SAINT-BODY ONLINE SHOP REGULATIONS

§ 1 GENERAL PROVISIONS

  1. These Regulations set out the rules for effecting transactions in the online shop available at www.saint-body.com, run by SAINT-BODY Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, registered with the register of business entities of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, the 12 th Commercial Division of the National Court Register, under number 0000618297, share capital of 5,000 zlotys, NIP 525-265- 98-47, REGON 364476858.
  2. The Regulations constitute an integral part of the sale agreement entered into between the Seller and the Buyer.
  3. All product prices stated in the Online Shop are in Polish zlotys and are gross prices.
  4. Information about Products constitute an invitation to enter into an offer under Article 71 of the Civil Code.

§ 2 GENERAL DEFINITIONS

For the needs of the Regulations, the following terms shall have the following meaning:

Registration Form – the form available from the Online Shop enabling to create the Account.

Order Form – e-service; the form available from the Online Shop enabling the Client to place the Order, in particular by adding a Product to the virtual cart and setting out the terms and conditions of the Sale Agreement.

Client – a natural person having full capacity to enter into transactions, a legal person or an organisational unit who is not a legal person but who has legal capacity assigned by separate legal provisions, placing an Order with the Online Shop.

Consumer – a natural person carrying out a legal transaction with an undertaking, where such a legal transaction is not related directly to the persons business or professional activities.

Account – e-service; a set of sources in the Service Provider’s electronic system, marked by an individual name (login) and password, provided by the Client, where the details furnished by the Client and information about the Orders placed by the Client are collected.

Civil Code – the Act dated 23 April 1964 – the Civil Code.

Product – a movable thing available from the Online Shop which is the subject-matter of the sale between the Client and the Seller. Regulations – these Regulations.

Online Shop – the online shop run by the Seller at: www.saintbody.com.

Seller, Service Provider – Saint-Body Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, registered with the register of business entities of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, the 12 th Commercial Division of the National Court Register, under number 0000618297, share capital of 5,000 zlotys, NIP 525-265- 98-47, REGON 364476858.

Sale Agreement – the agreement for sale of a Product entered into between the Seller and the Client via the Online Shop.

E-Service – a service provided by electronic means, by the Service Provider to the Service Recipient via the Online Shop.

Service Recipient – a natural person, a legal person or an organisational unit not having legal personality, who uses the E- Service.

The Consumer Rights Act – the act dated 30 May 2014 on Consumer Rights (Dz.U.2014.827).

Order – the Client’s statement of will filed using the Order Form, aimed directly at entering into the agreement for sale of the Product with the Seller.

§ 3 E-SERVICES IN THE ONLINE SHOP

  1. The following E-Services are available from the Online Shop: The Service Recipient’s using the E-Services is free of charge.
    1. Account
    2. Order Form
  2. E-Service consisting of the Order Form is a one-off service, the provision thereof is terminated upon the Service Recipient’s placing an Order via the Order Form or upon prior abandoning of placing the Order via the Order Form.
  3. The Service Recipient’s using the Order From starts upon the Service Recipient’s adding the first Product to the virtual cart in the Online Shop.
  4. The E-Service in the form of the Account is provided for an indefinite term. The Service Recipient has the possibility of resigning from using the Account any time, without stating any reason, by sending the Service Recipient the resignation declaration.
  5. It is possible for the Service Recipient to use the Account once the Service Recipient has filled in the Registration Form and clicked the “Zarejestruj sie” [Register] button. It is necessary for the Service Recipient to furnish the following details in the Registration Form: name and surname, residence address, e-mail address, contact number, password for the Account. For Service Recipients who are not Consumers, it is necessary to provide also their NIP [tax identification number] and their business name.

§ 4 ORDERING PROCESS

  1. The Online Shop accepts Orders placed online twenty-four a day, seven days a week. Orders placed on Saturdays, days free from work and holiday shall be processed on the first working day following the date when the order is placed.
  2. It is also possible to place an order with the Online Shop without the Client’s persistent registration of his/her details by creating an Account.
  3. In order to place an Order, the Buyer is obliged to take the following actions: the Sale Agreement between the Client and the Seller is entered into approval of the selection of the Products by the button “Zamawiam z obowiązkiem zapłaty” [I order with commitment to pay].
    1. to select the products ordered clicking the “Dodaj do koszyka” [Add to cart] button,
    2. from the cart view, to click the “Przejdź do kasy” [Move to the cash desk] button.
  4. Each Order placed shall be confirmed by e-mail regarding the acceptance of the same.
  5. Until the selection of the Products is approved by the “Zamawiam z obowiązkiem zapłaty” [I order with commitment to pay] button, it is possible for the Client to modify the contents of the cart and the telephone and address details for dispatch.
  6. Information furnished by the Client in the course of placing the Order should be true and up-to- date. The Seller reserves the right to refuse to process the Order if the details furnished by the Client are imprecise and make it impossible to process the Order, and in particular to deliver the items. Before refusing to process the Order, the Seller will attempt to contact the Client by telephone or by e-mail in order to determine the correct details.
  7. The sale agreement is entered into in Polish or in English, at the Client’s choice as selected by the Client in the course of placing the Order.

§ 5 PAYMENTS.

The Seller makes the following methods of payment for the Order available to the Client: In the event of payment by traditional transfer, in the description of the transfer it is required to specify the name and surname/business name of the Client and the order number furnished to the Client in the e-mail confirming the Order placed.

    1. payment by traditional transfer to the Seller’s bank account maintained by ING Bank Śląski, account number: 50105010121000009226171388
    2. payment via PayU service, in accordance with the terms and conditions and in accordance with the regulations of the service, available from www.payu.pl.
    3. payment in cash upon delivery.
  1. The Order should be paid for within 7 (seven) days from the date the Order is placed. A failure to pay for the order within the said deadline shall be regarded as the Client’s rescinding the sale agreement.

§ 5 PAYMENTS.

The Seller makes the following methods of payment for the Order available to the Client: In the event of payment by traditional transfer, in the description of the transfer it is required to specify the name and surname/business name of the Client and the order number furnished to the Client in the e-mail confirming the Order placed.

    1. payment by traditional transfer to the Seller’s bank account maintained by ING Bank Śląski, account number: 50105010121000009226171388
    2. payment via PayU service, in accordance with the terms and conditions and in accordance with the regulations of the service, available from www.payu.pl.
    3. payment in cash upon delivery.
  1. The Order should be paid for within 7 (seven) days from the date the Order is placed. A failure to pay for the order within the said deadline shall be regarded as the Client’s rescinding the sale agreement.

§ 6 ORDER PROCESSING

  1. Order Processing consists in preparing the ordered items to be dispatched to the address furnished by the Client.
  2. For Orders paid for via Online prepayment (PayU, traditional internet transfer), the Order processing commencement may be delayed until the Seller’s bank account is credited with the entire purchase price.
  3. Zamówienie uważa się za zrealizowane z chwilą przygotowania Zamówienia do wysyłki.
  4. The Order is regarded as processed when the Order has been prepared for dispatch.
  5. The detailed Order processing time is specified each time in the Product description.
  6. The Seller shall inform the Client that the Order has been processed by an e-mail sent to the Client’s e-mail address. Once the Order has been processed, the Seller shall commence the dispatch of the Order to the Client.

§ 7 DELIVERY COST AND TERMS AND CONDITIONS

  1. Orders are delivered to the address furnished by the Client in the course of placing the Order.
  2. All Orders are sent by an insured courier delivery.
  3. The envisaged time of delivery to the Client is 4 (four) working days.
  4. If the Client has selected the method of payment by transfer, electronic payment or payment card – from the date the Seller’s bank account or settlement account is credited.

§ 8 RESCINDING THE SALE AGREEMENT

  1. Within 14 days from the date the Sale Agreement is entered into, the Client may rescind the Sale Agreement without stating any reason, filing a declaration on rescinding the Sale Agreement. In order to file the declaration on rescinding the Sale Agreement, the Client may use the sample form attached to the package containing the items ordered, or the sample agreement rescission form attached at Appendix No. 2 to the Consumer Rights Act.
  2. The deadline to rescind the Sale Agreement shall expire after the lapse of 14 days from the date when the Client took the possession of the Product or when a third party other than the carrier, and named by the Client, took possession of the Product.
  3. The deadline to rescind the Sale Agreement is complied with if the Client has sent the declaration on rescinding the Sale Agreement before the lapse of the deadline to rescind the Sale Agreement.
  4. The Client shall return the Products in respect of which the Client rescinds the Sale Agreement immediately, and in any case no later than within 14 (fourteen) days from the date when the Client informs the Seller about rescinding the Sale Agreement.
  5. The Client shall bear the direct costs of returning the Products.
  6. The Seller shall return the Client all the monies paid by the Consumer within 14 days from the date of receipt of the Consumer’s declaration on rescinding the Sale Agreement.
  7. The Seller shall refund the payment using the same payment method as used by the Client, unless the Client has explicitly consented to another refund method that does not involve any costs for the Client.
  8. The address to which the Client shall return the Product is: Saint-Body Sp. z o.o., ul. Świętokrzyska 30 lok. 63, 00-116 Warszawa.

§ 9 LIABILITY FOR DEFECTS

  1. The Seller shall be obliged to deliver the Client goods free from defects.
  2. The Seller shall be liable to the Client if the Product sold has a physical or legal defect (implied statutory warranty for defects [Polish: rękojmia za wady]) in accordance with the terms and conditions set out in Article 556 and following of the Civil Code.
  3. In respect of each Product which is the subject-matter of a Sale Agreement and which has defects causing that it does not comply with the Sale Agreement, a complaint may be filed with observance of the deadlines and terms and conditions for complaints arising from applicable legal provisions.
  4. Complaints shall be sent to the Seller’s address.
  5. The Seller undertakes to process the complaint within 14 days from the date of receipt of the parcel containing the Product to which the complaint pertains.

§ 10 OUT-OF- COURT MANNER OF COMPLAINT SETTLEMENT

  1. A Client who is a Consumer has the possibility of availing of the following out-of- court methods of settling complaints and pursuing claims: Proceedings as referred to in paragraph 1 above are of voluntary nature, and pursuing the same requires consent from both parties to the dispute.
    1. applying to the Voyvodship Inspector of the Trade Inspectorate [Wojewódzki Inspektor Inspekcji Handlowej] to initiate mediation proceedings (www.wiih.org.pl),
    2. applying to the permanent consumer conciliation court operating at the respective Voyvodship Trade Inspectorate [Wojewódzki Inspektorat Inspekcji Handlowej] to examine the dispute,
    3. applying to the City Consumer Advocate [Miejski Rzecznik Praw Konsumentów] for assistance in respect of protecting consumer interests and rights (e.g., http://konsument.um.warszawa.pl/). Free-of- charge assistance in respect of protecting consumer rights is also provided to consumers by social organisations, e.g. the Consumer Federation [Federacja Konsumentów].
  2. A Client who is a Consumer has the right to avail of out-of- court manner of dispute resolution and pursuing claims in the form of the interactive ODR (Online Dispute Resolution) platform in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/EC, hereinafter referred to as the “Regulation on consumer ODR”.

§ 11 PERSONAL DATA PROTECTION

  1. The Seller is the personal data administrator.
  2. Placing an Order is equal to expressing the Client’s consent to the Seller’s collecting and processing the Client’s personal data for purposes relating to entering into and carrying out the Sale Agreement.
  3. The Seller shall have the right to collect and process the Client’s personal data also for marking and promotional purposes, upon the Client’s prior consent expressed at the stage of placing the Order.
  4. The Client shall have the right to access personal data furnished by the Client, to correct the same and to demand the same be deleted any time.

§ 12 PRIVACY POLICY

  1. The Seller is the Personal Data Administrator.
  2. Personal Data furnished by the Client are used only for the purpose of proper operation of the Online Shop within the scope set out herein and shall not be made available or disclosed to third parties. The Seller exercises special care to respect the Clients’ privacy.
  3. Using the Online Shop, the Client consents to processing the personal data to the extent making it possible for the Service Provider to perform the services correctly and fully.
  4. A Client using the Online Shop has the right to access personal data furnished by the Client, to modify the same and to demand the processing of the same be ceased any time.
  5. In order to facilitate the processing of personal data, the Online Shop uses Cookies.

§ 13 FINAL PROVISIONS

  1. Generally applicable provisions of Polish law, including but not limited to the Civil Code, the Consumer Rights Act, and other acts applying specifically to the activities and operation of the Shop, shall apply to issues not governed herein.
  2. Product images and information about the Products displayed at www.saint- body.com are subject to protection based on copyright. Copying and dissemination of the same without the Seller’s consent is prohibited.
  3. These Regulations come into force as of the date they are published on the website of the Online Shop, namely as of [•] June 2016.
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