ONLINE STORE TERMS AND CONDITIONS
§ 1 Definitions
Guest – an unregistered customer
Customer – an entity with whom, in accordance with the law and the Online Store Terms and Conditions, a sales contract may be concluded and to whom services may be provided electronically.
Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.
Account – a feature of the Online Store marked with an individual name and secured with a password provided by the Customer, containing a set of resources in the Seller’s ICT system, in which the Customer’s data is collected, including information about Orders placed.
Product – Goods presented in the Online Store.
Entrepreneur – a natural person, legal person or organisational unit referred to in Article 331 § 1 of the Civil Code (not being a legal person to whom the law grants legal capacity), conducting business or professional activity on its own behalf.
Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person.
Shipping cost – the cost of Delivery in accordance with the price list presented each time when purchasing products, before payment for the Product.
Shopping basket – software enabling the Customer to aggregate selected Products before purchasing them and to calculate their value. When selecting Products, the Customer may freely manage the contents of the Shopping basket by adding or removing Products from it.
Online Shop Terms and Conditions (Terms and Conditions) – these terms and conditions.
Online Shop – the website at www.muscle-clinic.pl through which the Seller presents Products and their prices. The presentation of Products in the Online Shop constitutes an invitation to conclude a contract. If the Customer is interested in concluding a Sales Contract, they have the option of submitting an offer to purchase Products (Order). For this purpose, the Seller provides the Customer with appropriate system tools on the terms specified in the Terms and Conditions.
Seller/Service Provider – Centrum Odżywek i Suplementów Fit Aktiv with its registered office in Warsaw, ul. Jana Pawła II 22, 00-133 Warsaw, NIP: 522-243-92-59, tel: _____________
Goods – movable items, excluding goods with digital elements and digital content carriers.
Order – a declaration of will made by the Customer, aimed at concluding a Distance Sales Agreement.
Sales Agreement – an agreement for the sale of Products using means of distance communication.
§1 – General provisions
The online shop conducts retail sales via the Internet, based on these Terms and Conditions.
The condition for concluding a Sales Agreement is the Customer’s acceptance of the Terms and Conditions.
The prices quoted in the Shop are gross prices (including VAT) and do not include Delivery Costs.
§2 – Order
In order to place an Order, select the available Product (if there are flavour options, also the flavour) and click ‘Add to basket’.
After clicking ‘Add to basket’, the Customer can select the option ‘Continue shopping’ or ‘Proceed to checkout’. If the ‘Proceed to checkout’ option is selected, the Customer is redirected to the ‘Basket’ where there is a list of products added to the ‘Basket’ and their price. Now, by clicking on the ‘Finalise order (checkout)’ field, the Customer fills in the “Address” field, selects the ‘Delivery method’ and then ‘Payment’.
In this way, the Seller receives an Order, which is a binding offer by the Customer to purchase the Products from the ‘Basket’.
When the Seller approves the received Order (and thus accepts the offer), the Sales Agreement is concluded. The Order confirmation will be sent by the Seller to the email address provided by the Customer during Account registration or when placing an Order as a Guest. Even before the Order is confirmed, the Customer will receive confirmation that the Order has been received by the Seller, which does not mean that it has been confirmed and a Sales Agreement has been concluded.
In exceptional circumstances, the Product may be unavailable for reasons that could not have been foreseen, e.g. due to a technical error or the last available Product in stock being damaged. In such a situation, the Seller will not confirm the Order and will contact the Customer. At this stage, the Customer may modify the Order. However, if within 3 working days of placing the Order, the Seller and the Customer are unable to find a mutual solution, or the Seller is unable to contact the Customer, the Sales Agreement will not be concluded and the Customer will receive an e-mail confirming the cancellation of the Order. If the Customer has already paid, the funds will be refunded immediately using the same payment method used by the Customer.
An Order may be placed both by a Customer with an Account and as a Guest.
§3 – Payments
The Customer may choose from the following payment methods:
cash on delivery
via PayPal
via Przelewy24
2. Shipping costs are specified in the delivery price list and when placing the Order.
§4 – Delivery
Purchased Products are delivered via courier or made available for collection by the Customer at the company’s headquarters. Available delivery methods, delivery costs and information about the delivery or collection date are provided when placing an order and in the ‘Deliveries’ tab on the Online Shop website.
In the case of payment by means other than cash on delivery, the shipping date is extended by the period between the date of placing the order and the date of crediting the amount due to the Online Store’s bank account.
Orders placed after 3 p.m. are shipped the next business day, except in cases where the Sales Agreement is not concluded.
In the case of a consumer distance purchase, the Seller always bears the risk of accidental damage or loss of goods in transit. If the ordered products are delivered with obvious damage caused during transport, please report such a defect to the courier company as soon as possible and contact us.
§5 – Complaints
In the event of non-compliance of the Goods with the contract, the Customer who is a Consumer shall be entitled to the rights specified in Chapter 5a of the Consumer Rights Act. The above provisions concerning the Consumer shall also apply to an entrepreneur with the rights of a Consumer.
The Seller shall be liable for any lack of conformity of the Product with the contract existing at the time of its delivery for two years from that moment, unless the shelf life is longer.
The Consumer may request repair or replacement of the Goods.
The Seller may replace the Goods when the Consumer requests repair, or the Seller may repair the Goods when the Consumer requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer about the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer purchased them.
In order to exercise their rights, the Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods at their own expense.
The Consumer shall also have the right to submit a statement on price reduction or withdrawal from the Sales Contract if the Goods are not in conformity with the contract, when
a) the Seller has refused to bring the Goods into conformity with the contract;
b) the Seller has failed to bring the Goods into conformity with the contract;
c) the Goods are still not in conformity with the contract, despite the Seller’s attempts to bring them into conformity with the contract;
d) the non-conformity of the Goods with the contract is so significant that it justifies an immediate price reduction or withdrawal from the Sales Agreement;
e) it is clear from the Seller’s statement or circumstances that the Seller will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
The reduced price must be in such proportion to the price resulting from the Sales Agreement as the value of the Goods not in conformity with the agreement is to the value of the Goods in conformity with the Sales Agreement. The refund of the amount due as a result of exercising the right to reduce the price shall be made no later than within 14 days from the date of receipt of the Consumer’s statement on the price reduction.
The Seller may refuse to accept the Consumer’s statement of withdrawal from the Sales Agreement if it proves that the non-compliance of the Goods with the Agreement is insignificant.
In the event of withdrawal from the Sales Agreement, the Consumer shall immediately return the Product to the Seller at the Seller’s expense. The Seller shall refund the price immediately, but no later than within 14 days from the date of receipt of the Product or proof of its return.
If the lack of conformity with the contract concerns only some of the Products delivered under the contract, the Consumer may withdraw from the contract only in relation to those Products, as well as in relation to other Products purchased by the Consumer together with the Products not in conformity with the contract, if it cannot be reasonably expected that the Consumer would agree to keep only the Products in conformity with the Sales Contract.
The Seller shall refund the price using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for them.
The Consumer may submit any complaints related to the Goods or the performance of the Sales Agreement in any form. The Seller prefers the electronic form by sending the complaint to the e-mail address: Shop sklep@muscleclinic.pl or by telephone at the following number: ________
The consumer may also choose other forms of filing a complaint, e.g. at the company’s registered office (ul. Jana Pawła II 22, 00-133 Warsaw) or in writing by post sent to the Seller’s registered office.
The Seller shall not be liable for the non-compliance of the Goods with the contract if the Consumer, at the latest at the time of conclusion of the contract, was expressly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract and expressly and separately accepted the lack of a specific feature of the Goods.
The Seller shall respond to the complaint within 14 days of its receipt.
In the case of a Sales Agreement concluded with an Entrepreneur, with the exception of an entrepreneur with consumer rights, pursuant to Article 558 § 1 of the Civil Code, the Online Store’s liability under the warranty for defects is excluded.
§6 – Withdrawal from the contract / Right to withdraw from the contract
A Consumer who has concluded a Sales Agreement in the Online Store may withdraw from it within 14 days without giving any reason and without incurring any costs, except for the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer about the need to bear these costs. If the Consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
In order to exercise the right to withdraw from the Sales Agreement, the Consumer may send a statement of withdrawal to the following address: Centrum Odżywek i Suplementów Fit Akiv ul. Jana Pawła II 22, 00-133 Warsaw.
The Consumer may also complete and send a Sales Agreement withdrawal form or any other unambiguous statement by e-mail to the e-mail address provided on the Store’s Website sklep@muscleclinic.pl.
If the Customer chooses this option, we will immediately send confirmation of receipt of the withdrawal notice by e-mail.
The Consumer may use the model withdrawal form, but this is not mandatory. The model form is included in Appendix 1 to the Terms and Conditions.
To meet the deadline, it is sufficient to send the statement before its expiry.
The period for withdrawal from the Sales Agreement begins for the Sales Agreement from the moment the Product is taken into possession by the Consumer or a third party designated by them other than the carrier, and in the case where the Sales Agreement covers multiple Products that are delivered separately, in batches or in parts, from the moment the last Product, batch or part is taken into possession, and for other agreements – from the date of their conclusion.
In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded. If the Consumer has made a statement of withdrawal from the Sales Agreement before the Seller has accepted his offer, the offer shall cease to be binding.
The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Agreement, 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 Consumer other than the cheapest one).
The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for them.
If the Seller has not offered to collect the Product himself, he may withhold the refund of payments received from the Consumer until he receives the Product or the Consumer provides proof of its return, whichever occurs first.
The Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the Sales Agreement, unless the Service Provider has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.
The Product or Products should be returned to the following address: Centrum Odżywek i Suplementów Fit Aktiv, ul. Bruzdowa 20B, 02-994 Warsaw.
The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer of their right to withdraw from the Sales Agreement in accordance with the Act.
The Consumer shall not have the right to withdraw from the Sales Agreement or contract in relation to a contract where the subject of the service is a Product that is subject to rapid deterioration or has a short shelf life, or where the subject of the service is a Product delivered in sealed packaging which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery.
The Consumer’s right to withdraw from the Agreement also applies to Entrepreneurs with consumer rights.
§ 7 Privacy protection
By placing an order, the Customer consents to the processing of their personal data solely for the purpose of fulfilling the order.
The Customer may also give separate consent to receive advertising and promotional materials from the Shop, including a commercial newsletter.
The Customer has the right to: access their data, rectify it, delete it, restrict its processing and transfer it, object to its processing, and lodge a complaint regarding its processing. More information on the protection of personal data in the Online Shop can be found at [link]
§ 8 Services provided electronically
The Seller provides the following electronic services via the Online Shop:
a) Enabling the placement of Orders in the Shop.
b) Providing access to the terms and conditions, Shopping Basket, Shop offer and Privacy Policy.
c) Maintaining an Account in the Shop.
The contract for the provision of an electronic service consisting in enabling the placement of an Order via the Shopping Cart in the Shop is concluded for a definite period and is terminated upon placement of the Order.
The contract for the provision of electronic services consisting in maintaining an Account in the Store is concluded for an indefinite period. This contract is concluded upon the effective submission and confirmation of the Service Recipient’s e-mail address.
The contract for the provision of the electronic service of access to the terms and conditions, Shopping Cart, Online Shop offer and Privacy Policy is concluded when the Customer displays the Shop’s website and is concluded for the duration of browsing the website, i.e. until it is closed.
Technical requirements necessary to use the Online Store:
A computer with Internet access.
Access to e-mail.
Web browser: Mozilla Firefox version 3.5 and higher; Internet Explorer version 8.0 and higher; Opera version 10 and higher; Google Chrome version 10 and higher, Safari.
Enabling cookies in your web browser.
Customers are required to use the online store in a manner consistent with the law and good manners. All users are prohibited from providing illegal content.
We take all necessary measures to ensure the fully correct operation of our online shop’s website and interface to the extent resulting from current technical knowledge, and we undertake to remove any irregularities and technical problems reported by users within a reasonable time. The above also applies to the possibility of subscribing to the newsletter or the optional possibility of creating a customer account – if these services are provided within our shop. You can notify us of any detected irregularities or interruptions in the functioning of our website and online shop services using the contact details provided in the point above. In complaints concerning irregularities related to the technical functioning of the Online Shop, please indicate the type and date of the irregularity.
§ 9. Out-of-court dispute resolution
Please be advised that Consumers have the right to use extrajudicial means of dealing with complaints and pursuing claims. Information on how to access the above-mentioned dispute resolution mode and procedures can be found at the following address: www.uokik.gov.pl in the tab ‘Amicable resolution of consumer disputes’.
The entity authorised to resolve disputes between our company and the consumer out of court is: Provincial Inspectorate of Trade Inspection in Warsaw, ul. Sienkiewicza 3, 00-015 Warsaw. http://www.wiih.org.pl
In addition, at http://ec.europa.eu/consumers/odr, consumers have access to an online platform for resolving consumer disputes (the so-called ODR platform). The ODR platform is a multilingual, interactive website for consumers and businesses seeking out-of-court settlement of disputes arising from distance sales contracts or service contracts. The use of the above-mentioned out-of-court means of redress and dispute resolution is voluntary and can only take place if both parties to the dispute (the consumer and the seller) agree to it.
§10 – Intellectual property
It is prohibited to use any materials published on the Store’s website (including photos and descriptions of goods) without the Store’s written consent.
§10 – Intellectual property
It is prohibited to use any materials published on the Store’s website (including photos and descriptions of goods) without the Store’s written consent.
§11 – Final provisions
The Terms and Conditions shall enter into force on the date of their publication on the Online Shop website.
Contracts concluded before the entry into force of these Terms and Conditions shall be governed by the provisions of the Terms and Conditions in force on the date of conclusion of the contract.
The court competent to settle disputes with Consumers is the court having jurisdiction according to the applicable provisions of the Code of Civil Procedure.
Any disputes arising between the Seller and the Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
In matters not covered by these Terms and Conditions, the provisions of applicable law shall apply, 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). In the event of any conflict between these Terms and Conditions and the rights of Customers and the provisions of generally applicable regulations, the generally applicable provisions of Polish law shall apply.