I. GENERAL Information
- The gasparinutrition.eu online store (Seller) conducts commercial activities in the field of sales. The owner of the store is Muscle Power Marcin Szczepanik based in Częstochowa, Krakowska 45 lok. 86 / 87A entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for of the economy, NIP: 5732409493, REGON: 240172548
- Customers can access these Regulations at any time via the link on the main page of the gasparinutrition.eu website
- The products that Gaspari Nutrition Europe presents on the store’s website constitute an invitation to conclude a contract pursuant to Article 71 of the Civil Code. Gaspari Nutrition Europe declares that the presented products are new and undertakes that they will be delivered without defects. Gaspari Nutrition Europe makes every effort to ensure that the presented availability of goods, descriptions and photos presented on the website accurately reflect the appearance of the products, however, they are only illustrative and may slightly differ from the goods provided by the producers, and the actual availability of goods.
- All the presented prices of goods are proposed gross prices (including VAT), and are given in euro. Adding Products to the Cart is not tantamount to placing an order. The Seller informs that the prices of the Products added to the Cart by the Buyer may change. The price becomes binding when the order is placed.
- In the absence of the ordered goods in stock, the Customer is informed about this by phone or to the e-mail address indicated in the Order and has the option to choose between: changing the purchased goods to another, longer delivery time or resigning from the order.
- In accordance with applicable law, the Seller reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18. In this case, potential customers will be notified of the above.
III. ORDER AND PAYMENT
- Orders from the GaspariNutrition.eu store can be placed in two ways:
a) via the order form available on the website gasparinutrition.eu
b) by phone at 48 570 115 565 during Gaspari Nutrition Europe’s working hours.
The contract is considered concluded with the moment the Customer receives an e-mail containing the confirmation of placing the Order.
- The buyer is obliged to provide the data necessary for the conclusion of the purchase contract and the performance of the contract in accordance with the order form. A fiscal receipt or VAT invoice is attached to each shipment.
- The Seller issues VAT invoices at the Buyer’s request (in the case of Consumers). To receive it, when placing the order, select the appropriate box, add in the comments or inform the store staff about it, while providing the necessary data, including the tax identification number. Otherwise, the consumer receives a fiscal receipt from the machine. In the case of companies, after completing the provision of full data, a VAT invoice is automatically issued.
- Ordered goods are delivered to the address given in the order form or prepared for personal collection. The method of delivery / collection is in accordance with the form selected / indicated by the Customer indicated in the order.
- Shipping costs depend on the type and weight of the goods. In the case of ordering several products, the total order price is given after selecting the delivery option in the summary of the order form.
- Payment for goods can be made in accordance with the payment methods currently available in the store and visible at the summary of the order form.
- The accepted forms of payment are:
a) by bank transfer to the bank account number:
Bank account number for transfers from Poland:
Account number: 14 1160 2202 0000 0001 5232 2562
Bank account number for foreign transfers:
ING Bank Śląski S.A. O. in Częstochowa,
Swift Code: INGBPLPW
Account: 91 1050 1142 1000 0023 6688 1213
b) payment by payment card – then, after making the payment, the payment card is charged at the time of shipment of the goods,
d) payment in cash or by card upon receipt of the goods in person at the Gaspari Nutrition Europe headquarters,
e) PayPall – external payment system.
- The Seller indicates that in the case of foreign currency orders, they will be converted into euro (EUR).
- The buyer has the option, in the presence of the carrier’s representative or the seller’s representative (upon personal collection), to check the contents of the package for damage during transport and compliance with the order.
- If the Buyer finds damage to the packaging, and after opening the item, he has the right to draw up a complaint report available from the forwarder, he also has the right to refuse to accept the shipment. The same rights are granted to the buyer when it is found that the goods shipped do not conform to the submitted and confirmed order.
IV. FULFILLMENT OF ORDERS and SHIPMENT OF GOODS
- In order to place an order, the Buyer is obliged to register in the Store’s panel by providing real personal / company data and by accepting these Regulations, correctly fill out the order form, providing the data necessary for shipment.
- Confirmation of a correctly placed order is sent automatically by e-mail to the address provided by the Buyer. The same way the customer can be notified about the status of the order. In special cases, the Seller reserves the right to contact the Customer to determine the details of the contract.
- Orders are processed on business days, during the Seller’s working hours and shipped from 2 to 7 business days, starting from the date of receipt by the Seller of the total price for a given order or from the date the Customer selects cash on delivery. The Customer is informed by the Seller about special cases that may potentially extend the time of completion, along with information about his rights.
- In orders where the Buyer has chosen a prepayment to the Seller’s account as a form of payment, the execution of the order begins with the crediting of the funds transferred to the Gaspari Nutrition Europe bank account.
- After the shipment of the purchased goods, the Store, under the contract with the Buyer, is obliged to send the Buyer to the e-mail address an invitation to complete a survey in order to examine his opinion about the transaction. The buyer is entitled, but not obliged to complete it. The store reserves the right to approve opinions consistent with the scope of the transaction and products resulting from it. The Store reserves the right not to approve an opinion inconsistent with the provisions of the regulations, the actual state of affairs resulting from the history of the order in the Store’s system, controversial or infringing opinions. The evaluation of opinions is the sole responsibility of the Store.
- By selecting a product in the Store with a given variant (ie taste, color, size, model), the Customer accepts the fact that it is not possible to change it to another, and will receive the product approved in the order. It is not possible to change products or its variants based on comments in a comment or based on an e-mail. In the case of products marked as freebies, the Customer accepts the fact that they are automatically given by the system in a random variant, size and color. It is not possible to exchange bonuses obtained after reaching the price threshold, only those that were granted automatically by the Seller’s system. The customer completes the shipping address in the form available when placing the order, addresses provided in other places (comments, comments, etc.) will not be taken into account. If the Customer has made a mistake in providing the address, he should inform the Seller about this fact without undue delay, before sending the goods by personal, telephone or e-mail contact.
- By concluding a purchase contract with the Seller, the Customer undertakes to abide by it. In the event of failure to collect the shipment with the purchased goods, the Customer is still in force with the contract and is additionally obliged to cover the costs of returning the goods and its possible re-shipment. This does not apply in the case of withdrawal from the contract (paragraph V of the Regulations) and the case described in paragraph III. point 9 of the Regulations.
V. WITHDRAWAL FROM THE CONTRACT
- The Buyer / Customer who is also a consumer within the meaning of the Civil Code, who has concluded a distance contract, has the option to withdraw from it without giving any reason, except for situations indicated in par. V point 8, in accordance with applicable law.
- Withdrawal from the contract consists in submitting by the Consumer / Customer an unequivocal statement available below (e.g. by e-mail or in writing) within 14 calendar days from the date of receipt of the goods or receipt of the goods by the person authorized by the Consumer / Customer, with the exclusion of the company delivering the goods (as indicated on the purchase form).
To meet this deadline, it is enough to send the statement made available on the gasparinutrition.eu website before the deadline to the e-mail address: [email protected] or the correspondence address of Gaspari Nutrition Europe.
The Consumer / Customer may submit the statement on the withdrawal form.
the pattern of which was prepared on the basis of the appendix to the Consumer Rights Act of May 30, 2014 (as amended), or another created by the Consumer / Customer in accordance with applicable regulations.
The deadline for withdrawing from the contract is counted from the date on which the Consumer / Customer acquired the goods or on which a third party other than the carrier selected by the Consumer / Customer and indicated by the Customer / Consumer came into possession of the goods.
- The consumer bears the direct cost of returning the goods. Gaspari Nutrition Europe, in accordance with applicable regulations, reimburses the cost of delivering the goods to the Buyer up to the price of the cheapest form of delivery. If the Consumer has chosen a method of delivery of the returned goods other than the cheapest offered by the Seller, the Consumer, in accordance with applicable law, may not request reimbursement of additional shipping costs of the goods above the cheapest form of delivery. In the event that the Consumer withdraws from the contract after sending the ordered goods (not collecting the shipment), he is obliged, in accordance with the law, to reimburse the costs of returning / returning the goods to the Seller.
- Within 14 days from the date of receipt by the Seller of the goods back or delivery by the Consumer of proof of its return – depending on which event occurs first – the Seller will return the payments received from him to the Consumer, taking into account the content of point 3 above.
- In the case of Customers who are not Consumers within the meaning of the Civil Code, the above provisions as well as contractual / written arrangements between the Seller’s and the Customer’s entities in accordance with applicable law shall apply.
- The goods should be sent back to the following address: MUSCLE POWER ul. Krakowska 45 lok. 86 / 87A (Park Handlowo-Usługowy “Warta”) 42-200 Częstochowa – this address is also given in the footer of the withdrawal form.
- In the case of currency payments or payment by checks, the Seller has the right to charge the Consumer with fees related to the return of funds transferred to his account in the amount of up to 10% of the returned amount.
The consumer has all the rights provided by the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), while complying with the obligations arising from these provisions.
- The consumer is not entitled to withdraw from the contract if the subject of the service, i.e. sale, is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after the Product was delivered to the Consumer.
VI. WARRANTIES AND COMPLAINTS
- Gaspari Nutrition Europe declares that it makes every effort to ensure compliance with the description of the goods sold by it on the website gasparinutrition.eu
- Gaspari Nutrition Europe as the Seller is liable to the Customer who is a Consumer within the meaning of Art. 22 of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in art. 556 and art. 556 – 556 and subsequent of the Civil Code.
- Complaints arising from the infringement of rights guaranteed by law or under these Regulations should be sent to the following address: [email protected] Gaspari Nutrition Europe undertakes to consider each complaint within 30 days. In particularly complex cases, the Customer may be informed about the extension of the Complaint examination by an additional period not longer than 45 days from the date of notification. Failure to consider the complaint within the above-mentioned period means that it is considered justified.
- Gaspari Nutrition Europe declares that it is not the producer of the goods. The manufacturer is liable under the warranty of the sold Goods under the conditions and for the period specified in the warranty card, product description or specified by law (if there is no such marking). If the warranty document / product description provides for such a possibility, the Customer may submit his claims under the warranty directly to the Manufacturer, whose address is included in the warranty card / product designation.
- Gaspari Nutrition Europe takes steps to ensure that the Store operates properly, to the extent that it results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time. Customers can submit notifications in writing to the correspondence address of Gaspari Nutrition Europe or by e-mail to the address [email protected]
VII. PERSONAL DATA PROTECTION
- The website administrator, while processing personal data, protects them against their acquisition and modification by unauthorized persons and processes them in accordance with the principles set out in applicable law.
VIII. DISPUTABLE CLAIMS
- Settlement of disputes arising between Gaspari Nutrition Europe and the Customer who is a Consumer within the meaning of Art. 221 of the Civil Code, is transferred to the competent courts in accordance with the provisions of the Code of Civil Procedure.
- The consumer is entitled to use the option of out-of-court complaint consideration and redress against the Seller. Detailed information on the above procedure can be found on the website www.uokik.gov.pl in the sub-tab “Amicable resolution of consumer disputes” (tab “Consumers”, then “Consumer institutions”, and then “Amicable resolution of consumer disputes”).
- Settlement of any disputes arising between Gaspari Nutrition Europe and the customer who is not a consumer within the meaning of art. 221 KC, is referred to the Court with jurisdiction over the seat of Gaspari Nutrition Europe.
- In the event that the customer wants to enter into a dispute with Gaspari Nutrition Europe in connection with handling complaints about goods, he also has the option of using the available dispute resolution methods.
- In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.