Regulamin

Kliniki Lepszego Dnia

I. Introduction

These Rules and Regulations of the Better Day Clinic define in particular:

1. types and scope of services provided by the Better Day Clinic;

2. conditions of concluding and terminating contracts with the Better Day Clinic;

3. complaints.

II. Definitions

The definitions used in these Regulations shall mean the following:

1. Klinika - Klinika Lepszego Dnia - Franty - with registered office in Sulejówek 05-070, ul Krasickiego 30, NIP 8222088867 Regon: 712538949 providing psychological, psychotherapeutic help services in Warsaw at ul. Darwina 12 m.42 and in selected cases online.

2. Privacy Policy - a separate document regulating the general principles of personal data processing and operation of the www.klinikalepszegodnia.pl;

3. Regulations - these regulations;

4. Contract - a contract concluded between the User and the Better Day Clinic in the manner and according to the rules specified in these Regulations, on the basis of which the Better Day Clinic provides the User with Services;

5. Services - services provided by the Better Day Clinic selected by the User from the selection made available by the Better Day Clinic at: https://klinikalepszegodnia.bookero.pl

III. Better Day Clinic assistance

1. This version of the Terms and Conditions was published and entered into force on: 12 April 2024 at 10.00 a.m.The Better Day Clinic is a centre for psychological, psychotherapeutic and sexological assistance. In order to provide services to Users, the Better Day Clinic cooperates with psychologists and psychotherapists, coaches, sexologists (collectively below as "Therapists").

2. Therapists providing psychotherapeutic assistance:

3. scomply with the Code of Ethics of the Polish Psychological Association and the Polish Psychiatric Association including, in particular, the observance of professional secrecy. Disclosure of information covered by professional secrecy may only take place if the health or life of the User or other persons is seriously endangered or if so stipulated by law,

4. agree individually with the User on the frequency and manner in which they will provide assistance, and unless expressly agreed otherwise, the rules set out in these Terms and Conditions shall apply.

5. All content of the www.klinikalepszegodnia.pl website does not constitute an offer within the meaning of the generally applicable law, including in particular the provisions of the Civil Code.
   

IV. Appointment of consultation/Contract

A consultation with a Therapist can be arranged.​

○      by telephone at: 530842540

○      by email to kontakt@klinikalepszegodnia.pl○ via the Bookero application:

○      za pomocą aplikacji Bookero: https://klinikalepszegodnia.bookero.pl

2. After the User has directed a request for arranging a consultation, an employee of the Better Day Clinic agrees with the User (by phone, text message or email) the date and place of the consultation, the price of the consultation, and which Therapist will perform the service. The Better Day Clinic obtains from the User a request to provide complete data for registration, i.e. name and surname, e-mail address, telephone number, PESEL number, confirmation of familiarisation with and acceptance of these Regulations, consent to the processing of personal data in accordance with the Clinic's Privacy Policy, and confirmation that the User knows that ordering the service entails an obligation to pay. The provision of the Service is only possible if the User accepts these Regulations. If the User refuses to accept the Terms and Conditions, the User is deemed to have withdrawn from the Agreement. Once the date and place of the appointment have been agreed and the Therapist has been assigned to the User, the Better Day Clinic confirms the date and place of the consultation, its price and the choice of the Therapist with an SMS message. As soon as the SMS confirming the first service is sent, it is assumed that a Contract is concluded between the Better Day Clinic and the User, which entails compliance with these Regulations. Before the session or within three days after each subsequent session, the User is obliged to make a payment in accordance with these Regulations. Failure to pay may result in immediate termination of the contract by the Better Day Clinic, of which the User will be informed by text message. Lack of payment for the session and loss of the appointment shall not be understood as termination of the contract between the User and the Better Day Clinic by the User, for which purpose the User should fulfil the conditions set out in point VII of these Regulations.

3. Bookings through the Bookero application are made by the mechanism provided by a third party: SAFI STUDIO Paweł Nowakowski company with its registered office in Dębina, ul. Spacerowa 25, 05-152 Czosnów, NIP: 5311610855.
   The use of the booking mechanism takes place on the basis of the Bookero Regulations, available at https://www.bookero.pl/regulamin. During the booking process, the User will be asked by Bookero to accept Bookero's legal documents. Bookero is an entity independent of the Better Day Clinic. The Better Day Clinic is not responsible for the malfunctioning of the Bookero service.
   With the sending of an email confirming the first session at the Better Day Clinic, it is assumed that a contract is concluded between the Better Day Clinic, which entails compliance with these Terms and Conditions. Arranging the first session via bookero involves the obligation to pay for the session. Failure to pay for the session means that the session has not been arranged.

V. Payment for consultation

1. The prices of the services provided by the Better Day Clinic are specified in the price list available at www.klinikalepszegodnia.pl

2. A prepayment of 100% of the price for a given consultation is made before each session. Making the prepayment before the session is a necessary condition for confirming the date and place of the consultation and that the consultation will take place and that a contract has been concluded between the Better Day Clinic and the user. Failure to pay may result in immediate termination of the contract by the Better Day Clinic, of which the User will be informed by text message. Lack of payment for the session and loss of the appointment shall not be construed as termination of the contract with the Better Day Clinic by the User, for which purpose the User should fulfil the conditions set out in point VII of these Regulations.

3. Payment should be made within 3 hours of arranging the first consultation via PayU via a link from the bookero system.

4. Payment for the second and subsequent sessions is made via a link generated from the bookero system (PayU) within 5 days and a maximum of two days before the appointment or within 3 days after the session via the payment link available on the invoice. Non-payment may result in immediate termination of the contract by the Better Day Clinic, of which the User will be informed by text message. Non-payment for a session may result in the blocking of the use of the session until payment is made and the loss of the existing appointment.

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VI. Withdrawal from the Agreement

1. In the case of an Agreement concluded with a User who is a consumer, who concludes an Agreement not directly related to his/her economic or professional activity, the User may withdraw from the Agreement within 14 days from the date of conclusion of the Agreement, without having to give any reason for withdrawal and without any costs. A consumer is also understood as a natural person for whom the conclusion of the Contract is directly related to his/her business activity, and the Contract does not have a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

2. Withdrawal from the Agreement within 14 days is made in the manner described in point IX (cancellation of consultation date) of these Regulations can be sent to kontakt@klinikalepszegodnia.pl.

3. The Clinic hereby informs that the right to withdraw from the Agreement does not apply if the Clinic has performed the Service in full with the express consent of the User who is a consumer and who has been informed before the provision of the Service that after the performance of the Service by the User he/she will lose the right to withdraw from the Agreement. The User shall receive the above information with the delivery of these Terms and Conditions to the User.

4. The Clinic informs that if the Services have been provided in whole or in part at the User's express request (recorded on a durable medium) before the expiry of the 14-day period for withdrawal from the Agreement, the User is obliged to pay for the part of the Services that was provided before the withdrawal from the Agreement.

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 VII. Termination of the Agreement

1. The User may terminate the Agreement with immediate effect at any time also after the lapse of 14 days, and in the event that this occurs after the lapse of 14 days from the date of conclusion of the Agreement, or if the provision of services occurs before the lapse of 14 days at the express request of the User, mutual settlements shall take place according to the principles specified in point VIII (cancellation of the consultation period) of these Regulations.

2. The Clinic may terminate the Agreement with immediate effect at any time, in which case the Clinic shall return the amounts paid by the User for that part of the service which has not yet been provided, mutual settlements shall take place according to the principles set out in point IX (cancellation of the consultation period) of these Regulations.

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VIII. Cancellation of a consultation

1. The User can cancel a consultation by calling 530842540 or sending an e-mail to kontakt@klinikalepszegodnia.pl not later than 48 hours before the appointment. In such a case, the Clinic either refunds the User the amounts paid so far for the cancelled consultation or, if agreed with the User, arranges another consultation date, crediting the previously paid

2. amounts towards the new consultation date. An SMS message with a new consultation date sent to the User shall constitute confirmation of the new consultation date and a change in the agreement in this respect.Cancellation of a consultation by a User who has signed up for the first consultation/session for less than 48 hours results in the loss of the appointment and the prepayment made for the cancelled appointment, unless there is an exceptional case justified by force majeure. In such a case, the Clinic shall either refund the User the amounts already paid for the cancelled consultation or, if agreed with the User, arrange another consultation date, crediting the previously paid amounts towards the new consultation date. An SMS message with a new consultation date sent to the User shall constitute confirmation of the new consultation date and a change in the agreement in this respect.

3. Cancellation of a consultation by a User who has signed up for a second or subsequent consultation/session less than 48 hours before the agreed date will result in the loss of the appointment and the need to pay the full cost of the cancelled session, unless there is an exceptional case justified by force majeure.

4. In the event that a consultation with an agreed Therapist cannot take place at the agreed date or location, for reasons for which the Clinic is responsible, the Clinic shall, at the User's option:

• either refunds to the User the amounts paid to date for such consultation and assumes that it is cancelled,

• or, if agreed with the User, arrange another consultation date, crediting the previously paid amounts towards the new consultation date.
  An SMS message with a new date or place of consultation or therapist sent to the User shall constitute confirmation of the new date or place of consultation or therapist and a change of the agreement in this respect.

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IX. Provision of services by electronic means

1. Consultations may be provided via online programs such as Zoom, Skype.

2. The provisions of these Regulations shall apply to the agreement concluded between the Better Day Clinic and the User regarding consultations provided by electronic means.

3. In order to carry out the consultation electronically correctly, the User should have a device and software meeting the following minimum requirements:

• access to the Internet;

• an installed and updated antivirus programme;

• Cookies and Java Script enabled;

• software enabling the use of Skype or another application for communication between the User and the Professional;

• a device equipped with a microphone and loudspeaker/headphones;

• a place to ensure confidentiality and the freedom and comfort of the conversation.

4. It is strictly forbidden to record sessions. The User must ensure confidentiality during the session; no third party is allowed in the room during the session.

5. The Professional may only record sessions for training purposes with the written consent of the User.

X. Complaints

1. The User has the right to lodge a complaint concerning the provision of the Services under these Terms and Conditions within 14 days from the date of consultation after the termination of the Agreement.

2. A complaint may be sent by e-mail to: kontakt@klinikalepszegodnia.pl.

3. A complaint should include the exact designation of the User (first name, surname, PESEL, e-mail and correspondence address) and a detailed description of the circumstances giving rise to the complaint.

4. The Better Day Clinic shall consider the complaint within 30 days of its receipt.

5. A response to the complaint shall be sent to the e-mail address indicated by the complainant.

6. If the complaint is accepted, the Clinic will refund part/full of the price of the Service to the User.

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XI. Disputes

1. The competent court for disputes arising in connection with the application of the Terms and Conditions or arising in connection with the Services provided shall be the competent court for the registered office of the Better Day Clinic, unless the Contract has been concluded with a User who is a consumer, in which case the competent court shall be the court of general jurisdiction.

XII. Personal Data

1. The rules for processing personal data are available in the Privacy Policy available at: 
    https://www.klinikalepszegodnia.pl/rodo

XIII. Final provisions

1. In matters not covered by the Regulations, general provisions of the Civil Code shall prevail.

2. The Better Day Clinic reserves the right to introduce changes to the Regulations. Contracts concluded before the Rules and Regulations were amended shall be governed by the Rules and Regulations in force on the date of conclusion of the Contract, with the exception of new provisions of the Rules and Regulations that are more beneficial to the User (such provisions shall also apply to contracts concluded before the amendment to the Rules and Regulations came into effect).

3. The law applicable to these Terms and Conditions and to agreements for the provision of services by electronic means concluded on the basis thereof shall be the law of Poland.

4. The court competent to handle disputes arising in connection with the application of the Regulations or resulting from the provided Services shall be the court competent for the registered office of the Better Day Clinic, unless the Agreement has been concluded with a consumer, in which case the court of general jurisdiction shall be competent.

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This version of the Terms and Conditions was published and entered into force on: 12 April 2024 at 10.00 a.m.

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