§ 1. Preliminary provisions
The online shop Alpha Male, accessible at https://alpha-male.eu/index.html, is run by Grzegorz Swoboba trading as Grzegorz Swoboda at the address ul. Aleksandra Fredry 2/3, 30-605 Kraków, recorded in the Central Business Register and Information Service under NIP 6472169643 and REGON 121215480.
§ 2. Definitions
Consumer – a natural person who enters into a contract with the Seller via the Shop, the subject of which contract is not linked directly to his/her business or professional activity.
Seller – Grzegorz Swobododa trading as Grzegorz Swoboda Zodiac at the address ul. Aleksandra Fredry, nr 2, lok. 3, 30-605 Kraków, recorded in the Central Business Register and Information Service under NIP 6472169643 and REGON 121215480.
Customer – any entity that uses the Shop to make purchases (either a Consumer or a Trader).
Trader – a natural person, a legal person or an organisational unit that is not a legal person and has legal capacity, that conducts business in his/her own name and uses the Shop.
Shop – the online shop run by the Seller at https://alpha-male.eu/index.html
A contract entered into remotely – a contract entered into with the Customer in accordance with the system in place for entering into contracts remotely (via the shop), without the physical presence of either party and with the exclusive use of one or more means of remote communication up to and including the point of entering into a contract.
Order – a declaration of the Customer’s wish, submitted using an Order Form with the direct intention of entering into a Contract with the Seller for the sale of a Product or Products.
Account – the customer’s account at the Shop, where both data given by the Customer and information about Orders he/she has placed with the Shop are held
Registration form – a form accessible on the Shop’s website which enables the Customer to create an Account.
Order form – an interactive form accessible on the Shop’s website which enables the Customer to place orders, specifically by adding Products to a Basket and which stipulates the conditions of the Sales Contract, including the means of delivery and payment.
Basket – part of the programming of the Shop’s website, in which the Products chosen by the Customer for purchase are visible and where the Customer can enter and change the order data, specifically the number of products.
Product – a moveable item or service which is the subject of the Sales Contract between the Customer and the Seller.
Sales Contract – a contract for the sale of a Product entered into between the Customer and Seller. The term Sales Contract should also be understood as – depending on the nature of the Product – a service contract and a contract to perform a corresponding task.
§ 3. Contacting the Shop
Address of Seller: ul. Aleksandra Fredry 2/3, 30-605 Kraków
Email address of Seller: email@example.com
Bank account number of Seller: mBank 03 1140 2004 0000 3202 7738 0344
The Customer may communicate with the Seller using the addresses given in this paragraph.
§ 4. Technical requirements
In order to use the Shop, including to view the products available in the Shop and place orders for Products, the following are essential:
a terminal device with internet access and an internet browser.
an active email account.
cookies should be turned off.
§ 5. General information
The Seller to the fullest extent permitted by law will not be responsible for disruptions including times when the Shop is not operating due to forces majeures, the illegal actions of third parties or the Customer’s technical resources not being compatible with the Online shop. A force majeure should be understood as an extraordinary event independent of the website which cannot be foreseen provided that due care and attention have been taken and which can be defined as a widespread disruption to the provision of utilities (i.e. gas, water, electricity, internet), a natural disaster, a hacker attack, an act of terrorism, a riot, warfare and similar.
It is not necessary to set up an Account in order to view the Products available in the Shop.
The prices stated in the Shop are given in Polish złoty and are gross prices (including VAT).
The final price paid by the Customer is made up of the price of the Product and the cost of delivery (including payments for packaging, transport, delivery and postal services), about which the Customer is informed on the website of the Shop whilst placing his/her order, and also at the moment when he/she agrees to be bound by the Sales Contract.
§ 6. Setting up an Account with the Shop
In order to set up an Account with the Shop it is necessary to fill in a registration Form. The Customer must state his/her forename, surname (or name of the entity), the login that the Customer will use, contact details (email address, contact telephone number) and the address to which the Product is to be delivered. In filling in the Form the Customer must create a password, which he/she will use in order to log in to his/her Account.
Setting up an Account with the Shop is free of charge.
In order to log on to his/her Account the Customer must enter his/her login and the password stated on the registration Form.
The Customer may close his/her Account at any time, free of charge and without giving reasons, by making a request to the Seller either via email or in writing using the addresses given in § 3.
§ 7. Placing Orders
In order to place an Order it is necessary to:
choose the Products to be ordered by clicking on the button “Dodaj do koszyka” (or a button with the same meaning);
go to the Basket and check the Products chosen;
click the button “Przejdź do kasy” (or a button with the same meaning);
log on to the Shop website or use the option of placing an Order without registering;
if the option of placing an Order without registering is chosen, it is necessary to fill in the order Form by entering the recipient’s details and the address to which the Product is to be delivered, to choose the type of delivery (how the Product is to be delivered) and enter the details for the invoice if these are different from the recipient’s details;
choose one of the available payment options and click the button “Kupuję i płacę” (or a button with the same meaning);
pay for the order according to the payment option chosen by the Customer.
§ 8. Delivery and payment options
The Customer may choose one of the following options for the delivery of the Product:
Priority recorded delivery by Poczta Polska S.A (approximate delivery time 3 to 5 working days),
Delivery by the courier service DPD (approximate delivery time 1 to 3 working days),
A parcel to be sent abroad (approximate delivery time is one week, this option is available only if a prepayment is made on to the Seller’s account
The Customer may use the following payment methods:
a transfer on to the Seller’s account or payment by credit card using dotpay.pl. (a feature of fast transfers is that when the Customer chooses this method of payment he/she is directed to the website of the bank chosen from a list in order to complete the transfer.)
an external transfer on to the bank account stated in point 3.3 (in the description of the transfer it is necessary to state the order number, the goods are not despatched until the funds have been received).
payment on delivery (this method is possible only if the total cost of the Order does not exceed 100 zł, payment is made directly to the courier, postman or at the post office on receipt of the parcel, if the parcel to be paid for on delivery is not collected, any subsequent delivery to the same address may be paid for only using the methods described in points 8.2.1 and 8.2.2).
Specific information regarding delivery methods and accepted methods of payment can be found on the Shop’s website.
§ 9. Entering into a sales contract
After an Order has been placed the Seller will immediately confirm receipt of it and process the Order at the same time. Receipt of the Order and the fact of its being processed will be confirmed in an email sent by the Seller to the Customer using the email address that the Customer gave whilst placing his/her order. This email will contain at least a confirmation that the Seller has received the Order and that it is being processed, as well as confirmation that a Sales Contract has been entered into.
A Sales Contract between the Customer and the Seller is deemed to exist from the moment when the Customer receives this email.
If within 7 days of an Order’s being placed the Customer does not receive at the email address provided an email that contains at least confirmation that the Seller has received the Order and that it is being processed, as well as confirmation that a Sales Contract has been entered into, the Order will expire and a Sales Contract will not be deemed to have been entered into.
The Customer is required to make the necessary payment within 7 calendar days of the Sales Contract being entered into – otherwise the Order will be cancelled.
The Product will be sent to the Customer by the Seller by the date stated in the description, in the way chosen by the Customer whilst placing the Order.
The beginning of the period during which the Product will be delivered to the Customer is the day when the Seller’s bank account is credited.
If Products are ordered with different delivery dates, the delivery date will be the latest of these dates.
Products are delivered within the European Economic Area.
The delivery of Products to the Customer is chargeable, unless otherwise stated in the Sales Contract. The costs of delivering the Product (including payments for packaging, transport, delivery and postal services) are stated on the Shop’s website under “Koszty dostawy” and whilst the Order is being placed, including at the moment when the Customer agrees to be bound by the Sales Contract.
§ 10. The right to withdraw from the contract
The Consumer may withdraw from a Sales Contract within 14 days without stating a reason.
The period stated in point 1 begins from the moment when the Product is delivered to the Consumer or a person nominated by him/her other than the carrier.
In the case of a Contract that covers several products that are to be delivered separately, in batches or parts, the period stated in point 10.1 will begin when the last item, batch or part is delivered.
In the case of a Contract for the regular delivery of Products over a specified period of time (a subscription), the period stated in point 10.1 begins from the receipt of the first item.
The Consumer may withdraw from a Contract by submitting to the Seller a notice of withdrawal from the Contract. In order to be deemed to have kept to the Contract withdrawal date it is sufficient for the Consumer to send his/her notice before this date.
If this notice is sent by the Consumer via email, the Seller will immediately send the Consumer confirmation of receipt of this notice to withdraw from the Contract to the email address provided by the Consumer.
The consequences of withdrawing from the Contract are as follows:
If the Customer withdraws from a Contract entered into remotely it will be deemed to be terminated.
If the Customer withdraws from the contract the Seller will reimburse him/her immediatlely, and within no more than 14 days of receipt of the Consumer’s notice to withdraw from the Contract, all moneys paid, including the cost of delivering the item(s), with the exception of any additional costs if the Consumer has chosen a means of delivery other than the normal, cheapest means of delivery offered by the Seller.
The payments will be reimbursed using the same payment methods that the Consumer used to complete the first transaction, unless the Consumer has agreed to an alternative solution which is not associated with any costs for him or her.
The Seller may withhold the reimbursement until he has received the returned Product or until proof that it has been sent back has been received, depending on which of these happens first.
The Consumer is responsible for all direct costs of the return of the Product, as well as the cost of the return of the Product if because of its nature the Product cannot be sent back by post normally.
The Consumer is responsible only for any reduction in the value of a Product that results from using it in any way that does not befit its nature, features or function.
If the nature of the Product is such that it cannot be sent back by post, information about this as well as about the cost of returning the Product will be found in the description of the Product in the Shop.
The Consumer does not have the right to withdraw from a Contract entered into remotely in the case of a Contract:
in which the item is not a pre-made item, is produced according to the Consumer’s specifications or serves to satisfy his own individual needs.
in which the item is an item delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons if the packaging was opened after delivery.
in which the item is an item that can spoil easily or has a short expiration date.
the provision of services, if the Seller has provided a service in full with the express consent of the Consumer, who was informed before the service was provided that after the Seller has completed it the Consumer will forfeit the right to withdraw from the Contract,
in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and may occur before the Contract withdrawal deadline has passed,
in which the item is things which after delivery because of their nature become inseparately joined to other things,
which is entered into at a public auction
§ 11. Complaints and guarantee
The Sales Contract concerns new Products.
The Seller is obliged to supply items free of defects.
If the Product purchased from the Seller develops any defects the Client has the right to make a complaint on the basis of legislation concerning warranties in the civil code.
It is recommended the Client should include in the complaint a concise description of the defect, the circumstances in which it occurred (including the date), the identification and contact details of the Client making the complaint and the Client’s demands regarding the defect.
The Seller will address the complaint immediately, within 14 days, and if he does not do this within this period of time, the demands of the Client will be deemed to be justified.
If a Product is covered by a guarantee, information about it, including its content, will be provided alongside the description of the Product in the Shop. The Seller will include a guarantee card with the sold Product.
§ 12. Out-of-court means of dealing with complaints and redress
Detailed information concerning out-of-court means of dealing with complaints and redress that the Consumer can resort to as well as how these procedures can be accessed are available at the headquarters and on the websites of municipal consumer rights advisers, community organisations whose statutory obligations include protecting consumers, Voivodship Central Inspectorates of Trade Inspection and also at the following websites of the Office of Competition and Consumer Protection:
The Consumer’s options regarding out-of-court means of dealing with complaints and redress include the following:
According to article 37 of the Trade Inspectorate Act, 15 December 2000 (Journal of Laws 2014 item 148 with amendments) the Consumer has the right to request the permanent consumer arbitration court to settle any dispute that arises from the Contract entered into with the Seller.
According to article 36 of the Trade Inspectorate Act, 15 December 2000 (Journal of Laws 2014 item 148 with amendments) the Consumer has the right to request the voivodship inspector of Trade Inspection to begin mediation proceedings regarding a satisfactory solution to a dispute between the Consumer and the Seller.
The Consumer may receive assistance in settling disputes between him/her and the Seller free of charge using the services of municipal consumer rights advisers and community organisations whose statutory obligations include protecting consumers (for example the Federation of Consumers and the Association of Polish Consumers).
§ 13. Final provisions
Contracts entered into by the online Shop are in Polish and English.
The Customer has the right to use out-of-court means of dealing with complaints and redress. To do this he/she may lodge his/her complaint using the EU online platform ODR accessible at http://ec.europa.eu/consumers/odr/.
Appendix No 1
SAMPLE CONTRACT WITHDRAWAL FORM
(this form should be completed and returned only if the customer wishes to withdraw from a contract)
–Addressee [here the customer should enter the customer’s name and surname, his/her full postal address and, if available, his/her fax number and email address]
–I/We(*) hereby inform Alpha Male of my/our(*) wish to withdraw from the sales contract concerning the following items(*)
the contract for the delivery of the following items (*) the contract to perform the following tasks (*) the contract to provide the following service (*)
–Date of contract (*)/receipt (*)
–Name and surname of the consumer(s)
–Address of the consumer(s)
–Signature of the consumer(s) (only one paper form is to be sent)
(*) Delete as applicable