These Regulations define the general conditions, rules and manner of use by Buyers of the online store platform www.witaminki.pl.
§ 1. Definitions1.1. The terms used in these regulations mean:
1. Seller / Service Provider - Sugest Łukasz Spych company with its registered office in Turek at ul. Kolska Szosa 28, 62-700 Turek, NIP: 6681933999; REGON 301578387, e-mail address: sklep@witaminki.pl, telephone number +48 530-555-777.
2. Online store - an extensive online sales website through which the Service Provider provides services electronically, including, in particular, product presentation, placing orders, concluding distance contracts and access to digital content, run by the Seller at the Internet address www.witaminki.pl .
3. Consumer - a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity.
4. Customer - a natural person with full legal capacity, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which intends to conclude or has concluded an agreement for the provision of Electronic Services or a Sales Agreement.
5. Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts, via the Online Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, up to and including the time of conclusion of the contract.
6. Regulations - these Regulations together with all attachments constituting its integral part, including in particular the "Privacy Policy".
7. Order - Customer's declaration of will, externalized by him via an electronic form in the Online Store, submitted in a way that allows the identification of the Buyer, products to be the subject of a distance contract, delivery method, payment method and sale price.
8. Order completion time (shipping) - the number of working days counted from the moment the payment is credited to the Seller's bank account, until the delivery of the order to the Supplier.
9. Order delivery time - this is the time from issuing the order to the Supplier to the first attempt to deliver the order to the address indicated by the Customer or to the parcel locker selected by the Customer.
10. Supplier - an external entity with which the Seller cooperates in the provision of the Goods delivery service, selected by the Customer at the stage of placing the order.
11. Account - a free Electronic Service, i.e. marked with an individual name (login) and password provided by the User, a set of resources in the Service Provider's ICT system, in which data provided by the Customer during Account registration and information about Orders placed by him are collected.
12. Form registration - a form available in the Store that allows you to create an Account.
13. Form order - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery.
14. Service Electronic - a service provided electronically by the Service Provider to the Service Recipient (Client) via the Online Store, run at www.witaminki.pl.
15. Cart - an element of the Store's software, enabling the review of the Products selected by the Customer for purchase, as well as enabling the determination and modification of the Order data, in particular the quantity and value of the Products as well as the method and cost of delivery.
16. Product/Goods - a movable item available in the Online Store which is the subject of the Sales Agreement between the Seller and the Customer.
17. Sales Agreement - a contract for the sale of Goods concluded between the Customer and the Seller via the Online Store.
18. Business day - a day of the week from Monday to Friday, excluding public holidays.
19. Civil Code - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
20. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
21. Food and Nutrition Safety Act - Act of 25 August 2006 on food and nutrition safety (Journal of Laws 2018.0.1541).
22. Newsletter - an electronic distribution service provided by the Service Provider via e-mail, which allows all Users using it to automatically receive from the Service Provider cyclical content containing information, among others, about Products, news and promotions available in the Store, to the address provided by the Customer e-mail, with his express consent. The rules for the provision of Newsletter services by the Seller are set out in a separate entry in the Privacy Policy available on the website www.witaminki.pl.
23. Force majeure - is defined as an external event, impossible to predict (which also includes the low probability of its occurrence in a given situation) and impossible to prevent (not so much the phenomenon itself, but its consequences), in particular fires, floods, earthquakes, explosions volcanoes, epidemic outbreaks, as well as general strikes, riots, hostilities, acts of terrorism, military coups. Also some actions of state authorities, such as blockades of state borders or introduction of export or import bans.
24. Privacy policy - a set of rules regarding the processing and protection of personal data of the Service Recipients, which is an integral part of these Regulations, available free of charge on the website of the Online Store.
25. Commercial Information - commercial information within the meaning of art. 2 point 2 of the Act on the provision of electronic services, in particular advertising, commercial offer and information about news, promotions and other events regarding the Store.
26. Settlement Center - an intermediary entity external to the Online Store in the execution of payments by electronic transfer or payment by credit card.
§ 2. General provisions
2.1. These Regulations define in particular:
a) general conditions of using the Store,
b) rules for placing Orders in the Store,
c) rules for the provision of electronic services,
d) the rules for concluding Sales Agreements, the subject of which are specific Goods,
e) the complaint procedure and the procedure for withdrawing from the Sales Agreement.
2.2. The online store at www.witaminki.pl is run by the Seller. The contract for the sale of goods is concluded between the Customer and Łukasz Spych, running a business under the name SUGEST Łukasz Spych. Detailed data are provided in the introduction to the Regulations.
2.3. The Seller provides services on the territory of Poland.
2.4. All announcements, advertisements, price lists and other information posted on the websites www.witaminki.pl relating to the products posted there do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
2.5. Dietary supplements sold in the Store are not medicinal products. They do not have the properties of preventing or treating diseases. Food is defined in the Food Safety and Nutrition Act as a food whose purpose is to supplement a normal diet, being a concentrated source of vitamins or minerals or other substances with a nutritional or other physiological effect.
2.6. The data contained in the content of the website are for information purposes only. The information provided on the site are not medical descriptions. The published information should not be used to diagnose, treat or prevent any disease. The Seller is not responsible for any side effects or damage to health caused by following the information contained on the Store's website or on related websites.
2.7. The proprietary copyrights to the content posted on the Store's websites as well as the graphic elements of the Store, their layout, composition, constituting works within the meaning of the Act on Copyright and Related Rights, are vested in the Seller.
2.8. The Store Customer undertakes to respect the intellectual property rights and industrial property rights of the Seller and third parties. Copying, disseminating or making studies of the Store, its elements, as well as its appearance as a whole, constituting a work within the meaning of the Act on Copyright and Related Rights, without the express written consent of the Seller, constitutes a violation of its proprietary copyrights.
2.9. The Seller informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, photos posted on the Store's website are subject to legal protection and are used by the Store for information purposes only.
2.10. All names of products offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.
2.11. Customers can communicate with the Seller via e-mail at: sklep@witaminki.pl, as well as by phone at + 48 530-555-777 and in writing (contact details as in point 1.1.1 of the Regulations), orders submit using the order form, in accordance with the procedure provided for in point 6 of these Regulations.
2.12. The Service Provider has the right to organize occasional promotions, the conditions of which will be each time provided on the Store's website. Promotions cannot be combined, unless the Regulations of a given promotion provide otherwise.
2.13. These regulations are available free of charge on the website www.witaminki.pl in a way that allows the Customer to get acquainted with them before concluding the contract, and moreover, at his request, the Service Provider makes them available in a way that allows them to be obtained, reproduced and recorded using the ICT system.
§ 3. Rules for using the Store
3.1. The condition for using the Store is to read the Regulations and the Privacy Policy and accept them. By using the Store in any way (using electronic services described in detail in point 4.1. of the Regulations and concluding sales contracts), the Customer accepts the Regulations and agrees to all its provisions and undertakes to comply with them.
3.2. Browsing the assortment of the Online Store does not require registration. Placing orders by the Customer for products in the Store's assortment is possible after registering and creating an Account in accordance with the provisions of point 5 of these regulations or after providing the necessary personal and address data enabling the execution of the order without registration.
3.3. To use the Store, including browsing the assortment and placing orders for Products, it is necessary to meet the minimum technical requirements, such as:
a) A computer, laptop or other multimedia device connected to the Internet,
b) Internet browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge - updated to the latest versions,
c) Active e-mail account (e-mail),
d) Enabling the option of saving Cookies and Javascript in the web browser,
e) Recommended minimum screen resolution: 1024x768.
3.4. If the Customer uses computer hardware or software that does not meet the technical requirements listed in point 3.3. of the Regulations, the Service Provider does not guarantee the correct functioning of the Store and stipulates that it may have a negative impact on the quality of electronic services provided by it.
3.5. The Customer is obliged to use the Online Store in a manner consistent with applicable law and the provisions of these Regulations. In particular, he is obliged to:
a) Refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the content of the Store or its technical elements,
b) Not to provide or transmit content prohibited by law, including in particular offensive or vulgar content, inciting violence or other activities contrary to the law or decency, or that violate personal rights and other rights of third parties,
c) Not sending and not placing unsolicited commercial information (spam) within the Store,
d) Use any content posted in the Store only for your own personal use,
e) Use the Store in a way that is not inconvenient for other Customers and for the Seller.
3.6. In the event of a breach by the Customer of these Regulations, in particular by breaching the provisions of point 3.5. of the Regulations, the Seller may deprive the Customer of the right to use the Online Store, as well as may limit his access to part or all of the Online Store's resources, with immediate effect.
3.7. The information provided by the Customer when placing an order should be truthful, up-to-date and accurate. The Seller reserves the right to refuse to execute the Order, if the data provided make it impossible to execute the Order, in particular, prevent the correct delivery of the shipment. Before refusing the execution, the Seller will attempt to contact the Customer in order to determine the data to the extent that enables the execution of the Order.
§ 4. Electronic services
4.1. The Service Provider provides electronically free services consisting in viewing information posted in the Store, enabling Customers to set up an Account in the Store and providing a form for placing an order for products as well as publishing product reviews and using the contact form.
4.2. The registration form service consists in enabling Customers to set up an Account in the Store, using a login, which is the Customer's e-mail address and a unique password selected by the Customer and used to log in to the Store Account, in accordance with the procedure provided for in point 5 of the Regulations. The service is provided free of charge and is one-time. The service ends after the registration process is completed.
4.3. The User Account service, described in detail in paragraph 5 of these Regulations, is provided free of charge for an indefinite period. The customer may at any time, without giving a reason and without incurring costs, delete his account by sending an appropriate request to the Service Provider in writing or via e-mail (contact details specified in point 1.1.1. of the Regulations). The account will be deleted upon receipt of the statement by the Seller.
4.4. The order form service consists in enabling customers to place orders (declarations of will) for products offered by the Seller via the Store's website, in accordance with the procedure provided for in point 6 of the Regulations. The service is provided free of charge and is one-time. The service ends immediately after placing the order.
4.5. The Newsletter service provides the option of subscribing to the Newsletter by checking the appropriate box on the Store's website or at the time of registering the Account in the Store or directly on the Customer Account. It is provided free of charge for an indefinite period. The Customer may, at any time and without giving a reason, opt out of receiving the Newsletter by sending an appropriate request to the Service Provider in writing or via e-mail (contact details specified in point 1.1.1. of the Regulations). The seller also allows you to unsubscribe from the Newsletter by clicking the appropriate button in the footer of each email sent as part of the subscription.
4.6. The Contact Form service consists in sending a message to the Seller using the form placed on the Store's website. Resignation from the above service is possible at any time and consists in ceasing to send inquiries to the Seller.
4.7. The Customer Opinion Publication Service consists in enabling Customers to place individual and subjective customer statements regarding individual goods on the Store's website (under the description of a given product). Before publication, this opinion is verified by the Seller, who is not obliged to publish it. Resignation from the opinion publication service is possible at any time and consists in discontinuing posting content by the Customer on the Store Website.
4.8. Indicated in point 4.1. Services are provided by the Service Provider 24 hours a day, 7 days a week.
4.9. The Seller makes every effort to ensure that the services provided within the Store are at the highest level, however, the Seller does not rule out the possibility of temporarily suspending the availability of the Store, in particular in the event of the need to carry out maintenance, inspection, the need to modernize or expand the Store.
4.10. The Service Provider, to the fullest extent permitted by law, is not responsible for disruptions in the delivery of electronic services, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
4.11. In the case of Customers who are not consumers, 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 Customer who is not a Consumer.
4.12. Complaints regarding services provided electronically can be submitted in writing or by e-mail (contact details indicated in point 1.1.1. of the Regulations). In the complaint, the Customer should provide his name and surname, correspondence address and the type and date of the irregularity related to the services provided by the Service Provider. Complaints will be considered by the Service Provider within 14 days.
§ 5. User account
5.1. The free electronic service of the Account in the www.witaminki.pl store is available to natural persons with full legal capacity, legal persons or organizational units without legal personality to whom the law grants legal capacity.
5.2. The Store Account service is available after registering using the Registration Form located at the top of each of the pages that make up the Store. Registration takes place by completing and accepting the registration form available on the Store's website.
5.3. In the Registration Form, it is necessary for the Customer to provide the following data: name and surname, company name (if applicable), email address as well as login information, which consists of an email address and a unique user password, which is set during registration.
5.4. The condition for Registration is the provision of personal data marked as "required" and the Customer's reading of these Regulations, the Privacy Policy and their acceptance, which the Customer confirms by checking the appropriate box before finalizing the registration.
5.5. It is forbidden to add unlawful content in the form, in particular personal data of third parties who have not authorized the creation of an Account on their behalf.
5.6. Meeting the conditions set out above and clicking the "Register" button sends the registration form and is tantamount to creating an Account in the Store. The Seller sends to the Customer, to the e-mail address provided by him, a message confirming the creation of an Account in the Store.
5.7. The e-mail address and password provided during registration will be used to log in to the Store Account, unless the Customer changes the login details using the Customer's account settings, then the changed data will be the new login details.
5.8. The User is obliged not to disclose to third parties the login details used to log in to the User Account in the Online Store.
5.9. After logging in to the Account, the Customer has the option of:
a) tracking the status of the order,
b) view the history of orders,
c) modifying payment methods,
d) Updating your data,
e) Saving alternative delivery addresses,
f) Ordering and canceling the newsletter order,
g) Receiving notifications about the availability of products,
h) Adding opinions about products.
5.10. In order to add an opinion, log in to the Account and then select the product to be reviewed. Then select the "Add review" tab under the product, fill out the appropriate form and enter the opinion in the appropriate field and click the "Add review" button. Clicking the "Add review" button sends the form to the Seller. The opinion will be posted after acceptance of its content by the Seller.
5.11. The Seller reserves the right to refuse to post an opinion if it violates any of the provisions of point 3.5 of these Regulations.
5.12. In order to receive a notification about the availability of a product that is unavailable at the time of browsing the Store's products, the Customer logged in to the Store Account should select and click the "notify me about availability" button.
5.13. The Seller is entitled to block access to the Customer Account and other electronic services referred to in point 4.1 of the Regulations, if the Customer acts to the detriment of the Seller or other Customers, in particular by breaching the law or the provisions of these Regulations by the Customer.
5.14. The Seller will inform the Customer about the intention to block his Account to the e-mail address currently registered in the Online Store www.witaminki.pl. Blocking the account in the case described above means termination of the contract with the Customer for the provision of electronic services with immediate effect.
5.15. In the event of blocking the Customer's account pursuant to point 5.13. of these Regulations, the Seller cancels unrealized orders placed by this Customer. Cancellation takes place within 1 business day, counted from the date of blocking the account. In this case, the entire amount paid for the order is refundable.
5.16. The Account electronic service may be terminated by the Customer at any time by sending a relevant statement to the Seller's e-mail address. The detailed mode is described in section 4.11. of the Regulations. Account deletion does not affect the execution of orders placed.
§ 6. Placing orders
6.1. The customer may purchase goods from the Store's assortment by placing an order. The Customer places an order via the website www.witaminki.pl using the Customer Account after logging in to the Store or after providing the necessary personal and address data enabling the execution of the order without registering the Account.
6.2. Orders can be placed 24 hours a day, 7 days a week.
6.3. The customer selects the goods in the Store's assortment at the time of placing the order, in accordance with its description and price, and specifying its quantity. The customer completes the order using the Basket and takes further technical steps to place the order based on the messages displayed to him and the information available on the website.
6.4. When placing an order - until the "Confirm purchase" button is pressed, the Customer has the option of modifying the order, in particular in terms of the selection of goods and their quantity, and also has the option of entering the promotional code.
6.5. After the Customer using the Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information on:
a) the subject of the order,
b) Unit and total price of ordered products, including delivery costs and additional costs (if any),
c) selected payment method,
d) The chosen method of delivery,
6.6. In order to send the Order, it is necessary to accept the content of the Regulations and the Privacy Policy, provide personal data marked as mandatory and click the "Confirm purchase" button.
6.7. After the Customer submits a correctly completed order form, the Seller immediately sends the Customer information about its acceptance, i.e. acceptance of the offer within the meaning of the Civil Code, to the Customer's e-mail address provided when placing the order or when setting up the Account.
6.8. The contract is considered concluded when the Customer receives the e-mail referred to in the paragraph above. In the event that the Seller does not immediately confirm the acceptance of the order for execution, the contract between the Customer and the Seller is not concluded, and any payments made for the unaccepted order will be immediately returned to the Customer.
6.9. If the Customer chooses to pay for the order in advance, the execution of the order begins when the payment for the ordered goods is credited to the Seller's bank account.
6.10. The Seller is entitled to cancel the order if the Customer fails to make the full payment within 7 working days from the date of receipt by the Customer of the confirmation of acceptance of the order for execution. Cancellation of the order means that the Seller is released from the obligation to execute it.
6.11. The Seller, in accordance with the will of the Customer, attaches a receipt or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery. Indication by the Customer of data for issuing a VAT invoice in the form of a NIP number and a sole proprietorship means expressing the will to conclude a sales contract as an entrepreneur.
§ 7. Price
7.1. The price of the Product shown on the Store's website is given in Polish zlotys and includes the tax on goods and services (gross price).
7.2. The price of the product does not include the cost of delivery, the amount of which depends on the method of delivery of the goods to the Customer, which is described in detail in point 8 of the Regulations.
7.3. The Customer is informed about the total price of the Product being the subject of the Order, as well as about delivery costs and other costs on the Store's website when placing the Order.
7.4. The Seller reserves the right to make changes in product prices on an ongoing basis. This right does not affect the value of the order placed before the price change date.
7.5. The Seller allows the reduction of the total amount to be paid by using the Basket functionality called "enter the code" at the stage of placing the order. This coupon automatically settles the value of the order before the Customer submits the “confirm purchase” order. Unless the terms of using discount codes state otherwise, the discount code only reduces the final price of the products, it does not reduce the cost of delivery.
§ 8. Payment and Order Execution
8.1. Orders placed in the Online Store www.witaminki.pl may be paid for:
a) In advance (before collecting the subject of the order) - payable directly to the Store's account via the Przelewy24 system (including using BLIK mobile payment or by paying with a Visa, Mastercard, Maestro payment card) or via Stripe (Visa, Mastercard, Maestro, Apple Pay, Google Pay).
b) In advance - by traditional transfer to the Seller's bank account,
c) From the bottom - upon receipt of the subject of the order.
8.2. In the case of payment in advance, the execution of the order will begin within 24 hours of the full amount of the order being credited to the Seller's bank account, or - in the case of payments handled by the external Przelewy24 or Stripe system - after the entity confirms that the full payment has been made by the Customer.
8.3. If you choose payment in advance by traditional bank transfer, the Customer has 7 working days to pay for the entire order, counting from the day following the day on which the Customer placed the order. In the event of the Customer's failure to make the payment within the specified period, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the additional period, pursuant to art. 491 of the Civil Code, the Seller will send the Customer to his e-mail address information about withdrawal from the contract (cancellation of the order).
8.4. In the case of payment in arrears, the execution of the order will begin after the Customer receives the confirmation of the order acceptance referred to in point 6.7. of the Regulations.
8.5. The execution time of an order placed via the Store is from 1 to 10 business days, counting from the day following the day of accepting the order for execution. If the order is placed and paid for by 1 p.m. on a given business day, the order processing time begins on the same day.
8.6. The delivery time of the order is 1 to 2 business days from the moment of issuing the order to the Supplier. The Seller sends the Customer information confirming the delivery of the Supplier's order to the e-mail address provided by the Customer when placing the Order.
8.7. The Seller indicates the order completion time on the Store's website, under the Product description. If the products selected by the Customer have different order fulfillment (shipping) dates, the Seller will complete and execute the order according to the longer shipping time.
8.8. The Order completion time may change for reasons beyond the Seller's control. In the event that the execution of the order is not possible within the time indicated in point 8.5. of the Regulations, the Seller shall immediately notify the Customer and indicate a new, approximate date of order completion. If the new date is not accepted by the Customer - he may withdraw from the contract without incurring any costs. With regard to Customers who are not Consumers, the Seller, to the fullest extent permitted by law, shall not be liable for any delays in the execution of the order caused by circumstances beyond the control of the Seller.
8.9. The Seller provides information on the course of the Order in the Customer's Account, and also informs the Customer each time about the occurrence of the situation listed in point 8.8. of the Regulations.
8.10. Payments on delivery (DPD courier, Inpost courier, UPS courier) can be made in cash.
8.10. Settlements of e-transfer transactions are carried out via Przelewy24 (PayPro SA) with its registered office in Poznań, address: ul. Kanclerska 15, 60-327 Poznań in accordance with the regulations of services available at: https://www.przelewy24.pl/regulamin
8.11. Settlements of transactions by payment card are carried out via
Przelewy24 (PayPro SA) with its registered office in Poznań , address: ul. Kanclerska 15, 60-327 Poznań in accordance with the regulations of services available at: https://www.przelewy24.pl/regulamin or via Stripe
in accordance with the terms of service available at https://stripe.com/payment-terms/legal
§ 9. Delivery
9.1. The delivery of the ordered goods takes place in Poland and abroad in the shipping method selected by the Customer, indicated when placing the Order.
9.2. The ordered goods are delivered via the DPD, InPost, UPS courier company or via the Inpost Paczkomaty service.
9.3. Delivery of the Goods to the Customer is payable, subject to point 9.4. of these Regulations. The total cost of delivery of the Goods is indicated to the Customer when placing the Order, including immediately before placing the Order.
9.4. If the value of the order (without shipping costs) exceeds or is equal to PLN 299, the cost of delivery is covered by the Seller.
9.5. The ordered goods are delivered to the address selected by the Customer and saved in the address book on the Account or, if the Customer does not have an Account, to another address indicated by the Customer, provided when placing the Order.
9.6. The customer is obliged to provide the correct and precise address to which the ordered goods are to be delivered. If the Customer provides an incorrect or inaccurate address, the Seller, to the fullest extent permitted by law, shall not be liable for non-delivery or delay in delivery of the ordered Goods.
9.7. If InPost 24/7 Paczkomaty (InPost Sp. z o. o. with its registered office in Kraków) is selected as the Supplier, the address of the Delivery will be the address of the parcel locker selected by the Customer at the time of placing the order.
9.8. In individual cases, the delivery cost may differ from the estimated delivery cost indicated during the Order placement process, in particular due to the size of the order. Each time the Customer will be informed by e-mail or by phone before starting the execution of the Order about the estimated cost and delivery time of the Order.
9.9. If the Goods are delivered to the Customer via the Supplier, the Customer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Goods have been lost or damaged during transport, he is obliged to take all actions necessary to determine the Supplier's liability.
9.10. Upon delivery of the ordered Goods to the Supplier, the benefits and burdens related to the Products and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Goods arising from its acceptance for transport until its delivery to a Customer who is not a Consumer, and for delays in the transport of the shipment. The carrier is responsible for the loss, partial loss or damage of the shipment from its acceptance for transport by the Carrier until it is delivered to the Customer in accordance with the provisions of law.
§ 10. Complaints about goods (warranty)
10.1. The products offered in the store are brand new and original. The Seller is liable to the Customer who is a Consumer for physical or legal defects of the Goods pursuant to art. 556 and following of the Civil Code.
10.2. Within two years of receipt of the goods by the Consumer, the Seller shall be liable under the warranty for physical and legal defects of the goods. In the case of a physical defect, the goods do not have the properties that they should have due to the purpose specified in the contract or resulting from circumstances or intended use, or have been delivered to the buyer incomplete, and other defects specified in art. 5561 of the Civil Code. A legal defect occurs when the goods are owned by a third party or are encumbered with the rights of a third party.
10.3. In the event of a defect in the goods, the Consumer is entitled to one of the following claims against the Seller:
a) Submission of a declaration of withdrawal from the Agreement,
b) Request a reduction in the price of the Goods, unless the Seller immediately and without undue inconvenience to the Consumer replaces the Goods with a defect-free one or removes the defect,
c) Request for replacement of the Goods free from defects,
d) Request to remove the defect.
10.4. The claim for removal of the defect or replacement of the product with a defect-free one expires after one year, counting from the date of finding the defect. The consumer may not submit a declaration of withdrawal from the contract if the defect is insignificant.
10.5. A complaint can be submitted by post by returning the goods together with a written description of the defect and proof of purchase in the Store, by registered mail or other form of delivery, to the following address: Witinki.pl, Al. Jana Pawła II 3C / U5, 80-462 Gdańsk. The Seller provides a complaint form on the Store's website that the Consumer can use.
10.6. The complaint should contain in particular the following data: Consumer's name and surname, address, order ID, transaction date, subject and reason for the complaint, bank account number and contact details.
10.7. The consumer will receive information on how to consider the complaint within 14 days from the day following the receipt by the Seller of the parcel containing the goods under complaint. The consumer will be notified of the settlement of the complaint to the e-mail address provided by him when placing the Order.
10.8. If the complaint is not considered, the goods will be sent back together with an opinion on the unjustification of the complaint.
10.9. If the complaint is considered in favor of the Customer - the Seller will immediately replace the defective product with a defect-free one or remove the defect. This does not affect the Customer's ability to submit a statement of price reduction or withdrawal from the contract in accordance with applicable regulations. If it is not possible to replace the product, remove the defect of the product or reduce the price, the Seller will refund the amount due immediately, in accordance with applicable law.
10.10. The Customer is responsible for the decrease in the value of the Goods 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.
10.11. The Seller informs that the Customer who is a Consumer has the right to use out-of-court means of pursuing claims in accordance with the procedure of Internet Dispute Resolution developed by the European Commission available at: https://webgate.ec.europa.eu/odr/main/?event=main .home.show .
10.12. The consumer may obtain free assistance regarding his rights and in the dispute between him and the Seller, inter alia, by turning to the poviat (municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association Polish Consumers) as well as by applying to a permanent amicable consumer court with a request to settle the dispute. Information for Consumers, including information on the possibility of obtaining assistance, including information on entities authorized to out-of-court dispute resolution (in particular, Consumer Ombudsmen or Voivodship Trade Inspection Inspectorates) is also available on the website of the President of the Office of Competition and Consumer Protection ( uokik.gov .pl ).
10.13. According to Art. 558 § 1 of the Civil Code, the Seller excludes liability under the warranty in relation to Customers who are not Consumers.
10.14. Any disputes arising between the Customer who is not a Consumer and the Seller shall be resolved by the court competent for the seat of the Seller.
§ 11. Right to withdraw from the contract
11.1. The Customer who is a Consumer has the right to withdraw from this contract within 14 days without giving any reason. The deadline for withdrawing from the Sales Agreement starts from the moment the Goods are taken over by the Consumer or a third party indicated by the Consumer, other than the Carrier.
11.2. The right to withdraw from the contract does not apply to entities conducting business activity, including professional activity, which, as part of this activity and for its needs, make a purchase directly related to this activity in the Store www.witaminki.pl.
11.3. The right to withdraw from the Sales Agreement is not available to the Customer who is a Consumer in relation to contracts in which the Good is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery.
11.4. The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer in relation to contracts in which the Good is an item that deteriorates quickly or has a short shelf life.
11.5. The customer exercises the right to withdraw from the contract by submitting an appropriate statement to the Seller in any form. Examples of forms proposed by the Seller include submitting a statement in writing to the address of the Seller's branch, i.e. Witinki.pl, Al. Jana Pawła II 3C / U5, 80-462 Gdańsk or via e-mail to the e-mail address: sklep@witaminki.pl. The Seller also provides a model withdrawal from the contract on the Store's website, which the Customer can use.
11.6. To meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract, subject to the deadline referred to in point 11.1. of the Regulations.
11.7. The Seller shall immediately send the Customer a confirmation of receipt of information on withdrawal from the contract to the e-mail address provided by the Customer when placing the Order.
11.8. In the event of withdrawal from the Sales Agreement, such an agreement is considered void, and the parties are obliged to return what they provided to each other on its basis.
11.9. The goods should be returned by the Consumer immediately, not later than 14 days from the date on which the Consumer withdrew from the contract.
11.10. The cost of returning the Goods to the Seller is covered by the Consumer. You should not send back the goods via the "cash on delivery" service. In the event of returning the goods to the Seller via the "cash on delivery" service, the Seller has the right to refuse to accept the Goods.
11.11. The consumer is liable for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. The scope of this liability is determined based on a comparison of the value of the new goods with the value of the returned goods, calculated according to the degree of wear.
11.12. The Seller, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, returns to him all payments made by him regarding the given order. The Seller has the right to withhold the return of the value of the Order together with the delivery costs until the return of the Goods.
11.13. The refund referred to above will be made using the same payment methods that were used in the original transaction.
11.14. If the Consumer exercising the right of withdrawal has chosen a method of delivering the Goods other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
§ 12. Security of Personal Data12.1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, to the extent and based on the principles indicated in the Privacy Policy published on the Store's website.
12.2. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
12.3. The administrator processes personal data in accordance with the requirements 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 .
12.4. Detailed rules for collecting, processing and storing personal data used to fulfill orders by the Seller are described in the Privacy Policy, which can be found on the website www.witaminki.pl
§ 13. Final provisions
13.1. In the Online Store www.witaminki.pl, contracts are concluded in Polish.
13.2. The Seller informs that using the Internet may involve the risk of incurring damage as a result of Internet threats, in particular hacking into the Customer's IT system, taking over passwords by third parties, infecting the Customer's IT system with viruses.
13.3. In order to ensure the security of messages and data transmitted in the Store, the Service Provider takes technical and organizational measures to prevent unauthorized persons from obtaining and modifying personal data sent via the Internet. The Service Provider ensures the security of data transmission transmitted in the Online Store by using the SSL (SecureSocketLayer) protocol.
13.4. Individual settings of the final device may cause differences between the visualization of the product on the Customer's computer and the actual appearance of the product (color, proportions, etc.). In the event of a difference between the visualization of the product and its actual appearance, the Customer who is a Consumer has the right to withdraw from the contract in accordance with the provisions of point 11 of these Regulations.
13.5. Any disputes arising between the Customer who is not a Consumer and the Seller shall be resolved by the court competent for the seat of the Seller.
13.6. The Seller reserves the right to change or update these Regulations. The amended regulations will be made available on the Store's website.
13.7. The Seller will inform about the change in the regulations through a message in the Store and by sending a notification about the change to the regulations to registered Customers (together with the attached Regulations in PDF format) to the e-mail address assigned to their Account.
13.8. The date of entry into force of the amended Regulations will be at least 7 business days from the date of notification of the change to the Regulations made in accordance with point 13.7. of these Regulations.
13.9. For contracts concluded before the amendment to the Regulations, the version of the Regulations in force on the date of placing the order by the Customer shall apply.
13.10. In matters not covered by the Regulations, the applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on the provision of electronic services and other relevant provisions of generally applicable law.
