Terms and conditions

§01

INTRODUCTORY PROVISIONS

The feelgood.pl online store, available at feelgood.pl, is run by FeelGood Sp. z o.o. with its headquarters in Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, XI Economic Department of the National Court Register under the number KRS 0000507733, with a share capital of PLN 200 000.00, fully covered, NIP 9452179077, REGON 123104804.

These Regulations are addressed both to Consumers and Entrepreneurs using the Shop and defines the principles of use of the Online Store and the principles and procedures for concluding remote sales agreements with the Customer through the Store.

§02

DEFINITIONS

Consumer - a natural person who concludes an agreement with the Seller through the Online Store, whose object is not directly related to its business or professional activity.

Seller - FeelGood Sp. z o.o. based in Krakow at Turystyczna 2, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Krakow - Centre in Krakow, XI Commercial Department of the National Court Register under KRS 0000507733, with a share capital of 200 000.00 PLN, fully covered, NIP 9452179077, REGON 123104804.

Customer - any entity making purchases through the Store.

Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person but to which a separate act grants legal capacity, performing in its own name a business, which uses the Store.

Store - an online store operated by the Seller at the feelgood.pl website.

Distance agreement - an agreement concluded with a customer within an organized system of contract conclusion at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.

Rules - these rules of the Store.

Order - Customer's declaration of will placed through the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.

Account - client's account in the Shop, it contains data given by the client and information about orders placed by him/her in the Shop.

Registration form - a form available in the Store, allowing for creation of an Account.

Order form - interactive form available in the Store that enables the placement of an Order, in particular by adding Products to a Basket and determining the terms of a Sales Agreement, including the method of delivery and payment.

Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the quantity of products.

Product - a movable item available in the Store / service which is the subject of a Sales Agreement between the Client and the Seller.

Sales Agreement - a contract of sale of a Product concluded or concluded between the Client and Seller via the Internet Shop. The Sales Agreement is also understood - depending on the characteristics of the Product - as the agreement for the provision of services and contract for specific work.

§03

CONTACT WITH THE STORE

Seller's address: Turystyczna 2, 31-213 Krakow

Seller's e-mail address: info@odporni.com.pl

Seller's phone number: 570-012-601

Seller's bank account number: 98 1910 1048 2102 9915 3128 0001

The Client may communicate with the Seller using the addresses and telephone numbers given in this paragraph.

The Client may communicate with the Seller by phone between 8:00 a.m. and 4:00 p.m.

§04

TECHNICAL REQUIREMENTS

In order to use the Store, including browsing the Store's assortment and placing Orders for Products, the following are necessary

a final device with access to the Internet and a web browser of the type: all available on the market,

an active electronic mail (e-mail) account,

cookies enabled,

FlashPlayer program installed.

§05

GENERAL INFORMATION

The Customer may not, under pain of the right of the Seller to remove the Account or refuse to sell, use the Store in any way that could interfere with its proper functioning, in particular, the Customer can not interfere with the use of the Store by other customers or interfere in any way with the content or technical settings of the Store.

The Seller, to the fullest extent permitted by law, is not liable for malfunctions, including interruptions in Store operations, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure.

Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address details to enable the Order to be processed without creating an Account.

The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer shall be informed on the Store's website during the placement of the Order, also at the moment of expressing his or her will to be bound by the Sales Agreement.

In the case of a Contract covering subscription or provision of services for an indefinite period of time, the final (final) price shall be the total price including all payments for the settlement period.

If the nature of the subject matter of the Contract does not make it possible, in a reasonable estimation, to calculate the final (final) price in advance, information about how the price will be calculated, as well as fees for transport, delivery, postal services and other costs, shall be given in the Store in the Product description.

§06

SETTING UP AN ACCOUNT IN THE STORE

To set up an Account in Store, you must complete the Registration Form. It is necessary to provide the following data: First Name, Surname or Company of the Entrepreneur and legal form, e- mail address, exact shipping details. If the data provided during Account registration are changed, the Customer is obliged to immediately update them within the Account.

Logging into an Account takes place by providing a login and password established in the Registration Form. The login and password to the Account chosen by the Customer are confidential. The Customer is obliged to maintain their confidentiality, in particular he/she cannot make their data available to any third person or entity. Seller is not responsible for disclosure by the client login and password to third parties.

Setting up an Account in the Store is free.

The client has the opportunity at any time, without giving any reason and without incurring any charges on this account by sending an appropriate request to the Seller, particularly by e-mail or in writing to the addresses given in § 3.

§07

PRINCIPLES OF PLACING AN ORDER

In order to place an Order it is necessary:

log in to the Store (optionally),

choose the Product which is the subject of the Order and then click the "Add to basket" button (or equivalent),

log in or use the option of placing an Order without registration,

if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,

click the button "Order and pay"/"Order and pay" and confirm the order by clicking on the link sent in the e-mail,

choose one of the available payment methods and, depending on the payment method, pay the order within a specified period, subject to § 8 point 3

Second Parties are bound by the information contained on the Store website for the products sold at the time of order by the Customer, in particular: the price, product characteristics, features, components included in the set, date and method of delivery.

§08

OFFERED METHODS OF DELIVERY AND PAYMENT

The Client can use the following methods of delivery or collection of the ordered Product: Parcel Delivery in Ruch, Parcel Post InPost, Courier Delivery, Personal collection available at the address: Turystyczna 2, 31-213 Krakow.

The Client can use the following payment methods: payment on delivery, payment by bank transfer to the account of the Seller, electronic payment, payment by credit card.

Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§09

EXECUTION OF THE SALES CONTRACT

Conclusion of a Sales Agreement between the Client and the Seller takes place after prior submission of the Order by the Client using the Order Form at the Online Store in accordance with § 7 of the Terms and Conditions.

After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which contains at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

In case the Customer chooses: a. transfer payment, electronic payment or payment card payment, the Customer is obliged to make payment within 5 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

b. payment on delivery, the Customer is obliged to make payment on delivery.

c. payment in cash on delivery, the Customer is obliged to make payment on delivery within 7 days of receiving information that the parcel is ready for collection.

4th If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.

When ordering Products with different delivery dates, the delivery date is the longest specified date. 6.

(6) If the Customer orders Products with different delivery dates, the Customer has the option to request delivery of the Products in parts or all the Products after completion of the order.

(7) The beginning of the deadline for delivery of the Product to the Customer is calculated as follows:

a. In the case of choosing by the Customer the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.

8. if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided during placing the Order.

9.In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest specified date. 

§10

RIGHT OF WITHDRAWAL

The Consumer can withdraw from the Sales Agreement within 14 days without giving any reason.

The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person designated by him other than the carrier.

In the case of an Agreement that involves multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.

In the case of an Agreement that involves the regular supply of Products for a fixed period (subscription), the period indicated in paragraph 1 runs from taking possession of the first of the items.

The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the deadline.

The statement may be sent by traditional mail by sending the statement to the Seller's address - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not mandatory.

If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.

Effects of withdrawal from the Agreement:

a.    In the case of withdrawal from the Agreement concluded remotely the Agreement is considered as not concluded.

b.  In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of items, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.

c.   Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.

d.   The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.

e.    The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.

f.    The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back in the usual way by post.

g.    The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the Product.

9th In the event that due to the nature of the Product can not be sent back in the normal course by post, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Store.

(10) The right to withdraw from the agreement concluded remotely does not apply to the Consumer in relation to the Agreement:

a. in which the subject matter of the supply is a thing not prefabricated, produced to the specification of the Consumer or used to meet his individual needs.

b. in which the subject matter of the supply is the thing supplied in a sealed package, which after opening the package cannot be returned for health protection or hygiene reasons, if the package has been opened after delivery.

c. in which the subject matter of the supply is a perishable item or an item that has a short shelf life,

d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision, that after the fulfillment of performance by the Seller will lose the right to withdraw from the Agreement,

e. 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 deadline for withdrawal from the Agreement,

f. in which the subject of the performance are things that after the delivery, due to their nature, are inseparably connected with other things,

g. in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract and the delivery of which may only take place after 30 days and whose value depends on market fluctuations, over which the Seller has no control,

h. in which the subject matter of the performance are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery,

i. for delivery of newspapers, periodicals or magazines, except for a subscription agreement,

j. for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the explicit consent of the Consumer before the end of the deadline for withdrawal from the contract and after informing him by the Seller of the loss of the right to withdraw from the Agreement,

11th The Customer who is the Entrepreneur is not entitled to withdraw from the contract.

§11

RIGHT OF WITHDRAWAL

The Sales Agreement covers new Products

Before collecting the Products, the Customer should check their condition in the presence of the Supplier. The Seller recommends not accepting damaged Products.

In the case of non-compliance of the Products with the contract after its delivery, the Customer has the right to make a complaint.

In order to investigate the complaint, the Customer should send back to the Store the Product under complaint together with the proof of purchase.

The Store responds to the Customer's complaint within 14 days of the return of the Products together with a description of the non-conformity of the goods with the sales contract. The Customer will be informed by the Seller about the manner of its consideration by letter, e-mail or telephone.

If the realization of a justified complaint involves sending a new Product to the Customer or the removal of discrepancies, the cost of delivery is borne by the Store.

Positive resolution of the complaint may consist primarily in returning the price paid, replacement of Products or its repair.

The Seller and the Customer who is an Entrepreneur exclude rights under the warranty.

§12

OUT-OF-COURT COMPLAINT HANDLING AND CLAIM INVESTIGATION METHODS

Detailed information about the possibility of out-of-court complaint handling and claim investigation by the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

The consumer has the following examples of out-of-court complaint and redress procedures:

a.    The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement concluded with the Seller.

b.    The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.

c.     The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumers Association).

§13

PERSONAL DATA IN THE ONLINE STORE

The administrator of customer personal data collected via the Online Shop is the Seller. Seller's address indicated in § 3 is also the address for contact with the personal data administrator.

Customers' personal data collected by the Administrator via the Online Store are collected for the purpose of Sales Agreement execution, and if the Customer gives their consent - also for marketing purposes. Personal data is processed with the consent of the Customer.

Recipients of personal data of the Internet store's customers can be: a. In case of a Customer who uses the Online Store's delivery method by mail or by courier, the Administrator makes the collected personal data of the Customer available to a chosen carrier or an intermediary performing the shipment on behalf of the Administrator. b. In case of a client, who uses in the online store the method of electronic or credit card payment, the Administrator shall make available the collected personal data of the client to a chosen entity handling the aforementioned payments in the online store.

The Customer has the right to access and rectify his or her data, limit its processing or demand its deletion or transfer. The customer has the right to withdraw consent to the processing of personal data, but the withdrawal of consent does not affect the legality of processing, which was carried out on the basis of consent before its withdrawal.

Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in inability to conclude that agreement.

Personal data will be stored for the time necessary for the statute of limitations for claims resulting from the concluded agreement and for tax purposes.

Personal data will not be subject to automated decision-making, including profiling.

The Customer has the right to lodge a complaint to the President of the Office for Personal Data Protection.

§14

 CONTRACTS CONCLUDED THROUGH THE ONLINE STORE ARE CONCLUDED IN THE POLISH LANGUAGE.

Contracts concluded through the Online Store are concluded in the Polish language.

The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.

In matters not covered by these Terms and Conditions generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on providing services by electronic means; Act on consumer rights, Act on personal data protection.

The customer has the right to use out-of-court complaint and claim procedures. For this purpose, he can submit a complaint through the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.