Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE METAHUMAN.PL

Effective from April 15, 2023.

 

Introduction

The sale of goods through the online store metahuman.pl (hereinafter referred to as the “Online Store” or “Store”) is conducted by Meta Human Supplements LTD., Company number: 12886777, address: 85, Great Portland, London, W1W 7LT, (hereinafter referred to as the “Seller”). The Seller also provides free electronic services within the Online Store under the terms and in the manner specified in this document.

Contact with the Seller is possible:

by mail at the address: 85, Great Portland, London, W1W 7LT,

via email sent to: office@metahuman.pl,

through the contact form available on the Store’s website.

I. Definitions

The terms used in this document have the following meanings:

Working days – weekdays from Monday to Friday, excluding statutory holidays.

Client – a natural person with full legal capacity, a natural person conducting a sole proprietorship, a legal entity or an organizational unit without legal personality, which special regulations grant legal capacity, who places Orders in the Online Store or on behalf of whom the Seller provides Services electronically.

Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).

Consumer – a consumer within the meaning of Article 22[1] of the Civil Code, being a Client of the Store.

Account – a space in the Online Store designated by the Seller for a given Client, within which the Client can perform specific actions within the Store.

Entrepreneur – an entrepreneur within the meaning of Article 41[1] of the Civil Code, being a Client of the Store.

Terms and Conditions – this document.

Registration – an action performed by the Client within the Store leading to the creation of an Account by the Client.

Goods – a product presented by the Seller in the Online Store, which may become the subject of a Sales Agreement.

Sales Agreement – a sales agreement for Goods as defined in the Civil Code concluded at a distance between the Seller and the Client under the terms specified in the Terms and Conditions.

Service – a service provided electronically by the Seller to the Client under the terms of the Act on electronic provision of services.

Act on Consumer Rights – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827 as amended).

Act on electronic provision of services – the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended).

Order – a declaration of intent submitted to the Seller by the Client indicating the intention to conclude a Sales Agreement, specifying primarily the quantity and type of Goods among those presented in the Store.

 

II. General Provisions

The Terms and Conditions define the general conditions, rules, and method of conducting sales, as well as the principles and conditions for providing Services by the Seller. The Terms and Conditions are continuously available on the website of the Store in a way that allows their reproduction, acquisition, and preservation of their content by saving on a medium at any time.

All rights to the Online Store, including intellectual property rights to its name, internet domain, website, as well as to all kinds of patterns, forms, logos posted on the Store’s pages (except for logos and photos presented in the Store for the purpose of presenting Goods, to which copyright belongs to third parties, in particular manufacturers or distributors) belong to the Seller, and their use may occur only in the manner specified and consistent with the Terms and Conditions and with the Seller’s written consent.

The Seller makes every effort to ensure that Internet users have the opportunity to use the Online Store, i.e., to perform all actions leading to acquaintance with the content of the Store or to perform other actions specified by the Terms and Conditions, using all popular internet browsers, operating systems, types of devices, and types of internet connections.

The minimum technical requirements that enable the use of the Online Store are:

• A computer or mobile device with internet access,
• An internet browser such as Internet Explorer version 11 or newer, Chrome version 66 or newer, Firefox version 60 or newer, Opera version 53 or newer, or Safari version 5 or newer,
• Enabled Javascript support in the browser.

To place an Order, as well as to use some Services in the Store, it is necessary for the Client to have an active email account.

The Seller informs that the public nature of the Internet network and the use of services provided electronically can pose a risk to every Internet user, involving the acquisition and modification of user data by unauthorized persons, as well as the introduction of malicious software into the user’s teleinformation system. To avoid the risk mentioned in the previous sentence, Clients should use appropriate technical means to minimize the indicated threats, in particular, they should use antivirus and identity protection programs for users accessing the Internet, as well as a firewall type network barrier.

III. Principles of Providing Services

Within the operated Online Store, the Seller enables Clients to use free Services, provided by the Seller 7 days a week, 24 hours a day.

The Client has the possibility to create an Account in the Online Store. To create an Account, the Client performs Registration by filling in the fields marked as mandatory available in the interactive registration form presented on the Store’s page and sending this form to the Seller using a dedicated button for this purpose.

The agreement for the provision of Account maintenance Service is concluded for an indefinite period and is terminated at the moment the Client sends a request to delete the Account or when the Client independently deletes the account using the dedicated functionality.

Each Client has the possibility to send messages to the Seller via an interactive form available on the Store’s page. To send a message,The client fills in the fields marked as mandatory, types the message content, and sends the message using a dedicated button. The contract for the service that allows the client to send messages to the Seller via an interactive form is concluded for a fixed period and is terminated when the client sends the message.

The client has the opportunity to use the newsletter service, which involves receiving messages from the Seller containing, in particular, commercial information. To enter into a contract for the newsletter service, the client provides their name and email address in the designated fields, to which they wish to receive messages from the Seller. The client can revoke their consent to receive the newsletter at any time. The contract for the newsletter service is concluded for an indefinite period and is terminated when the client unsubscribes from the newsletter using a dedicated link or when the client requests the deletion of their email address from the newsletter subscription.

Every client who has a profile on social media platforms such as Facebook or Twitter has the opportunity to share information about the goods available in the Store on their social media profiles. For this purpose, the client uses the social features presented in the description of the Goods they want to share. The contract for the service of sharing the Store’s content in the form of information about the Goods on the client’s social media profiles is concluded for a fixed period and is terminated when the client shares the Store’s content. Further management of the shared content is conducted on the service where the client has a profile, on which they have shared information about the Goods. The client may, in particular, delete this information or display it on their profile.

The Seller has the right to organize occasional promotions, discount actions, or contests, the terms of which will be presented on the Online Store’s website. Promotions in the Store are not combinable unless the terms of the promotion state otherwise.

IV. Conclusion of the Sales Agreement

Information about the Goods on the Online Store’s website does not constitute an offer, but an invitation to enter into an Agreement as per Article 71 of the Civil Code.

Goods presented in the Store are brand new and have been legally introduced to the Polish market.

Placing Orders through the Online Store’s website is possible 7 days a week, 24 hours a day.

Orders are placed through the Online Store’s website. To do this, the client selects the Goods they want to include in the Order and their quantity using the interactive functionalities available in the Store. After compiling the Goods, the client selects payment forms and delivery methods, and submits the Order using a dedicated button.

Placing an Order is equivalent to the client making an offer to the Seller to enter into a Sales Agreement in accordance with the content of the Order. Upon receiving the offer, the Seller sends the client a confirmation of the Order placement to the email address provided by the client during the ordering process.

After confirming the Order placement, the Seller sends the client an email to the address provided, informing them that the Order has been accepted for processing, which is equivalent to accepting the client’s offer. From the moment the client receives the message that the Order has been accepted for processing, a Sales Agreement is concluded.

After the conclusion of the Sales Agreement, the Seller confirms the terms of the Agreement to the client, sending them to the client’s email address or in writing to the postal address provided by the client when placing the Order.

The agreement is concluded in Polish and in accordance with the Terms and Conditions.

 

V. Prices and Accepted Payment Methods

Prices of goods listed in the Online Store are given as gross prices. Delivery costs are not included in these prices.

The client may choose the following payment methods for ordered goods:

• Bank transfer to the Seller’s bank account – Order processing begins after the Seller sends a confirmation of Order acceptance to the client, and the shipment is made immediately after the funds are received in the Seller’s bank account and the Order is completed,
• Electronic payment – Order processing begins after the Seller sends a confirmation of Order acceptance to the client, and the shipment is made immediately after the Seller receives information from the payment agent system that the client has made the payment and the Order is completed,
• Cash on delivery, i.e., payment to the entity delivering the Order at the time of delivery, payment to the delivery agent at the time of delivery – Order processing begins after the Seller sends a confirmation of Order acceptance to the client, and the shipment is made immediately after the Order is completed,
• Cash upon personal collection, i.e., payment at the Seller’s personal collection point – Order processing begins after the Seller sends a confirmation of Order acceptance to the client, and the goods are issued at the Seller’s personal collection point.

Through the Online Store’s website, the Seller informs the client of the deadline by which they are obliged to make the payment for the Order.

If the client fails to meet the payment obligation by the deadline mentioned in the above subparagraph, the Seller invites the client to pay, setting an additional deadline for payment and informs that if this deadline passes without effect, the Seller will withdraw from the Sales Agreement. If the deadline specified in the payment reminder passes without effect, the Seller may withdraw from the Agreement under Article 491 of the Civil Code.

VI. Delivery

Delivery of goods is carried out only within the territory of the European Union, to the address specified by the client when placing the Order.

The Seller provides information on the Online Store’s website about the number of working days needed to process the Order, including its delivery, as well as about the delivery fees.

The delivery time for the Order, including its delivery, indicated on the Online Store’s website, is counted in working days according to Section V, Subsection 2 of the Terms and Conditions.

The Seller provides the following forms of delivery of goods:

• Delivery to parcel lockers,
• Delivery via courier,
• Delivery via postal operator.

Depending on the type of goods, particularly their size or special delivery requirements arising from the nature of the goods, the delivery methods indicated in the above subsection may be limited. Current information about possible delivery methods is available on the Store’s website, especially at the stage of placing the Order.

VII. Goods Complaints – Warranty

The Seller undertakes to deliver goods covered by the Order without defects.

The Seller’s liability to the client under the warranty for defects is governed by the provisions of Articles 556 – 576 of the Civil Code. The Seller excludes its liability under the warranty for defects of goods in relation to clients who are Entrepreneurs.

Complaints resulting from the violation of the client’s rights guaranteed by law or by the Terms and Conditions should be directed to the address: 85, Great Portland, London, W1W 7LT, email address: office@metahuman.pl.

To consider a complaint, the client should send or deliver the complained-about goods to the address indicated above. If possible, the client is asked to include proof of purchase with the complained-about goods.

The Seller considers the complaint within 14 days.

In the event of deficiencies in the complaint, the Seller may call the client to supplement the complaint to the necessary extent, specified by the Seller immediately, but no later than within 7 days from the client receiving the request.

 

VIII. Complaints About Services Provided Electronically

The client may report to the Seller complaints regarding improper performance of services, non-performance of services stipulated in the Terms and Conditions, or improper functioning of the Store.

Complaints arising from abnormalities in the functioning of the Store and the provision of services mentioned in the previous subparagraph can be reported to the following address: 85, Great Portland, London, W1W 7LT, or via email at office@metahuman.pl.

In the complaint, the client should provide their first name, surname, correspondence address, and a description of the irregularities encountered.

The Seller will address the complaint within 30 days.

If the complaint is incomplete, the Seller may request the client to complete it to the necessary extent specified by the Seller immediately, but no later than within 7 days from the date the client receives the request.

IX. Exchange of Goods

The client has the option to exchange the goods within 14 days from the day of their delivery.

Exchange requests can be made via the Seller’s email address using the contact details specified in the Introduction of the Terms and Conditions.

An exchange of goods is possible only for items currently available on the Store’s website.

To exchange goods, the client should notify the Seller of the exchange as mentioned above, securely package the shipment, and include proof of purchase. The goods to be exchanged should be sent to the Seller by registered mail, the cost of which is borne by the client. The shipping costs for the new goods to the client are also paid by the client via transfer to the bank account specified by the Seller.

The Seller will contact the client if the goods to be exchanged are no longer available. The client will then be able to choose another item or withdraw from the exchange. If the exchange is withdrawn, the goods will be returned to the client at their cost.

If the exchange is for goods of a lower price, the refund will occur within 14 days using the same payment method that was used by the client at the time of purchase.

If the exchange is for goods of a higher price, the Seller will proceed with the exchange after receiving payment for the price difference.

Only undamaged, clean goods that show no signs of use are eligible for exchange.

The Seller reserves the right to refuse an exchange if the goods do not meet the conditions specified in item 8 above.

X. Right to Withdraw from the Agreement

A consumer who has entered into a Sales Agreement has the right to withdraw from this Agreement within 14 days without giving any reason.

The period mentioned in the previous subparagraph begins with the delivery of the goods—in the case of a Sales Agreement, and on the day the service agreement is concluded.

To make a declaration of withdrawal from the Agreement, the consumer may use the model withdrawal form, but it is not obligatory. To meet the deadline, it is sufficient to send the statement before it expires. The Seller immediately confirms to the Consumer the receipt of the form submitted via the Store’s website.

In the event of withdrawal from the Sales Agreement, the agreement is considered as not concluded.

If the Consumer makes a declaration of withdrawal from the Sales Agreement before the Seller has accepted their offer, the offer ceases to bind.

In the case of withdrawal from the Agreement, the agreement is considered as not concluded. What the parties have provided is to be returned unchanged, unless a change was necessary to establish the nature, characteristics, and functioning of the goods.

The Seller is obliged to immediately, no later than within 14 days from the day of receiving the Consumer’s statement of withdrawal from the Agreement, refund all payments made by the Consumer, including the cost of delivering the goods. The Seller will make the refund using the same method of payment used by the Consumer unless the Consumer agrees to another method of refund, which will not involve any cost for the Consumer.

The Seller may withhold the refund until the goods are returned or until the Consumer provides proof of having sent the goods back, whichever event occurs first.

If the Consumer, in exercising their right to withdraw from the Agreement, had chosen a method of delivery of the goods other than the cheapest standard delivery method offered by the Seller, the Seller is not required to refund the additional costs incurred by the Consumer.

The Consumer is required to return the goods to the Seller immediately, but not later than within 14 days from the day they withdrew from the Agreement. To meet the deadline, it is sufficient to send the goods back to the Seller before this period expires.

In the event of withdrawal from the Agreement, the Consumer bears only the direct costs of returning the goods.

The right to withdraw from the Agreement by the Consumer is excluded in cases such as:

• Services fully performed by the Seller with the Consumer’s explicit consent, who was informed before the service commenced that they would lose their right to withdraw from the Agreement upon completion of the service,
• Agreements where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the withdrawal period ends,
• Agreements where the subject of the service is non-prefabricated goods made to the Consumer’s specifications or intended to meet their personalized needs,
• Agreements where the subject of the service is goods that deteriorate quickly or have a short shelf life,
• Agreements where the subject of the service is sealed goods which are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery,
• Other specified exceptions including services related to leisure activities, digital content not supplied on a tangible medium, and public auctions.

XI. Alternative Dispute Resolution and Claims Procedures

A client who is a consumer has the following options for non-judicial resolution of complaints and claims:

• They are entitled to request the permanent consumer arbitration court at the Trade Inspection Authority to settle a dispute arising from the Sales Agreement;
• They can approach the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings for the amicable resolution of the dispute between the client and the Seller;
• They can obtain free assistance in resolving the dispute between the client and the Seller, also using the free help of the county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation via the free consumer hotline 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
• They can submit their complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

XII. Rights and Obligations

It is prohibited to use the resources and functions of the Online Store for the client to engage in activities that would violate the Seller’s interests, i.e., particularly in advertising another business or product, posting content unrelated to the Seller’s activities, or posting false or misleading content.

The client is particularly obligated to:

• Not deliver and transmit content prohibited by law, e.g., content promoting violence, defamatory or violating personal rights and other rights of third parties,
• Use the Online Store in a way that does not disrupt its functioning, particularly through the use of specific software or devices,
• Not engage in actions such as sending or posting unsolicited commercial information (spam) within the Online Store,
• Use the Online Store in a way that is not burdensome for other clients and for the Seller,
• Use all contents posted within the Online Store only for personal use,
• Use the Online Store in accordance with the laws of the Republic of Poland, the provisions of these Terms and Conditions, and the general rules of using the Internet.

It is forbidden for clients to post content while using the Services referred to in Section III of the Terms and Conditions, which could particularly:

• Be posted in bad faith, e.g., with the intent to violate the personal rights of third parties,
• Violate any third party rights, including those related to copyright and related rights, industrial property protection, business secrets, or confidentiality obligations,
• Contain personal data of third parties or distribute the image of third parties without the required legal permission or consent of the third party,
• Be offensive or constitute a threat to others, contain language that violates good manners (e.g., using profanities or terms generally considered offensive),
• Otherwise violate the provisions of the Terms and Conditions, good manners, applicable laws, social or customary norms.

In case of a breach of these Terms and Conditions by the client, the Seller, after an ineffective prior request to cease or remove the violations, with a set appropriate deadline, may terminate the service agreement with a 14-day notice period.

XIII. Personal Data Protection

The Seller processes clients’ personal data in accordance with applicable regulations and the principles set forth in the Privacy Policy available on the Store’s website.

XIV. Final Provisions

Provisions concerning consumers contained in these Terms and Conditions regarding withdrawal from the Agreement and the warranty for goods defects, excluding provisions about alternative dispute resolution and claims procedures, apply to an individual conducting a sole proprietorship who has concluded a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, particularly based on the nature of their business activity disclosed under the Central Registration and Information on Business.

The resolution of any disputes arising between the Seller and the client who is a consumer will be subject to the courts in accordance with the provisions of the relevant civil procedure code.

The resolution of any disputes arising between the Seller and the client who is an entrepreneur will be subject to the court appropriate due to the Seller’s seat.

All clients will be informed of any changes to these Terms and Conditions through information on the homepage of the Online Store, which will include a summary of the changes and the date they take effect. Clients with an account will additionally be informed of the changes along with their summary via their specified email address.

The effective date of the changes will not be shorter than 14 days from the day they are announced.

If a client with an account does not accept the new content of the Terms and Conditions, they must notify the Seller of this fact within 14 days from the date of being informed about the change of the Terms and Conditions. Notifying the Seller about the non-acceptance of the new Terms and Conditions results in the termination of the service agreement for maintaining the Account.