Store Terms and Conditions
The contents of the following terms and conditions are available at:
Information:
The essencenutrition.pl online store cares about consumer rights. The consumer may not waive the rights granted to him by the Act on Consumer Rights. Provisions of the agreements less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place, the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any possible doubts shall be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these Terms and Conditions shall prevail and shall be applied.
If you have any questions about your health in the context of using any of the Products available on the Online Store website, you should consult your health care professional. You should never skip or fail to seek professional advice because of the content on the Website.
Products, the use of which is associated with special caution on the part of the customer, due to their composition and possible impact on the health of the sick person (effect on blood pressure, accelerated metabolism, work of the circulatory system, nervous system) are marked with the following wording:
WARNING: If you experience any health problems or concerns about using this product, consult your doctor before use. Especially if you have low or high blood pressure, arrhythmia, heart, liver, or thyroid disease, diabetes, anxiety attacks, depression, behavioral-cognitive disorders, epilepsy, asthma, difficulty urinating due to prostate disease, in addition, if you use MAO inhibitors or any other medications. Do not use if you are pregnant or breastfeeding. Be cautious when using other caffeinated and/or guarana-containing beverages during the day, especially if you are sensitive to these ingredients. Reduce dosage or discontinue product completely if you experience the following symptoms: insomnia, drowsiness, trembling hands, body, headaches, nervousness, confusion, nausea, vomiting, chest pain, heart palpitations. Do not consume within 3-4 hours before going to bed. Product intended for use only by persons 18 years of age or older.
TERMS AND CONDITIONS OF THE ESSENCENUTRITION.PL ONLINE STORE
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS, AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
9. PROVISIONS FOR ENTREPRENEURS
9. PERSONAL INFORMATION
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM
Attachments:
1. sample form of withdrawal from a distance contract.
2 Return/Exchange Form.
3 Claim Form.
1. GENERAL PROVISIONS
1.1 Online Store available at the Internet address essencenutrition.pl is run by Bodypak limited liability company with headquarters in Łódź, at ul. Rumuńska 1, 91-336 Łódź, entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000743365, conducted by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register, NIP number: 5272860222, REGON number 380937270, e-mail address: info@essence.pl, contact phone number: (32) 308 00 02.
1.2 These Terms and Conditions are addressed both to consumers and businesses using the Online Store (with the exception of point 9 of the Terms and Conditions, which is only addressed to entrepreneurs).
1.3 Definitions:
1.3.1. WORKING DAY - one day from Monday to Friday except for public holidays.
1.3.2. REGISTRATION FORM - a form available in the Online Store that allows the creation of an Account.
1.3.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to an electronic basket and specifying terms of the Sales Agreement, including delivery and payment method.
1.3.4. CUSTOMER - (1) a natural person with full capacity to perform acts in law, and in the cases provided for by generally applicable laws, also a natural person with limited capacity to perform acts in law; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by the law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.3.5. CIVIL CODE - the Civil Code Act of April 23, 1964. (Journal of Laws 1964 no 16, item 93 as amended).
1.3.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password given by the Customer with a set of resources in the Service Provider's ICT system, which stores data given by the Customer and information about Orders placed by him/her in the Online Store.
1.3.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail or telephone, which enables all users to automatically receive from the Service Provider cyclic content of successive editions of a newsletter containing information about Products, news, and promotions at the Online Store.
1.3.8. PRODUCT - a movable item available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
1.3.9. Terms and Conditions - hereby Terms and Conditions of the Online Store.
1.3.9. ONLINE STORE - Provider's online store available at the following address: essencenutrition.pl.
1.3.10. SELLER; SERVICE PROVIDER - Bodypak spółka z ograniczoną odpowiedzialnością with its registered office in Łódź, at ul. Rumuńska 1, 91-336 Łódź, entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000743365, kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register, Tax Identification Number: 5272860222, Business Identification Number: 380937270, e-mail address: info@essence.pl, contact phone number: (32) 308 00 02.
1.3.11. SALES AGREEMENT - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
1.3.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
1.3.14. SERVICE USER - (1) a natural person with full capacity to perform legal actions, and in cases provided by generally applicable regulations also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by the act; - using or intending to use an Electronic Service.
1.3.15 CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014, on consumer rights (Journal of Laws 2014 item 827 as amended).
1.3.16. ORDER - Customer's declaration of will placed via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available at the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account - the use of an Account is possible after completing two consecutive steps by the Customer - (1) filling the Registration Form and (2) clicking on "Register". The Customer must provide the following information in the Registration Form: first and last name/company name, address (street, house number, postal code, city, country), email address, contact phone number, and password. For Customers who are not consumers, it is also necessary to provide their company name and NIP number.
2.1.2.The Account electronic service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending the appropriate request to the Service Provider, particularly via e-mail to the address: info@essence.pl or in writing to the address: ul. Partyzantów 11D, 32-500 Chrzanów.
2.1.3. Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps in total - (1) after filling in the Order Form and (2) after clicking the "Confirm purchase" button on the Online Store website after filling in the Order Form - Until this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the Online Store website). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact phone number, and details concerning the Sales Agreement: Product/s, the quantity of Product/s, place, and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide their company name and NIP number.
2.1.4 Order Form electronic service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.5. Newsletter - using the Newsletter is possible by checking the appropriate checkbox when creating an Account or placing an Order - the moment the Account is created or the Order is placed the Customer is subscribed to the Newsletter.
2.1.6 The Newsletter electronic service shall be free of charge for an indefinite period of time. The Customer shall have the opportunity to unsubscribe from the Newsletter (Newsletter unsubscribe) at any time and for any reason by sending an appropriate request to the Service Provider, in particular via email to the address: info@essence.pl or in writing to the address: ul. Partyzantów 11D, 32-500 Chrzanów.
2.2 Technical requirements necessary for cooperation with the tele-information system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 9.0 and higher, Opera version 11.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3 The Customer is obliged to use the Online Store in a manner consistent with the law and morality, with due regard to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The customer is obliged to enter data consistent with the facts. The Service Recipient is prohibited to provide unlawful content.
2.4 Complaint Procedure:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Terms and Conditions). 6 of the Terms and Conditions) The Customer may submit complaints, for example:
2.4.2. in writing at: ul. Partyzantów 11D, 32-500 Chrzanów;
2.4.3. in electronic form via e-mail at: reklamacje@bodypak.pl;
2.4.4 In the description of the complaint, the Customer is advised to provide (1) information and circumstances regarding the subject matter of the complaint, in particular, the type and date of the irregularity; (2) the Customer's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of submission.
3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer with the help of the Order Form in the Online Store, in accordance with point 2.1.2 of the Terms and Conditions.
3.2 Online Store conducts only retail sales. Wholesale is conducted through the wholesale panel, placed on the website www.hurt.bodypak.pl. In case of placing by one Customer an Order for more than 2 pieces of selected Goods from the category of Sets or Orders containing more than 10 pieces of the same Goods, the Seller reserves the right to cancel such Order or to execute it on conditions individually agreed with the Customer.
3.3 The Product price displayed on the Online Store website is expressed, depending on the Customer's choice, in EUR (euro), PLN (Polish zloty) or GBP (British pound). The Product price includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including fees for transport, delivery, and postal services) and other costs, and when it is not possible to establish the amount of these fees - about the obligation to pay them, the Customer is informed on the pages of the Online Store while placing the Order, including at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
3.4 The procedure of concluding the Sales Agreement in the Online Store using the Order Form
3.4.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order at the Online Store, in accordance with point 2.1.2 of the Terms and Conditions. 2.1.2 of the Regulations.
3.4.2. After submitting the Order the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be sent by the Seller to the Customer's e-mail address provided during the placement of the Order, which contains at least statements of the Seller on receipt of the Order and its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. At the moment of receipt of the above e-mail message by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
3.5 The consolidation, protection, and making available to the Customer the content of the concluded Sales Agreement takes place though (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email, referred to in point 3.3.2. of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller makes available to the Customer the following methods of payment for the Sales Agreement:
4.1.1. Payment in cash upon delivery.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.2.1. Bank: mBank S.A. Account number: 13 1140 1010 0000 2997 6400 1005 (payment in PLN currency).
4.1.2.2. Bank: mBank S.A. Account number: PL 29 1140 1010 0000 2997 6400 1008 (payment in GBP)
4.1.2.3. Bank: mBank S.A. Account number: PL 94 1140 1010 0000 2997 6400 1002 (payment in currency (EUR)
4.1.3. Electronic and credit card payments via PayU.pl, PayPal.com or Transferuj.pl - possible current methods of payment are specified on the Online Store website under "Methods of payment" and at http://www.payu.pl or http://www.paypal.com or http://www.transferuj.pl.
4.1.3.1 Settlement of electronic payment and payment card transactions shall be carried out at the Customer's choice via PayU.pl, PayPal.com or Transferuj.pl. Electronic payments and payment cards shall be processed by:
4.1.3.1.1. PayU.pl - the company PayU S.A. seated in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of 4,000,000 PLN fully paid up, NIP: 779-23-08-495.
4.1.3.1.2. PayPal.com - the company PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg. For each transaction carried out through PayPal.com, a commission of 2.3% of the price of the purchased product is added and such amount will be visible in the shopping cart after selecting this method of payment.
4.1.3.1.3 Transferuj.pl - the company Krajowy Integrator Płatności S.A. with its registered office in Poznań (registered office address: ul. Św Marcin 73/6, 61-808 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000412357, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital of PLN 4,798,500 fully paid up, NIP: 777-30-61-579.
4.1.4 The Customer can purchase Gift Cards in denominations of: 100 PLN, 200 PLN, 300 PLN. Gift Cards may be used in the following form:
- when shopping in the Online Store. When placing an order, enter the discount code in the shopping cart. The code can be found on each Gift Card;
- when shopping at Bodypak Stationery Stores by giving a Gift Card to the Seller.
Gift Cards are gift certificates and are not subject to any promotions organized by the Seller.
4.2 Payment Terms:
4.2.1 In case the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2 If the Customer chooses cash on delivery, the Customer is obliged to make payment on delivery.
5. THE COST, METHODS, AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1 The Product delivery to the Customer is chargeable unless the Sales Agreement provides otherwise. The Product delivery costs (including shipping, delivery charges, and postal services) are indicated to the Customer on the pages of the Online Shop under the "Delivery" tab and during submitting the Order, including also at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.2 Personal collection of the Product by the Customer is free of charge.
5.3 The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Courier delivery, cash on delivery.
5.3.2 Parcel Post, Parcel Post Collect.
5.3.3 Personal collection is available at stationary outlets at:
5.3.3.1. ul. Partyzantów 11A, 32-500 Chrzanów - during store opening hours (Monday to Friday from 10:00 am to 6:00 pm and on Saturdays from 9:00 am to 2:00 pm), excluding public holidays.
5.3.3.2. ul. Grunwaldzka 59 (GALENA Gallery - 1st floor), 43-600 Jaworzno - during store opening hours (Monday to Friday from 9:00 am to 9:00 pm, and on Sundays from 10:00 am to 8:00 pm), excluding public holidays.
5.4 The Product shall be delivered to the Customer within 10 Business Days unless a shorter period is specified in the Product description or during the Order placement process. In the case of Products with different delivery times, the delivery time is the longest period stated, but which cannot exceed 10 Business Days. The start of the Product delivery period to the Customer is calculated as follows:
5.4.1. If the Customer chooses a method of payment by bank transfer, electronic payment, or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2 In case of selection by the Customer of cash on delivery payment method - from the date of conclusion of the Sales Agreement.
5.5 The Product's readiness for collection by the Customer - If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 10 Business Days, unless a shorter deadline is specified in the Product description or during the Order placement process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified but shall not exceed 10 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The start of the Product's readiness for collection by the Customer is counted as follows:
5.5.1 In case of choosing by the Customer a method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller.
6. PRODUCT COMPLAINT
6.1 The basis and scope of liability of the Seller to the Customer, if the sold Product has a physical or legal defect (warranty) are set out in generally applicable laws, in particular the Civil Code.
6.2 The Seller is obliged to deliver the Product to the Customer without defects. Detailed information about the Seller's liability for defects in the Product and the Customer's rights are specified on the Online Store website in the "Product Complaint" tab.
6.3 A complaint may be submitted by the Customer for example:
6.3.1. in writing to the address: ul. Partyzantów 11D, 32-500 Chrzanów; or
6.3.2. in electronic form via e-mail to: reklamacje@bodypak.pl;
6.4.6.4 In the description of the complaint the Customer shall provide: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of the defect; (2) request for a method of bringing the Product into conformity with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; (3) contact details of the complainant, in addition, obligatory (4) drawing up a damage protocol with photographic documentation with the entity delivering the shipment, in case of damage or loss of contents - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within this period means that the Seller considered the complaint as justified.
6.6 The Buyer, who exercises the rights under warranty, is obliged to inform the Seller about the need to collect the defective Product, at the expense of the Seller, to the address: ul. Partyzantów 11D, 32-500 Chrzanów. Then, after verifying the complaint, the Seller determines the method of collecting the defective product. The Seller is not responsible for methods of delivery of defective goods not consulted with the Seller by the Customer. If due to the type of product or method of its assembly, delivery of the Product by the Customer would be too difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
7.1 Detailed information about the possibility of using out-of-court complaint handling and claim investigation procedures by the Customer who is a consumer, as well as the rules of access to these procedures are available in the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2 A Customer who is a consumer shall have the following examples of out-of-court complaint and redress procedures:
7.2.1. The Customer shall be entitled to apply to a permanent amicable consumer court as referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2001 No. 4 items 25 as amended) to resolve any dispute arising from the Sales Agreement concluded. The rules of organization and operation of permanent arbitration courts for consumers are set forth in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent arbitration courts for consumers. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Customer has the right to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2001 No. 4 items 25 as amended), to initiate mediation proceedings in the case of an amicable termination of a dispute between the Customer and the Seller. Information on the rules and procedures for mediation conducted by the provincial inspector of the Trade Inspection is available at the registered offices and on the websites of the individual provincial inspectorates of the Trade Inspection.
7.2.3. The Customer may obtain free assistance to resolve a dispute between the Customer and the Seller, also using the free assistance of county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association). Advice is provided by the Federation of Consumers at the e-mail address porady@dlakonsumentow.pl and by the Polish Consumer Association at the toll-free consumer helpline number 800 889 866.
7.2.4 The Customer may use the out-of-court complaint and redress procedures. Wishing to use the possibility of amicable resolution of disputes concerning Online Storeping, the Consumer may submit his/her complaint e.g. via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
8. RIGHT OF WITHDRAWAL
(APPLIES TO SALES AGREEMENTS ENTERED INTO FROM 25 DECEMBER 2014)
8.1 A consumer who has concluded a remote agreement, may within 30 calendar days withdraw from it without giving any reason and without bearing any costs, except for the costs set out in point. 8.8 of the Regulations. In order to meet the deadline, it is enough to send the statement before its expiry. A statement of withdrawal from the contract may be made, for example:
8.1.1. in writing to the address: ul. Partyzantów 11D, 32-500 Chrzanów;
8.1.2. in electronic form via e-mail to: info@essence.pl;
8.2 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in point 11 of the Terms and Conditions and on the Shop's website on the "Withdrawal from agreement" tab. The consumer may use the model form, but it is not mandatory.
8.3 The period for withdrawal shall begin:
8.3.1. for an agreement, in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him/her, other than the carrier, and in the case of an agreement, which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
8.3.2. for other agreements - from the date of execution of the agreement.
8.4 In the case of withdrawal from a remote agreement, the agreement is considered as not concluded.
8.5 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the Consumer's statement of withdrawal from the agreement, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs arising from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available at the Online Store). The Seller shall return the payment using the same method of payment used by the Consumer unless the Consumer has explicitly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides evidence of having sent it back, whichever event occurs first.
8.6 The Consumer shall be obliged to immediately, no later than within 14 calendar days from the date, on which he withdrew from the contract, return the Product to the Seller or transfer it to a person authorized by the Seller to collect it unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiry. The Consumer may return the Product to the address: ul. Partyzantów 11D, 32-500 Chrzanów.
8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.
8.8 Possible costs associated with the consumer's withdrawal from the contract to be borne by the consumer:
8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available at the Online Store, the Seller shall not be obliged to reimburse the consumer for additional costs incurred by him.
8.8.2 The Consumer shall bear the direct costs of returning the Product.
8.8.3 In the case of a Product which is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, is obliged to pay for the services performed until the withdrawal from the contract. The payment amount shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance.
8.9 The consumer is not entitled to withdraw from a remote agreement in relation to the agreements:
8.9.1. (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal from the contract; (3) in which the subject of the performance is a non-refabricated product, produced according to consumer specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject matter of the performance is a Product delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject matter of the performance are Products, which after delivery, due to their nature, are inseparably connected with other things (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations, over which the Seller has no control; (8) in which the consumer explicitly requested that the Seller came to him in order to perform urgent repair or maintenance; if the Seller provides in addition other services than those which the consumer requested to perform, or provides Products other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the agreement with regard to additional services or Products (9) in which the subject of the supply are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service; (13) for the supply of digital content which is not recorded on a tangible medium, if the provision of services began with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him about the loss of his right of withdrawal.
8.9 The Seller reserves that in case the Buyer chooses cash on the delivery payment method, in case the Buyer does not collect the purchased Product and does not pay the sales price and delivery costs, the Seller will be entitled within 30 days counted from the date of returning the Product not collected by the Buyer to the Seller's registered office, to withdraw from the SALES AGREEMENT and to demand from the Buyer a contractual penalty in the amount of 10% of the transaction value, which consists of the sales price, Product delivery costs and costs of return delivery of the Product not collected by the Buyer to the Seller's registered office.
8.10. Exercise by the Seller of the right of withdrawal referred to in Clause 8.10 shall be made by submitting a statement of withdrawal from the contract by post (registered mail) or by e-mail (to the e-mail address of the Buyer provided during the Order placement). If the Seller makes a declaration of withdrawal via e-mail, such declaration shall be deemed to be effectively made and delivered to the Buyer upon sending of such declaration (sending via e-mail) by the Seller to the Buyer's e-mail address.
9. PROVISIONS FOR ENTREPRENEURS
9.1 This section of the Terms and Conditions and the provisions contained herein shall apply only to Customers and Service Recipients who are not consumers.
9.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement, in this case, may take place without giving any reason and does not give rise to any claims towards the Seller by the Customer who is not a consumer.
9.3 In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including the requirement to make a prepayment in full or in part, and this regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
9.4 At the moment of issuing the Product by the Seller to the carrier, the benefits, and burdens associated with the Product and the danger of accidental loss or damage to the Product shall pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, diminution, or damage to the Product occurring from the acceptance of the Product for transportation until its release to the Customer and for the delay in transportation.
9.5 If the Product is sent to the Customer by a carrier, the Customer who is not a consumer shall be obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that during transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.
9.7 In the case of Customers who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Customer.
9.8 The liability of the Service Provider / Seller to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both for a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. Service Provider / Seller shall be liable to the Service Recipient / Customer who is not a consumer only for typical damage foreseeable at the time of the conclusion of the contract and shall not be liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.
9.9 Any disputes arising between the Seller / Service Provider and the Service Recipient / Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10.PERSONAL INFORMATION
10.1 Pursuant to Article 13(1) and (2) of 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 hereinafter: GDPR or Regulation), the Service Provider/Seller hereby informs that:
10.1.1. From the moment of creating an Account and/or submitting an Order, the Service Recipient/Customer consents to the processing by the Service Provider/Seller of the personal data provided by the Service Recipient/Customer and listed in these Terms and Conditions.
10.1.2 The Administrator of personal data of the Service Recipient/Customer is Bodypak spółka z ograniczoną odpowiedzialnością with its registered seat in Łódź, at ul. Rumuńska 1, 91-336 Łódź, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000743365, kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register, NIP number: 5272860222, REGON number: 380937270,
10.1.3 The Customer may contact the following regarding his/her personal data: IT department employee at the telephone number (32) 308 00 02 or via e-mail at: ido@bodypak.pl.
10.1.4 The personal data of the Service Recipient/Customer such as name, surname, place of residence/delivery, e-mail, phone number will be processed only for the purposes necessary for the below-specified purposes, the provision of such data is voluntary but necessary to perform the contract concluded with the Service Provider / Seller:
a. performing the concluded contract, including contacting the Service Recipient/Customer in connection with the performance of the contract (Article 6(1)(b) of the Regulation),;
b. handling of complaints and claims (Article 6(1)(c) of the Regulation);
c. to assert claims related to the concluded contract (Article 6(1)(f) of the Regulation);
d. archiving of documentation, i.e. contracts and billing documents (Article 6(1)(c) of the Regulation),
e. to comply with the Service Provider's/Seller's obligations under the law, especially tax law (Article 6 (1) (c) of the Regulation);
f. marketing activities and sending commercial information by electronic means (newsletter) (Article 6 par. 1 letter a) of the Regulation)
g. to carry out administrative activities by the Service Provider/Seller, including for analysis, statistics, internal reporting, (Article 6(1)(a) and (f) of the Regulation);
10.1.5 The Service Provider/Seller as the Administrator of the personal data of the Service Recipient/Customer informs that the data processed for the purposes indicated in point 9.1.4. might be shared with other entities, i.e.
10.1.5.1 entities with whom the Service Provider/Seller has entered into contracts of entrustment of personal data processing, i.e. entities providing services such as IT, HR and payroll, banking, legal, administrative, postal, courier services,
10.1.5.2 employees or collaborators of the Service Provider/Seller as well as entities providing support to the Service Provider/Seller on the basis of commissioned services and in accordance with the concluded agreements on entrusting data processing,
10.1.5.3 to state authorities or other entities authorized by law, in order to perform the obligations incumbent on the Service Provider/Seller (Tax Office, ZUS, PIP).
10.1.6 The Service Provider/Seller as the Controller of the Customer's/Customer's personal data informs that the personal data will be kept for the period necessary for the purposes indicated in clause 9.1.4, whereby:
10.1.6.1 data contained in forms and contracts - until the statute of limitations for claims under the contracts,
10.1.6.2 settlement documents - until the expiry of the statute of limitations for tax liabilities, unless otherwise provided in the relevant regulations,
10.1.6.3 documents related to complaints and claims - until the expiration of the limitations period for claims related thereto,
10.1.6.4 for the purpose of carrying out the activities indicated in point 9.1.4.f) data shall be processed until the Service Recipient/Customer withdraws their consent;
10.1.6.5 in order to carry out the activities indicated in point 9.1.4.g), the data shall be processed until the fulfillment of the legally justified interests of the Service Provider/Seller or until the Service Recipient/Customer objects to the processing of the data;
10.1.7 The Service Provider/Seller as the Data Controller informs that the Service Recipient/Customer has the following rights to:
10.1.7.1 access to and rectification of the content of their data pursuant to Articles 15 and 16 of the Regulation;
10.1.7.2 erasure, restriction of data processing pursuant to Articles 17 and 18 of the Regulation;
10.1.7.3 data portability pursuant to Article 20 of the Regulation,
10.1.7.4 object to the processing of data pursuant to Article 21 of the Regulation,
10.1.7.5 withdraw consent at any time without affecting the lawfulness of the processing performed on the basis of consent before its withdrawal if the processing of your data is based on Article 6(1)(a) or Article 9(2)(a);
10.1.8 The Service Recipient/Customer has the right to lodge a complaint to the President of the Office for Personal Data Protection (PUODO) if they consider that the processing of their personal data violates the provisions of the Regulation;
10.1.9 The Service Recipient/Customer's personal data shall not be processed by automated means, including profiling.
11. FINAL PROVISIONS
11.1 Contracts concluded through the Online Store are concluded in Polish.
11.2 Amendment:
11.3.1 The Service Provider reserves the right to make changes to the Terms of Use for important reasons, i.e.: changes in law, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms of Use.
11.3.2 In the case of conclusion of agreements of continuous character on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Regulations shall be binding upon the Customer if the requirements set forth in Article 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment of the Terms and Conditions will result in the introduction of any new fees or increase the current fees, the Customer who is a consumer has the right to withdraw from the contract.
11.3.3 In the case of conclusion of contracts other than continuous contracts (e.g. SALES AGREEMENT) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the rights acquired by the Service Recipients/Customers being consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or submitted as well as SALES AGREEMENTs concluded, executed or performed.
11.3 Any matters not regulated herein shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on rendering electronic services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers; for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
12. MODEL WITHDRAWAL FORM
(ANNEX NUMBER 2 OF THE CONSUMER RIGHTS ACT)