Terms of service

Terms and Conditions

Good morning!

First, our full registration details as a seller and service provider: NMM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Krakow, ul. Bocheńska 3/17, 31-061 Krakow, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Krakow-Śródmieście, 11th Commercial Division of the National Court Register, under KRS number: 0000982292, share capital: PLN 50,000.00, NIP (Tax Identification Number): 6762621979, REGON (National Business Registry Number): 522588905.

Below you will find the terms and conditions, which contain information on, among other things, the rules of operation of the website, the method of placing an order leading to the conclusion of a contract, details regarding the performance of the concluded contract, types of payment available on the website, the procedure for withdrawing from the contract and the complaint procedure.

If you have any comments, questions or concerns, please contact us at kontakt@vitalers.com or +48 12 312 06 54. Our customer service department is open Monday to Friday from 8:00 a.m. to 4:00 p.m. and on Saturdays from 10:00 a.m. to 2:00 p.m.

Best regards and happy shopping!

The Vitaler's website team

Table of contents

1. Definitions

2. Preliminary provisions

3. Electronic services related to the Website

4. Website Content

5. User Account

6. Placing an Order and Concluding a Contract

7. Pre-sale

8. Price and Payments

9. Execution of an Order for Goods

10. Subscription to the Newsletter in order to receive Digital Content

11. Withdrawal from the Consumer Contract or PNPK without giving a reason

12. Warranty for defects and liability for the conformity of the Goods with the Contract

13. Replacement or repair of Goods not in conformity with the Contract

14. Price reduction or withdrawal from the Contract in the event of Goods not complying with the Contract

15. Liability for the conformity of Digital Content with the Contract

16. Bringing Digital Content into conformity with the Contract

17. Transfer of User Content

18. Moderation of User Content

19. Reporting User Content

20. Sanctions for unacceptable User Content

21. Appeals

22. Opinions

23. Personal data and cookies

24. Intellectual property rights

25. Out-of-court methods of handling complaints and pursuing claims

26. Complaints and requests

27. Final provisions

§ 1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

1. Price – the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Product;

2. GPSR – Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC;

3. Discount Code – a unique code (string of characters) that can be used by the Buyer to reduce the Price;

4. Consumer – a natural person who concludes a Contract with the Seller that is not directly related to their business or professional activity;

5.User Account – a set of resources and rights within the Website's ICT system assigned to a specific Buyer;

6. Buyer – a natural person, legal person or organisational unit with legal capacity, in particular a Consumer or PNPK;

7. Newsletter – e-mails containing information about news, promotions or Products related to the Website;

8. Product – Goods or Voucher;

9. Entrepreneur with consumer rights (PNPK) – a natural person who concludes a Contract with the Seller directly related to their business activity, when the content of the Contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity;

10. Pre-sale — the process of the Seller collecting orders for Products that will be available for sale from a specified date and concluding Contracts before the planned date of the Products' release for sale;

11. Terms and Conditions — the terms and conditions of the Vitaler's website, available at https://vitalers.com/policies/terms-of-service;

12. Website – the website operating at vitalers.com and its extensions;

13. Seller – NMM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Krakow, ul. Bocheńska 3/17, 31-061 Krakow, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Krakow -Śródmieście, 11th Commercial Division of the National Court Register, under KRS number: 0000982292, share capital: PLN 50,000.00, NIP: 6762621979, REGON: 522588905;

14. Goods – movable items offered by the Seller in the Store, including TzEC;

15. Goods with Digital Elements (GDE) – Goods offered by the Seller, containing Digital Content or a Digital Service, without which the Goods cannot function properly. Digital Content or Digital Services may be provided by the Seller or a third party;

16. Outlet Goods – Goods in relation to which the Buyer has been expressly informed that a specific feature of the Goods deviates from the typical requirements of compliance with the Contract, e.g. in terms of completeness, quality, functionality, etc.;

17. Digital Content – data produced and delivered in digital form;

18. User Content – any information provided by the Buyer for storage at the Buyer's request in the Website's ICT system, or for publication on the Website, e.g. additional, voluntary information provided in the User Account, comments or opinions about the Product;

19. Agreement – an agreement concluded between the Seller and the Buyer, the subject of which is the sale of Goods or the delivery of Digital Content;

20. Electronic Services – all services provided electronically by the Seller to the Buyer via the Website;

21. Voucher – a unique code (string of characters) that can be used by the Buyer to pay the Price or part of the Price;

§ 2. Preliminary provisions

1. The Seller provides Electronic Services and sells Products via the Website. The Buyer may purchase Products indicated on the Website or specified in the Pre-sale.

2. The Website is not intended for concluding Agreements between Buyers.

3. The Terms and Conditions set out the rules and conditions for using the Website, as well as the rights and obligations of the Seller and Buyers.

4. The Seller has designated an electronic contact point related to the Website for direct communication with the authorities of Member States, the Commission, and the Digital Services Council: kontakt@vitalers.com. The same contact point may be used by the Buyer for direct and rapid communication with the Seller. Communication may be conducted in Polish or English.

§ 3. Electronic Services related to the Website

1. The Seller provides the Buyer with Electronic Services related to the use of the Website, consisting in providing the Buyer with the possibility to:

view the publicly available content of the Website;
register a User Account and use the User Account;
place an order and conclude a Contract;
subscribe to the Newsletter;
submit User Content.

2. Electronic Services are provided to the Buyer free of charge.

3. No specific technical requirements for the Buyer's computer hardware or software are necessary to use the Electronic Services. The following are sufficient:

Internet access,
a standard, up-to-date operating system,
a standard, up-to-date web browser with cookies enabled,
an active e-mail address.

4. When using the Electronic Services, it is prohibited to provide illegal content, in particular by sending such content via forms available on the Website.

5. In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Website, the Seller shall take technical and organisational measures appropriate to the level of security risk of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.

6. The Seller shall take measures to ensure the fully correct functioning of the Website. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Website.

7. Due to the fact that the Website is an ICT system managed by the Seller, the Seller may carry out technical and IT work aimed at developing the Website and providing Electronic Services at the highest possible level.

8. As part of the development of the Website, the Seller may, in particular:

add new features and change or remove existing features within the Website;
introduce the Website to other types of devices, e.g. mobile devices;
make an application related to the Website available.

§ 4. Website content

1. The publicly available content of the Website includes such content as texts, photos, graphics, audio and video recordings.

2. Browsing the publicly available content of the Website is possible anonymously, i.e. without providing personal data.

3. The content of the Website is protected by copyright.

4. Details regarding intellectual property are described in § 25 of the Terms and Conditions.

§ 5. User Account

1. Registration of a User Account requires completing and submitting the registration form available on the Website or expressing the will to register a User Account by ticking the appropriate checkbox in the order form.

2. Registration of a User Account requires the provision of personal data necessary for this purpose.

3. The User Account is assigned to the email address provided by the Buyer.

4. The User Account stores information about the Buyer, including the history of orders placed by them on the Website.

5. The Buyer may add additional, voluntary information to the User Account, such as a profile photo, website address, date of birth, and a short bio. This information constitutes User Content.

6. The Buyer logs into the User Account using the email address assigned to the User Account (login) and a password defined by them. The Buyer is obliged to secure access to the User Account against unauthorised access and is also obliged not to disclose their login and password to any third parties.

7. The Buyer may delete their User Account at any time. If the Buyer cannot find the appropriate option for this purpose after logging into their User Account, they should contact the Seller by email. Deleting the User Account will result in the loss of access to the Digital Content assigned to the User Account.

§ 6. Placing an order and concluding the Agreement

1. The Buyer may place an order as a registered customer or as a guest.

2. A registered customer is a Buyer who has a User Account on the Website.

3. If the Buyer has a User Account on the Website, they should log in to it before placing an order. It is also possible to log in while placing an order.

4. All Product descriptions available on the Website do not constitute an offer within the meaning of the relevant provisions of civil law, but an invitation to conclude a Contract.

5. An order is placed by adding the Products that interest the Buyer to the basket and then completing the order form. The form requires the Buyer to provide the data necessary to complete the order. At the stage of placing the order, the Buyer selects the method of payment for the order. The condition for placing an order is the acceptance of the Terms and Conditions, which the Buyer should read beforehand. If you have any doubts regarding the Terms and Conditions, you may contact the Seller.

6. In the case of Goods that are Outlet Goods, an additional condition for placing an order is to tick the checkbox confirming that you agree to purchase substandard Goods.

7. The Buyer must provide true personal data in the order form. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order if the Buyer has provided false data or if the data raises reasonable doubts as to its correctness on the part of the Seller. In such a case, the Buyer will be informed by telephone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer has made contact.

8. The Buyer declares that all data provided by them in the order form is true, while the Seller is not obliged to verify its truthfulness and correctness, although they have such a right in accordance with paragraph.

9. The ordering process is completed by clicking on the button finalising the order. Clicking on the button finalising the order constitutes the Buyer's offer to purchase the selected Products from the Seller, under the terms and conditions specified in the order form.

10. After receiving the order, the Seller may, within 7 days of receiving the order at the latest:

accept the offer made by the Buyer by accepting the order for execution — in this case, the Contract is concluded upon delivery of a message to the Buyer confirming the acceptance of the order for execution,
reject the Buyer's offer and cancel the order — in this case, the Agreement is not concluded and all payments made by the Buyer at the time of placing the order are refunded.

§ 7. Pre-sale

1. The Seller may organise a Pre-sale for certain types of Products.

2. Products covered by Pre-sale are clearly marked on the Website as Products available for Pre-sale. On the page of such Products, the Seller shall provide information on the date from which the Products are likely to be available and the date from which the Products are likely to be delivered to the Buyers.

3. For the purposes of concluding Agreements under Pre-sales, the provisions of § 6 shall apply accordingly.

4. The Seller reserves the right to change the date referred to in paragraph 2, in particular as a result of a delay in the delivery of the Product by third parties (e.g. manufacturers). The Seller shall inform Buyers of any changes to the dates related to Pre-sale by posting information on the Website and sending an e-mail to the address provided by the Buyer.

5. If the sale of the Products is not possible under the terms and conditions provided for in the Pre-sale (e.g. suppliers do not deliver the appropriate quantity or types of materials, there is an increase in the price of materials, etc.), the Seller shall inform the Buyer of these circumstances.

6. If the Buyer, being a Consumer or PNPK, does not agree to extend the delivery date of the Product or change the terms and conditions of sale of the Product, they may withdraw from the purchase of the Product, and the Seller shall refund to such Buyer all payments made under the Pre-sale.

§ 8. Price and payments

1. The available payment methods for the order are described on the Website and presented to the Buyer at the stage of placing the order.

2. If the Buyer has chosen online payment when placing the order, after clicking the button finalising the order, they will be redirected to a payment gateway operated by an external payment operator in order to make the payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalising the order, they will be redirected to the Website with an order confirmation and payment instructions. Payment for the order should be made within 7 days of placing the order. After this period, the Seller may assume that the Buyer has decided not to purchase the Product and cancel the order.

3. Electronic payments, including card payments, are handled by Przelewy24.pl - DialCom24 Sp. z o.o. with its registered office in Poznań (address: ul.Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000306513, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital of PLN 1,697,000 paid in full, NIP: 7811733852.

4. If the Buyer requests an invoice, it shall be delivered to the Buyer electronically to the e-mail address provided in the order form.

5. All prices listed on the Website are gross prices.

6. The Seller is entitled to grant Buyers discounts, reductions or other preferences related to the Price at its own discretion, in particular as part of a promotional campaign. Details of promotional campaigns are specified in separate promotional campaign regulations. The Buyer is not entitled to demand discounts, reductions or other preferences that do not result from a promotional campaign.

7. A Buyer who has a Discount Code may use it when placing an order by entering the Discount Code in the designated field, in accordance with the instructions available on the order form page. The use of Discount Codes may be limited to specific Products or groups of Products, in accordance with the information provided when the Discount Code is made available. The possibility of using a specific Discount Code may be limited in time, in accordance with the information provided when the Discount Code is made available. Discount Codes may be made available in various circumstances, e.g. in exchange for subscribing to the Newsletter, as a prize in competitions organised by the Seller, as a gift for the Buyer, etc.

8. In each case of informing about a reduction in Product Prices, the Seller shall, in addition to the information about the reduced Price, also provide information about the lowest Product Price that was in force in the 30 days prior to the reduction. If a given Product is offered for sale for less than 30 days, in addition to information about the reduced Price, the Seller shall also provide information about the lowest Product Price that was in force during the period from the date of commencement of offering the Product for sale to the date of introduction of the reduction.

9. Vouchers

A voucher may be in printed or digital form.
A printed voucher shall be delivered to the Buyer in the same manner as the Goods.
A digital voucher is sent to the email address provided by the Buyer in the order form.
The Seller does not issue duplicates of damaged or lost Vouchers delivered to the Buyer in printed form. However, upon presenting proof of purchase, the Buyer may request that the Voucher be sent in digital form.
The Voucher has a specific gross nominal value indicated in the Voucher description on the Website.
The Voucher may be used as a form of payment for an order placed by the Buyer by entering the code in the designated field, in accordance with the instructions available on the order form page, but it cannot be exchanged for cash, either in whole or in part.
If the amount to be paid for the order is lower than the value of the Voucher, the Seller shall not refund the difference to the Buyer. If the amount to be paid for the order is higher than the value of the Voucher, the Buyer shall pay the difference.
The use of the Voucher may be limited to specific Products or groups of Products. Restrictions related to the Voucher are always indicated in the Voucher description on the Website.
The Voucher can only be used once.
The Voucher may have an expiry date, after which it cannot be used. If the Voucher has an expiry date, it is indicated in the Voucher description on the Website. The Consumer or PNPK may request the Seller to refund the value of the unused Voucher after its expiry date.
In the event of withdrawal from the Agreement for which payment was made using the Voucher, the Seller is entitled to refund the payment by delivering to the Buyer a Voucher with a value corresponding to the amount to be refunded. The Buyer is not entitled to demand a cash refund.
The Seller is responsible for the conformity of the Voucher with the Agreement. In the case of a Voucher in printed form, the provisions of the Terms and Conditions regarding liability for the conformity of the Goods with the Agreement shall apply accordingly to the Seller's liability. In the case of a Voucher in digital form, the provisions of the Terms and Conditions regarding liability for the conformity of Digital Content with the Agreement shall apply accordingly to the Seller's liability.

§ 10. Fulfilment of orders for Goods

1. Fulfilment of an order consists of completing the ordered Goods, packaging them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of delivery selected by the Buyer or informing the Buyer about the possibility of personal collection of the order.

2. The cost of delivery of the Goods shall be borne by the Buyer, unless otherwise specified in the information presented to the Buyer on the Website.

3. The order is considered fulfilled at the moment of sending the shipment to the Buyer (entrusting the shipment to a carrier engaged in transport). In the case of delivery via a carrier, the Seller informs the Buyer about the preparation of the Goods for shipment and the transfer of the shipment to the carrier. The exact date of delivery of the Goods is determined by the carrier, unless the carrier allows the Buyer to specify the exact date and time of delivery. If the carrier provides such a feature, the Seller shall provide the Buyer with the data necessary to monitor the transport of the Goods, in particular a link to the carrier's website or to the carrier's application.

4. The Buyer is obliged to inspect the shipment in a timely manner and in a manner customary for shipments of this type. If the Buyer finds that the Goods have been lost or damaged during transport, they are obliged to take all necessary steps to determine the carrier's liability, e.g. by drawing up a damage report (Article 545 § 2 of the Civil Code).

5. The order completion time is indicated for each Good. The ordered Goods should be delivered to the Consumer or PNPK within 30 days, unless a longer period has been clearly indicated by the Seller in the description of the Good. In such a situation, by placing an order, the Buyer agrees to a longer order completion time resulting from the description of the Good.

6. If the Buyer orders Goods with different delivery times, the binding delivery time for the Seller for the entire order is the longest of all the Goods included in the order, but the Seller may propose dividing the order into several independent shipments in order to speed up the delivery time for some of the Goods.

§ 11. Subscription to the Newsletter in order to receive Digital Content

1. The Seller may provide the possibility of receiving the Digital Content described on the Website without the need to pay the Price, but in exchange for subscribing to the Newsletter.

2. Subscribing to the Newsletter requires completing and submitting the form available on the Website.

3. Subscribing to the Newsletter requires providing the personal data necessary for this purpose.

4. If the Buyer subscribes to the Newsletter in order to receive Digital Content, the subscription to the Newsletter also leads to the conclusion of a Contract for the delivery of Digital Content. However, the Buyer does not pay the Price for the delivery of Digital Content. In this case, the form of payment for the delivery of Digital Content is the subscription to the Newsletter.

5. After concluding the Agreement for the delivery of Digital Content in the manner described above, the Buyer receives a message at the e-mail address provided with instructions on how to download or access the Digital Content paid for by subscribing to the Newsletter.

6. The Buyer may unsubscribe from the Newsletter at any time. This does not affect the concluded Agreement for the delivery of Digital Content.

7. If the Buyer is interested in Digital Content that is marked on the Website as available in exchange for subscribing to the Newsletter, but does not want to subscribe to the Newsletter, they may purchase this Digital Content by contacting the Seller individually.

§ 12. Withdrawal from the Consumer or PNPK Agreement without giving a reason

1. The Consumer or PNPK has the right to withdraw from a Contract concluded via the Website without giving any reason within:

14 days from the date of taking possession of the Goods by the Consumer or PNPK, or a third party designated by the Consumer or PNPK, other than the carrier. If the Agreement covers multiple Goods that are delivered separately, in batches or in parts, the period for withdrawal from the Agreement shall be counted from the date of taking possession of the last Good, batch or part;
14 days from the date of conclusion of the Agreement — in the case of Agreements other than the sale of Goods.

2. The right to withdraw from the Contract shall not apply to a Contract:

in which the subject of the service is non-prefabricated Goods, manufactured according to the specifications of the Consumer or PNPK or serving to satisfy their individual needs;
in which the subject of the service is Goods that spoil quickly or have a short shelf life;
in which the subject of the service is Goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
where the subject of the service are Goods which, after delivery, due to their nature, are inseparably connected with other items;
where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.

3. In order to withdraw from the Contract, the Consumer or PNPK must inform the Seller of their decision to withdraw from the Contract by means of an unequivocal statement, for example by letter sent by post or e-mail.

4. The Consumer or PNPK may use the model withdrawal form available at https://vitalers.com/pages/zwroty, but this is not mandatory.

5. In order to meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer or PNPK to send information regarding the exercise of the Consumer's or PNPK's right to withdraw from the Contract before the deadline for withdrawal from the Contract.

6. The Consumer or PNPK is obliged to return the Goods to the Seller or hand them over to a person authorised by the Seller to collect them immediately, but no later than 14 days from the date on which they withdrew from the Contract, unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to send the Goods back before its expiry.

7. The Consumer or PNPK shall bear the direct costs of returning the Goods.

8. In the event of withdrawal from the Contract, the Seller shall refund the Consumer or PNPK all payments received from the Consumer or PNPK, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Consumer or PNPK other than the cheapest standard method of delivery offered when placing the order), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the decision to exercise the right to withdraw from the Contract.

9. The refund shall be made using the same means of payment as used in the original transaction, unless the Consumer or PNPK has expressly agreed to a different solution. In any case, the Consumer or PNPK shall not incur any fees in connection with this refund.

10. If the Seller has not offered to collect the Goods from the Consumer or PNPK themselves, they may withhold the refund of payments received from the Consumer or PNPK until they have received the Goods back or the Consumer or PNPK has provided proof of their return, whichever occurs first.

11. The Consumer or PNPK shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Goods. The Seller shall have the right to set off its claim against the Buyer in this respect in accordance with Article 498 et seq. of the Civil Code.

§ 13. Warranty for defects and liability for the conformity of the Goods with the Contract

1. The warranty for defects in the Goods referred to in the provisions of the Civil Code is excluded in the case of Contracts for the sale of Goods concluded by Buyers other than Consumers or PNPK.

2. Contracts for the sale of Goods concluded by Consumers or PNPK are subject to the provisions on liability for the conformity of the Goods with the Contract contained in the Consumer Rights Act, taking into account the provisions of the Terms and Conditions.

3. The Seller is liable to the Consumer and PNPK for the conformity of the Goods with the Contract. The conformity of the Goods with the Contract shall be assessed in accordance with the provisions of the Consumer Rights Act.

4. The Seller shall be liable for any lack of conformity of the Goods with the Contract existing at the time of delivery and revealed within two years from that time, unless:

the shelf life of the Goods, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer;
the Contract concerns Outlet Goods, where the Buyer has expressly agreed to purchase Outlet Goods.

5. In the case of TzEC, the Seller shall be liable for non-compliance with the Contract for Digital Content or digital services provided on a continuous basis, which occurred or became apparent at the time when, according to the Contract, they were to be delivered, but not less than two years from the date of delivery of TzEC.

§ 14. Replacement or repair of Goods not in conformity with the Contract

1. If the Goods are not in conformity with the Contract, the Consumer or PNPK may request their repair or replacement.

2. The Seller may:

replace the Goods when the Consumer or PNPK requests repair, or
repair the Goods when the Consumer or PNPK requests replacement,

if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer or PNPK is impossible or would involve excessive costs for the Seller.

3. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to replace or repair the Goods in order to bring them into conformity with the Contract.

4. The Consumer or PNPK shall make the Goods subject to repair or replacement available to the Seller, and the Seller shall collect them at its own expense. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.

5. The Seller shall repair or replace the Goods within a reasonable time, not exceeding 21 days from the moment the Seller was informed by the Consumer or PNPK about the non-compliance of the Goods with the Contract, and without undue inconvenience to the Consumer or PNPK, taking into account the specific nature of the Goods and the purpose for which the Consumer or PNPK purchased them.

§ 15. Price reduction or withdrawal from the Contract in the event of Goods not complying with the Contract

1. If the Goods do not comply with the Contract, the Consumer or PNPK may submit a statement on price reduction or withdrawal from the Contract when:

the Seller has refused to repair or replace the Goods in accordance with § 14(3);
the Seller has not brought the Goods into conformity with the Contract;
the Goods are still not in conformity with the Contract, even though the Seller has attempted to bring the Goods into conformity with the Contract;
the non-compliance of the Goods with the Contract is so significant that it justifies a reduction in the Price or withdrawal from the Contract without first using the measures referred to in § 14(1);
it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or PNPK.

2. The reduced Price must be in such proportion to the Price resulting from the Contract as the value of the Goods not in conformity with the Contract is to the value of the Goods in conformity with the Contract.

3. The Seller shall refund the Consumer or PNPK the amounts due as a result of exercising the right to reduce the Price immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's statement on the reduction of the Price.

4. The Consumer or PNPK may not withdraw from the Contract if the non-conformity of the Goods with the Contract is insignificant. It is presumed that the non-conformity of the Goods with the Contract is significant.

5. If the non-conformity with the Contract concerns only some of the Goods delivered under the Contract, the Consumer or PNPK may withdraw from the Contract only in relation to those Goods, and also in relation to other Goods purchased by the Consumer or PNPK together with Goods not in conformity with the Contract, if it cannot reasonably be expected that the Consumer or PNPK would agree to keep only the Goods in conformity with the Contract.

6. In the event of withdrawal from the Contract, the Consumer or PNPK shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the Price to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.

7. The Seller shall refund the Price using the same method of payment as used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund which does not involve any costs for them.

§ 16. Liability for the conformity of Digital Content with the Contract

1. The warranty for defects in Digital Content referred to in the provisions of the Civil Code is excluded in the case of Contracts concluded by Buyers other than Consumers or PNPK.

2. Contracts concluded by Consumers or PNPK are subject to the provisions on liability for the conformity of Digital Content with the Contract contained in the Consumer Rights Act, taking into account the provisions of the Terms and Conditions.

3. The Seller is liable to the Consumer and PNPK for the conformity of Digital Content with the Contract. The conformity of Digital Content with the Contract is assessed in accordance with the provisions of the Consumer Rights Act.

4. The Seller shall be liable for any lack of conformity of the Digital Content with the Contract which existed at the time of delivery and became apparent within two years of that time.

§ 17. Bringing Digital Content into conformity with the Contract

1. If the Digital Content is not in conformity with the Contract, the Consumer or PNPK may request that the Digital Content be brought into conformity with the Contract.

2. If bringing the Digital Content into conformity with the Contract is impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Digital Content into conformity with the Contract.

3. The Seller shall bring the Digital Content into conformity with the Contract within a reasonable time, not exceeding 21 days, from the moment the Seller was informed by the Consumer or PNPK about the non-compliance of the Digital Content with the Agreement, and without undue inconvenience to the Consumer or PNPK, taking into account their nature and the purpose for which they are used.

4. The costs of bringing the Digital Content into conformity with the Contract shall be borne by the Seller.

§ 18 GPSR and general safety of Goods

1. The Seller shall only indicate on the Website Goods that comply with the requirements of the GPSR or the relevant provisions of EU harmonisation legislation.

2. In order to fulfil the information obligations provided for in Article 19 of the GPSR, the Seller shall provide the following information in the description of each Good:

3. the first and last name or name, registered trade name or registered trademark of the manufacturer, and the postal and electronic address at which they can be contacted;

4. where the manufacturer is not domiciled or established in the Union, the name, postal address and email address of the person responsible within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020;

5. information enabling the identification of the Product, including its image, type and other Product identifiers;

6. any warnings or safety information that should be placed on the Product or on the packaging, or included in the accompanying document.

7. For all matters related to the safety of the Goods, the Seller has designated an electronic contact point: kontakt@vitalers.com. The Buyer may send any enquiries regarding the safety of the Goods to this e-mail address, as well as report any incidents related to the Goods to the Seller. The Buyer may use a dedicated form prepared by the Seller for this purpose.

8. If the Goods made available by the Seller on the market prove to be a dangerous product within the meaning of the GPSR, the Seller is entitled to take corrective measures in this regard, on its own behalf or on behalf of other economic operators in the supply chain. In particular, the Seller may contact the Buyer in order to recover the purchased Product or to provide relevant statements.

9. A Buyer who has purchased Goods that are dangerous products within the meaning of the GPSR may be entitled to appropriate legal protection measures provided for in the GPSR and other EU legislation.

§ 19. Transfer of User Content

1. Through the Website, the Buyer may transfer User Content for storage at the Buyer's request in the Website's ICT system, or for publication on the Website.

2. It is prohibited to transfer User Content which

constitutes illegal content within the meaning of the Digital Services Act (DSA) or
is inconsistent with the Terms and Conditions.

3. User Content that is inconsistent with the Terms and Conditions shall be understood as User Content that:

violates the rules for publishing opinions set out in § 23 of the Terms and Conditions;
is inconsistent with the subject matter of the content available on the Website;
duplicates content previously published on the Website;
contains links or other spam content;
serves to conduct activities competitive to the Seller, e.g. promoting competitive websites;
serves to conduct prohibited advertising, promotional or marketing activities, in particular by placing advertisements, selling and promoting products, services, projects or collections;
are used to conduct activities prohibited by law, e.g. attempts to defraud and extort money from other Buyers;
incite violence against any living beings, including animals, or condone such violence;
promote any fascist or other totalitarian state system;
incite hatred on the grounds of gender, sexual orientation, nationality, ethnicity, race, religion or lack of religion, or condone such hatred;
insult a group of people or individuals on the grounds of their gender, sexuality, nationality, ethnicity, race, religion or lack of religion;
contain chauvinistic or misogynistic content, as well as content that constitutes gender discrimination;
defame or insult any third party;
violate the personal rights of any third party;
violate the copyright of any third party;
contain profanity or other offensive content;
incite dangerous behaviour or condone such behaviour;
offend religious feelings;
may cause discomfort to other Buyers, in particular through a lack of empathy or respect for other Buyers;
violate the applicable legal order or good manners in a manner other than that specified in points 1–19.

4. If the Seller obtains reliable information about the possibility of a crime or offence being committed by the Buyer in connection with the User Content provided, the Seller is entitled and obliged to notify the relevant services or public authorities and to provide them with data concerning the Buyer. The same applies if the authorities or public authorities request the Seller to disclose the Buyer's data, in particular for the purposes of civil or criminal proceedings.

§ 20. Moderation of User Content

1. The Seller may verify User Content at any time. The Seller shall carry out the verification in a non-arbitrary, objective manner and with due diligence. At the same time, the Seller reserves the right not to be obliged to check User Content in advance, in particular through preventive control (e.g. as part of prior approval of User Content) or in any other form of checking User Content.

2. If User Content is found to be inconsistent with the Terms and Conditions, it may be blocked and become invisible to other Buyers or be removed from the Website.

3. In the event of blocking or deleting User Content, the Seller shall immediately notify the Buyer who submitted the User Content subject to blocking or deletion, providing justification for its decision.

4. If User Content is blocked or deleted as non-compliant with the Terms and Conditions, the Buyer who posted the User Content may lodge an appeal in accordance with the rules described in § 22 of the Terms and Conditions.

5. The Seller ensures that appeals concerning User Content will not be processed automatically — the Seller's staff will be responsible for verifying the validity of blocking or deleting User Content.

§ 21. Reporting User Content

1. Any person or entity may report to the Seller the presence on the Website of User Content that the person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).

2. The report may be made:

by e-mail to kontakt@vitalers.com;
via the contact form available on the Website;
using the dedicated ‘Report violation’ feature located next to the User Content.

3. The report referred to in paragraph 1 must contain all the elements required under the Digital Services Act (DSA), such as:

a sufficiently reasoned explanation of the reasons why the person or entity alleges that the User Content is in breach of the Terms and Conditions;
a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where applicable, additional information enabling the identification of the User Content, depending on the type of User Content and the specific type of hosting service;
the name and e-mail address of the person or entity making the notification, except for notifications concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

4. The Buyer may use the report form template available at.

5. Upon receipt of the report referred to in paragraph 1, the Seller shall immediately confirm receipt of the report to the reporting person by electronic means to the e-mail address provided. If the report is incomplete or contains other errors, the Seller may ask the reporting person to supplement or correct the report. If the reporting person does not supplement or correct the report within 14 days of the Seller's request, the report shall be left unexamined.

6. The Seller shall verify the User Content within 14 days of receiving a complete and correct notification at the latest. The Seller shall carry out the verification in a non-arbitrary, objective manner and with due diligence. In order to verify User Content, the Seller may request additional information or documents from the reporting party, e.g. confirming the ownership of rights that the verified User Content potentially infringes.

7. During the verification process, the Seller is entitled to block the User Content in such a way that it becomes invisible to other Buyers.

8. After verification, the Seller may permanently block or remove the User Content as violating the Terms and Conditions or decide that the User Content does not violate the Terms and Conditions. If the User Content has been previously blocked and, after verification, it turns out that the User Content does not violate the Terms and Conditions, the Seller shall immediately restore the User Content and notify the reporting party, providing justification for their decision.

9. In the event of blocking or removing User Content, the Seller shall immediately notify both the reporting party and the Buyer who posted the User Content subject to blocking or removal, providing justification for its decision.

10. In the event of blocking or deleting User Content as non-compliant with the Terms and Conditions or refusing to block or delete User Content, the Buyer who posted the User Content or the reporting party may lodge an appeal in accordance with the rules described in § 22 of the Terms and Conditions.

11. The Seller ensures that any appeals regarding User Content will not be considered in an automated manner — the Seller's staff will be responsible for verifying the validity of blocking or deleting User Content.

§ 22. Sanctions for unacceptable User Content

1. If the Buyer uses the Website in a manner inconsistent with the Terms and Conditions, by submitting any User Content that is contrary to the Terms and Conditions, the Seller may:

block the User Account;
permanently delete the User Account;
suspend the Buyer's use of certain features of the Website;
permanently prevent the Buyer from using certain features of the Website.

2. The choice of the measure referred to in paragraph 1 depends on the circumstances of the case and the severity of the violation committed by the Buyer while using the Website. These actions are independent of other actions that the Seller may take in relation to the User's Content, such as blocking access or permanently deleting the User's Content.

3. When choosing the measure referred to in paragraph 1, the Seller shall act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved.

4. The blocking of a User Account or suspension of the use of certain functionalities of the Website may take place for a period of 5 to 30 days. After the expiry of the specified period, the Seller shall remove the block on the User Account or restore access to the functionalities of the Website that were suspended.

5. In the event of the measure referred to in paragraph 1 being applied, the Buyer against whom the measure has been applied may lodge an appeal in accordance with the rules set out in § 22 of the Terms and Conditions.

6. The Seller ensures that any appeals concerning the application of the measure referred to in section 1 will not be considered in an automated manner — the Seller's staff will be responsible for verifying the legitimacy of the application of a given measure.

§ 23. Appeals

1. In the event that:

the Seller has not blocked or removed User Content despite a report from another Buyer or a third party;
User Content has been blocked or removed in violation of the provisions of the Terms and Conditions;
the Seller has imposed any sanctions on the Buyer in relation to the User Content;

- the Buyer who submitted the User Content or the person who reported the User Content for verification may lodge an appeal.

2. Any decision by the Seller related to User Content must include a justification that allows for an appeal to be lodged, except in situations where the Seller receives an order related to User Content from the relevant service or public authority. The justification must meet the requirements set out in the Digital Services Act (DSA) and include information such as:

an indication of whether the decision involves the removal of User Content, preventing access to it, depositioning or limiting the visibility of User Content, or suspending or terminating monetary payments relating to such User Content, or imposing other measures referred to in the Terms and Conditions in relation to such User Content, and, where applicable, the territorial scope of the decision and its duration;
the facts and circumstances on which the decision was based, including, where applicable, whether the decision was based on a report made by another Buyer or a third party, or on voluntary verification activities carried out on its own initiative, and, where absolutely necessary, the identity of the reporter;
where applicable, information on the use of automated means in the decision-making process, including whether the decision was taken in relation to User Content detected or identified using automated means;
if the decision concerns potentially prohibited User Content, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why the User Content is considered prohibited on that basis;
clear and buyer-friendly information about the buyer's or reporter's right to appeal the decision.

3. An appeal may be lodged by sending it:

to the email address kontakt@vitalers.com;
using the contact form;
in writing, preferably by registered letter, to the Seller's registered office.

4. The appeal should include:

the name and surname (or company name) of the appellant;
contact details;
a detailed justification of why, in the appellant's opinion, the Seller's decision was wrong and should be changed.

5. Upon receipt of the appeal, the Seller shall immediately confirm its receipt — by e-mail to the e-mail address provided.

6. Appeals shall be considered within 14 days of the date of submission.

§ 24. Reviews

1. The Seller provides the Buyer with the opportunity to publish reviews of the Product on the Website.

2. The function of publishing opinions about the Product is available after the conclusion of the Agreement concerning the Product, which is a safeguard against the publication of opinions by Buyers who have not purchased the Product. Furthermore, it is prohibited for a Buyer who has purchased the Product but has not used it in a manner that allows them to form a reliable opinion to publish an opinion.

3. The Buyer should formulate their opinion in a reliable, honest and substantive manner, using correct language as far as possible and without using profanity or other words commonly considered offensive.

4. An opinion published by the Buyer is a type of User Content. Therefore, the Seller may moderate opinions in accordance with the rules set out in § 19 of the Terms and Conditions, and any person viewing the content of the Website may report an opinion that violates the Terms and Conditions in accordance with the rules set out in § 20 of the Terms and Conditions.

5. The Seller may independently publish on the Website opinions about Products collected in a manner other than through the publication of opinions by the Buyer on the terms specified above.

6. The Seller represents and warrants to the Buyer that the opinions about the Products published by the Seller, referred to in section 5, come exclusively from Buyers who have used the Products in a manner that allows for the reliable formulation of opinions. For the purpose of collecting such opinions, the Seller contacts the Buyer who purchased the Product individually, asking them to share their opinion for publication on the Website.

7. The opinions referred to in sections 5 and 6 are not a type of User Content, but any person browsing the content of the Website who finds that a particular opinion violates the Terms and Conditions may report it for verification in accordance with the rules set out in § 20 of the Terms and Conditions.

§ 25. Personal data and cookies

1. The Seller is the seller of the Buyer's personal data.

2. The Website uses cookie technology.

3. Details related to personal data and cookies are described in the privacy policy available at https://vitalers.com/policies/privacy-policy.

§ 26. Intellectual property rights

1. The Seller informs the Buyer that all content available on the Website, Digital Content and elements of Products (e.g. graphic designs of labels) may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the Seller or other authorised entities hold copyright, as well as databases protected under the provisions on database protection.

2. The Seller informs the Buyer that the exploitation of copyrighted content or the use of databases by the Buyer without the consent of the Seller or another authorised entity, except for use within the scope of permitted use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.

3. The Seller may conclude a separate licence agreement with the Buyer relating to the Buyer's use of content or databases belonging to the Seller (e.g. through the use of product photographs, use of product descriptions, etc.). In order to conclude such an agreement, the Buyer should contact the Seller with a proposal to conclude a licence agreement, informing the Seller in particular about the purposes for which they intend to use the content or databases belonging to the Seller, and the expected duration of use. Upon receipt of such a proposal, the Seller will present an offer in accordance with its own licensing policy.

§ 27. Out-of-court methods of handling complaints and pursuing claims

1. The Consumer has the option of using out-of-court methods of handling complaints and pursuing claims. Among other things, the Consumer has the option of:

apply to a permanent consumer arbitration court with a request to settle a dispute arising from the concluded Agreement,
apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Buyer and the Seller,
seek assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.

2. More detailed information on out-of-court methods of handling complaints and pursuing claims can be found on the website http://polubowne.uokik.gov.pl.

3. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services.

§ 28. Complaints and requests

1. Every Buyer has the right to lodge a complaint regarding matters related to the functioning of the Website or the performance of the Contract. In order to facilitate the exercise of rights related to the Seller's liability for the conformity of the Goods or Digital Content with the Contract by the Consumer or PNPK, the Seller has prepared a complaint form template that the Consumer or PNPK may use. The form is available at https://vitalers.com/pages/contact.

2. Complaints should be submitted to the Seller at kontakt@vitalers.com.

3. Buyers' complaints will be considered on an ongoing basis, but no later than within 14 days from the date of receipt of the complaint by the Seller.

4. The response to the complaint will be sent to the Buyer at the contact details provided by the Buyer when submitting the complaint.

5. If the Seller has not delivered the Digital Content in accordance with the Contract, the Buyer may submit a complaint requesting the Seller to deliver the Digital Content. If, despite this request, the Seller fails to deliver the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without requesting the Seller to deliver the Digital Content if:

it is clear from the Seller's statement or circumstances that the Seller will not deliver the Digital Content;
the Parties have agreed or it is clear from the circumstances of the conclusion of the Contract that a specific delivery date for the Digital Content was of significant importance to the Buyer, and the Seller has not delivered it within that period.

§ 29. Final provisions

1. The Seller reserves the right to introduce and cancel offers, promotions and to change Prices on the Website without prejudice to the rights acquired by the Buyer, including in particular the terms and conditions of Contracts concluded before the change.

2. The Seller reserves the right to amend the Terms and Conditions for important reasons such as:

change in the terms and conditions of delivery of Products, Digital Content or Electronic Services;
the need to adapt the Terms and Conditions to legal changes;
the need to adapt the Terms and Conditions to a decision, judgment or other ruling of a competent court or state authority;
the need to comply with a legal obligation incumbent on the Seller;
editorial changes.

3. If the Seller has the Buyer's email address, the Buyer will receive an email informing them of the change to the Terms and Conditions.

4. The Terms and Conditions in force at the time of conclusion of the Agreement shall apply to Agreements for the sale of Goods.

5. The Terms and Conditions in force at the time of conclusion of the Agreement shall apply to Agreements for the delivery of Digital Content.

6. In the case of Electronic Services, if the Buyer does not accept the amendment to the Terms and Conditions, they may, without incurring any costs, opt out of using the Electronic Services, e.g. delete their User Account, opt out of receiving the Newsletter, or stop viewing the publicly available content of the Website.

7. Amendments to the Terms and Conditions shall not affect the rights acquired by the Buyer before the date on which the amendment enters into force.

8. Any disputes related to Agreements concluded through the Website shall be settled by a Polish common court having jurisdiction over the place of permanent business activity of the Seller. This provision shall not apply to Consumers and PNPK, in which case the jurisdiction of the court shall be determined on general principles.

9. These Terms and Conditions are effective from 20 February 2024.

10. All archived versions of the Terms and Conditions are available for download in .pdf format – links are provided below the Terms and Conditions.

New