office@annabathory.pl
tel. / WhatsApp: +48 501 19 20 48
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office@annabathory.pl
tel. / WhatsApp: +48 501 19 20 48
umów wizytę
make an appointment
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Terms and conditions 

INTRODUCTION

  1. The owner of the practice is Anna Báthory, operating as a sole proprietorship under the business name ANNA BÁTHORY PSYCHOTERAPIA SZKOLENIA COACHING, registered in the Central Register and Information of Economic Activity of Poland (CEIDG), under Tax Identification Number (NIP): 6782551489, with its principal place of business at Jozefa Sarego Street No. 12, Unit 14 31-047 Cracow (ul. Józefa Sarego, nr 12, lok. 14, 31-047 Kraków), Poland, email: office@annabathory.pl, phone: + 48 501 19 20 48.

DEFINITION

  1. Consumer – a natural person who performs a legal act with Anna Báthory that is not directly related to their business or professional activities.
  2. Newsletter – a type of service provided electronically, under which a contract is concluded in exchange for personal data. The detailed rules for the provision of the Newsletter service are set out in the Newsletter Terms and Conditions. 
  3. Reviews – all subjective statements or parts thereof published by Anna Báthory in accordance with the Reviews Policy.
  4. Reviews Policy – a document or a subpage of the website that set out the rules for verifying Reviews, available at https://annabathory.pl/reviews-policy/?lang=en
  5. Privacy Notice – a document or a subpage of the website that set out the rules for the processing of personal data, available at https://annabathory.pl/privacy-policy/?lang=en. 
  6. Practice Policy (Counseling Agreement) – a document or a dedicated subpage of the website setting out the terms and conditions of services provided by Anna Báthory, available at [https://annabathory.pl/practice-policy-counseling-agreement/?lang=en]. 
  7. Entrepreneur – a natural person, a legal person, or an organizational unit that is not a legal person but is granted legal capacity by specific provisions of Polish law, conducting business or professional activity in their own name.
  8. Entrepreneur with consumer rights – a natural person entering into a contract directly related to their business activity, where the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by that person, as disclosed pursuant to the provisions on the Central Register and Information on Business Activity (CEIDG); a natural person referred to in Article 7aa of the Polish Consumer Rights Act.
  9. Terms and Conditions – this document.
  10. Website – the website available at https://annabathory.pl/ and its subpages.
  11. Information society services – a service provided electronically by Anna Báthory via the Website. A service within the meaning of Article 2(4) of the Polish Act on the Provision of Electronic Services.
  12. Visitor – any natural person who visits the website and uses electronic services.

The terms defined in this Section are provided solely for convenience and ease of reference. These terms may be used in the singular or plural form and may be capitalized or not, without affecting their meaning.

GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

  1. The Terms and Conditions define the scope and type of services provided by Anna Báthory and the rules governing use of the Website. 
  2. For the purposes of the Terms and Conditions, the following contact details are provided:
    • Registered business address: Jozefa Sarego Street No. 12, Unit 14 31-047 Cracow (ul. Józefa Sarego, nr 12, lok. 14, 31-047 Kraków), Poland;
    • Email: office@annabathory.pl;
    • Telephone number: + 48 501 19 20 48.
  3. The information provided on the Website does not constitute an offer within the meaning of applicable civil law and shall be construed solely as an invitation to enter into an agreement. 
  4. Before using the Website, Anna Báthory makes the Terms and Conditions available to the Visitor free of charge at the very bottom of the Website. The Terms and Conditions may be recorded at any time by downloading, or printing it.
  5. The Visitor may not use the Website, including electronic services, under a pseudonym or with incorrect personal data.
  6. The Visitor is obliged to use the Website in accordance with the Terms and Conditions, applicable laws, and principles of good conduct, with due regard for personal and intellectual property rights, and in a manner that does not disrupt the Website’s operation.
  7. When using the Website, the Visitor is prohibited from providing or transmitting unlawful content, in particular by distributing content prohibited by law, including via forms available on the Website, or content that in any way infringes intellectual property rights.
  8. The Website is informational in nature and presents the services of Anna Báthory and provides educational materials, in particular in the section labeled ‘Blog’. 
  9. Materials and information published on the Website in the Blog section are prepared with due care, are for informational purposes only, and reflect solely the personal views of the author of the text. However, due to the nature of the services provided, Anna Báthory does not assume liability for the accuracy, completeness, or substantive correctness of the information contained on the Website. In particular, Anna Báthory shall not be liable for any damage resulting from the use or failure to use the information provided on the Website, nor for any errors or omissions. All information published in the Blog section is current as of the date of publication, unless stated otherwise.
  10. The Visitor is entitled to use the Website solely for personal use. In particular, the data and any other materials contained on the Website may not be used by the Visitor for the purpose of conducting any commercial activity.

TECHNICAL REQUIREMENTS

  1. The Visitor may use the functionalities available on the Website in accordance with the Terms and Conditions and applicable laws, and in a manner that does not disrupt the functioning of the Website or the activities of other Visitors. 
  2. Use of the Website is possible provided that the Visitor meets the following minimum technical requirements:
    • Possession of a device enabling access to the Internet, equipped with a functioning operating system, such as macOS, Android, or Windows;
    • Installation of a current version of an Internet browser supporting HTML5 and providing access to Internet resources, such as Mozilla Firefox, Google Chrome, Safari, or another compatible Internet browser that supports cookies, on the above-mentioned device;
    • In certain situations, also having an active email account is also helpful.
  3. To ensure security on the Website, Anna Báthory applies technical, organizational, and legal measures appropriate to the level of security risk, in particular measures intended to prevent unauthorized access to, acquisition of, or modification of personal data transmitted over the Internet by unauthorized persons. Anna Báthory ensures the security of data transmission on the Website by using the TLS protocol.

INFORMATION SOCIETY SERVICES

  1. Anna Báthory provides information society services via the Website. The Terms and Conditions set out the rules and conditions for concluding agreements for the provision of information society services, except for the Newsletter service, which is governed separately by the Newsletter Terms and Conditions.
  2. An agreement for the provision of an information society service is concluded under the terms set out in these Terms and Conditions, for an indefinite period, in the case of:
    • access to the Website – ​​at the moment, the Visitor either loads the Website in the browser window of the Visitor’s device or uses a redirection to the Website;
    • use of the Website’s functionalities – at the moment the Visitor uses a given service.
  3. Under the terms set out in these Terms and Conditions, an agreement for the provision of an information society service is terminated in the case of:
    • access to the Website – at the moment the Visitor leaves the Website; 
    • use of the Website’s functionalities – at the moment the Visitor ceases to use a given functionality or leaves the Website.
  4. Use of information society services is free of charge and voluntary, but necessary to browse the Website.
  5. Information society services are one-time in nature and terminate upon use of the service or upon earlier cessation of use of the Website.
  6. The Visitor may terminate any agreement for the provision of information society services at any time, without stating reasons, with immediate effect.
  7. The Visitor has the right to submit a complaint regarding the website’s operation. Complaints should be submitted to the following email address: office@annabathory.pl. 
  8. It is recommended that the complaint description include information and circumstances related to the subject of the complaint, particularly the type and date of the irregularity, the requested action, and the contact details of the person submitting the complaint. Providing this information is optional but necessary for effective consideration of the complaint.
  9. All complaints are handled without undue delay, no later than 14 days from the date of receipt. The complainant will receive a response by email sent to the email address from which the complaint was submitted.
  10. Use of information society services involves transmitting data over the Internet, which is subject to risks inherent in this network.

SERVICES

  1. The Services offered on the Website are addressed exclusively to adults.
  2. All Services are provided personally by Anna Báthory.
  3. Anna Báthory provides specialized services, including psychological consultations, psychotherapy, and sexological consultations.
  4. Anna Báthory does not provide psychological services or therapy for couples, marriages, families, children, or persons with disabilities.
  5. All services are provided in accordance with the Psychologists’ Code of Ethics adopted by the Polish Psychologists’ Association. 
  6. When providing services, Anna Báthory is bound by professional confidentiality to the extent required by applicable law. Release from professional confidentiality is permitted solely in cases expressly provided for by law. 
  7. The rules governing the provision of services are set out in the Practice Policy (Counseling Agreement)

LIABILITY TOWARDS ENTREPRENEURS

  1. Agreements concluded with entrepreneurs shall be governed by the provisions of the Polish Civil Code.
  2. To the fullest extent permitted by law, Anna Báthory excludes her liability of any kind, including, in particular:
    • liability under statutory warranty (‘rękojmia’); 
    • liability for lost profits.
  3. A client who is an entrepreneur may submit complaints regarding the service or the purchasing process itself.
  4. Complaints should be submitted to:
    • Registered business address: Jozefa Sarego Street No. 12, Unit 14 31-047 Cracow (ul. Józefa Sarego, nr 12, lok. 14, 31-047 Kraków), Poland;
    • Email: office@annabathory.pl.
  5. The complaint should include data sufficient to identify the client, the subject matter of the complaint, and the claims asserted therein.

ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER COMPLAINTS AND CLAIMS 

  1. A Consumer has the following options:
    • to apply to a permanent consumer arbitration court to resolve a dispute arising from a concluded agreement;
    • to apply to the Inspector of the Polish Trade Inspection to initiate mediation proceedings to amicably settle a dispute between the Consumer and Anna Báthory;
    • to seek assistance from a district (municipal) consumer ombudsman or a consumer protection organization whose statutory tasks include consumer protection, such as the Polish Consumer Federation or the Polish Consumers’ Association.
  2. Detailed information on the possibility for Consumers to use alternative dispute methods for handling complaints and pursuing claims, as well as the rules for access to these procedures, is available at the offices and on the websites of district consumer ombudsmen, consumer protection organizations, Provincial Inspectorates of the Polish Trade Inspection, and on the website of the Office of Competition and Consumer Protection in Poland – here. 

PERSONAL DATA

Detailed information regarding the processing of personal data is available on Anna Báthory’s website at https://annabathory.pl/polityka-prywatnosci/. 

MODIFICATION OF THE TERMS AND CONDITIONS

  1. The Terms and Conditions become effective as of the date they are made available at the Website.
  2. All agreements are concluded in Polish and are governed by Polish substantive and procedural law. The English version of the Terms and Conditions is provided for informational purposes only.
  3. All rights to the Website, including intellectual property rights to its name, Internet domain, Website content, as well as to any templates, forms, logos, and photographs published on the Website, belong to Anna Báthory or are used by her under a license or other legal authorization entitling her to use them.
  4. Anny Báthory may unilaterally amend the Terms and Conditions with respect to provisions not individually agreed with the client, provided there are justified reasons for the amendment. Justified reasons shall include, in particular:
    • changes in generally applicable laws in force within the territory of the Republic of Poland;
    • the emergence of court or administrative case law;
    • the issuance of decisions by public administrative authorities;
    • any changes to the website functionalities, including the addition of the new functionalities or modification of existing ones. 

GOVERNING LAW AND JURISDICTION 

  1. Any and all claims relating to the Terms and Conditions between:
    • Anna Báthory and a client who is a consumer or an entrepreneur entitled to consumer protection rights shall be subject to the jurisdiction of the court competent under the applicable provisions of the Polish Code of Civil Procedure; 
    • Anna Báthory and a client who is an entrepreneur shall be submitted to the court having jurisdiction over Anna Báthory’s place of residence. 
  2. For the avoidance of doubt, nothing in the Terms and Conditions shall limit or exclude any rights of a consumer or an entrepreneur afforded consumer protection under the laws in force in the Republic of Poland. In the event that any provision of the Terms and Conditions is found to have such an effect, the mandatory provisions of applicable law shall prevail.
  3. If any provision of the Terms and Conditions is held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions unless the parties would not have entered into the agreement without that provision, and it is not possible to amend or supplement the Terms and Conditions in a manner that most closely reflects the parties’ original intent.
  4. In matters not governed by the Terms and Conditions, the applicable provisions of Polish law shall apply.

PROVISION APPLICABLE TO CLIENTS RESIDING OUTSIDE OF POLAND 

  1. To the extent that a consumer enters into an agreement with Anna Báthory and has a habitual residence within the European Union, the consumer shall be entitled to the mandatory rights afforded under the laws of the consumer’s country of residence, which cannot be excluded by agreement, pursuant to the law that would be applicable in the absence of a choice of law, based on the consumer’s habitual residence.
  2. To the extent that a consumer enters into an agreement with Anna Báthory and does not have their habitual residence within the European Union, Anna Báthory declares that Polish law shall apply as the governing law, provided that such choice of law shall not exclude the application of mandatory provisions of the consumer’s habitual residence law, to the extent that such provisions afford a higher level of protection.
  3. The choice of Polish law as the governing law, as set forth in Sections 12.1 and 12.2, shall not deprive the consumer of the protection afforded by provisions that cannot be excluded by agreement under the law that would apply in the absence of such choice, to the extent that the Terms and Conditions and the provisions of Polish law provide a lower level of consumer protection than the mandatory provisions of the law of the consumer’s habitual residence.
  4. To the extent that an agreement is concluded with a client who does not have their habitual residence within the territory of the Republic of Poland, any and all claims relating to the Terms and Conditions with such agreements shall be resolved in the courts located in the court of the Republic of Poland with subject-matter and territorial jurisdiction, unless the mandatory provisions of the law of the consumer’s habitual residence or mandatory conflict-of-laws rules that cannot be excluded by agreement provide otherwise.
  5. Sections 12.1-12.4 shall apply accordingly to entities which, similarly to the Republic of Poland, are granted the status of an entrepreneur entitled to consumer protection rights, that is, entities to which, pursuant to the laws of their habitual residence, certain provisions governing consumer rights apply to the extent that such provisions cannot be excluded by agreement.
  6. To the fullest extent permitted by law, Sections 12.1–12.5 shall not apply to an entrepreneur. 
  7. To the fullest extent permitted by law, in the event of any and all claims relating to the Terms and Conditions, the prevailing party shall be entitled to recover from the non-prevailing party, and the non-prevailing party shall be obligated to pay, all reasonable attorneys’ fees, court costs, and expenses incurred in connection with the prevailing party’s legal representation.
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