Cell God

God is omnipresent, in You and around You. God is present in all forms of life.

Website Regulations

Terms and conditions of the website
Cell God

§1 Basic definitions
§2 General Provisions
§3 Terms of Service
§4 contract for the provision of services
§5 complaints procedure
§6 withdrawal of compulsory instruction
§7 warranty
§8 liability
§9 out-of-court procedures for handling complaints and pursuing claims
§10 provisions concerning entrepreneurs
§11 Methods Of Payment
§12 final provisions

Introduction

Terms Of Service. These Terms and Conditions govern the use of the above-mentioned website, the rights and obligations of the user and the website under applicable law. The regulations consist of four main parts: A) in § 1 to 3-there are general provisions of these regulations; B) in § 4-the registration process is described; C) in § 5 to 7-contained regulations related to the statement of defects in services as well as the right to withdraw from the provision and use of services; d) in § 8 to 10-all other regulations, including final ones, are included.

§1 Basic definitions

1. Website/service provider – the website available at the address of this website, which is also a service provider. The owner of the Website is Tomasz Mikulski, doing business under the company Tomasz Mikulski ROTAAK with its Registered office in Nowa Jablona 65, postcode 67-312, Poland, with tax identification number 9241681578, REGON 381341705

  1. Address of the owner – whenever the address of the owner is mentioned in the regulations, the following data shall be understood: a) E-mail address: contact@cellgod.live
    1. User / service recipient – a natural person who is over 18 years of age and has full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to whom the law grants legal capacity, who has concluded or intends to conclude a contract with the website. In accordance with Article 8 para. In accordance with Article 2 (2) of the GDPR, the controller, taking into account the available technology, shall make reasonable efforts to verify that the person exercising parental authority or custody of the child (under 16 years of age) has given consent or approved it.
    2. Consumer-art. 221 CC: a natural person performing a legal act with an internet service not directly related to his or her business or professional activity.
    3. Distance agreement-means an agreement concluded between the website and the user within the framework of an organized procedure of the distance agreement system, without the need for both parties to the agreement to participate in one place and time, concluded using one or more means necessary for distance communication up to and including the time of conclusion of the agreement.
    4. Account-the functionality of the service allowing the collection of user data provided by him / her during the registration of the account and during the use of the service, allowing (after payment of a fee) access to content that is visible only to a certain group of premium Users.
    5. Price reductions – possible discounts, promotions and price reductions can be checked on the chart at the displayed price of the product. The price history can be viewed 30 days back. Prices are recorded verifiably and automatically.
    6. Prices-the prices of products on the website are fixed at any given time and are not affected by any pricing algorithms, regardless of how the customer gets to the site, what browsers they use. It does not matter gender, age, etc.
    7. Service – functionality of the website described in these Terms and conditions made available to the user by the service provider, in particular the ability to access content, news, constituting services provided electronically within the meaning of the provisions of the act of 18 July 2002 on the provision of services by electronic means (i.e.: Journal of Laws of 2020, item 344 as amended).;
    8. Subscription – paid, access to content, provided as part of selected content offered by the service provider on the website of the service after payment;
    9. Act on Consumer Rights, Act-Act of 30 May 2014 on Consumer Rights (Journal of laws of 2014 item 827 as amended).
    10. GDPR-EU Council Regulation 2016/679 (of 27 April 2016, Journal of laws. The EU.119).

§2 General Provisions

1. The website hereby declares that it undertakes to provide services to the customer in a reliable manner and in accordance with applicable law, the principles of social coexistence and in the manner regulated in these Terms and conditions.
2. The seller declares that in connection with the entry into force throughout Europe of the legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on opinions: entrepreneurs who provide opinions must inform whether and how it is ensured that the published opinions come from consumers who have used or purchased the product. The measures taken for this purpose must be specifically listed.
3. We declare that the reviews posted on our site come from real customers who have used our services. Reviews were issued in accordance with the sent request for their issuance after confirmation that the client has used the trip. We provide the ability to import reviews posted on the Google tab in the business cards section of our company. We promise to complete all formalities and efforts so that the opinions are real and correspond to the truth and those issued are not properly removed.
4. Mandatory legal bases of the above regulations:
(a) Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards better enforcement and modernisation of Union consumer protection rules, OJ L 328, 18.12.2019, pp. 7-28.
B) falsification of opinions on the internet-consumer experience, based on a study by PBS SP. z O. O. commissioned by UOKIK, publication available https://uokik.gov.pl/aktualnosci.php?news_id=17411
(c) directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) no 2006/2004 of the European Parliament and of the commercial practices’) (OJ l 149, 11.6.2005, p. 22-39, P. changes).
(d) communication from the Commission – guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1-129.
(e) directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64-88,. changes).
5. The website declares that it complies with all the required rules for the protection of personal data of service recipients, which are provided, inter alia, by the act of 10 May 2018 on the protection of personal data and in accordance with the provisions of the GDPR. The service user agrees to the collection, storage and processing of personal data by the website only for the purpose directly related to the performance of the website’s tasks. Detailed conditions for the collection, processing and protection of personal data by the website are set out in the „Privacy Policy” of the website.
6. The user has the opportunity to read the terms and conditions, accepting its content at the time of conclusion of the agreement. In order to use the website and conclude the agreement, it is necessary to accept the provisions of the terms and conditions.
7. The administrator of personal data is the owner of the website, and these data are protected in accordance with the act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the GDPR
8. The controller shall implement suitable technical and organisational measures to ensure the protection of personal data in accordance with the country-specific data protection regulations applicable to him. First of all, it protects data against their disclosure, taking, processing, loss, change, damage or destruction by unauthorized persons.
9. Each data subject shall have the right granted by the European legislator to object at any time to processing of personal data concerning him or her.:
a) supervise and control the processing of personal data for which the website maintains a collection of data of users of the website;
b) to obtain comprehensive information whether such a collection exists and is maintained by the website;
C) determine who the data controller is, determine his address, registered office, name, in a situation where the controller is a natural person to determine his name and surname; and the situation when the administrator is a natural person to determine his name and place of residence;
d) obtain information about the purpose, scope, Method, time of processing of data contained in such a collection;
e) obtain information in a generally understandable form about the content of these data;
F) knowledge of the source from which the data relating to it originate, unless the data controller is obliged to keep confidential information or to maintain professional secrecy in this regard;
g) request the completion, updating, rectification, temporary suspension or deletion of personal data if they are incomplete, outdated, untrue or have been collected in violation of the law or are no longer necessary to achieve the purpose for which they were collected.
10. The user, in accordance with Point 9, has the right to inspect the content of the processed personal data, correct them, as well as request the deletion of this data. The personal data controller is obliged to supplement, update, correct the data, temporarily or permanently suspend the processing or delete them from the collection on an ongoing basis and immediately after the request, unless the request relates to personal data, for which the mode of supplementing, updating or correcting them is determined by separate legal provisions, including the act.
11. The service user agrees to the collection and processing of personal data by the service within the meaning of the act of 10 May 2018 on the protection of personal data and in accordance with the provisions of the GDPR. Data may be transferred to another entity only in the case of legally required or necessary claims.
12. The customer undertakes to use the website in accordance with applicable law and the principles of social coexistence.
13. The customer using the services of the Website is obliged to comply with these Terms and conditions to the extent necessary to perform the tasks of the website and to the extent that does not contradict the applicable law and the principles of social coexistence.
14. The service provider is entitled to make available to the authorized state bodies the content, materials and data, including the IP addresses of the service recipients who used the service in a certain way, in particular when it is necessary for the prevention or prosecution of crimes. In such a situation, the service provider is also not responsible for the possible blocking of access to certain data and information.
15. In accordance with article 556(4) of the Civil Code, the provisions relating to the consumer, with the exception of the second sentence of Article 558 (1), apply to a natural person entering into a contract directly related to his business activity, where it is clear from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject matter of his business activity, made available on the basis of the provisions on Central Business Records and information.
16. Verification of whether a given activity is of a professional nature will be carried out on the basis of the CEiDG — the Central Register and information on economic activity — and specifically on the PKD codes entered there defining the types of economic activity.
17. Sole traders will be entitled to:
* prohibited clauses used in contractual models;
• warranty for defects;
* recourse to the previous seller in connection with the performance of the consumer’s complaint;
* the right to withdraw from a contract concluded at a distance or outside the premises of the company within 14 days;

within 14 days;

18.The provisions concerning the consumer contained in articles 385(1)-385 (3) of the Criminal Code [concerning prohibited contractual provisions] shall apply to a natural person entering into a contract directly related to his or her business activity, when it is clear from the content of this contract that it does not have a professional character for him or her, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions on Central Business Records and information on Business Activity.

§3 Terms of Service

This website provides services by electronic means.

In order to conclude a valid and binding side of the agreement, the customer makes a choice in accordance with the displayed offer of the website, specifying the type and quantity of the service that he intends to purchase. Including the choice of Service, the customer fills in the online order form, indicating in it the data necessary for the execution of the order by the service, such as, for example, the quantity, place and form of payment, based on the messages displayed to the customer and information available on the site and contained in these Terms and Conditions.

if you decide to purchase our service, our team will ask you to provide all the necessary data for the implementation.

The user, within the framework of the user account on the Website, may purchase access to paid content packages published on the website.

The costs associated with access to the Internet and data transmission are borne exclusively by the user in accordance with the tariff of his provider with whom the user has signed a contract for the provision of services.

§4 contract for the provision of services

1. In order to conclude a valid and binding side of the agreement, the customer makes a choice in accordance with the displayed offer of the website, specifying the type and quantity of the service that he intends to purchase. Including the choice of Service, the customer fills in the online order form, indicating in it the data necessary for the execution of the order by the service, such as, for example, the quantity, place and form of payment, based on the messages displayed to the customer and information available on the site and contained in these Terms and Conditions. 2. if you decide to purchase our service, our team will ask you to provide all the necessary data for the implementation. 3. The user, within the framework of the user account on the Website, may purchase access to paid content packages published on the website.

§5 payment methods and complaints procedure

1. Orders placed on the service can only be paid in advance (before the content is made available as part of the subscription). 2. The customer has the right to lodge complaints regarding the services provided by the service provider as part of the website. 3. The entity entitled to consider the complaint is the service provider. 4. Complaints should be sent to the address located in Paragraph 1 point 3 in written or electronic form (e-mail in the subject field of the message should contain the word: „complaint”) and should contain: • the subject of the complaint and the grounds for the complaint, indication and description of the necessary circumstances, * identification of the customer (name, surname, address, e-mail address). 5. The above conditions constitute an obligatory condition for the consideration of the complaint by the service provider. 6. Complaints will be considered by the service provider within 14 days of their receipt. The decision of the service provider regarding the complaint will be transmitted to the service recipient to the e-mail address indicated in the complaint or the address indicated in the correspondence.

§6 withdrawal from the contract

1. The right to withdraw from the contract does not belong to the client-consumer in relation to contracts specified in Article 38 of the act of 30 May 2014 on consumer rights, among others in the following situations:: a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract. b) in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the deadline for withdrawal from the contract; c) in which the object of the service is a non-prefabricated item, manufactured to the specifications of the consumer or to meet his individual needs; d) in which the object of the service is a thing subject to rapid deterioration or having a short shelf life; e) where the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for Health Protection or hygiene reasons, if the package was opened after delivery; f) in which the subject of the service are things that, after delivery, due to their nature, are inseparably connected with other things.

§7 liability

1. The Website is not responsible for the content (both verbal and graphic) made available by users. In the case of claims of third parties related to the infringement of copyright, related rights or other rights belonging to them, the service will immediately direct them to the service provider as the entity responsible for the content, and the service provider will accept these claims and in this regard will release the website from liability. 2. In accordance with the provisions of the law of the creator, whose personal copyright has been violated or threatened, he has the right, first of all, to refrain from this action, to restore the previous state. If the action that caused the violation was at fault, The Creator may claim compensation for the harm suffered or an appropriate sum of money for the indicated social purpose. 3. By posting any content and making it available, the customer voluntarily distributes it. The Website is not a content provider and does not identify with them in any way, it is only an entity that provides IT resources. The customer declares that: a) is entitled to use and make available the content posted by him / her copyrights, industrial property rights or related rights; B) the placement and provision of personal data, image, information relating to persons other than the service recipient as part of the services took place in a lawful, voluntary manner and with the consent of the owners of the content to which they relate; 4. The customer is not entitled to: a) posting personal data of third parties, distributing the image without the required permission or consent of the third party to whom the data relate; b) posting content of an advertising or promotional nature, incompatible with the purpose of the website. 5. It is forbidden to post content by the customer: A) with the intention of infringing the personal rights of third parties; (B) in bad faith, or such as might be considered; C) infringing the rights of third parties, copyright, related rights, industrial property rights, business secrets or covered by the confidentiality clause in particular referred to as secret or top secret; d) offensive or threatening to other persons, statements generally considered offensive, e.g. profanity; e) violating the legitimate interests of the website; unsolicited commercial information (spam); (g) which otherwise violates good morals – for example, eroticism, the provisions of applicable law, social or moral norms. H) propagate Nazi, fascist and related views. 6. In case of receipt of a notification by a third party, authorized or state authority, the Website reserves the right to modify or delete the content posted by the service user, in the event that they may constitute a violation of these Terms and conditions or applicable law. The website does not control the content posted on a regular basis. 7. The service provider will make every effort to ensure the proper operation of the services and its availability around the clock, but is not responsible for any damage resulting from the malfunctioning of the services for technical reasons. 8. The Website is also not responsible for any damage to devices that use the website, device restart or loss of data on the device. 9. The service provider does not provide archiving services for files, data or information provided by the service recipient. 10. In case of violation of the terms and conditions by the customer, the service provider may suspend the provision of services or terminate the agreement with the customer with immediate effect by disabling/deleting active services. In this situation, the customer is not entitled to a refund of any fees incurred to the service provider. 11. The service provider does not provide the service user with any warranty, either express or implied, as to the effects and suitability for certain applications of the commercial offer and the quality and economic results of the offer. 12. The service provider is also not responsible for the actions or omissions of the service recipients, nor for improper performance or non-performance by them of contracts concluded by them with customers, in particular, it is not responsible for the quality, safety, legality, truthfulness and reliability of the information provided by the service recipients. The service provider is not responsible for the non-conclusion by visitors of the contract with the service providers and in particular related to the reservations made, inquiries or concluded contracts. 13. The service provider reserves the right to: * changes in the parameters and functionality of customer accounts; * service features and capabilities, in particular the scope and type of services and its functionality; * periodic shutdown of the service, in particular related to its modification, maintenance and repair; * removal for important reasons of the entire content of the servers of the services or complete cessation of the provision of services, after prior notification of users on the pages of the service; * termination of the provision of services within the service in relation to the service recipient,

which violates the provisions of the regulations.

§ 8 out-of-court procedures for handling complaints and pursuing claims

1. Information on out-of-court procedures for handling complaints and pursuing claims, as well as the rules for access to these procedures, are available at the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include Consumer Protection, provincial inspectorates of the trade Inspection Authority and at the following addresses of the Office of competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php 2. The customer has, among other things, the following opportunities to use out-of-court ways of considering complaints and pursuing their claims: 3. appeal to the provincial inspector of trade inspection with a request to initiate mediation proceedings on the amicable termination of the dispute. 4. appeal to the permanent amicable Consumer Court operating at the provincial inspector of trade inspection with a request to resolve a dispute arising from the concluded agreement, address www.uokik.gov.pl/wazne_adresy.php. 5. request free legal aid m.in. to the Consumer Federation-website address: www.federacjakonsumentow.org.pl. 6. A network of European consumer centres helps resolve cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl. 7. The service user may also use the platform of the online dispute resolution system (ODR platform), in accordance with regulation (EU) no 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online dispute resolution system for Consumer Disputes and amending Regulation (EC) no 2006/2004 and directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) available at: http://ec.europa.eu/consumers/odr / the European ODR platform provides a single common point of access for consumers and businesses, allowing out-of-court settlement of disputes concerning contractual obligations arising from the concluded online service agreement: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL 8. The use of out-of-court methods of handling complaints and pursuing claims is voluntary and can only take place if both parties to the dispute, i.e. the website and the service user, agree to it.

§ 9 PROVISIONS CONCERNING ENTREPRENEURS

1. The regulation and provisions in this section apply only to customers and service recipients who are not consumers (professional purchases). 2. In the case of customers who are recipients of the service and are not consumers at the same time, the service provider may terminate the contract for the provision of electronic services with immediate effect, even without specifying the reasons, provided that it has sent the relevant statement to the customer. 3. The website informs that in accordance with article 558 § 1 of the Civil Code, liability under the warranty for the product/service to a customer who is not a consumer is excluded. 4. The liability of the Website is limited within a single claim, as well as for all claims in total, to the amount of PLN 100 net. The Website is only liable for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. 5. Any disputes between the website and a customer who is not a consumer shall be submitted to the court having jurisdiction over the website’s Registered office.

§10 final provisions

1. The website respects all rights of users provided for in the provisions of applicable law. 2. If the applicable law grants customers who are consumers more favorable mandatory and legally required regulations than those contained in these Terms and conditions, the relevant provisions of the terms and conditions are directly replaced by specific norms of the applicable law and are thus binding on the above-mentioned owner. 3. All content posted on the website (including graphics, texts, layout and logos) enjoy the protection provided for by copyright and are the exclusive property of the website. The use of these contents without the written consent of the website results in civil and criminal liability. 4. We declare that we have acquired All rights to all content posted on this website and posted on each portal attached to the website and each page or subpage. We own all content, content and materials contained therein, and in particular: A) the right to use and dispose of, to the fullest extent permitted by law, and we have acquired All rights to the works of our subcontractors and further subcontractors, in all areas of operation. b) the rights to exercise dependent copyrights, to develop the work and to exclusively authorize the exercise of the dependent copyright, including the use and disposal of the works, have been transferred to us. In addition, subcontractors and other subcontractors stated that • we have the right to the work exclusive and unlimited copyright (personal and property); • we may dispose of the copyright to the work to the extent necessary for the conclusion and performance of a previously concluded agreement; • our proprietary copyrights to the work and have not been seized within the meaning of the law on enforcement proceedings; * songs were made by them personally; * works are not elaborations, modifications or adaptations of someone else’s work; • we can use this work without fear of possible claims from third parties. 5. Infringement of our Copyright will be severely punished. 6. The owner of the website, as the administrator of personal data, informs you that: * the provision of data is always voluntary but necessary for the execution of the order; • the person providing his / her personal data has an unlimited right of access to all the contents of his / her data and their rectification, deletion (right to be forgotten), restriction of processing, the right to data portability, the right to withdraw consent at any time without affecting the lawfulness of processing, however, the data may be made available to the competent state authorities in a situation where the relevant provision requires it.

  • The basis for the processing of personal data will be art. 6 (1) (a) and the content of the General Data Protection Regulation.;
    • personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but no longer than for a period of 3 years (2 years is the complaint period and 1 year for any other claims and exceptional situations)
    • the person providing his / her personal data has the right to lodge a complaint with the UODO if he / she considers that the processing of personal data related to the execution of the order violates the provisions of the general regulation on the protection of personal data of April 27, 2016;”
    1. Your data will be processed in an automated manner, including in the form of profiling – in the case of consent.
    2. The amended regulations bind the users if the requirements specified in Article 384 of the Civil Code have been maintained (i.e. the user has been correctly notified of the changes).
    3. The Website reserves the right to make changes to the terms and conditions for important reasons.:
      a) changes in the law;
      B) changes in the method of providing services by electronic means covered by the regulations,
      C) changes to the website data, including e-mail address, phone number.
    4. Changes to the terms and conditions do not affect the services already implemented or implemented, the terms and conditions in force at the time of joining the services of the website apply to them. The website informs about the intended change on the website at least 30 days in advance. In the event of non-acceptance of the amended terms and conditions, the service users may terminate the agreement with immediate effect within 30 days from the date of receipt of the message.
    5. Disputes arising as a result of the provision of services under these Terms and conditions will be settled by the General Court at the choice of the customer who is also a consumer, in accordance with the relevant provisions of Polish law.
    6. The annexes to the regulations shall form an integral part thereof.
    7. Service users of this website may access these Terms and conditions at any time via the link posted on the main page of the website and download it and print it, however, commercial use is protected by LEGATO Law Firm.
    8. The regulations shall enter into force on 12/12/2024

Copyright notice to the regulations

The owner of all material copyrights to the model of these regulations is LEGATO law firm, which has granted this service a non-exclusive and inalienable right to use these regulations for purposes related to its own commercial activities on the Internet and extends legal protection to this document for the duration of the agreement. Copying and distributing the model of these regulations without the consent of LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Interested persons can find out more about the possibility of using the model regulations on the website http://www.kancelaria-legato.pl

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