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Regulations

Regulations of the online store.

§ 1

Introductory provisions
The NutriPharma online store, available at www.nutripharma.pl, is run by NutriPharma Sp. z o.o. with headquarters in Gdańsk, Al. Zwycięstwa 13A, postal code 80-219, entered into the National Court Register under the number KRS 000686120, with share capital of PLN 5,000 (five thousand zlotys), NIP 5833254164, REGON 367747832.
These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sale Agreement with the Consumer via the Store.
Seller - NutriPharma Sp. z o.o. with headquarters in Gdańsk, Al. Zwycięstwa 13A, postal code 80-219, entered into the National Court Register under KRS number 000686120 with share capital of PLN 5,000 (five thousand zlotys), NIP 5833254164, REGON 367747832. 

§ 2
Definitions
Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
Store - an online store run by the Seller at the Internet address www.nutripharma24.pl
Distance contract - contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the 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 conclusion of the contract.
Regulations - these Store regulations.
Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
Registration form - a form available in the Store that allows you to create an Account.
Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
Cart - an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product - a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - in accordance with the features of the Product - a contract for the provision of services and a contract for specific work.

§ 3
Contact with the Store
Seller's address: Al. Zwycięstwa 13A, 80-219 Gdańsk
Seller's e-mail address: biuro@nutripharma.pl
Seller's telephone number: 600338071
Seller's bank account number: 22 1950 0001 2006 0036 6417 0002
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The customer may communicate by phone with the Seller between 9:00 am and 5:00 pm.

§ 4

Technical requirements
To use the Store, including viewing the Store's assortment and placing orders for Products, you must:

1. Terminal device with access to the Internet and a web browser of the type

- Microsoft Internet Explorer (IE)
- Mozilla Firefox
- Google Chrome
- Safari
- Opera
e.t.c.

2.an active e-mail account (e-mail),

3.activated cookies support,

4. FlashPlayer installed

§ 5
General information
The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
Viewing the store's assortment and placing orders by the Customer for Products in the Store's assortment is possible after creating an Account in accordance with the provisions of § 6 of the Regulations, and in subsequent entries after logging in to your Account.
The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery, if such is added by the Seller (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description. 

    § 6
    1. Creating an Account in the Store
      To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name, surname or company name, e-mail address, delivery address, invoice data with tax identification number.
      2. Creating an Account in the Store is free.

      3. Logging in to the Account is done by entering the login and password set in the Registration Form.

      4. The Customer may at any time, without giving a reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

    § 7
    Rules for placing an Order
    In order to place an Order:

    - register an Account or log in to an existing Account

    - choose the option to start shopping

    - select the Product that is the subject of the Order, and then click the "Add to Cart" button;
    after selecting products, select the "Order" button

    - choose one of the available delivery and payment methods and, depending on the payment method, pay for the order within a specified period - if there is a choice or choose the only one indicated by the Seller

    § 8
    Delivery and payment methods offered
    1. The Customer may use the following methods of delivery or collection of the ordered Product:
    - Courier delivery

    2. The customer can use the following payment methods:
    - Payment by bank transfer to the Seller's account

    3. If there is a need to return funds for a transaction made by the customer, the seller will refund to the bank account provided by the customer to the seller in an e-mail sent to biuro@nutripharma.pl

    6. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

    § 9 
    Conclusion of the contract and implementation
    1. Orders can be placed 24 hours a day.

    2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
    - adding a product to the basket;
    - placing an order in the store by clicking the "Order.
    - selection of the type of delivery;
    - choosing the type of payment;


    3. The conclusion of the contract with the consumer takes place at the time of placing the order.

    4.The implementation of the Consumer's order payable by bank transfer takes place after the Consumer's payment is credited to the Seller's account, which should take place within 7 days of placing the order, unless the Consumer was not able to perform the service through no fault of his own and informed the Seller about it or in accordance with individual arrangements between the Consumer and the Seller.

    5. The conclusion of the contract with the Customer takes place upon the acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.

    6. The execution of the Customer's order may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent of the Seller to send the order on delivery (payable on delivery).

    7. The subject of the contract is shipped within the time limit specified on the product card, and for orders consisting of multiple products, the longest date specified in the product cards. The time limit begins with the completion of the contract.

    8. The execution of the Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or via the electronic payment system after the contract is concluded and the Customer's payment is credited to the Seller's account (with card payments, the order processing time is counted from the moment of obtaining a positive authorization).

    § 9

    The right to withdraw from the contract
    1. The consumer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.

    2. The deadline for withdrawing from a distance contract is 14 days from the date of delivery of the item, and it is enough to send a statement before its expiry to meet the deadline.

    3. The declaration of withdrawal from the contract is submitted by the Consumer by e-mail to the following e-mail address: biuro@nutripharma.pl or in another form consistent with the Consumer Law.

    4. The Seller shall immediately confirm to the Consumer by e-mail (provided at the time of concluding the contract and another, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.

    5. In the event of withdrawal from the contract, the contract is considered void.

    6. The consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.

    7. The consumer returns the items that are the subject of the contract from which he withdrew at his own expense.

    8. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of giving such consent or the entrepreneur has not provided confirmation in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer law

    9. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

    10. The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.

    11. 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 payment method, which does not involve any costs for him.

    12. The Seller may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.

    13. The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:

    - in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
    - in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
    in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
    - in which the subject of the service 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 has been 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 are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
    - for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
    for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

    §10

    Warranty
    1. The Seller, pursuant to Art. 558 §1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).

    2. The Seller is liable to the Consumer under the terms of Art. 556 of the Civil Code and subsequent ones for defects (warranty).

    3. In the case of a contract with a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the consumer.

    4. The Consumer, if the item sold has a defect, may:

    - submit a statement requesting a price reduction;
    - submit a declaration of withdrawal from the contract;

    5.The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a non-defective one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the Consumer or would require excessive costs compared to the proposed method. by the Seller, while assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would otherwise be satisfied are taken into account.

    6. The consumer may not withdraw from the contract if the defect is irrelevant.

    7. If the item sold has a defect, the Consumer may also:

    - demand that the item be replaced with one that is free from defects;
    - demand that the defect be removed.

    8. The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.

    9. The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective item into conformity with the contract.

    10.If the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall it after replacing it with a defect-free one or removing the defect, but is obliged to bear some of the related costs exceeding the price of the item sold or may demand payment from the Seller. part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.

    11. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the in which the thing is. In the event of failure by the Seller to fulfill the obligation, the Consumer is entitled to return the goods at the expense and risk of the Seller.

    12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.

    13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.

    14. The Seller, within fourteen days, will respond to the provisions based on Art. 5615 of the Civil Code: statements about a request for a price reduction, requests to replace the item with one free from defects, requests to remove the defect. The Seller, within thirty days (Article 7a of the Consumer Law), will respond to any other Consumer's statement that is not covered by the fourteen-day period specified in the Civil Code.

    15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.

    16. The Consumer's claim for removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the moment the item is delivered to the Consumer.

    17. In the event that the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.

    18. Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the deadline for submitting a withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.

    19. In the event of pursuing one of the rights under the warranty before a court or an arbitration court, the time limit for exercising other rights due to the Consumer in this respect shall be suspended until the final conclusion of the proceedings. The same applies to mediation proceedings, but the time limit for exercising other rights under the warranty starts from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.

    20. To exercise the rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, however the period starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party - from the date on which the judgment issued in a dispute with a third party becomes final.

    21. If, due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible. liability, and in particular may request reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of the expenditure made to the extent that he did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.

    22. The expiry of any time limit for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.

    23. The Seller, if he is obliged to provide or provide financial services to the Consumer, will perform them without undue delay, not later than the deadline provided for by law, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect. Otherwise, it is considered that he considered the Consumer's statement or request justified.

    §11

    Privacy policy and personal data security
    1. The administrator of databases of personal data provided by the Consumers of the store is the Seller.

    2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. By providing his personal data to the Seller when placing the order, the Buyer agrees to their processing by the Seller in order to complete the order. The buyer has the option of viewing, correcting, updating and deleting his personal data at any time.

    3. Detailed rules for the collection, processing and storage of personal data used to fulfill orders by the store are described in the Privacy Policy, which can be found at: http://nutripharma24.pl/strona/polityka_prywatnosci

    §12

    Final Provisions
    1. None of the provisions of these regulations is intended to infringe the rights of the Buyer. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.

    2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.

    3. The current version of the regulations is always available to the Buyer in the regulations tab (http://nutripharma.pl/strona/regulamin). During the execution of the order and throughout the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.

    4. In matters not covered by these regulations, the applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the UOKiK register. The seller declares his intention and agrees to an out-of-court resolution of the consumer dispute.
    As a last resort, the matter is resolved by the local and material court.

    Version 1.1 (April 09, 2018)

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