Rules

of the www.twojadobranocka.pl website

Chapter I

INITIAL PROVISIONS

§ 1

Service Provider

The Service Provider is Agnieszka Piotrowska DobraNocka, conducting business activity in Warsaw (04-847) at ul. Zagięta 15, registered in the Central Business Activity Register and Information Record, with Tax Identification Number (NIP) 9570529239 and National Business Registry Number (REGON) 140069747.
Any matters concerning the order, including any website functionality issues may be reported by the Service Recipient to Ms Agnieszka Piotrowska by email to: info@twojadobranocka.pl .

§ 2

Definitions

Any references to the following terms in these Rules shall mean respectively:

Service Provider – Agnieszka Piotrowska DobraNocka;
Rules – applicable Rules of the www.twojadobranocka.pl website and any attachments thereto;
Service Recipient – a natural person, a legal person or an organisational unit without legal personality indicated on the invoice and/or in the Contract of Mandate. A Consumer is also considered to be a Service Recipient if it meets the conditions set out in para. 2 point 4 of the Rules;
Consumer – a natural person who has concluded a Service purchase Agreement with the Service Provider that is not related directly to the business or professional activity of that natural person;
Agreement – the service agreement concluded between the Service Recipient and the Service Provider;
Order – a statement of intent by the Service Recipient to use the Service Provider’s Services, communicated to the Service Provider verbally during a telephone call or in writing by email;
Proof of Purchase – an invoice, a receipt or a transfer confirmation, or a legible copy thereof;
Consumer Rights Act – the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended);
Website – the website located in the www.twojadobranocka.pl domain and its subdomains. Services offered within the Website include in particular:
- giving Service Recipients the possibility to browse and read materials (texts, photos, drawings, data, etc.) uploaded to the Website and made available by the Service Provider for free or against payment.
- access to resources is provided through logically separated web pages with a clearly determined internet address (further: “Browsing”);
- support for families in education regarding proper habits, hygiene and safe sleep in children aged 0-6, through preparing, sending by email and discussing on mobile phone or SKYPE connection: the Sleep Learning Plan or Outline as digital contents that are not recorded on a material carrier and are the fulfilment of the service that may commence with the Consumer’s express consent before the lapse of the time-limit for withdrawal from the Agreement and upon the Service Provider notifying the Consumer about the loss of the right to withdraw from the Agreement;
- the possibility of free or paid use of webinar training courses made available to Service Recipients by the Service Provider via the Website, according to the rules specified in the Rules (further “Training Courses”).

§ 3

Scope of use

These Rules constitute the rules for the electronic provision of services within the meaning of the Act on the Electronic Provision of Services of 18 July 2002 (i.e. Journal of Laws 2013, item 1422) and regulate the provision of services via the Website.
The Service Recipient is obliged to comply with the provisions of the Rules from the moment it begins to use the Website.
To the extent not regulated by the Rules, the provisions of the Civil Code and other laws shall apply.

§ 4

Technical requirements

The use of the Website requires:

A device with access to the internet, along with a properly configured internet browser, e.g.: Microsoft Internet Explorer 8 or higher, Mozilla Firefox 4 or higher, Safari 4.0 or higher;
An active email account.

§ 5

Access

Access to certain services, or to certain parts of services, of the Website can be conditional upon:
- ordering the service (for free or against payment)
- making an advance payment (in the case of certain paid services)
- giving consents referred to in the Rules
- logging in.
The scope of these services is determined on the pages of the Website.
Each service is ordered through telesales or by email in accordance with the Rules.
Logging in is required in any case other than browsing materials publicly available on the Website.
Access to any service that requires logging in is possible from the moment when the Service Provider sends a login and a password to the Service Recipient’s email address.
The Service Provider has the right to refuse to activate the service if the data submitted by the Service Recipient are incorrect or incomplete.

Chapter II

ORDER

§ 6

Telesales

Statements made during the telephone call initiating telesales are aimed at encouraging the Service Recipient to conclude an Agreement.
After the call, and with the Service Recipient’s consent, the Service Provider sends the content of the proposed Agreement to the Service Recipient’s email address, containing:
- information about the product,
- rules of co-operation,
- the Service Recipient’s statements provided for in the Rules, the submission of which is a pre-requisite for establishing co-operation between the Service Provider and the Service Recipient.
Sending back a scan of the Agreement signed by the Service Recipient to the address indicated in § 1 point 2 of the Rules shall mean the conclusion of the Agreement.
The Service Provider must send back the Agreement in digital form – as a scan of the Agreement signed by the Service Provider, as a PDF file with an attached e-signature verified by a qualified certificate.

§ 7

Payment

The Service Recipient is obliged to make payment for any paid service within the time-limit indicated in the Agreement.
Payment must be made pursuant to the Agreement, to the bank account indicated in the Agreement.
The Service Provider shall issue an invoice for each payment.

Chapter III

RULES OF USING TRAINING COURSES

7¹

Rules of gaining access to Training Courses

Training Courses are available to Service Recipients who submitted an order for participation in a Training Course by email or via the order form at www.twojadobranocka.pl (if available), and in the case of paid Training Courses, made a prepayment to the bank account indicated by the Service Provider.
In order to use a Training Course, the Service Recipient (further the “Participant”) must state correct personal data on the order and gain the status of a participant by completing the registration, which consists in submitting the order and making a prepayment in the case of paid Training Courses.
In order to gain access to the Training Course, the Participant must log in and state the password submitted by the Service Provider upon successful accomplishment of the registration process. It is deemed that logging on to the Website by the Participant with the use of the password submitted by the Service Provider means the conclusion of an agreement for the use of a Training Course, according to the conditions set out in the Rules.
The Participant bears the costs of internet connections established between its computer workstation and the Website, and – in the case of paid Training Courses – also the cost of participation in the Training Course.
In order for the Participant to take part in a training course, the hardware and software used by the Participant must meet the following conditions: at least 1.4 GHz Intel® Pentium® 4 or a similar processing unit is required for Microsoft® Windows® XP and Windows 7. At least 2 GHz Pentium 4 or a similar processing unit is required for Windows Vista® Windows XP, Windows Vista, Windows 7 and Windows 8 (32-bit/64-bit version with a 32-bit browser). For Windows XP and Windows 7, 512 MB RAM is required (1 GB is recommended). For Windows Vista and Windows 8, 1 GB RAM is required (2 GB is recommended). Apart from that, Microsoft Internet Explorer 8 (in order to enter the room) or 9 (in order to use the customer panel) (also 32-bit version); Mozilla Firefox 3 or higher and Google Chrome are required. Adobe® Flash® Player 11.3 is also required. Ports 1935, 443 and 80 must be open.

§ 7²

Rules of using Training Courses

By posting his/her opinions and comments via the Website, each participant of a Training Course consents to the publication of their contents by the Service Provider on the Website.
Each participant publishing contents of any kind in the Website must hold copyright to the contents, or obtain the author’s prior written consent to their publication and/or dissemination of their image.
The dissemination of contents violating the law, good customs or any third party personal rights is prohibited. Each Participant who violates the above prohibition shall have the limited possibility of using the account in the Website, and contents published by him/her shall be deleted.
Any Participant who asks substantive questions to the Service Provider by email or via chat gives consent to the publication of their contents by the Service Provider on the Website, and to marking these contents with the Participant’s full name.
The Service Provider bears no responsibility for the contents of opinions posted by Participants on forums and chats, and reserves the right to delete such contents.
The Service Provider does not guarantee flawless and uninterrupted access to a Training Course and, in particular, the Service Provider does not guarantee that information submitted by means of data transmission shall reach the Participant in an undisturbed, complete and full form, and without delays. In such cases, the Participant has the right to submit a complaint according to the procedure set out in § 10 of the Rules.
Recording, photographing and filming Training Courses is prohibited.

Chapter IV

TERMINATION, NOTICE, WITHDRAWAL, WARRANTY AND GUARANTEE

§ 8

Termination and notice

An Agreement for a paid service may be terminated upon mutual arrangement between the parties.
In the case referred to in § 8 point 1, the Service Recipient is obliged to make payment for any service fulfilled until the termination of the Agreement. In order to express his/her intention to terminate the Agreement, it is necessary to send an email to the address indicated in § 1 point 2 of the Rules with a request to resign from the Service.

§ 9

Withdrawal from the Agreement

The provisions of this paragraph apply only to agreements where the Service Recipient is a natural person concluding an agreement that is not related directly to its business or professional activity (the Consumer).
The Consumer may withdraw from the Agreement without cause within 14 days.
The time-limit for withdrawal from the Agreement begins to run from the day of concluding the Agreement.
The Consumer may withdraw from the Agreement by sending the Service Provider an unequivocal statement of withdrawal from the Agreement. For this purpose, the Consumer may use the statement form enclosed as Appendix 1 to these Rules. The statement must be sent to the address indicated in § 1 point 2 of the Rules. In order to comply with the time-limit, it is enough to send the statement before it lapses.
In the case of withdrawal from the Agreement, it shall be deemed not to have been concluded. Therefore, along with withdrawal from the Agreement, the Service Recipient is obliged to return all products/services received.
The Service Provider shall immediately reimburse to the Consumer all payments made by the Consumer, not later than within 14 days from the date of receiving the Consumer’s statement. However, the Service Provider may refrain from reimbursing payments received from the Service Recipient until the Service Recipient sends back, or submits a proof of sending back (depending on which events come earlier), the things referred to in § 9 point 5 of the Rules.
Irrespective of exercising the right to withdraw, after withdrawing from the Agreement, the Service Recipient is obliged to make payment for any service fulfilled until this moment. The amount of payment shall be calculated proportionally to the scope of the fulfilled service, in consideration of the price or remuneration agreed upon in the Agreement. However, if the Service Provider performed the service in full, the right of withdrawal shall not apply.
The Service Provider shall reimburse the payment using the same means of payment that was used by the Service Recipient, unless the Service Recipient expressly indicated another method of reimbursement when withdrawing from the Agreement.

§ 10

Complaints

The Service Provider bears liability towards the Service Recipient if a sold thing or service contains a physical or legal defect (warranty). The rules of this liability, including the type of claims to which the buyer is entitled (removal of defect, replacement of a thing, decrease of price, withdrawal from the Agreement) and the time during which such claims may be made, result from the applicable law – see particularly Articles 556-576 of the Civil Code of 23 April 1964 (unified text: Journal of Laws 2014, item 121 as amended).
For the purpose of submitting a complaint, the Service Recipient must send by traditional mail to the address indicated in § 1 point 1 of the Rules, or by email to the address indicated in § 1 point 2 of the Rules, a statement containing the kind of request and data that may be used by the Service Provider to contact the Service Recipient (at least the first name, surname and address for correspondence). For the purpose of accelerating the complaint procedure, we recommend attaching the proof of purchase to the parcel with goods to which the complaint refers.
The Service Provider may ask the Service Recipient to supplement any missing items in the complaint. The Service Provider is obliged to comply with the complaint request within 14 days from the day of its reporting.

§ 11

Guarantee

Due to its nature, the Website is not generally covered by a guarantee. If, however, a guarantee is granted in connection with the provision of a service, the guarantor’s obligations and the buyer’s rights relating to the guarantee shall be determined in a separate guarantee document delivered to the Service Recipient.
The Service Recipient may, at his/her discretion, comply with the guarantee procedure described in the guarantee document, or comply with the complaint procedure described in § 10 of the Rules.

Chapter V

§ 12

Personal data

The Service Provider determines the Service Recipient’s personal data that must be reported for the purpose of concluding the Service Agreement or gaining access to a Training Course. The submission of personal data is voluntary. A refusal to submit personal data may prevent the Service Provider from performing the Services.
The Service Provider may process, among other things, the following personal data:
- the Service Recipient’s full name,
- Tax Identification Number (NIP),
- residential or temporary address,
- address for correspondence, if other than the residential or temporary address,
- email address,
- phone number,
- date of birth,
- data contained in the Training Registration Form,
- data contained in the Dobra Nocka Baby Sleep Solutions Questionnaire – on the basis of a separate consent.
The Controller of personal data is Agnieszka Piotrowska DobraNocka, conducting business activity at ul. Zagięta 15, 04-847 Warsaw.
The personal data collected by the Controller are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), known as the GDPR, and the Personal Data Protection Act.
The Service Recipient’s personal data shall be processed pursuant to Article 6(1) (a)-(c) and (f) of the GDPR for the purpose of presenting the offer, the conclusion of the service agreement by the Service Recipient with regard to the services offered by the Controller and the performance of this Agreement, as well as for the purpose of fulfilling legal obligations binding upon the Controller, determining, defending and seeking claims and financial settlements, including issuing accounting documents.
Personal health data collected and processed for the purpose of assessing the possibility of concluding the Agreement and performing the Agreement, including, e.g. drawing up and implementing the Sleep Learning Plan, shall be processed on the basis of express consent in accordance with Article 9(2)(1) of the GDPR.
The Controller is entitled to transfer the Service Recipient’s personal data to third parties (further called Subcontractors) for the purpose and to the extent necessary for the due and proper performance of the Agreement concluded between the Service Recipient and the Controller. Therefore, the Service Recipient’s personal data may be transferred to Subcontractors pursuant to the data processing entrusting agreement concluded between the Controller and Subcontractors. In addition, the Controller is obliged to transfer personal data on the basis of strictly applicable legal provisions, also at the request of authorised courts, bodies and institutions.
The Service Recipient’s personal data shall not be transferred outside of the European Economic Area or to international organisations.
The Service Recipient’s personal data acquired for the purpose of concluding the Agreement shall be stored for the period of negotiating the Agreement or, if the Agreement is not concluded, until the end of the calendar month following the month in which the last contact with the Controller took place.
If the Agreement is concluded, personal data shall be stored for the period of its validity, and afterwards until the lapse of the claims limitation period in respect of the Agreement concluded by the Service Recipient.
Personal data recorded in the accounting documentation shall be stored for the period indicated in applicable legal provisions, including tax laws.

§ 13

Rights of data subjects

With regard to the processing of personal data by the Controller, the Service Recipient has the following rights:

The Service Recipient may withdraw his/her consent at any time without cause. The request may refer to the aim of processing indicated by the Service Recipient, i.e., the withdrawal of consent to the receipt of trade information, but it may also refer to all the aims of processing. The withdrawal of consent shall not affect any activities carried out until then.
The Service Recipient may request that his/her data be deleted at any time without cause. The request to delete data shall not affect any activities carried out until then. The deletion of data means that the Service Recipient’s data shall no longer be processed by the Service Provider.
The Service Recipient may object to the processing of its data both as a whole and for any purposes it indicates. Such an objection shall not affect any activities carried out until then. The submission of an objection shall result in the deletion of data, which means that the data shall no longer be processed the Service Provider.
The Service Recipient may ask the Service Provider to restrict the processing of his/her personal data for a specific time or to a specific extent. This request shall not affect any activities carried out until then.
The Service Recipient may request the Service Provider at any time to amend or rectify his/her personal data by sending an email to the Service Provider’s email address stated on the website.
The Service Recipient is authorised to request the Service Provider to provide information about the scope of processing of his/her personal data.
The Service Provider is obliged to provide information about any activities undertaken by it not later than within one month from the receipt of each request.

§ 14

In order to ensure maximum user comfort while using the Website (storing preferences and settings on our pages, and collecting anonymous data for advertising and statistical purposes), the Website uses cookies.
The Service Recipient may change the cookies settings in his/her internet browser on his/her own.
In order to use the website, the Service Recipient must have a device with access to the internet and a properly configured web browser, e.g., Google Chrome, Mozilla Firefox, Microsoft Internet Explorer.
The user may delete already stored cookies from his/her end device through the relevant functions of the browser, or other software or applications intended for this purpose. The methods of deleting cookies in various browsers can be found, e.g. at:

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en
Mozilla Firefox: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored,
Microsoft Internet Explorer: https://support.microsoft.com/en-gb/help/278835/how-to-delete-cookie-files-in-internet-explorer,

Chapter VI

OTHER PROVISIONS

§ 15

The use of texts, drawings, photos, applications, training materials, databases and other elements contained in the Website or transferred to the Service Recipient as a result of the performance of the Agreement (further “Works”) does not mean that the user has acquired any rights concerning intangible goods to Works and databases contained in the Website. The Service Provider reserves full personal copyright and the author’s economic rights to such Works and databases. In particular, the following activities are prohibited:
- copying, modifying and transmitting electronically or in any other way the Website or its parts, as well as particular Works and databases made available on its pages or submitted by the Service Provider as a result of performance of the Agreement, particularly for commercial purposes,
- dissemination (including dissemination for information purposes in the press, on the radio and television and in such a way that everyone has access to materials in any time and place of their choosing) of articles, reportages, interviews and other Works on any topics, including current ones, published on the Website or submitted by the Service Provider as a result of performance of the Agreement,
- downloading the content of databases and its secondary use as a whole or to an important extent in terms of quality or quantity.
Service Recipients may use the Website and Works and databases only within the scope of permitted access determined by the provisions of Act on Copyright and Related Rights and the Database Protection Act, though such use must not go beyond the normal use of the Work or the database or harm the legitimate interests of the Service Provider or entities whose Works or databases are made available on the Website on the basis of co-operation with the Service Provider.
Any use of the Works and databases made available in the Website, or submitted by the Service Provider as a result of performance of the Agreement, without the Service Provider’s prior express written consent is prohibited, and any violation of rights of the Service Provider (or entities whose Works or databases are made available in the Website on the basis of co-operation with the Service Provider) to protected Works and databases shall result in liability stipulated in civil and criminal law.

§ 16

Reservations

All information and advice given by the Service Provider is only educational and must not replace professional medical advice. In the case of any questions or doubts concerning a child’s health, contact a doctor or any other qualified health care provider.
The Service Provider makes every effort to ensure that advice and information presented during consultation is as exhaustive, reliable and up-to-date as possible; however, the Service Provider does not guarantee its effectiveness. In particular, the Service Provider bears no liability for any damage or injuries that may result from the use of advice and information obtained during consultations or that may arise in connection with the content of the Website, irrespective of the direct or indirect reason for the occurrence of these damages.
The Service Provider reserves the right to a maintenance break in the functioning of the Website for a limited period of time in the case of planned current servicing and maintenance of the server and software of the Service. The Service Recipient shall be notified about the time and duration of the break in a message posted on the Website.
The Service Provider reserves the right to post advertising contents on the Website in forms commonly used on the internet.

§ 17

Amendment of the Rules

The Service Provider is entitled to amend the Rules from time to time, subject to the retention of rights of Service Recipients that paid a fee for the provision of paid services by the Service Provider.
Amendments shall be valid from the date when they are published on the Website.
The Rules come into force as of 1 March 2015.

§ 18

Additional information

The Service Recipient is not obliged to submit security deposits or give any other financial guarantees.
The Service Recipient must not submit unlawful contents.
The Service Provider does not provide aftersales services..
The Service Provider does not ensure the possibility of use of non-court methods of handling complaints and seeking claims by Service Recipients.
The Service Provider is not bound by the code of good practices referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007.
The place of fulfilment of the service is the Service Provider’s place of business.

Appendix: TEMPLATE FOR WITHDRAWAL FROM THE AGREEMENT
(this form must be filled in and returned only in the case of an intention to withdraw from the Agreement)

Addressee [name of the company, full mailing address and, if available, fax number and email address]
I/We(*) hereby announce my/our(*) withdrawal from the agreement for the sale of the following things(*) the agreement for delivery of the following items(*) the job order agreement consisting in the performance of the following things(*)/for the provision of the following service(*)
Date of concluding the agreement(*)/receipt(*)
Full name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is submitted in paper version)
Date

(*) Delete as appropriate.