Store Regulations

1. introduction

1.1 These Regulations set out the rules of operation and terms of use of the website www.barbaradomon.eu, and the conditions of sale of digital products available on the site.

1.2 Privacy Policy is an integral part of the Terms and Conditions. These Terms and Conditions may also be supplemented by terms and conditions of sale of specific products, including, in particular, provisions for special promotions, guarantees or other special conditions.

1.3 Only a natural person with full legal capacity may become a User, including a legal person, an organizational unit without legal personality, to which the law grants legal capacity, or a natural person with full legal capacity, or a group of these persons conducting business together in the form of a civil partnership.

2 Definitions

The terms used in these Regulations shall mean:

2.1 Administrator- owner and administrator of the Website, BD hair &fit, Jupiterstraat 35, 3204BE Spijkenisse, Netherlands (the Netherlands), EU VAT: NL003184075B11 ,

2.2 Service – an online service, mediating between the Administrator Users in transactions of sale of Products. The Internet address of the Service is www.barbaradomon.eu together with its subdomains and dedicated product pages.

2.3 User – a natural person, legal person or organizational unit without legal personality, to which the law grants legal capacity, purchasing a Product through the Service.

2.4 Materials – one or more computer files containing video recordings or other files that are an essential component of the Product.

2.5 Additional Materials – one or more computer files that are in addition to the Product.

2.6 Product – a paid service of access to certain Materials and Additional Materials in the form of computer files, provided via the Internet by the Administrator to the User, through the Service.

2.7 Free Product – a Product that is made available free of charge via the Internet by the Administrator to the User, through the Service.

2.8 Provision of services by electronic means – the performance of a service, which is carried out by sending and receiving data by means of data communications systems, at the individual request of the User, without the simultaneous presence of the parties, while the data are transmitted via public networks within the meaning of the Telecommunications Law.

2.9 Payment by electronic means – a payment method selected by the User, including payment card or online banking transfer, which allows the User to make payments electronically to the Administrator.

2.10 Payment System Operator – an entity selected by the Administrator that provides services related to the provision, maintenance and processing of credit card, payment card or wire transfer payments through online banking.

2.11 Means of electronic communication – technical solutions, including data communication devices, allowing individual communication at a distance using data transmission between data communication systems, in particular, electronic mail.

2.12 Cookie – a text file in which information is saved by the Service server on the hard drive of the computer used by the User. The information stored in the cookie file can be read by the Service server when you reconnect from that computer, but it can also be read by other servers or other Internet users.

2.13 Password – means a sequence of letter, digital or other characters selected by the User during Registration on the Site or assigned by the Service Provider, used to secure access to the Account.

2.14 User Account – means an individual set of resources and permissions for each User, activated in his favor by the Service Provider, after registration.

3 General provisions

3.1 Any Internet User may freely browse the contents of the Service. In order to use the Website, standard devices and software that allow browsing the World Wide Web are required, as well as having an email box.

3.2 Materials posted on the Website, including graphic elements, layout and composition of these elements (so-called layout), trademarks, photos and other information, available on the websites are the subject of the Administrator’s exclusive rights. The indicated elements are the subject of author’s property rights, industrial property rights, including trademark registration rights and database rights, and as such enjoy statutory legal protection. It is not permitted to use these resources in any other way than provided for in these Regulations.

3.3 Users may use the Service only in compliance with applicable laws and regulations.

3.4 The Administrator reserves the right to refuse to provide services, delete data or liquidate an order in case a non-consumer User violates the law or the provisions of these Regulations.

4 Registration

4.1 Use of the Products is possible after prior registration by the User. Registration is voluntary and free of charge. During the Registration, the User must accept the content of the Regulations and Privacy Policy. Failure to agree to their content prevents the Administrator from providing the service.

4.2 Provision of the Services begins when the User properly completes the registration form, located on the Website, creates an Account and accepts the Regulations and Privacy Policy.

4.3 Users are obliged to maintain the secrecy of information ensuring the secure use of their account on the Website, including not disclosing their login and password to others and choosing appropriate passwords that are difficult to break. Any action taken using a login with a password correctly assigned to it shall be considered as an action of the User.

5 User Account

5.1 The Administrator, upon receipt of a properly completed registration form, will create a unique Account for the User within the Service assigned to the email address selected by the User.

5.2 By providing an email address within the Service, the User declares that the email address does not violate the rights of third parties. The User is solely responsible for the choice of email address, and any disputes in this regard shall be resolved without the participation of the Administrator.

5.3 The Administrator may refuse to create an Account with a specific email address, and delete the created one at any time, if the email address is used within the Service or if the Administrator obtains reasonable, credible information that it is against the law, morality, violates personal rights of third parties or the legitimate interests of the Administrator. The Administrator will inform the User of the refusal to create an Account within 24 hours of making a decision on this matter.

5.4 The User accesses the Account by means of a unique identifier which is the email address and Password. The User shall be obliged not to disclose the Password together with the email address to any third party and shall be solely responsible for damages caused by their disclosure.

6 Product License

6.1 Through the Service, Users have the opportunity to purchase Products.

6.2 By purchasing a Product, the User is granted a non-exclusive, time-limited license to use the selected Product.

6.3 The license is granted for the time period indicated in the Product description. The sale of the Product may be limited in time as specified in the Service.

6.4 The User has no right to sublicense.

6.5 Each order is confirmed by an email sent to the email address provided by the User.

6.6 The Product will be made available to the User by means of teletransmission through the Internet connection, so that the User can use it on his/her account. Upon receipt of confirmation of payment, an email is sent to the User, containing information on obtaining access to view the purchased Products.

6.7 You access the Products by logging into your account on the Site.

7 Payments

7.1 The User shall pay for the Product through the Payment System Operator.

7.2 Payments through the Payment System Operator may be made only by persons authorized to use the instrument on the basis of which the payment is made, in particular, a given payment card may be used only by its authorized holder.

7.3 The Administrator provides a transaction form provided by the Payment System Operator. Data from the form is automatically transmitted to the Payment System Operator, the Administrator does not have access to it.

7.4 In order to make a payment, the User shall confirm the payment on the websites of the relevant Payment System Operator in accordance with the rules set by such Payment System Operator. If you make any changes to the payment form provided on these websites and automatically completed by the Payment System, the payment may not be processed.

7.5 All electronic payments are made in accordance with the applicable regulations of the Payment System Operator and the law, and the Administrator is not responsible for their accuracy.

7.6 The Administrator reserves the right to refuse to process payments made by the User, in particular in case of doubts about the legality of the transaction for which the payment is made or the legality of the payment itself. The Administrator may refuse to process payments for the above reasons. The Payment System Operator, as well as its partners, carry out qualification of the financial credibility of persons intending to make payments using a payment card and may, therefore, differentiate the rules of payment processing or condition some terms of service depending on the qualification of the User to a given risk group.

7.7 The Administrator shall not be liable for delays in the transfer of payments or authorization responses, caused by reasons arising after the User submits the payment instruction, as well as for failure to execute and delay in the transfer of funds due or verification of data, in particular caused by the User providing incorrect or incomplete data that prevent the execution of payment transactions, as well as for delays resulting from other events beyond the control of the Service Provider or Payment System Operator.

7.8 All prices quoted on the Website, are gross prices, that is, they include VAT (value added tax) in accordance with relevant regulations. VAT invoices are issued at the request of the User. In this case, it is necessary to provide the invoice data in accordance with the relevant form. The Administrator may, at the request of the User, reverse charge VAT (reverse charge). In such case, the User is obliged to inform the Administrator about this fact before purchasing the Product and provide his/her EU VAT number in the order process.

8 Rules for the use of purchased Products

8.1 All Products made available through the Service, whether paid or free of charge, are subject to the protection provided for in the Law of February 4, 1994 on Copyright and Related Rights.

8.2 Purchased Products may be permanently marked as coming from a User who made a purchase on the Site or received a free Product. The Product markings do not disclose the User’s personal data, and serve only to identify the origin of the Product in case of violation of the rules of Product use set forth in these Terms and Conditions and the law. Thus, each User purchasing a Product from the Service agrees to such marking and undertakes not to take any action to change or deprive a given Product of this marking.

8.3 The User may pay for the Product by one-time payment, prepayment or periodic installment payments. The terms and conditions of prepayment and installment payment are specified in the offer posted on the Site.

8.4 If the User chooses prepayment and installment payments, the Remuneration due shall be collected by the Administrator on the specified day of each month.

8.5 The price of the Product is a payment for the entire digital services and digital content provided. Sales cannot be divided into segments or modules. The User receives access to all training resources immediately after placing an order for the Product, so in the case of installment payments, the obligation to pay the Remuneration does not cease in the event that the User ceases to use the Product for reasons beyond the Administrator’s control.

8.6 Making a payment constitutes a payment service within the meaning of the Payment Services Act of August 19, 2011, which consists of acceptance by the relevant bank or Payment System Operator. The aforementioned entities provide the User with a payment instrument that allows the User to make withdrawals of funds held in a given payment account to the Administrator’s bank account. The Administrator does not provide any payment services to the User.

8.7 In the case of choosing prepayment and installment payment, if the Administrator fails to realize the collection of funds constituting payment for the Product for reasons attributable to the User, the Administrator is entitled to block the User’s access to the Product until the payment is made. In this case, the User shall immediately pay the installment by another form of payment. Failure to make payment of the rest of the price or any of the installments shall not constitute grounds for termination of the contract by the User.

8.8 The User may use the purchased Products for his/her own use and in accordance with their intended purpose, i.e. play in the electronic devices provided within the Service for the purpose of reading the content of the work.

8.9 The User has no right to reproduce, copy and use the Product (in whole or in parts). It is forbidden to change the electronic structure of the Product or to modify it in any other way (e.g. remove security features or markings). It is also prohibited to distribute the Product, make it available or reproduce it to the public.

8.10 The User is obligated to ensure that no unauthorized persons use the Products in a manner contrary to the law or these Terms and Conditions. If such situations are detected, the Administrator may direct claims on this account against the User, known to the Administrator, for violation of the rights to a particular copy of the Product. This provision does not apply to consumers.

8.11 The results and revenues demonstrated in the courses and trainings prepared by the Administrator are aspirational statements of possible results. The success of the Service’s courses and trainings, testimonials and other examples are unique results that are not typical of the average person and are not a guarantee that you or others will achieve the same results. Individual results may vary, and your results depend on your individual abilities, work ethic, business skills and experience, level of motivation, diligence in applying courses, the economy, normal and unforeseen business activities, and other factors.

8.12 In order to achieve the correct effects assumed in the User by the Administrator, it is necessary to actively use the Products, including, in particular, the performance of assigned tasks, including independent exercises, active participation in the conducted interactive classes and independent work in the manner indicated by the Administrator.

9 Complaints

9.1 Please send all disruptions in the functioning of the Service, comments and suggestions under the Service, complaints and claims by e-mail to hello@barbaradomon.eu. The Administrator shall consider complaints within 14 working days from the receipt of the complaint, but this period may be extended if the complaint requires a longer time to be considered. The Administrator will inform the User about the resolution of the reported complaint by means of an e-mail sent to the address indicated by the User during registration.

9.2 The complaint should include the User’s designation (name, surname – so that the Administrator could identify the person filing the complaint) and a description of the objections to the way the service was provided.

9.3 After a complaint is accepted by the Administrator, the User agrees to immediately remove all copies of the Product in his possession to which the complaint relates.

9.4 The User does not have the right to withdraw from a contract concluded off-premises or at a distance in accordance with Article 38 (13) of the Law on Consumer Rights, since the subject of the contract is the provision of digital content that is not recorded on a tangible medium, and the performance began with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Administrator has informed him of the loss of the right to withdraw from the contract.

10 Amendments to the regulations

10.1 This document is subject to change. The Administrator will inform about the changes to the Terms and Conditions and about the effective dates of the changes on its websites. Consumers will be informed individually to e-mail addresses. If the User who is a consumer does not agree to the change of the Terms and Conditions, he/she has the right to terminate the contract within 14 days from the date of obtaining information about the change. The User’s use of the Website after this date is tantamount to acceptance of the new content of the Regulations.

11 Exclusion of liability

11.1 The Administrator shall not be liable to the User for any loss or damage incurred by the User in connection with the use of the Website, adherence to the information presented on the Website or contained in the Products under any circumstances, as well as for the consequences of decisions made on this basis. This provision does not apply to consumers.

11.2 The Administrator does not guarantee that information sent via the Internet will reach the User in an error-free, complete and full form. This provision does not apply to consumers.

11.3 The Administrator-if the malfunction is caused by circumstances beyond the Administrator’s control, which could not be prevented despite exercising due diligence-is not liable for damages caused by the malfunction of the transmission system, including equipment failures, delays and disruptions in the transmission of information, interference by third parties or acts of God.

11.4 The Administrator reserves the right – after prior notice to the User who is a consumer – to temporarily restrict access to the Service (in whole or in part), in order to improve it, for maintenance or if security or other reasons beyond the Administrator’s control require it.

12 Final provisions

12.1 The Regulations shall be governed by the laws of the Republic of Poland.

12.2 All changes to Product orders and Terms and Conditions must be in writing to be valid.

12.3 In the event that any provision of the Terms and Conditions is found to be invalid, ineffective or unenforceable, the validity, effectiveness and enforceability of the remaining provisions of the Terms and Conditions shall not be affected in any way.

12.4 The Administrator reserves the right to transfer or assign all or part of its rights and obligations arising from these Terms and Conditions, with the proviso that if the contract is concluded with a Consumer, the transfer requires his consent. If this right is exercised, the User will be informed of the aforementioned fact by a notice. The User who is a Consumer has the right to terminate the contract within 14 days from the date of obtaining information about the change with the effect specified above.