Statute

STATUTE

PROVIDING SERVICES BY ELECTRONIC MEANS

 

I. Definitions
1. Whenever the following terms are used in the further part of this document, they shall have the meanings indicated below:
1) 

Active User

means a User who has concluded an Agreement between the Service Provider and the User during the subscription period for the Service;

2) 

AI

has the meaning given in Chapter III, point 9 of the Regulations;

3) 

Chat

means a conversation conducted on the Website via the Internet between the Service Provider (or a designated employee, collaborator or Expert) and the User, which consists of the alternate sending of text messages using an IT tool provided by the Service Provider;

4) 

Working Days

means the period from Monday to Friday, excluding public holidays and days off in force in the territory of the Republic of Poland;

5) 

Expert

means a natural person who provides Services to Users within the Service, on the basis of an Agreement concluded between the Service Provider and the User;

6) 

Exclusive Community Group

means a closed support group that enables an Active User to use a forum available only to Active Users during the subscription period for a given Service ;

7) 

Consumer

means a natural person using the Website, including purchasing Services within the Website, for purposes not directly related to his/her business or professional activity – pursuant to Art. 22 1 of the Act of 23 April 1964 – the Civil Code, or a natural person conducting business or professional activity on his/her own behalf, who has concluded an Agreement with the Service Provider directly related to his/her business activity, which is not of a professional nature for that person, resulting in particular from the subject of the business activity conducted by him/her (entrepreneur with consumer rights);

8) 

User Account

means the User's individual panel, which is launched on his behalf by the Service Provider within the Service and is created solely at the request (application) of the User during his registration ;

9) 

Statute

means the subject regulations that meet the requirements referred to in Article 8 of the Act on the provision of services by electronic means;

10) 

Service

means the website operated at luna-maria.com ;

11) 

Service Provision Agreement

means an agreement concluded at a distance, on the terms specified in the Regulations, between the Service Provider and the User (customer);

12) 

Service Provider

means Dymtro Khilko, conducting business activity entered in the Central Register and Information on Business Activity under the name: " Dmytro Khilko – AdVisaPL”, ul. Stefana Batorego No. 18/108 , postal code: 02-591 Warsaw , NIP: 727286721 ;

13) 

Services​

means esoteric services provided by the Expert to the User via the Website after concluding an Agreement between the Service Provider and the User, which may concern: fortune telling , tarot, horoscope or affirmation , which are each time made available on the Website together with a description of the given service and the price of the given service , including the period of access to the service by the User;

14) 

Consumer Rights Act

means the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2024, item 1796);

15) 

Act on the provision of services by electronic means

means the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2024, item 1513, as amended);

16) 

User or Customer

means jointly a Registered User or an Unregistered User;

17) 

Unregistered User

means a natural person who is a Consumer and has concluded a Service Provision Agreement or is in the process of concluding a Service Provision Agreement and who has not registered a User Account on the Website;

18) 

Registered User

means a natural person who is a Consumer and has concluded a Service Provision Agreement or is in the process of concluding a Service Provision Agreement and has registered a User Account on the Website;

2. Information on the principles of processing data obtained in connection with the conclusion and performance of the Agreement the provision of Services is included in the Privacy Policy. 
II. General Provisions
1. The Regulations define the terms and conditions of use of the Website, available on the website at the following address: luna-maria.com .
2. The Regulations are made available free of charge on the Service, via a link available on the main page of the Service. Browsing selected content posted on the Service is voluntary and does not require registration on the Internet Service. The content of the Regulations may be recorded by the User by printing, saving on a medium or downloading at any time from the Service website.
3. Before concluding the Service Provision Agreement, the User is obliged to read the Regulations and accept their content .
4. The price of the Services is expressed in Polish zlotys in a gross amount, i.e. including VAT. For the avoidance of doubt, each price of the Service indicated on the Website includes the final amount to be paid by the User.
5. The User is obliged to use the Service individually .
6. By accepting the Regulations, the User undertakes to use the Service in accordance with the provisions of the Regulations, applicable legal provisions and with respect for good manners.
7. The User is not entitled to undertake any illegal activities that violate the personal rights of the Service Provider's employees and/or collaborators, to place unsolicited commercial information on the Service or to conduct any commercial, promotional, advertising or other activities on the Service's website aimed at making changes to the Service's code (algorithm) .
8. The services are provided in Polish.
9. The Service Provider declares that as part of the provision of Services, it uses additional artificial intelligence functionality, i.e. ChatGPT (producer: OpenAI Ireland Ltd with its registered office in Ireland, The Liffey Trust Centre,, 177-126 Sheriff Street Upper, Dublin 1, D01 YC43, Ireland under number 737350 (“ AI ”), which should be understood as meaning that communication in the use of the Chat functionality may take place with the participation of AI. The User understands and accepts this, with the proviso that during such communication, no protected data will be transferred to AI, i.e. without the use of any confidential data.
10. The Service Provider declares that its use of supplementary AI is only of an auxiliary nature and is verified in its final form before sending the content of the message to the User. The Service Provider also declares that it takes full responsibility for the content created during the supplementary use of AI, which was then sent via Chat to the User.
III. Terms and Conditions of Use of the Service
1. The Website presents esoteric content provided by Experts.
2. The Service may only be used by persons of legal age and with full legal capacity.
3. The Service can be used by Registered Users and Unregistered Users. Creating a User Account on the Service is voluntary.
4. Registered Users who have access to the User Account have access to order history and may receive discounts or rebates for subsequent purchases of Services on the Website.
5. In the case of Registered Users who have access to the Account on the Service, they are required to create a login and password. The User's password to the Account on the Service is intended only for their personal use and should be treated as confidential. In order to maintain the security rules over the User's access to the Account on the Service, they should prevent any unauthorized users from accessing their Account on the Service by exercising due control over the devices used to obtain the User's access to the Service and not disclosing the User's login and password to the Account on the Service. The User agrees to provide and maintain truthful information that is related to their Account on the Service, which should be understood as having a current and up-to-date e-mail address, allowing the Service to send notifications to the User, which may be related to the issues indicated above .
6. Using the Services provided on the Website by the User is possible when: (i) the User has granted at least the necessary consents - in the event of the User not giving consent to one or more of the necessary consents , it will be impossible to use the Website , including access to the Services that are posted on the Website , (ii) the User accepts the Regulations, (iii) the User has provided true data , including at least a valid e-mail address and (iv) the User undertakes to make a subscription payment for the selected Service .​
7. The Service Provider reserves the right to refuse to provide the Service if the questions from the User concern: ( i) death, (ii) the existence or non-existence of diseases and other matters related to medicine , (iii) wars, (iv) acts of terrorism, (v) sexual activities, (vi) matters related to intentional violation of the law or the commission of a prohibited act, (vii) pornography, (viii) hate speech, (ix) content violating the rights of ethnic minorities, (x) discriminatory or ideological content . In such cases, the Service Provider refuses to perform the Service and refunds the fee paid by the User for a given Service within 14 (fourteen) days . The Service Provider reserves the right to send an e-mail to the User in advance so that they can indicate the correct bank account to which the refund will be made. If the User fails to indicate a bank account within 7 (seven) days from the date of sending the e-mail by the Service Provider, the refund will be made to the bank account number from which the User paid for the Service.
8. The Service Provider is entitled to all copyrights, including the rights to the content posted on the Website , as well as audio recordings, visualizations, teasers, graphics, descriptions, and the image of the Service Provider's employees or collaborators .
9. The use of the Website by the User is voluntary.
10. The User may use the Services during the subscription period. a given Service , solely for the User's own use. The subscription period for a given Service is indicated in the description of the Service, posted on the Website.

11. The Service Provider is entitled to limit the User's access (in whole or in part) to the functionalities of the Service with immediate effect, if: (i) the User violates the principles and conditions specified in the Regulations, (ii) engages in activities prohibited by law, (iii) violates the principles of social coexistence, (iv) provides false data or impersonates another third party .
12. For the proper use of the Service by the User, the following is necessary: ​​(i) access to the Internet, (ii) possession of a device enabling the use of the Internet, (iii) use of an appropriate web browser that supports JavaScript, accepts cookies and allows the display of www pages, (iv) possession of an active e-mail address.
13. The image quality of the content offered as part of the Service for Users may vary depending on the device owned by the User and may also depend on other factors, such as location, available bandwidth or speed of the Internet connection . The User may be responsible for incurring additional data usage fees from their Internet service provider.
Agreement
IV.
1. The Website provides esoteric services to the User by Experts .
2. In order to conclude the Agreement, the User:
a) selects the Service;
b) completes the form;
c) places an order to purchase a subscription to the Service ;
d) makes a payment for the subscription to the Service.
3. Before making a payment for the subscription to the Services and , the User is also obliged to read the Regulations and accept their content, including reading the principles of personal data processing (Privacy Policy) and accepting their content.
4. Payment for the subscription to the Services is made exclusively as a one-time payment by electronic transfer using the Przelewy24 service (external payment service ) . The transaction is settled using an authorized payment service and requires the User to proceed in accordance with the guidelines of the operator of that service, including familiarizing themselves with the relevant regulations of the payment service. Using this payment service does not require the User to incur additional fees.
5. Payment for the Service is made by the User in advance.
6. The conclusion of the Agreement is deemed to be correct when all required data is entered in the form, including in particular the e-mail address or mobile phone number.
7. The Service Provider reserves the right to:
a) verification of the data contained in the form;
b) refusal to accept an order for a subscription to a given Service ;
c) refusal to provide the Service ;
d) withdrawal or termination of the Agreement in situations specified in applicable legal provisions or in these Regulations.
The Service Provider notifies the User about the conclusion of the Agreement by sending an electronic message to the User's e-mail address indicated by him in the form containing confirmation of its conclusion.
8.
9. The Service Provider is entitled to refuse to provide the Service if: (i) the User has not fulfilled the obligations specified in the Regulations, (ii) the Service Provider has doubts as to the veracity of the data provided by the User in the form .
10. The Service Provider reserves the right to make changes to the Services offered on an ongoing basis , however, these changes do not affect orders placed by Users before the date of entry into force of the change.
Services
V.
1. The Service Provider provides Users with Services for Registered Users or Unregistered Users.
2. The description of the Service posted on the Website includes:
a) the cost of subscribing to the Service;
b) a detailed description of the type and content of the Service ;
c) the duration of the subscription to the Service.
3. In the event of conducting conversations within the framework of communication via Chat, the User is obliged not to disclose the content of these conversations to any third parties, including not disclosing the data contained therein, in particular any data that will or may include personal data or sensitive data .
4. As part of the purchased subscription to the Service, the User is entitled to use the Service and perform the tasks assigned therein, which are of a voluntary nature. The performance of the tasks assigned to the User by the Expert is individual and tailored to the User's needs.
5. An Active User has access to the Exclusive Community Group for the duration of the subscription to the Service. The User will be removed from the Exclusive Community Group within 14 days of the expiration of the subscription to the Service .
VI. Complaints
1. The User is entitled to file complaints related to the provision of Services by the Service Provider . The complaint is filed via e-mail. The e-mail address for filing complaints is: mariialuna200@gmail.com .
2. The complaint should include the User's data and a description of the reported reservations, including data enabling identification of the purchased subscription to the Service by the User. Providing the above-mentioned information affects the effectiveness of the submitted complaint, but is not necessary for its consideration by the Service Provider.
3. The Service Provider shall, no later than within 14 days from the date of receipt of the complaint, respond to the complaint and inform the User about further proceedings in the matter. If the complaint is justified , the Service Provider shall inform the User about the proposed method of handling the complaint. If the Service Provider determines that the User must supplement the complaint, the Service Provider shall immediately contact the User via e-mail, which was indicated by the User in the form when purchasing a subscription to the Service .
4. In the event of rejection of the complaint, the User may contact the municipal or district consumer advocate. Free information is provided by phone, e-mail or directly at the advocate's office. The address and telephone number of the appropriate advocate can be found at the District Office or City Hall, as well as on the website of the Office of Competition and Consumer Protection.
5. The Customer may use an out-of-court method of handling complaints, including by submitting by the User , after the complaint procedure is completed , a request to initiate mediation or a request to have the case considered by an arbitration court.
VII. Withdrawal from the Agreement
1. A Consumer who has concluded an Agreement with the Service Provider may withdraw from the Agreement within 14 days without giving any reason .
2. The right to withdraw from the Agreement is excluded in situations specified in art. 38 of the Act of 30 May 2014 on consumer rights. In particular, this applies to situations where: (i) the entrepreneur (Service Provider) has fully performed the Service with the express consent of the Consumer (User) and (ii) the Consumer (User) has been informed by the entrepreneur (Service Provider) that after the entrepreneur has performed the service, he will lose the right to withdraw from the Agreement , which was accepted by the User before the Service Provider began to provide the given Service .
3. In order to exercise the right of withdrawal, the Consumer is obliged to complete and send to the Service Provider a declaration of withdrawal from the Distance Agreement, the template of which constitutes Annex No. 1 to the Regulations. To meet the deadline referred to in paragraph 1 above, it is sufficient to send the declaration before the expiry of this deadline to the e-mail address: mariialuna200@gmail.com .
VIII. Liability of the Service Provider
1. The Service Provider or the person used by the Service Provider in the provision of the Services undertakes to provide the Services with the utmost diligence and to the best of their knowledge .
2. The Service Provider takes actions aimed at ensuring the proper functioning of the Website and ensuring the correctness and continuity of the Services provided to Users.
3. The Service Provider shall be liable to the User for any lack of compliance of the provision of the Service with the content of the Agreement, under the terms and conditions set out in the Regulations and the Consumer Rights Act.
IX. Opinions about the Services
1. Opinions published on the Website by Users express their subjective attitude towards , among others, the performance of the Service, the functionality of the Website, and the Experts.
2. In order for the User to publish an opinion on the Website, he or she is required to provide the following data:
a) the rating of a given Service on a scale of 1-5 expressed in the form of stars;
b) User identification (nickname or name);
c) e-mail address (not disclosed in the opinion – status: hidden from others);
d) content of the opinion.
At the same time, the User is obliged to confirm that he/she has read the Regulations and accepts their content.
3. The Service Provider verifies the opinions that are added by Users . Verification includes primarily, but not exclusively , checking whether : (i) it happened purchase of a subscription to the Service by the User, (ii) is written in Polish, (iii) does not violate the principles specified in the Regulations , (iv) contains an evaluation of the given Service, (v) does not contain spam content, (vi) is not posted by so-called bots, (vii) has not been duplicated , (viii) contains links to other services or websites, in particular services with content similar to the Service, (ix) contains the User's contact details, (x) violates personal rights or personal data of third parties . In the cases indicated above, the Service Provider reserves the right to refuse to publish such an opinion or to immediately remove it from the Service.
4. The Service Provider has implemented appropriate solutions to assess the authenticity of the opinions that are published
 on the Website. After the User posts an opinion on the Website, each of them is verified.
5. In the event of verification that a given opinion is not authentic, i.e. if it turns out that the data indicated in the opinion cannot be compared with the purchased subscription to the Service by the User, such opinion is not published on the Website, and in the event of detection of the inauthenticity of a given opinion after its publication - such opinion is deleted
 from the Service.
6. The User may add an opinion via the link that was received by the User at his/her e-mail address.
7. After verifying a given opinion as meeting the criteria of authenticity and not violating the principles referred to above, the Service Provider is entitled to additionally mark the given opinion as "confirmed" or "verified" or "authentic".
8. The User grants the Service Provider a time-unlimited license to use the opinion on the Website free of charge. The right to the license granted includes: (i) dissemination of the opinion by the Service Provider by making it publicly available in such a way that everyone can have access to it at a place and time of their choosing (Internet), public display and republication, and (ii) recording and multiplying the opinion - producing copies of the opinion using any technique, including printing, reprographic, magnetic recording and digital technology.
9. The Service Provider publishes User opinions, both positive and negative, without interfering with their content.
X. Personal data protection
1. User data are processed by the Service Provider as the data controller.
2. The processing of Users' personal data is carried out in accordance with applicable legal provisions (in particular in accordance with 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], as well as these Terms and Conditions and Privacy Policy.
3. Providing personal data is voluntary, but necessary in order to create a User Account on the Website, including using the Services, concluding and performing the Agreement.
4. Detailed information on the protection of personal data is included in the "Privacy Policy" tab on the Website.
XI. Miscellaneous Provisions
1. The law applicable to the conclusion of the Agreement is the law in force in the territory of the Republic of Poland.
2. If any provision of these Regulations is found to be invalid, illegal or unenforceable, this shall not affect the validity, legality and enforceability of the remaining provisions.
3. In matters not regulated in the Regulations, the provisions of the Consumer Rights Act, the Act on the provision of services by electronic means, the Civil Code and other mandatory provisions of law shall apply.
4. The Service Provider is entitled to change the Regulations, provided that such change will be effective in relation to the User.
5. Information about changes to the Regulations will be provided via e-mail correspondence or by providing clear and distinct information on the Service website. In both cases, at least 14 days in advance. Changes to the Regulations come into effect on the date indicated in the information referred to in this paragraph.
6. Annex to the Regulations:
a) Appendix No. 1 – sample withdrawal from the Agreement by the User.

 

Date of entry into force of the Regulations : [ I will enter the date here when everything is ready ] 202 5 y.