REGULATIONS OF THE ONLINE STORE
The terms used in the Regulations shall have the following meaning:
- Customer – a natural person, a legal person or an organisational unit not being a legal person, to whom special provisions grant legal capacity, who places an Order within the Store;
- Consumer – in accordance with Article 22 of the Civil Code, means a natural person who performs with an entrepreneur a legal act that is not directly related to his/her business or professional activity.
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
- Regulations – these Regulations defining the general terms and conditions of sales and the rules of providing services by electronic means within the Perfect Body Elite online store;
- Online Store (Store) – a website available at https://perfectbodyelite.com/, through which the Customer may, in particular, place Orders;
- Goods – products presented in the Online Store;
- Sales Contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between NUTRIFARM Sp. z o.o. and the Customer, concluded with the use of the Store’s website;
- Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);
- Act on Rendering Electronic Services – the Act of 18 July 2002 on Rendering Electronic Services (Journal of Laws, No. 144, item 1204, as amended);
- Order – a declaration of the Customer’s will, aiming directly at concluding the Sales Agreement, specifying in particular the type and quantity of Goods.
- These Regulations define the rules of using the online store available at https://perfectbodyelite.com/.
- These Regulations are the regulations referred to in Article 8 of the Act on Rendering Electronic Services.
- The Perfect Body Elite Online Store, operating at https://perfectbodyelite.com/, is run by NUTRIFARM Sp. z o.o., Pustynia 84G, 39-200, Dębica, NIP (Tax Identification No.): 8722235030, REGON (National Business Registry No.): 180037377, entered in the Register of Entrepreneurs kept by the DISTRICT COURT IN RZESZÓW, 12TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS No. 0000234182.
- These Regulations specify in particular:
– the rules of registering and using the account within the Online Store;
– the conditions and rules for placing Orders electronically within the Online Store;
– the rules of concluding Sales Contracts with the use of services provided within the Online Store.
- In order to use the Online Store, the Customer should obtain access to a computer station or a terminal device with Internet access on its own.
- In accordance with the applicable law, NUTRIFARM Sp. z o.o. reserves the right to limit the provision of services via the Online Store to persons over 18 years of age. In such a case, potential Customers shall be notified of the above.
- Customers can access these Regulations at any time through a link on the homepage of the website https://perfectbodyelite.com/ and download and print it out.
III. Rules of using the Online Store
- Registration with the Online Store is optional. The Customer may place an order without registering with the Store, after reading these Regulations and accepting them.
Registration is done by completing and accepting the registration form, available on one of the websites of the Store.
The condition of registration is to give consent to the content of the Regulations and to provide personal data marked as mandatory.
NUTRIFARM Sp. z o.o. may deprive the Customer of the right to use the Online Store, and may also restrict its access to part or all of the resources of the Online Store, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular, when the Customer:
– provides data during registration in the Online Store which is false, inaccurate or outdated, misleading or infringing the rights of third parties,
– infringes the personal rights of third parties via the Online Store, in particular the personal rights of other customers of the Online Store,
– behaves in any other way which is considered by NUTRIFARM Sp. z o.o. to be contrary to the applicable law or general rules for using the Internet or detrimental to the repute of NUTRIFARM Sp. z o.o..
A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of NUTRIFARM Sp. z o.o..
- In order to ensure the security of the transmission of messages and data in connection with the services provided within the Website, the Online Store shall take technical and organisational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the collection and modification by unauthorised persons of personal data transmitted over the Internet.
- The Customer shall, in particular:
– use of the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet,
– not provide or transmit content that is prohibited by law, e.g. content that promotes violence, defames or infringes on the personal rights and other rights of third parties,
– use the Online Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
– refrain from taking any action, such as sending or placing unsolicited commercial information (spam) within the Online Store,
– use the Online Store in a manner that is not burdensome for other customers and for NUTRIFARM Sp. z o.o.,
– use any content posted within the Online Store only for his/her own personal use.
Procedure for the conclusion of a Sales Contract
- In order to conclude a Sales Contract via the Online Store, the Customer should visit the website https://perfectbodyelite.com/ and select the Goods by taking subsequent technical actions on the basis of the messages displayed to the Customer and information available on the website.
- The selection of the Goods ordered by the Customer is made by adding them to the basket.
- During the process of placing the Order – until the moment of pressing the button confirming that the Order has been placed – the Customer can modify the entered data and the selected Goods. In order to do so, the Customer should follow the messages displayed to him/her as well as the information available on the website.
- After the Customer using the Online Store has provided all the necessary information, a summary of the Order placed will be displayed. The summary of the Order placed shall contain, among other things, a description of the selected goods or services, the total price and all other costs.
- In order to send the Order, it is necessary to accept the contents of the Regulations, provide personal data marked as mandatory and press the button confirming that the Order has been placed.
- The information about the Goods provided on the Store’s website constitutes an offer within the meaning of Article 66 of the Civil Code. Sending the Order by the Customer constitutes a declaration of will to conclude a Sales Contract with NUTRIFARM Sp. z o.o., in accordance with the contents of the Regulations.
The contract shall be deemed concluded when the Customer’s Order is received by the Online Store’s IT system, provided that the Order complies with the Regulations.
After the conclusion of the contract, the Customer receives an e-mail with confirmation of all important elements of the Order.
- Customers can access these Regulations at any time through a link on the homepage of the website https://perfectbodyelite.com/ and download and print it out.
Recording, securing, making available and confirming the essential provisions of the Sales Contract for the Goods to the Customer shall be effected by sending the Customer to the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation and specification of the Order and the VAT invoice.
- Delivery of Goods shall be made to the email address specified by the Customer during the placement of the Order, in the form of digital content (PDF file) immediately, no later than ………… from receiving the payment. For proper use of the Goods, it is necessary for the Customer to have separate software to read these files, e.g. …………………… in the version ………………………
- If the Goods are delivered in the form of digital content that is not stored on a tangible medium, the Customer expressly agrees that the fulfilling of the service began before the end of the withdrawal period and hence they are informed about the loss of the right to withdraw from the contract with this type of contract.
Prices and methods of payment
- Prices of the Goods are given in EUR and include all components, including VAT, customs duties and all other components.
- The Customer has the option to pay the price:
– by bank transfer
– using the PayU system
– using the PayPal system
The credit card shall be charged upon shipment of the Goods.
VII. Right of withdrawal from the contract
Model instructions for the withdrawal from the contract
Right of withdrawal from the contract
You (the Customer) have the right to withdraw from this contract within a period of 14 days without giving any reason. The withdrawal period shall expire 14 days from the date of conclusion of the contract.
In order to exercise your right of withdrawal you must inform us (NUTRIFARM Sp. z o.o., Pustynia 84G, 39-200, Dębica, email@example.com, Phone: 146803200) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You can use the model withdrawal form, but this is not obligatory. You may also fill in and send a withdrawal form or any other unequivocal statement by e-mail on our website at https://olimpsport.com/pl/odstapienie-od-umowy. If you make use of this option, we will send you an acknowledgement of receipt of the information on withdrawal on a durable medium (e.g. e-mail) without delay.
In order to comply with the withdrawal period, it is sufficient that you send us information on the exercise of your right of withdrawal from the contract before the withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, we will reimburse you for all payments received from you, including the costs of delivering the goods (with the exception of the additional costs arising from the method of delivery chosen by you other than the cheapest usual method of delivery offered by us), immediately and in any event no later than 14 days after we are informed of your decision to exercise your right of withdrawal from this contract. We will process your refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
We will take back the goods. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal of the consumer is excluded in relation to:
- Contracts for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
- Contracts for delivery of digital content that is not stored on a tangible medium if the fulfilling of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)
– Addressee NUTRIFARM Sp. z o.o., Pustynia 84G, 39-200, Dębica, firstname.lastname@example.org , Phone: 146803200
– I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following goods(*) the contract of supply of the following goods(*) the contract for specific work consisting in the performance of the following goods(*)/the provision of the following service(*)
– Date of conclusion of the contract(*)/collection(*)
– Full name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete as appropriate.
VIII. Complaints about the Goods
Applies to a Customer who is a Consumer:
We are obliged to deliver the Goods free from defects. The statutory liability for defects in the goods sold (statutory warranty for defects) shall apply within the scope specified in Article 556 and Article 556-556 et seq. of the Civil Code.
Complaints can be made:
– in writing to the following address: NUTRIFARM Sp. z o.o., Pustynia 84G, 39-200, Dębica.
– by e-mail to: email@example.com.
– or by using the contact form available on the Store’s website.
In the event of exercising statutory warranty rights, if we deem it necessary to consider the complaint, you are obliged to deliver the defective goods at our expense to the postal address indicated above. If, due to the type of the goods or the way in which they are installed, the delivery of the goods is excessively difficult, you must make them available to us at the place where they are located. We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission.
We shall be liable under the statutory warranty if a physical defect is found within two years from the date of delivery of the goods to you. If the object of sale is a movable object, the liability under the statutory warranty shall be one year from the date of its delivery.
In the submitted complaint it is recommended to (1) provide information concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) specify the request concerning the manner of removing the defect (replacement of the goods with new ones, repair of the goods, price reduction, withdrawal from the contract – if the defect is material); and (3) provide contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Store. The recommendations referred to in the preceding sentence are in the form of non-binding instructions only and in no way affect the effectiveness of complaints made without the provision of the recommended information.
Applies to a Customer who is not also a Consumer:
In the case of a Sales Contract concluded with a Customer who is not also a Consumer, pursuant to Article 558 § 1 of the Civil Code, the Online Store’s liability under the statutory warranty for defects in the Goods shall be excluded. This exclusion shall be ineffective in the event of fraudulent concealment of a defect by us.
Complaints concerning the provision of services by electronic means
- NUTRIFARM Sp. z o.o. takes steps to ensure the fully proper functioning of the Online Store, to the extent resulting from current technical knowledge, and undertakes to remove within a reasonable period of time any irregularities reported by the Customers.
- The Customer may notify us of any irregularities or interruptions in the operation of the website of the Online Store. Any irregularities related to the functioning of the Store should be reported by e-mail to: firstname.lastname@example.org
- In the complaint concerning irregularities related to the functioning of the website of the Online Store, please indicate the type and date of occurrence of the irregularities.
- We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission.
Out-of-court complaint handling and redress
- We would like to inform you that out-of-court complaint handling and redress procedures can be used. Thy can be used on a voluntary basis and only if both parties to the dispute agree to it.
– The Consumer may submit a request to the Trade Inspection for the initiation of an out-of-court settlement of consumer disputes concerning the concluded Sales Contract, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
– The Consumer may also request that a dispute concerning the concluded Sales Contract be settled by a permanent arbitration court acting with the relevant voivodeship inspectorate of the Trade Inspection, pursuant to Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
– The European Commission also provides a platform for online dispute resolution between Consumers and Traders (the ODR platform). It is available at the following address: http://ec.europa.eu/consumers/odr/.
- Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of the voivodeship inspectorates of the Trade Inspection and at the Internet address: https://uokik.gov.pl/spory_konsumenckie.php.
- We would like to inform you that we undertake to use out-of-court dispute resolution with Consumers within the meaning of the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes. The entity entitled to resolve out-of-court disputes between NUTRIFARM Sp. z o.o. and the Consumer is: the District Court in Rzeszów available at the following address: http://rzeszow.sr.gov.pl. The Consumer may request that this body initiate an out-of-court settlement of consumer disputes procedure.
- The competent court for resolving disputes with Consumers shall be the court of local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
- Any disputes arising between NUTRIFARM Sp. z o.o. and a Customer who is not a Consumer shall be settled by the court having jurisdiction over our registered office.
- To matters not covered by these Regulations, the provisions of the applicable law, in particular the provisions of the Act of 23 April 1964 – Civil Code (consolidated text Journal of Laws of 2014, item 121, as amended) and the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) shall apply. In case of any contradictions of these Regulations with the rights of the Customers and the provisions resulting from the universally binding regulations, the universally binding provisions of the Polish law shall apply.