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Regulations

BEAUTY ELIXIR ONLINE SHOP REGULATIONS hereinafter referred to as the “Regulations” of January 30, 2023.

§ 1. DEFINITIONS.

  1. REGISTRATION FORM: a form that allows to create an Account.
  2. ORDER FORM: a form that allows to place an Order.
  3. CUSTOMER: a natural person with full legal capacity, and in cases provided by law also a natural person with limited legal capacity.
  4. ACCOUNT: a set of resources in the Store's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about the Orders placed by him are collected.
  5. NEWSLETTER: an electronic service that allows the Customer to receive periodic information from the Seller via e-mail, in particular about the Goods or events organized by the Seller.
  6. SELLER: the seller, as well as the service provider and controller of personal data is: FITNESS AUTHORITY Spółka z ograniczoną odpowiedzialnością with its registered office in Otomin (80-174) at the address: ul. Konna 40, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number: 0000355208, holding the numbers: NIP [Tax ID No]: 9571037001, REGON [National Business Registry] No: 221006572, BDO [Product Database]: 000051133 (register of entities introducing Goods, Goods in packaging and managing waste), share capital of PLN 17,000,000. Phone: 58-344-37-47 (fee as for a standard call, according to a pricelist of relevant operator), email: contact@beauty-elixir.com
  7. GOODS: a movable item available in the Store that is the subject of a Sales Contract between the Customer and the Seller.
  8. REGULATIONS: these regulations of the levrosupplements.com online store.
  9. INTERNET STORE: the Seller's online store at: www.levrosupplements.com.
  10. SALE CONTRACT: a contract of sale of Goods concluded between the Customer and the Seller through the Store.
  11. ELECTRONIC SERVICE: a service provided electronically by the Seller to the Customer through the Store.
  12. ORDER: the Customer's statement of intent made via the Order Form and aimed directly at concluding a Sales Contract.

§ 2. PERSONAL DATA. REFERENCE TO PRIVACY POLICY.

  1. All issues related to the processing of personal data are governed by the privacy policy available on the Store's website.

§ 3. ELECTRONIC SERVICES.

  1. The following Electronic Services are available in the Store: Account, Order Form and Newsletter.
  2. The use of the Account is free of charge and is possible after the Customer completes a total of two consecutive steps - (1) completing the Registration Form and (2) clicking the "Register Account" box. In the Registration Form, it is necessary for the Customer to provide the personal data indicated during the process. The account is valid for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Seller.
  3. The use of the Order Form begins when the Customer adds the first Goods to the electronic shopping cart. The Order is placed after the Customer completes a total of two consecutive steps - (1) filling out the Order Form and (2) clicking the "Order with obligation to pay" box. In the Order Form, it is necessary to provide the personal data indicated during the process. The use of the Order Form is free of charge and is a one-time use.
  4. The use of the Newsletter is free of charge and requires three consecutive steps performed by the Customer: (1) provide in the "Newsletter" tab visible on the Store's website the personal data indicated there, including the e-mail address to which the Newsletter is to be sent, (2) click on the "Subscribe" field, and (3) confirm the desire to subscribe to the Newsletter by clicking on the confirmation link automatically sent to the provided e-mail address. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order. The newsletter is sent to the Customer for an indefinite term. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by providing in the "Newsletter" tab the e-mail address and clicking on the field "Unsubscribe from the Newsletter" or by sending an appropriate request to the Seller.
  5. Technical requirements necessary for cooperation with the Store's ICT system: (1) a multimedia device with Internet access; (2) email access; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0 and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript in the used web browser.
  6. The Customer is obliged to use the Store in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Seller and third parties. The Customer is obliged to enter data in accordance with the facts. The Customer is prohibited from providing unlawful content.

§ 4. REGULATIONS OF THE SALES CONTRACT

  1. The conclusion of the Sales Contract is made after the Customer places an Order using the Order Form.
  2. The price of the Goods shown on the Store's website is given in Polish zloty and includes taxes. The total price including taxes, as well as delivery and other costs, is communicated to the Customer during the Order placement.
  3. The conclusion of the Sales Contract takes place after the Customer has submitted the Order.
  4. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer the appropriate e-mail message to the e-mail address provided during the placement of the Order. The Seller's message contains at least the Seller's statements about receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Contract. As soon as the Customer receives the above email, the Sales Contract is concluded.
  5. Pursuant to Article 106b(5) of the VAT Act, a Customer who wishes to receive a VAT invoice on the basis of a receipt/bill is obliged to inform the Seller and provide the VAT ID number before issuing the receipt/bill.

§ 5. METHODS AND TERMS OF PAYMENT FOR GOODS.

  1. The Seller provides the Customer with the following methods of payment for the Sales Contract:
    1. Cash on delivery.
    2. Payment in cash upon personal collection.
    3. Payment by bank transfer to the Seller's bank account.
  2. If the Customer chooses to pay in cash upon personal collection, payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Contract.
  3. If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.
  4. The Seller may also make other payment methods available to the Customer. These methods shall be disclosed during the ordering procedure.

§ 6. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF GOODS

  1. Delivery of Goods is available in the territory of the Republic of Poland.
  2. Delivery is against payment, unless the Sales Contract provides otherwise. Delivery costs are indicated to the Customer on the pages of the Store and when placing an Order.
  3. Personal collection of the Goods by the Customer is free of charge.
  4. The Seller shall make available to the Customer the following methods of delivery or collection of the Goods:
    1. Postal delivery, cash on delivery.
    2. Courier delivery, cash on delivery.
    3. APM delivery.
  5. The term of delivery of the Goods to the Customer is up to 5 business days, unless a shorter term is specified in the description of the Goods in question or in the course of placing the Order. In the case of Goods with different delivery dates, the delivery date shall be the longest date given, which, however, shall not exceed 5 business days. The beginning of the delivery period is calculated as follows:
    1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
    2. if the Customer chooses the cash on delivery payment method - from the date of conclusion of the Sales Contract.
  6. If the Customer chooses to pick up the Goods in person, the Goods shall be ready for pickup within 2 business days, unless a shorter period is specified in the description of the Goods in question or in the course of placing the Order. In the case of Goods with different dates of readiness for acceptance, the date of readiness for acceptance shall be the longest date given, which, however, shall not exceed 2 working days. The Customer shall additionally be informed of the readiness of the Goods for collection by the Seller by sending an appropriate e-mail message to the Customer's e-mail address provided during the ordering process. The beginning of the period when the Goods are ready for collection by the Customer is calculated as follows:
    1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
    2. if the Customer chooses the method of cash on delivery in person - from the date of conclusion of the Sales Contract.

§ 7. COMPLAINTS

  1. The basis and scope of the Seller's liability to the Customer if the sold goods have a physical or legal defect (statutory guarantee) are defined by generally applicable laws, in particular the Civil Code.
  2. Pursuant to Article 558 § 1 of the Civil Code, the Seller's statutory guarantee liability towards non-consumer Customers is excluded.
  3. The Seller is obliged to provide the Customer with an undefective product.
  4. If the Customer discovers damage to the parcel during transport, he is obliged to report this fact directly to the courier delivering the parcel and write an appropriate damage report (courier shipments are insured), and also report this fact to the Seller.
  5. The complaint should be submitted by the Customer in writing with the attached proof of purchase to the address: Fitness Authority sp. z o.o ul. Konna 40, 80-174 Otomin.
  6. The complaint should include:
    • order number
    • information and circumstances regarding the subject of the complaint
    • request for a way to bring the product into conformity with the sales contract or a statement of price reduction or withdrawal from the sales contract
    • contact details
    • bank account number
  7. The Customer who exercises a statutory guarantee right is obliged to deliver the defective product at the Seller's expense to the address: Fitness Authority sp. z o.o. ul. Konna 40, 80-174 Otomin.
  8. If, due to the nature of the goods or the manner of their installation, the delivery of the goods by the Customer is excessively difficult or impossible, the Customer is obliged to make the product available to the Seller at the place where the goods are located.
  9. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission.

§ 8.WARRANTY.

  1. Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or a distributor.
  2. In the case of Goods under warranty, information on the existence and content is presented on the Seller's website.
  3. The warranty statement specifies the obligations of the guarantor and the rights of the customer in the event that the sold item does not have the characteristics specified in the statement, and also contains basic information on how to exercise rights.

§ 9. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility for the Customer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to Customers in matters concerning out-of-court resolution of consumer disputes in writing to the address: ul. Sołtysowska 1 Magazyn 17, 31-589 Kraków;
  3. The Customer has the following example means of out-of-court complaint handling and redress: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, visit the website of the inspector in charge of the Seller's place of business); and (3) the assistance of the district (city) customer ombudsman or a social organization whose statutory tasks include the protection of customers (such as Federation of Customers, Association of Polish Customers). Advice is provided, among other things, by email at porady@dlaKlientow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, 8:00 a.m. - 6:00 p.m., call charge at the operator's tariff).
  4. A platform for online dispute resolution between Customers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for Customers and entrepreneurs seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

§ 10. RIGHT OF WITHDRAWAL FROM CONTRACT

  1. A Customer who has concluded a remote contract may, within 14 calendar days of receipt of the shipment, withdraw from the Contract without giving any reason.
  2. Excluded from the possibility of withdrawal are goods with a short shelf life, other products directly indicated by the Seller, as well as those that are delivered in sealed packaging, which once opened cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery.
  3. The right of withdrawal applies only to Customers who are natural persons (consumer).
  4. The right of withdrawal does not apply to legal entities and business people, if the product was purchased for the purposes of the company (legal entity, business).
  5. In order to withdraw from the Contract, the Customer should submit a statement of withdrawal in the form of a scanned signed statement via e-mail to the address: contact@beauty-elixir.com. A model statement of withdrawal from the Contract is appended to these Regulations.
  6. The Customer is obliged to return the goods to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, together with the receipt or other proof of purchase and the warranty document, if issued.
  7. The Customer shall return the goods at his own expense.
  8. The Seller, no later than 14 days after receiving the statement of withdrawal from the contract, shall return to the Customer all payments made by him, including delivery costs.
  9. The Seller may withhold reimbursement of payments received from the Customer until the goods are received back.
  10. If the Customer exceeds the deadlines indicated above or the return is not justified, the Seller shall send the package to the address indicated in the order.

§ 11. POSTING REVIEWS ON THE ONLINE STORE

  1. The Seller also guarantees Customers the ability to post reviews on the Online Store.
  2. All Customer reviews of Products purchased on the Online Store are verified. The Online Store obtains reviews only from people who actually have an Account.
  3. After receiving the ordered Goods, the Customer may be asked to voluntarily add a review on the purchased Goods.
  4. The Customer may add a review on the Goods through the review form available on the product sheet located in the Online Store;
  5. By completing the review form, the Customer agrees to publish the subjective content contained therein about the purchased Goods and to provide personal data to the extent necessary for the posting of the opinion. Depending on the adopted review mechanism, the Customer may be asked to give a comment, the number of stars (e.g. from 1 to 5), or mark a scale of satisfaction or dissatisfaction with the Goods. Personal information is protected in accordance with our Privacy Policy.
  6. Reviews posted on the Online Store are not sponsored in any way, and their content does not affect the terms of future contracts with the Seller.
  7. The Online Store posts all reviews, both positive and negative, as long as their content does not violate the provisions of the Regulations or applicable law.
  8. For Customers who receive a review request email, we guarantee that such an email is received only by those who have made a purchase and received the Goods.

§ 12. DISCLAIMERS

  1. The Seller is not responsible for orders placed by third parties using the email address and password of the account, unless the account user has previously informed the Seller of the possibility of the password being used by an unauthorized person.
  2. The Seller shall not be liable for failure to perform or improper performance of the Customer's order resulting from circumstances for which the Seller is not responsible.
  3. The Seller is not responsible for difficulties, technical problems in connection with the store, if they are the result of circumstances for which the Seller is not responsible.

§ 13. PROVISIONS APPLICABLE ONLY TO ENTREPRENEURS

  1. The provisions of this section apply only to non-consumer Customers.
  2. For non-consumer Customers, the Seller has the right to withdraw from the sales contract within 14 calendar days from the date of its conclusion.
  3. Pursuant to Article 558 § 1 of the Civil Code, the Seller's statutory guarantee liability towards non-consumer Customers is excluded.
  4. As soon as the Seller releases the goods to the carrier, the burdens and benefits of the product and the danger of accidental loss of or damage to the product are transferred to non-consumer Customer. The Seller in such a case shall not be liable for loss or damage to the product occurring from the acceptance of the product for carriage until its release to the Customer, as well as for the delay in transportation of the shipment.
  5. If the product is sent to a non-consumer Customer via a carrier, he shall be obliged to examine the shipment at the time and in the manner usual for shipments of this kind. If the Customer finds that there has been a loss or damage to the goods, he is obliged to do all things necessary to determine the liability of the carrier.
  6. Towards non-consumer Customers, in the case of damages resulting from negligence, the Seller is liable only up to the amount of the order.
  7. Any disputes arising between the Seller and non-consumer Customers shall be considered by the court having jurisdiction over the Seller's registered office.

§ 14. FINAL PROVISIONS

  1. Contracts concluded through the Store are drafted in Polish.
  2. The Seller reserves the right to make changes to the regulations for important reasons, i.e. changes in legislation, change of payment and delivery methods, among others.
  3. The Seller reserves the right to make changes to the Regulations at any time. Changes to the Regulations shall come into force within 14 days from the date of their publication in the Store. Contracts entered into before the effective date of amendments to the Regulations shall be subject to the existing provisions, unless the new Regulations are more favorable to the Customer. The Customer may withdraw from the Contract if he does not agree with the provisions of the new Regulations, with this right expiring after 14 days from the effective date of the new Regulations.
  4. In matters not regulated by the Regulations, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on Provision of Electronic Services, the Act on Consumer Rights.
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