REGULATIONS OF THE ONLINE STORE

REGULATIONS OF THE ONLINE STORE

I. Definitions

The terms used in the Regulations shall have the following meaning:

1. Customer - a natural person, a legal person or an organisational unit not being a legal person, to whom special provisions grant legal capacity, who places an Order within the Store;

2. Consumer - in accordance with Article 22[1] of the Civil Code, means a natural person who performs with an entrepreneur a legal act that is not directly related to his/her business or professional activity.

3. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

4. Regulations - these Regulations defining the general terms and conditions of sales and the rules of providing services by electronic means within the Olimp Sport Nutrition online store;

5. Online Store (Store) - a website available at https://olimpsport.com, through which the Customer may, in particular, place Orders;

6. Goods - products presented in the Online Store;

7. Sales Contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between Olimp Sport Nutrition and the Customer, concluded with the use of the Store’s website;

8. Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);

9. Act on Rendering Electronic Services - the Act of 18 July 2002 on Rendering Electronic Services (Journal of Laws, No. 144, item 1204, as amended);

10. Order - a declaration of the Customer’s will, aiming directly at concluding the Sales Agreement, specifying in particular the type and quantity of Goods.

II. General provisions

1. These Regulations define the rules of using the online store available at https://olimpsport.com.

2. These Regulations are the regulations referred to in Article 8 of the Act on Rendering Electronic Services.

3. The Olimp Sport Nutrition Online Store, operating at https://olimpsport.com, is run by Olimp Laboratories Sp. z o.o., Nagawczyna 109c, 39-200, Dębica, NIP (Tax Identification No.): 8722235030, REGON (National Business Registry No.): 180037377, entered in the Register of Entrepreneurs kept by the DISTRICT COURT IN RZESZÓW, 12TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS No. 0000234182.

sklep@olimp-labs.com

4. These Regulations specify in particular:

- the rules of registering and using the account within the Online Store;

- the conditions and rules for placing Orders electronically within the Online Store;

- the rules of concluding Sales Contracts with the use of services provided within the Online Store.

5. The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: A web browser with ActiveX, JavaScript and Cookies enabled.

6. In order to use the Online Store, the Customer should obtain access to a computer station or a terminal device with Internet access on its own.

7. In accordance with the applicable law, Olimp Sport Nutrition reserves the right to limit the provision of services via the Online Store to persons over 18 years of age. In such a case, potential Customers shall be notified of the above.

8. Customers can access these Regulations at any time through a link on the homepage of the website https://olimpsport.com and download and print it out.

III. Rules of using the Online Store

1. Registration with the Online Store is optional. The Customer may place an order without registering with the Store, after reading these Regulations and accepting them.

Registration is done by completing and accepting the registration form, available on one of the websites of the Store.

The condition of registration is to give consent to the content of the Regulations and to provide personal data marked as mandatory.

Olimp Sport Nutrition may deprive the Customer of the right to use the Online Store, and may also restrict its access to part or all of the resources of the Online Store, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular, when the Customer:

- provides data during registration in the Online Store which is false, inaccurate or outdated, misleading or infringing the rights of third parties,

- infringes the personal rights of third parties via the Online Store, in particular the personal rights of other customers of the Online Store,

- behaves in any other way which is considered by Olympic Sport Nutrition to be contrary to the applicable law or general rules for using the Internet or detrimental to the repute of Olympic Sport Nutrition.

A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of Olimp Sport Nutrition.

2. In order to ensure the security of the transmission of messages and data in connection with the services provided within the Website, the Online Store shall take technical and organisational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the collection and modification by unauthorised persons of personal data transmitted over the Internet.

3. The Customer shall, in particular:

- use of the Onlie Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet,

- not provide or transmit content that is prohibited by law, e.g. content that promotes violence, defames or infringes on the personal rights and other rights of third parties,

- use the Online Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,

- refrain from taking any action, such as sending or placing unsolicited commercial information (spam) within the Online Store,

- use the Online Store in a manner that is not burdensome for other customers and for Olimp Sport Nutrition,

- use any content posted within the Online Store only for his/her own personal use.

IV. Procedure for the conclusion of a Sales Contract

1. In order to conclude a Sales Contract via the Online Store, the Customer should visit the website https://olimpsport.com and select the Goods by taking subsequent technical actions on the basis of the messages displayed to the Customer and information available on the website.

2. The selection of the Goods ordered by the Customer is made by adding them to the basket.

3. During the process of placing the Order - until the moment of pressing the button confirming that the Order has been placed - the Customer can modify the entered data and the selected Goods. In order to do so, the Customer should follow the messages displayed to him/her as well as the information available on the website.

4. After the Customer using the Online Store has provided all the necessary information, a summary of the Order placed will be displayed. The summary of the Order placed shall contain, among other things, a description of the selected goods or services, the total price and all other costs.

5. In order to send the Order, it is necessary to accept the contents of the Regulations, provide personal data marked as mandatory and press the button confirming that the Order has been placed.

6. The information about the Goods provided on the Store’s website constitutes an offer within the meaning of Article 66 of the Civil Code. Sending the Order by the Customer constitutes a declaration of will to conclude a Sales Contract with Olimp Sport Nutrition, in accordance with the contents of the Regulations.
The contract shall be deemed concluded when the Customer’s Order is received by the Online Store’s IT system, provided that the Order complies with the Regulations.
After the conclusion of the contract, the Customer receives an e-mail with confirmation of all important elements of the Order.

7. The Sales Contract is concluded in Polish, English, German, Spanish, French and Italian, the contents of which are in accordance with the Regulations.

8. Customers can access these Regulations at any time through a link on the homepage of the website https://olimpsport.com and download and print it out.

Recording, securing, making available and confirming the essential provisions of the Sales Contract for the Goods to the Customer shall be effected by sending the Customer to the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation and specification of the Order and the VAT invoice.

V. Delivery

1. Delivery of Goods shall be limited to all European Union countries and shall be made to the address specified by the Customer during the placement of the Order.

2. Delivery of the ordered Goods shall be carried out through:

- a courier company

It is not possible to order goods in person in our Store.

Delivery costs amount to: Delivery costs amount up to EUR/GBP 50 gross in total- shipping cost: EUR 10, GBP 9 gross, over EUR/GBP 50 gross - shipping cost: 0 EUR/GBP. In addition, delivery costs shall be indicated at the time of placing the Order. In addition, delivery costs shall be indicated at the time of placing the Order.

3. The delivery period shall be 1 business day and shall begin from the day of sending the Order by the Customer.

4. Damage to the Goods during delivery.

In the case of distance purchase by the Consumer, our Store always bears the risk of accidental damage or loss of the Goods during transport. If the Goods are delivered with obvious damage, which occurred during transport, you are kindly asked to report such defect to the courier as soon as possible and contact us. A delay in submitting such a complaint or making contact shall not have any consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (section VIII of the Regulations). Faster notification of noticed damage during transport helps us to assert our own claims against the carrier or transport insurer.

In the case of a Customer who is not also a Consumer: the risk of accidental damage or loss of the Goods shall pass from the Online Store to the buyer at the moment of entrusting the Goods to the carrier carrying given types of goods or to the person or courier company designated by the buyer.

VI. Prices and methods of payment

1. Prices of the Goods are given in EUR and include all components, including VAT, customs duties and all other components.

2. The Customer has the option to pay the price:

- by bank transfer

- by cash on delivery

- using the PayU system

The credit card shall be charged upon shipment of the Goods.

VII. Right of withdrawal from the contract

Model instructions for the withdrawal from the contract

Right of withdrawal from the contract

You have the right to withdraw from this contract within a period of 14 days without giving any reason. The withdrawal period shall expire 14 days after the day on which you acquire the goods or on which a third party other than the carrier and indicated by you comes into the possession of the goods.

In order to exercise your right of withdrawal you must inform us (Olimp Laboratories Sp. z o.o., Nagawczyna 109c, 39-200 Dębica, sklep@olimp-labs.com, Phone: 146803200) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You can use the model withdrawal form, but this is not obligatory. You may also fill in and send a withdrawal form or any other unequivocal statement by e-mail on our website at https://olimpsport.com/pl/odstapienie-od-umowy. If you make use of this option, we will send you an acknowledgement of receipt of the information on withdrawal on a durable medium (e.g. e-mail) without delay.

In order to comply with the withdrawal period, it is sufficient that you send us information on the exercise of your right of withdrawal from the contract before the withdrawal period expires.

Effects of withdrawal

If you withdraw from this contract, we will reimburse you for all payments received from you, including the costs of delivering the goods (with the exception of the additional costs arising from the method of delivery chosen by you other than the cheapest usual method of delivery offered by us), immediately and in any event no later than 14 days after we are informed of your decision to exercise your right of withdrawal from this contract. We will process your refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.

We will take back the goods. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal of the consumer is excluded in the case of:

  • Contracts where the object of performance is goods which are liable to deteriorate rapidly or which have a short expiry date.
  • Contracts where the object of performance is goods delivered in sealed packaging which, when opened, cannot be returned for health or hygiene reasons if opened after delivery.

MODEL WITHDRAWAL FORM

(this form must be completed and returned only if you wish to withdraw from the contract)

- Addressee Olimp Laboratories Sp. z o.o., Nagawczyna 109c, 39-200 Dębica, sklep@olimp-labs.com , Phone: 146803200

- I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following goods(*) the contract of supply of the following goods(*) the contract for specific work consisting in the performance of the following goods(*)/the provision of the following service(*)

- Date of conclusion of the contract(*)/collection(*)

- Full name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if the form is sent on paper)

- Date

(*) Delete as appropriate.

VIII. Complaints about the Goods

Applies to a Customer who is a Consumer:

We are obliged to deliver the Goods free from defects. The statutory liability for defects in the goods sold  (statutory warranty for defects) shall apply within the scope specified in Article 556 and Article 556[1]-556[3] et seq. of the Civil Code.

Complaints can be made:

- in writing to the following address: Olimp Laboratories Sp. z o.o., Nagawczyna 109c, 39-200, Dębica.

- by e-mail to: sklep@olimp-labs.com.

- or by using the contact form available on the Store’s website.

In the event of exercising statutory warranty rights, if we deem it necessary to consider 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 the goods or the way in which they are installed, the delivery of the goods is excessively difficult, you must make them available to us at the place where they are located. We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission.

We shall be liable under the statutory warranty if a physical defect is found within two years from the date of delivery of the goods to you. If the object of sale is a movable object, the liability under the statutory warranty shall be one year from the date of its delivery.

In the submitted complaint it is recommended to (1) provide information concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) specify the request concerning the manner of removing the defect (replacement of the goods with new ones, repair of the goods, price reduction, withdrawal from the contract - if the defect is material); and (3) provide contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Store. The recommendations referred to in the preceding sentence are in the form of non-binding instructions only and in no way affect the effectiveness of complaints made without the provision of the recommended information.

Applies to a Customer who is not also a Consumer:

In the case of a Sales Contract concluded with a Customer who is not also a Consumer, pursuant to Article 558 § 1 of the Civil Code, the Online Store’s liability under the statutory warranty for defects in the Goods shall be excluded. This exclusion shall be ineffective in the event of fraudulent concealment of a defect by us.

IX. Additional guarantees involved in the sale of Goods in the Store

Olimp Sport Nutrition is a manufacturer of the Goods available in the Store. Olimp Sport Nutrition, as a manufacturer, grants an additional warranty for the Goods of which it is the manufacturer on the terms and conditions and for the period specified in the warranty card attached to the Goods. The warranty granted by us shall not exclude, limit or suspend the rights of the Customer arising from the provisions of the statutory warranty for defects in the goods sold (section VIII of the Regulations).

X. Complaints concerning the provision of services by electronic means

1. Olimp Sport Nutrition takes steps to ensure the fully proper functioning of the Online Store, to the extent resulting from current technical knowledge, and undertakes to remove within a reasonable period of time any irregularities reported by the Customers.

2. The Customer may notify us of any irregularities or interruptions in the operation of the website of the Online Store. Any irregularities related to the functioning of the Store should be reported by e-mail to: sklep@olimp-labs.com

3. In the complaint concerning irregularities related to the functioning of the website of the Online Store, please indicate the type and date of occurrence of the irregularities.

4. We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission.

XI. Out-of-court complaint handling and redress

1. We would like to inform you that out-of-court complaint handling and redress procedures can be used. Thy can be used on a voluntary basis and only if both parties to the dispute agree to it.
- The Consumer may submit a request to the Trade Inspection for the initiation of an out-of-court settlement of consumer disputes concerning the concluded Sales Contract, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
- The Consumer may also request that a dispute concerning the concluded Sales Contract be settled by a permanent arbitration court acting with the relevant voivodeship inspectorate of the Trade Inspection, pursuant to Article 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 (the ODR platform). It is available at the following address: http://ec.europa.eu/consumers/odr/.

2. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of the voivodeship inspectorates of the Trade Inspection and at the Internet address: https://uokik.gov.pl/spory_konsumenckie.php.

3. We would like to inform you that we undertake to use out-of-court dispute resolution with Consumers within the meaning of the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes. The entity entitled to resolve out-of-court disputes between Olimp Sport Nutrition and the Consumer is: the District Court in Rzeszów available at the following address: http://rzeszow.sr.gov.pl. The Consumer may request that this body initiate an out-of-court settlement of consumer disputes procedure.

XII. Final provisions

1. The competent court for resolving disputes with Consumers shall be the court of local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.

2. Any disputes arising between Olimp Sport Nutrition and a Customer who is not a Consumer shall be settled by the court having jurisdiction over our registered office.

3. To matters not covered by these Regulations, the provisions of the applicable law, 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) shall apply. In case of any contradictions of these Regulations with the rights of the Customers and the provisions resulting from the universally binding regulations, the universally binding provisions of the Polish law shall apply.