Shop rules
The content of the following regulations is available on the website: https://www.6paknutrition.com
Information:
The online store www.6paknutrition.com cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
Any questions regarding your health in the context of the use of all Products available on the Online Store website should be directed to your specialist doctor. Professional advice should never be overlooked or avoided because of content on the site.
Products, the use of which is associated with particular caution on the part of the customer, due to their composition and possible impact on the health of the sick person (impact on blood pressure, acceleration of metabolism, work of the circulatory and nervous systems) are marked with the following wording:
WARNING: If you have any medical problems or are unsure about the use of this product, consult your doctor before using it. Especially if you have low or high blood pressure, arrhythmia, heart, liver or thyroid disease, diabetes, anxiety attacks, depression, behavioral and cognitive disorders, epilepsy, asthma, difficulty urinating due to prostate disease, in addition if you are taking MAO inhibitors or any other other medications. Do not use if you are pregnant or breastfeeding. Be careful with other beverages containing caffeine and/or guarana throughout the day, especially if you are sensitive to these ingredients. Reduce the dose or discontinue the product completely if the following symptoms occur: insomnia, drowsiness, tremors of hands, body, headaches, nervousness, confusion, nausea, vomiting, chest pains, heart palpitations. Do not consume within 3-4 hours before going to bed. The product is intended only for persons over 18 years of age.
Any provisions and reservations of the Regulations of the store regarding consumers also apply to natural persons concluding contracts directly related to their business activity, when the content of these contracts shows that they are not of a professional nature for them, resulting in particular from the subject of their business activity, made available on based on the provisions on the Central Registration and Information on Economic Activity.
TERMS AND CONDITIONS OF THE ONLINE STORE 6PAKNUTRITION.COM
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM A DISTANCE AGREEMENT
9. PROVISIONS RELATING TO ENTREPRENEURS
10. PERSONAL DATA
11. FINAL PROVISIONS
12. TEMPLATE OF WITHDRAWAL FROM THE CONTRACT
Attachments:
1. Sample withdrawal form from a distance contract.
2. Return/Exchange form.
3. Complaint form.
1. GENERAL PROVISIONS
1.1. The online store available at www.6paknutrition.com is run by Trec Nutrition limited liability company with its registered office in Gdynia, at ul. Śmidowicza 48, 81-127 Gdynia, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000315748, kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, NIP number: 9581602454, REGON number 220696468, e-mail address: info@ 6paknutrition.com, contact phone number: (32) 308 00 02.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except point 10 of the Regulations, which is addressed only to entrepreneurs).
1.3. Definitions:
1.3.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.3.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.3.3. ORDER FORM Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.3.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - which 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 provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.3.7. LOWEST PRICE - the lowest price of the Product, which was in force in the period of 30 days before the introduction of the Product price reduction or which was in force from the day the Product was offered for sale until the date of the reduction (when a given Product is offered for sale in a period shorter than 30 days).
1.3.8. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail or telephone, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Store Internet.
1.3.9. PRODUCT - a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
1.3.10. ENTREPRENEUR WITH CONSUMER RIGHTS - a Customer who is a natural person concluding a Sales Agreement directly related to its business activity, when the content of this agreement shows that it is not of a professional nature for it, resulting in particular from the subject of its business activity, made available on based on the provisions on the Central Registration and Information on Economic Activity.
1.3.11. REGULATIONS - these regulations of the Online Store.
1.3.12. ONLINE STORE - the Service Provider's online store available at the Internet address: www.6paknutrition.com.
1.3.13. SELLER; SERVICE PROVIDER - Trec Nutrition limited liability company with its registered office in Gdynia, at ul. Śmidowicza 48, 81-127 Gdynia, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000315748, kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, NIP number: 9581602454, REGON number, e-mail address: info@6paknutrition .com, contact phone number: (32) 308 00 02.
1.3.14. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.3.15. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.3.16. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.
1.3.17. ACT ON CONSUMER RIGHTS, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.3.18. ORDER - Customer's declaration of will submitted 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 in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - the use of the Account is possible after completing a total of two subsequent steps by the Service Recipient - (1) completing the Registration Form and (2) clicking the "Register" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to the following address: ul. Dworcowa 2, 32-540 Trzebinia.
2.1.3. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form "I confirm the purchase" - until then, it is possible to modify the data entered (including for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.4. The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.5. Newsletter - the use of the Newsletter takes place by checking the appropriate checkbox when creating an Account or placing an Order - at the moment of creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.
2.1.6. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to the following address: ul. Dworcowa 2, 32-540 Trzebinia.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal 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 Regulations) may be submitted by the Customer, for example:
2.4.2. in writing to the address: ul. Dworcowa 2, 32-540 Trzebinia;
2.4.3. in electronic form via e-mail to the following address: [email protected];
2.4.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer's requests; and (3) contact details of the complainant - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
Information presented on the www.6paknutrition.com website, in particular announcements, advertisements, price lists and other information - constitute an invitation to conclude a Sales Agreement within the meaning of Art. 71 of the Civil Code, and are not a commercial offer within the meaning of Art. 66 and Art. 66(1) of the Civil Code.
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place under the conditions described in this point 3, after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.3 of the Regulations (offer to conclude a Sales Agreement submitted by the Customer).
3.2. The Online Store conducts only retail sales. Wholesale is conducted by the wholesale panel on the website www.hurt.bodypak.pl. If one Customer places an Order for more than 2 pieces of a selected Product from the Sets category or Orders containing more than 10 pieces of the same Product, the Seller reserves the right to cancel such an Order or to execute it on terms individually agreed with the Customer.
3.3. The price of the Product shown on the Online Store website is given, depending on the Customer's choice, in EUR (euro), PLN (Polish zloty) or GBP (British pound). The price of the Product includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.4. The procedure for concluding a Sales Agreement in the Online Store using the Order Form:
3.4.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.3 of the Regulations and acceptance of the Order for execution. Acceptance of the order for execution takes place after the payment made by the Customer is credited - in the case of choosing payment by traditional transfer, electronic transfer or by card, and in the case of choosing the "cash on delivery" payment method - acceptance of the order for execution takes place after placing the Order. The Customer receives an e-mail confirming the acceptance of the Order for execution - in accordance with point 3.4.2.2 below. 3.4.2. After placing the Order, the Seller immediately confirms its receipt. Confirmation of receipt of the Order is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order (the message is sent automatically). Acceptance of the Order for execution takes place: 3.4.2.1 upon receipt of payment of the order price together with delivery costs - for Orders for which payment by bank transfer or electronic payment / payment by credit card has been selected; 3.4.2.2 upon receipt of the Order by the Seller - for Orders for which "cash on delivery" payment has been selected. The conclusion of the Sales Agreement takes place when the Customer receives an e-mail confirming the acceptance of the Order for execution. An e-mail message confirming the acceptance of the Order for execution is generated and sent automatically after the payment made by the Customer is credited - if you choose to pay by traditional transfer, electronic transfer or by card, and if you choose the "cash on delivery" payment method - it is sent automatically after placing the Order.
3.5. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer an e-mail confirming the acceptance of the Order for execution, referred to in point 3.4.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
3.6 The accounting document (receipt or VAT invoice) is delivered to the Customer by e-mail to the e-mail address indicated in the Order Form, to which the Customer hereby agrees.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment in cash on delivery on delivery.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.2.1. ING Bank Śląski SA, IBAN: PL 75 1050 1764 1000 0023 3333 9428, SWIFT CODE: INGBPLPW (payment in PLN).
4.1.2.1. PKO BP SA, IBAN: PL 24 1020 3916 0000 0602 0287 4105, SWIFT CODE: BPKOPLPW5 (payment in EUR).
4.1.3. Electronic payments and card payments via PayU.pl, PayPal.com - possible current payment methods are specified on the Online Store website in the "Forms of payment" tab and on the website http://www.payu.pl or http:/ /www.paypal.com or http://www.transferuj.pl.
4.1.3.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via PayU.pl or PayPal.com. Electronic payments and payment card services are provided by:
4.1.3.1.1. PayU.pl - PayU S.A. company with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 7,789 PLN 000.00 fully paid, NIP: 779-23-08-495.
4.1.3.1.2. PayPal.com - PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg. For each transaction carried out via PayPal.com, a commission of 2.3% of the price of the purchased product is added and this amount will be visible in the shopping cart after choosing this payment method.
4.1.4. The Customer has the option of purchasing a Gift Card with the following denominations: PLN 100, PLN 200, PLN 300. Gift Cards can be used to pay for Goods in the following forms:
- when shopping in the Online Store. When placing an order, enter the code on each Gift Card in the shopping cart;
The Gift Card is valid for 12 months from the date of its issue.
Gift Cards are not subject to any promotions organized by the Seller.
4.2. PAYMENT DEADLINE:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of placing the Order.
4.2.2. If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon delivery.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the "Delivery" tab and when placing the Order, including when the Customer expresses his 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 receipt of the Product:
5.3.1. Courier delivery, COD courier delivery.
5.3.2. Parcel locker shipment, cash on delivery parcel locker shipment.
5.3.3. Personal collection is available at stationary points of sale at:
5.3.3.1. st. Dworcowa 2, 32-540 Trzebinia - during store opening hours (Monday to Friday from 10:00 to 18:00 and on Saturdays from 9:00 to 14:00), excluding public holidays. From 29.09.22, the collection of orders at the point is suspended.
5.4. The period of delivery of the Product to the Customer is up to 10 Business Days, unless a shorter period is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 10 Business Days. The beginning of the period of delivery of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses the 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. If the Customer chooses the method of payment in cash on delivery - from the date of placing the Order.
5.5. The date of readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 10 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date, which, however, may not exceed 10 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of the Product's readiness for collection by the Customer is counted as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product does not comply with the contract - are specified in generally applicable law, in particular in the Act on Consumer Rights and in the Civil Code.
6.2. The Seller is obliged to deliver the Product to the Customer in accordance with the contract. Detailed information on the Seller's liability for non-compliance of the Product with the contract and the Customer's rights are specified on the Online Store website in the "Complaint of goods" tab.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address: ul. Dworcowa 2, 32-540 Trzebinia; or
6.3.2. in electronic form via e-mail to the following address: [email protected];
6.4.6.4. It is recommended that the Customer indicate in the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of disclosing non-compliance with the contract; (2) Customer requests; (3) contact details of the complainant, and (4) a written damage report with photographic documentation with the entity delivering the parcel, in the event of its damage or loss of content - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
6.6. The Customer who exercises the rights due to non-compliance of the Product with the contract is obliged to inform the Seller about the need to collect the defective Product at the Seller's expense. Then the Seller, after verifying the complaint, determines the method of collecting the defective product. The Seller shall not be liable for methods of delivery of defective goods by the Customer that have not been consulted with the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the 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. The customer who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
7.2.1. The customer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 6 July 2017 on defining the regulations for the organization and operation of permanent arbitration courts at voivodship inspectors of the trade inspection (Journal of Laws 2017, item 1063).
7.2.2. The customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.
7.2.3. The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the e-mail address [email protected] and by the Polish Consumers Association at the free consumer helpline number 800 889 866.
7.2.4. The Customer may use out-of-court means of dealing with complaints and pursuing claims. In order to take advantage of the possibility of amicable resolution of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
8. RIGHT OF WITHDRAWAL FROM A DISTANCE AGREEMENT
All the following provisions of point 8 regarding the Consumer - also apply to the Entrepreneur with consumer rights.
8.1. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement or letter sent by post or e-mail). You can use the model withdrawal form, but it is not mandatory. In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
A consumer who has concluded a distance contract, as well as an Entrepreneur with consumer rights - may withdraw from it within 30 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Dworcowa 2, 32-540 Trzebinia;
8.1.2. in electronic form via e-mail to the following address: [email protected];
8.2. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 13 of the Regulations and on the Online Store website in the "Withdrawal from the contract" tab. The consumer may use the form template, but it is not mandatory.
8.3. The deadline to withdraw from the contract begins:
8.3.1. for a contract under which the Seller issues 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 other than the carrier, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.
8.6. The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. The consumer may return the Product to the following address: ul. Szkolna 29, 95-054 Ksawerów.
8.7. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The consumer bears the direct cost of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
(1) for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the performance that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawing from the contract; (3) in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is goods that deteriorate quickly or have a short shelf life; (5) in which the subject of the service is goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control; (8) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or delivers goods other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or goods; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur started the service with the express and prior consent of the consumer, who was informed before the service began that after the performance of the service by the entrepreneur he would lose the right to withdraw from the contract , and acknowledged it, and the entrepreneur provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1; (14) a statement of services for which the consumer is liable to pay a price, for which the consumer has expressly requested the trader to come to him for repair and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The Seller stipulates that if the Customer chooses the method of payment in cash on delivery, if the Buyer fails to collect the purchased Product and fails to pay the sales price and delivery costs, the Seller shall be entitled within 30 days from the date of return of the Product not collected by the Buyer to the Seller's registered office, to withdraw from the sales contract and demand a contractual penalty from the Buyer in the amount of 10% of the transaction value, which consists of: the sale price, the cost of delivery of the Product and the cost of returning the Product not collected by the Buyer to the Seller's registered office.
8.11. The Seller's exercise of the right of withdrawal referred to in par. 8.10 will be made by submitting a declaration of withdrawal via traditional mail (registered mail) or via e-mail (to the Customer's e-mail address provided when placing the Order). If the Seller submits a declaration of withdrawal from the contract via e-mail, such a declaration shall be deemed to have been effectively submitted and delivered to the Buyer at the moment of sending this declaration (sending via e-mail) by the Seller to the Buyer's e-mail address.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers and who are not Entrepreneurs with consumer rights. Customers and Service Recipients who, in accordance with the provisions of the previous sentence, are covered by the provisions of this point (and therefore Customers and Service Recipients who are not Consumers and are not Entrepreneurs with consumer rights) - hereinafter referred to as Entrepreneurs.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Entrepreneur within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Entrepreneur against the Seller.
9.3. In the case of Entrepreneurs, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Entrepreneur and the fact of concluding the Sales Agreement.
9.4. Upon the release of the Product by the Seller to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Entrepreneur. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Entrepreneur and for delays in the transport of the shipment.
9.5. If the Product is sent to the Entrepreneur via a carrier, the Entrepreneur is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
9.6. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Entrepreneur is excluded.
9.7. In the case of Service Recipients who are Entrepreneurs, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is an Entrepreneur, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, not but more than one thousand zlotys. The Service Provider/Seller is liable to the Service Recipient/Customer who is an Entrepreneur only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Service Recipient/Customer who is an Entrepreneur.
9.9. Any disputes arising between the Seller/Service Provider and the Customer/Recipient who is an Entrepreneur shall be submitted to the court competent for the seat of the Seller/Service Provider.
10. PERSONAL DATA
10.1. According to Art. 13 sec. 1 and sec. 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 the Regulation) The Service Provider/Seller hereby informs that:
10.1.1. Upon setting up an Account and/or placing an Order, the Service Recipient/Customer agrees to the processing by the Service Provider/Seller of his/her personal data provided by the Service Recipient/Customer listed in these Regulations.
10.1.2. The administrator of the Service Recipient's/Client's personal data is Trec Nutrition spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia, at ul. Śmidowicza 48, 81-127 Gdynia, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000315748, kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, NIP number: 9581602454, REGON number 220696468, e-mail address: [email protected], contact phone number: (32) 308 00 02.
10.1.3. Regarding their personal data, the Service Recipient/Customer may contact: an employee of the IT department at the telephone number (32) 308 00 02 or via e-mail at the following address: [email protected]
10.1.4. Personal data of the Service Recipient/Customer, such as: name, surname, place of residence/delivery, e-mail, telephone number, will be processed only for the purposes necessary for the purposes set out below, providing this data is voluntary, but necessary for the implementation of the contract concluded with the Service Provider/Seller contracts:
a. performance of 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. consideration of complaints and claims (Article 6(1)(c) of the Regulation);
c. pursuing claims related to the concluded contract (Article 6(1)(f) of the Regulation);
d. archiving documentation, i.e. contracts and billing documents (Article 6(1)(c) of the Regulation),
e. performance of obligations imposed on the Service Provider/Seller resulting from the provisions of law, especially tax law (Article 6(1)(c) of the Regulation);
f. conducting marketing activities and sending commercial information by electronic means (newsletter) (Article 6(1)(a) of the Regulation)
g. conducting administrative activities by the Service Provider/Seller, including 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/Client informs that the data processed for the purposes indicated in point 10.1.4. may be made available to other entities, i.e.
10.1.5.1 entities with whom the Service Provider/Seller has concluded agreements entrusting the processing of personal data, i.e. entities providing services such as: IT, HR and payroll, banking, legal, administrative, postal, courier,
10.1.5.2 employees or associates of the Service Provider/Seller as well as entities providing support to the Service Provider/Seller on the basis of outsourced services and in accordance with concluded data processing entrustment agreements,
10.1.5.3 state authorities or other entities authorized under the law in order to perform the obligations incumbent on the Service Provider/Seller (Tax Office, Social Insurance Institution, National Labor Inspectorate).
10.1.6. The Service Provider/Seller as the Administrator of the personal data of the Service Recipient/Customer informs that personal data will be stored for the period necessary to achieve the goals indicated in point 10.1.4., however:
10.1.6.1 data contained in forms and contracts - until the statute of limitations for claims under contracts,
10.1.6.2 settlement documents - until the expiry of the statute of limitations for tax liabilities, unless the relevant provisions provide otherwise,
10.1.6.3 documents related to claims and complaints - until the expiry of the limitation period for related claims,
10.1.6.4 in order to carry out the activities indicated in point 10.1.4.f) the data will be processed until the Service Recipient/Customer withdraws the previously expressed consent;
10.1.6.5 in order to carry out the activities indicated in point 10.1.4.g) the data will be processed until the legally justified interests of the Service Provider / Seller are fulfilled or until the Service Recipient / Customer objects to data processing;
10.1.7. The Service Provider/Seller as the Administrator of personal data informs that the Service Recipient/Client has the following rights to:
10.1.7.1 access to the content of your data and rectification pursuant to art. 15 and 16 of the Regulation;
10.1.7.2 deletion, limitation of data processing pursuant to art. 17 and 18 of the Regulation;
10.1.7.3 transfer of data pursuant to art. 20 of the Regulation,
10.1.7.4 to object to data processing pursuant to art. 21 of the Regulation,
10.1.7.5 withdrawal of consent at any time without affecting the lawfulness of the processing which was made on the basis of consent before its withdrawal, if the processing of your data is carried out on the basis of art. 6 sec. 1 lit. a) or Art. 9 sec. 2 lit. and);
10.1.8. The Service Recipient/Customer has the right to lodge a complaint with the President of the Personal Data Protection Office (PUODO) when he considers that the processing of his personal data violates the provisions of the Regulation;
10.1.9. Personal data of the Service Recipient / Customer will not be processed in an automated manner, including in the form of profiling.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.:
11.2.1.1 changes to applicable law;
11.2.1.2 changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations;
11.2.1.3 expansion, change or withdrawal of existing or introducing new functionalities of the Store or introducing new services covered by the Regulations;
11.2.1.4 change of the technical conditions for the provision of electronic services;
11.2.1.5 change of contact details, names, identification numbers or links included in the Regulations;
11.2.1.6 the need to remove clerical errors, ambiguities or other errors that have occurred in the Regulations;
11.2.1.7 fraud prevention;
11.2.1.8 for security reasons;
11.2.1.9 improving the operation of the Store and customer service;
11.2.1.10 changes to the process of concluding contracts and placing orders via the Store
11.2.2. n the case of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
11.2.3. In the event of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not impact on already placed or submitted Orders and concluded, implemented or performed Sales Agreements.
11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); and other relevant provisions of generally applicable law.
12. TEMPLATE OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee [here the trader should enter the name of the trader, full postal address and, if available, fax number and e-mail address]
– I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*)
contract for the supply of the following items (*) contract for a specific task consisting in the performance of the following items (*) / for the provision of the following service (*)
– Date of contract conclusion(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete where not applicable.