Online Store Regulations

§1. General provisions

1. Online store operating at: https://ferosup.pl/ is run by:

ULTRASOFT GROUP
ul. Zbożowa 42B/303
40-657 Katowice
NIP: PL2220897401
REGON: 243586339
tel.: +48 881 206 372
e-mail: kontakt@ferosup.pl

hereinafter referred to as the "Seller" or "Store".

2. These Regulations define the rules for using the Store, placing orders, concluding sales contracts, making payments, delivering Goods, submitting complaints and exercising the right to withdraw from the contract.

3. The Customer of the Store may be a natural person with legal capacity, a legal person or an organizational unit with legal capacity.

4. A person with limited legal capacity may use the Store to the extent permitted by applicable law.

5. A consumer is a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.

6. The provisions of the Regulations relating to the consumer also apply to a natural person concluding a contract directly related to his or her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity, if the applicable regulations grant such a person consumer rights.

7. The Regulations are made available to the Customer free of charge in a way that allows the Customer to read their content before concluding the contract and to save and reproduce it.

8. The prices of the Goods given in the Store are gross prices and include applicable VAT, unless clearly indicated otherwise.

9. The goods offered in the Store are consistent with the information provided for individual products.

10. Dietary supplements offered in the Store are foodstuffs and cannot be treated as medicinal products or as a replacement for a varied diet.

11. The Customer is obliged to use the Store in accordance with the law, good practices and these Regulations.

12. In the case of information about a reduction in the price of the Goods, the Seller provides, in addition to information about the reduced price, information about the lowest price of this Good, which was valid in the period of 30 days before the introduction of the reduction, in accordance with applicable law.

§2. Orders and conclusion of a contract

1. Orders can be placed via the order form available in the Store.

2. If the Store provides such an option, the order may also be placed in another way indicated by the Seller.

3. Placing an order requires providing the data necessary for its implementation, in particular the customer's data, recipient's data and delivery address.

4. The customer is obliged to provide true, current and complete data.

5. Before placing an order, the Customer receives information regarding in particular:

• main features of the Goods,
• prices of the Goods,
• costs and delivery method,
• available payment methods,
• Seller's data.

6. Information about the Goods available in the Store constitutes an invitation to conclude a contract within the meaning of the provisions of the Civil Code.

7. Placing an order by the Customer constitutes an offer to conclude a sales contract for the Goods included in the order.

8. After receiving the order, the Seller sends the Customer confirmation of its receipt to the e-mail address provided.

9. The sales contract is concluded when the Seller confirms acceptance of the order for execution.

10. Confirmation of the conclusion of the contract and its essential terms are provided to the Customer on a durable medium, in particular by e-mail.

11. If it is impossible to complete the order, the Seller will inform the Customer and return the received payment to the extent that the order cannot be completed.

§3. Prices and payments

1. The current price of the Goods is indicated on the page of the given Goods.

2. The total value of the order, including the price of the Goods and any delivery costs, is presented to the Customer before placing the order.

3. The Customer may use the payment methods currently made available by the Store when placing an order, in particular electronic payments, bank transfer or cash on delivery, if a given method is available for a specific order.

4. In the case of payment by transfer, the order processing time may be counted from the date the payment is credited to the Seller's account.

5. If the Customer chooses payment in advance and the payment is not made within the required period, the Seller may cancel the order after informing the Customer if this results from the nature of the selected payment method.

6. The seller issues a sales document in accordance with applicable regulations.

§4. Delivery

1. The goods are delivered via carriers and other delivery methods currently available in the Store.

2. Available delivery methods, their costs and expected delivery date are presented to the Customer before placing the order.

3. The goods are delivered to the address indicated by the Customer when placing the order or to the selected collection point.

4. The customer should provide correct and complete data enabling delivery of the shipment.

5. If the shipment is found to be damaged during transportation, it is recommended to document the damage, if possible. The lack of such documentation does not deprive the consumer of his statutory rights.

§5. Complaints and non-compliance of the Goods with the contract

1. The Seller is liable to the consumer for the compliance of the Goods with the contract on the terms set out in the Act of May 30, 2014 on consumer rights.

2. The Seller is liable for the lack of conformity of the Goods with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer.

3. If the Goods are inconsistent with the contract, the consumer may demand:

• repair or
• replacement.

4. The Seller may make an exchange when the consumer requests repair, or make a repair when the consumer requests replacement, if bringing the Goods into compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs.

5. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into compliance with the contract.

6. The Goods are repaired or replaced within a reasonable time from the moment the Seller is informed about the lack of compliance with the contract and without excessive inconvenience to the consumer.

7. The costs of repair or replacement, including shipping, handling, labor and materials, are borne by the Seller.

8. In cases provided for by law, the consumer may submit a declaration of price reduction or withdrawal from the contract, in particular when:

• The Seller refused to bring the Goods into compliance with the contract;
• The Seller did not bring the Goods into compliance with the contract;
• lack of compliance continues despite attempts to bring the Goods into compliance with the contract;
• lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior request for repair or replacement;
• it is clear from the Seller's representation or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

9. The consumer may not withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial.

10. A complaint can be filed:

• electronically to the following address: kontakt@ferosup.pl,
• in writing to the following address:

FEROSUP
ul. Zbożowa 42B/303
40-657 Katowice
tel.: +48 881 206 372

11. The complaint should contain information enabling its consideration, in particular the Customer's data, indication of the Goods, description of the detected non-compliance and the Customer's request. The lack of specific information does not deprive the consumer of the right to make a complaint if it can be considered on the basis of the provided data.

12. The Seller will respond to the consumer's complaint within 14 days of its receipt. Lack of response within this period means that the complaint will be accepted.

13. To submit a complaint, it is not necessary to have a fiscal receipt if the Customer is able to prove the purchase in another way.

14. The rights arising from the Seller's liability for non-compliance of the Goods with the contract are independent of the rights arising from any warranty.

15. In relation to Customers who are not consumers or natural persons who exercise statutory consumer rights in a given contract, the Seller's liability under the warranty may be excluded to the extent permitted by applicable law.

§6. Right to withdraw from the contract and returns

1. A consumer who has concluded a distance contract via the Store may withdraw from it without giving a reason within the time limit 14 days.

2. In the case of a contract for the sale of Goods, the deadline for withdrawal from the contract begins when the consumer or a third party indicated by him, other than the carrier, takes possession of the Goods.

3. If the order includes many Goods delivered separately, in batches or in parts, the period begins with taking possession of the last Goods, batch or part.

4. To meet the deadline, it is sufficient to send a declaration of withdrawal from the contract before its expiry.

5. The declaration of withdrawal from the contract can be sent:

• to the e-mail address: kontakt@ferosup.pl,
• by letter to the Seller's address.

6. The consumer may use the model withdrawal form, but this is not obligatory.

7. After withdrawing from the contract, the consumer is obliged to return the Goods immediately, no later than within 14 days from the date of withdrawal from the contract.

8. The goods should be sent back to the returns address:

FEROSUP
ul. Zbożowa 42B/303
40-657 Katowice
tel.: +48 881 206 372

9. To meet the deadline for returning the Goods, it is sufficient to return them within 14 days.

10. The return of the Goods as part of the withdrawal from the contract is free of charge - the direct costs of return are borne by the Seller.

11. The Seller returns to the consumer all payments received from him related to the contract from which the consumer withdrew, including the cost of the cheapest usual method of delivery of the Goods offered by the Store.

12. If the consumer has chosen a delivery method that is more expensive than the cheapest regular delivery method offered by the Seller, the Seller is not obliged to refund additional costs resulting from this choice.

13. The payment is refunded immediately, no later than within 14 days from the date of receipt by the Seller of the consumer's declaration of withdrawal from the contract.

14. The Seller may withhold the refund until he receives the Goods back or until the consumer provides proof of sending them back, depending on which event occurs first.

15. The payment is refunded using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

16. The Consumer is responsible for reducing the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

17. The right to withdraw from the contract is not available in the cases specified in Art. 38 of the Act on Consumer Rights, in particular in relation to contracts:

• in which the subject of the service is non-prefabricated Goods, manufactured according to the consumer's specifications or serving to meet his individual needs;
• in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
• in which the subject of the service is Goods delivered in a sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
• in which the subject of the service are Goods which, after delivery, due to their nature, are inseparably connected with other things;
• in other cases specified in applicable law.

18. The mere fact that the Goods are a dietary supplement does not automatically exclude the right to withdraw from the contract. The exclusion may apply if, in a specific case, statutory conditions are met, in particular regarding opening the sealed packaging of a product that cannot be returned due to health protection or hygiene reasons.

§7. Customer Account

1. If the Store enables the creation of a Customer Account, the creation and maintenance of the Account is free of charge, unless it is clearly indicated otherwise before its creation.

2. In particular, the account may enable:

• access to order history,
• view order status,
• saving Customer data,
• simplification of placing subsequent orders.

3. Creating an Account requires providing the data indicated in the registration form.

4. The Customer is obliged to protect access data to the Account against access by unauthorized persons.

5. The Customer may resign from the Account at any time.

6. The request to delete the Account may be sent in particular to the following address: kontakt@ferosup.pl.

7. Deleting the Account does not delete data that the Seller is obliged or entitled to store under applicable law, in particular documentation regarding transactions made.

8. The Seller may terminate the agreement regarding the Account in the event of a flagrant or persistent violation of the Regulations or legal provisions by the Customer, after informing the Customer, unless applicable regulations require a different course of action.

§8. Personal data and privacy

1. The Seller processes Customers' personal data in accordance with applicable provisions on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).

2. Detailed information regarding the data administrator, the purposes and basis for data processing, the period of data storage and the rights of data subjects can be found in the Store's Privacy Policy.

3. Information on the use of cookies can be found in the Privacy Policy or Cookies Policy of the Store.

§9. Technical requirements and electronic services

1. To use the Store you need:

• device with Internet access;
• current web browser;
• active e-mail address – for functions requiring e-mail communication;
• support of technical functions necessary for the proper operation of the Store is enabled.

2. The Seller provides electronically, in particular, services consisting of:

• allowing you to browse the Store's assortment;
• enabling you to place orders;
• maintaining the Customer Account, if this function is available;
• providing electronic forms.

3. The Customer is prohibited from providing illegal content.

4. Complaints regarding the operation of services provided electronically may be submitted to the following address: kontakt@ferosup.pl.

§10. Out-of-court methods of resolving disputes

1. The consumer may use out-of-court methods of dealing with complaints and pursuing claims under the terms specified by applicable law.

2. Information on available methods of out-of-court resolution of consumer disputes and entities authorized to conduct such proceedings is available in particular on the website of the Office of Competition and Consumer Protection.

3. The consumer may also contact the locally competent provincial inspectorate of the Trade Inspection, the municipal or district consumer ombudsman or a social organization dealing with consumer protection.

4. Using out-of-court dispute resolution is voluntary, unless applicable law provides otherwise.

§11. Provisions relating to entrepreneurs

1. To the extent permitted by mandatory provisions of law, different principles of liability under the Civil Code may apply to Customers who are not consumers or persons exercising statutory consumer rights.

2. The provisions of this paragraph do not limit the rights of natural persons running a business to the extent that applicable regulations grant them consumer rights.

§12. Changes to the Regulations

1. The Seller may change the Regulations for important reasons, in particular in the case of:

• changes in applicable legal provisions;
• changes in payment or delivery methods;
• changes in the functionality of the Store;
• changes in the scope of services provided electronically;
• the need to adapt the Regulations to decisions, recommendations or judgments of competent authorities or courts.

2. The change to the Regulations does not affect the rights acquired by Customers or sales contracts concluded before the change enters into force.

3. The Regulations in force at the time of its submission apply to the order, subject to mandatory provisions of law.

4. In the case of services provided on a continuous basis, in particular maintaining a Customer Account, the Seller will inform the Customer about changes to the Regulations on a durable medium, if such an obligation results from the nature of the change or applicable regulations.

§13. Final provisions

1. The Regulations are subject to Polish law.

2. The provisions of the Regulations do not exclude or limit the consumer's rights arising from mandatory provisions of law.

3. If any provision of the Regulations turns out to be invalid or ineffective, it does not affect the validity of the remaining provisions, unless the applicable provisions provide otherwise.

4. In matters not regulated by the Regulations, the applicable provisions of Polish law shall apply, in particular the Civil Code, the Act of May 30, 2014 on consumer rights and the provisions on the provision of services by electronic means.

5. The Regulations are available free of charge on the Store's website in a way that allows them to be saved and reproduced.

6. The Regulations are valid from the date of their publication on the Store's website.