Sundose Web Store Rules
- Sundose Web Store, available at: www.sundose.io, is a platform enabling the conclusion of Delivery Contracts remotely as well as allowing to provide services electronically, operated by Sundose Sp. z o.o. with headquarters in Lublin (20-148) at ul. Związkowa 26, entered into the register of entrepreneurs kept by the District Court Lublin – Wschód in Lublin with seat in Świdnik, 6th Economic Department of the National Court Register under the number KRS: 0000642406, tax identification number: 7123320705, REGON statistical number: 365652197, with share capital of PLN 6250 (contact data: email: [•], phone: [•] – normal charge – according to provider’s prices) (further also referred to as: “Provider” or “Supplier”).
- This set of Rules is directed both for Consumers and for companies using the Web Store. The provisions of the Rules are not aimed at waiving or limiting any Consumer rights to which they are entitled by the imperative regulations of the law – any possible doubts shall be cleared to the Consumer’s favour. In case of discrepancies between the Rules and the above regulations the regulations of the current general law shall prevail.
- SURVEY – an online form filled in by the Client giving us a medical-diet interview about the Client in order to prepare an individualised Product
- WORKING DAY – any day from Monday to Friday excluding bank holidays.
- ORDER FORM – form available on the Web Store website enabling to make an order, made available to the Client after completion of the Survey
- CLIENT – Customer who concluded a Delivery Contract with the Supplier.
- CIVIL CODE – Polish civil code act of 23 April 1964 (J/L of 2017, item 459 as amended).
- CONSUMER – Customer entering a legal transaction, that is not connected directly to its business or professional activity, with an entrepreneur, including the Provider.
- ACCOUNT – functionality of the Web Store marked with an individual name (identifier or email address) and secured with a password given by the Customer, including the collection of data in the Provider’s information system where data of the Customers are gathered, including information on Orders made.
- PRODUCT – diet supplement within the the meaning of the act of 25 August 2006 on the safety of food and nutrition (J/L 2017, item 149 as amended), prepared for an individual Order of the Client the composition of which is specified after the Client fills in the Survey, being the subject of the Delivery Contract between the Client and Supplier (1 Product = 30 bags for one month)
- WEB STORE – the Web Store of the Provider available at: www.sundose.io.
- SUPPLIER, PROVIDER – Sundose Sp. z o.o. with headquarters in Lublin (20-148) at ul. Związkowa 26, entered into the register of entrepreneurs kept by the District Court Lublin – Wschód in Lublin with seat in Świdnik, 6th Economic Department of the National Court Register under the number KRS: 0000642406, tax identification number: 7123320705, REGON statistical number: 365652197, with share capital of PLN 6250
- DELIVERY CONTRACT – Delivery Contract that includes monthly deliveries of Product concluded by and between the Client and the Supplier via the Web Store.
- ELECTRONIC SERVICE – service provided electronically within the meaning of the act of 18 July 2002 on electronic provision of services (J/L of 2016, item 1030 as amended, further also referred to as: “act on electronic provision of services”).
- CUSTOMER – natural person, including the Consumer, that has a capacity to perform legal acts and/or is at least 13 years old (if such person is below the age of 18 the consent of statutory representative or legal carer is required), as well as a legal entity and organizational unit that is not a legal entity, but which is granted legal capacity by special regulations, using the Web Store.
- ORDER – statement of will of the Customer aimed directly at the conclusion of a Delivery Contract for the Product, specifying the type and/or quantity of Product and other content prescribed by the law.
AND SCOPE OF ELECTRONIC SERVICES
renders the following Electronic Services via the Web Store:
- Enables placing an Order in the Web Store by filling in the Order Form after filling in the Survey.
- Having a Web Store Account .
- Provider renders the following Electronic Services via the Web Store:
AND CONDITIONS OF RENDERING ELECTRONIC SERVICES AND CONCLUDING
CONTRACTS CONCERNING THEM
- Provision of Electronic Services by the Provider is free.
- Electronic Services Contract concerning making Orders in the Web Store by filling in the Survey and Order Form is concluded for a specified period of time and is terminated when the Order is made.
- Electronic Services Contract concerning the Web Store Account is concluded for an unspecified period of time. The Contract is concluded at the moment of effective provision and acceptance of email address by the Customer (subject to previous filling in of a medical and diet survey).
requirements necessary for using the Web Store:
- Computer with access to Internet.
- Email access.
- Web browser: Mozilla Firefox v.3.5 and higher; Internet Explorer v.8.0 and higher; Opera v.10 and higher; Google Chrome v.10 and higher.
- Turning Cookies on in the web browser.
- The Customer is obliged to use the Web Store in accordance with the law and good manners, considering the personal interests and intellectual property rights of third parties.
- The Customer is obliged to enter data in accordance to factual circumstances.
- The Customer undertakes not to provide illegal content.
- Using Electronic Services can be connected to typical risks for the Customer as Internet user. Risk connected to use of Electronic Services includes especially the possibility of attack by software aimed at for example spying the Internet user, theft of important data, causing system crash, spam, data deletion, etc. The Provider uses system security and IT support in its own scope, providing the safety of data sent and received, this does not release the Customer from keeping due care in using the Internet.
for personal data processing
- Customer’s consent for her/his personal data processing by the Provider for marketing and information purposes, including commercial information, electronically is a requirement for delivery of the Health Report to the Customer’s email. Consent is granted by effective filling on f the Survey and acceptance of the Health Report Form, with “I accept the rules of free health report service” boxed marked and filled in.
- The Customer can cancel the consent for personal data processing for marketing purposes at any time by sending the appropriate statement via email to: [email@example.com] or in writing to: [ul. Związkowa 26, 20-148 Lublin].
CONTRACT CONCLUSION CONDITIONS
- Notices, advertisements and other information on Products on the Web Store website, especially their descriptions and properties, are an invitation to conclude a contract within the meaning of article 71 of the Polish Civil Code.
- Product Price given during Order placement is given in Polish zloty and includes all components, including VAT and delivery cost.
- Product Price given during Order placement is binding at the moment of Order placement by the Client.
- In order to conclude a Delivery Contract it is required for the Client to previously place an Order and fill in the Survey.
- After the placement of an Order the Provider shall immediately confirm its receipt and acceptance of the Order for realization, this results in the Client being bound by her/his Order.
- Order receipt confirmation and its acceptance for realization shall be done by sending an email to the Client that shall include:
220.127.116.11. Confirmation of all important Order elements.
18.104.22.168. Supplier’s statement on Order receipt.
22.214.171.124. Supplier’s statement on acceptance of Order for realization (offer acceptance).
126.96.36.199. Link to the website with this set of Rules.
4.4.4. When the Client receives the email, specified in point 4.4.3., the Delivery Contract is concluded by and between the Client and the Supplier.
4.4.5. Delivery Contract is concluded for an unspecified period of time.
4.4.6. In the scope of Delivery Contract the Supplier undertakes to regular, monthly deliveries of the Product to the Client to the address specified in the Order Form for the specified price.
4.4.7. On the basis of the concluded Delivery Contract the Provider undertakes to deliver the Product with no defects.
Provider only uses non-cash payment system.
- The payment is performed with a credit/debit card with internet payment function enabling the Supplier to charge the Client’s bank account with the full amount resulting from the Delivery Contract or to charge the bank account for the Order amount and consent to charge the bank account as credit towards future Orders.
- The Provider shall charge the Client’s bank account every month (starting from the Order placement date) using the data of the credit/debit card or the consent for bank account charging specified in Order Form/Clients’ web Account.
- The Client is obliged to provide appropriate means on the bank account at the moment of Delivery Contract realization.
- The Client is obliged to inform the Supplier and to establish a different way of settling payment if:
- The Provider only uses non-cash payment system.
188.8.131.52. The Client cancelled the bank account charging consent previously effectively given at her/his bank,
184.108.40.206. Means on the Client’s bank account are not enough to cover the total payment order transaction amount,
220.127.116.11. The Client’s bank account is closed.
COST, TIME AND OPTIONS
- The Provider delivers the Product using a courier service (Courier Packet).
- Possible delivery costs are specified during the Order placement, included in the Product price.
- Every time the Product shall be delivered to the Client within 7 working days. This time should be counted from the date of Supplier’s bank account crediting date in the given month.
- If the Provider is unable to keep the Product delivery time specified in point 6.3., it shall immediately inform the Client about the quickest possible delivery date.
SERVICES PROVISION CONTRACT TERMINATION RULES
Service contract termination:
- Indefinite term continuous Electronic Service provision contract can be terminated (for example for Web Store Account).
- The Customer may terminate a Contract immediately giving no causes by sending an appropriate statement via email to: [firstname.lastname@example.org] or in writing to the address: [ul. Związkowa 26, 20-148 Lublin]. If the Contract is terminated after 30 days from the last payment according to point 5.1.2. of the Rules the next planned delivery shall be performed and the Contract shall not be prolonged for the following deliveries of the Product.
- In case of Customers that are also Consumers, the Provider may terminate the Electronic Service provision contract in case of a gross or continual Rules violation by the Customer, especially if it delivers illegal content, after at least a single summons to desist or remedying the violations and giving an appropriate due date without effect. The Rules violation must be objective and illegal. In such case Electronic Service provision contract is terminated after 14 days from the Provider making a statement of will on the termination to the Customer (notice period).
case of Customers that are not Consumers the Provider
may terminate the Electronic Services provision contract with immediate effect and without giving reasons by sending an appropriate statement to the Customer.
- The Provider and the Customer may terminate the Electronic Services provision contract at any time by mutual agreement.
- Electronic Service contract termination:
concerning Product’s nonconformity with the Delivery Contract:
- Basis and scope of Supplier’s liability towards the Consumer by way of Product’s nonconformity with the Contract are specified in the act of 30 May 2014 on consumer rights (J/L of 2017 item 683 as amended, further referred to as: “Consumer rights act”).
- Notifications about Product nonconformity to the Contract and making an appropriate demand (further also referred to as: “Complaint”) can be sent via email: [•] or in writing to the address: [•].
- In the Complaint the Client should give her or his: full name (possibly company name), correspondence address, type and date of occurrence of reason for Complaint and a specified demand.
- The Provider shall take a position concerning the Client’s demand immediately, not later than within 14 days from receipt of Complaint. Reply concerning the Complaint shall be sent to the address given by the Client or in a different way specified by the Client.
- The Client may use out-of-court ways of settling Complaints and claim assertion. If the Client wants to use the possibility of amicable settlement of the dispute concerning online shopping then the Client may make the complaint using, for example, the EU ODR platform, available at: http://ec.europa.eu/consumers/odr/.
concerning provision of Electronica Services by the Provider and
other complaints connected to Web Store operation:
- Complaints concerning Electronical Services provision via the Web Store and other complaints connected to Web Store operation can be made by the Customer via email to: [•] or in writing to the address: [•].
- Complaints concerning Product’s nonconformity with the Delivery Contract:
- We recommend to give as much information and item Complaint circumstances as possible in such email, especially type and date of occurrence of nonconformity and contact data – this will facilitate and speed up the Complaint consideration by the Provider.
- Consideration of the Complaint by the Provider shall be done immediately, no later than within 14 days from the date of receipt.
- Provider’s reply concerning the Complaint is sent to the Customer’s email address given in the complaint or in writing to the address specified by the Customer.
RIGHT TO WITHDRAW FROM THE DELIVERY CONTRACT
- The Consumer is not entitled to withdraw from the contract if the one of the following is provided:
- non-prefabricated item, manufactured according to consumer’s specification or serving the purpose of fulfilling individualised needs,
- an item delivered in sealed packing, that after opening cannot be returned due to health protection or hygienic reasons, if the packing was opened after delivery,
- an item that after delivery, due to its nature, becomes inseparably connected to other items,
- item that degrades quickly or having a short expiry date.
- The Client is entitled to terminate the Contract at any time.
- Contract termination statement can be made to the Supplier in written form to the address: [•] or via email: [•]
- Statement on Contract termination is considered delivered to the Supplier at the moment of its receipt by the Supplier.
- Contracts are concluded by the Web Store in accordance to the Polish law.
- If a specific provision of the Rules is considered to be invalid or ineffective, the invalidity or ineffectiveness of such provision shall not influence the validity or effectiveness of remaining provisions of the Rules. The Provider shall do all in its power in order to replace the invalid or ineffective provisions with a new legally valid provision.
to the Rules:
- The Provider reserves the right to make changes in the Rules due to important reasons, that is especially: changes in the law; changes in payment and delivery methods; changes in the scope of payments or forms of Electronic Services – in such scope as those changes influence the performance of the provisions of the Rules.
- The changed Rules are binding for the Customer if the requirements specified in article 384 of the Polish Civil Code were kept, that is the Customer was properly notified about changes and the Customer did not terminate the continuous Electronic Services provision contract within 14 days from the date of notification.
- Changes in the Rules will not infringe in any way the rights acquired by the Customers that are also Consumers and using the Web Store before the changes were implemented, especially the changes in the Rules will not influence Orders already placed and concluded or performed Contracts.
- If the change in the Rules results in introduction of any new charges or increase of the existing ones the Customer being also a Consumer is entitled to withdraw from the contract.
- In cases not regulated in the Rules the general law provisions shall apply, especially: the Polish Civil Code, act on electronic provision of services, act on consumer rights.
- Settlement of disputes:
- Possible disputes arising between Supplier/Provider and Client/Customer being also a Consumer within the meaning of article 221 of the Polish Civil Code shall be settled by appropriate general courts according to the Polish Civil Proceedings Code of 17 November 1964 (J/L of 2016 item 1822 as amended)