Documents

    Terms and Conditions of mymagictour.com

    This document is available in Polish and English. The Polish version is the legally binding one.

    Before starting to use the website, every user is required to read the provisions of these Terms and Conditions and the Privacy Policy.

    I. General provisions

    1. The website operating at https://mymagictour.com/ is run by: MY MAGIC TOUR Sp. z o.o. (limited liability company) with its registered office in Osielsko (86-031) at ul. Centralna 12A, KRS 0001132811, NIP 5543029358, REGON 529923206, e-mail: hello@mymagictour.com.
    2. The Terms and Conditions are continuously available on the website in a manner that allows them to be obtained, reproduced and recorded (printed, saved to a durable medium).
    3. The website operates on the terms set out in these Terms and Conditions.
    4. The Terms and Conditions specify the types and scope of services provided electronically, the rules for providing them, the conditions for concluding and terminating contracts, and the complaint procedure.
    5. Every Customer is required to comply with the Terms and Conditions from the moment they take steps to use the Website's services.
    6. Placing an Order is conditional on reading the Terms and Conditions and accepting its provisions.
    7. The Website sells Services over the Internet within the territory of the Republic of Poland.

    All trade names, materials, descriptions and photographs used on the Website are for informational purposes.

    The Service Provider informs that using services provided electronically may involve the risk of malicious software being introduced or data being obtained by unauthorised persons. The Customer should use appropriate technical measures (antivirus software, firewall).

    II. Definitions

    1. Working Days - days from Monday to Friday, excluding statutory public holidays.
    2. Customer - a natural person with full legal capacity, a person conducting business activity, a legal person or an organisational unit with legal capacity, placing an Order on the Website.
    3. Consumer - a Customer entering into an Agreement for a purpose not directly related to their business or professional activity.
    4. Postal operator - an entrepreneur authorised to conduct postal activity.
    5. Fee - the remuneration of the Service Provider for the Services provided, as indicated on the website.
    6. Representative - a collaborator of the Service Provider performing activities aimed at delivering the Service.
    7. Terms and Conditions - these terms and conditions.
    8. Website - the website at https://mymagictour.com/.
    9. Online shop - the sales platform run as part of the Website.
    10. Durable medium - a material or tool enabling information to be stored in a way that allows access to it in the future.
    11. Service - a service described in detail on the product page, not constituting a package travel service within the meaning of the Act on Package Travel and Linked Travel Arrangements (Dz.U. of 2017, item 2361, as amended).
    12. Agreement - the agreement concluded between the Customer and the Service Provider as a result of a properly placed and paid Order.
    13. Service Provider - MY MAGIC TOUR Sp. z o.o., details as in point I.1.
    14. Order - a declaration of intent by the Customer directly aimed at concluding an Agreement.

    III. Rules for using the Website

    Using the Website requires meeting the following minimum technical requirements:

    • a computer or mobile device with Internet access,
    • access to e-mail,
    • an up-to-date web browser (Chrome, Firefox, Safari, Edge),
    • Cookies enabled.

    In particular, the Customer is obliged to:

    • not provide content prohibited by law (violence, defamation, infringement of personal rights),
    • use the Website in a way that does not disrupt its functioning,
    • refrain from spamming,
    • use the Website in a way that is not burdensome for other Customers and the Service Provider,
    • use the content of the Website only within the scope of their own personal use,
    • comply with Polish law, the provisions of the Terms and Conditions, and the general rules of using the internet.

    IV. Electronic services - terms of provision

    1. The Service Provider enables the Account on the Website to be maintained free of charge, 24/7.
    2. The Account is available after registration by completing and accepting the form. The Agreement is concluded for an indefinite period and is terminated upon a request to delete the Account.
    3. The Service Provider has the right to place advertising content on the Website constituting an integral part of the materials presented.
    4. The Service Provider may organise contests and promotions, the terms of which will be announced on the Website on each occasion. Promotions may not be combined unless the promotion's rules state otherwise.
    5. In the event of a breach of the Terms and Conditions, the Service Provider may, after an unsuccessful request to remedy the breach, terminate the agreement with 14 days' notice.

    V. Conditions for concluding Sales Agreements

    1. Information about Services (descriptions, duration, prices) constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.
    2. The Service Provider reserves the possibility of discrepancies between the description of a Service and its actual course. Photographs are for illustrative purposes only.
    3. Placing an Order is conditional on having an active Account and an e-mail address.
    4. An Order placed via the form or payment portals constitutes an offer to conclude an Agreement.
    5. An offer submitted electronically is binding on the Customer at the moment the Order is placed and the Fee is paid.
    6. By making a purchase, the Customer confirms that they have read the content of the Agreement, the Terms and Conditions and the Privacy Policy, as well as information about the right to withdraw from the Agreement.
    7. The Agreement is concluded in Polish, with content consistent with the Terms and Conditions.

    VI. Conditions of participation

    1. Concluding the Agreement is tantamount to the Customer declaring that they are aware of the subject, scope and purpose of the Service. The Service Provider sends the Agreement to the Customer's e-mail address on a Durable Medium.
    2. A Customer undergoing treatment or having medical conditions is required to consult a doctor and obtain written confirmation of no contraindications to participation.
    3. The Service Provider reserves the right to make changes to the Service (place, manner of performance, Representative), as well as to cancel the Service for a valid reason - solely an objective impossibility of performance.
    4. In the event of changes, the Service Provider will notify the Customer by e-mail:
      • it is not liable for changes or cancellation, and in the event of cancellation it is obliged to refund the Fee;
      • the Customer retains the right to change the date on which the Service is performed.
    5. The Customer acknowledges that the course of the Service may be recorded on audio-video and consents to their image being recorded and to media containing their image being put into circulation.
    6. For paid Services, the Customer may transfer the right to participate to an indicated person, notifying the Service Provider no later than 14 Working Days before the Service begins.
    7. The Consumer acknowledges that, pursuant to Article 38 points 12–13 of the Act of 30 May 2014 on Consumer Rights, they are not entitled to the statutory right of withdrawal from the agreement.
    8. In the event of force majeure (fire, flood, strikes, war, power outages) the Service Provider may postpone the performance of Services to another date or move it to another location.
    9. The Service Provider reserves the right to withdraw from the Agreement in the event of force majeure.

    VII. Prices, payment methods, invoices

    1. Please note: the prices of Services shown on the website and in marketing materials are net prices (in PLN, EUR or USD according to the product page). If a given service is subject to VAT, that tax will be added to the net price in accordance with the applicable provisions of the Act of 11 March 2004 on Tax on Goods and Services.
    2. The Service Provider does not provide the Customer with transport or accommodation, unless the product page states otherwise.
    3. The price shown on the website is binding at the time the Order is placed and does not change.
    4. The Customer may choose the following payment methods:
      • bank transfer to the Service Provider's account,
      • electronic payment (T-pay).
    5. In the event of non-payment within the deadline, the Service Provider may, after an unsuccessful request to pay, withdraw from the Agreement pursuant to Article 491 of the Civil Code.
    6. Full payment must be made before the Service begins. The date on which the Service Provider's bank account is credited is deemed to be the payment date.
    7. The Customer agrees to receive VAT invoices and corrections electronically.
    8. Anyone wishing to receive a VAT invoice is required to report this before making payment and to provide their tax ID (NIP). Once payment has been made, it is not possible to request a VAT invoice.
    9. Refunds based on a VAT invoice are made after receipt of the correction invoice signed by the buyer.

    VIII. Termination of agreements / withdrawal

    1. The Consumer may withdraw from the Agreement without giving a reason within 14 days (specimen declaration - Annex No. 1). It is sufficient to submit the declaration before the deadline expires.
    2. The 14-day period is counted from the date the Agreement is concluded.
    3. Upon receipt of the declaration, the Service Provider will send the Consumer an e-mail confirming its receipt.
    4. In the event of withdrawal, the Agreement is deemed not to have been concluded.
    5. The Service Provider will refund all payments made no later than within 14 days of receiving the declaration.
    6. The refund is made using the same method of payment, unless the Consumer agrees to a different method - without incurring any costs.

    Please remember: pursuant to point VI.7, the right of withdrawal may not apply to certain travel Services.

    IX. Complaints

    1. Complaints can be submitted in writing to: ul. Centralna 12A, 86-031 Osielsko, Poland or by e-mail: hello@mymagictour.com.
    2. The complaint should include the Customer's details, correspondence address, description of the problem, the request, and its justification.
    3. The Service Provider will handle the complaint within 14 days. If it is incomplete, it will request that it be supplemented within 7 days.
    4. A response is sent to the e-mail address or correspondence address provided.

    X. Protection of personal data

    1. The data controller is MY MAGIC TOUR Sp. z o.o. (details as in point I.1).
    2. The Controller processes data in accordance with the Privacy Policy and applicable regulations. The Customer has the right to access, correct and delete their data.
    3. The Privacy Policy is available on the Website 24/7.

    XI. Final provisions

    1. Agreements concluded via the Website are concluded in accordance with Polish law.
    2. If any part of the Terms and Conditions is inconsistent with the law, the relevant provisions of Polish law shall apply.
    3. Disputes will first be resolved through negotiation.
    4. Disputes between the Service Provider and the Consumer are subject to the courts having jurisdiction under the Code of Civil Procedure.
    5. The Consumer may make use of out-of-court methods of handling complaints:
      • a permanent amicable consumer court at the Trade Inspectorate,
      • the provincial inspector of the Trade Inspectorate (mediation proceedings),
      • free assistance from a consumer ombudsman or the Consumer Federation (helpline 800 007 707),
      • the ODR platform: ec.europa.eu/consumers/odr.
    6. Matters not regulated herein are governed by the Civil Code, the Act on Providing Services by Electronic Means, the Act on Consumer Rights, and other provisions of Polish law.
    7. The Customer will be informed of changes to the Terms and Conditions on the website. Customers with an Account will additionally be informed by e-mail. Failure to accept the new content within 14 days will result in termination of the Agreement.
    8. These Terms and Conditions apply from 1 December 2023.

    Annex No. 1 - Specimen withdrawal form

    Artificial intelligence tools were used as a support in preparing this website. The content has been reviewed and verified by Jolanta Kobierowska.