I. GENERAL INFORMATION
1. The gasparinutrition.eu online panel (hereinafter also: the Seller) conducts commercial activities in the field of sales. The owner of the panel is Marcin Szczepanik running a business under the name MARCIN SZCZEPANIK MUSCLE POWER with headquarters in Częstochowa, Krakowska 45 lok. 86 / 87A entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for matters of the economy, NIP: 5732409493, REGON: 240172548
2. In order to use the Panel, it is necessary to have access to the Internet, have an e-mail address, install any browser and accept cookies.
3. Customers within the meaning of these Regulations are not and cannot be consumers, as defined in art. 221 of the Act of 23 April 1964 the Civil Code (Journal of Laws of 2019, item 1145) (hereinafter: the Civil Code)
4. Customers can access these Regulations at any time via the link on the home page of gasparinutrition.eu.
5. Before placing an Order, Customers are required to read the provisions of these Regulations, and by joining the Order submission procedure, they shall read and accept the Regulations.
6. All content and provisions of these Regulations are protected by copyright and are the property of Marcin Szczepanik, operating under MARCIN SZCZEPANIK MUSCLE POWER, based in Częstochowa. Copying, distribution and any use without the consent of the author is prohibited. Violation of the above shall constitute an unambiguous and voluntary acceptance of a sanction in the form of a contractual penalty in the amount of PLN 25,000.00 (say: twenty five thousand zlotys, 00/100) and its recognition by the Customer committing the violation or any other entity that commits violations. The above amount of the contractual penalty does not close the claims of the copyright owner in this respect and leaves the possibility of further claiming damages in court.
1. The products that the Seller presents on the panel’s website constitute an invitation to conclude a contract pursuant to Article 71 of the Civil Code.
2. The seller undertakes that the presented products will be delivered without defects.
3. The Seller 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 for illustrative purposes only
4. Due to the illustrative nature of the information referred to in paragraph 3, the presented goods may slightly differ from the goods provided by producers, and the actual availability of the goods may differ from the presented ones.
5. All presented prices of goods are the proposed gross prices (including VAT). The price becomes binding at the time of placing the Order by the Customer.
6. In the absence of the ordered goods in stock or in the event of panel errors in indicating the availability of goods, the Customer is informed about this fact 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 one, at his own discretion, extended time execution of the Order or resignation from the Order. If the Buyer does not make a decision during the telephone conversation, does not answer the phone or does not answer the e-mail within 3 days from the date of its sending, the Seller decides on his own whether to return the price for the goods to the Buyer or suspend the execution of the order until the moment the goods are available in stock. The Seller shall inform the Buyer about the selection made using one of the forms of communication specified above, selected at his discretion.
III. ORDER AND PAYMENT
1. Orders in the gasparinutrition.eu Panel can be placed in two ways: a) via the order form available on the gasparinutrition.eu website
2. The contract is concluded when the Customer receives an e-mail containing the confirmation of placing the Order, and the Customer is from then on, within the meaning of these Regulations, the Buyer.
3. The buyer is obliged to provide the data necessary to conclude a purchase contract and perform the contract in accordance with the Order form available on the website.
4. A VAT invoice is attached to each shipment, however, the legal and accounting effects, including the effect of delivery, take place after the VAT invoice is sent under the procedure specified in paragraph 6.
5. The data provided by the Buyer for the purpose of issuing a VAT invoice are binding for the Seller and he is not obliged to verify them. The Seller shall not be liable in the event of failure to provide complete data by the Buyer or providing incorrect or untrue data. All claims of third parties related to it are covered solely by the Buyer.
6. The Buyer agrees to the Seller sending electronic documents, in particular VAT invoices, duplicates of these invoices and their corrections in electronic form, without a signature, to the e-mail address provided in the Order. The parties agree that the moment of receipt of the electronic document by the Buyer is the time of sending / sending it by the Seller. With the receipt of the electronic document, in accordance with sentence the previous one, the payment term specified therein begins to run. In the event of delay in payment, the Seller is entitled to claim statutory interest from the Buyer for delay in commercial transactions regulated in the act on payment deadlines in commercial transactions of March 8, 2013 (Journal of Laws of 2013, item 403, as amended) .). Moreover, from the date the Seller acquires the right to the interest referred to in the preceding sentence, the Seller is entitled to the Buyer, without request, for compensation for the costs of recovery in the amount specified in Art. 10 of the aforementioned Act.
7. In the event of a change of the e-mail address referred to in paragraph 6 The Buyer undertakes to immediately inform the Seller about this fact. Until the Seller is notified, the Buyer’s current e-mail address shall be binding on him and the Seller shall not be liable in the event of any consequences of the Buyer’s failure to inform the Seller about the new e-mail address.
8. The issuer of the VAT invoices referred to in these Regulations is the owner of the gasparinutrition.eu online panel, Marcin Szczepanik, running a business under the name MARCIN SZCZEPANIK MUSCLE POWER based in Częstochowa.
9. The ordered goods are delivered to the address provided in the Order form or prepared for collection in person. The method of delivery / collection is in accordance with the form selected / indicated by the Customer indicated in the Order.
10. Delivery costs range from PLN 30 to PLN 300 and 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.
11. Payment for the goods can be made in accordance with the payment methods made available on an ongoing basis in the Panel and visible at the summary of the Order form.
12. The accepted forms of payment are: a) by bank transfer to the bank account number: Bank account number for transfers from Poland: Bank account number for foreign transfers: ING Bank Śląski S.A. O. in Częstochowa, IBAN: PL Swift Code: Number: b) payment by payment card – then, after 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 Seller’s premises, e) Imoje – & nbsp; The customer may choose the following forms of payment for the ordered Goods: BLIK payments, payment card, electronic transfer via an external payment system imoje, operated by the company ING Bank Śląski SA based in Katowice. f) external tolling systems available in the panel.
IV. FULFILLMENT OF ORDERS and SHIPMENT OF GOODS
1. In order to place an Order, the Buyer is obliged to register in the Panel, providing real company details and accepting these Regulations, correctly fill in the order form, providing the data necessary for shipment.
2. 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.
3. In special cases, the Seller reserves the right to contact the Buyer to determine the details of the Order.
4. Orders are processed on business days, during the Seller’s working hours and, as a rule, shipped within 7 days from the date of placing the order. The above period may be extended. The Seller shall inform the Seller about special cases that may potentially extend the delivery time (point II, section 6 of the Regulations).
5. In Orders in which the Buyer chose a prepayment to the Seller’s account as a form of payment, the performance of the order begins when the funds transferred are credited to the Seller’s bank account
6. By selecting a product in the Panel with a given variant (i.e. 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.
7. After placing the order, it is not possible to change the terms of the order, in particular to change products, its variants, payment methods, in particular on the basis of comments in the commentary to the Order, e-mail message, telephone conversation. However, in the event that the Buyer requests such a modification and it is expressly approved by the Seller, the Seller is entitled to charge the Buyer a handling fee, which will be added to the invoice or other accounting document, and the Buyer accepts it and undertakes to pay for it.
8. The address for shipping is completed by the Customer in the form available when placing the Order, addresses provided in other places (comments, remarks, etc.) will not be taken into account and will not be binding on the Seller in any way. If the Customer made a mistake in entering the address, he should inform the Seller about this fact immediately, before sending the goods, by personal, telephone or e-mail contact.
9. The buyer is obliged to check the contents of the package for damage during transport and compliance with the order in the presence of the representative of the carrier / forwarder or the representative of the Seller (upon personal collection). From the above activities, the Buyer drawn up in the presence of the carrier’s / forwarder’s representative or the Seller’s representative (upon personal collection), a report taking into account any damage, in particular to the packaging, goods, along with photographic documentation. If the above procedure is not performed by the Buyer or the protocol and photographic documentation are sent by the Buyer with failure to meet the deadline referred to in paragraph 10, the Seller shall not be liable towards the Buyer, in particular due to defects and / or damage to the goods.
10. The buyer is obliged to send immediately, i.e. not later than 2 days from the date of the event, the protocol along with the photographic documentation referred to in paragraph 13, to the Seller. The Seller informs the Buyer about the acceptance of the submitted application or its refusal within 14 working days from the date of receipt of the above documentation. If the notification is accepted, the Seller undertakes to send the identical goods without damage or return the Buyer the price to the bank account indicated by him within 7 days from the date of providing the information, the indication of which will be requested by the Seller from the Buyer. The Seller informs that in complicated matters, the Buyer may be informed by the Seller about the extension of the deadline for accepting or refusing to accept the application to 30 days, and in the case of accepting the application, about the extension of the deadline for sending the same goods without damage or refunding the price to the Buyer to the bank account indicated by him. up to 30 days.
11. By concluding the purchase contract with the Seller, the Buyer undertakes to abide by it. In the event of failure to collect the shipment with the purchased goods, the Buyer is still bound by the concluded contract and is additionally obliged to cover the costs of returning the goods and its possible re-shipment. Additionally, the Seller is entitled to settle to the Buyer a contractual penalty in the amount of PLN 1,000.00 (say: one thousand zlotys, 00/100), which the Buyer undertakes to pay to the Seller within 7 days from the date of receipt of the request in this regard. The Seller is entitled to claim supplementary compensation if the damage resulting from the above title was transferred to the amount of the contractual penalty. This does not apply to the case described in sec. 14.
12. In the event that the shipment delivered to the Buyer would not contain the product label in Polish, the Buyer undertakes to inform the Seller about this fact. The Seller shall deliver the above-mentioned labels at his own expense to the Buyer within 7 working days from the date of receipt of the above notification, and the Buyer undertakes until then not to use the goods by which the Parties understand, in particular, its opening, consumption, further sale.
VI. WITHDRAWAL FROM THE CONTRACT
1. 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 a reason, except for situations indicated in par. V point 8, in accordance with applicable law.
2. Withdrawal from the contract consists in the submission by the Consumer / Customer of 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 (in accordance with with an indication on the purchase form).
To meet this deadline, it is enough to send the statement made available on the musclepower.pl website before the deadline to the e-mail address: [email protected] or the Muscle Power mailing address.
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 one created by the Consumer / Customer in accordance with applicable regulations.
The deadline for withdrawing from the contract is counted from the day on which the Consumer / Customer came into possession of the goods or on which a third party other than the carrier selected by the Consumer / Customer and indicated by the Customer / Consumer acquires possession of the goods.
3. The consumer bears the direct cost of returning the goods. Muscle Power, in accordance with applicable regulations, reimburses the costs of delivering the goods to the Buyer up to the price of the cheapest form of delivery. If the Consumer chose the method of delivery of the returned goods other than the cheapest offered by the Seller, the Consumer, in accordance with applicable regulations & nbsp; the law may not demand 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 parcel), he is obliged, in accordance with the law, to reimburse the costs of sending / returning the goods to the Seller.
4. 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 to the Consumer the payments received from him, taking into account the content of point 3 above.
5. In the case of Customers who are not Consumers within the meaning of the Civil Code, the above provisions apply as well as contractual / written arrangements between the Seller’s and the Customer’s entities in accordance with applicable law.
6. 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.
7. 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 refunded amount.
The consumer has all the rights provided for by the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), while complying with the obligations arising from these provisions.
8. 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.
9. From January 1, 2021, the provisions contained in this paragraph regarding the Consumer, also apply to contracts concluded after January 1, 2021 with an entity that is a natural person concluding a contract directly related to its business, if the content of this contract shows that it does not have it is for this person of a professional nature, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
VI. GUARANTEES AND COMPLAINTS
1. The Seller declares that he makes every effort to ensure compliance with the description of the goods sold in the Panel on the website gasparinutrition.eu, subject to point II paragraph 1 and 3 of the Regulations
2. The Seller’s liability under the warranty is excluded pursuant to art. 558 § 1 of the Civil Code.
3. Complaints arising from the violation of statutory rights or under these Regulations should be sent to the following address: [email protected] The seller undertakes to consider each complaint within 30 days, except for complaints related to damage to the shipment / goods, which will be processed on the terms set out in point. IV paragraph 9.10 of these Regulations. In complicated matters, the Buyer may be informed about the extension of the Complaint examination, but not longer than 60 days from the date of notification.
4. The seller declares that he is not the producer of the goods. The manufacturer is liable under the warranty of the sold goods on the terms and for the period specified in the warranty card, product description or specified by law (if there is no such designation). If the warranty document / product description provides for such a possibility, the Buyer may submit his claims under the warranty directly to the Manufacturer, whose address is included in the warranty card / product designation.
5. The Seller takes steps to ensure that the Panel is fully operational, to the extent that it results from the current technical knowledge and undertakes to remedy any irregularities on its side reported by the Customers / Buyers within a reasonable time. Notifications may be submitted by Customers / Buyers in writing to the Seller’s correspondence address or by e-mail to the address [email protected] 6. Link to the ODR platform
VII. PERSONAL DATA PROTECTION
2. The website administrator, by 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
1. Settlement of any disputes arising between the Seller and the Customer / Buyer is subject to the exclusive jurisdiction of the Court of the seat of the Seller Power company, which is the competent Court in Częstochowa.
2. In the event that the Buyer wants to enter into a dispute with the Seller in connection with handling complaints about the goods, he also has the option of using the available dispute resolution methods to which the Seller agrees in the complaint handling letters.
3. 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.