ONLINE STORE TERMS AND CONDITIONS
- The www.spraypeptides.com store operates on the terms set out in these Regulations.
- The Regulations define the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www. spraypeptides.com, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.
- Each Service Recipient, upon taking steps to use the Electronic Services of the www. spraypeptides.com Store, is obliged to comply with the provisions of these Regulations.
- In matters not covered by these Regulations, the following provisions shall apply:
- Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended),
- Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827),
- Act on out-of-court resolution of consumer disputes of 23 September 2016 (Journal of Laws of 2016, item 1823),
- The Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
DEFINITIONS CONTAINED IN THE REGULATIONS
- CONTACT FORM – a form available on the website www.spraypeptides.com that allows you to send a message to the Service Provider.
- REGISTRATION FORM – a form available on the website www.spraypeptides.com that allows you to create an Account.
- ORDER FORM – a form available on the website www.spraypeptides.com that allows placing an Order.
- CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
- ACCOUNT – marked with an individual name (login) and password, a collection of resources in the Service Provider’s ICT system, in which the Service Recipient’s data is collected, including information about placed Orders.
- PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- TERMS AND CONDITIONS – these Store regulations.
- STORE – the Service Provider’s online store operating at www.spraypeptides.com.
- SELLER , SERVICE PROVIDER – Karol Witański performing a business activity entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, place of business and address for service: ul. Consent 42, 43-100 Tychy, NIP: 6462912891, REGON: 385688110, e-mail address: email@example.com
- SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Store.
- SERVICE RECIPIENT – a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity to use the Electronic Service.
- ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
INFORMATION ON THE PRODUCTS AND THEIR ORDERING
- The www.spraypeptides.com store conducts retail and wholesale sales of Products via the Internet.
- The products offered in the Store are new, free from physical and legal defects and have been legally placed on the Polish market.
- The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.
- The Product price shown on the Store’s website is given in Polish zlotys (PLN). The price does not include delivery costs.
- The Product price shown on the Store’s website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store, which may occur for individual Products after the Customer places an Order.
- Orders can be placed via the website using the Order Form (Store www.spraypeptides.com) – 24 hours a day all year round.
- In order to place an Order, the Customer is not required to register an Account in the Store.
- The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
- The Store carries out Orders placed from Monday to Friday during the Store’s working hours, i.e. from 8:00 to 12:00 on business days. Orders placed on working days after 12:00, on Saturdays, Sundays and public holidays, will be processed on the next business day.
- Products in the promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stocks of a given Product run out.
CONCLUSION OF THE SALES CONTRACT
- To conclude a Sales Agreement, the Customer must first place an Order using the methods provided by the Seller, in accordance with § 3 point 6 and 8 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt.
- Confirmation of the acceptance of the Order, referred to in point 2 of this paragraph, binds the Customer with his Order. Confirmation of receipt of the Order is sent by e-mail.
- The confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- agreement withdrawal form,
- these Regulations containing instructions on the right to withdraw from the contract.
- As soon as the Customer receives the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
- Confirmation of the acceptance of the Order for execution takes place immediately after receiving the payment for the concluded Sales Agreement, in the form of an e-mail sent to the Customer’s address.
- Each Sales Agreement will be confirmed by a proof of purchase (invoice without VAT), which will be attached to the Product.
- The seller provides the following payment methods:
- payment via electronic payment services (PayPal.com), (Przelewy 24)
- traditional transfer to the Seller’s bank account.
- payment upon receipt of the goods for the so-called download
- In the case of payment by traditional transfer, the payment should be made to the bank account number: 98187010452083106461550001 A.) Karol Witański, ul. Zgody 42, 43-100 Tychy, NIP: 6462912891. In the title of the transfer, please enter “Order No. …”.
- In the case of payment via electronic payment services, the Customer makes the payment before starting the Order. Electronic payment services allow you to make payments by credit card or quick transfer from selected Polish banks.
- In the case of payment on delivery, the parcel is sent after verification of the correctness of the address data. The Customer is obliged to pay for the Order and collect the Product from the supplier.
- The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
- If you choose the payments described in points 1.1 and 1.2 of this paragraph, the Product will be sent only after its payment.
COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT
- Product delivery costs are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.
- The time for completing the Products is from 1 to 2 business days from the moment the funds paid under the Sales Agreement are credited to the Seller’s account or from the moment the Order is accepted for execution by the Seller in the case of choosing payment on delivery.
- Products purchased in the Store are shipped from Poland only within Europe via a courier company.
Shipment to other European countries:
- GLS -8 EUR
- Complaint under the warranty.
- The basis and scope of the Seller’s liability to the Customer who is a Consumer or an entity referred to in §10 of the Regulations, under the warranty covering physical and legal defects, are specified in the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- Notifications about defects regarding the Product and submitting a relevant request may be made via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Zgody 42, 43-100 Tychy
- In the above message, in written or electronic form, you should provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Seller.
- For the assessment of physical defects of the Product, it should be delivered to the following address: Zgody 42, 43-100 Tychy .
- The Seller will respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint.
- In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations – failure to consider the complaint within 14 days of its submission is tantamount to taking it into account. In connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller covers the costs of collection, delivery and replacement of the Product with a product free from defects.
- The response to the complaint is provided on paper or other durable medium.
RIGHT TO WITHDRAW FROM THE CONTRACT
- Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who concluded a distance contract, may withdraw from it without giving reasons, by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a declaration of withdrawal from the contract provided by the Store.
- In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer or the entity referred to in § 10 of the Regulations is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but not later than 14 days from the date, in which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
- In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Zgody 42, 43-100 Tychy
- The consumer or the entity referred to in § 10 of the Regulations is responsible for the reduction 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. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should handle the Products and check them only in the same way as they could do in a stationary store.
- Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations expressly agreed to a different method return that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the receipt by the Seller of the declaration of withdrawal from the Sales Agreement.
- If the Consumer or the entity referred to in § 10 of the Regulations has chosen a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse them for additional costs incurred by them.
- If the Seller has not offered to collect the Product himself from the Consumer or the entity referred to in § 10 of the Regulations, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in § 10 Of the Regulations, proof of its return, depending on which event occurs first.
- The consumer or the entity referred to in § 10 of the Regulations, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
- The fourteen-day period during which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in § 10 of the Regulations took possession of the Product, and in the case of the service from the day of concluding the contract.
- The right to withdraw from a distance contract is not entitled to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Agreement:
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the service is the service, if the Seller has fully provided the service with the express consent of the Consumer, who has been informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the contract.
- The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer in the event of the other party’s failure to perform its obligations within a strictly defined period.
PROVISIONS CONCERNING ENTREPRENEURS (B2B)
- This paragraph contains provisions relating only to entrepreneurs not covered by the protection resulting from the Act on consumer rights, referred to in § 10 of the Regulations .
- The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 working 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 Customer who is not a Consumer against the Seller.
- The Seller has the right to limit the payment methods made available by him in relation to the Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
- The benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, as well as for delay in transporting the shipment.
- In the case of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment in time and in the manner adopted for such shipments. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the liability of the carrier.
- The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to a Service Recipient who is not a Consumer.
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
(effective from January 1, 2021)
- An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is protected under the Act on Consumer Rights, provided that the Sales Agreement he concludes with the Seller is not of a professional nature.
- A person running a business referred to in point 1 of this paragraph is protected only to the extent of:
- prohibited contractual provisions – the so-called abusive clauses,
- liability under the warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,
- the right to withdraw from a distance contract, in accordance with § 8 of the Regulations.
- The entrepreneur referred to in point 1 of this paragraph loses the rights under consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular, the codes of the Polish Classification of Activities indicated therein.
- The entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by poviat consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of Electronic Services via the Store, such as:
- concluding Product Sales Agreements,
- keeping an Account in the Store.
- The provision of Electronic Services to Customers in the Store takes place under the conditions specified in the Regulations.
- The Service Provider has the right to post advertising content on the Store’s website. These contents are an integral part of the Store and the materials presented therein.
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
- The period for which the contract is concluded:
- the contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or the Customer ceases to submit it.
- the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
- Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
- computer (or mobile device) with Internet access,
- access to e-mail,
- Web browser,
- The Service Recipient is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to enter data consistent with the facts.
- The Service Recipient is forbidden to provide illegal content.
COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer via e-mail to the following address: email@example.com
- In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
- Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
- The Service Provider’s response to the complaint is sent to the Customer’s e-mail address provided in the complaint or in a different manner provided by the Customer.
CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the contract for the provision of Electronic Services:
- A contract for the provision of an Electronic Service of a continuous and indefinite nature (Account maintenance) may be terminated.
- The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: firstname.lastname@example.org
- The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides unlawful content after an unsuccessful prior call to cease violations with an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).
- Termination leads to termination of the legal relationship with effect for the future.
- The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
- All content posted on the website at www.spraypeptides.com is protected by copyright and (subject to § 15 point 3 and elements posted by Customers, used on the basis of a license, transfer of proprietary copyrights or permitted use) are the property of Karol Witański, ul. . Consent 42, 43-100 Tychy, NIP: 6462912891, REGON: 385688110. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content on the www.spraypeptides.com website, without the Service Provider’s consent.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the www.spraypeptides.com website constitutes a violation of the Service Provider’s copyright and results in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Store’s website at www.spraypeptides.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.spraypeptides.com are used for informational purposes.
- Agreements concluded through the Store are concluded in accordance with Polish law.
- In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
- All disputes arising from the Sales Agreements between the Store and Consumers will be resolved first by negotiation, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if it would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this section.
- Court settlement of disputes:
- Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in §10 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, referred to in §9 of the Regulations, shall be submitted to the court having jurisdiction over the Service Provider’s seat.
- The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov. pl / download.php? file = 6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
- In order to resolve the dispute amicably, the consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.