Terms and conditions of use of the services of the Yaowares Salon

I. General Provisions.

These Regulations for the performance of treatments at the Yaowares Salon, hereinafter referred to as the “Regulations,” define the rules for using the services of the Yaowares Salon, hereinafter referred to as the “Salon” or “Yaowares Salon,” including the general terms and conditions of the agreement under which the Client receives a service in the form of a massage, treatment, or purchases goods, the rights and obligations of the Parties to such a transaction, as well as the rules of liability of the Parties.
The owner of the Yaowares Salon is FHU JOKER with its registered office in Zakopane 34-500, ul. Tatary 44a.
Clients of the Salon are obliged to familiarize themselves with the Regulations before proceeding with any service, hereinafter referred to as the “Service.” The Regulations form an integral part of the agreement with the Client.
Proceeding with the Service is equivalent to accepting the provisions of the Regulations. Every Client is obliged to strictly adhere to its provisions from the moment of commencing the Service.
These Regulations are not regulations for the provision of services by electronic means within the meaning of the Act on the Provision of Services by Electronic Means (Journal of Laws of 2024, item 1513) and apply only to services provided in stationary salons.
All persons present on the premises of the Salon are obliged to comply with these Regulations and submit to the instructions of the Yaowares Salon staff.
Services provided at the Yaowares Salon are relaxing and cosmetic in nature and serve to improve physical condition, but they do not substitute for medical advice and treatments.
The Yaowares Salon is not responsible for damages resulting from the client withholding information about their health condition and contraindications to the treatments.
An up-to-date price list of the services provided, available on the Yaowares Salon’s website and in each of the Salons, is attached to these Regulations.
The duration of each service is specified and is counted from the moment of entering the designated room until the moment of leaving.

II. Client Obligations.

The purchase of a service from the Yaowares Salon’s offer is equivalent to the Client declaring that they have no health contraindications to use the services offered by the Yaowares Salon and that they have read and accept the terms of these regulations.
Contraindications for performing the Service:
- cancer (unless with written consent from a doctor),
- infections, fever, inflammation,
- heart diseases,
- hypertension (if not controlled), thrombosis or other circulatory problems,
- osteoporosis,
- recent injuries, fractures, wounds,
- skin diseases, contact allergies or allergy to cosmetics used, advanced pregnancy,
- other health problems that may constitute a contraindication.
The Client is obliged to immediately inform the person performing the treatment about any discomfort or malaise during the Services.
The Yaowares Salon reserves the right to refuse to perform the service if there is a reasonable suspicion that the Client’s health condition may constitute a contraindication.
The Client is responsible for personal belongings and valuables left at the Yaowares Salon.
Any complaints or comments related to the services of the Yaowares Salon should be reported immediately after the service is performed or no later than within 7 days from the date of the service by email to the address: help@yaowares.pl. Complaints are considered within up to 14 business days.

III. Reservations.

The Client is obliged to book the date for the service provision. A reservation can be made in person at the salon, by phone, or via the booksy application.
A reservation is considered binding only when confirmed by a Yaowares Salon employee or confirmed in the booksy application.
The Client is obliged to cancel or change the date of the service provision no later than 24 hours before the reserved time.
In order to ensure high-quality services, the Client is obliged to arrive for the reserved treatment 5 minutes before the scheduled appointment. The duration of the treatment includes 60, 90, or 120 minutes, counted from the moment of entering the room where the treatment takes place.
In case of the Client’s delay for the scheduled treatment, the Yaowares Salon reserves the right to shorten the service duration by the delay time, and in case of a delay exceeding 15 minutes, to cancel the reservation.

IV. Offer and Payments.

The current offer is available at the reception desk and on the Yaowares Salon’s website.
Payment for services can be made by cash or gift card (voucher).
The Client is obliged to pay for the service before it begins, unless otherwise agreed.

V. Sale and Redemption of Gift Cards/Vouchers.

In exchange for the equivalent of monetary funds, the Yaowares Salon issues a gift card/voucher authorizing the realization of a massage at the designated Yaowares Salon where it was purchased.
The gift card entitles the holder to use a specific treatment, the name and time of which are entered on the gift card in accordance with the current offer of the Yaowares Salon.
The gift card does not entitle the holder to purchase cosmetics or other products available at the Yaowares Salon.
Gift cards can be purchased in person at the Yaowares Salon.
The gift card – voucher is not exchangeable for monetary funds.
The gift card is a form of payment for services agreed upon by the parties.
The Yaowares Salon is not responsible for the damage, theft, or loss of the gift card – voucher.
The Buyer and the holder of the gift card are not entitled to any claims against the Yaowares Salon in the event of loss, including theft or destruction, of the gift card.
The gift card is valid until the date specified on the gift card or, in the absence of a date on the voucher, the validity of the voucher is set for 1 year from the date of purchase.
The Yaowares Salon does not provide for the extension of the validity period of the gift card – voucher.
In case of non-use of the gift card, the Buyer or the holder is not entitled to a refund of monetary funds.
The gift card can be used for another treatment from the offer, of the same or lower value.
Persons redeeming the gift card are treated under the identical rules as other clients of the Yaowares Salon.
To redeem the gift card, prior reservation of the visit date is required at the Yaowares Salon where the voucher was purchased, along with providing the gift card – voucher number.
The Yaowares Salon guarantees the possibility of redeeming the gift card during the working hours of the given Yaowares Salon within the available appointment slots in the salon’s schedule.
Cancellation of a scheduled appointment related to the redemption of a gift card must occur no later than 24 hours before its date by phone, electronically, or in person. In case of a double failure to cancel the reservation by phone or in person 24 hours before the scheduled appointment, the voucher is considered redeemed.
The holder of the gift card/voucher is not entitled to change in a situation where the value of the services is lower than the value of the gift card.
The Yaowares Salon has the right to refuse to perform the service if:
1. the expiry date of the gift card – voucher has passed,
2. damage to the gift card prevents its reading,
3. there are health contraindications on the part of the gift card holder for the treatment,
4. the client has not presented the physical card to the receptionist.
The following information is placed on the gift card:
1. name of the treatment
2. name and surname of the recipient – optional
3. validity date – optional
4. contact information enabling the scheduling of an appointment for the redemption of the gift card at the salon where it was purchased.
All complaints related to the redemption of gift cards will be considered by the Yaowares Salon after submitting a written complaint to the email address: help@yaowares.pl or at the given Yaowares Salon.
The basis for accepting a complaint is the gift card – voucher.
The Buyer or holder of the gift card/voucher, upon receiving the gift card, declares that they have read the content of the Regulations, accept its content in its entirety, and undertake to comply with its provisions.

VI. Promotions.

To take advantage of a promotion available at a given Yaowares Salon, you must invoke it before the service is performed.
Promotions cannot be combined with other promotions.
The Loyal Customer Pass is issued in paper form at each of the Yaowares Salons and is used to collect stamps for each completed massage service in that salon. After collecting 9 stamps, the client can choose 1 hour of free massage. The choice is 1 hour of traditional Thai massage or 1 hour of oil massage.
One stamp is recorded for one massage regardless of its duration.
Communications regarding local promotions include discounts on massages and/or voucher sales, provided they are valid only in the premises listed in the promotional information.
Promotions are directed to all our clients and are generally available on our communication channels, i.e., FB, Instagram, TikTok, and the website (optional).
The Seller has the right to organize contests and promotions, the terms and rules of which will be provided on our communication channels each time.
The Seller may periodically organize promotions that offer price reductions on products or other benefits for clients.
Detailed information regarding the terms of the promotion, including its duration, are published on the communication channels each time.
In the absence of information about the promotion’s duration, it is assumed that the promotion lasts until revoked by the Seller.

VII. Final Provisions.

The Yaowares Salon reserves the right to change the regulations, and any changes take effect on the date of their publication on the website and in the Yaowares Salons.
In matters not regulated by these regulations, the provisions of Polish law shall apply, in particular the Civil Code.
Any disputes arising from the use of the services of the Yaowares Salons will be settled by the competent court.
Regulations valid from January 1, 2017.

VIII. Out-of-court Dispute Resolution Methods.

A Client who is a consumer has the following exemplary options for using out-of-court methods of handling complaints and pursuing claims:

The Client is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded sales agreement;
The Client is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2024, item with amendments), with a request to initiate mediation proceedings in the matter of out-of-court dispute resolution between the Client and the Seller;
The Client can obtain free assistance in resolving the dispute from the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers)
The Client can submit a complaint via the ODR internet platform: http://ec.europa.eu/consumers/odr/. The ODR platform also provides a source of information about forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers.

IX. Withdrawal from the Contract.

In accordance with art. 27 of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2024, item 1796, Journal of Laws 201), a Client who is a Consumer, who has concluded a distance or off-premises sales Contract with the Seller, may withdraw from it within 14 days without giving a reason and without incurring costs, except for costs specified in art. 33, art. 34 section 2, and art. 35 of the Act on Consumer Rights. In accordance with art. 7aa of the Act on Consumer Rights, the same right as indicated in the preceding sentence of this section also applies to a Consumer-Entrepreneur. The Seller, to the extent permitted by law, reserves the right to verify the data provided by the Client during the order placement procedure to determine whether they constitute the entity indicated in art. 385(5) of the Civil Code (i.e., a Consumer-Entrepreneur).
The beginning of the 14-day period for the Consumer/Consumer-Entrepreneur to exercise the right to withdraw from the Contract, referred to in section 1 above, starts:
1. for a contract in the performance of which the Seller delivers a Product, being obliged to transfer its ownership, from the taking possession of the Product
2. for other contracts – from the date of concluding the contract.

3. After the expiry of the 14-day period referred to above, the right to withdraw from the Contract expires.

To exercise the right of withdrawal, the Consumer/Consumer-Entrepreneur must inform the Seller of the decision to withdraw by means of an unequivocal statement (e.g., by letter sent by post or e-mail)
The Consumer/Consumer-Entrepreneur may use the model withdrawal form, but this is not mandatory.
In case of withdrawal from the Contract, the Seller shall return to the Consumer/Consumer-Entrepreneur all payments received from them, including the costs of delivering the Product (with the exception of a method other than the cheapest offered by the Seller) immediately, and in any case no later than 14 days from the day on which the Seller was informed by the Consumer/Consumer-Entrepreneur of their decision to exercise the withdrawal from the Contract. If the Consumer/Consumer-Entrepreneur chose a method of delivering the Product other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer/Consumer-Entrepreneur. The payment refund will be made using the same payment methods that were used by the Consumer/Consumer-Entrepreneur in the original transaction.
If the Seller has not offered to collect the Product from the Consumer/Consumer-Entrepreneur themselves, the Seller may withhold the refund of payments until receiving the Product or until the Consumer/Consumer-Entrepreneur provides proof of its return, depending on which event occurs first.
In case of withdrawal from the Contract, the Consumer/Consumer-Entrepreneur is obliged to return the Product covered by the Order to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves.
The Seller’s address to which the Product should be returned is the address of the salon where it was purchased.
The Consumer/Consumer-Entrepreneur bears the direct costs of returning the Product. The Seller does not consent to bearing the direct costs of returning the Product by the Seller.
The Consumer is responsible for the decrease in the value of the Product resulting from using it in a way that exceeds what is necessary to establish the nature, characteristics, and functioning of the Product.
The right to withdraw from the Contract does not apply to the Consumer/Consumer-Entrepreneur in relation to contracts:
1. for the provision of services for which the Consumer/Consumer-Entrepreneur is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the Consumer/Consumer-Entrepreneur, who was informed before the start of the performance that after the performance is fulfilled by the Seller, they will lose the right to withdraw from the contract, and accepted this fact;
2. in which the subject of the performance is a non-prefabricated Product, manufactured according to the Consumer’s/Consumer-Entrepreneur’s specifications (personalized Product), or serving to satisfy their individualized needs;
3. in which the subject of the performance is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery
4. in which the subject of the performance are Products that, due to their nature, become inseparably connected with other items after delivery.

X. Personal Data.

The administrator of the personal data of persons using the services is the Seller FHU JOKER Mirosław Kołaciak, 34-500 Zakopane, ul. Tatary 44a, email address: jokerzakopane@gmail.com.
The data will be used by the Seller for the purpose of:
1. enabling the placement and execution of orders, handling these orders, and contacts regarding orders; (name and surname, email address, phone number, delivery address, bank account number);
2. handling inquiries, assessing satisfaction with products and services; (name and surname, email address, phone number, information about transactions and delivery method);
3. informing about conducting marketing of services and products;
4. creating offers of products and services dedicated to the user, as well as for analyzes (e.g., statistical and concerning important characteristics of the recipients of our services and products) conducted to better prepare our offer or information, or to ensure more effective reach to a selected group of recipients (name and surname, email address, phone number, delivery address, information about transactions);
5. establishing, pursuing, or defending against potential claims; (name and surname, email address, phone number, delivery address, information about transactions);
6. fulfilling legal obligations incumbent on the Seller, e.g., in the scope of taxes, as well as in connection with, e.g., a complaint, request, claim, question;
The Seller processes the data on the following legal bases, depending on the circumstances, because it is necessary for:
1. the performance of a contract to which the Client is a party – this applies to the handling of each order placed by the Client, the delivery of the purchased goods, in accordance with art. 6 sec. 1 lit. b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (“GDPR”);
2. the fulfillment of a legal obligation incumbent on the Seller – this applies in particular to obligations arising from provisions defining consumer rights, tax provisions, and accounting provisions, in accordance with art. 6 sec. 1 lit. c) GDPR;
3. direct marketing, to which the Client previously consents, including preparing and transmitting information about the activity and offers concerning products and services, in accordance with art. 6 sec. 1 lit. a) GDPR;
4. purposes resulting from the legitimate interests pursued by the Seller, in accordance with art. 6 sec. 1 lit. f) GDPR, this applies to the following cases:
  1. direct marketing including preparing and transmitting information about the Seller’s activity and offers concerning products and services, as well as information and offers prepared specifically for a given person based on the analysis of their purchase history and other information (e.g., in connection with specific characteristics, e.g., place of residence, gender, age group, etc.);
  2. examining satisfaction with the services provided by the Seller and the products sold, and with the quality of customer service;
  3. analyzing the activity of the Seller’s clients on the website to better prepare our offer;
  4. providing a response in connection with a complaint, request, claim, question;
  5. establishing and pursuing claims or defending against such claims.
Data may be disclosed by the Seller to the following entities:
1. service providers rendering services to the Seller in the scope of website maintenance and operation,
2. entities processing data in connection with profiling,
3. entities providing accounting, legal, advisory, auditing, consulting, transport services (order delivery),
4. agencies carrying out marketing services on behalf of the Seller,
5. public authorities, including courts, at their justified request or if such an obligation results from legal provisions or for the purpose of defense or pursuit of claims.
Personal data will not be transferred outside the territory of the European Economic Area (“EEA”) or to international organizations. The Seller will store data for the period necessary to achieve the purposes for which they are processed:
1. as long as there is a relationship between the Client and the Seller justifying such processing, for the period necessary to fulfill the order, service, or consider a complaint or other type of complaint or request.
2. for the pursuit of the Seller’s legitimate interests, i.e., establishing and pursuing claims or defending against claims, for the period of limitation of claims or the limitation of tax obligations related to economic events (acquisition of services or goods), and for the duration of court, arbitration, etc., proceedings related to such claims.
3. for the purposes of the Seller fulfilling obligations arising from legal provisions (e.g., from the Act of September 29, 1994, on accounting (Journal of Laws of 2023, item 120 with amendments) or tax provisions or provisions concerning manufacturer’s liability for the product) for the period resulting from such provisions (e.g., for accounting purposes, data will be stored for 5 years counted from the end of the calendar year in which the tax payment deadline related to the contract expired).
If a person contacts the Seller with a request to exercise their rights, in case of justified doubts as to their identity, the Seller may request additional information necessary to confirm their identity. The Seller will respond to requests without undue delay, possibly within one month from the date of receiving the request.
The data subject, e.g., the Client, has the right to request access to their personal data, including in particular information on whether the Seller processes their personal data and on the scope of data held by the Seller, the purposes of data processing, categories of data recipients, the planned period of data storage, the rights they have regarding personal data, as well as information about the sources of data acquisition if they were not collected from them. The person also has the right to obtain a copy of the data, with the reservation that obtaining the first copy of the data is free of charge, and obtaining each subsequent copy may involve the necessity to pay a reasonable fee taking into account the administrative costs of preparing such a copy of the data.
The data subject has the right to request the immediate rectification of inaccurate data or, taking into account the purposes of processing, the completion of incomplete data.
The data subject has the right to request the immediate erasure of their data if one of the following circumstances applies:
1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
2. they have lodged an effective objection to the processing;
3. the personal data have been unlawfully processed;
4. the personal data have to be erased for compliance with a legal obligation;
5. they have withdrawn consent to the processing of personal data and the personal data were processed based on their consent and there is no other legal basis for their processing’
6. the personal data have been collected in relation to the offer of information society services referred to in art. 8 sec. 1 GDPR. However, the data subject will not be able to exercise the right to erasure if, among other things, such data are necessary for the establishment or pursuit of claims or defense against claims.
The data subject has the right to request the restriction of the processing of their data by the Seller, e.g., when:
1. they contest the accuracy of their processed personal data – in this case, they can request the restriction of processing for a period enabling the verification of the accuracy of these data;
2. in their assessment, the processing of their personal data is unlawful, but at the same time, they oppose the erasure of these data, requesting instead the restriction of their use;
3. the Seller no longer needs their personal data for the purpose of their realization, but they are needed by this person for the establishment, pursuit of claims or defense against claims;
4. they have objected to the processing of their personal data due to their particular situation – in this case, they can request the restriction of processing until it is determined whether the Seller’s legitimate interests in processing the data override the grounds for their objection.
In case of restriction of personal data processing, the Seller will be able to store them, and additionally use them only for the purpose of establishing, pursuing or defending claims, for the protection of the rights of another natural or legal person, or for important reasons of public interest of the European Union or a Member State.
The data subject has the right to receive their personal data, which they provided to the Seller, in a structured, commonly used, machine-readable format and has the right to transmit those personal data to another controller if:
1. the processing is based on their consent or on a contract with them, and at the same time,
2. the processing is carried out by automated means.
The data subject has the right to object at any time – on grounds relating to their particular situation – to the processing of their data, if the legal basis for processing is the Seller’s legitimate interest. In such a case, they should indicate this particular situation which, in their opinion, justifies the cessation of the processing of their data covered by the objection.
As a result of the objection, the Seller will cease to process their personal data, unless they demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the person who lodged the objection or grounds for the establishment, pursuit of claims, or defense against claims.
If personal data are processed for direct marketing purposes, the data subject may object at any time to such processing, including profiling, without having to demonstrate reasons related to their particular situation, and the Seller is obliged to immediately cease such processing.
In every case where data processing is based on consent, the person who gave it has the right to withdraw it at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
The data subject has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that the processing of their personal data violates the provisions of the GDPR.
The Seller, in order to conduct marketing activities, uses profiling activities, i.e., analyzes information about website users, including Clients, and assesses their purchasing preferences so as to present them with an offer tailored to their characteristics or corresponding to their needs and requirements.
The website contains links to external social media portals (Facebook, Instagram, and others). The functions assigned to individual links, in particular the transmission of information and personal data, are activated only after clicking on the given link. The portal provider will receive information that the user visited the website before entering the portal’s page (even if they are not registered or logged in to this portal). If the user does not want their data to be sent to social media portal providers, they should not click the links of these portals. If the user does not want the portal provider to link the visit to this portal with their profile, they should make sure they logged out of the portal beforehand. More information on the processing of personal data by individual portals can be found on their websites.
The personal data obtained by the administrator are stored, processed, and protected in accordance with applicable law, in particular in accordance with the “GDPR”. The collection of personal data has been reported to the General Inspector for Personal Data Protection.
The Administrator protects the collected personal data using the following means:
1. data encryption used for newsletter registration
2. securing the data set against unauthorized access