Terms and Conditions

REGULATIONS FOR THE ONLINE STORE http://www.OstroVit.com

§ 1 DEFINITIONS

  1. TERMS AND CONDITIONS - these Regulations for the provision of services and mail-order sales specifying the terms of use of the Online Store, services provided via the Online Store related to the execution of orders offered by the Seller.

  2. SELLER (Service provider) - is Trading Fitness Robert Szulborski available at ul. Sitarska 16 18-300 Zambrów, operating on the basis of a sole proprietorship, subject to entry into the Central Register of Economic Activities entered under the tax identification number: 759-172-39-45, REGON: 142592430

  3. ONLINE STORE - the Seller's internet portal, run at http://www.OstroVit.com, through which the Seller provides electronic services related to mail order sales.

  4. SALES AGREEMENT - means a sales contract concluded remotely, on terms specified in the Regulations, between the Buyer and the Seller.

  5. PRODUCT – goods presented at Online Store together with the description, which may be the subject of a Sales Agreement.

  6. CUSTOMER (Client) - a physical person with full legal capacity, and in cases provided for by law generally applicable also a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, which the law grants legal capacity, purchasing in Online store.

  7. ACCOUNT - subpage of the Online Store protected with an individual password, where information about the Buyer and orders is collected.

  8. USER - Buyer who has registered an individual Account in the Online Store.

  9. ORDER – Customer’s declaration of will clearly specifying the type and quantity of Products, aimed directly at the conclusion of the Distance Selling Agreement via the Store, based on the information contained on the registration form.

  10. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).

§ 2 GENERAL RULES

  1. These Regulations define rules for online Store available via http://www.OstroVit.com – hereinafter referred to as Store.

  2. The condition for placing the Order by the Buyer is being familiar with these Regulations and accepting its resolve. Be placing the order Buyer accepts the content of the Regulations.

  3. The online store http://www.OstroVit.com conducts retail sales via the Internet

  1. All Products offered in the Store are brand new, originally packed, free from physical and legal defects, have been purchased from authorized entities in accordance with applicable law and are stored in the conditions specified by the relevant regulations. Products with damaged packaging that are overpriced for this are provided with an appropriate annotation in this regard.

  2. These Regulations, all rights and obligations arising from it, as well as those arising during the execution of the Order, are subject to Polish law.

  3. As part of the technical requirements necessary to cooperate with the ICT system used by the Seller in order to make purchases, the Buyer should have an active e-mail account (e-mail) and a device connected to the Internet.

  4. The customer is obliged not to provide content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties.

  5. The regulations may change. In the event of a change in the Regulations, the Seller shall place on the main page of the Online Store information on the amendment of the Regulations along with a summary of the changes introduced. Users who have an Account will be additionally notified of the change in the Regulations by sending information containing a list of amendments to the Regulations to the e-mail address assigned to the Account.

§ 3 SUBMISSION

  1. All prices listed in the Online Store http://www.OstroVit.com are gross prices. The prices do not include shipping costs.

  2. Orders are accepted via the Online Store website / by phone / email.

  3. The orders via the website can be placed 24 hours a day, 7 days a week, throughout the year.

  4. The order is effective if the Buyer correctly completes the order form and / or correctly provides contact details including the exact address to which the product is to be sent and the telephone number and e-mail address.

  5. If the given data is not complete, the Seller will contact the Customer. If contact with the Customer is not possible, the Seller has the right to cancel the Order. Which is tantamount to withdrawal from the Sales Agreement.

  6. The condition for the conclusion of the Sales Agreement is the acceptance by the Customer of the Regulations and the Privacy Policy, which is an integral part of the Regulations.

  7. The Customer may express the will to receive a receipt or VAT invoice which may be attached to the shipment or sent electronically to the indicated e-mail address in the form of an electronic image of billing documents, in particular such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. This consent authorizes the Seller also to issue and send VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of December 20, 2012. on sending invoices in electronic form, the principle of their storage and the mode of making them available to a tax or fiscal control authority.

  8. While placing the Order, the Customer must agree to place personal data in the personal database of the Seller's Online Store for processing - in connection with the execution of the Order. If consent is granted, the Buyer has the right to inspect their data, correct them and request their removal.

  9. The Customer may use the option of storing his data by the system in order to facilitate the process of placing another Order. For this purpose, the Customer should provide the username and password necessary to access his account. The Customer's login is the e-mail address provided by him. The password is a sequence of characters determined by the Customer. The Customer's password is unknown to the Seller. The buyer is obliged to keep it confidential and to protect it from unauthorized access to third parties.

  10. After placing an effective order, the Customer receive an automatic response from the store confirming the order.

  11. The start time depends on the method of payment for the Order. In the case of payment by bank transfer to the bank account indicated by the Seller, the completion of the Order takes place after the full amount is credited to the Seller's bank account. In the case of payment "on delivery (payment on delivery)" and in the case of express electronic payments (including payment by card), the commencement of the Order takes place within a maximum of three working days.

  12. The Seller refuses to execute the Order in the following cases:

  • The Buyer provided incomplete data, making it impossible to process the Order.

  • The goods have been withdrawn from the market or stopped in circulation on the territory of the Republic of Poland after placing the order.

  • The Seller cannot fulfill the Customer's Order (incidental incompatibility of inventory or incidental damage to the goods).

  1. In the cases mentioned in paragraph 11 The Seller undertakes to immediately (within 5 working days) counting from the day of placing the order, notify the Buyer via e-mail or telephone. In the case that the Customer has already paid for the Order, the Seller undertakes to return the full cost within 5 business days from the day of placing the order.

§ 4 DELIVERY, COSTS AND SHIPPING DATE

  1. The goods are sent to the address indicated in the Order form or given by phone or e-mail. The Store will inform the Customer immediately about incorrectly completed Order Form, which prevents shipment or delay.

  2. The goods are delivered by specialized courier companies or through Poczta Polska. There is a possibility of personal collection of Orders in the locations indicated in the purchase form.

  3. The parcel is delivered in accordance with the date specified for each item on the website. This is an approximate delivery time and applies to orders with the "COD" delivery option. When choosing the payment option "transfer" or "payment by card or online transfer" to the time specified on the website, the time of posting the money on the store's bank account should be added. (usually 1-2 working days). The Seller retains the maximum duration of the order up to five business days.

  4. The Customer is charged with delivery costs specified in the transport price list, the amount of fees depends on the type of transport and method of payment.

  5. If the Order cannot be correctly and timely delivered to the Customer (wrong address, refusal to accept), the Seller reserves the right to charge the Buyer with the costs of re-transport in accordance with the current delivery price list. Before collecting the parcel from the courier or post, check whether the package has not been damaged during transport. In particular, pay attention to the condition of the packaging, tapes affixed to the package. If the parcel is damaged, you must refuse to accept the parcel, and then contact the Seller via email or telephone to inform about the damaged parcel.

§ 5 PAYMENTS

  1. For each product sold, we issue a tax receipt or VAT invoice (after selecting this option in the order form).

  2. Payment for the ordered goods can be made at delivery (at delivery of the goods), via electronic payment systems or by transfer to the store's bank account. In the case of a personal collection, there is a possibility of payment upon receipt of the Order.

§ 6 COMPLAINTS

  1. The Seller is obliged not to sell the defective goods to the Customer, with the exception of the discounted defective goods, which the Customer ordered knowing about the defect. In the case of non-compliance of the goods with the contract or in the scope of irregularities in the provision of electronic services, the Buyer should report to the Seller a complaint via email (sales@ostrovit.com) or having an Account in the Online Store in the tab "YOUR ACCOUNT" and then complete the complaint form appearing after clicking the "Add a complaint" button.

  2. Until the complaint procedure is closed, it is essential to keep all advertised goods intact.

  3. In the case of finding a defect in the goods, the Customer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Buyer replace the defective product free of defects or remove the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to exchange the product for one free of defects or to remove the defect.

  4. The Customer can instead of removing the defect proposed by the Seller, request replacement of the product free from defects, or instead of replacing the goods, demand removal of the defect, unless bringing the goods to compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller.

  5. The Customer can not withdraw from the contract under the procedure described in this §6 if the defect is irrelevant.

  6. If the sold product has a defect, the Customer may also demand the replacement of the good for defect or removal of the defect. The seller is then obliged to replace the faulty goods with a product free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective goods into conformity with the contract in a manner chosen by the Customer or would require excessive costs in comparison with the second possible way to bring the contract into conformity.

  7. Advertised goods should be delivered to the Seller together with the completed "Complaint Report". We suggest labeling the parcel with the advertised goods with the information: "COMPLAINT OF PRODUCT". The advertised goods should be sent or delivered in person to: Fitness Trading ul. Sitarska 16 18-300 Zambrów. The seller does not accept parcels on (C.O.D) cash on delivery.

  8. The Seller will respond to the request (complaint) submitted by the Customer within 14 days from the date of receipt of the request. If the Seller refuses to respond within the indicated time, it is considered that the request was considered justified.

  9. Advertised goods, sent back by the Customer for repair (removal of defects), the Seller shall immediately send them to the appropriate service point.

  10. If the complaint is rejected by the Seller, the Customer may use the help of the municipal or district consumer ombudsman, voivodeship inspectorates of the Trade Inspection or one of the social organizations, whose statutory tasks include consumer protection, e.g. the Consumer Federation. Detailed information on out-of-court complaint and redress procedures is available at the headquarters or on the websites of consumer ombudsmen, voivodeship inspectorates of the Trade Inspection, relevant social organizations and addresses available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl/wazne_adresy.php.

  11. If the complaint is rejected by the Seller, the Customer may use extrajudicial proceedings to resolve the dispute. The entity competent to conduct such proceedings is the Provincial Inspector of Trade Inspection in Bialystok, whose website is available at: http://www.bialystok.wiih.gov.pl

  12. Customers can also take advantage of the EU online dispute resolution platform. The online dispute resolution platform between Clients and entrepreneurs at the EU level is available at http://ec.europa.eu/consumers/odr/.



§ 7 WITHDRAWAL FROM THE CONTRACT AND RETURN OF GOODS

  1. The Customer may, within 14 (fourteen) days from the day of receiving the order, withdraw from the contract without giving any reason, and without incurring the costs specified below.

  2. If the Buyer has chosen a method of delivery of the goods other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.

  3. The customer bears only the direct cost of returning the goods.

  4. In the case of timely withdrawal from the contract and timely delivery of the returned order to the Seller, the Seller shall reimburse the Customer the entire payment received from the Customer.

  5. The Customer may resign from all or part of the ordered goods by sending within 14 (fourteen) days from the date of receipt of the shipment containing the goods "Statement of withdrawal from the contract" to the e-mail address sales@ostrovit.com or in writing to Fitness Trading address: ul. Sitarska 16 18-300 Zambrów.

  6. Customers who have an Account in the Online Store can make a return by completing the form located in the tab YOUR ACCOUNT / RETURNS OF GOODS / ADD RETURN

  7. The return of goods should take place within 14 (fourteen) days from the date on which the Customer renounced the contract. To meet the deadline, it is enough to return the goods before its expiry.

  8. We suggest sending back returned goods if possible, in the original packaging, with original bands, without any traces of interference in their construction or use of them. The customer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.

  9. We suggest labeling the parcel with the returned goods with the information "RETURN OF GOODS". Shipments with returned goods should be sent or delivered in person to: Fitness Trading ul. Sitarska 16 18-300 Zambrów.

  10. The Seller returns to the Customer the payment made by the Customer using the same method of payment as used by the Customer. The reimbursement of the payment shall be made by the Seller immediately, however not later than within 14 (fourteen) days from the date of receipt of the consumer statement of withdrawal from the contract. The seller may withhold the return of the payment until receiving the shipment containing the returned goods or proof of its return.

  11. Please, secure the returned goods and not send them in envelopes or bubble envelopes. The seller does not accept parcels on C.O.D (Cash on delivery).

  12. The right to withdraw from the contract is not vested in the Customer with respect to contracts in which:

  • the subject of the contract is the goods have a short expiry date, of which the Seller informed the customer when placing the order;

  • the subject of the contract are goods which, after delivery in a sealed package, have been opened and which after opening the packaging cannot be returned due to health protection or hygiene reasons;

  • the subject of the contract are medicinal products, foodstuffs for particular nutritional purposes and medical devices, in accordance with §6 par. 1 above.

§ 8 PERSONAL DATA PROTECTION

  1. The Seller guarantees strict protection of personal data provided by the Customer and processing them solely for the purpose of the contract or for purposes for which the Customer has consented, subject to the requirement of personal data security specified in the provisions of the Act of August 29, 1997 on Personal Data Protection Journal of Laws of 2016, item 922, as amended).

  2. The administrator of personal data of the Online Store operating at http://www.OstroVit.com is Fitness Trading Robert Szulborski ul. Sitarska 16 18-300 Zambrów. Personal data are archived in the office of the company located at: Fitness Trading ul. Sitarska 16 18-300 Zambrów.

  3. The Seller shall process personal data for the purpose of performing the contract pursuant to art. 6 par. 1 lit. b GDPR and that you obtain this data from customers. The Customer provides the Seller with personal data voluntarily, however, being aware that they are necessary to conclude a Sales Agreement.

  4. Personal data is stored in a safe way for the Customer for an indefinite period of time, in order to conduct the Online Store rebate policy and for fiscal purposes in the statutory period.

  5. The Customer has the right to rectification, removal or limitation of processing, as well as the right to object to the processing and the right to transfer his personal data.

  6. The buyer has the right to lodge a complaint to the supervisory body, which is the DPO (Data Protection Officer).

  7. The Seller undertakes to observe the confidentiality of the Customer's data and not to disclose such data to unauthorized persons. The Seller also undertakes to duly secure this information against access of all unauthorized persons.

  8. The Seller may not use the Customer's personal data for purposes other than those specified in the Regulations.

  9. The Seller is a participant in the "Trusted Reviews" program as part of the service provided by Ceneo Sp. z o.o. with registered office in Poznań (60-166), ul. Grunwaldzka 182, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under KRS number: 0000493884, tax identification number: 7792420393, and participant of the "Credible Reviews" program provided by Opineo Sp. z o.o. with headquarters in Wrocław (53-333), ul. Powstańców Śląskich 2-4, entered into the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number: 0000357466, NIP: 8971762604, consisting in transmission by Ceneo Sp. z o.o. and Opineo Sp. z o.o. - after obtaining the consent of the Customer referred to in paragraph 3 below - to Customers via e-mails to receive feedback from the Customer about the transaction made in the Online Store and the product purchased, as well as posting on the website available in the domain Ceneo.pl and Opineo.pl opinions expressed by Customers as a result of receiving surveys.

  10. The Customer making the purchase in the Online Store may voluntarily agree to the transfer of his personal data, including e-mail address to Ceneo Sp. z o.o. and Opineo Sp. z o.o. and for processing by Ceneo Sp. z o.o. and Opineo Sp. z o.o. his personal data - only to complete the questionnaire referred to in paragraph 9.

  11. In order to ensure the safety of Customers, the Seller takes technical and organizational measures appropriate to the degree of security risk of the services provided.

  12. In matters not covered by these regulations, the provisions of the Civil Code and relevant laws of the Polish law, as well as European Union law, in particular the GDPR, shall appl.

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