Terms and Conditions of Studio Sante Gift Cards

I. GENERAL INFORMATIONS

Effective from June 17, 2022

1. This Regulations defines the rules and conditions for the sale of Gift Cards in the online store Studio Sante Uzdrowisko Miejskie by Sante sp. z o.o. with its registered office in Warsaw.
2. The content of the Regulations is available on the Studio Sante website at www.studiosante.pl/regulaminy, in a form that allows for its preservation, printing, and at the reception of Studio Sante Uzdrowisko Miejskie to ensure the possibility of familiarizing oneself with its content before entering into an agreement.
3. Definitions:
   a) Seller – means Sante sp. z o.o. with its registered office in Warsaw at Jagiellońska 55A, registered under KRS number 0000950564, NIP 524-10-06-610, REGON 010827252, which sells Gift Cards acting on its own behalf and on its own account.
   b) Buyer – means a natural person with at least limited legal capacity and over 18 years of age, as well as a legal person or an organizational unit without legal personality but with legal capacity granted by law, which purchases a Gift Card for a specified monetary amount.
   c) Cardholder – the Buyer or a person who presents the Gift Card for redemption.
   d) Store – means the online store operated by the Seller at sklep.studiosante.pl.
   e) Order – the Buyer’s declaration of intent made using the Order Form and aimed directly at entering into a Gift Card Sales Agreement with the Seller.
   f) Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by specifying the value of the Gift Card, method of delivery, and payment.
   g) Gift Card – an identification mark issued to the bearer, containing a specific serial number entitling the holder to use the services of Studio Sante Uzdrowisko Miejskie in accordance with the applicable price list and the value of the Gift Card held.
   h) Services – refers to the services offered by the Seller at Studio Sante Uzdrowisko Miejskie, as listed on the website www.studiosante.pl.
   i) Distance Sales Agreement – an agreement concluded with a consumer within an organized system for concluding distance contracts, without the simultaneous physical presence of the parties, using only one or more means of distance communication until the conclusion of the agreement, governed by the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2017.683, as amended).”

 

II. TERMS AND CONDITIONS FOR PURCHASING GIFT CARDS

1. To place an order and purchase a Gift Card, the Buyer needs to have access to the Internet, an active email account, and a contact phone number.
2. The Buyer can place an order and purchase a Gift Card by registering in the Store and creating an account or by providing the necessary personal and address data enabling order fulfillment without creating an account. Registering in the Store is not equivalent to the obligation to make a purchase. Registration is a one-time process. Subsequent purchases are made by logging into the created account using the provided login (email) and password.
3. In the case of creating an account in the Store, the Buyer is obligated to keep the account password confidential. The Buyer is obliged to take the utmost care to prevent the loss of the access password or its acquisition by third parties (regardless of the method). The Buyer bears sole responsibility for sharing the login and password with third parties.
4. The Buyer can delete their account at any time. Deleting the account results in the permanent and irreversible removal of all Buyer’s data from the Store’s online system. The Buyer can send the aforementioned request to the email address sklep@studiosante.pl.
5. Making purchases in the Store is associated with correctly completing the Order Form, particularly by providing the required personal data, contact number, email address, giving consent to enter into a sales agreement, and confirming familiarity with the Terms and Conditions.
6. Orders can be placed 24 hours a day, 7 days a week, all year round, except during technical breaks specified in the informational message posted on the Store’s website.
7. In the event of any doubts by the Seller regarding the identity of the Buyer or the placed Order, the Seller reserves the right to conduct additional verification of the Buyer’s data, such as through telephone contact.
8. The Buyer can choose from the following payment methods:
   a) Online payment using the PayU payment system. If the payment is made by Friday before 1:00 PM, the Gift Card will be shipped by courier on the same day, but delivery will take place on the next working day, or it will be possible to pick it up at the reception of Studio Sante.
   b) Prepayment by bank transfer to the Seller’s account indicated in the order. If the payment is chosen to be made by bank transfer, it should be completed within 5 business days to the bank account specified in the email confirming the placed Order; otherwise, the Order will be canceled. If the payment is made by Friday before 1:00 PM, the Gift Card will be shipped by courier on the next working day after the funds are credited to the Studio Sante’s account, or it will be possible to pick it up at the reception of Studio Sante.
   c) Cash or card payment upon personal pickup at the reception of Studio Sante Uzdrowisko Miejskie.
9. The Buyer can choose from the following delivery or pickup methods for the Gift Card:
   a) Courier delivery.
   b) Personal pickup at the reception of Studio Sante Uzdrowisko Miejskie.
10. The Seller has the right to refuse order fulfillment if:
    a) The order was placed on an incorrectly completed Order Form,
    b) The order was placed in violation of these Terms and Conditions.
11. After making the payment, the Buyer will receive a confirmation in the form of an email message, which will be sent to the email address provided during the order placement.

 

III. GIFT CARD AND SERVICES

1. The Gift Card is issued in the form of an elegant card packaged in a decorative envelope.
2. The Gift Card is valid for a period of 12 months from the date of purchase. After the specified period has expired, and if it has not been fully or partially used, the value of the Gift Card is forfeited.
3. The Gift Card can be purchased for any amount chosen by the customer, but not less than 100 PLN.
4. The Gift Card can be used during one or multiple visits, depending on the value of the selected services.
5. The Gift Card is non-refundable and cannot be exchanged for cash. It is also not possible to receive change in cash from the Gift Card if its value exceeds the value of the services utilized.
6. According to the recipient’s preference, the Gift Card holder can make an additional payment if the value of the services they wish to use exceeds the value of the Gift Card.
7. Gift Cards entitle the holder to choose any services from the Studio Sante Uzdrowisko Miejskie offer.
8. In the event of loss or damage to the Gift Card, the Seller is not liable and does not compensate for any loss caused by such circumstances.
9. The Gift Card can be purchased at the reception desk at Studio Sante Uzdrowisko Miejskie. Purchasing Gift Cards at Studio Sante Uzdrowisko Miejskie does not involve any additional fees.
10. To arrange the appointment for the service (excluding Sauna and Pool services), please contact the reception in advance at the phone number +48 22 417 80 90 or email: kontakt@studiosante.pl.
11. When making a reservation, please inform the reception that the Gift Card will be used as the payment method for the agreed-upon service.
12. The Gift Card should be presented at the reception of Studio Sante Uzdrowisko Miejskie before using the service..
13. When making a payment through the PayU system or by bank transfer for the purchase of a Gift Card, the reservation for the service under the Gift Card can be made only after the payment is credited to the Seller’s account.
14. The prices of the services listed in the Store are gross prices, including the necessary VAT tax.
15. The Seller reserves the right to change the prices of the services offered in the Store, introduce new services to the Store’s offer, carry out and cancel promotional campaigns on the Store’s pages, or make changes to them. These rights do not affect the prices of ordered services placed before the effective date of the price change, promotional campaign conditions, or sales.

 

IV. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. According to the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws 2017.683, as amended), the Buyer who is a consumer within the meaning of Article 221 of the Civil Code has the right to withdraw from a distance sales contract within 14 calendar days from the day of concluding the sales contract, i.e., from the day of order confirmation by the Buyer. To meet the deadline, it is sufficient to send a declaration before the deadline expires.
2. The withdrawal is made by email to the address: sklep@studiosante.pl. The declaration can also be submitted using the form provided in Appendix 1 to these Regulations and the attachment to the Act of 30 May 2014 on Consumer Rights, but it is not obligatory.
3. The Seller immediately sends the Consumer a confirmation of receipt of the declaration of withdrawal from the sales agreement to the email address provided by the consumer, along with information about blocking the amount on the Gift Card.
4. The Seller shall promptly, but no later than within 14 days from the receipt of the Consumer’s declaration of withdrawal from the agreement, refund to the Consumer all payments made by the Consumer for the ordered gift card.
5. The refund will be made using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for them.
6. The Seller may withhold the refund until the Gift Card is returned to them or until they receive proof of its return, whichever occurs first.
7. The Consumer should return the Gift Card to the address provided by the Seller in this Regulation promptly, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Buyer returns the Gift Card before the expiration of the 14-day period.
8. The consumer bears the direct cost of returning the Gift Card.
9. The right of withdrawal from an agreement concluded outside the business premises or at a distance does not apply to the Consumer in relation to service contracts if the Seller has fully performed the service with the explicit consent of the Consumer before the expiration of the 14-day withdrawal period.

 

V. COMPLAINT

1. The Buyer has the right to file complaints regarding the Gift Cards.
2. The complaint should be submitted promptly upon noticing a defect in the Gift Card.
3. Complaints should be submitted in writing at the reception of Studio Sante or via email to sklep@studiosante.pl.
4. When lodging a complaint, the Buyer should provide their contact details (name, email address, and phone number), as well as a detailed description of the identified problem and their request.
5. The complaint will be reviewed by the Seller within 14 days from the date of its receipt from the Buyer. The Buyer will be notified of the complaint’s resolution via email.
6. If the Buyer is a consumer, any disputes arising from the regulations or sales agreements may be resolved through mediation (more information available here: https://uokik.gov.pl/wazne_adresy.php#faq595) or via the ODR online platform. In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we provide the electronic link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

VI. PERSONAL DATA PROTECTION

1. According to Article 13(1) and (2) of the General Data Protection Regulation (GDPR) dated April 27, 2016, we inform you that:
2. The controller of your personal data (as a Buyer) is the Seller (Sante sp. z o.o.) with its registered office in Warsaw (03-301), ul. Jagiellońska 55A, registered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Economic Division, under the registration number KRS 0000950564, tax identification number (NIP): 5241006610, statistical number (REGON): 010827252).
3. The Seller has appointed a Data Protection Officer, whom you can contact electronically at: iod@sante.pl.
4. The personal data of the Buyer will be processed for the purpose of fulfilling the subject matter of the contract, based on Article 6(1)(b) of the GDPR.
5. The recipients of the Buyer’s personal data will be the partners and employees of the Seller within the scope of their official duties based on authorization.
6. The Buyer’s personal data will not be transferred to a third country/organization.
7. The Buyer’s personal data will be stored until the end of the cooperation.
8. The Buyer has the right to access their personal data, as well as the right to rectify, erase, restrict the processing, the right to data portability, the right to object, and the right to withdraw consent.
9. The Buyer has the right to lodge a complaint with the supervisory authority, the Office for Personal Data Protection, if they believe that the processing of their personal data violates the provisions of the General Data Protection Regulation of April 27, 2016.
   Providing personal data by the Buyer is voluntary but necessary for the fulfillment of the subject of the agreement.

 

VII. FINAL PROVISION

1. The terms of the sales agreement are determined by this Regulations, applicable laws, and individual agreements between the Seller and the Buyer.
2. In matters not regulated by this Regulations, the provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.
3. The competent court for resolving any disputes that may arise from the performance of the provisions of this Regulations is the court having jurisdiction over the consumer’s place of residence. In the case where the Buyer is not a consumer, the competent court will be determined in accordance with the provisions of the Code of Civil Procedure.
4. The Seller is entitled to introduce changes to the Regulations with effect for the future. The changes may not infringe upon the rights of the Buyer arising from Orders placed prior to the introduction of the changes.
5. Direct contact between the Buyer and the Seller is possible via the contact form on the Store’s website or by telephone using the number provided in the email received after placing the Order.
6. If you have any questions, concerns, opinions, or feedback, please contact us via email at sklep@studiosante.pl or by phone at +48 609 109 245.

 

ATTACHMENT NR 1 – TEMPLATE WITHDRAWAL FROM THE CONTRACT

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