RULES OF THE INTERNET SHOP: GENETICS-NUTRITIONAL.COM of 11.03.2017
I. DEFINITIONS
Terms used herein shall have the following meaning:
Customer: a natural person, a legal person or a business unit that is not a legal person, but has legal capacity under special regulations, who or which places Orders at the Shop.
Civil Code: the Act of 23 April 1964 (Journal of Laws No 1964.16.93, as amended).
Consumer: an adult natural person that is capable of legal activities who does shopping at the Shops which is not directly connected with such a person’s business or professional activity.
Trolley: a list of products chosen by the Buyer out of Goods offered by the Shop.
Buyer: both the Customer and Consumer.
Online Shop (Shop): an online website available at www.genetics-nutritional.com via which the Customer may, in particular, place Orders.
Goods: products exhibited at the Online Shop.
Sales Agreement: an agreement concerning the sale of Goods within the meaning of the Civil Code between A&A INVEST sp. z o.o. with its registered office in Katowice and the Customer, which is entered into by the use of the Shop’s website.
Consumer Rights Act: the Consumer Rights Act of 30 May 2014 (Journal of Laws No. 2014. 827).
Electronic Service Provision Act: the Electronic Service Provision Act of 18 July 2002 (Journal of Laws No 2002.144.1204, as amended).
Order: the Customer’s statement directly aimed at entering into the Sales Agreement, which specifies, in particular, the type and number of Goods.
Rules: these Rules for the provision of electronic services by the Online Shop operated at www.genetics-nutritional.com by A&A INVEST sp. z o.o. with its registered office in Katowice.
II. GENERAL PROVISIONS
2.1. These Rules provide for the principles for the use of the Online Shop available at https://www.genetics-nutritional.com.
2.2. These Rules are the rules referred to in Art. 8 of the Electronic Service Provision Act.
2.3. The Online Shop at https://www.genetics-nutritional.com is operated by A&A INVEST sp. z o.o. with its registered office in Katowice.
2.4. These Rules provide in particular for:
1. - principles for the registration and use of an account at the Online Shop;
2. - terms and conditions for booking Goods electronically at the Online Shop;
3. - terms and conditions for placing electronic Orders at the Online Store;
4. - principles for entering into Sales Agreements by the use of services provided at the Online Store;
5. - principles for filing and handling complaints (complaint procedures).
2.5. The Customer will be able to use the Online Shop provided that its telecommunications and IT system meets the following minimum technical requirements:
1. - Internet Explorer of version 8 or later;
2. - minimum screen resolution 800 x 600 pixels;
3. - enabled Java applet operation in the Internet browser.
2.6. To use the Online Shop, the Customer should have an access to a PC or another user device with the Internet connection on his/her own.
2.7. Pursuant to the applicable legal regulations, A&A INVEST sp. z o.o. with its registered office in Katowice reserves the right to limit services provided via the Online Shop to adults. In that case, potential Customers will be notified. The Shop is not liable for unauthorised use of the Shop by minor users.
2.8. Customers may view, download or print these Rules at any time by the use of a link available on the home page of www.genetics-nutritional.com.
2.9. Information about Goods published on the websites of the Shop, including in particular descriptions, technical and useful parameters and prices of Goods, constitute an invitation to enter into the agreement within the meaning of Art. 71 of the Civil Code and enable Customers to familiarise themselves with the main characteristics of Goods before ordering.
2.10. The Shop may change the assortment of its Goods at any time. The change of the offer is mainly dependant on supply and delivery limitations without prejudice to Orders made by the Buyer.
2.11. Products meet the requirements of Polish law. The Shop is not liable for the violation of law applicable in a country other than Poland where the product will be delivered at the Buyer’s request (e.g. if the sale of the product in the other country is forbidden). The Buyer must verify with competent authorities of the country where it intends to take or deliver the products whether these products can be imported to this country.
III. PRINCIPLES FOR THE USE OF THE ONLINE SHOP
3.1. To use the Online Shop, the Customer must register.
3.2. Registration consists in filling in and accepting a registration form that is available on one of the pages of the Shop.
3.3. The registration is deemed to be complete provided that the Customer accepts these Rules and gives his/her personal data which are marked as obligatory.
3.4. During the registration, the Customer may voluntarily give his/her consent to personal data processing for marketing purposes by ticking a relevant field in the registration form. In such a case, the Shop explicitly informs the Customer about the purpose of personal data collection, expected duration of data processing, and a data controller. The execution of the electronic service provision agreement with the Shop is not dependent on the Customer’s consent to personal data processing. The Customer can withdraw the consent at any time by submitting a relevant statement to the Shop. The statement may be for example sent to the Shop by e-mail.
3.5. A&A INVEST sp. z o.o. with its registered office in Katowice may deprive the Customer of the right to use the Online Shop or limit the Customer’s access to a part or all resources of the Online Shop with immediate effect if the Customer violates these Rules and in particular if the Customer:
1. - gives untrue, inaccurate or invalid, misleading data or data that violate third party rights during the registration at the Online Shop;
2. - violates personal rights of third parties, in particular personal rights of other Customers of the Online Shop, via the Online Shop;
3. - behaves otherwise, if A&A INVEST sp. z o.o. with its registered office in Katowice finds the Customer’s behaviour as non-compliant with applicable laws or general principles for the use of the Internet or as infringing the reputation of A&A INVEST sp. z o.o. with its registered office in Katowice.
3.6. Any person that has been deprived of the right to use the Online Shop cannot register again without the prior consent of A&A INVEST sp. z o.o. with its registered office in Katowice.
3.7. To provide for the safe transmission of communications and data in connection with services provided by the Online Shop, the Online Shop takes technical and organisational measures adjusted to the level of a threat to the safety of the services, including in particular measures whose purpose is to prevent unauthorised persons from acquiring and modifying personal data sent via the Internet.
3.8. In particular, the Customer must:
1. - not deliver or submit any contents that are forbidden by law, e.g. contents that promote violence, defame or violate personal rights and other third party rights;
2. - use the Online Shop without disturbing its operations, in particular by using the defined software or hardware;
3. - not take such actions like: sending or publishing any unordered commercial information (spamming) at the Online Shop;
4. - use the Online Shop without disturbance to other customers and A&A INVEST sp. z o.o. with its registered office in Katowice;
5. - use all contents available at the Online Shop only for the Customer’s personal use;
6. - use the Online Shop in accordance with laws applicable in the Republic of Poland, these Rules, and general principles for the use of the Internet.
3.9. If the Customer registered with the Online Shop, the password must not be shared with third parties. The Online Shop is not liable for orders made by unauthorised third parties that obtained the password from the Customer or obtained access to the Customer’s account as a result of the Customer’s negligence to comply with the principles concerning the safe use of the password to the Shop account.
3.10. The Shop represents that the public character of the Internet and the use of electronically provided services can be connected with a risk that the Customer’s data will be acquired and modified by unauthorised persons. Therefore, the Customer should use adequate technical measures that will minimise the risk. The Customers should in particular use antivirus programmes that protect the identity of Internet users. The owner never requests the Customers to provide the password in any form.
3.11. The Customer may make orders at the Shop 7 days a week and 24 hours a day.
IV. EXECUTION OF THE SALES AGREEMENT
4.1. To enter into the Sales Agreement via the Online Shop, the Customer must enter the website: www.genetics-nutritional.com, and choose Goods by taking consecutive technical activities based on messages and information displayed to the Customer on the site.
4.2. The Customer selects Goods by adding them to the Trolley.
4.3. The Buyer may order one or more Goods out of those offered on the Website. If the Buyer intends to buy a greater quantity of the same Goods under one transaction, the Shop reserves the right to refuse the transaction if it cannot be made because of restrictions imposed by a producer of the Goods. The Buyer will be informed about quantity restrictions on the purchase of the same Goods under one transaction immediately upon placing the Order.
4.4. While placing the Order, i.e. until the Customer clicks the “Order” button, the Customer can modify the data and selected Goods. For that purpose, the Customer must follow communications and information available on the website.
4.5. After the Customer of the Online Shop gives all necessary data, the summary of the Order will be displayed. The summary of the Order will contain the following information:
1. - the Goods ordered;
2. - a unit and total price of the Goods ordered, including shipment costs and extra costs (if any);
3. - a selected payment method;
4. - a selected delivery method;
5. - delivery time.
4.6. To send the Order, the Customer must accept these Rules, give his/her personal data which are marked as obligatory and necessary to perform the agreement, and click the “Order and pay” button. The moment the Buyer approves the Order, he/she is deemed to have knowingly accepted the Goods ordered and terms of the Order, including the Buyer’s obligation to pay the price for the Order, as well as the price, size, characteristics, quantity, date and method of the delivery of the Goods, as offered by the Shop and ordered by the Buyer.
4.7. The Order sent by the Customer is a statement that confirms the Customer’s will to enter into the Sales Agreement with A&A INVEST sp. z o.o. with its registered office in Katowice in accordance with these Rules.
4.8. Having placed the Order, the Customer receives the final confirmation of all important elements of the Order by e-mail.
4.9. A&A INVEST sp. z o.o. with its registered office in Katowice reserves the right to refuse to sell the Goods if the Buyer buys them for resale under the Buyer’s business activity.
4.10. The agreement is deemed to have been entered into the moment the Customer receives the e-mail referred to in Art. 4.8 above.
4.11. The Shop is not liable for an incorrect e-mail address or for the Buyer’s failure to receive the e-mail message about Order confirmation or shipment. The moment the Order is placed by the Buyer, the sale shall be deemed to be definitive.
4.12. The Sales Agreement is entered into in Polish in accordance with Polish law and its content complies with these Rules.
V. DELIVERY
5.1. Regular delivery of the Goods is limited to Poland. The Goods are delivered to the address specified by the Customer during the ordering procedure.
5.2. The cost of delivery are added to the price of the Goods and are specified separately in the sales document. The Shop may change delivery options at any time, provided that the form of delivery accepted by the Buyer as at the order placement is binding for the Sales Agreement entered into as a result of the Buyer placing the Order.
5.3. The Goods are delivered by courier, post, Paczka w RUCHu or to self-service parcel pick-up station. In addition, delivery costs will be specified during the ordering procedure and are published on www.genetics-nutritional.com.
5.4. The Goods are delivered to the address specified by the Customer. The rights of persons that collect the parcel at such an address will not be verified. The Customer is liable if the delivery is not possible or is difficult because of a wrong or incorrect address or the delivery has not accepted at the defined address or has not been immediately collected at such an address.
5.5. The delivery time is from 1 to 30 business days from the day the Customer sends the Order.
5.6. The Buyer or recipient of the Order should check the condition of the parcel and Goods at delivery.
5.7. In the case of delivery by courier, the content of the parcel should be always checked in the presence of a courier. In the case of a damage or defect, the parcel must be refused and a complaint form including all reservations about irregularities must be drawn up immediately in a clear and detailed way and sent to: GENETICS NUTRITIONAL SUPPLEMENTS Chorzowska 73A, 40-101 Katowice (the complaint form will be made available by the courier).
5.8. In the case of a damage or defect in the parcel delivered to the self-service parcel pick-up station, the parcel must be left in the station or the Buyer must go to the nearest InPost point to draw up a complaint form. Then, the Shop should be immediately informed about the situation and all irregularities should be clearly specified in detail by e-mail sent to info@genetics-nutritional.com
5.9. At the Customer’s explicit request, the Goods may be shipped to all EU states and non-European states (Australia, Brazil, Hong Kong, Israel, New Zealand, United States of America). Detailed principles for such a delivery will be defined in the courier or post shipment service rules. The Customer shall pay all delivery costs, including customs duties and other necessary charges.
VI. PRICES AND TERMS OF PAYMENT
6.1. Prices of the Goods are given in Polish zloty and include all components, without delivery costs, including VAT (and a VAT rate), and all other elements and charges. All changes in VAT will be automatically included in the price of the Goods offered by the Shop.
6.2. Prices of the Goods are prices being in force when the Buyer makes the Order. The Shop may change the prices at any time, provided that the prices accepted by the Buyer as at the order placement are binding for the Sales Agreement entered into as a result of the Buyer placing the Order.
6.3. The Customer may pay the price:
1. - by bank transfer;
2. - via Payu, Transferuj.pl. PayPal;
3. - by a PayU, Paypal payment card;
4. - in cash on delivery.
6.4. The Customer pays the cost of the payment form chosen from payment forms available under Art. 6.3 above.
6.5. The payment by bank transfer must be made within 7 days of the Order date. Otherwise, the Customer will receive an e-mail with request for payment from the Shop. If the Customer fails to pay for the Order within 14 days of the Order date, the Order will be cancelled and the Customer will be informed about the cancellation by e-mail.
6.6. The payment via PayPal is made on the PayPal platform. Choosing PayPal as the payment form, the Customer will be referred to the PayPal site. Immediately after the payment, the Customer will be referred back to the Shop website.
6.7. In the case of the payment in cash on delivery, to receive the Goods, the Buyer must pay the prices to the person delivering the parcel. The “cash on delivery” option cannot be used for Orders that are to be delivered to countries other than Poland.
6.8. All Orders must be paid in zloty (PLN).
6.9. The Shop has the right to suspend or cancel the Order and/or delivery, whatever the type and progress of delivery, if the Buyer does not pay or pays only a part of the amount due, as well as in the case of any payment incident, fraud or attempted fraud connected with the use of the Shop website, including future Orders.
6.10. The Goods are owned by A&A INVEST sp. z o.o. with its registered office in Katowice until the total payment is made.
VII. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
7.1. The Buyer being a Consumer has the right to withdraw from the Sales Agreement without reason within fourteen (14) days of the delivery of the Goods.
7.2. The withdrawal period expires 14 days of the delivery of the Goods.
7.3. To exercise the right of withdrawal, the Consumer must inform the Shop about the Consumer’s decision on withdrawal in the form of a clear statement (e.g. a letter sent by post, fax or e-mail).
7.4. The Consumer may, but is not obliged to, use a withdrawal form.
DRAFT WITHDRAWAL FORM
(this form must be filled out and sent solely if the consumer intends to withdraw from the agreement)
- Addressee: A&A INVEST sp. z o.o. with its registered office in Katowice, ul. Chorzowska 73A, 40-101 Katowice
- I/We(*) hereby inform that I/we(*) withdraw from the sales agreement / delivery agreement (*) with regard to the following things:
- Date of the agreement / collection (*):
- Full name of the consumer
- Address of the consumer
- Signature of the consumer (only if the form is sent on paper)
- Date
(*) delete if not applicable
7.5. To keep your right of withdrawal, it is enough to notify the Shop of the exercise of the right of withdrawal before the end of the withdrawal period.
7.6. The Goods must be returned unchanged without traces of use and in the original packaging. The Customer is liable for any decrease in the value of the Goods resulting from the use of the Goods more than necessary to check the character, properties and operation of the Goods.
7.7. The right of withdrawal cannot be exercised in relation to the Goods that have been unpacked upon delivery and which cannot be returned because of sanitary and health protection reasons. The Buyer is informed that the Buyer cannot withdraw from the agreement concerning the products that have been unpacked and whose repeated trading could expose the Shop to the risk connected with the hygiene and health of Consumers.
7.8. If the Buyer withdraws from the agreement, the Shop will refund all payments, including delivery costs (except for additional costs arising from any delivery other than the cheapest ordinary delivery offered by the Shop) immediately, however no later than within 14 days of the day the Shop is notified of the withdrawal. The Shop may withheld the refund of the payment until it receives the Goods or the evidence that the Goods have been shipped, whichever is earlier.
7.9. The sending cost are paid by the Buyer.
VIII. COMPLAINTS
8.1. Under Art. 558 § 1 of the Civil Code, the Seller is not liable for physical and legal defects (statutory defect warranty) towards Customers not being Consumers.
8.2. A&A INVEST sp. z o.o. with its registered office in Katowice, as the Seller, is liable to the Customer being a Consumer within the meaning of Art. 22[1] of the Civil Code under the statutory defect warranty to the extent set out in the Civil Code, in particular in Art. 556 and Art. 556[1] - 556[3] of the Civil Code.
8.3. Complaints arising from the violation of the Customer’s rights guaranteed by law or based on these Rules must be addressed to: GENETICS NUTRITIONAL SUPPLEMENTS A&A INVEST sp. z o.o., ul. Chorzowska 73A, 40-101 Katowice, with its registered office in Katowice. The Seller commits itself to handle each complaint, if possible, within 30 days.
IX. NON-COURT COMPLAINT HANDLING AND CLAIM PROCEDURES
9.1. The Buyer being a Consumer has the right to take advantage of non-court complaint handling and claim procedures before the Amicable Consumer Court at the relevant Voivodship Commercial Inspection Inspector. Information about access to such dispute procedures are available on http://www.uokik.gov.pl under “Rozstrzyganie sporów konsumenckich”.
X. COMPLAINTS CONCERNING ELECTRONIC SERVICES
10.1. A&A INVEST sp. z o.o. with its registered office in Katowice takes actions to ensure fully correct operation of the Shop to the extent stemming from its up-to-date technical knowledge and commits itself to remove all irregularities reported by Customers within a reasonable period.
10.2. The Customer must immediately inform A&A INVEST sp. z o.o. with its registered office in Katowice about all irregularities or breaks in the operation of the Shop website.
10.3. The Customer may report irregularities connected with the operation of the Shop in writing to the following address: Chorzowska 73A, 40-101 Katowice, by e-mail to info@genetics-nutritional.com or via the contact form.
10.4. In the complaint, the Customer should specify his/her name, correspondence address, the type and date of irregularities connected with the operation of the Shop.
10.5. A&A INVEST sp. z o.o. with its registered office in Katowice commits itself to handle each complaint, if possible, within 14 days and, if this is not possible, to inform the Customer about a period within which the complaint will be resolved.
XI. PRIVACY POLICY AND PERSONAL DATA SECURITY
11.1. A&A INVEST sp. z o.o. with its registered office in Katowice is a data controller for data provided by Customers.
11.2. The Shop will protect the personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Service Provision Act of 18 July 2002. When giving his/her personal data while placing the Order, the Customer agrees that the data will be processed by the Shop for purposes of such an Order. The Customer has the right to inspect, correct, update and delete his/her personal data at any time.
11.3. The Shop uses all efforts to protect the personal data against unauthorised access or use.
11.4. The Shop shares the Customer’s personal data to the extent required to deliver the Goods. If the Customer chooses the payment via PayU, the Customer’s personal data will be transmitted to the extent required to make the payment to PayU S.A. with its registered office in Poznań (postal code: 60-166), ul. Grunwaldzka 182, entered in the register of companies kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, under the number 0000274399.
XII. MISCELLANEOUS
12.1. Disputes arising between A&A INVEST sp. z o.o. with its registered office in Katowice and the Customer being a Consumer within the meaning of Art. 22[1] of the Civil Code will be resolved by competent courts in accordance with the relevant regulations of the Code of Civil Procedure.
12.2. Disputes arising between A&A INVEST sp. z o.o. with its registered office in Katowice and the Customer not being a Consumer within the meaning of Art. 22[1] of the Civil Code will be resolved by a court in Katowice.
12.3. All matters not provided for herein are governed by the Civil Code, the Electronic Service Provision Act, and other relevant regulations of Polish law.
12.4. The trademark of A&A INVEST and all graphical or other signs, all illustrations, images and logotypes, all rights to the Shop, including intellectual property rights to the name and Internet domain of the Shop and all contents on the website http://www.genetics-nutritional.com are and will be the exclusive property of A&A INVEST sp. z o.o. with its registered office in Katowice or an owner of intellectual property rights. It is forbidden to reproduce, modify or use, fully or partially, the trademarks, illustrations, images and logotypes or other contents available on the website for any reason and on any media without the prior written consent of A&A INVEST sp. z o.o. with its registered office in Katowice or the owner of intellectual property rights.