General rental conditions

§1 Subject of the Terms

These Conditions specify the terms and conditions of the provision by the Provider of the presented on the Website the Enboint Services, provided exclusively on the basis of Rental Agreements, to which Rental Agreements these terms form an integral part.
The Parties of the Rental Agreement are the Provider and the User.

§2 Definitions

Words not defined in these Terms and used with a capital letter have a meaning given to them in the Website Regulations. For the purposes of this Terms are accepted to the following definitions of terms:

  1. „Cabinet” – a room located in the Premise, indicated in the Order by the User by defined name of a room;
  2. „Device” – a mobile device offered by ENBOINT to use by the User under conditions of this Terms indicated by the User in the Order from the following, available devices:
    • Endermologie Alliance LPG System (hereinafter: „Alliance”) with heads and all parts intended to use the Alliance;
    • Harmony Pro Alma Lasers (hereinafter: „Laser”) with the heads indicated in the Order, intended to use the Laser (in accordance with its intended use).
  3. „Certificate” – a document issued by ITP S.A. with its registered office in Warsaw (KRS: 0000404795, NIP: 5252360060), confirming the Holder’s completion of training in the field of Device operation, entitling the Certificate holder to use the Device;
  4. „Subject of the Agreement” – the joint or separate definition of the subject of the Rental Agreement (i.e. Cabinet and / or Device – depending on the content of the Rental Agreement);
  5. „Cabinet Rental” or „Rental” – a service provided under these Terms, consisting of a paid, time-limited access to the Cabinet for the User for independent use;
  6. „Device Lease” or „Lease” – a service provided under these Conditions, consisting of a paid, time-limited access for the User to the following Device (accordingly):
    • Alliance for independent use or;
    • Laser for independent Restricted Use.
  7. „Restricted Use” – a restriction on the use of the Laser consisting of the method and quantity of use of the Laser, on the principles indicated in the characteristics of the Treatment Package, available on the Website;
  8. „Treatment Package” – specific ways of Restricted Use of the Device, characterized on the Website’s pages;
  9. „Enboint Services” – the joint term for Cabinet Rental and Device Lease;
  10. „Terms” – this document;
  11. „Regulations”or „Website’s Regulations” – Regulations of the ENBOINT website.
§3 Rules of the provision of Enboint Services
  1. The Parties, using the Website’s infrastructure, concluded the Rental Agreement, which is performed under the terms and conditions indicated in these Terms.
  2. The Rental Agreement always includes the provision of Cabinet Rental to the User. The Rental Agreement may be extended by the provision of a Device Lease, if it has been specified in the Order. The duration of the Lease may be shorter than the duration of the Rental.
  3. The Device Lease is a dependent and subsidiary Enboint Service to the Cabinet Rental. It is not possible to conclude a Rental Agreement covering the Lease of the Device, but not including the Cabinet Rental.
  4. The Device Lease is provided exclusively to the Users who additionally have a Certificate. The Provider is entitled to request the User to present the Certificate, its copy or the Certificate number before issuing the Device for use as part of the Device Lease.
  5. The exclusive place of the provision of the Enboint Services is the Premise. It is forbidden to carry the Device and its elements or Cabinet components and equipment outside the Premises without the written consent of the Provider.
  6. The duration of Cabinet Rental and / or Device Lease includes the time of issue (return) of the Subjects of the Agreement by the User and their collection by the Provider. The Parties agree that the User will issue (return) the Subject(s) of the Agreement no later than five minutes before the end of the duration of the given Enboint Service, and the Provider will collect the Subjects of the Agreement before the end of the duration of the Enboint Service.
  7. The Users, providing the NIP number in the Order, indicates that they are an entrepreneur within the meaning of art. 43 [1] of the Civil Code.
  8. The Provider, throughout the duration of the Rental Agreement, as well as after their termination, remains the (only) owner of the Subjects of the Agreement and the User will not, on the basis of these Rental Agreements, make any claims in this respect.
  9. Any forms, whether paid or unpaid, of rental, sublease or other dedication to the use of the Subjects of the Agreement to third parties in a manner inconsistent with the nature of the Enboint Services, including for commercial and non-profit activities, is strictly prohibited.
  10. The Provider issues the Subject of the Agreement to the User on the commencement date of the Rental or Lease (respectively). The User is obliged to return the Subject of the Agreement without delay, within the period specified in paragraph 6 above.
  11. The ineffective expiry of the deadline referred to in the previous sentence may result in a contractual penalty or an increase in the amount of the Provider’s Remuneration on the terms set out in these Terms, which the Provider decides on its own, based on generally applicable compensation law.
§4 Obligations of the Provider
  1. The Provider under the Rental Agreement undertakes to provide the Enboint Services with the Rental Agreement and these Terms, in particular to:
    1. issuing the Subjects of the Agreement;
    2. not exercising ownership rights over the Subject of the Agreement throughout the duration of the ENBOINT Services;
    3. blocking access to Rental / Lease of Subjects of the Agreement on the Website belonging to the Provider;
    4. not to rent, sublet, otherwise use the Subjects of the Agreement or otherwise charge them, in a way that prevents or impedes the User to use the Subjects of the Agreement in the manner provided by the Rental Agreement and these Terms;
    5. not to place on the Subjects of the Agreement or inside them all kinds of elements, devices, installations, items, elements of equipment or other additions that would be unlawful or incompatible with the purpose of the Subject of the Agreement, including in particular those preventing with the Device or in the Cabinets the provision of services by the User, for which the Subjects of the Agreement are dedicated.
  2. 17. The Provider declares that the Subjects of the Agreement are fully technically functional, certified in accordance with generally applicable law (as long as it is a legal requirement), enable their safe use under condition they are used in accordance with its purpose, its instructions and guidelines of the Provider, as well as the Subjects the Agreement do not have any defects, faults or damage.
§5 Obligations of the User
  1. The User declares that:
    1. the data indicated in the Order are true and current data;
    2. will use the Subjects of the Agreement in a proper manner, i.e. in accordance with the it’s instructions, Provider’s guidelines and the purpose of the Subjects of the Agreement and the manner of their ordinary use;
    3. conducts business activity, enabling, in the light of generally applicable provisions, the use of the Enboint Services and the Subject(s) of the Agreement, and the Order has been placed as part of this business activity.
  2. The User undertakes to:
    1. providing the Provider only current and correct data and their immediate updating in the event of their change;
    2. uninterrupted possession of the Subject(s) of the Agreement throughout the duration of the Rental Agreement, as well as their not giving away and not making them available (including paid and unpaid) to use to third parties and not encumbering the Subjects of the Agreement with any third party rights;
    3. maintaining and securing the Subjects of the Agreement in a proper condition, including all their parts, elements and equipment, including by making adequate expenditure required by law on the Subjects of the Agreement, but without making any changes to the Subjects of the Agreement;
    4. prevent from making any unauthorized alteration, repair or maintenance of the Subject of the Agreement, excluding the replacement of heads or other replaceable parts in the Device, under condition of following the instructions of their replacement;
    5. to report to the Provider on a regular basis any defects or faults in the Subject of the Agreement and then to act in accordance with the Provider’s instructions issued as a consequence of reporting these defects;
    6. returning the Subject(s) of the Provider’s Agreement within the period specified in §3 para. 6 of these Terms, on the principles set out in these Terms, in a non-deteriorated condition, including without external or internal dirt, excluding only the consequences of ordinary use (exploitation) of the Subjects of the Agreement;
    7. informing the Provider of any circumstances having or likely to affect the condition of any of the Subject of the Agreement or the proper performance of the Rental Agreement;
    8. conducting business activity referred to in this paragraph in point 1. letter (d), for the entire duration of the Rental Agreement and not using the Subject of the Agreement to conduct business activities to which the User is not entitled under generally applicable law, or other activity reserved by these Terms.
§6 Provider’s Remuneration
  1. For the provision to the User by the Provider of the Enboint Services, the Provider is entitled to remuneration (hereinafter: „Remuneration”).
  2. The amount of Remuneration due to the Provider is the total amount (sum) calculated on the basis of:
    1. due to Rental – the product of the number of Rental hours indicated in the Order of the Cabinet Rental and the hourly rate, specified in the Cabinet price list indicated on the pages of the Website;
    2. due to the Lease – the price indicated in the Order of the Treatment Package, specified in the Treatment price list indicated on the pages of the Website.
  3. The Remuneration due to the Provider may be higher than the Remuneration indicated in the Order, if the User extends the duration of the Rental, which is a consequence of the delayed return of the Subject or Subjects of the Agreement in relation to the Order.
  4. Użytkownik dokonuje płatności Wynagrodzenia z tytułu Wynajmu z góry wraz ze złożeniem
    Zamówienia w Serwisie, na warunkach Regulaminu Serwisu.
  5. The User shall pay in advance the Remuneration due to:
    • Rental on the Website, after conclusion of the Rental Agreement under conditions of the Website’s Regulations;
    • Lease in the Premise no later than before commencement date of the Rental Agreement using the payment methods available in the Premise.
  6. The Parties consider the date of payment to the Provider’s bank account as the moment of payment.
§7 Duration of the Agreement
  1. The Rental Agreement is concluded for a defined period, i.e. the duration of the Cabinet Rental indicated by the User in the Order.
  2. The User may withdraw from the Rental Agreement up to 24 hours before the date and time of the commencement of providing the Cabinet Rental indicated in the Order (contractual right of withdrawal). The User, after the deadline specified in the previous sentence, may terminate the Rental Agreement without the Provider having to pay back the paid Remuneration.
  3. The Provider is entitled to withdraw from the Rental Agreement with immediate effect at any time, if the Provider suspects that the User has violated the provisions of the Rental Agreement, these Terms or generally applicable law.
§8 Liability, Warranty
  1. The Provider’s liability for damage, lost profits and defects of the Subject of the Agreement to the Users is excluded in the scope permitted by generally applicable provisions of the Polish law.
  2. The Rental Agreement does not create a subordination, work or duty relationship between the Parties. The User concludes the Rental Agreement for his own purpose. The Provider is in no way responsible for the services provided by the User in the Cabinet or using Device, including their due, correctness or legality.
  3. The User is responsible for the Subjects of the Agreement from the moment they are issued by the Provider. The User’s responsibility is in particular to bear responsibility for defects, drawbacks and damages to the Subject or Subjects of the Agreement, including their parts, elements and equipment, which arose after issue, and in the case of the Users who are Entrepreneurs, not limited only to damages caused by using in breach of these Terms. In addition, each User is responsible for the destruction (slight, significant or complete) and the theft of the Subject of the Agreement.
  4. In the event that the costs of repairing the Subject of the Agreement, in particular the Device, correspond to or exceed the costs of purchasing a new Subject of the Agreement, including their components (related items) or equipment, the Provider is entitled to refuse to accept the returned Subject of the Agreement, the component (related item) or equipment and the purchase of a new Subject of the Agreement, item (related item) or equipment. In such cases, the User shall reimburse the Provider all costs related to the purchase of a new Subject of the Agreement, element (related item) or equipment within 7 days from the date of delivery of the User’s request for reimbursement, based on the costs actually incurred by the Provider, documented by a VAT invoice for the purchase of a new Subject of the Agreement or a bill documenting such a sale.
  5. The Provider is entitled to charge the User for the costs of specialist cleaning of the Subject of the Agreement, provided that the Subject of the Agreement has been returned to the Provider in a condition requiring it.
§9 Contractual penalties
  1. The Provider shall be entitled to the following contractual penalties from the User:
    1. for the User’s delay in issuing (returning) the Cabinet or/and Device to Provider calculated from exceeding the duration of the Rental / Lease indicated in the Order, calculated for each Subject of the Agreement separately, in the amount of:
      • PLN 20 net – up to 10 (ten) minutes, counting from exceeding the Rental / Lease time by 5 (five) minutes;
      • PLN 60 net – up to 30 (thirty) minutes;
      • PLN 120 net – up to 45 (forty-five) minutes;
      • PLN 200 net – up to 60 (sixty) minutes;
      • PLN 200 net – for each subsequent delayed hour.
    2. PLN 500 net for each day of inability to use the Device as a result of its damage by the User and the need for its service, maintenance or repair at an authorized service;
    3. PLN 500 net for each damage detected by the Provider of an element (belongings) or equipment of the Subject of the Agreement;
    4. in the case of removal of the Subject Matter of the Agreement, their components (belongings) or equipment outside of the Premise – in the amount of PLN 500 net of each day of the Subject Matter of the Agreement, element (belongings) or equipment outside of the Premise;
    5. amount equal to three times the Remuneration due to the Provider for the entire duration of the Rental for the User in the event of the Cabinet being handed over to third parties;
    6. amount equal to three times the Remuneration due to the Provider for the entire duration of the Lease for the User in the event of the Device being handed over to third parties;
  2. The Provider is entitled to claim compensation exceeding the amount of reserved contractual penalties on general principles of polish law.
§10 Final provisions
  1. Placing and also paying for the Order constitutes acceptance of the provisions of these Terms and conclusion of the Rental Agreement, to which these Terms apply.
  2. For matters not covered by these Terms, the provisions of the Order and the Website Regulations shall apply, followed by the provisions of the Civil Code and generally applicable law.
  3. For the assessment of compliance with the deadlines resulting from these Terms, the Provider shall be required to perform the activities or make declarations.
  4. All statements and notifications of the Parties related to the performance of the Rental Agreement will be forwarded only in at least documentary form to the addresses indicated in the Order.
  5. The Parties shall resolve amicable disputes arising from Rental Agreements. In the event of entering the court with the User, these disputes will be settled by common courts with jurisdiction over the Provider’s registered office.
  6. These Terms ay change. Amendments to these Terms come into force on the day they are announced on the Website, however they do not apply to the Rental Agreements already concluded.