TERMS AND CONDITIONS OF THE EONLIFE BIOTECH ONLINE STORE
These Terms and Conditions define the general terms, conditions, and manner of sale conducted by EONLIFE BIOTECH sp. z o.o., based in Poznan, via the online store eonlife.pl (hereinafter referred to as the “Online Store”), as well as the rules and conditions for the provision of free electronic services by EONLIFE BIOTECH sp. z o.o., based in Poznan.
§ 1 Definitions
Business Days – means days of the week from Monday to Friday, excluding public holidays.
Delivery – means the actual action of delivering the Goods specified in the order to the Customer by the Seller, via the Carrier.
Carrier – means an entity cooperating with the Seller in the delivery of Goods:
a) a courier company;
b) InPost Paczkomaty Sp. z o.o., based in Kraków, providing Delivery services and operation of the parcel locker system (Paczkomat) – applies only to Delivery within the territory of the Republic of Poland.
Password – means a string of letters, numbers or other characters chosen by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
Customer – means an entity for whom, in accordance with these Terms and Conditions and applicable law, electronic services may be provided, or with whom a Sales Agreement may be concluded, having full legal capacity, excluding entrepreneurs, i.e. natural persons, legal persons, or organizational units without legal personality, who are granted legal capacity by law, conducting business or professional activities in their own name and performing legal acts directly related to their business or professional activity, as well as natural persons concluding a Sales Agreement directly related to their business activity, if the content of the Sales Agreement indicates that it does not have a professional character for that entrepreneur, in particular resulting from the subject of their business activity, as disclosed in the Central Registration and Information on Business.
Consumer – means a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
Customer Account – means an individual panel for each Customer, created for them by the Seller after the Customer completes Registration and concludes an agreement for the provision of the Customer Account service.
Login – means an individual designation of the Customer, determined by the Customer, consisting of a string of letters, numbers or other characters, required together with the Password to set up a Customer Account in the Online Store.
Terms and Conditions – means these terms and conditions.
Registration – means the factual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all functionalities of the Online Store.
Seller’s Office – means the place for handling complaints and returns of Goods, at the address: ul. Inowrocławska 19a, 61-044 Poznań.
Seller – means EONLIFE BIOTECH sp. z o.o., based in Poznan, ul. Inowrocławska 19a, 61-044 Poznań NIP: 7773436973, KRS 0001138229, REGON 540177230.
Online Store Website – means the websites on which the Seller operates the Online Store, available at the domain eonlife.pl.
Goods – means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
Durability – means the ability of the Goods to maintain their functions and properties during normal use.
Durable Medium – means a material or device that enables the Customer or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate for the purposes the information serves, and which allows the reproduction of the stored information in unchanged form.
Sales Agreement – means a distance sales agreement concluded under the terms specified in these Terms and Conditions, between the Customer and the Seller.
§ 2 General Provisions and Use of the Online Store
1. EONLIFE BIOTECH sp. z o.o., with its registered office in Poznan, ul. Inowrocławska 19a, 61-044 Poznań, NIP: 7773436973, KRS 0001138229, REGON 540177230.
2. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store Website, as well as to templates, forms, and logos placed on the Online Store Website (except for logos and photos displayed on the Online Store Website for the presentation of goods, for which copyrights belong to third parties) belong to the Seller, and their use may take place only in the manner specified and in accordance with these Terms and Conditions and with the Seller’s written consent.
3. The Seller will make every effort to ensure that use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices, and types of Internet connections. The minimum technical requirements for using the Online Store Website are: a web browser of at least Microsoft Edge 109, Internet Explorer 11, Chrome 110, Firefox 109, Opera 95, or Safari 11 or newer, with Javascript enabled, accepting “cookies,” and an Internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024×768 pixels.
4. The Seller uses a “cookie” mechanism, which, while Customers use the Online Store Website, is saved by the Seller’s server on the Customer’s end device. The use of “cookies” is intended to ensure the correct operation of the Online Store Website on Customers’ end devices. This mechanism does not damage the Customer’s end device or cause configuration changes to the Customer’s end device or the software installed on that device. Each Customer may disable the “cookie” mechanism in the web browser of their end device. The Seller indicates that disabling “cookies” may, however, make it difficult or impossible to use the Online Store Website.
5. In order to place an order in the Online Store via the Online Store Website or by email, and in order to use the services available on the Online Store Websites, the Customer must have an active email account.
6. It is prohibited for the Customer to provide unlawful content and to use the Online Store, the Online Store Website, or the free services provided by the Seller in a manner contrary to the law, good customs, or violating the personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying Customer data by unauthorized persons. Therefore, Customers should use appropriate technical measures to minimize the above risks. In particular, they should use antivirus software and identity protection software for Internet users. The Seller never asks the Customer to provide their Password in any form.
8. It is not permissible to use the resources and functions of the Online Store to conduct by the Customer any activity that would violate the interests of the Seller, i.e., advertising activity for another entrepreneur or product; activity consisting in posting content not related to the Seller’s activity (content not related to the subject of the Discussion Forum or the reviewed product); activity consisting in posting false or misleading content.
9. All content posted on the Online Store Website is for informational purposes only and is not binding on Customers. Any actions taken by the Customer on the basis of such content should be preceded by consultation with a physician.
§ 3 Rejestracja
1. In order to create a Customer Account, the Customer is required to complete the Registration free of charge.
2. Registration is not required to place an order in the Online Store.
3. To register, the Customer should fill out the registration form provided by the Seller on the Online Store Website and submit the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. The Customer also has the option to register using their facebook.com user account. The creation of a Customer Account is carried out via a dedicated redirection from the Online Store to the facebook.com website, where the Customer is asked to enter their username and password for the facebook.com user account. After authentication on facebook.com, the Customer is redirected back to the Online Store, where the Customer Account is created with a link to the user’s facebook.com account. The username and password for the facebook.com service are not registered or stored by the Seller.
5. While completing the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its contents by ticking the appropriate box in the form.
6. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer’s personal data as well as the known or anticipated recipients of such data.
7. The Customer’s consent to the processing of their personal data for marketing purposes does not condition the conclusion of the agreement for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate statement to the Seller. Such a statement may, for example, be sent to the Seller’s address by email.
8. After submitting the completed registration form, the Customer will immediately receive, by email to the address provided in the registration form, confirmation of Registration by the Seller. At this moment, an agreement for the provision of the Customer Account service by electronic means is concluded, and the Customer gains access to the Customer Account and the ability to modify the data provided during Registration.
§ 4 Orders
1. The information contained on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Online Store Website or by email, 7 days a week, 24 hours a day.
3. A Customer placing an order via the Online Store Website composes the order by selecting the Goods they are interested in. The addition of Goods to the order is made by selecting the “Buy” command under a given Good presented on the Online Store Website. After completing the entire order and indicating the Delivery method and payment form in the “CART,” the Customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Online Store Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs they are obliged to bear in connection with the Sales Agreement.
During the ordering process, the Customer may voluntarily consent to the processing of their personal data for the purpose of receiving a post-sale survey by checking the appropriate box in the order form. In such a case, the Seller clearly informs about the purpose of collecting the Customer’s personal data as well as the known or anticipated recipients of such data. The survey serves to obtain opinions about the transaction. The Customer may fill out the survey voluntarily.
4. A Customer placing an order by email sends it to the email address provided by the Seller on the Online Store Website. In the message sent to the Seller, the Customer specifies in particular: the name of the Goods, color, and quantity (selected from the Goods presented on the Online Store Website), as well as their contact details.
5. After receiving from the Customer the message referred to in §4 section 4 above, the Seller sends the Customer a return message via email, providing their registration details, the price of the selected Goods, the possible payment methods and Delivery options together with their costs, as well as information on any additional payments the Customer would be required to make under the Sales Agreement. The message also includes information that concluding the Sales Agreement by email entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an email to the Seller indicating the chosen payment method and Delivery option.
6. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods being the subject of the order.
7. After placing the order, the Seller sends confirmation of its receipt to the email address provided by the Customer.
8. Then, after confirming receipt of the order, the Seller sends information to the email address provided by the Customer regarding the acceptance of the order for processing. Information about the acceptance of the order for processing is the Seller’s declaration of acceptance of the offer referred to in §4 section 6 above, and at the moment it is received by the Customer, a Sales Agreement is concluded.
9. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer’s email address or in writing to the address indicated by the Customer during Registration or when placing the order.
§ 5 Payments
1. The prices listed on the Online Store Website next to each Product are gross prices and do not include information regarding Delivery costs or any other costs that the Customer will be required to bear in connection with the Sales Agreement, of which the Customer will be informed when choosing the Delivery method, payment method, and placing the order.
2. The Customer may choose the following payment method for ordered Goods:
a) bank transfer via the external payment system Tpay, operated by Tpay based in Poznań (in this case, the order will be processed after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from the Tpay system that the Customer has made the payment);
3. The Customer is informed by the Seller on the Online Store Website of the deadline by which they are required to make payment for the order in the amount resulting from the concluded Sales Agreement.
4. If the Customer fails to make the payment within the time limit referred to in §5 section 3 of the Terms and Conditions, the Seller shall set an additional deadline for the Customer to make the payment and will inform the Customer of this on a Durable Medium. The information about the additional deadline for payment will also state that after the ineffective expiry of this deadline, the Seller will withdraw from the Sales Agreement. If the second payment deadline also expires without effect, the Seller will send the Customer, on a Durable Medium, a statement of withdrawal from the agreement in accordance with Article 491 of the Civil Code.
§ 6 Delivery
1. The Seller carries out Delivery within the territory of the United States of America, United Kingdom, European Union, Ireland.
2. The Seller is obliged to deliver Goods that are compliant with the Sales Agreement.
3. The Seller provides information on the Online Store Website regarding the number of Business Days required for Delivery and order fulfillment.
4. The Delivery and order fulfillment time indicated on the Online Store Website is counted in Business Days, in accordance with §5 section 2 of the Terms and Conditions.
5. The Delivery and order fulfillment time indicated on the Online Store Website is counted in Business Days from the date of conclusion of the Sales Agreement, in the case where the Customer chooses the “cash on delivery” payment option.
6. The ordered Goods are delivered to the Customer via the Delivery Provider to the address indicated in the order form.
In the case of selecting InPost Sp. z o.o. based in Kraków as the Delivery Provider, the Delivery address will be the parcel locker address chosen by the Customer at the time of placing the order.
7. On the day the Goods are shipped to the Customer, information confirming the dispatch of the parcel by the Seller is sent to the Customer’s email address.
8. The Customer is obliged to inspect the delivered parcel in the manner and at the time customary for shipments of this type. In the event of any shortage or damage to the parcel, the Customer has the right to request the Delivery Provider’s employee to draw up an appropriate report.
9. The Seller includes a proof of purchase covering the delivered Goods with the parcel subject to Delivery.
10. If the Customer is absent at the address specified when placing the order as the Delivery address, the Delivery Provider’s employee will leave a notice of attempted delivery or attempt to contact the Customer by phone to arrange a time when the Customer will be present. In the event of the ordered Goods being returned to the Online Store by the Delivery Provider, the Seller will contact the Customer by email or phone to arrange a new Delivery date and cost.
§ 7 Non-Conformity of Goods with the Agreement
- The Goods are deemed to be in conformity with the agreement if, in particular, the following aspects remain in accordance with the agreement:
- a) description, type, quantity, quality, completeness, and functionality, and, in the case of Goods with digital elements – also compatibility, interoperability, and availability of updates;
- b) suitability for any particular purpose for which the Consumer requires them, which the Consumer made known to the Seller at the latest at the time of the conclusion of the agreement and which the Seller accepted.
- Furthermore, for the Goods to be considered in conformity with the agreement, they must:
- a) be suitable for the purposes for which goods of that type are normally used, taking into account applicable laws, technical standards, or good practices;
- b) be in such quantity and have such features, including durability and safety, and in the case of Goods with digital elements – also functionality and compatibility, as are typical for goods of that type and which the Consumer may reasonably expect, given the nature of the Goods and public statements made by the Seller, its legal predecessors, or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that:
- the Seller did not know about the public statement in question and, acting reasonably, could not have known about it;
- prior to the conclusion of the agreement, the public statement was corrected in the manner and form in which it was made, or in a comparable manner;
- the public statement did not affect the Consumer’s decision to conclude the agreement.
- c) be delivered with packaging, accessories, and instructions which the Consumer may reasonably expect to receive;
- d) be of the same quality as a sample or model which the Seller made available to the Consumer before the conclusion of the agreement, and correspond to the description of such a sample or model.
- The Seller shall not be liable for the non-conformity of the Goods with the agreement in the scope referred to in §7.2 if, at the latest at the time of conclusion of the agreement, the Consumer was expressly informed that a particular feature of the Goods deviates from the requirements of conformity with the agreement specified in §7.2 and expressly and separately accepted the lack of this particular feature.
- The Seller shall be liable for the non-conformity of the Goods with the agreement resulting from improper installation of the Goods if:
- a) it was carried out by the Seller or under the Seller’s responsibility;
- b) improper installation carried out by the Consumer resulted from errors in the instructions provided by the entrepreneur or a third party.
- The Seller shall be liable for any lack of conformity of the Goods with the agreement existing at the time of delivery and disclosed within two years from that time, unless the period of usability of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. It shall be presumed that any lack of conformity of the Goods with the agreement which becomes apparent before the expiry of two years from the date of delivery of the Goods existed at the time of delivery, unless proved otherwise or unless this presumption is incompatible with the nature of the Goods or the nature of the lack of conformity.
- The Seller may not invoke the expiry of the period for discovering a lack of conformity of the Goods with the agreement as specified in §7.5 if the lack of conformity was fraudulently concealed.
- If the Goods are not in conformity with the agreement, the Consumer may request that they be repaired or replaced.
- The Seller may replace the Goods when the Consumer requests a repair, or the Seller may repair the Goods when the Consumer requests a replacement, if bringing the Goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the agreement.
- In assessing the excessiveness of the costs to the Seller, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Goods with the agreement, the value of the Goods in conformity with the agreement, and the excessive inconvenience to the Consumer caused by a change in the way the Goods are brought into conformity.
- 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, and without significant inconvenience to the Consumer, taking into account the nature of the Goods and the purpose for which the Consumer acquired them. The costs of repair or replacement, including in particular the costs of postage, transportation, labour, and materials, shall be borne by the Seller.
- The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer at the Seller’s expense.
- If the Goods were installed before the lack of conformity became apparent, the Seller shall dismantle the Goods and re-install them after repair or replacement, or have these actions performed at its own expense.
- The Consumer shall not be obliged to pay for normal use of the Goods that have subsequently been replaced.
- If the Goods are not in conformity with the agreement, the Consumer may submit a statement requesting a price reduction or withdrawal from the agreement if:
- a) the Seller has refused to bring the Goods into conformity as set out above;
- b) the Seller has not brought the Goods into conformity with the agreement in accordance with §7.12 above;
- c) the lack of conformity of the Goods with the agreement persists, even though the Seller has attempted to bring the Goods into conformity with the agreement;
- d) the lack of conformity is so significant as to justify a price reduction or withdrawal from the agreement without first availing of the remedies specified in §7.12 above;
- e) it is clear from the Seller’s statement or circumstances that the Seller will not bring the Goods into conformity with the agreement within a reasonable time or without significant inconvenience to the Consumer.
- Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address.
- The Seller is obliged to respond to a Consumer’s complaint within 14 days of its receipt.
- The Seller shall return to the Consumer any amounts due as a result of exercising the right to a price reduction immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement regarding the price reduction.
- The Consumer may not withdraw from the agreement if the lack of conformity of the Goods with the agreement is insignificant. It is presumed that any lack of conformity of the Goods with the agreement is significant.
- If the lack of conformity with the agreement concerns only some of the Goods delivered under the agreement, the Consumer may withdraw from the agreement only with respect to those Goods, as well as other Goods purchased by the Consumer together with the non-conforming Goods if it cannot reasonably be expected that the Consumer would agree to keep only the Goods in conformity with the agreement.
- In the event of withdrawal from the agreement, the Consumer shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall return the price to the Consumer immediately, but no later than within 14 days from the date of receipt of the Goods or proof of their return.
- The Seller shall refund the price using the same payment method as was used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not incur any costs for the Consumer.
- The Seller does not use out-of-court dispute resolution, as referred to in the Act of 23 September 2016 on out-of-court consumer dispute resolution.
§ 8 Non-Conformity of Goods with the Agreement
1. A Customer who is a Consumer and has concluded a Sales Agreement may withdraw from it within 14 days without providing any reason.
2. The withdrawal period begins from the moment the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Goods.
3. The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. Such a statement may be made, for example, in writing to the Seller’s address or by email to the Seller at: sklep@eonlife. The statement may be made using the withdrawal form template provided by the Seller on the Store Website at the following address: Withdrawal Form. To meet the deadline, it is sufficient to send the statement before its expiry.
4. The Consumer may also withdraw from the Agreement by submitting a statement of withdrawal to the Seller via the electronic form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is sufficient to send the statement before its expiry. The Seller shall promptly confirm receipt of the form submitted via the website to the Consumer.
Returns should be sent to: Global Logistics Agencies, Jabłoniowa 46A, 80-175 Gdańsk.
5. In the event of withdrawal from the Sales Agreement, it is considered not concluded.
6. If the Consumer submits a statement of withdrawal before the Seller has accepted their offer, the offer ceases to be binding.
7. The Seller is obliged to immediately, and no later than within 14 days from the date of receiving the Consumer’s statement of withdrawal from the Sales Agreement, refund all payments made by the Consumer, including the cost of delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until the Goods are returned or the Consumer provides proof of having sent back the Goods, whichever occurs first.
8. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the least expensive standard method offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
9. The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller before the expiry of this period.
10. In the event of withdrawal, the Customer shall only bear the direct cost of returning the Goods.
11. If, due to its nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer of the cost of returning the item on the Store Website.
12. The Consumer is responsible for any reduction in the value of the Goods resulting from their use in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the Goods.
13. The Seller shall refund the payment using the same method of payment that was used by the Consumer unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for them.
14. The right to withdraw from the Sales Agreement does not apply to the Customer who is a Consumer with respect to agreements where the Goods are items that are liable to deteriorate rapidly or have a short expiry date.
15. The right to withdraw from the Sales Agreement does not apply to the Customer who is a Consumer with respect to agreements where the Goods are items supplied in sealed packaging which, once opened after delivery, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery.
16. Failure to Collect a Parcel and Return Shipping Costs
In the event that a parcel is not collected by the Customer and is returned to the sender, and no valid withdrawal from the contract has been submitted in accordance with consumer protection laws, EONLIFE reserves the right to deduct the costs related to the initial shipping and return of the parcel from the amount refunded to the Customer.
Free shipping is only applicable to successfully completed and collected orders.
§ 9 Service free
1. The Seller provides the following free electronic services to Customers:
a) Newsletter;
b) Customer Account Management;
c) Posting Reviews;
d) Discussion Forum;
e) Supplement Selection.
2. The services listed in §9 point 1 above are provided 24 hours a day, 7 days a week.
3. The Seller reserves the right to choose and change the type, form, timing, and manner of providing access to selected services listed above, and will inform Customers of such changes in the manner appropriate for amending the Terms & Conditions.
4. Any Customer may use the Newsletter service by entering their email address via the registration form provided by the Seller on the Store Website. After submitting the completed registration form, the Customer immediately receives an activation link at the email address provided, to confirm their subscription to the Newsletter. Upon activation of the link by the Customer, the electronic Newsletter service agreement is concluded.
The Customer may also opt to subscribe to the Newsletter by checking the relevant box in the registration form during Registration.
5. The Newsletter service consists of the Seller sending electronic messages containing information about new products or services in the Seller’s offer to the Customer’s email address. The Newsletter is sent by the Seller to all Customers who have subscribed.
6. Each Newsletter sent to Customers contains, in particular: information about the sender, a completed “subject” field specifying the content of the message, and information about the possibility and method of unsubscribing from the free Newsletter service.
7. The Customer may unsubscribe from the Newsletter at any time by clicking the unsubscribe link included in every email sent as part of the Newsletter service or by deactivating the relevant option in the Customer Account.
8. The Customer Account Management service is available after Registration under the terms described in these Terms & Conditions and consists of providing the Customer with a dedicated panel on the Store Website, allowing the Customer to modify the data provided during Registration, as well as track the status of orders and view the history of completed orders.
9. A Customer who has completed Registration may request the Seller to delete their Customer Account; in the case of a request to delete the Customer Account by the Seller, it may be deleted within 14 days of submitting the request.
10. The Posting Reviews service enables Customers with a Customer Account to publish individual and subjective statements, particularly about the Products, on the Store Website.
11. Resignation from the Posting Reviews service is possible at any time and consists of the Customer ceasing to post content on the Store Website.
12. The free Discussion Forum service on the Store Website enables Customers to publish individual and subjective statements.
13. Resignation from the free Discussion Forum service on the Store Website is possible at any time and consists of the Customer ceasing to post content on the appropriate Store Website pages.
14. The Supplement Selection service allows Customers to send a request regarding individual supplement recommendations via a dedicated form available on the Store Website. After submitting the completed form to the Seller (by clicking the “Choose supplements” button), the Customer will receive an email with suggested supplements, based on the information provided in the form. All content sent to the Customer as a result of using the free Supplement Selection service is for informational purposes only. Actions taken by the Customer based on such content should be preceded by consulting a doctor.
15. Resignation from the free Supplement Selection service is possible at any time and consists of the Customer ceasing to send supplement selection queries.
16. The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of the Seller, i.e.: conducting advertising activities for another business or product; posting content unrelated to the Seller’s activities (content not related to the topic of the Discussion Forum or reviewed product); posting false or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, violating legal provisions or these Terms & Conditions, or when blocking access to the Customer Account and free services is justified by security reasons – in particular: breaking security of the Store Website or other hacking activities. Access to the Customer Account and free services is blocked for the time necessary to resolve the issue that caused the blockage. The Seller will notify the Customer about the blockage by electronic means to the email address provided in the registration form.
§ 10 Customer’s Responsibility for Content Posted When Using the Reviews Feature and Discussion Forum
1. By posting content and making it available, the Customer voluntarily disseminates the content. The content posted does not reflect the views of the Seller and should not be associated with the Seller’s activities. The Seller is not a provider of such content, but merely an entity providing the necessary ICT infrastructure for this purpose.
2. The Customer declares that:
a) they are entitled to use the economic copyrights, industrial property rights, and/or related rights to – as applicable – works, items of industrial property rights (e.g., trademarks), and/or items of related rights which constitute the content;
b) the placement and sharing, within the services referred to in §9 of the Terms & Conditions, of personal data, images, and information concerning third parties has been done lawfully, voluntarily, and with the consent of the persons to whom they pertain;
c) they consent to access to the published content by other Customers and the Seller, as well as authorize the Seller to use such content free of charge in accordance with these Terms & Conditions;
d) they agree to the creation of derivative works within the meaning of the Copyright and Related Rights Act.
3. The Customer is not entitled to:
a) post, within the services referred to in §9 of the Terms & Conditions, personal data or images of third parties without the required legal permission or consent of such third parties;
b) post, within the services referred to in §9 of the Terms & Conditions, advertising and/or promotional content.
4. The Seller is liable for the content posted by Customers only after being notified in accordance with §11 of the Terms & Conditions.
5. It is prohibited for Customers to post content, when using the services referred to in §9 of the Terms & Conditions, which could in particular:
a) be posted in bad faith, e.g., with the intention of violating the personal rights of third parties;
b) infringe any rights of third parties, including rights related to copyright and related rights, industrial property rights, trade secrets, or confidentiality obligations;
c) be offensive or constitute threats towards others, contain language violating good manners (e.g., by using profanity or expressions commonly considered offensive);
d) be contrary to the interests of the Seller, i.e., content of an advertising nature for another business or product; content unrelated to the Seller’s business (content unrelated to the topic of the Discussion Forum or the reviewed product); false or misleading content;
e) otherwise violate the provisions of these Terms & Conditions, good manners, applicable law, social or moral standards.
6. Upon receiving notification in accordance with §11 of the Terms & Conditions, the Seller reserves the right to modify or delete content posted by Customers in connection with their use of the services referred to in §9 of the Terms & Conditions, especially in relation to content which, based on reports from third parties or relevant authorities, is found to potentially violate these Terms & Conditions or applicable law. The Seller does not conduct ongoing monitoring of posted content.
7. The Customer consents to the free use by the Seller of the content they post on the Store’s Website.
§ 11 Reporting Threats or Rights Infringements
1. If a Customer or any other person or entity considers that any content published on the Store’s Website infringes their rights, personal interests, decency, feelings, morals, beliefs, principles of fair competition, know-how, legally protected secrets, or obligations, they may notify the Seller of a potential infringement.
2. Upon being notified of a potential infringement, the Seller shall promptly take action to remove from the Store’s Website any content that is the cause of the infringement.
§ 12 Personal Data Protection
1. The principles for the protection of Personal Data are set out in the Privacy Policy.
§ 13 Termination of the Agreement (not applicable to Sales Agreements)
1. Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time and without stating reasons, subject to the rights acquired by the other party prior to the termination of the aforementioned agreement and the provisions below.
2. A Customer who has completed Registration may terminate the agreement for the provision of electronic services by sending an appropriate statement of intent to the Seller, using any means of remote communication that allows the Seller to become acquainted with the Customer’s statement of intent.
3. The Seller may terminate the agreement for the provision of electronic services by sending an appropriate statement of intent to the Customer’s email address provided during Registration.
§ 14 Final Provisions
1. The content of these Terms and Conditions may be recorded by printing, saving to a storage device, or downloading at any time from the Store’s Website.
2. In the event of a dispute arising from a concluded Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for resolving all disputes arising from these Terms and Conditions is Polish law.
3. The Seller informs Customers who are Consumers about the possibility of using out-of-court complaint and claim procedures. The rules for access to these procedures are available at the offices or websites of entities authorized to handle out-of-court dispute resolution. These may include, in particular, consumer rights ombudsmen or Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection. The Seller also informs that the online dispute resolution platform between consumers and traders at the EU level (ODR platform) is available at: http://ec.europa.eu/consumers/odr/.
4. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfillment prior to the effective date of the new Terms and Conditions are carried out in accordance with the Terms and Conditions in force on the date the order was placed by the Customer. The amendment to the Terms and Conditions enters into force 7 days after publication on the Store’s Website. The Seller will inform the Customer about the change to the Terms and Conditions 7 days before the new Terms and Conditions come into force by means of an electronic message containing a link to the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are required to notify the Seller, which results in termination of the agreement in accordance with the provisions of §13 of the Terms and Conditions.
5. Agreements with the Seller are concluded in the Polish language.
6. These Terms and Conditions enter into force on 30 January 2025.
