c) taking actions by the Customer to disrupt the operation of the Store’s IT system,
d) taking other actions by the Client that may result in damage to the Company,
despite the ineffective expiry of an additional deadline of 5 Business Days for the removal of violations. The provisions of points 1 and 2 above apply accordingly.
4. Regardless of the rights indicated above, the Company has the right to block the Account due to the reasons set out in point. VIII para. 3 of the Regulations or in case of suspicion of using the Account by a person not authorized by the Customer.
5. Establishing an Account lock prevents you from logging in to the Account and using its functionality. In order to remove the blockage, the Customer should contact the Company. Pelvifly has the right to maintain the Account blockade applied until the decision to terminate the Agreement has been made on the terms set out in point. VIII para. 3 of the Regulations and removal of violations.
6. The Customer shall not be entitled to any claims for damages against the Company in connection with blocking the Account.
7. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 13 below. To meet the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:
7.1. in writing to the following address: PelviFly Sp. z o.o. ul. Postępu 15, 02-676 Warsaw;
7.2. in electronic form via e-mail to the following address: [email protected];
8. An exemplary model of the withdrawal form is contained in Annex No. 2 to the Act on Consumer Rights. The consumer can use the form template, but it is not obligatory.
9. The period for withdrawing from the contract begins to run:
9.1. for a contract whereby the Company issues a Product, being obliged to transfer its ownership (eg a sales contract) – from the date of taking the Product into possession by the Consumer or a third party designated by the Consumer other than the carrier, and in the case of a contract that includes many Products, which are delivered separately, in batches or in parts – from taking possession of the last Product, lot or part
9.2. for other contracts – from the date of conclusion of the contract.
10. In case of effective withdrawal from a distance contract, the contract is considered void.
Establishing an Account lock prevents you from logging in to the Account and using its functionality. In order to remove the blockage, the Customer should contact the Company. Pelvifly has the right to maintain the Account blockade applied until the decision to terminate the Agreement has been made on the terms set out in point. VIII para. 3 of the Regulations and removal of violations.
6. The Customer shall not be entitled to any claims for damages against the Company in connection with blocking the Account.
7. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 13 below. To meet the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:
7.1. in writing to the following address: PelviFly Sp. z o.o. ul. Postępu 15, 02-676 Warsaw;
7.2. in electronic form via e-mail to the following address: [email protected];
8. An exemplary model of the withdrawal form is contained in Annex No. 2 to the Act on Consumer Rights. The consumer can use the form template, but it is not obligatory.
9. The period for withdrawing from the contract begins to run:
9.1. for a contract whereby the Company issues a Product, being obliged to transfer its ownership (eg a sales contract) – from the date of taking the Product into possession by the Consumer or a third party designated by the Consumer other than the carrier, and in the case of a contract that includes many Products, which are delivered separately, in batches or in parts – from taking possession of the last Product, lot or part
9.2. for other contracts – from the date of conclusion of the contract.
10. In case of effective withdrawal from a distance contract, the contract is considered void.
11. The Company is obliged to immediately, not later than within 14 calendar days from the date of receipt of Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the delivery of the Product (except for additional costs resulting from the method of delivery selected by the Consumer) other than the cheapest standard delivery method available in the Online Store). Pelvifly refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to a different method of return, which does not entail any costs for him. If the Company has not offered to collect the Product from the Consumer, it may withhold the reimbursement of payments received from the Consumer until receipt of the Product or delivery by the Consumer of proof of its return, depending on which event occurs first.
12. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdraws from the contract, return the Product to the Company or transfer it to a person authorized by the Company to collect, if the Company has offered to collect the Product. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: PelviFly Sp. z o.o. ul. Postępu 15, 02-676 Warsaw.
13. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
14. Possible costs related to the Consumer withdrawing from the contract, which he is obliged to incur. Consumer:
14.1. If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Store, Pelvifly is not obliged to refund the additional costs incurred by the Consumer.
14.2. The consumer bears the direct costs of returning the Product.
15. The right to withdraw from a distance contract is not entitled to the Consumer in relation to contracts:
15.1. (1) for the provision of services, if Pelvifly performed the service fully with the express consent of the Consumer, who was informed before the beginning of the benefit that after fulfilling the service by Pelvifly he would lose the right to withdraw from the contract; (2) in which the object of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
XI. Complaints
1. General provisions
Notifications about non-performance or improper performance of the Services by the Company should be reported to the e-mail address: [email protected]. Each entry should contain the Customer’s details, such as: name and surname, as well as a detailed description of the situation that constitutes the basis for the complaint, as well as any suggestions as to the situation that is the basis for the complaint. The company responds to the application within 14 days from the date of its receipt, and if it receives a notification that does not contain the information required to process it, it will ask the customer to provide additional information and consider the complaint within 14 days of receiving supplementary information.
2. Provisions relating to Consumers
2.1. The basis and scope of the Company’s liability towards the Customer, if the product sold has a physical or legal defect (warranty) is defined by generally applicable laws, in particular in the Civil Code.
2.2. The company is obliged to provide the Customer with a Product without defects.
2.3. The complaint may be submitted by the Customer:
2.3.1. in writing to the following address: PelviFly Sp. z o.o., returns ul. Postępu 15, 02-676 Warsaw; or
2.3.2. in electronic form via e-mail to the following address: [email protected];
2.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request a way to bring the Product into compliance with the Agreement or a statement of price reduction or withdrawal from the Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the complaint handling by the Company. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
2.5. The Company will address the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. Lack of the Company’s response in the above-mentioned period means that the Company considered the complaint justified.
2.6. If Pelvifly responds to Customer’s complaints or to exercise Customer’s rights under the warranty, it will be necessary to deliver the Product to Pelvifly, the Customer will be asked Postępu 15, 02-676 Warsaw.
2.7. A request to provide the Product referred to in point 2.6 above does not affect the course of time for Pelvifly to respond to customer complaints referred to in point 2.5 above and does not violate the right of the Customer to request Pelvifly to remedy the defect referred to in art. 561 § 1 of the Civil Code.
XII. Personal data
1. The administrator of personal data entered by the Customer in the process of setting up an Account and using the Website is Pelvifly Sp. z o.o. with headquarters in Warsaw. The Company may entrust the processing of Customers’ personal data to another entity, based on and in accordance with applicable law.
2. The customer has the right to inspect their data and the right to change them.
3. Providing personal data by the Customer is voluntary, but the lack of providing these data prevents the creation of a Customer Account, placing Orders, Customer use of the Website and the Services offered through it. The client ensures that the personal data provided by him is true and complete. In the event of a change of personal data or the need to correct it, the Customer should request such a change to the Company at the following e-mail address: [email protected]. The Customer has the option of changing personal data in his Account. In this case, the Customer should contact the Company at the e-mail address provided above.
5. The principles of processing and protection of Customers’ personal data are set out in detail in the Privacy Policy and the use of cookies.
XIII. Amendments to the Regulations
1. The Company has the right to unilaterally amend the Regulations, in particular due to changes in the law – to the extent to which these changes affect the implementation of the provisions of these Regulations. In the event of any changes to the Regulations, the Company will inform the Clients via a message posted on the Website at Pelvifly.com, messages sent to the Customers’ e-mail addresses or in a differently accepted manner at least 14 days before the planned entry of changes in life.
The message will contain detailed information on the content and scope of the change introduced.
2. Lack of the Customer’s statement on the lack of consent for the changes made within 30 days from the date of receipt of information regarding the change of the Regulations is treated as acceptance of the amended Regulations.
3. The amendment of the Regulations shall not affect the Agreements concluded before the amended version of the Regulations came into force.
4. If the Customer submits a statement on not accepting changes in the Regulations, the Agreement shall be dissolved as soon as the entry into force of the new Regulations becomes effective. Setting the point VIII of the Regulations shall apply accordingly.
5. In case of conclusion of agreements under these Regulations, amendments to the Regulations shall not in any way affect the rights of the Consumers acquired prior to the effective date of amendments to the Regulations, in particular amendments to the Regulations shall not affect already placed or placed Orders and concluded, implemented or executed Agreements.
XIV. Final Provisions
1. In matters not covered in these Regulations, the provisions of Polish law shall apply.
2. The Company does not transfer any rights to the Customer other than those specified in the Regulations, in particular, it does not transfer property rights to the Customer and does not grant any license, except for those specified in the Regulations. All identifications of the Company (in particular trademarks) may be used by the Customer only with prior written consent of the Company expressed in writing under pain of nullity only with the prior written consent of the Company.
3. In relation to Customers who are not Consumers, the Company may assign rights and obligations under the Agreement to any third party without the Customer’s consent.
4. These Regulations are made available free of charge as part of the Website in a form enabling its downloading, saving and printing.
XV. Applicable law and disputes
The law applicable to the contract between the Customer and the Company, the subject of which are Products and Services provided by the Company under the conditions specified in the Regulations, is the Polish law. All disputes related to the Services or Products provided by the Company will be resolved by the competent Polish common courts. The consumer has the opportunity to use the out-of-court method of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Information on how to access the abovementioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, in the tab “Settlement of consumer disputes”. The consumer also has the possibility to use the EU ODR internet platform, available at the following Internet address: http://ec.europa.eu/consumers/odr/
