Terms and Conditions - Neuro-Reflex

TERMS AND CONDITIONS OF THE ONLINE STORE AND THE PROVISION OF OTHER SERVICES BY ELECTRONIC MEANS

(“REGULATIONS”)

effective from: 01.06.2021

I. DEFINITIONS

The terms used in these Regulations have the following meanings:
1. Neuro-Reflex – Sandra Kliś-Örün running an unregistered business on the basis of the polish law under the name Neuro-Reflex, ul. Pawia 51 lok. 73 01-030 Warsaw, providing Services available via the Website to the extent and on the terms described in these Regulations;
2. Website – website administered by Neuro-Reflex, available at www.neuro-reflex.com, through which Neuro-Reflex provides Services electronically;
3. Privacy Policy – a document describing the processing of personal data by Neuro-Reflex as the administrator, available at: [www.neuro-reflex.com];
4. Client – a natural person with full legal capacity, a legal person or an entity without legal personality, but having legal capacity, using the Services provided electronically on the terms described in these Regulations;
5. Store – an online store run by Neuro-Reflex at: [www.neuro-reflex.com];
6. Account – an individual Customer account in the Store created by completing and sending to Neuro-Reflex the Registration Form, enabling the submission of Orders, editing personal data, viewing the history of Orders placed by the Customer and access to Digital Content;
7. Registration Form – a form available in the Store, enabling the creation of an Account;
8. Login – entering an individual identifier (login) and password allowing access to the content of the Account;
9. Order Form – a form available in the Store, both via the Account and outside of it (without Logging in) that allows you to place an Order, in particular by adding Products to the Cart;
10. Cart – an element of the Store, in which the Products selected by the Customer are visible, and it is also possible to determine and modify the Order data;
11. Order – Customer’s declaration of will submitted via the Order Form, aimed directly at concluding a Product sales contract or booking a service provided by Neuro-Reflex;
12. Product – Digital Content available in the Store or movable items being the subject of the sales contract between the Customer and Neuro-Reflex or services provided by Neuro-Reflex, which are booked by the Customer via the Store;
13. Digital Content – products available in the current offer of the Store in electronic formats, including in particular e-Books (works saved in digital format, available for download by the Customer) and webinars (saved in the form of a video or audio recording, downloadable by the Customer or provided in the form of a link to the website, sent to the Customer via e-mail);
14. Contact Form – a service consisting in enabling the Customer to send a message to Neuro-Reflex via the dialog box available on the Website at the following address: ul. Pawia 51 lok. 73 01-030 Warsaw;
15. Communicator – a service allowing the Client to send messages to Neuro-Reflex via the messenger available on the Website;
16. Comment – a service consisting in enabling the Customer to leave an opinion about the Product in the Store;
17. Service – each service provided by Neuro-Reflex electronically via the Website and other selected systems or programs;
18. UŚUDE – the polish Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344;

II. GENERAL PROVISIONS

These Regulations define the type and scope of the Services provided by Neuro-Reflex, the conditions for the provision of these Services via the Website, the conditions for concluding and terminating contracts for the provision of Services and the complaint procedure, and thus constitutes the document referred to in Art. 8 sec. 1 point 1 ATS.
Neuro-Reflex provides the following services electronically via the Website:
1. reading the content published on the Website;
2. setting up and running an Account;
3. running the cart;
4. placing Orders in the Store;
5. enabling the use of the Messenger;
6. providing the Contact Form;
7. enabling the publication of Comments.
Contact with Neuro-Reflex is possible:
1. in writing to the following address: ul. Pawia 51 lok. 73 01-030 Warsaw;
2. via e-mail at the following e-mail address: contact@neuro-reflex.com;
3. via Messenger, WhatsApp or direct messages on Instagram and TikTok (@neuro_reflex).
These Regulations are available free of charge via the Website that enables the acquisition, reproduction and recording of the content of the Regulations using the IT system used by the Customer.
The Regulations constitute a model of a distance contract. The content of the Regulations in the case of using the Services indicated in the Regulations is the content of the contract for the provision of electronic services concluded between the parties.
When using the Services, it is forbidden for the Customer to provide illegal content.
Before using the Services, the Customer is obliged to read the Regulations and accept its provisions by filling and sending back the personal questionnaire before using the Services.

III. TECHNICAL REQUIREMENTS

To use the Services, it is necessary to:
1. the Customer’s possession of a device with Internet access (computer, tablet, telephone), webcam and the current version of the web browser that supports cookies – e.g. Microsoft Edge, Opera, Mozilla Firefox, Google Chrome, Safari,
2. an active e-mail account (e-mail),
3. enabled cookies.
The costs of ensuring the above technical conditions necessary to use the Services shall be borne by the Customer.
Additionally, for the safety of using the Services, it is recommended that the Customer’s device additionally has:
1. an up-to-date antivirus system,
2. an effective firewall,
3. installed operating system and web browser updates related to security,
4. an activated function of accepting cookies and Java Script in the web browser.
In order to properly use the Digital Content in the form of e-books, it is necessary for the Customer’s device to have additional software that allows – depending on the specificity of the Digital Content – to read files in the .PDF, .EPUB, .MOBI, .docs, .xls format.
Neuro-Reflex shall not be liable for the Customer’s failure to meet the above technical requirements necessary to use individual Services.
Neuro-Reflex, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Services, caused by force majeure, unlawful actions of third parties or incompatibility of the Services with the Customer’s technical infrastructure.
Neuro-Reflex takes the utmost care to ensure that the Services provided are at the highest level, however, it does not exclude the possibility of temporarily suspending the availability of the Services in the event of the need for maintenance, inspection or in connection with the need to modernize or expand the Website. Neuro-Reflex will make every effort to ensure that scheduled technical breaks related to the maintenance of software, telecommunications equipment and servers used by Neuro-Reflex for the needs of the Website are planned at night, if possible. Neuro-Reflex will inform customers in advance about the date and expected duration of the break, as far as technically possible.

IV. MAINTENANCE OF THE CART

This service consists in the possibility for the Customer to keep the Products that interested him in the cart free of charge.
The contract for the provision of this Service is concluded when the Customer adds Products to the Cart, and is terminated when the Customer removes the Products from the Cart.
Termination of the Agreement does not require any additional statements either on the part of Neuro-reflex or on the part of the Client.
The Service may be used by any Client, without the need to create an Account and Log in.

V. OPENING AND MAINTENANCE OF AN ACCOUNT

This service includes the possibility for the Customer to set up an Account and use its functionalities free of charge. Through the Account, the Customer may independently correct his personal data indicated in the Registration Form or later when using the Account, place Orders, and have access to the history of his Orders.
The contract for the provision of this service is concluded upon the creation of the Account by providing the required personal data in the Registration Form, ie: name, surname, login and password, accepting the required statements and confirming the creation of the Account by the Customer. After the Customer completes and confirms the correctness of personal data in the Registration Form, she/he/they will send an e-mail to the e-mail address contact@neuro-reflex.com containing a request for the Customer to confirm the creation of the Account.
An account may only be assigned to one Customer. The Customer may only have one Account.
Logging in to the Account is possible after the Customer provides an individual identifier (login) and password. If the password is lost or forgotten, the Customer has the option of reminding the password. The password may also be changed independently by the Customer via the Account, after logging in.
The Client may not share his login and password to the Account with other people.
The Account maintenance agreement is concluded for an indefinite period. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to Neuro-Reflex through one of the communication channels indicated in point. II.3. The account will be deleted by Neuro-Reflex immediately, not later than within 14 days from the request made by the Customer.

VI. CONDUCT AND PARTICIPATION IN THERAPY

The conduct of the therapy and the rules of the client’s participation in the therapy are specified in the procedure below:

E-Therapy Procedure:

Questionnaire is sent to client via e-mail.
Questionnaire is received back from client via e-mail.
A pre-therapy online meeting lasting for 50 minutes takes place with the client. During this online meeting, the client’s questionnaire responses will be reviewed and his/her health concerns will be discussed. If the client accepts, the first online therapy session is booked. *This meeting is payable in the amount of the regular therapy price and needs to be paid before pre-therapy will take place. *A pre-therapy online meeting does not include rehabilitation trainings and strength trainings.
The Neuro-Reflex Expert prepares a personal therapy guide for the client before the first online therapy session.
First online therapy session with guided therapy procedure lasting for 50 minutes takes place. *The payment for each online therapy must be made before latest 1 day before the begin of the therapy.
Next online therapy is then arranged for the following week.

Remark: Individual therapy lasts 50min. Each online therapy takes place with a camera on both sides so that the Expert and the client can see each other.

All online therapies/trainings we perform take place via Zoom, GoogleMeet or Skype which allows us to see and hear the client.

For the first week of all Neuro-Reflexology therapies except rehabilitation/strength trainings we recommend two E-Therapies to absorb individual stimulations and show the first results.

The information collected is strictly confidential and used only for the therapy purposes.

DISCLAIMER:

PLEASE READ THIS DISCLAIMER CAREFULLY.

I, Sandra Kliś-Örün, do not accept any responsibility for the accuracy of any information or the consequence arising from using my website Neuro-Reflex.com or services provided in my online therapies. The material provided on the website and advices suggested during my online therapies are for the purposes of information only and shall not be considered as a professional medical advice, a means of diagnosis or treatment, nor is it intended to be a substitute thereof. They are based on my own research, knowledge and opinions. Detailed descriptions and explanations, for the clients, are given to help them obtain a better understanding of the services being offered.
Reflexology is not a cure for any disease nor for any illness. Its use is intended to help promote balance and harmony within the body through relaxation and stimulation increases of blood circulation. The therapies, services and products provided by Neuro-Reflex.com DO NOT claim to cure or to diagnose any medical conditions nor are they intended to treat, cure or diagnose any medical conditions. All our therapies do not promise to cure any disease or illness.
If you have a health problem, medical emergency, or a general health question, Neuro-Reflex.com always recommend that you are obliged to consult your doctor. It is against the advice of Neuro-Reflex to discontinue any medical treatment or advice currently being administered by qualified Medical Practitioners.
First, do not self-diagnose. Second, if you think you are suffering from a medical condition, you should consult your Doctor immediately. If you suspect a medical condition exists you are obliged to seek medical advice prior to booking any of my treatments or services.
During each online therapy I guide my clients how to apply a therapy protocol step by step, advise them the best solutions to improve their health conditions and feel better. I teach you a reflex stimulations that will alleviate pain, suffering, or an unpleasant condition, act preventively or help you feel better. Each person is different, each body is different, therefore I don’t guarantee that the client’s ailments will disappear thanks to the therapy.
I am not responsible for any injury, loss or damage to anyone attending my sessions, nor responsible to any person’s property damage, as a result of my online therapies or services, negligence or otherwise, no claims or endorsements for any therapies or services recommended by me, are given by you. All information and therapies are used at the individuals discretion and risk.

You must agree to these Terms and Conditions of Use and Abide by the Disclaimer to Use this Site and attend all E-Therapies. The materials contained at www.neuro-reflex.com website are protected by applicable copyright.

VIII. PLACING ORDERS IN THE STORE AND SHIPPING ORDERS

The prices given in the Store are expressed in Euro (EUR) and are gross prices.
Neuro-Reflex issues invoices without VAT.
Neuro-Reflex undertakes to deliver Products free from physical and legal defects.
The customer is obliged to use the Products offered by Neuro-Reflex in a manner consistent with the provisions in force in the territory of the Republic of Poland, in accordance with the regulations of European law and in accordance with the provisions of the Regulations.
Viewing the Products available in the Store does not require an Account.
Placing an Order in the Store is possible both after creating an Account and without creating an Account, after providing the necessary identification, contact and address data enabling the Order to be processed.
In the course of using the Store via the Account, in particular when placing an Order, the Customer may be asked to provide additional data, not included in the Registration Form, necessary to complete the Order or to issue a VAT invoice.
As soon as the Customer confirms the creation of an Account, he/she/they acquires the right to use the Store’s functionalities provided by Neuro-reflex, in particular to purchase Products currently available in the Store. At the same time, a contract for the use of the Store is concluded between Neuro-Reflex and the Customer.
In order to place an Order:
1. log into the Store (optional);
2. select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. fill in the Order Form,
5. click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the e-mail,
6. choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period.
Neuro-reflex provides the Customer with the following payment methods in the Store:
1. electronic payments via PayPal;
2. payment card, i.e. Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro;
3. Bank transfer.
In the event of withdrawal from the contract, the reimbursement is made using the same channel with which the payment was made, unless the Customer has agreed to another form of reimbursement, which does not involve any additional costs for him.
If the Customer has expressed a desire to receive an invoice, it is delivered electronically, together with confirmation of the Order, to the e-mail address provided by the Customer when placing the Order.
Information on delivery costs is provided at the time of determining the details of the order and depends on the type and quantity of products and the choice of the Seller who is to deliver the Product to the Buyer.
Neuro-reflex carries out the delivery of goods via Neuro-reflex. Shipment is carried out on behalf of the Buyer. The buyer gives the seller’s power of attorney to conclude a contract with DHL, FEDEX or a courier company on his behalf.
Upon collecting the delivered parcel, the Customer is obliged to check its technical and physical condition. In the event of damage to the parcel, it is recommended to draw up a damage report in the presence of the courier and notify Neuro-Reflex about it. The damage report is helpful in carrying out the complaint procedure, and its absence may make it difficult for the Customer to pursue possible claims and determine the person responsible for the damage. Complaints regarding damage caused during the shipment submitted by a Customer who is not a Consumer will not be considered without an attached damage report.
If the Customer has asked for an invoice, it will be delivered to the Customer by e-mail to the e-mail address provided in the order or attached to the shipment. The customer may request an invoice immediately with the order or for three months following the month in which he made the purchase.
The implementation of an order covering physical products consists in completing the ordered products (if available in the store) or making them in accordance with the order placed (and at the time agreed between Neuro-reflex and the Customer), and then packing them for delivery to the Customer and sending them shipments to the customer in accordance with the form of delivery chosen by him.
The order is considered completed at the moment of sending the shipment to the Customer (entrusting the shipment to the carrier involved in the transport).
The order fulfillment time depends on the product and is individually agreed with the customer. The ordered products should be delivered to the customer within 30 days, unless a longer period has been clearly marked by Neuro-Reflex in the product description. In such a situation, by placing an order, the Customer agrees to a longer order fulfillment period resulting from the product description.
If the Customer has ordered products with different delivery times indicated, the binding date for Neuro-Reflex to complete the entire order is the longest among all products included in the order, the Seller may propose splitting the order into several independent shipments in order to speed up the implementation time with regard to parts of the products.

IX. THE RIGHT TO WITHDRAW FROM THE CONTRACT

A customer who is a consumer within the meaning of Art. 221 of the polish Civil Code (a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity) or a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it does not have a professional nature for him, resulting from in particular, from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity, has the right to withdraw from the sales contract or service reservation contract within 14 days, without giving any reason.
The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Customer.
To meet the deadline for withdrawing from the contract, it is enough to send a statement of withdrawal to Neuro-Reflex, before its expiry, to the e-mail address: contact@neuro-reflex.com.
If the Customer sends a declaration of withdrawal from the contract by traditional mail (mail, courier), for the 14-day withdrawal period, the date of sending the correspondence is counted.
The customer may use the model withdrawal form attached to these Regulations, but it is not obligatory.
In the event of withdrawal from the contract, the contract is considered void.
The right to withdraw from a distance contract is not entitled to the Customer in relation to the contract:
1. for the provision of services, if Neuro-Reflex has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service that after the performance of the service by Neuro-Reflex, he will lose the right to withdraw from the contract,
2. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the customer before the deadline to withdraw from the contract and after informing him by Neuro-Reflex about the loss of the right to withdraw from the contract.

X. ENABLING THE USE OF THE COMMUNICATOR

This service may be used free of charge by a Customer who has an active Account and has logged in / each Customer, without the need to have an Account.
This service enables the Client to communicate directly with Neuro-Reflex.
The contract for the provision of this Service is concluded between Neuro-Reflex and the Client upon commencement of using the Messenger and shall be terminated upon deletion of the Account. The Contract for the provision of this Service is valid for the period of using the Messenger by the Client.

XI. CONTACT FORM

This service is available to any customer without the need for an Account.
In order to use the Service, the Customer should provide correct, current and marked by Neuro-Reflex as required personal data, via a dedicated dialog box (form) at the address: www.neuro-reflex.com.
The service is free of charge, and the contract for the provision of this Service is concluded each time the Customer sends a message to Neuro-Reflex via a dedicated form.
The contract for the provision of the Service is terminated upon its performance (sending a message) and does not require additional statements either on the part of Neuro-Reflex or on the part of the Customer.

XII. COMMENTS

This service may be used free of charge by a Customer who has an active Account and has logged in / each Customer, without the need to have an Account.
This service allows the Customer to post an opinion about the Product.
The contract for the provision of this Service is concluded between Neuro-Reflex and the Customer along with the posting of the Comment and is terminated upon deletion of the Account. / The contract for the provision of this Service is valid for the period of using the form for posting Comments by the Customer.

XIII. COMPLAINTS

The Customer has the right to submit a complaint regarding the Product. There is no refund for our services (include single therapies/trainings as well as all packages).
The customer may submit a complaint to Neuro-Reflex using the following communication channels:
1. by e-mail – to the following address: contact@neuro-reflex.com;
2. in writing – to the following address:. ul. Pawia 51 lok. 73 01-030 Warsaw.
The complaint should contain at least the name, surname and e-mail address of the Customer or correspondence address to which Neuro-Reflex is to respond to the complaint, company name in the case of a Customer who is an entrepreneur, order number, Product description and a description of the objections raised along with the request Customer related to the submitted complaint.
Neuro-Reflex reserves the right to leave without consideration complaints that do not meet the conditions set out in paragraph. 3, in particular when the information provided does not allow the Customer to be identified or contacted in order to resolve the complaint.
Neuro-Reflex considers submitted complaints within 14 days from the date of receipt of all information necessary for its consideration. In particularly complicated cases, making it impossible to consider the complaint within 14 days, Neuro-Reflex reserves the right to extend the deadline for considering the complaint to 30 days. In this case, Neuro-Reflex will inform the Customer about the extension of the deadline for considering his complaint before the expiry of the 14-day period, stating the reason for the delay.

XIV. DISPUTE SETTELEMENT

In the event of disputes involving a Customer who is a consumer, it is possible to use out-of-court complaint and redress methods as well as settle disputes, i.e .:
1. In order to resolve a dispute amicably, the consumer may, for example, submit a complaint via the ODR online platform (European Online Dispute Resolution platform);
2. the consumer has the right to use out-of-court dispute resolution, in particular by submitting a request to initiate mediation or an application for consideration of the case by an arbitration court after the end of the complaint procedure.

XV. PROCESSING OF PERSONAL DATA

The administrator of Customers’ personal data is Neuro-Reflex.
Detailed information on the processing of Customers’ personal data can be found in the Privacy Policy.
In connection with the use of online payments via PayPal, in connection with the payment, this entity becomes a separate administrator of the Customer’s personal data.

XVI. COPYRIGHT

Digital Content is works within the meaning of the polish Act of February 4, 1994 on Copyright and Related Rights and is subject to protection provided for in this legal act.
Neuro-Reflex is entitled to economic copyrights to the Digital Content, and moral copyrights to the authors.
Exclusive rights to the content made available as part of the Store, in particular copyrights to photos, names, trademarks of the Store and its Products, including graphic elements, software and database rights are legally protected and are vested in Neuro-Reflex or third parties with whom Neuro-Reflex has concluded appropriate agreements.
It is forbidden to copy, as well as other forms of using, any elements of the Store without the consent of Neuro-Reflex.
The Customer may use the purchased Digital Content only for her/his/their own needs.
In particular, the Customer is not allowed to:
1. Remove security features and markings on Digital Content.
2. Reproduce or distribute Digital Content, both in printed and electronic form.
3. Share Digital Content with others, both in print and electronically.
4. Rent and lend Digital Content, both in printed and electronic form.
5. Interfere with the content and content of the Digital Content.

XVII. FINAL PROVISIONS

Neuro-Reflex reserves the right to make changes to the Regulations for important reasons, in particular changes to the law, changes in payment methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. Neuro-Reflex will inform the customer about each change at least 7 days in advance.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the polish: Civil Code, AEU, the Act on consumer rights, the Act on the protection of personal data.

Appendix 1

INFORMATION ON THE EXERCISE OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT

You have the right to withdraw from the contract within 14 days without giving any reason. The deadline to withdraw from the contract will expire after 14 days from the date of conclusion of the contract. To exercise the right to withdraw from the contract, you must inform Neuro-Reflex, e-mail: contact@neuro-reflex.com, about your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by traditional mail or e-mail).

You can use the model withdrawal form, which is provided below, but it is not obligatory. In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract. In the event of withdrawal from the contract, all payments received from you, if any, will be returned to you immediately, and in any case not later than 14 days from the date of receipt of the notification of your decision to exercise the right to withdraw from this contract. Refunds, if any, will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise. You will not incur any fees related to this return.

Model withdrawal form:

Recipient:

I [NAME AND SURNAME] on behalf of my own / company [company name] hereby inform about the withdrawal from the contract [please describe the subject of the contract]. The contract date is [contract date]. [NAME AND SURNAME] [ADDRESS] [DATE] [SIGNATURE] (only if the form is sent in paper version)

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