Store Regulations

The products offered in the Store are sold to MystiqFlare, NIP 6412314604, REGON 243149768, entered into the Central Register and Information on Economic Activity kept by the minister responsible for the economy, contact address: NOWY ŚWIAT 33/13, 00-029 WARSZAWA, hereinafter as a seller.

You can contact the Seller by e-mail at contact@mystiqflare.com or by phone: 690386450

§1 BASIC CONCEPTS

Explanation of basic concepts:

  1. Price – value expressed in monetary units that the Customer is obliged to pay, and in the case of digital content/service – also a digital representation of the value;
  2. Working day – a day of the week from Monday to Friday, excluding holidays;
  3. Proof of payment – an invoice or receipt issued in accordance with the Goods and Services Tax Act or based on other provisions of applicable law, sent to the Customer;
  4. Delivery – means delivery of the Product to the Customer by the Seller;
  5. Supplier – an entity with which the Seller cooperates and whose task is to complete the delivery (detailed information regarding suppliers and delivery methods is specified on the Seller’s website);
  6. Customer – an entity that plans to purchase or purchases the product(s), i.e. a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, which is granted legal capacity by law – which has concluded or intends to conclude an Agreement with the Seller, also called the User;
  7. Consumer – a natural person making a purchase for purposes that are not directly related to his/her business/professional activity;
  8. Offer—a sales proposal containing important elements of the Product (including the product description and the Seller’s individual proposal).
  9. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business activities on its own behalf, and using the Store;
  10. Entrepreneur with consumer rights – a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that the contract does not have a professional character for him, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Registration and Information on Economic Activity;
  11. Product – Goods or Service offered by the Seller in the Store, intended for sale; The product is a paid product unless otherwise indicated;
  12. Physical Product – a product that can be physically shipped by post/courier or can be picked up in person;
  13. Electronic product – digital content that the Customer receives as part of the purchase, which takes the form of an electronic file. The file format depends on the content of the material (e.g. e-book, other materials in PDF format, audio/video);
  14. Regulations – these Sales Regulations specifying the rules for using the Store, placing orders and the rules for executing orders by the Seller;
  15. Store/website/Service – the website where the Seller’s business is conducted, including, among others: the sale of products by the Seller or where the content of the Seller and Users is made available;
  16. Goods – an item that is the subject of a contract concluded between the Seller and the Customer;
  17. Goods with digital elements – goods containing digital content or a digital service or connected to them in such a way that the lack of digital content or digital service would prevent its proper functioning;
  18. Durable medium – a material or tool for storing information that allows access to this information in the future (for the time necessary to achieve the purposes for which this information is served) and enables the reproduction of the stored information in an unchanged form;
  19. Agreement – mutual arrangements between the Seller and the Customer specifying mutual rights and obligations;
  20. Service – a service provided by the Seller to the Customer.
  21. Digital service – a service that allows the Customer to: a) produce, process, store or access data in digital form, b) share the use of data in digital form that was sent or created by the consumer or other users of this service, c) other forms of interaction using such data;

§2 RULES OF COOPERATION AND CONCLUSION OF AGREEMENT

1. The terms and conditions of the contract and the principles of cooperation are specified in the Regulations and the Offer.

2. The Regulations and the Offer do not exclude or limit the rights of the Customer who is a Consumer or an Entrepreneur with consumer rights resulting from mandatory provisions of law.

3. In the event of discrepancies between the content of the Regulations and the Offer, the Offer is binding.

4. The contract is concluded when the Customer accepts the Regulations and makes the payment, subject to the provisions below.

5. If the payment deadline falls after the conclusion of the Agreement, the Agreement is concluded upon acceptance of the Regulations by the Customer and acceptance of the order for execution by the Seller.

6. The term “payment” means the posting of the payment by the Seller or payment intermediary.

§3 PRICE

1. The price is a gross price and includes all taxes required by law, unless the Seller has clearly indicated that the price is a net price and VAT should be added to it.

2. The price does not include information on delivery costs or other costs that the Customer will be obliged to bear, and about which costs he will be informed before placing the order.

3. The reduced price is the price applicable as a result of the reduction in the price of the Product.

4. The lowest price is the lowest price for the Product that was valid in the period of 30 days before the introduction of the discount, and in the case of a product offered for sale in a period shorter than 30 days – the lowest price is the lowest price in force in the period from the date of commencement of offering this Product to the date of introduction discounts.5. In the event of a reduction in the price of a Product that deteriorates quickly or has a short shelf life – next to the price for the Product, the Seller also displays information about the price before the first application of the reduction.

§4 RULES FOR PLACING ORDERS

1. The Customer can use the Store 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays or holidays are processed on the next Business Day.

2. The Seller uses the services of PayU and Pay-Pal to offer online payments.

3. Payments can be made by traditional transfer, electronic transfer, payment or credit card, BLIK payment and other payments offered by the Website.

4. The Customer is obliged to make the payment immediately after placing the order, unless nothing else results from the Offer or the payment method chosen by the Customer.

5. In order to purchase Products through the Store, you must:

1) select the Product(s) you want to buy from the options available on the website by clicking the “Buy” button or a similar button;

2) after selecting the Products, please provide the required information (e.g. customer details, payment method, delivery method);

3) read the information about the total price for the selected Products, including delivery and other additional costs resulting from the placed order;

4) accept the Regulations and the order, as well as make payment for the order in accordance with the selected payment method. After placing the order, the Seller will send an order confirmation.

6. In order to purchase Products electronically, e.g. by e-mail or via instant messenger or via an external program, you must:

1) select the Product(s) you want to buy and read the Offer;

2) after selecting the Products, please provide the information required by the Seller (e.g. Customer details, payment method, delivery method);

3) before accepting the order, read the information about the total price for the selected Products, including delivery and other additional costs resulting from the placed order;

4) accept the terms of cooperation presented by the Seller under the order, including the Regulations, and make payment for the order in accordance with the selected payment method. After placing the order, the Seller will send an order confirmation.

7. After concluding the Agreement, the Seller also sends the Customer its terms and conditions, unless they were provided before concluding the Agreement.

8. The Seller has the right to cancel the order if the Customer fails to make the payment within 3 business days from the date of placing the order or if the Customer completes the order form in a way that prevents its proper execution despite the Customer’s request to complete/correct the data under pain of canceling the order.

§5 RULES FOR PROCESSING ORDERS

Real products
  1. The deadline for the execution of the order, including the delivery of the Products, depends on the order preparation deadline indicated by the Seller, and then on the delivery deadline planned for the delivery method chosen by the Customer. Unless the Offer states otherwise, the order preparation time is up to 4 business days and the delivery time is from 3 to 7 business days.
  2. The deadline for the execution of the order, including the delivery of the Products, should be counted from the date of conclusion of the contract.
  3. The Seller informs the Customer about:
1) the deadline for preparing the order by the Seller in Business Days and 2) the date of delivery of the Products by the Supplier in Business Days – depending on the delivery method chosen by the Customer.
  1. Delivery is made within Poland. In the case of deliveries outside Poland or other countries indicated above, the Customer individually agrees detailed delivery terms with the Seller.
  2. Delivery is made to the address indicated by the Customer in the order form or to the collection point indicated by the Customer – depending on the selected delivery method.
  3. In the event of problems with the delivery of the shipment by the Supplier, such as, among others: the Customer’s absence at the indicated address, the Supplier leaves a notice at this address or sets another date by e-mail/telephone on which the order can be delivered. If the order is not collected within the specified time, the order will be sent back to the Seller. After sending back, a new delivery date will be agreed with the Customer and the costs of re-delivery will be determined.
  4. The Customer should examine the received order upon receipt of the shipment, and if any irregularities are found, he or she has the right to request the Supplier to prepare an acceptance report.
Digital products
  1. If you purchase a Product that includes an Electronic Product, access to the Product will be granted to the Customer immediately after successful payment, no later than within 48 hours, unless nothing else results from the Offer.
  2. The electronic product will be made available as part of the User Account or will be sent to the e-mail address provided by the Customer, subject to the provisions below.
  3. In the case of a Product such as courses or other electronic products in which the materials, due to the nature of the Product, are not available immediately after purchase, these materials will be made available systematically on the following days of the course or immediately – depending on , which results from the Offer.
  4. If you purchase a Product that includes access to the platform and live broadcasts (webinars/online meetings), the Customer will be granted access to the above-mentioned. places immediately after purchase or within the time specified in the specifics and the Offer.
  5. The Customer is aware that online broadcasts may be recorded and recordings from the broadcast may be made available as part of the Product.
  6. Unless otherwise specified in the Offer, access to the Product is time-limited and lasts 12 months from the date of conclusion of the Agreement.
  7. If the Customer cannot run the shared file or materials, he should contact the Seller.
 
  1. The Seller informs the Customer about updates, including those regarding security measures necessary to maintain compliance of the Product with the contract.
  Services in a subscription model
  1. In the case of providing Services in a subscription model, including granting access to products for a fixed period, unless nothing else results from the Offer:
  2. The contract is concluded for a specified period of time indicated in the order, unless nothing else results from the Offer and the nature of the service;
  3. The month of access should be understood as a calendar month counting from the effective payment date.

§6 TECHNICAL CONDITIONS

1. The Customer may use the Store in accordance with the Regulations and applicable regulations.

2. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats.

3. In order to use the Store or place an order, the Customer must have:

1) the current version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome, Safari);

2) active e-mail account.


4. If it is necessary to meet additional technical requirements to use the Store or the Products, the Customer will be informed about this before using the Store or before placing an order for the Product.

§7 COPYRIGHTS AND LICENSES

  1. All materials provided by the Seller, including texts, photos, graphics, multimedia, and trademarks, are works within the meaning of the Act on Copyright and Related Rights, subject to legal protection.
  2. Copyright for the above-mentioned materials is available to the Seller or another entity from which the Seller obtained an appropriate license. The materials may also be used by the Seller based on another legal basis.
  3. All materials made available by the Seller may only be used by the Customer for their own use, unless otherwise stated in the Offer. Further dissemination, sharing, copying, and downloading of materials in any way beyond the scope of permitted use is prohibited.
  4. The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time limits result from the Offer or these Regulations. The remuneration for granting the license was included in the price.
  5. The Customer has the right to use the materials in the following fields of use:
    1. in the scope of recording the work and printing – digital recording on the User Account or in another manner permitted by the Seller; the printout may be made for your own use of the materials;
    2. modifying the work for your own needs to the extent resulting from the instructions, instructions/video instructions, comments.
  6. In the event of violation of the prohibition referred to in this paragraph, including copyright infringement, the Seller has the right to demand compensation and damages from the Customer. The Customer in the above-mentioned case may incur civil or criminal liability.

§8 COMPLAINTS AND WARRANTY

  1. This chapter sets out the rules of liability for the compliance of the service with the Agreement obliging the transfer of ownership of the Goods to the Consumer and the Entrepreneur with consumer rights in the scope of contracts concluded from January 1, 2023.
  2. The provisions of Chapter XI of Book III of Title II of the Act of April 23, 1964 – Civil Code shall not apply to contracts requiring the transfer of ownership of goods, in particular sales contracts, delivery contracts, and contracts for specific work being goods, but only the Consumer Rights Act. Detailed information regarding the above-mentioned principles is contained in the Consumer Rights Act, and these Regulations are not intended to limit or change them.
  3. If the Goods are inconsistent with the contract, the Customer may request their repair or replacement or, in the cases specified in the Consumer Rights Act, also withdraw from the contract.
  4. The Seller may make an exchange when the Customer requests repair, or the Seller may make a repair when the Customer demands replacement, if bringing the goods into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the goods into compliance with the contract. The Customer provides the Seller with the Goods that are subject to repair or replacement.
  5. If the Goods are inconsistent with the contract, the Customer may submit a declaration of price reduction or withdrawal from the contract when:
    1. The Seller refused to bring the Goods into compliance with the contract or failed to bring the Goods into compliance with the contract;
    2. The lack of compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into compliance with the contract;
    3. The lack of conformity of the Goods with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;
    4. It clearly follows from the Seller’s statement or circumstances that he will not bring the Goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Customer.
  6. The Customer may not withdraw from the contract if the non-compliance of the Goods with the contract is immaterial.
  7. In the event of withdrawal from the contract, the Customer shall immediately return the Goods to the Seller at the Seller’s expense. The Seller returns the price to the Customer immediately, but no later than within 14 days from the date of receipt of the Goods or proof of their return.
  8. The Customer may submit a complaint regarding the non-compliance of the Goods with the contract by sending it to the Seller’s address indicated in the Regulations (mailing address or e-mail address). The complaint should include data enabling the Customer’s identification, the subject of the complaint, and requests related to the complaint. In the event of receiving an incomplete complaint that makes it impossible to consider it, the Seller will call on the Customer to complete it; otherwise, the complaint will not be considered. The Customer may submit a complaint using the template attached as Annex 3 to these Regulations. This procedure applies accordingly to the rights arising from §9 of the Regulations.
  9. The Seller shall consider complaints within 14 days from the date of its receipt, unless specific provisions provide otherwise. The response will be sent to the Customer’s e-mail address or in another manner indicated by the Customer.
  10. The provisions of this chapter do not apply to Goods that serve only as a carrier of digital content.
  11. In addition to the rights arising from the warranty, some Goods may be covered by a warranty. In such a case, warranty information will be specified, among others, in the Offer or in a separate document in accordance with the principles provided for in the Consumer Rights Act.

§9 ADDITIONAL CUSTOMER RIGHTS REGARDING DIGITAL CONTENT/SERVICE

  1. This chapter defines the rights of the Consumer and the Entrepreneur with consumer rights in the case of contracts for the supply of digital content/services concluded from January 1, 2023. Detailed information regarding the Customer’s rights are specified in the provisions of the Consumer Rights Act, and these Regulations are not intended to limit or change them.
  2. If the digital content or digital service is inconsistent with the contract, the Customer may demand compliance with the contract or submit a declaration of price reduction or withdrawal from the contract.
  3. The Seller may refuse to comply with the contract if bringing the digital content or digital service into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
  4. If the digital content or digital service is inconsistent with the contract, the Customer may submit a declaration of price reduction or withdrawal from the contract when:
    1. Compliance with the contract is impossible or requires excessive costs;
    2. The Seller has failed to bring the digital content or digital service into compliance with the contract;
    3. The lack of compliance with the contract continues even though the Seller has tried to bring the digital content or digital service into compliance with the contract;
    4. The lack of compliance of the digital content or digital service with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;
    5. It is clear from the Seller’s statement or circumstances that he will not bring the digital content or digital service into compliance with the contract within a reasonable time or without undue inconvenience to the Customer.
  5. The Customer may not withdraw from the contract if the digital content or digital service is provided in exchange for payment of a price and the lack of conformity with the contract is immaterial.
  6. If the Customer has not received the digital content or service, the Customer informs the Seller about this. If they are not delivered immediately or within an additional deadline expressly agreed by the parties, the Customer may withdraw from the contract.
  7. The Customer may withdraw from the contract without requesting the delivery of digital content or digital service if:
    1. The Seller has declared, or it is clear from the circumstances, that he will not provide the digital content or digital service; or
    2. The parties have agreed or the circumstances of concluding the contract clearly indicate that a specific deadline for the delivery of digital content or digital service was of significant importance to the Customer, and the Seller did not deliver it within that deadline.
  8. The provisions of this Chapter shall not apply if the contract provides for the delivery of digital content via a tangible medium.

§10 WITHDRAWAL FOR DISTANCE AND OFF-PREMISES CONTRACTS

  1. This chapter sets out the rules for withdrawal from the contract by the Consumer and the Entrepreneur with consumer rights.
  2. The Customer who is a Consumer or an Entrepreneur acting as a consumer has the right to withdraw from the contract within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller about this by way of an unambiguous statement, e.g., by sending an e-mail or a letter to the address indicated in the Regulations. More information about the right of withdrawal can be found in Annex 1 and 2 to the Regulations.
  3. The right to withdraw from the contract does not apply in the case of a contract for:
    1. the provision of services for which the Customer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract, and has accepted this;
    2. the supply of digital content not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Customer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract, and acknowledged it, and the Seller provided the Customer with confirmation of receipt of consent;
    3. non-prefabricated goods, manufactured according to the Customer’s specifications or serving to meet his individual needs (so-called custom-made goods);
    4. goods that deteriorate quickly or have a short shelf life;
    5. goods 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;
    6. sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    7. the delivery of newspapers, periodicals, or magazines, with the exception of a subscription contract;
    8. items whose price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
    9. items purchased by public auction;
    10. items which, after delivery, due to their nature, are inseparably connected with other items;
    11. the provision of services for which the Customer is obliged to pay the price, where the Customer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the Customer.
  4. The client referred to in section 1 is liable for reducing the value of the Product in connection with using it in a way that goes beyond what is necessary to establish the nature, features, and functionality of the Product.
  5. In the event of withdrawal from the contract for the supply of digital content or digital service, the Customer refrains from using this digital content or digital service and making it available to third parties.

§11 USER ACCOUNT

  1. The Seller creates a User Account for the Customer, i.e., an individual panel launched for the Customer by the Seller in order to use the Seller’s Products after the Customer registers and concludes a free contract for creating and maintaining a User Account, hereinafter referred to as the Account. The agreement to create and maintain a User Account is concluded for an indefinite period.
  2. The Customer may not share the User Account with third parties or have several User Accounts.
  3. Creating a User Account is necessary to gain access to the User Account, place an order, and to gain access to the Product, provided that the Product is made available on the User Account.
  4. The Seller sends information to the e-mail address provided by the Customer regarding User Accounts. The Customer sets an individual password for the Account. The Customer is obliged to set an individual password also if the password is automatically generated by the system for the purposes of registering a User Account. After registering the Account, the Customer should immediately set a new password.
  5. The Customer may submit a request to delete the Seller’s User Account by e-mail or in any other way used for communication with the Seller with a 14-day notice period without giving a reason.
  6. Deleting the User Account may result in the loss of access to the Products made available under the User Account.
  7. The Seller may terminate the agreement for creating and maintaining a User Account:
    1. for important reasons with a 14-day notice period (applies to a Customer who is a Consumer or an Entrepreneur with consumer rights); an important reason should be understood, in particular, as the Customer’s violation of the provisions of the Regulations or legal provisions, as well as the Customer’s actions contrary to good practices;
    2. without giving a reason immediately (applies to a Customer who is not a Consumer or an Entrepreneur with consumer rights).

§12 IMAGE

  1. The Customer is aware that the Participant’s image provided by him as part of cooperation with the Seller may be processed by the Seller, including recorded and distributed for educational and archiving purposes and for purposes related to the implementation of the Agreement.
  2. The Customer – by turning on the camera during the online transmission (webinars/online meetings) or by making his/her image available to the Seller in another way, consents to the recording, use, and dissemination by the Seller of the Participant’s image in the form of recordings/photos from the transmission online/course of cooperation for the purposes indicated in section 1.
  3. Processing the image of the Client/Participant for marketing and promotional purposes requires separate consent.
  4. The image referred to above may be used for various forms of electronic processing, framing, and composition, as well as juxtaposed with the images of other people participating in the online broadcast, while the film and sound recording with its participation may be cut, edited, modified, added to other materials created as part of the Seller’s activities. Consent covers all forms of publication.
  5. The Customer may not record, use, or distribute the image of other participants/leaders without the prior consent of the above-mentioned people.

§13 SPECIFIC PROVISIONS APPLICABLE TO ENTREPRENEURS

  1. The provisions indicated in this paragraph apply to the Entrepreneur who is not an Entrepreneur with consumer rights.
  2. The court competent to resolve any disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur with consumer rights is the court having jurisdiction over the Seller’s registered office.
  3. An entrepreneur who is not an entrepreneur with consumer rights is obliged to examine the shipment upon receipt. If defects and damage are noticed, the Entrepreneur is obliged to prepare a report upon receipt. In case of failure to fulfill the above-mentioned formalities, the Seller is not responsible for defects and damage to the Product occurring from the moment of its acceptance by the Supplier until its delivery to the Entrepreneur and for delays in the transportation of the shipment.
  4. The Parties exclude the Seller’s liability for non-compliance of the Goods with the contract/defects of goods towards the Entrepreneur who is not an Entrepreneur with consumer rights.
  5. The Seller has the right to terminate the contract with an Entrepreneur who is not an Entrepreneur with consumer rights with immediate effect. For this purpose, the Seller sends the Entrepreneur a statement regarding the termination of the contract to the e-mail address or correspondence address. The entrepreneur waives any claims in this regard.
  6. The Seller is not liable for lost profits in relation to the Entrepreneur who is not an Entrepreneur with consumer rights.

§14 USER CONTENT

Unacceptable User Content
1. The User is prohibited from posting Content that constitutes illegal content within the meaning of the DSA Digital Services Act or is otherwise inconsistent with the Regulations.

2. The term “illegal Content” means illegal content, products, services and activities.

3. The User may not post Content that:

1) are of a terrorist nature,

2) are contrary to the law and good customs,

3) are SPAM or regularly appear on the Website without a legitimate purpose;

4) are offensive, contain content with terms considered as hate speech, threats, and when they contain content inciting or supporting violence, content indicating harassment, racist, discriminatory or slanderous content,

5) violate or limit the rights of third parties, in particular the right to privacy, the right to image, the right to personal data protection, trademarks or copyrights;

6) serve to conduct competitive activities or constitute an act of unfair competition,

7) are used to conduct unauthorized advertising, promotional and marketing activities;

8) are used to conduct activities prohibited by law, e.g. financial fraud;

9) propagate a fascist or other totalitarian state system;

10) defame or insult any person;

11) violate the personal rights of any person;

12) contain profanity or other offensive content;

13) offend religious feelings.


4. The Seller is not responsible for User Content posted on the Website, provided that the Seller:

1) has no actual knowledge of illegal activity or illegal User Content, and with regard to claims for damages – does not know of the facts or circumstances that clearly indicate illegal activity or illegal User Content, or

2) immediately takes appropriate action to remove or prevent access to illegal User Content or otherwise limit its visibility or monetization upon obtaining such knowledge or information.

5. The Seller is obliged to notify the appropriate law enforcement services/agencies if the User may have committed, is committing or may commit a crime that threatens the life or safety of a person/people and to provide all information available to him/her on this subject.
Moderation of User Content

6. The Seller may verify the User Content at any time.

7. The Seller shall carry out the verification with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including respect for the fundamental rights of service recipients, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedom.

8. Verification may take place prior or subsequent, i.e. after publishing the Content – depending on the type of User Content and the functionalities provided.

9. If any non-compliance of the User Content with the Regulations is detected, the User Content may be blocked and become invisible to other Users or be removed from the Website or its visibility may be limited in any other way. The seller may also limit the monetization of the above-mentioned. Content.

10. If the User uses the Website contrary to the Regulations, in addition to actions related to the possibility of removing/blocking Content or otherwise limiting its visibility and/or monetization, the Seller may delete the User Account or temporarily or permanently prevent the User from using certain functionalities of the Website.

11. The Seller is obliged to act with due diligence, in an objective, proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including freedom of expression and information and other fundamental rights and freedoms. The Seller informs about his decision and provides its justification.

12. In the event of taking the actions referred to above, the User affected by the actions taken may submit an appeal under the principles described in this paragraph [cf. Appeal procedure]. Reporting User Content

13. Any person or entity may report to the Seller the presence of User Content on the Website that a given person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).

14. Notification may be made by e-mail, to the contact address provided in the introduction to the Regulations, including using the form constituting Annex 4 to the Regulations.

15. The notification referred to in the provision above should include:

1) a justified explanation of the reasons why a given person or entity alleges that the User Content is inconsistent with the Regulations;

2) indication of the precise electronic location of the information, such as the exact URL and additional information enabling the identification of the User Content, as appropriate to the type of User Content and the specific type of hosting service;

3) name and surname or name and e-mail address of the person or entity reporting, with the exception of reports regarding information considered to be related to one of the crimes referred to in Art. 3-7 of Directive 2011/93/EU;

4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.

16. The report should enable identification of the reporting person, but this is not a mandatory element, unless the identity is necessary to determine whether the given Content constitutes potential illegal Content.

17. Immediately after receiving the notification referred to in section 1, the Seller sends the User confirmation of receipt of the application – electronically, to the e-mail address provided (provided that the application contains contact information enabling sending the confirmation).

18. If the application is incomplete or contains other errors that make it impossible to consider the application, the Seller may ask the applicant to supplement or correct the application, in particular when it concerns, among others: confirmation of your rights that are potentially violated. Failure to supplement or correct the notification no later than 14 days from the date of request by the Seller may constitute grounds for leaving the notification without consideration.

19. Verification of User Content by the Seller in connection with the report takes place immediately, no later than within 14 days from the date of receipt of the report allowing its consideration, unless, due to the type of illegal Content covered by the report and the urgency of the activities, verification should take place earlier (e.g. when the Content poses a threat to the life or safety of persons).

20. The Seller carries out verification with due diligence.

21. Reporting and verifying Content is intended to remove information considered illegal Content or to prevent access to it, provided that it cannot lead to excessive violation of the freedom of expression and information of other Users.

22. During verification, the Seller is entitled to block the User Content in such a way that it becomes invisible to other Users or to take other actions described in this chapter.

23. After verification, the Seller may permanently suspend or remove User Content as violating the Regulations or otherwise limit its visibility or monetization, or consider that the User Content does not violate the Regulations. If the User Content has been previously blocked, and after verification it turns out that the User Content does not violate the Regulations,

24. If the actions referred to above are taken, the Seller shall immediately notify both the reporting party and the User who posted the User Content, providing a justification for his decision.

25. In the event of taking the actions referred to above or failing to take them, the User who posted these User Contents or the reporting party may submit an appeal under the principles described in this paragraph [cf. Appeal procedure]

26. If, for technical or operational reasons, the Seller cannot delete specific information, the Seller informs the reporting party about this.

27. The appeal will be considered by the Seller. Appeals will not be processed automatically.
Appeal procedure

28. In the event that

a) the Seller has not blocked or removed the User’s Content or limited its visibility despite being notified by another User or a third party;

b) User Content has been blocked or deleted or whose visibility has been limited contrary to the provisions of the Regulations;

c) The Seller has decided to suspend or terminate the provision of the service, fully or partially,

d) The Seller has decided to suspend or close the account

e) The Seller has decided to suspend, terminate or otherwise limit the possibility of monetizing information,
The user who submitted the User Content, or the person who reported the User Content to
verification, may file an appeal.

29. Each decision of the Seller referred to above must include a justification that will enable an appeal to be submitted, except where there are legal grounds for refusing to justify the decision. The justification must meet the requirements of the Digital Services Act (DSA) and include information such as:

a) an indication of whether the decision includes removing User Content, preventing access to it, depositioning or limiting the visibility of User Content or suspending or terminating monetary payments relating to such User Content or imposes other measures referred to in the Regulations in relation to such Content the User and, where applicable, the territorial scope of the decision and its duration;

b) the facts and circumstances on the basis of which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by another User or a third party or on the basis of voluntary verification activities carried out on the Seller’s own initiative and, where strictly necessary , the identity of the reporting person;

c) where applicable, information about the use of automated means in making decisions, including whether a decision was made with respect to User Content detected or identified through automated means;

d) if the decision concerns potentially prohibited User Content, an indication of the legal basis on which the decision is based and an explanation of the reasons why the User Content is considered prohibited on this basis;

(e) if the decision is based on the alleged inconsistency of the information with the terms of use, an indication of the contractual basis on which the decision is based and an explanation of the reasons why the information is considered to be inconsistent with that basis;

f) clear and User-friendly information on the User’s or the reporting party’s options to appeal against the decision.

30. An appeal may be submitted: a) electronically to the following address: contact@mystiqflare.com b) by correspondence – to the following address: 00-029 Warszawa, ul. Nowy Świat 33 lok.13

31. The appeal should contain the necessary information enabling it to be considered, including: identification and contact details of the appealing User and detailed justification indicating irregularities in the Seller’s decision.

32. The Seller immediately confirms receipt of the appeal electronically to the e-mail address provided.

33. The appeal is considered within 14 days from the date of submission of the appeal.

34. If the appeal contains sufficient grounds to consider that the Seller’s decision is incorrect/unjustified, the Seller shall immediately repeal its decision.

35. The appeal will be processed by the Seller/under the supervision of the Seller’s staff.

§16 FINAL PROVISIONS

  1. During force majeure, the parties to the contract will be released from any liability for non-performance or improper performance, provided that the circumstances of force majeure constitute an obstacle to the performance of the contract. The above also applies in the period immediately preceding or immediately following the occurrence of force majeure, if only during the indicated period the impact of force majeure will constitute an obstacle to the performance of the contract.
  2. “Force majeure” should be understood as an event of an accidental or natural nature, completely independent of the will and action of the Parties, which could not be predicted and impossible to prevent, in particular such events as: flood, burglary, war, act of terrorism, introduction of a state of emergency.
  3. If the Customer is from outside the Seller’s country, he should inform the Seller about this, providing information about his place of residence/registered office so that it is possible to settle the tax in accordance with the regulations applicable to him.
  4. When using the Products, it is prohibited to provide illegal information and to act in a manner contrary to the law, good practices or violating the personal rights of third parties.
  5. Amicable settlement of disputes and complaints. The consumer has the option of contacting:
    1. a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract;
    2. the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
    3. poviat (municipal) consumer rights ombudsman or social organization whose statutory tasks include consumer protection in order to obtain assistance regarding the contract;
    4. or has the right to use the ODR platform. The platform serves to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
  6. The Seller reserves the right to introduce changes to the Regulations for important reasons, in particular due to changes in legal provisions to the extent that these changes force the Seller to also change the content of these Regulations, in particular changes to the provisions of the Civil Code, the Act on consumer, the Act on the provision of electronic services, as well as pursuant to applicable decisions of the Office of Competition and Consumer Protection, the Personal Data Protection Office or court judgments to the extent corresponding to the issued decisions/judgments and in the event of a significant change in business factors, provided that there is a cause and effect relationship between the above-mentioned change and the change in the costs of providing services by the Seller.
  7. For contracts concluded before the entry into force of the new Regulations, the version of the Regulations in force on the date of conclusion of the Agreement by the Customer shall apply.
  8. The applicable law is Polish law, subject to section. 10.
  9. The competent court is the Polish court, subject to section 10.
  10. In the case of a Customer who is a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the provisions of the law of the country of his habitual residence, which cannot be excluded under the contract. If the provisions in force in the consumer’s country are more favorable to him and these provisions cannot be excluded by contract, they will apply in the contract concluded between the Customer and the Seller.
  11. The rules regarding the processing of personal data are regulated in the Privacy Policy.
  12. The Regulations are valid from June 22, 2024.