Terms and Conditions
Terms and Conditions of the avoicevitality.com Online Store
Table of Contents
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS FOR CONCLUDING A SALES AGREEMENT
- METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
- COST, METHODS, AND DEADLINE FOR PRODUCT DELIVERY
- COMPLAINT PROCEDURE
- OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- PROVISIONS CONCERNING ENTREPRENEURS
- PRODUCT REVIEWS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
These Online Store Terms and Conditions have been prepared by lawyers from Prokonsumencki.pl. The Online Store www.avoicevitality.com cares about consumer rights. A consumer cannot waive the rights granted to them by the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under absolutely binding legal provisions, and any potential doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, the latter provisions shall prevail and be applied.
1. GENERAL PROVISIONS
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The Online Store available at the internet address www.avoicevitality.com is operated by Artur Pietrzak, conducting business activity under the name AVOICE ARTUR PIETRZAK, entered into the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister competent for economic matters, having: business address and delivery address: ul. Złotoryjska 66/32, 59-220 Legnica, NIP 6911749409, REGON 021244668, email address: info@avoicevitality.com, phone number: (+48) 665 380 908.
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These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions states otherwise.
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The Administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, period, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).
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Definitions:
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BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
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REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
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ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
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CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
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CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 2023, item 1610, as amended).
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ACCOUNT – an Electronic Service, a collection of resources in the Service Provider's ICT system, identified by an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
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NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients using it to automatically receive periodic content of subsequent newsletter editions from the Service Provider containing information about Products, news, and promotions in the Online Store.
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PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
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TERMS AND CONDITIONS – these Online Store Terms and Conditions.
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ONLINE STORE – the Service Provider's online store available at the internet address: www.avoicevitality.com.
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SELLER, SERVICE PROVIDER – Artur Pietrzak, conducting business activity under the name AVOICE ARTUR PIETRZAK, entered into the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister competent for economic matters, having: business address and delivery address: ul. Złotoryjska 66/32, 59-220 Legnica, NIP 6911749409, REGON 021244668, email address: info@avoicevitality.com, phone number: (+48) 665 380 908.
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SALES AGREEMENT – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller via the Online Store.
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ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
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SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
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CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, as amended).
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ORDER – the Customer's declaration of intent submitted using the Order Form and directly aiming to conclude a Product Sales Agreement with the Seller.
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2. ELECTRONIC SERVICES IN THE ONLINE STORE
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The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
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Account – using the Account is possible after the Service Recipient completes two consecutive steps: (1) filling out the Registration Form and (2) clicking the "Register" button. The Registration Form requires the Service Recipient to provide their email address, to which an automatic message containing a generated password for the Account will then be sent. The Service Recipient can change the password at any time after logging in to the Account.
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The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, in particular via email to: info@avoicevitality.com or in writing to: ul. Złotoryjska 66/32, 59-220 Legnica.
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Order Form – using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps: (1) filling out the Order Form and (2) clicking the "Buy and Pay" button on the Online Store website after filling out the Order Form – until this moment, it is possible to independently modify the entered data (to do this, follow the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following data concerning the Customer: first and last name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of Product delivery, payment method. In the case of Customers who are not consumers, the company name and NIP number must also be provided.
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The Order Form Electronic Service is provided free of charge and is a one-time service that ends upon placement of an Order through it or upon earlier cessation of placing an Order through it by the Service Recipient.
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Newsletter – using the Newsletter is possible after providing the Service Recipient's first name, last name, and email address, to which subsequent Newsletter editions are to be sent, in the "Newsletter" tab visible on the Online Store website, and then clicking the "Subscribe" button – at which point the Service Recipient is added to the Newsletter.
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The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (cancel the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: info@avoicevitality.com or in writing to: ul. Złotoryjska 66/32, 59-220 Legnica.
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Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
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The Service Recipient is obliged to use the Online Store in a manner consistent with law and good morals, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
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The complaint procedure regarding Electronic Services is indicated in point 6 of the Terms and Conditions.
3. TERMS AND CONDITIONS FOR CONCLUDING A SALES AGREEMENT
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The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
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The Online Store sells, among other things, dietary supplements which, under the Food and Nutrition Safety Act (Journal of Laws 2006 No. 171, item 1225, as amended), are not medicinal products, but food products in the form of: capsules, dragees, tablets, powder sachets, liquid ampoules or dropper bottles, and in other similar forms. Their sole purpose is to supplement the Customer's diet with vitamins, minerals or other substances demonstrating nutritional or other physiological effects. Dietary supplements sold in the Online Store cannot and do not replace medicinal products prescribed to the Customer by a doctor.
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The price of the Product or the remuneration for the Product shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price or remuneration including taxes, and if the nature of the Product does not allow, reasonably assessing, an earlier calculation of their amount - the method in which they will be calculated, as well as about the delivery costs (including transport, delivery or postal services fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, on the Online Store pages, including during the placement of the Order and at the moment the Customer expresses their will to be bound by the Sales Agreement.
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Procedure for concluding a Sales Agreement in the Online Store using the Order Form
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The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
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After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer a relevant email message to the email address provided during the Order placement, which contains at least the Seller's statements about receiving the Order and accepting it for execution, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the aforementioned email message.
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Recording, securing, and making available to the Customer the content of the concluded Sales Agreement occurs by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email message referred to in point 3.4.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
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The Seller provides the Customer with the following payment methods under the Sales Agreement:
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Payment by bank transfer to the Seller's bank account.
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Electronic payments, installment payments, or credit card payments via the service tpay.com – available current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website tpay.com.
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Electronic payment transactions, installment payment transactions, and credit card payments are processed according to the Customer's choice via the service tpay.com. Electronic payment, installment payment, and credit card payment services are provided by:
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tpay.com - Krajowy Integrator Płatności S.A. with its registered office in Poznań (registered office address: plac Andersa 3, 17th floor, 61-894 Poznań), entered into the register of entrepreneurs of the National Court Register under KRS number 0000412357, NIP 7773061579, REGON 30087843700000, share capital PLN 5,494,980
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Payment deadline:
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If the Customer chooses payment by bank transfer, electronic payments, or credit card payment, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
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If the Customer chooses payment in installments, the Customer is obliged to make payments to the chosen lender according to the agreed repayment schedule.
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5. COST, METHODS, AND DEADLINE FOR PRODUCT DELIVERY
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Product delivery to the Customer is paid, unless the Sales Agreement states otherwise. The costs of Product delivery (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store pages in the information tab regarding delivery and during the Order placement, including at the moment the Customer expresses their will to be bound by the Sales Agreement.
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The Seller provides the Customer with the following methods of Product delivery:
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Courier shipment, cash on delivery courier shipment.
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Shipment with pickup at a parcel locker.
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The Product delivery time to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of a given Product or during the Order placement. For Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 7 Business Days. The commencement of the Product delivery period to the Customer is calculated as follows:
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If the Customer chooses payment by bank transfer, electronic payments, or credit card – from the date of crediting the Seller's bank account or settlement account.
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In the event that the Customer chooses an installment payment method, the period begins on the day the Seller is notified by the creditor of the conclusion of the loan agreement, but no later than the day the Seller's bank account is credited with the funds from the loan granted to the Customer.
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6. COMPLAINT PROCEDURE
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This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller's or the Online Store's operation.
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A complaint may be submitted, for example:
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in writing to the address: ul. Złotoryjska 66/32, 59-220 Legnica;
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in electronic form via email to the address: info@avoicevitality.com.
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The Product may be sent or returned as part of a complaint to the address: ul. 1 Maja 71, 55-080 Kąty Wrocławskie.
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It is recommended that the complaint description includes: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; (2) a request for the method of bringing the product into conformity with the contract or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint handling. The requirements given in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
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If the complainant changes their contact details during the complaint processing, they are obliged to notify the Seller thereof.
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Evidence (e.g., photos, documents or the Product) related to the subject of the complaint may be attached by the complainant. The Seller may also ask the complainant for additional information or to send evidence (e.g., photos), if this would facilitate and speed up the Seller's handling of the complaint.
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The Seller shall respond to the complaint without delay, no later than within 14 calendar days from the date of its receipt.
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The basis and scope of the Seller's statutory liability are defined by generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act, and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344 as amended). Below is additional information regarding the Seller's legally provided liability for the conformity of the Product with the Sales Agreement:
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In the case of a complaint about a Product purchased by a Customer under a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code, apply. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty for defects). In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer is excluded.
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In the case of a complaint about a Product purchased by a Customer under a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act, apply. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.
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In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be used if the given Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including the details of the entity responsible for fulfilling the warranty and the entity entitled to use it, are available in the warranty description, e.g., in the warranty card or in another place concerning the granting of the warranty. The Seller states that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to legal protection measures from and at the expense of the Seller, and that the warranty does not affect these legal protection measures.
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The provisions contained in point 6.8.2 of the Regulations concerning a consumer also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT AND RULES OF ACCESS TO THESE PROCEDURES
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Methods of out-of-court dispute resolution include (1) facilitating the rapprochement of parties' positions, e.g., through mediation; (2) proposing a dispute resolution, e.g., through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g., within arbitration (arbitration court). Detailed information on the possibilities for the Customer who is a consumer to use out-of-court methods of complaint resolution and claim pursuit, rules of access to these procedures, and a user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
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A contact point operates at the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information on out-of-court consumer dispute resolution. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to the address: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office's headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
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The consumer has the following exemplary options for using out-of-court methods of complaint resolution and claim pursuit: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by email at porady@dlakonsumentow.pl and by calling the consumer helpline 801 440 220 (helpline open on business days, from 8:00 to 18:00, call charges according to the operator's tariff).
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At http://ec.europa.eu/odr, an online dispute resolution platform is available for consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a single point of contact for consumers and businesses seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or service contracts (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
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A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, with the exception of costs specified in point 8.9 of the Regulations. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
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in writing to the address: ul. Złotoryjska 66/32, 59-220 Legnica;
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in electronic form via email to the address: info@avoicevitality.com.
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The return of the Product as part of withdrawal from the contract may be made to the address: ul. 1 Maja 71, 55-080 Kąty Wrocławskie.
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An exemplary form of withdrawal from the contract is included in Annex 2 to the Consumer Rights Act and is also available in point 12 of the Regulations. The consumer may use the form, but it is not obligatory.
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The period for withdrawal from the contract begins:
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for a contract under which the Seller delivers a Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of a contract that:
(1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or
(2) involves the regular delivery of Products for a specified period – from taking possession of the first Product; -
for other contracts – from the date of conclusion of the contract.
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In the event of withdrawal from a distance contract, the contract is considered null and void.
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The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by them, including the costs of delivering the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The Seller makes the refund using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
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The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, immediately, no later than within 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry.
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The consumer is liable for any diminished value of the Product resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product.
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Possible costs associated with the consumer's withdrawal from the contract that the consumer is obliged to bear:
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If the consumer chose a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.
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The consumer bears the direct costs of returning the Product. The cost for Inpost Paczkomat and Inpost Kurier is PLN 18.
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In the case of a Product – service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment is calculated proportionally to the extent of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the market value of the service performed is the basis for calculating this amount.
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The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
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(1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer's express and prior consent, who was informed before the start of the service that after the Seller's performance, they will lose the right of withdrawal from the contract, and acknowledged this;
(2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period;
(3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individualized needs;
(4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf-life;
(5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
(6) in which the subject of the service are Products which, after delivery, due to their nature, become inseparably connected with other goods;
(7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
(8) in which the consumer expressly requested that the Seller come to them to perform urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products;
(9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
(10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
(11) concluded by public auction;
(12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
(13) for the delivery of digital content not delivered on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began the service with the consumer's express and prior consent, who was informed before the start of the service that after the Seller's performance, they will lose the right of withdrawal from the contract, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in art. 15 ust. 1 and 2 or art. 21 ust. 1 of the Consumer Rights Act;
(14) for the provision of services for which the consumer is obliged to pay a price, in which the consumer expressly requested the Seller to come to them to perform a repair, and the service has already been fully performed with the consumer's express and prior consent.
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The provisions concerning the consumer contained in this point 8 of the Regulations apply to contracts concluded from January 1, 2021, also to the Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
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This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer. Furthermore, from January 1, 2021, and for contracts concluded from that date, this point of the Regulations and all provisions contained therein are not addressed to and thus do not bind the Customer or Service Recipient who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, unless the application of the provisions contained in this point of the Regulations to such persons is not prohibited.
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The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not create any claims on the part of the Customer against the Seller.
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The Seller's liability under the warranty for the Product or for the non-conformity of the Product with the Sales Agreement is excluded.
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The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.
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The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
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The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant declaration to the Service Recipient.
The Service Provider's/Seller's liability towards the Service Recipient/Client, regardless of its legal basis, is limited – both in the case of a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but not more than one thousand Polish zlotys. The financial limitation referred to in the preceding sentence applies to all claims directed by the Service Recipient/Client against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims unrelated to a Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Client only for typical damages foreseeable at the time of concluding the agreement and is not liable for lost profits. The Seller is also not liable for delays in the shipment of parcels.
Any disputes arising between the Seller/Service Provider and the Client/Service Recipient shall be submitted to the court having jurisdiction over the Seller's/Service Provider's registered office.
9. PRODUCT REVIEWS
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The Seller enables its Clients to post and access reviews of Products and the Online Store according to the rules specified in this section of the Regulations.
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Posting a review by the Client is possible after using the form that allows adding a review about a Product or the Online Store. This form can be made available directly on the Online Store's website (including through an external widget) or can be provided via an individual link received by the Client after purchase at the email address provided by them. When adding a review, the Service Recipient can also add a graphical rating or a photo of the Product – if such an option is available in the review form.
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A Product review can only be posted for Products actually purchased in the Seller's Online Store and by a Client who has purchased the reviewed Product. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of posting a Product review. A review of the Online Store can be posted by a person who is a Client of the Online Store.
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Clients' addition of reviews may not be used for unlawful activities, in particular for actions constituting an act of unfair competition, or actions infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. When adding a review, the Client is obliged to act in accordance with the law, these Regulations, and good practices. A Client's review may not contain formulations generally considered offensive, abusive, or vulgar, including racist or xenophobic content. The Seller reserves the right to remove content that violates the above rules.
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Reviews may be published directly on the Online Store's website (e.g., next to a given Product) or on an external review collection service with which the Seller cooperates and to which it refers on the Online Store's website (including through an external widget placed on the Online Store's website).
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The Seller ensures that published Product reviews come from its Clients who have purchased the given Product. To this end, the Seller takes the following actions to verify that reviews come from its Clients:
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Publication of a review posted using the form available directly on the Online Store's website requires prior verification by the Service Provider. Verification consists of checking the review's compliance with the Regulations, in particular checking whether the reviewer is a Client of the Online Store – in this case, the Seller checks whether the person made a purchase in the Online Store, and in the case of a Product review, additionally checks whether they purchased the reviewed Product. Verification takes place without undue delay.
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The Seller sends its Clients (including through an external review collection service with which it cooperates) an individual link to the email address provided by them at the time of purchase – in this way, only the Client who purchased the Product in the Online Store receives access to the review form.
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In case of doubts of the Seller or objections directed to the Seller by other Clients or third parties as to whether a given review comes from a Client or whether a given Client bought a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Client of the Online Store or have purchased the reviewed Product.
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Any comments, appeals against review verification, or objections as to whether a given review comes from a Client or whether a given Client bought a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
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The Seller does not post or commission others to post false reviews or customer recommendations and does not distort customer reviews or recommendations to promote its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.
11. FINAL PROVISIONS
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Agreements concluded through the Online Store are concluded in Polish.
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Changes to the Regulations:
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The Service Provider reserves the right to make changes to these Regulations for important reasons, namely: changes in legal provisions; changes in payment or delivery methods or terms, being subject to a legal or regulatory obligation; changes in the scope or form of Electronic Services provided; adding new Electronic Services; the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients from fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
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Notification of proposed changes is sent at least 15 days in advance of the effective date of these changes, with the reservation that a change may be introduced without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires it to change the Regulations in a way that prevents it from meeting the 15-day notice period; or (2) must exceptionally change its Regulations to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients from fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases referred to in the preceding sentence, changes take effect immediately, unless a longer period for introducing changes is possible or necessary, which the Service Provider will always notify.
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In the case of continuous contracts (e.g., provision of Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiration of the notice period for proposed changes. Such termination becomes effective within 15 days from the date of receiving the notification. In the case of concluding a continuous contract, the amended Regulations are binding on the Service Recipient if they have been duly notified of the changes, in accordance with the notice period before their introduction, and have not terminated the contract during this period. Additionally, at any time after receiving notification of changes, the Service Recipient may accept the introduced changes and thus waive the further duration of the notice period. In the case of concluding a contract of a different nature than continuous contracts, changes to the Regulations will in no way infringe the acquired rights of the Service Recipient before the effective date of the changes to the Regulations; in particular, changes to the Regulations will not affect Orders already placed or being placed, and Sales Agreements concluded, performed, or executed.
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Should the change in the Regulations result in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
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In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws of 2020, item 344, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
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These Regulations do not exclude provisions applicable in the country of habitual residence of the consumer concluding an agreement with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under provisions that cannot be excluded by agreement.
12. TEMPLATE FOR WITHDRAWAL FROM THE AGREEMENT
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Agreement withdrawal form template
(this form should be completed and sent only if you wish to withdraw from the agreement)
– Addressee:
AVOICE ARTUR PIETRZAK
ul. Złotoryjska 66/32, 59-220 Legnica
avoicevitality.com
info@avoicevitality.com
– I/We(*) hereby inform/inform(*) about my/our withdrawal from the sales agreement of the following goods(*) the agreement for the delivery of the following goods(*) the agreement for work consisting of the performance of the following goods(*)/for the provision of the following service(*)
– Date of agreement conclusion(*)/receipt(*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if the form is sent in paper version)
– Date
(*) Delete as appropriate.