TERMS AND CONDITIONS OF THE ONLINE STORE
These Terms and Conditions define the conditions and methods of sale conducted by MEZEN spółka z ograniczoną odpowiedzialnością, based in Warsaw, via the online store www.bodyplacestore.pl (hereinafter: "Online Store"), as well as the terms and conditions for the provision of free services electronically by MEZEN spółka z ograniczoną odpowiedzialnością based in Warsaw.
§ 7 Delivery
The Seller delivers within the territory of Poland and the European Union. The Seller is obliged to deliver the Goods subject to the Sales Agreement without defects. The Seller provides information on the Website regarding the number of business days required for delivery and order fulfillment. The delivery and order fulfillment time indicated on the Website is calculated in business days. The ordered Goods are delivered to the Customer through the Supplier to the address specified in the order form. On the day the Goods are shipped to the Customer, an email confirming the dispatch is sent to the Customer's email address. The Customer is required to inspect the delivered shipment in a manner typical for shipments of this type. The Seller, in accordance with the Customer's choice, sends an individual receipt or VAT invoice in electronic form to the email address provided. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer via email or phone to arrange a new delivery date and cost.
§ 8 Complaints and Warranty
The Seller delivers Goods free of physical and legal defects. The Seller is responsible to the Customer if the Goods have a physical or legal defect. If the Goods have a defect, the Customer may: Submit a statement requesting a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with ones free from defects or removes the defect. Request the replacement of the defective Goods with defect-free ones or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller bears the costs of repair or replacement. A Customer who exercises warranty rights must deliver the defective goods to the Seller's address. The cost of delivery is covered by the Seller. The Seller is liable under the warranty if a physical defect is discovered within one year from the delivery of the Goods. The Seller will respond to the Customer's complaint within 14 days of receiving the complaint. A complaint can be submitted electronically by sending it to info@bodyplacestore.pl. The Customer should include a description of the problem in the complaint. The Seller will review the complaint and respond to the Customer within 14 days. If the Seller does not respond within this period, the complaint is considered accepted in full. Quantity complaints must be reported within two days from the date the shipment is received.
§ 9 Withdrawal from
the Agreement A Customer who is a Consumer may withdraw from the Sales Agreement within 14 days without providing a reason. Return address: Body Place, ul. Krucza 51 lok. 131, 00-022 Warsaw. The 14-day withdrawal period begins upon the delivery of the Goods. A Consumer may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller, which can be sent via email. In case of withdrawal from the Sales Agreement, it is considered null and void. If the Consumer submits a withdrawal statement before the Seller accepts their offer, the offer becomes void. The Seller is obliged to return all payments made by the Consumer, including the cost of delivery, within 14 days of receiving the withdrawal statement. The Seller may withhold the refund until the Goods are returned. If the Consumer chooses a delivery method other than the least expensive standard delivery offered by the Seller, the Seller is not required to refund the additional costs. The Consumer must return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal. The deadline is met if the Goods are sent back before the end of this period. In the case of withdrawal, the Consumer bears the return shipping costs in accordance with Article 34 § 2. The Consumer is responsible for any reduction in the value of the Goods resulting from their use beyond what is necessary to determine the nature, characteristics, and functioning of the Goods. The Seller will refund the payment using the same method of payment used by the Consumer unless the Consumer explicitly agrees to a different refund method that incurs no additional costs. The right to withdraw from the Sales Agreement does not apply to the Consumer in cases where the Goods are delivered in sealed packaging and cannot be returned for hygiene reasons if the packaging has been opened after delivery.
§ 10 Additional Services
The Seller provides free electronic services to Customers: Account management. The services listed above are available 24/7. The Seller reserves the right to choose and change the type, form, time, and method of granting access to the selected services, notifying Customers in a manner appropriate for changing the Terms and Conditions. A Customer who has registered may request the removal of their account from the Seller, and if such a request is made, the account may be deleted within 14 days from the date of the request. Both the Customer and the Seller may terminate the electronic services agreement at any time without providing reasons, subject to the preservation of the rights acquired by the other party prior to termination and the provisions below. A Customer who has registered may terminate the electronic services agreement by sending the Seller an appropriate statement of intent via any means of remote communication that allows the Seller to review the Customer's statement of intent.
§ 11 Personal Data Protection
The administrator of the personal data of Customers collected via the Online Store is the Seller. The personal data of Customers collected by the administrator via the Online Store is collected for the purpose of executing the Sales Agreement, and if the Customer consents, also for marketing purposes. Recipients of the personal data of Online Store Customers may include: In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary delivering the shipments on behalf of the Administrator. In the case of a Customer who uses electronic or card payment methods in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling these payments in the Online Store. The Customer has the right to access their data and correct it. Providing personal data is voluntary, but failure to provide the data specified in the Terms and Conditions necessary to conclude a Sales Agreement will result in the inability to conclude this agreement. More information on personal data protection can be found in the Privacy Policy section.
§ 12 Additional Provisions
The Seller reserves the right to extend the order fulfillment time to a maximum of 30 days if the order exceeds the stock levels maintained for the given product. The Seller is obliged to inform the Customer within two business days and provide the estimated delivery time. If the order can only be partially fulfilled, the parties will agree on the method of fulfillment, e.g., by sending two or more shipments on individually agreed dates, or the Customer will have the option to partially withdraw from the agreement. For Goods delivered to an address outside of Poland, the Seller will, within two business days, present the cost of international shipping and provide the Customer with an account number for payment.
§ 13 Final Provisions
The Seller is liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller is only liable in the event of intentional damage and within the limits of the actual losses incurred by the Entrepreneur. The content of these Terms and Conditions can be recorded by printing, saving to a medium, or downloading at any time from the Website. In the event of a dispute arising from the Sales Agreement, the parties will strive to resolve the matter amicably. The law governing all disputes arising from these Terms and Conditions is Polish law. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint handling and claims procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court, such as consumer rights advocates or Voivodeship Trade Inspection Inspectorates. The Seller also informs that at https://ec.europa.eu/consumers/odr/, there is an online platform for resolving disputes between Consumers and Entrepreneurs at the EU level (ODR platform), which provides a comprehensive service point for out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts or electronic service agreements. The Terms and Conditions come into effect on October 1, 2024.