Terms and conditions of the 50kg.pl online shop

:title=”$l({ en: ‘Terms and Condition for the online shop’, en: ‘Terms and Conditions for the online shop’ })”

§1 Definitions

Contact form – a form available on the 50kg.pl website which makes it possible to send a message to the Service Provider.

Order form – a form available on the 50kg.pl website which makes it possible to place an Order.

Customer – a person who uses the functionality of the Online Shop intends to conclude or has concluded a Sales Contract with the Service Provider.

Consumer – a natural person who makes a legal transaction with the Service Provider which is not directly connected with his/her economic or professional activity.

Product – a physical product, goods with digital elements, digital content or digital service available on the Online Shop, which is the subject of a Sales Agreement between the Client and the Service Provider.Terms and Conditions – these terms and conditions of the Online Store.

Entrepreneur on consumer’s rights – a natural person concluding an agreement with the Company for the provision of services as part of the Website directly related to his/her business activity, when the content of this agreement indicates that it is not of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

Online shop – the Service Provider’s online shop operating at 50kg.pl.Service Provider – 50kg Sp. z o. o. Ul. Twarda 18 00-105 Warszawa NIP 5252937654 REGON 524068280000 KRS 0001011474,

Sales Agreement – Agreement for the sale of a Product concluded between the Customer and the Service Provider via the Online Shop.Electronic Service – a service provided electronically by the Service Provider to the Customer via the Online Shop.

Customer – a natural person, a legal person or an organisational unit without legal personality, to which the Act grants legal capacity, using an Electronic Service.

Order – Customer’s declaration of intent constituting an offer to conclude a Sales Agreement for a Product with the Service Provider.

§2 General Provisions

These Terms and Conditions specify the terms and conditions of concluding Sales Agreements of Products and the procedure for complaints and conditions of withdrawing from Sales Agreements, as well as types and scope of services provided electronically by the Internet Shop operating at 50kg.pl, the principles of providing these services, terms of concluding and terminating contracts for the provision of services electronically.
Each Customer, as soon as he or she starts using the services of the 50kg.pl Internet Shop, is obliged to observe the provisions of these Regulations.In matters not covered by these Regulations, provisions of generally applicable law shall apply, in particular:the Act on rendering electronic services of 18 July 2002,
Act on consumer rights of 30 May 2014, Act on out-of-court settlement of consumer disputes of 23 September 2016,the Act on counteracting unfair market practices of 23 August 2007, the Civil Code Act of 23 April 1964.

§3 Conclusion of the contract of saleThe online shop 50kg.pl sells Products via the Internet.
The Products are free from physical and legal defects. Information concerning functionality or meaningful compatibility and interoperability of the Products being goods with digital elements, digital content or digital services is included in the offer of a given Product in the Internet Shop.
The information on the website of the Online Shop does not constitute an offer within the meaning of the applicable law.By placing an order, the Customer submits to the Service Provider an offer to purchase a specific Product under the terms and conditions specified in the description of the Product in the Online Shop.The Product prices shown in the Online Shop include all price components, including VAT, excluding delivery costs.
The price of the Product shown on the website of the Online Shop is binding at the moment of placing the Order by the Customer. Any changes in the prices of the Product in the Online Shop, including promotions and discounts, which occur after the date of placing the Order shall not affect the price set in the Order placed by the Customer.Orders can be placed online by filling in the Order Form.
It is a condition for the Customer to place an Order in the Online Shop that he/she has read the Terms and Conditions and accepts their provisions at the time of placing the Order.
In the event that the Service Provider is forced, prior to the commencement of performance of the Sales Contract, for reasons beyond its control, to change the material terms and conditions of the Sales Contract with the Client, it shall immediately notify the Client thereof.In the situation referred to in paragraph 8 above, Client is entitled to:

accept the change of the Sales Agreement proposed by the Service Provider orwithdraw from the Sales Agreement with immediate return of all services provided by the Client and without the obligation to pay any contractual penalty.The Client is obliged to immediately inform the Service Provider of its decision.The fulfilment of the Order shall be suspended until the Customer has been informed.In the event of withdrawal from the Sales Contract pursuant to paragraph 9 above or if the Service Provider cancels the execution of the Sales Contract for reasons beyond the Client’s control, the Client shall be entitled to an immediate refund of the entire amount paid to the Service Provider.§4 Conclusion of Contract

The Sales Contract is concluded at the moment when the Customer places an Order via easycart (clicking the “Order and pay” button or any other button of similar meaning), unless otherwise indicated in the description of the Product in the Online Shop.If, at the express request of the Customer, the performance of the service is to commence before the expiry of the period for withdrawal from the Sales Contract, the Service Provider shall require the Customer to submit a statement

containing such an express request
that he has acknowledged that he has lost his right of withdrawal from the Sales Agreement upon its full performance by the Service ProviderOnce the Order has been placed, the Service Provider shall immediately confirm its receipt and acceptance of the offer by sending an email to the address indicated by the Customer in the Order Form.The confirmation of receipt of the Order shall include:

confirmation of all essential elements of the Order,the content of these Terms and Conditions in pdf format,
information on the right to withdraw from the contract or information on the consent granted by the Customer to the supply of digital content in circumstances resulting in the loss of the right to withdraw from the Sales Contract.
Each Sales Contract shall be confirmed by an appropriate proof of purchase, which shall be attached to the Product and/or sent by email to the Customer’s email address provided in the Order Form.The Service Provider shall deliver the Product to the Customer as soon as the Sales Contract is concluded and the payment of the price of the Product by the Customer has been credited or confirmed.§5 Payment Methods

The Service Provider has entrusted the handling of the Product order process, including the handling of payment for the Products and the fulfilment of the obligations referred to in §3 and §4 above to the entity operating the easycart website available at www.easycart.pl.The easycart operator acts in this respect in the name and on behalf of the Service Provider.The Service Provider makes it possible to pay for the Order via the payment methods available on easycart.
Once the Order has been completed in the Online Shop, in order to complete the Order, including payment, the Customer will be redirected to the relevant easycart subpage by clicking on the appropriate button.
In order to use all easycart functions, including the purchase of Products from the Service Provider via easycart, the User must register with easycart, i.e. create an Account and follow the easycart terms and conditions available at https://www.easycart.pl/regulamin-dla-kupujacych.
In the case of payment via an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system enables payment by credit card or quick transfer from selected Polish and foreign banks.The Customer is obliged to pay the price of the Sales Contract within 3 working days of its conclusion, unless the Sales Contract states otherwise.
The service will be provided only after it has been paid for.

§6 Product ComplaintThe basis and scope of the Service Provider’s liability towards the Customer is set out in Article 43a and following of the Consumer Rights Act.Complaints regarding the Product should be sent by the Client to the Service Provider by e-mail to: biznes@50kg.pl or in writing to the Service Provider’s address indicated in § 1.9 of the Terms and Conditions.In the complaint notification, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of the irregularity and contact details.The Service Provider shall respond to the Client’s request immediately, but no later than within 14 days of the complaint.In the case of a complaint from a Client who is a Consumer or an entity referred to in § 7.9 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.The response to the complaint is provided in accordance with the communication channel indicated by the Customer in the complaint notification.

§7 Right of withdrawal

Subject to paragraph 7 below, the Customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of conclusion of the Sales Agreement in accordance with Article 27 et seq. of the Consumer Rights Act.In order to exercise the right to withdraw from the Sales Contract, the Client must inform the Service Provider of his/her decision.In order to withdraw from the Sales Contract, the Client may use the model withdrawal form attached to the Terms and Conditions.
In order to comply with the withdrawal period, it is sufficient for the Client to send the information concerning the withdrawal from the Sales Contract to the address biznes@50kg.pl or to the Service Provider’s address indicated in § 1.9 of the Terms and Conditions before the expiry of the withdrawal period.
The Service Provider shall return to the Client all payments received from the Client without delay, but no later than 14 days from the day on which the Service Provider was informed about the withdrawal from the Sales Contract, unless the Client exercises the right to withdraw from the Sales Contract after the request referred to in § 4.1. above – in which case the Client is obliged to pay for the services performed until the withdrawal from the Sales Contract.The Service Provider shall refund the payment using the same means of payment as those used by the Customer to pay for the Order, unless the Customer has agreed otherwise.
The Customer’s right of withdrawal from a distance contract does not apply to contracts:

for the provision of services for which the Customer is obliged to pay the price, if the Service Provider has performed the service in full with the express consent of the Customer, who has been informed before the start of the service that after the Service Provider’s performance he will lose the right to withdraw from the contract and has acknowledged this;in which the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the end of the period for withdrawal;in which the object of the performance is a non-refabricated item produced according to the Customer’s specifications or serving to meet his/her individual needs;where the object of the performance is a perishable item or an item with a short shelf life;in which the subject of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;where the object of the performance is the provision of goods which, by their nature, are inseparable from other goods after delivery;where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract provides for a specific date or period of performance;
the provision of digital content, not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the performance has begun with the express and prior consent of the Customer, who has been informed prior to the beginning of the performance that after the performance by the Service Provider he/she will lose the right to withdraw from the contract, and has acknowledged this, and the Service Provider has provided the Customer with the confirmation referred to in §4.3 above.Both the Service Provider and the Client have the right to withdraw from the Sales Contract.A business person on the rights of a consumer is covered by the protection provided by the relevant legal provisions, provided that the Sales Contract or the Electronic Service Agreements he concludes with the Service Provider are not of a professional nature.The business person referred to in paragraph 9 above shall be protected only in respect of:prohibited contractual provisions – so-called abusive clauses,
liability under warranty for physical and legal defects of the Product, pursuant to §6 of the Terms and Conditions,
the right of withdrawal from a contract concluded at a distance, in accordance with §7 of the Terms and Conditions.
The Entrepreneur referred to in subsection 9 above shall lose his/her rights under consumer protection in the event that the Sales Agreement concluded by him/her with the Service Provider has a professional character, which results in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.§8 Type and scope of electronic services

The Service Provider shall enable via the Internet Shop the use of Electronic Services such as:

concluding Product Sales Agreements,
sending messages via the Contact Form.
NewsletterProvision of Electronic Services to the Customers of the Online Shop shall take place under the terms and conditions specified in the Terms and Conditions.
The Service Provider has the right to place advertising content on the website of the Online Shop. Such content constitutes an integral part of the Online Shop and the materials presented therein.§9 Terms and conditions of provision and conclusion of agreements for electronic servicesProvision of Electronic Services by the Service Provider is free of charge.
The period for which the agreement is concluded:

the contract for the provision of Electronic Services consisting of enabling the Order to be placed in the Online Shop is concluded for a definite period of time and is terminated when the Order is placed or when the Customer ceases to place it,
the contract for the provision of Electronic Services consisting of the possibility of sending a message to the Service Provider via the Contact Form is concluded for a definite period of time and terminates at the moment of sending the message or at the moment of its termination by the Service Recipient.
the agreement for the provision of Electronic Services consisting of sending a newsletter is concluded for a definite period of time and terminates at the moment of cancellation of the newsletter service by the CustomerTechnical requirements necessary to work with the ICT system used by the Service Provider:computer (or mobile device) with access to the Internet,
access to e-mail,web browser,inclusion of Cookies and Javascript in the web browser.The Customer is obliged to:use the Online Shop in a manner consistent with the law and good practice, with due regard for the personal rights and intellectual property rights of third parties;
to enter data in accordance with the actual state of affairs;refrain from placing unlawful content in the Internet Shop, in particular in the Contact Form or Order Form;

§10 Complaints

Complaints related to the provision of Electronic Services via the Online Shop may be made by the Client via e-mail to: biznes@50kg.pl or to the Service Provider’s address indicated in § 1.9 of the Terms and Conditions.In the complaint submission, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of the irregularity and contact details.The Service Provider shall respond to the Client’s request immediately, but no later than within 14 days of the complaint,
In the case of a complaint from a Client who is a Consumer or an entity referred to in § 7.9 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.The response to the complaint shall be provided in accordance with the communication channel indicated by the Customer in the complaint submission.

§11 Intellectual Property

All content posted on the Online Shop enjoys copyright protection and is the property of the Service Provider.Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and the content of the Online Shop constitutes an infringement of the copyright vested in the Service Provider and shall result in civil and criminal liability.

 

§12 Product opinionsThe Service Provider does not make it possible to publish opinions about Products in the Online Shop.

§13. Final provisions

Contracts concluded through the Online Shop shall be governed by Polish law.
If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
Any disputes arising from Sales Agreements between the Service Provider and Consumers shall be resolved first of all by way of negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes.However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction, in accordance with paragraph 4 of this section.Judicial settlement of disputes:any disputes arising between the Service Provider and the Client (Customer) who is also a Consumer or an Entrepreneur as referred to in § 7.9 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure;any disputes arising between the Service Provider and a Client (Customer) who is neither a Consumer nor an entrepreneur as referred to in § 7.9 of the Terms and Conditions shall be submitted to the court with jurisdiction over the Service Provider’s registered office.A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.
In order to resolve a dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.

 

Annex

WITHDRAWAL FORM

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

Addressee: 50kg Sp. z o. o. Ul. Twarda 18 00-105 Warsaw

 

I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*) ”

 

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

 

Full name of consumer(s)

 

Address of consumer(s)

 

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

 

Date

 

(*) Delete where not applicable.