Terms of Service

La-joliesse.com Terms of Service

(hereinafter the "Terms")

§ 1

Introduction

  1. These Terms have been drawn up on the basis of the applicable provisions of law.
  2. The subject of these Terms are the conditions of operation of the la-joliesse.com website located at /.
  3. The Terms set out the rights and obligations of the Service Users, as well as the rights, obligations and scope of liability of the Administrator as the entity managing and operating the Service.
  4. Every User is obliged to read the Terms immediately after the website containing the Service is displayed, before starting to use the Service. Using the Service is tantamount to accepting all provisions of the Terms and obliges the User to comply with them.
  5. Using the Service requires no registration and is free of charge.

§ 2

Definitions

The terms used in the Terms mean:

  1. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (General Data Protection Regulation) (OJ EU L 2016 No. 119, pp. 1-88);
  2. UŚDE – the Polish Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 2017.1219 consolidated text);
  3. Administrator is the entity providing the service of making the Service resources available to the Service Users. The Administrator is LaJoliesse based in Warsaw (03-901), registered at the Office of the Capital City of Warsaw in Warsaw;
  4. Administrator is, in accordance with Art. 4 point 7 of the GDPR, a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. The administrator of the personal data of the Service Users is LaJoliesse based in Warsaw (03-901), registered at the Office of the Capital City of Warsaw in Warsaw;
  5. User is a natural person with at least limited legal capacity who uses the fashion and lifestyle resources of the Service made available to them by the Administrator without going through a registration process in the Service. A person with limited legal capacity is a minor who has reached the age of thirteen, and a partially incapacitated person.
  6. Service – is the website located at the following address: //. The Service is an online platform comprising various kinds of online services, enabling Users to use the Service resources made available to them by the Administrator, mainly on fashion and lifestyle topics, to add their own comments under selected content published by the editors and other Users, to take part in surveys organised by the Administrator, to take part in competitions organised by the Administrator, and also providing Users with other electronic services indicated in the Service.
  7. Cookies – IT data stored on the end device of the Service User, intended for using the Service by adapting the Service content to the individual preferences of the User. Cookies make it possible to recognise the device of the Service User and to display a website adapted to individual preferences. In addition, these files speed up the loading of some elements of the Service and make it possible to create statistics aimed at improving the structure and content of the Service. Cookies most often have a unique number and contain the name of the website they come from, as well as the time they are stored on the end device.
  8. Terms is this document governing the rights and obligations of Users and the Administrator. The Terms are available at the registered office of the Administrator and on the website at /. These Terms of access to the Service have been created on the basis of the UŚDE and other provisions of law.

§ 3

Subject of the Service access

    1. The service provided on the basis of these Terms includes, among others:
  2. use by Users of the fashion and lifestyle Service content specified by the Administrator, available without a registration process,
  3. the possibility to take part in surveys prepared by the Administrator;
  4. the possibility to take part in competitions organised by the Administrator;
  5. adding their own comments under selected materials published by the editors and other Users.
    1. The User may use electronic services other than those specified in the Terms – made available by the Administrator in the Service – as well as take part in games and competitions organised by the Administrator via the Service.
    2. The use of the services and participation in the games and competitions referred to in the previous sentence takes place on the basis of specific regulations, in particular on the basis of the relevant terms, price lists, general contract terms, public promises, etc.
    3. In cases where the specific regulations referred to in sec. 3 apply, only those provisions of the Terms that cannot be reconciled with the specific regulations do not apply.

§ 4

Rules of using the Service

  1. The owner of the Service is the Administrator.
  2. The subject of the activity of the Service is making lifestyle Service resources available to Users.
  3. A User who wants to use the Service must have access to the Internet, including a program for browsing its resources (a browser) that accepts cookies.
  4. The name of the Service, its concept, graphic design and database are subject to legal protection. In this respect, the Service is a product constituting the intellectual property of the Administrator or to which the Administrator holds economic copyrights granted under licence by third parties.
  5. Costs arising from the User's use of means of distance communication in order to use the Service are borne by the User, in accordance with the agreement concluded by them with the entity providing such means of communication.
  6. Details regarding data processing are included in the privacy policy.

§ 5

Cookies

  1. The following types of cookies may be used in the Service:
    1. session cookies – which remain on the User's device until logging out of the website or until the option of storing cookies in a given web browser is disabled,
    2. persistent cookies – which remain on the User's device for the period specified in the cookie settings in the web browser options or until manually deleted by the user;
    3. necessary cookies – which enable the use of services available within the Service, e.g. authenticating cookies used for services requiring authentication within the Service;
    4. security cookies – which serve to ensure security, e.g. used to detect abuse in authentication within the Service;
    5. functional cookies – which make it possible to save User settings and personalise the User interface;
    6. marketing cookies – which make it possible to deliver advertising content tailored to their interests to Users.
  2. Apart from the information contained in cookies, the Service does not automatically collect any information.
  3. Web browsers by default allow cookies to operate. The User may disable cookie functions at any time. In addition, cookie settings may be changed so as to block the automatic handling of cookies in the web browser settings or to inform about each placement on the device of the Service User. The User acknowledges that limiting the use of cookies may sometimes affect the functionality of the Service, such as keeping the User logged in or remembering passwords.
  4. Cookies do not threaten the computer system of Users.

§ 6

Personal data protection

  1. The administrator within the meaning of the GDPR is LaJoliesse (Data Administrator).
  2. When the Service website is displayed, an agreement for the provision of electronic services is concluded. The Data Administrator may also process the operational data indicated in Art. 18 of the UŚDE and to the extent specified therein.
  3. The Data Administrator processes personal data in accordance with the provisions of the GDPR. In the cases and on the terms specified in the GDPR and in the UŚDE, the User has the right to withdraw consent to data processing at any time, to request access to the data provided, its rectification, erasure or restriction of processing, data portability to another administrator, to object to data processing for direct marketing purposes. The User may also lodge a complaint with the President of the Personal Data Protection Office. Questions regarding personal data protection can be sent to [email protected]
  4. The Data Administrator is entitled to share personal data with entities authorised under the relevant provisions of law.
  5. After obtaining the User's consent (expressed by accepting the prompt about the need to obtain such consent), data in the form of cookies will be collected by the Administrator, which will serve to improve the Services provided by the Provider and for advertising.
  6. In addition, information will be collected about the date a comment was added by the User and the IP address of the computer from which the comment or submitted material was sent.
  7. Details regarding data processing are included in the Privacy Policy.

§ 7

Terms of using the Service

  1. Actions that may hinder or destabilise the operation of the Service are not permitted. If such actions by the User are suspected, the Administrator has the right to take appropriate steps, including removing the effects of such actions. Actions by the User aimed at destabilising the Service constitute a prohibited act within the meaning of applicable law. In such a situation, the Administrator is entitled to take appropriate steps, including those aimed at repairing the damage suffered by them.
  2. By entering the Service or by accepting the registration form, the User undertakes to:
    1. respect economic copyrights and rights arising from the registration of industrial designs as well as protective rights to trademarks, utility models and patent rights to the inventions of the Administrator and other entities,
    2. refrain from any actions that would violate the privacy of other Users, primarily consisting in collecting, processing and disseminating information about other Users without a valid basis for data processing,
    3. refrain from any actions that could hinder or disrupt the functioning of the Service,
    4. not take any actions to the detriment of the Administrator, Users and other entities,
    5. comply with the principles of social conduct and moral norms accepted in society.
  3. In the event of placing content in the Service constituting a work within the meaning of the Act of February 1994 on copyright and related rights (consolidated text, Journal of Laws of 2006, No. 90, item 631 as amended), the User grants the Administrator free of charge a non-exclusive licence to use the shared works for the needs of providing services in the Service. The User thereby waives all claims against the Administrator in the event of their use, including copying, recording and dissemination for purposes related to the activity of the Service, as well as removal from the Service.
  4. It is forbidden to use the Service in a manner contrary to or inconsistent with its purpose. In particular, it is inadmissible to post pornographic content, content violating both Polish and international legal and moral norms, depicting or propagating violence, hatred, discrimination based on race, culture, ethnic or philosophical origin, violating personal rights or offending the dignity of others. It is also forbidden to send spam and unsolicited commercial information and to conduct commercial, advertising or promotional activity.
  5. The Administrator is not responsible for content transmitted and published by Users. The Administrator reserves the right to edit, shorten or delete texts prohibited by law, vulgar, offensive or otherwise violating the principles of social conduct.

§ 8

Liability

  1. A User posting prohibited content may bear criminal and civil liability towards the Administrator or other persons.
  2. The Administrator is not liable if claims related to the publication of User content are directed to them by other persons. Liability in this respect lies with the User who published the said content.

§ 9

Complaints

  1. The User may submit complaints about the functioning of the Service to the Administrator.
  2. The subject of a complaint may be an allegation that a service provided via the Service is performed inconsistently with the conditions and principles set out in these Terms.
  3. The User may file a complaint regarding non-performance or improper performance of the Administrator's obligations arising from the Terms:
    1. by email to: [email protected],
    2. orally for the record at the registered office of the Administrator in Warsaw, postal code 03-901, Al. Ks. J. Poniatowskiego 1;
  4. The date of filing a complaint is:
    1. written – the date the complaint notification is received at the correspondence address of the Administrator,
    2. by email – the date indicated in the confirmation of receipt of the electronic message,
    3. orally for the record – the date the record is drawn up.
  5. The complaint notification should specify the User's data and a concise description of the objections and comments raised.
  6. The Administrator will consider complaint notifications within 14 days of filing the complaint. If no response is given within the above period, the complaint is deemed accepted in accordance with the User's request.
  7. If a complaint filed by the User is not accepted in whole or in part, the User may at any time take the matter to court. The User has the right to go to court before exhausting the complaint procedure.
  8. In the event of a positive consideration of the complaint, the Administrator will satisfy the accepted claims of the User immediately, no later than within 14 days of responding to the complaint.

§ 10

Technical requirements

  1. The Administrator will provide services using the technical means they deem optimal for the proper performance of their obligations.
  2. The Administrator will take the necessary technical and organisational measures to ensure the security of transmission between the Administrator's server and the User's end device.
  3. To use the Service, the User must have a computer with Internet access.

§ 11

Amendments to the Terms

  1. The Administrator reserves the right to amend the Terms for important technical, legal or organisational reasons. An amendment to the Terms becomes effective on the date indicated by the Administrator, no earlier than 7 days after the amended Terms are made available on the Service website.
  2. Notwithstanding the above, the Administrator may at any time issue new Terms of service or amend the content of the terms of specific services, in the event of:
  • amendments by authorised state bodies to legal provisions or rulings having or potentially having an impact on the rights and obligations of the parties as defined by the agreement, or affecting or potentially affecting the manner of providing the service, or provisions or rulings imposing specific obligations or granting specific rights to the parties to the agreement, or imposing specific obligations on third parties, or tax provisions or other provisions imposing new taxes or fees or changing the manner of their fulfilment,
  • changes in the technical conditions of providing services, including those related to technical or technological progress,
  • changes caused by technological progress or decisions of authorities in the rules of Internet communication or in the organisational rules of the Internet,
  • force majeure,
  • organisational changes or legal transformations of the Administrator, including those that do not result in legal succession, with the proviso that a change of the Administrator's name does not constitute an amendment to the Terms.
  • a change of the entity providing another service.

§ 12

Final provisions

  1. The Terms are available at /.
  2. Contact with the Administrator is also possible via email: [email protected].
  3. In the event of amendment or invalidation, by virtue of a final court judgment, of any of the provisions of these Terms, the remaining provisions remain in force and bind the parties.