1§ General provisions
- These Regulations define the types and scope of Services offered by the Supplier via the website “NocnaNiania.pl” maintained at the following address: https://nocnaniania.pl (hereinafter referred to as “Website”), the terms of the Services, the rules of the Website and the complaint policy.
- The Regulations are available free of charge via the Website in a form that allows it to be downloaded, saved and printed.
- Before using the Services via the Website, the Customer is obliged to read the content of these Regulations. Using the Services available on the Website means agreeing to the content of the Regulations and a commitment to comply with the provisions contained therein.
- The Customer is entitled to start and stop using the Website at any time, without the need to submit separate statements.
- The Customer and the persons using the Website’s website accept that it is prohibited to provide the Website and the Provider with illegal or offensive content, as well as content containing viruses or that may cause disruptions or damage to the IT systems.
Terms specified in the Regulations mean:
- Consumer – in accordance with art. 22¹ of the Act of 23 April 1964 Civil Code (Journal of Laws No. 16, item 93) a natural person who performs a legal act not directly related to its business or professional activity;
- Night Nanny – midwife or neonatal nurse performing the Service offered by the Supplier;
- Supplier – Joanna Biolik, running a business under the business name: NocnaNiania.pl Joanna Biolik with headquarters in Warsaw, ul. Klimczaka 15/72, NIP: 2220852775, REGON: 243187651; e-mail address: email@example.com;
- Customer – a person who uses the Services offered by the Provider using the Website;
- Services – professional day and night care over children provided by midwives and neonatal nurses via the Provider within the Website.
- Offer – a detailed Night Nanny care offer sent to the Customer via e-mail by the Supplier, including the total price of the Service and considering the Customer’s needs reported in the Service order.
§3 Type and scope of Services provided
- The Provider as part of the Website, on the basis of these Regulations, and the offer available on the Supplier’s website: https://nocnaniania.pl, provides electronical Services consisting in enabling the Customer to get acquainted with available offers in the field of childcare, as well as making a choice of one of the available forms of childcare provided by the Supplier.
- Services provided by the Supplier consist in particular in providing a Night Nanny service of professional night care for children as part of one of the packages described in the Pricing section.
- Night Nanny’s care consists includes:
o evening child bath,
o changing diapers and clothes at night,
o feeding the baby (if it is fed with a bottle) or bringing the baby to the mother (if she breastfeeds),
o soothing and lulling the baby after feeding.
- Using the services of NocnaNiania.pl means that the legal guardian of the child consents to the the above activities in relation to the child by the Night Nanny. If the legal guardian of the child does not consent to any of the above activities (or other activities related to the care of a small child), he is obliged to inform the Supplier of this fact by sending a message to firstname.lastname@example.org before using the services of Night Nanny.
§4 Technical requirements
- In order to use the Services, the following technical conditions must be met: a) have access to the Internet, b) have an Internet browser (one of the following): Firefox, Chrome, Safari, IE, Opera, updated to the latest version.
- The Service Provider reserves the right to temporarily suspend the provision of Services in connection with the modernization or reconstruction of the Website or the conservation work of the IT system. The Service Provider will make every effort to ensure that interruptions in the provision of Services are not burdensome for Users.
- The Service Provider shall not be liable for interruptions in the provision of Services resulting from reasons beyond its control, in particular those constituting a force majeure (fires, floods, natural or meteorological disasters, etc.).
§5 The rules of using the Service
- The Order of the Service offered by the Supplier shall be made by e-mail by means of a declaration of willingness to purchase one of the packages through:
o filling out the contact form available on the Website maintained by the Supplier at the following address: https: //nocniania.pl and sending it to the Supplier or
o sending an e-mail to: email@example.com.
The supplier allows the possibility of making a telephone notification.
- The Order for Services is processed 7 days a week from 8.00 am to 10.00 pm, excluding public holidays.
- After sending the application form, the Customer receives a confirmation together with a request to provide information necessary to perform the Service. Providing information necessary to perform the Service is completely voluntary and tantamount to consent to the processing of personal data provided in accordance with §10 of these Regulations.
- If you wish to use one of childcare options available on the Website, the Customer is obliged to provide his/her name, e-mail address, telephone number and address at which the selected Service offered by the Supplier is to be provided. In addition, the client is obliged to provide the dates of visits of the Night Nanny as well as the age of the child to be looked after by the Nanny. An exception is purchase of a gift voucher – in this case, the dates of visits are determined with the recipient before the Service.
- On the basis of the order placed, the Supplier confirms the availability of Nanny at selected dates and sends a detailed Care Offer, along with the total price of the Service. The offer is sent to the e-mail address indicated by the Customer. In the case when Night Nanny care is to cover more than 1 child (eg twins), an additional 25% of the price is added to the standard price of the Service.
- The Customer may accept the offer submitted by the Supplier by sending a return message to the address firstname.lastname@example.org or by paying by bank transfer for the ordered Service to the bank account number provided by the Supplier.
- The customer is obliged to provide correct data in the order form and the order. The Supplier shall not be liable if the Customer provides incomplete, incorrect or false data referred to in paragraph. 4 above.
- The order is accepted for execution when the Customer accepts the Offer sent by the Supplier via e-mail to the e-mail address of the Customer or upon payment for the ordered Service by transfer to the indicated bank account number. From this moment, the Service starts to be valid and the Supplier guarantees its realization and the Customer is obliged to pay for it.
- Use of the Services takes place after receiving from the Supplier confirmation of availability of Night Nanny and sending the Offer and after payment for the Services by the Customer, in accordance with § 6 paragraph 1 of these Regulations.
- The Supplier will exercise due diligence in order to provide the Service. In particular, the Supplier warrants the Night Nanny to appear at the place and time indicated by the Customer in the order.
- Unless agreed otherwise, the Client has no right to record audio or video recordings of the work of Night Nanny. If the Client wishes to obtain such a right, he is obliged to contact the Supplier by sending a message to: email@example.com before using the services of Night Nanny.
- Payment for using the Services referred to in §5 takes place via a bank transfer to the bank account indicated by the Supplier before the start of care. The Customer is obliged to send the confirmation of the transfer to the Supplier.
- After receiving the payment and performing the service, the Supplier issues a VAT invoice to the Client and sends it to the e-mail address provided at the ordering stage. The Client accepts the receipt of invoices in electronic form. In the absence of such acceptance, the Client is obliged to inform the Supplier by sending a message to: firstname.lastname@example.org before making the payment.
§7 Consumer provisions
- Pursuant to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), the Customer who is a consumer has the right to withdraw from the sales agreement without giving reasons, within 14 calendar days from the date of goods delivery. To meet the deadline, it is enough to send a statement before the deadline expires.
- Withdrawal is made by submitting a declaration of withdrawal from the contract to the address of the Supplier.
- The Website shall send at short notice the Customer an acknowledgment of receipt of the declaration of will on withdrawal from the sales contract to the e-mail address indicated by the Customer.
- The Website, not later than within 14 days from the date of receipt of the Customer’s statement on withdrawal from the contract, will refund all payments made by the Customer. The service refunds the payment using the same method of payment as used by the Customer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
- According to art. 38 point 13 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) The Consumer is not entitled to withdraw from a distance sale agreement with regard to contracts for the supply of digital content that are not recorded on material support, if the performance commenced with the Consumer’s express consent, before the deadline for withdrawing from the contract and after informing the Service about the loss of the right to withdraw from the contract.
§8 Responsibility of the Supplier
- The Supplier shall not be liable for non-performance or improper performance of obligations under these Regulations due to circumstances beyond the Supplier’s control despite due diligence, in particular for damages for which the Night Nanny is responsible. The Client accepts that in disputes arising from non-performance or improper performance of the contract by Night Nanny, the Website is not liable.
- The supplier is also not liable for:
o the consequences of providing incomplete or incorrect information by the Customer at the time of filling out the application form and placing the order;
o provision by the Customer to third parties of data necessary to make an order via the application form;
o damages caused by circumstances for which the Supplier is not responsible;
o damages caused to third parties in connection with the use of the Services by the Customer in a manner inconsistent with the regulations or legal regulations;
o incorrect functioning of the Customer’s devices, as well as incorrect operation of the software used by the Customer or incorrect operation of the Internet service provider used by the Customer.
§9 Complaint procedure
- The Customer is entitled to file a complaint of the provision of Services by the Provider in a manner inconsistent with the provisions of these Regulations.
- Complaints should be reported to the Supplier via e-mail to the following e-mail address: email@example.com or in writing to the address of the Supplier’s registered office.
- The complaint application should include the name and surname, address for correspondence and e-mail address together with the presentation of reported irregularities.
- The Supplier will consider the complaint notification within 14 days from the date of receipt of the notification and will inform the Customer about the result of its consideration via e-mail or in writing to the address provided by the Customer.
§10 General Data Protection Regulation – GDPR
- The administrator of personal data is NocnaNiania.pl Joanna Biolik with its registered office in Warsaw, Klimczaka 15/72, NIP: 2220852775, REGON: 243187651.
- The administrator of personal data can be contacted at firstname.lastname@example.org, using the contact form at https://nocnaniania.pl/ or by sending correspondence to the personal data administrator.
- The processing of Customers’ personal data takes place for the purpose of proper provision of the Service, in accordance with the Supplier’s Regulations and in order to send commercial information via e-mail, via a shared e-mail address or telephone number.
- The consent referred to in paragraph 3 may be withdrawn at any time by sending information to the following address: email@example.com.
- Providing the data is fully voluntary, but it is necessary to provide the NocnaNiania.pl Service.
- As part of the service of the NocnaNiania.pl site, the personal data of the Customers will be disclosed to third parties – Night Nanny performing services offered by the Supplier.
- The entities indicated in paragraph 6 above, will be obliged to apply appropriate security measures as per the GDPR and to process personal data only for the purposes indicated by the Supplier.
- Data provided by the Customer will not be subject to profiling.
- Personal data will be stored for a period of two years, counting from the beginning of the year following the year in which consent for the processing of personal data has been given.
- The Customer has the right to access their personal data, to rectify them, to object to their processing, request their removal or transfer.
- At any time, the Customer is also entitled to file a complaint to the supervisory body (GIODO or his legal successor).
§11 Final provisions
- Any disputes arising out of the validity of these Regulations shall be resolved by common courts in the territory of the Republic of Poland.
- In the event of a change in the provisions of these Regulations, the Provider will publish information on this subject within the Website and notify the Customer about the change by placing a new text of the Regulations on the website: https://nocnaniania.pl. Clients who use the Services provided by the Supplier at the time of changing the provisions of the Regulations shall comply with the provisions of the current content of the Regulations.
- In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, including in particular the Civil Code, the Act on Electronic Services and the Act on the Protection of Personal Data.