Regulations – Nutramarket

DEFINITIONS
1. Controller – the entity, specified in the Terms and Conditions, managing the Website while being its owner;
2. Customer – a natural person, a legal person or another entity with the legal capacity to enter into a Contract who is placing an Order on the Website;
3. Consumer – a Customer who is a natural person, placing an Order and entering into a Contract for a purpose not directly related to their commercial or professional activity;
4. Special offer – promotional offers made available by the Seller when placing an order or after an order is placed;
5. Products – movable items that are the subject of a sale via the Website;
6. Terms and Conditions – these Terms and Conditions;
7. Website – the online portal at www.nutramarket.net, which presents the offer of purchasing Products and enables the conclusion of a Contract;
8. Seller – PROVISTIS Spółka z ograniczoną odpowiedzialnością spółka komandytowa [Limited Liability Company, Limited Partnership], with its registered office in Poznań, at ul. Przemysłowa 15/17, lok. 106, 61-579 Poznań, Poland, recorded in the register of businesses organisations of the National Court Register, entry number 001000514, Polish tax identification number (NIP): 5235581119, email: [email protected];
9. Provision of services by electronic means / Electronic Services – the provision of the Service to the User, which takes place by sending and receiving data by means of ICT Systems, at the individual request of the User, without the simultaneous presence of the parties, with the data transmitted by means of a telecommunications network;
10. Sales Contract – a contract under which the Seller undertakes to transfer ownership of the Product to the Customer, and the Customer undertakes to collect the Product and pay the price to the Seller;
11. Services – services covered by these Terms and Conditions, consisting in particular of:
  - providing Users with access to the Website;
  - the provision of marketing content and commercial information;
  - providing access to the Order Form;
  - the transfer of the data from the Order Form to the Seller;
  - the transfer of the data relating to the Order from the Seller to the User;
12. User – a natural person of age with full capacity to perform legal transactions using the Website and, with the consent of a statutory representative, a minor or a person without the full capacity to perform legal transactions using the Website;
13. Voucher – a voucher purchased or received by the Customer, issued by the Seller, listing at least the value and the expiry date, entitling the Customer to reduce the sale price of the Product by the value of the Voucher, according to the Terms and Conditions and the Voucher Use Rules, which are attached as an Appendix to the Terms and Conditions.
14. Order – the Customer’s declaration of intent directly aiming to enter into a Contract for the sale of the Products, specifying the type and number of Products, placed via the Order Form found on the Website or in the manner referred to in part IV of the Terms and Conditions;

GENERAL PROVISIONS
1. The Terms and Conditions define:
  - the use of the Website by Users;
  - the placing of an Order and entering into a Contract;
  - the processing of an Order and handling delivery;
  - the claim procedure.
2. The use of the Website requires an up-to-date web browser and a device capable of operating it. Each User shall independently obtain access to these devices and systems.
3. The Controller of the Website is PROVISTIS Spółka z ograniczoną odpowiedzialnością spółka komandytowa, with its registered office in Poznań, at ul. Przemysłowa 15/17, lok. 106, 61-579 Poznań, Poland, recorded in the register of businesses organisations of the National Court Register, entry number 001000514, Polish tax identification number (NIP): 5235581119, email: [email protected]
4. By starting to use the Services, Users confirm that they have read the Terms and Conditions, the Privacy Policy, the Cookies Policy and other documents governing the provision of the Services through the Website. The Controller shall provide the Services only in accordance with the Terms and Conditions and does not consent to the use of the Website in a way that is contrary to the Terms and Conditions.
5. The Controller is the owner of the Website and provides Services through it. The Controller is responsible for presenting commercial information about the Products and enabling Users to place Orders and enter into Sales Contracts for the Products with the Seller. The Controller is not the Seller of the Products and, to the extent permitted by law, shall not be held liable in connection with the Products and the Contract.
6. When using the Website, the User is obliged to comply with the rules of law and standards of public decency while showing respect for the personal rights and intellectual property rights of third parties. In particular, the User may not use the Website in a way that interferes with its functioning, e.g. by using certain software or devices or by sending out or posting on the Website any content of their own, including unsolicited commercial information. The User may not provide the Seller or the Controller with unlawful, offensive or misleading content. The Controller reserves the right to restrict Users’ use of the Website if any undesirable activities are detected.
7. The rules for the processing of personal data by the Controller and the Seller can be found in the Privacy Policy.

PLACING AN ORDER AND ENTERING INTO A SALES CONTRACT
1. Information about the number of Product packs and their price that is placed on the Website shall constitute an offer as defined by law. Acceptance of the offer is made by placing an Order. Placing an Order constitutes a declaration of intent to enter into a Contract by the Customer and the acceptance of the offer.
2. If the price of a Product presented on the Website is reduced in relation to the regular price, the Special Offer will be valid only until it is modified or removed from the Website by the Controller. The Seller may also address a Special Offer to the Consumer during the telephone call referred to in section 6.
3. The Order can be placed once the Customer has accepted the Terms and Conditions.
4. The Order is placed by taking the technical steps indicated on the Website, consisting, in particular, of completing the fields of the Order Form, accepting the Terms and Conditions and requesting the Order to be entered to the system of the Website by pressing the order button.
5. The Order may also be placed during a telephone conversation between the Customer and the Seller’s representative, if the Seller makes such a possibility available.
6. The Customer is fully liable for the accuracy of the data entered into the Website. The Controller retains the right not to provide the Seller with data that is incomplete, untrue, repetitive or for other reasons indicating its untruthfulness or unreliability. The Seller retains the right to refuse to carry out the Order if verification of the Order data makes it impossible to carry out the Order for the above or other reasons.
7. If the Customer pays for the Products before the Controller or the Seller has carried out the verification referred to in section 6, the money shall be refunded to the Customer as soon as it is determined that the Order cannot be fulfilled, but no later than within 14 days from the date on which the Order was placed.
8. The Seller’s verification activities include, in particular, the automatic verification of the data relating to the Order, as well as email or telephone contact to confirm the correctness of the data. The refusal to carry out the verification activities or the inability to complete them may result in the cancellation of the Order, in accordance with section 6.
9. The Sales Contract will be entered into when the first of the following events occurs:
  - the Customer pays for the Products;
  - the Customer collects the Products.
10. After the Customer places an Order, the Seller sends the Customer a confirmation of that Order.
11. On request of the Customer and in accordance with applicable regulations, the Seller shall provide the Customer with a VAT invoice. The request for an invoice should be made to the Seller when placing the Order.

PRICES AND PAYMENT METHODS
1. The prices of Products and Special Offers are displayed in the currency applicable in the country of sale. The prices are inclusive of VAT, customs duty and other charges of a similar nature relating to the sale and transport of the Products to a location within the Seller’s area of operation.
2. The prices do not include customs duties or other charges of a similar nature related to the transport of the Products to a location outside the Seller’s area of operation.
3. The Seller accepts cash on delivery, payments made by payment cards and payments made via PayPal and other payment intermediaries. The payment methods used by the Seller may vary depending on the country of sale. They are listed on the Website.

PRODUCT DELIVERY
1. The Products are delivered via a courier company.
2. Delivery costs are shown when the Order is being placed. If delivery costs are not shown, delivery is free.
3. Standard dispatch of the Products takes place within 3 working days from the date of placing the Order (order processing time). Standard delivery time is 3 working days from the date of the dispatch (delivery time). The courier makes two delivery attempts, after which the parcel may await collection by the Customer at the courier’s parcel collection point.
4. If the Products are not delivered to the Customer, the Seller attempts to contact the Customer. Re-delivery is made at the Customer’s expense. In the event of an unsuccessful delivery attempt, the Seller shall be entitled to rescind the Contract. In such an event, the Seller shall refund the price to the Customer, if it was paid, less the shipping costs.
5. The Customer is obliged to inspect the Products immediately on delivery to determine whether the Products have been damaged during delivery. The Customer bears the risk of accidental damage to the Products during delivery. In the event of damage to the Products, the Seller must be contacted immediately. The Customer may also report a defect under statutory warranty.
6. In the case of a Customer who is not a Consumer, the risk of accidental damage to or loss of the Products shall pass to the Customer upon delivery of the Products to the carrier.

CONTRACT RESCISSION
1. The Customer, who is a Consumer, is entitled to rescind the Contract without stating a reason within 14 days of taking possession of the Product. The Contract rescission statement may be made in writing or electronically.
2. In order to exercise the right to rescind the Contract, the Consumer may use the Contract rescission form attached to the Terms and Conditions or make their own unequivocal statement.
3. To meet the Sales Contract rescission deadline, it is sufficient to send the relevant statement before the deadline.
4. The right to rescind the Contract does not apply in cases where the subject matter of performance are sealed goods which are not suitable for return after opening due to health protection or hygiene considerations and which have been unsealed by the Consumer after delivery. The exclusion of the possibility to rescind the Contract applies, in particular, to Products in the following categories: dietary supplements, cosmetics and medical devices.
5. If the Consumer rescinds the Contract, it shall be deemed not to have been concluded. The Seller shall reimburse to the Consumer any money received from the Consumer, excluding the costs arising from the method of delivery of the Product chosen by the Consumer, other than the cheapest usual method of delivery offered by the Seller.
6. In the event of rescinding the Contract, the Consumer shall return the Products to the Seller at their own expense within 14 days from the date of submitting the Contract rescission statement. Returns which use the payment on delivery option shall not be accepted. Returns shall include all items received by the Consumer from the Seller, including items received for free as part of the Order placed.
7. Refunds shall be made within 14 days of receipt of the Products from the consumer or from the confirmation that the Products have been shipped, whichever occurs first. Refunds shall be made to the account from which the payment was made or any other bank account specified by the Customer. If the bank account details are missing, the Seller shall request these details immediately, and the refund shall be made within 14 days from when such details are provided. The account to which the funds are returned must belong to the Customer or to a person representing the Customer’s interests under due authorisation.
8. If making a return in the manner set out in sec. (4) is impossible, the Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of receiving a refund that does not incur any costs for the Consumer.
9. If the Consumer’s country of residence offers more favourable provisions than those described above in relation to consumer sales, those provisions shall apply.
10. If the Consumer’s Order included several Products or a Product and one or more Vouchers, the Consumer may not engage in a partial rescission of the Contract. The Seller shall treat a statement of partial rescission of the Contract as rescission of the entire Contract.

CUSTOMER CLAIMS
1. If the Product has a physical defect, the Seller shall be liable under statutory warranty in accordance with provisions of the law in force. For a claim to be processed, the Customer must submit a claim and, if the investigation of the claim requires it, send the parcel back to the Seller. In the same way, the Customer may make a complaint about the provision of the Services by the Controller, in which case the complaint should be addressed to the Controller.
2. A notification of claim should include:
  - identification and contact details of the Customer;
  - the date of purchase and the name of the Product;
  - a detailed list of the Product’s defects;
  - a description of when and under what circumstances the Product was found to be defective;
  - the complainant’s demands;
  - information enabling the request to be processed (such as the shipping address or bank account number);
  - if the complaint relates to the Services, a description and date of the irregularity.
3. Claims shall be submitted to the Seller (i) in writing or (ii) by email.
4. Claims shall be processed by the Seller within 14 days from their receipt. The Seller shall send a response to the claim on a durable medium.
5. If a Sales Contract is concluded with a Customer who at the same time is not a Consumer, the Seller’s liability under statutory warranty for defects in the Products shall be excluded.
6. If the Customer is to be reimbursed as a result of a claim being upheld, the Seller shall inform the Customer whether or not the Seller will request the return of the Products prior to reimbursing the Customer. Refunds shall be made within 14 days from the date of processing the claim or receipt of the Products by the Seller. The provisions of Article VI (6–8) shall apply accordingly.

OUT-OF-COURT CLAIM AND REDRESS PROCEDURES
1. A Customer wishing to make a complaint or pursue a claim against the Seller may make use of out-of-court claim and redress procedures. The use of these procedures is voluntary and can take place when both parties to the dispute agree to them.
2. The European Commission provides a platform for online dispute resolution between consumers and business entities (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.

FINAL PROVISIONS
1. The court competent for settling disputes with Consumers is the court having jurisdiction over the place of residence of the Consumer. For Customers who are not Consumers, the competent court is the court having jurisdiction over the registered office of the Seller.
2. Subject to the provisions of the law in force, the law applicable to this Contract shall be the law applicable to the registered office of the Seller.

Contract rescission statement template

VOUCHER USE RULES

GENERAL PROVISIONS
1. These rules only apply to Vouchers issued by the Seller.
2. All capitalised terms have the meaning given to them in the Terms and Conditions.
3. These rules are not intended to limit the rights of Consumers under mandatory legal provisions. Whenever such legal provisions confer rights on Consumers that are more far-reaching than those provided for in these Rules, the relevant provisions of the law in force shall apply.

VOUCHERS
1. The issuer of the Vouchers is the Seller.
2. Vouchers can be issued in paper form or electronically.
3. Vouchers have a validity of not less than 3 and not more than 6 months from the date of the Customer’s Order. The validity of the Voucher is indicated on the Voucher and recorded electronically by the Seller.
4. Vouchers have their value indicated as a specific amount expressed in a specific currency.
5. Vouchers are issued to the bearer and can be transferred by the Customer to a third party.
6. Vouchers have a unique number (“Voucher Code”), which is displayed on the Vouchers.
7. The Customer acknowledges that if the Voucher is lost or misplaced, the Seller is under no obligation to provide the Customer with a new Voucher or the code for the lost Voucher.

VOUCHER USE RULES
1. Vouchers entitle the Customer making a purchase from the Website to reduce the price of any Product purchased from the Website by the nominal value of the Voucher, up to the Product price. The Voucher is redeemed by entering the Voucher Code in the specially designated field when finalising the Order on the Website.
2. The Voucher cannot be used to reduce the price of delivering the Product to the Customer or any other additional charges associated with the Order.
3. The voucher can only be used in full. If the value of an Order purchased with a Voucher is less than the value of the Voucher, the difference shall not be paid out in cash or by any other means.
4. Vouchers shall not be exchanged for cash or for Vouchers with a different value or expiry date, unless the Voucher delivered to the Customer fails to meet the requirements referred to in point II.3.
5. Vouchers cannot be combined. Only one (1) Voucher can be used by the Customer per Order.
6. Vouchers can only be used on the Website.

CLAIMS AND RESCISSION
1. The Terms and Conditions shall apply to claims and cancellations of Orders in which Vouchers were redeemed or in cases where the Customer used a Voucher, subject to the following provisions.
2. If the Consumer submits a Contract rescission statement in relation to an Order in which one or several Vouchers were used:
  1. the Contract rescission statement shall cover the entire Order and may not be made in respect of only part of the Order;
  2. The Customer rescinding the Contract is obliged to return the Vouchers to the Seller or provide their codes for verification and deactivation;
  3. if the Vouchers or the relevant Voucher data are not handed over or if the redemption of the Vouchers is established, the Seller is entitled to refuse to refund the relevant part of the sale price.
3. If the Consumer submits a Contract rescission statement in relation to an Order in which the Consumer redeemed a Voucher, the sales price shall be refunded by giving the Consumer the price actually paid and a Voucher with an expiry date coinciding with that of the Voucher previously used. If the expiry date of the Voucher has passed between the date of sale and the submission date of the Contract rescission statement, only the price actually paid by the Consumer shall be refunded.
4. If the Customer makes a claim in relation to an Order in which one or several Vouchers were used:
  1. the acceptance of a claim concerning a Product may also include a refund of the price paid for the Vouchers;
  2. In the case referred to in point 4.1. the price for the Vouchers shall be refunded only if the Vouchers are returned or the Voucher Codes are given to the Seller for deactivation;
  3. if the Voucher is used, a refund of the Voucher price is not possible.
5. If the Customer makes a claim in relation to an Order in which the Customer used a Voucher, the sales price shall be refunded by giving the Customer the price actually paid and a Voucher with an expiry date coinciding with that of the Voucher previously used. If the expiry date of the Voucher has passed between the date of sale and the submission date of the Contract rescission statement, the Customer shall be granted a new Voucher or Vouchers with a validity period of not less than 3 months.

FINAL PROVISIONS
1. To the extent not covered by these Rules, the provisions of the Terms and Conditions shall apply.
2. Changes to these Rules made by the Seller shall have no effect on Vouchers issued prior to the date on which these changes were made.