TERMS AND CONDITIONS
OF THE ONLINE STORE

shop.body-works.pl

§1

GENERAL PROVISIONS

1. The shop shop.body-works.pl operates according to the rules specified in these Terms and Conditions.
2. The Terms and Conditions determine the conditions for concluding and terminating Product Sales Agreements, the procedure for handling complaints, as well as the types and scope of electronic services provided by the shop.body-works.pl store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
3. Each Service Recipient, from the moment of taking actions aimed at using the Electronic Services of the shop.body-works.pl store, is obliged to comply with the provisions of these Terms and Conditions.
4. In matters not regulated in these Terms and Conditions, the following provisions shall apply:
   1. Act on the provision of electronic services of July 18, 2002,
   2. Consumer Rights Act of May 30, 2014,
   3. Act on out-of-court resolution of consumer disputes of September 23, 2016,
   4. Civil Code of April 23, 1964, and other relevant provisions of Polish law.

§2

DEFINITIONS INCLUDED IN THE TERMS AND CONDITIONS

1. ORDER FORM – a form available on the website shop.body-works.pl enabling the placement of an Order.
2. CLIENT – Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER – a natural person who performs a legal transaction with an entrepreneur not directly related to their economic or professional activity.
4. ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality, which the law grants legal capacity, conducting business or professional activity on its own behalf.
5. PRODUCT – a movable item available in the Store, which is the subject of a Sales Agreement between the Client and the Seller.
6. TERMS AND CONDITIONS – these terms and conditions of the Store.
7. STORE – the online store of the Service Provider operating at the address shop.body-works.pl.
8. SELLER, SERVICE PROVIDER – BODY WORKS Sp. z o.o. Sp. k.

Registered in the Register of Entrepreneurs kept by the District Court of the Capital City of Warsaw, 13th Economic Department of the National Court Register, under KRS number 0000729345.

• SALES AGREEMENT – a Sales Agreement for a Product concluded between the Client and the Seller through the Store.
• ORDER – the Client’s declaration of intent, constituting an offer to conclude a Sales Agreement for a Product with the Seller.
• PRICE – the value expressed in monetary units that the Client is obliged to pay to the Seller for the Product.

§3

INFORMATION REGARDING PRODUCTS AND THEIR ORDERING

1. The shop.body-works.pl Store conducts the sale of Products via the Internet.
2. The Products offered in the Store are new, in accordance with the agreement, and have been legally introduced to the Polish market.
3. The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specific Product on the terms provided in its description.
4. The Price of the Product displayed on the Store’s website is stated in Polish zloty (PLN) and includes all components. The Price does not include delivery costs.
5. Orders can be placed through the website using the Order Form (Shop shop.body-works.pl) – 24 hours a day, all year round.
6. The condition for placing an Order in the Store by the Client is to familiarize themselves with the Terms and Conditions and accept its provisions at the time of placing the Order.

§4

CONCLUSION OF THE SALES AGREEMENT

1. To conclude a Sales Agreement, it is necessary for the Client to submit an Order to the Seller in advance, using the method provided, in accordance with § 3 points 5 and 6 of the Terms and Conditions.
2. After placing an Order, the Seller promptly confirms its receipt.
3. The confirmation of receiving the Order, as referred to in point 2 of this paragraph, binds the Client with their Order. The confirmation of receiving the Order is sent via email.
4. The confirmation of receiving the Order includes:
   1. confirmation of all essential elements of the Order,
   2. a withdrawal form,
   3. these Terms and Conditions containing information about the right to withdraw from the agreement.
5. Upon receiving the email message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Client and the Seller.
6. Each Sales Agreement will be confirmed by a purchase receipt, which will be included with the Product.

§5

METHODS OF PAYMENT

1. The Seller provides the following methods of payment:
   1. traditional bank transfer to the Seller’s bank account,
   2. payment through an electronic payment system.
2. In the case of a traditional bank transfer, the payment should be made to the bank account number: 10 1050 1012 1000 0090 3175 7918. The transfer title should include “Order No. …”.
3. In the case of payment through an electronic payment system, the Client makes the payment before the commencement of order fulfillment. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
4. The Client is obliged to make the payment for the price under the Sales Agreement within 14 business days from the date of its conclusion unless the Sales Agreement states otherwise.
5. The Product will be shipped only after the payment has been made.

§6

COST, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY

1. The delivery costs of the Product, which are covered by the Client, are determined after placing the Order.
2. The delivery time of the Product consists of the time required to complete the Product and the time required for delivery by the carrier:
   1. The time required to complete the Products is determined individually.
   2. The delivery of movable goods by the carrier takes place within a specified period after the order has been paid.
3. The purchased Products from the Store are delivered after individual arrangements.

§7

PRODUCT COMPLAINT

1. Complaint regarding non-compliance of the Product with the agreement.

   1. The basis and scope of the Seller’s liability towards a Consumer Customer for non-compliance of the Product with the agreement are determined by the Act on Consumer Rights of May 30, 2014.

   2. The basis and scope of the Seller’s liability towards a Business Customer for warranty are determined by the Civil Code of April 23, 1964.

   3. The Seller is liable towards a Consumer Customer for non-compliance of the Product with the agreement existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on its behalf is longer.

   4. Notifications of non-compliance of the Product with the agreement and submission of the relevant claim can be made via email to: info@body-works.pl or in writing to: Body Works, ul. M. Sobczaka 41, 01-492 Warszawa.

   5. In the above message, whether in written or electronic form, please provide as much information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of the irregularity, as well as contact details. The provided information will greatly facilitate and expedite the consideration of the complaint by the Seller.

   6. For the assessment of irregularities and non-compliance of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.

   7. The Seller will respond to the Customer’s request without undue delay, no later than within 14 days from the moment of complaint submission.

   8. In the case of a complaint from a Consumer Customer, failure to consider the complaint within 14 days from its submission is tantamount to accepting it.

   9. In the event of a justified complaint from a Consumer Customer, the Seller will:

1. The Seller covers the costs of repair or replacement and re-delivery of the Product to the Customer.

2. The Seller reduces the price of the Product (the reduced price must be in proportion to the price of the goods in accordance with the agreement to the goods not in accordance with the agreement) and refunds the Consumer the value of the reduced price no later than within 14 days from receiving the Consumer’s statement of price reduction.

3. In the event of withdrawal from the agreement by the Consumer, the Seller refunds the price of the Product no later than within 14 days from the date of receiving the returned goods or evidence of their return. In the case of withdrawal from the agreement, the Consumer is obliged to return the goods to the Seller at the Seller’s expense.

1. 10. The response to the complaint is provided on paper or another durable medium, e.g., email or SMS.

§8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer and has concluded a distance contract may withdraw from the contract without stating a reason by submitting a relevant statement within 14 days.
2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. It is sufficient to return the Product before the expiry of this period.
3. In the case of withdrawal from the Sales Agreement, please contact the store’s customer service.
4. The Consumer is liable for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product unless the Seller has not informed the Consumer or the entity referred to in § 10 about the manner and deadline for exercising the right of withdrawal or has not provided them with a withdrawal form. In order to determine the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect them in the same way as they could in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not entail any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, but no later than within 14 days from the receipt of the Consumer’s statement of withdrawal from the Sales Agreement by the Seller.
6. If the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. If the Seller has not offered to collect the Product themselves, they may withhold the refund of the payments received from the Consumer until they have received the goods back or until the Consumer has provided proof of sending it back, whichever occurs first.
8. The Consumer who withdraws from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer may withdraw from the agreement is counted for an agreement under which the Seller delivers the Product and is obliged to transfer its ownership – from the day on which the Consumer (or a third party other than the carrier indicated by them) takes possession of the Product.
10. The right of withdrawal from a distance contract does not apply to the Consumer in the case of, among others, a Sales Agreement for goods that are non-prefabricated and have been manufactured according to the Consumer’s specifications or are clearly personalized.
11. The right of withdrawal from the Sales Agreement is granted to both the Seller and the Customer in the event of non-performance by the other party to the contract within a strictly defined deadline.

§9

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of the Electronic Service, which is the conclusion of Sales Agreements for Products, through the Store.
2. The provision of Electronic Services to Service Recipients in the Store is carried out on the terms specified in the Regulations.
3. The Service Provider has the right to place advertising content on the Store’s website. These contents are an integral part of the Store and the materials presented in it.

§10

CONDITIONS FOR THE PROVISION AND CONCLUSION OF ELECTRONIC SERVICES

1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
2. The agreement for the provision of the Electronic Service, consisting of enabling the placement of an Order in the Store, is concluded for a specified period and is terminated upon placing the Order or ceasing its submission by the Service Recipient.
3. The technical requirements necessary to cooperate with the teleinformation system used by the Service Provider are:
   1. a computer (or mobile device) with Internet access,
   2. access to an email account,
   3. an internet browser,
   4. enabling Cookies and JavaScript in the internet browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, respecting personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to provide data that is consistent with the actual state of affairs.

1. The Service Recipient is prohibited from providing content of an unlawful nature.

§11

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. The Service Recipient may submit complaints related to the provision of the Electronic Service through the Store via email to the address: info@body-works.pl
2. In the above-mentioned email, it is necessary to provide as much information and details regarding the subject of the complaint, in particular the type and date of the irregularity, as well as contact information. Providing such information will significantly facilitate and expedite the handling of the complaint by the Service Provider.
3. The Service Provider shall handle the complaint immediately, no later than within 14 days from the date of its submission.
4. The Service Provider’s response to the complaint is sent to the Service Recipient’s email address provided in the complaint notification or in another manner indicated by the Service Recipient.

§12

FINAL PROVISIONS

1. Agreements concluded through the Store are governed by Polish law.
2. In the event of any inconsistency between any part of the Regulations and the applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Consumers shall be resolved, in the first instance, through negotiation with the intention of amicably settling the dispute, taking into account the Act on Out-of-Court Consumer Dispute Resolution. If, however, this is not possible or satisfactory for either party, the disputes shall be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Any disputes between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be subject to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
5. The Customer who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by a consumer arbitration court after completing the complaint procedure (the application form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Pursuing claims through out-of-court methods after completing the complaint procedure is free of charge.
6. In order to amicably settle disputes, the Consumer may, in particular, submit a complaint through the ODR (Online Dispute Resolution) internet platform available at: http://ec.europa.eu/consumers/odr.