Store Policy

TERMS AND CONDITIONS OF PROVISION AND USE OF THE SERVICE WWW.NUTRIVIAPHARM.COM

DEFINITIONS
1. Price – total price for the Order including the price of the Product(s), packaging and delivery.
2. Order Form - an electronic form available on the Website for placing Orders by adding a Product(s) to cart and specifying the terms of the Agreement.
3. Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or organisational unit whose special provisions of law grant a legal capacity, who places an order within the Website nutriviapharm.com or uses other Services available on the Website. The Customer may also be a Consumer.
4. Consumer – a natural person who enters into a legal transaction with the Seller that is not directly related to his or her business or professional activity;
5. Product – available product that is the subject of the Agreement between the Customer and the Seller, in particular dietary supplements within the meaning of the Act of 25 August 2006 on food and nutrition safety. Dietary supplements do not constitute a medicinal product and do not constitute a substitute for medicinal products prescribed to the Customer by a doctor.
6. Entrepreneur – A Customer who is an entrepreneur within the meaning of Article 43¹ of Polish Civil Code;
7. T&C – Terms and conditions of the Website nutriviapharm.com;
8. Website – online store available at: nutriviapharm.com, together with all subpages constituting its parts, through which Nutrivia Pharm offers and sells its Products to Customers;
9. Seller/Nutrivia Pharm – NUTRIVIA PHARM sp. z o.o. with its registered seat in Warsaw, at ul. Mokotowska 43/406, 00-551 Warsaw, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0001073294, REGON: 527112432, NIP: 7011177970, with the share capital of PLN 5,000.00;
10. Agreement – a sales contract within the meaning of the Polish Civil Code, concluded between the Customer and the Seller using means of distance communication;
11. Service – electronic services provided by the Seller via this Website;
12. Order – Customer’s declaration of will, directly aimed at concluding the Agreement, in particular specifying the type and number of products.

GENERAL PROVISIONS
1. T&C define the general terms and conditions of sale of the Product, the complaint procedure and the returns policy on the Website, including the terms and conditions of use of the Website. nutriviapharm.com.
2. The owner and administrator of the Website nutriviapharm.com is Nutrivia Pharm.
3. The Agreement is concluded between the Customer and Nutrivia Pharm.
4. Provisions of the Agreement less favourable to the Consumer than the provisions of the Polish Consumer Rights Act are invalid, and the provisions of the Polish Consumer Rights Act shall apply in their place. The provisions of the T&C are not intended to exclude or limit any rights of Consumers under mandatory provisions of law, and any possible doubts should be resolved to the consumer's benefit. In the event of any inconsistency of the provisions of T&C with the above provisions, the provisions of generally applicable law always take precedence.
5. T&C, as an electronic contract model, binds Customers in accordance with Article 384 § 2 i 4 of the Polish Civil Code.
6. T&C is continuously available on the Website nutriviapharm.com, in a way that enables downloading, reproducing and recording its content by printing or saving on a medium at any time.
7. Nutrivia Pharm informs Customers that due to the public nature of the Internet, through which it provides Services electronically, the use of these Services may be associated with the risk of third-party interference in the transmission of data sent via the Internet between Nutrivia Pharm and the Customer. To avoid the risk of threats, the Customer should use appropriate technical measures that will minimise their occurrence, in particular antivirus programs and a firewall.
8. Contact with Nutrivia Pharm is possible via:
9. Nutrivia Pharm reserves that during the period of maintenance work on teleinformatic systems, access to the Services provided electronically within the Website nutriviapharm.com may be difficult or impossible. Nutrivia Pharm makes every effort to ensure that such difficulties occur as rarely and for as short a time as possible.
10. The layout and content of the nutriviapharm.com Website and all other content and materials made available to Customers as part of the Nutrivia Pharm Services are the property of Nutrivia Pharm and are protected under the Act of 4 February 1994 on copyright and related rights.
11. All information contained on the Website is for informational purposes only and does not constitute or replace medical or pharmaceutical advice.
12. Nutrivia Pharm reserves the right to not be responsible for the Customer’s health contraindications to the use of dietary supplements. The customer should consult with his doctor before starting to use the Products offered by Nutrivia Pharm. The Customer acknowledges that dietary supplements are not a medicinal product nor a substitute for medicinal products prescribed to the Customer by a doctor.
TERMS OF USE OF NUTRIVIAPHARM.COM
1. Using the Website means any action by the Customer that leads to him/her becoming familiar with the content therein.
2. The necessary condition for using the nutriviapharm.com Website is to meet all of the following minimum technical requirements:
3. The Customer may be any adult person with full legal capacity, as well as a natural person conducting business activity, a legal person or an organisational unit without legal personality, with legal capacity.
4. The Customer is obliged to provide Nutrivia Pharm with only true data concerning his/her person. The Customer is obliged to update his/her data each time it changes. The Customer is responsible for any negative consequences of providing false data or failure to update data.
5. The Customer is obliged to use the nutriviapharm.com Website only in accordance with the T&C, applicable laws and general principles of using the network and performing activities via it. The Customer is obliged in particular to use the Website in a way that does not disrupt its functioning, through the use of specific software or devices.
6. When using the nutriviapharm.com Website, the Customer is not allowed to use content of an illegal nature, including content that violates the rights of Nutrivia Pharm or third parties, including also content that is offensive, vulgar or obscene, contrary to the principles of social coexistence or good manners.
SERVICES OF NUTRIVIAPHARM.COM
1. Nutrivia Pharm Services provided via the Website consist of:
2. The provision of the above-mentioned Services by Nutrivia Pharm is free of charge.
3. The products offered at nutriviapharm.com belong to the category of dietary supplements – functional mousses and vitamin jellies.
  The Website provides detailed information about the types of products offered, their composition, weight/capacity, as well as the nutritional value of the products in appropriate tabs on the Website's home page.
4. The prices of the Products are specified on the nutriviapharm.com Website directly next to the Products. The Prices of the Products are given in Polish zloty (PLN) and are gross prices, which means that the Price includes the goods and services tax (VAT). The Price does not include delivery costs.
5. In the case of Products offered for sale or covered by a discount, next to the information about the sale or discount for the Product, Nutrivia Pharm displays the lowest Price for this Product that was valid in the period of 30 days before the introduction of the sale or discount, and if the Product is offered for sale for a period of less than 30 days - Nutrivia Pharm displays the lowest Price for the Product that was valid in the period from the date on which this Product was first offered for sale to the date of the introduction of the promotion or discount.
6. Nutrivia Pharm reserves the right to temporarily or permanently change the parameters of Nutrivia Pharm Services, including introducing new types of Products to the offer and withdrawing previously offered types of Products.

TERMS OF PLACING ORDERS BY CUSTOMERS
1. By using the Nutrivia Pharm Services, the Customer may place orders for Products via a special order panel available on the Website nutriviapharm.com.
2. Announcements, advertisements, price lists and other information about the Products posted on the Website, in particular their descriptions, properties, technical and utility parameters and Prices do not constitute an offer within the meaning of the law, but an invitation to conclude an Agreement within the meaning of Article 71 of the Polish Civil Code.
3. In order to purchase Products, the Customer should:
4. The Customer who wishes to receive a VAT invoice for the placed Order is obliged to inform the Seller about this in the Order Form by indicating the data for which the Seller should issue a VAT invoice.
5. Nutrivia Pharm reserves the right to additionally verify the Customer's data, e.g. by telephone.
6. After placing an order, the Customer will immediately receive an e-mail confirming the placed Order to the e-mail address provided in the Order Form. The e-mail constitutes a confirmation of the conclusion of the Agreement between Nutrivia Pharm and the Customer.
7. Until the "Buy and pay" button is clicked, the Customer may modify the Order in the cart, in particular in scope of the selection of the Product(s), payment methods (subject to their availability) and data indicated in the Order Form.
8. The Customer undertakes to pay for the ordered Products the Price specified in the Order Form and the email summary of the Order. Before finalising the Order, the total costs that the Customer is obliged to pay together with applicable taxes and the costs of delivering the Product(s) are displayed.
9. The Price indicated during the Order placement is binding at the time the Order is placed by the Customer.
10. The Agreement is concluded when the Customer uses the button: "Buy and pay".
11. To the extent that the Customer is not a Consumer, the Customer has no right to withdraw from the Agreement under the Act of 30 May 2014 on Consumer Rights.
CONDITIONS OF ACCEPTING AND PROCESSING ORDERS VIA THE WEBSITE
1. Orders are accepted on the website nutriviapharm.com 7 days a week, 24 hours a day.
2. Nutrivia Pharm reserves that the order acceptance schedule may change during holiday periods.
3. The Orders are fulfilled within the territory of the Republic of Poland and the European Union.
4. The deliveries are fulfilled within 2 working days from the order.
5. Deliveries of Orders are carried out by courier companies or logistics operators selected by the Seller and indicated each time in the Order Form.
6. The cost of delivery of the Order is indicated each time in the Order Form.
7. Nutrivia Pharm has no influence on the days and hours of delivery of the Order. The delivery date depends on the terms and conditions of courier companies and logistics operators available on the websites of the indicated entities.
8. Nutrivia Pharm undertakes to fulfill the Order in accordance with the product specifications presented on the website nutriviapharm.com
9. Direct contact between the Customer and Nutrivia Pharm is possible via e-mail to the e-mail address:
10. contact@nutriviapharm.com or by phone: +48 733 111 302

PAYMENT METHODS
1. The Customer is obliged to pay the Price for the ordered Products via the imoje payment plugin (provided by ING Bank Śląski) available on the nutriviapharm.com Website or via another payment method offered at a given time on the website by Nutrivia Pharm.
2. Nutrivia Pharm reserves the right to temporarily or permanently change the payment methods available on the Website.
3. The Order is processed by the Seller when the payment is credited to the Seller's account or when the Seller receives information about the payment via the imoje
4. The Seller reserves the right to refuse to process the Order in the event of:
5. The Seller informs that the Service covering the purchase of Products is related to each Order that has been paid for and that it is not possible to credit a given Order towards other obligations of the Customer or towards the obligations of another Customer.

PERSONAL DATA
1. Nutrivia Pharm attaches great importance to the protection of privacy and treats Customers' data with care and taking into account the obligations arising from the applicable provisions on the protection of personal data, in particular the General Data Protection Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: GDPR).
2. The controller of the Customer’s personal data and at the same time the entity collecting the personal data is the Seller, NUTRIVIA PHARM Sp. z o.o. with its registered seat in Warsaw (00-551), 43/406 Mokotowska Str., POLAND, NIP (Tax ID no.): 7011177970.
3. Contact with the data controller is possible at the following e-mail address: dane@nutriviapharm.com
4. The processing of personal data will take place for the purposes, to the extent and under the principles specified in thePrivacy Policy available on the Website.
5. Nutrivia Pharm declares that personal data will be processed by the Controller for the duration of the provision of Services based on the T&C, until the Agreement is terminated or the Customer submits a statement of withdrawal of consent to the processing of personal data (to the extent possible under applicable law) or for the maximum period permitted by law.
6. The Customer has the right to access the content of his/her data and to rectify, delete, limit processing, transfer and object.
7. The consent expressed by the Customer may be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of the processing of personal data, which was carried out on the basis of the consent expressed by the Customer before its withdrawal. The declaration of withdrawal of consent to the processing of personal data should be sent to the email address: dane@nutriviapharm.com
8. The customer has the right to lodge a complaint with the President of the Personal Data Protection Office if he or she considers that the processing of his or her personal data violates the provisions of the GDPR.
9. Customer data will not be transferred to a third country/international organisation.
10. Providing data is voluntary, but failure to provide it will result in the inability to provide Services by Nutrivia Pharm and to conclude the Agreement - placing an Order on the Website.
11. Nutrivia Pharm uses technical and organisational measures aimed at the best possible protection of collected personal data against unauthorised access or improper use by unauthorised persons.
12. The technical measures used are modernised along with the development of new technologies, needs, as well as available security methods. The organisational measures used ensure that only authorised persons have access to personal data in the company structure.

WITHDRAWAL AND COMPLAINT PROCEDURE
1. The Consumer may withdraw from the Agreement without giving a reason for withdrawal and without incurring any costs, except for the costs specified in point 9.6 within 14 days from the day on which the Consumer or a third party indicated by him/her (other than the carrier) came into possession of the ordered Product(s).
2. The Consumer may withdraw from the Agreement by sending the withdrawal form constituting Appendix no. 1 to these T&Cs, at the Consumer's discretion:
3. The above-mentioned manner of expressing the declaration of will to withdraw from the Agreement does not exclude the submission of such a declaration in another way (for example in the form of a letter sent by post or e-mail), provided that it expresses the will of the Consumer in a sufficient and unambiguous manner.
4. In the event of withdrawal from the Agreement by the Consumer, the Seller shall immediately, but no later than within 14 days from the date of receipt of the declaration of withdrawal, return all payments made by him/her.
5. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him.
6. Possible costs related to the Consumer's withdrawal from the Agreement, which (s)he is obliged to bear, include:
7. The Consumer is obliged to immediately, but no later than within 14 days of withdrawal from the Agreement, return the Product covered by the withdrawal from the Agreement to the address indicated in point 9.2.2. of the T&C. To meet this deadline, it is sufficient to send the shipment with the Product before its expiry.
8. The Consumer shall not bear the cost of returning the Product to the Seller, provided that the Consumer contacts the Seller at the email address indicated in point 9.2.1 of the T&C, within 10 days of withdrawal from the Agreement, for information on how to return the Product free of charge. The Seller reserves the right to determine the exclusive method of returning the Product, for which the Consumer shall not bear the cost. In the event that the Consumer does not accept the method of returning the Product indicated by the Seller, (s)he is obliged to return the Product at his or her own expense within 14 days of withdrawal from the Agreement.
9. The Seller has the right to withhold the refund of payment for the Product until the Product is received.
10. The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product. In order to determine the nature, characteristics and functioning of the Product, the Consumer should handle and check the Product only in the same way as (s)he could do it in a stationary store.
11. The right to withdraw from the Agreement does not apply to the Consumer in the cases referred to in Article 38 of the Consumer Rights Act, in particular if the subject of the Agreement is an item that spoils quickly or has a short shelf life or the item is delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery. In particular, for health protection reasons, the right to withdraw from the Agreement does not apply to the Consumer in a situation where after receiving the Product(s), the Consumer opened the package in which the Product is directly located.
12. Complaints submitted in connection with the Customer's detection of a Product defect may be submitted in writing, at the Customer's discretion:
13. The complaint should include the name, surname and postal address of the Customer submitting the complaint, the Order number to which it relates and the delivery date, if the complaint concerns a specific Order, as well as a description of the subject of the complaint, including the specification of the request, its justification and the signature of the person submitting the complaint.
14. The complaint will be considered within 14 days of its receipt, and the Customer who submitted it will be informed about the Seller's position by email sent to the email address provided by the Customer and used by the Customer for correspondence in connection with Nutrivia Pharm Services.
15. If the Seller does not respond within the above deadline, the complaint should be deemed to have been accepted.
16. If the complaint is accepted, the Seller undertakes to agree on the date and method of repairing the Product or replacing the Product with a defect-free one, and if this is not possible - to reduce the Price.
17. In the case of Agreements concluded between the Seller and Entrepreneurs, the Seller's statutory liability (rękojmia) is excluded.
FINAL PROVISIONS
1. Nutrivia Pharm reserves the right to make changes to the T&C for important reasons related to, among others, changes to:
2. The Customer will be informed about any changes to the T&C within the information on the main page of the Website containing the date of their entry into force. This date will not be shorter than 14 days from the date of its announcement.
3. Changes to the T&C will not affect Orders placed before the changes were made. Such Orders will be fulfilled according to the rules in force on the day they were placed.
4. In matters not regulated in the T&C, the provisions of Polish law shall apply.
5. If any provision of the T&C proves to be or is recognized by a final court decision to be invalid, all other provisions of the T&C shall remain in force.

Appendix no. 1 to T&C

CONSUMER WITHDRAWAL FORM

……………………………….

(place, date)

………………………………
(full name of the Consumer)

………………………………

(address)

………………………………
(email address)

NUTRIVIA PHARM sp. z o.o.
43/406 Mokotowska Str.
00-551 Warsaw
POLAND

NIP: 7011177970

DECLARATION OF WITHDRAWAL FROM THE AGREEMENT

I, the undersigned, in accordance with Article 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), hereby withdraw from the agreement regarding order number:

………………………………………..
(order number)

in scope of the following product(s):

Name of the product	Quantity	Price

Returned Product(s) together with the completed form should be sent to the following address: Ul. Mokotowska 43/406, 00-551 Warszawa.

I declare that I am familiar with the conditions for returning products specified by law and the seller's T&C.

…………………………………………

(legible signature)