I. Definitions
The following terms used in these Rules and Regulations shall mean:
1. Civil Code – the Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended);
2. online store (Store) – the website available at https://sowelonutrition.com/en, through which the Customer places Orders;
3. Sales agreement – an agreement for the sale of Goods, as defined by the Civil Code, concluded between Health group sp. z o.o. and the Client, concluded using the website of the Store;
4. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
5. the Act on the provision of services by electronic means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
II. General provisions
1. Regulations define the principles of use of the online store available at https://sowelonutrition.com/en
2. The Sowelo online store, operating at https://sowelonutrition.com/en, is operated by Health Group Spółka z Ograniczoną Odpowiedzialnością, registered at WILLIAMA HEERLEIN LINDLEYA 16/—, 02-013 WARSAW, MAZOWIECKIE, NIP: 7010957453, REGON: 384961696 entered in the Register of Entrepreneurs under KRS number 0000816262
E-mail address: contact@sowelonutrition.com
3. These regulations set forth:
– terms and conditions for placing orders electronically within the online store;
– terms and conditions for placing orders electronically within the online store
– terms and conditions of concluding Sales Agreements using the services provided by the Internet Store;
4. The use of the online store is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements: Web browser with ActiveX, JavaScript and Cookies enabled.
5. In order to use the online store, the Customer should on his/her own obtain access to a computer workstation or a terminal device with access to the Internet.
7. In accordance with applicable law, Health group sp. z o. o. reserves the right to limit the provision of services through the Online Store to persons over the age of 18.
III. Rules of using the Internet Store
1. Registration in the Online Store is optional. The Customer may place an order without registering with the Store, after reading and accepting these Regulations.
Registration takes place by completing and accepting a registration form, available on one of the pages of the Store
Registration is subject to agreeing to the Terms and Conditions and providing personal information marked as mandatory.
Health Group sp. z o.o. may deprive the Client of the right to use the Internet Shop, as well as restrict its access to a part or all resources of the Internet Shop, with immediate effect, in the case of violation of the Regulations by the Client, and in particular when the Client:
– provided during registration in the online store data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
– has violated the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store,
– commits any other behaviour which is considered by Health Group sp. z o.o. to be in breach of the applicable provisions of law or general rules of using the Internet or harming the good name of the Sowelo brand.
A person who has been deprived of the right to use the online store cannot register again without prior consent from Health Group sp. z o.o.
2. To ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of risk to the security of services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet.
3 In particular, the Client shall be obliged to:
– use the Online Store in a manner consistent with the applicable laws in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules for the use of the Internet.
– not provide or transmit content that is prohibited by law, such as content that promotes violence, defames or violates personal interests and other rights of third parties,
– use the Online Store in a manner not disruptive to its functioning, in particular through the use of specific software or devices,
– not undertake any actions such as: sending or posting unsolicited commercial information (spam) within the scope of the Internet Shop,
– use the Online Store in a manner not disruptive to other customers and the Sowelo brand,
– use all the content placed on the Online Shop only for your own personal use,
4. The principles of personal data processing by the Sowelo online store , as well as the Customer’s rights in this respect are defined in the Privacy Policy. By using the online store, the Customer accepts the rules contained in Privacy Policy.
IV. Procedure for concluding the Sales Agreement
1. In order to conclude a Sales Agreement through the Online Store, it is necessary to visit the website https://sowelonutrition.com/en and make a selection of goods by taking technical actions based on the displayed messages and information available on the website.
2. The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.
3. After the Customer using the Online Store has provided all necessary data, a summary of the Order placed will be displayed. Summary of the submitted Order shall include, among others, description of the selected goods or services, total price and all other costs.
4. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the Order.
5. Information about the Goods given on the websites of the Store constitute an offer within the meaning of Article 66 of the Civil Code. Sending an Order by the Customer is a statement of intent to conclude a sales agreement with Health Group sp. z o. o. The contract is considered to be concluded at the moment when the Customer’s Order is entered into the IT system of the Online Shop, provided that the Order complies with the Regulations.
After concluding the contract, the Customer receives an e-mail message containing confirmation of all significant elements of the Order.
6. The sales contract is concluded in the Polish language, with the content compliant with these Regulations.
7. Customers may access these Regulations at any time through a link on the home page of https://sowelonutrition.com/en and download and make a printout.
Preserving, securing, making available and confirming to the Customer the material provisions of the Agreement for the sale of Goods shall be done by sending to the Customer, at the e-mail address provided, the confirmation, Order specification and the document confirming the sale (receipt or VAT invoice).
V. Delivery
1. Delivery of Goods is limited to the territory of the Republic of Poland and takes place to the address specified by the Customer in the course of placing the Order. 2.
2. Delivery of the ordered Goods is realized through a courier company or the Polish Post Office
3. It is not possible to personally pick up the ordered goods in our store.
4. Delivery costs will be indicated while placing an Order.
5. Third Delivery time is up to 2 working days from the time of placing an Order by the Consumer.
6. 4th Damage to the goods occurred during delivery.
7. In the case of a consumer distance purchase, it is the sowelo store that bears the risk of accidental damage or loss of the goods in transit. Please contact us immediately if the goods are delivered with obvious damage caused in transit, kindly report such defect to the delivery person as soon as possible and contact the sowelo store at contact@sowelonutrition.com.
8. In the case of a Customer who is not a Consumer at the same time: the risk of accidental damage or loss of the Goods passes from the Online Shop to the Buyer at the moment of entrusting the Goods to a carrier engaged in the carriage of goods of a given type, or a person or courier company designated by the Buyer.
VI. Prices and payment methods
1. Prices of Goods are given in Polish zloty and include all costs, including VAT.
2. Payment for the ordered goods can be made by PayPal, PayU.
VII. Right of withdrawal
The customer has the right to withdraw from this contract within 14 days without giving any reason. The deadline for withdrawal expires after 14 days from the day on which the customer gained possession of the item or in which a third party other than the carrier and indicated by the customer gained possession of the item.
In order to exercise the right of withdrawal, the customer must inform Health Group sp. z o. o., 16 William Heerlein Lindley St., 02-013 Warsaw, contact@sowelonutrition.com, Telephone: 537327237 of his decision to withdraw from this contract by an unequivocal statement.
Effects of withdrawal
In the event of withdrawal from this contract, we shall reimburse to you all payments received, including the costs of delivery of the items, no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will return the payment using the same means of payment that were used by the customer during the transaction, unless the customer agrees otherwise. The customer will not incur any fees in connection with the return of payment.
The customer shall bear the direct costs of returning the goods. The customer is liable for any diminution in the value of the item resulting from the use of the item in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the item.
Withdrawal from the contract is not provided for in cases of the type:
- Contracts in which the object of performance is an item that deteriorates rapidly or has a short shelf life.
- Contracts in which the object of performance is an item that deteriorates rapidly or has a short shelf life.
- Agreements in which the subject matter of the performance is an item supplied in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery.
- Agreements in which the subject matter of the performance is an item supplied in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery.
VIII. Complaints concerning Goods
It applies to a Customer who is a Consumer:
Health Group sp. z o. o. undertakes to deliver goods free of defects. The statutory right of responsibility for defects of the sold thing (warranty for defects) applies to the extent specified in Article 556 and Articles 556[1]-556[3] and following of the Civil Code.
Customers may file complaints:
– in writing to the address: Health Group sp. z o.o., 16 Wiliam Heerlein Lindley Street, 02-013 Warsaw
– via e-mail at the address: contact@sowelonutrition.com.
– by using the contact form available on the Store’s website.
When exercising warranty rights – if we consider it necessary to resolve the complaint, you are obliged to deliver the defective goods at our expense to the postal address indicated above. If, due to the type of goods or the way they are installed, delivery of the goods would be unreasonably difficult, you are obliged to make the goods available to us at the place where they are located. We undertake to respond to the complaint immediately, no later than within 14 days of its submission.
We are liable under the warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the goods to you. If the object of sale is a used movable item, warranty liability is one year from the date of delivery.
In the filed complaint it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of occurrence of the defect; (2) specify the request for the removal of the defect (replacement of the goods for a new one, repair of the goods, reduction in price, withdrawal from the contract – if the defect is significant); and (3) provide contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Store. The recommendations specified in the preceding sentence are only non-binding guidelines and in no way affect the effectiveness of the complaint made without providing the recommended information.
Applies to Customer who is not also a Consumer:
In the case of a Sales Agreement concluded with a Customer who is not a Consumer at the same time, pursuant to Article 558 § 1 of the Civil Code, the liability of the Online Shop under warranty for defects in Goods shall be excluded. This exclusion is ineffective in the case of fraudulent concealment of a defect by us
X. Complaints about the provision of electronic services
1. Health Group sp. z o. o. takes action to ensure the proper operation of the Online Store to the extent resulting from current technical knowledge, and undertakes to remove all irregularities reported by customers within a reasonable time.
2. Customer may notify us of any irregularities or interruptions in the operation of the Online Store service. Irregularities related to the functioning of the Store should be reported by e-mail to: contact@sowelonutrition.com
3. In a complaint regarding irregularities related to the functioning of the Online Store service, please indicate the type and date of occurrence of irregularities.
4. We undertake to respond to the complaint promptly, but no later than 14 days from the date of submission.
XI. Out-of-court complaint and redress procedures
1. We would like to inform you that there is a possibility to use out-of-court complaint and redress procedures. The use of these is voluntary and may take place only when both parties to the dispute agree to it.
– The consumer may request the initiation of proceedings for out-of-court settlement of consumer disputes relating to the concluded Sales Agreement to the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
– A consumer may also apply for settlement of a dispute regarding a concluded Sales Agreement by a permanent arbitration court operating at the relevant regional inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
– The European Commission also provides a platform for online dispute resolution between consumers and traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
2. Detailed information on the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court procedures for handling complaints, pursuing claims and the rules of access to these procedures are available at the headquarters and on the websites of provincial inspectorates of the Trade Inspection and at the following website: https://uokik.gov.pl/spory_konsumenckie.php.
XII. Final provisions
1. The court competent to resolve disputes with Consumers is the court with local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between Health Group sp. z o. o. and a Customer who is not a Consumer is subject to the competent court for our registered office.
3. In matters not regulated by these Terms and Conditions, the provisions of the applicable law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (consolidated text Journal of Laws of 2014, item 121 as amended) and the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827). In the event of any conflict between these Regulations and the rights of Customers and provisions arising from universally applicable regulations, the universally applicable provisions of Polish law shall apply.