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Terms & Conditions

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Date of publication: 30/01/2019

These Regulations define the terms, conditions and method of sale conducted on the website at www.lifeberry.pl and define the terms and conditions for the provision of electronic services by Arkadiusz Legucki running a business under the name Legucin.

§ 1
General Provisions

The online store is run by Arkadiusz Legucki running a business under the name Legucin, based in Głudna (Głudna 29, 05-620 Błędów, Poland), entered into the Central Register and Information on Economic Activity, using the NIP number: 797-171-05-87, REGON: 672897685.
Contact details:

Lifeberry Arkadiusz Legucki
Głudna 29
05-620 Błędów

E-mail: handel@lifeberry.pl ; info@lifeberry.pl

Telephone number to the Customer Service Office: + 48 602 600 911
(fee as for an ordinary telephone connection, in accordance with the tariff list of the operator whose services are used)

Whenever the following terms are used in these Regulations, they shall be understood as:

Seller, Manufacturer - Arkadiusz Legucki running a business under the name Legucin at the address Głudna 29, 05-620 Błędów, Poland entered into the Central Register and Information on Economic Activity, using the NIP number: 797-171-05-87, REGON: 672897685.

Online Shop, Online Store - Lifeberry online store, run by the Seller under the domain http://www.lifeberry.pl

Website - means the website where the Seller runs the Online Shop, operating in the domain http://www.lifeberry.pl

Customer - an adult natural person with at least limited legal capacity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal personality.

Consumer, Buyer - a customer who is a natural person and who performs or intends to perform a legal transaction through the Online Store not directly related to his business or professional activity.

Regulations - this document specifying the rules for concluding and performing sales contracts and the provision of additional services in the Online Store and the provision of electronic services.

Order - a purchase order for a Product or Goods (purchase offer) submitted in the Store by the Customer in accordance with these Regulations.

Sales Agreement - a contract for the sale of the Goods concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.

Service provided electronically - a service available at www.lifeberry.pl, which is provided electronically by the Seller to the Customer on the terms specified in the Regulations.

Goods / Product - a movable item, available for sale in the Online Store.

Price - the value of the Goods placed next to each Product on the website http://www.lifeberry.pl. The prices are given in Polish zlotys (PLN), net and gross. The price does not include the costs of delivering the Goods to the place indicated by the Customer, which the Customer will be obliged to incur according to the Sales Agreement.

Deliverer - an entity providing courier services cooperating with the Seller.

Cost of delivery/shipment of the Goods - the cost related to the delivery of the Goods ordered by the Customer, between the Store and the place indicated by the Customer.

Registration - a one-sided action performed by the Customer using the registration form to create an Account and use the services specified in the Store as requiring Registration. The Account and Login created in the Registration process may be assigned to one Customer.

Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.

Login - Customer's e-mail address, necessary to gain access to the account, provided by the Customer during registration.

Password - a string of characters selected by the Customer during Registration.

Durable Medium - means a material or a tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored information to be restored unchanged.

Discount Code - is a generated and unique string of characters that, upon receipt, can be used by the Customer for a specific purpose, e.g. lowering the purchase price, participating in a lottery, lifting the delivery fee and many other actions beneficial to the Customer.
3. The information provided on the Store's website does not constitute an offer within the meaning of the Civil Law.

4. All Customers of the Store are prohibited from sending illegal content or content contrary to the principles of social coexistence.

5. All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store's Website, as well as to patterns, forms and photos presented on the Online Store's Website for the purpose of presenting the Goods belong to the Seller, and the use of them may only take place in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

6. To use the Online Store, it is necessary to have a device that allows access to the Internet, active e-mail and a web resource browser that allows you to display websites: Mozilla FireFox 30.x or newer, Google Chrome 35.x or newer, Microsoft Internet Explorer 10.0 or newer. The use of some of the Online Store's applications may depend on the installation of Java, Java Script or other software specified by the Seller regarding these applications and the acceptance of cookies.

7. The Seller undertakes actions on an ongoing basis to improve the quality of the Website, but stipulates that errors and technical problems may arise in using it. In the event of such a situation, the Customer shall report it to the Seller via e-mail: info@lifeberry.pl. The Seller will immediately try to restore the proper functioning of the Website.


§ 2
Electronic Services Provided in the Online Store


1. As part of the Online Store, the Seller provides services to customers by electronic means. Services provided electronically for the purposes of these Regulations shall be understood in particular as services such as:

the Order Form,
setting up and maintaining a Customer Account,
Newsletter service.
free culinary and health guides, etc.
a social networking service in the form of a blog, etc.

2. Conclusion of a contract for the provision of any of the listed above electronic services requires, in addition to meeting the conditions provided for each of the given services, confirmation by the Customer that:

he has read the Regulations and accepts its provisions;
he has read the Policy of Personal Data Protection.

3. Services provided electronically are free of charge.

4. The contract for the provision of electronic services is concluded for an indefinite period.

5. The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users.

6. The Seller informs that the Store's IT system may use the "cookies", i.e. small text files that are used to identify the user's browser for statistical purposes and sales analysis. Cookies are not used to collect personal data, they are harmless to the computer, software and data. Disabling cookies is possible by changing the settings of the Buyer's web browser and does not prevent the use of services provided by the Seller electronically.


§ 3
Account Registration

1. In order to create an Account, the Customer is obliged to make a free Registration.

2. Registration is not necessary to place an order in the Store.

3. In order to register, the Customer shall complete the registration form provided by the Seller on the Online Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

4. Registration is one-time. With each subsequent purchase, the Customer uses the Login and Password provided earlier on the Online Store's website. Login and password are confidential.

5. During the Registration, the Customer may voluntarily consent to the processing of his personal data for marketing purposes or to activate the newsletter by checking the appropriate fields of the registration form.

6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Account management service by electronic means. The consent may be withdrawn by the Customer at any time by submitting an appropriate statement to the Seller. The statement shall be sent to the Seller's e-mail address: info@lifeberry.pl

7. After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains the ability to access the Customer Account and make changes to the data provided during the Registration.

8. The Customer may at any time and without giving any reason resign from the Account service. Deleting an Account is equivalent to a request to delete any data stored on it. The Customer may resign from the Account service by clicking the "Delete Account" option available after logging in to the Account or by sending the Seller an appropriate request to the e-mail address: info@lifeberry.pl. Receiving such a request from the Customer in the form of an e-mail or selecting the "Delete Account" option will result in the termination of the contract for the provision of the Account service and the deletion of the Account along with the data stored on it.

9. The Seller reserves the right to discontinue the provision of the Account service if the Customer has not placed any Orders from his Account within the next 3 years. The cessation of the provision of the Account service results in the deletion of all data stored on that Account. The Seller will inform the Customer about the intention to stop providing the account service and delete the data stored on it by sending him a notification to the e-mail address provided in the Account. If, within 30 days of receipt of such notification, the Customer expressly requests - in writing sent to the Seller's address: Głudna 29, 05-620 Errors or via e-mail sent to the Seller's email address: info@lifeberry.pl - to continue the service Account, the Seller will withdraw from the intention to liquidate the Account and delete the data stored on it. If the Customer does not express such a request within the above-mentioned period, the contract for the provision of the Account service is terminated upon the expiry of this period, which results in the removal of the Account in the Store along with the deletion of all Customer data stored on it.


§ 4.
Conditions for Placing Orders


1. The condition for placing an Order by the Customer is:

correct completion of the interactive Order Form available on the Online Store's website;
confirmation of reading the content of the Regulations and acceptance of its provisions;
confirmation of reading the Personal Data Protection Policy.

2. The information contained on the Online Store's Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.

3. The Customer may place Orders in the Online Store via the Online Shop Website, 7 days a week, 24 hours a day.

4. A Customer placing an order via the Online Store's Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the "Add to Cart" command visible under the given Goods presented on the Online Shop’s Website.

5. After completing the entire order and indicating the delivery address and form of payment in the "Cart", the Customer is informed about the total price for the selected Goods and Delivery. The customer places an Order by sending the Order Form to the Seller by selecting the "Order" "Buy" or "Pay" button on the Online Store's Website.

6. By placing an Order, the Customer submits an offer to the Seller to conclude an Agreement for the sale of the Goods being the subject of the Order.

7. After placing the Order, the Seller sends an order confirmation to the e-mail address provided by the Customer. After confirming the Order, the Seller sends information about the acceptance of the Order to the e-mail address provided by the Customer. Information on the acceptance of the Order for execution is the Seller's declaration of acceptance of the offer referred to in point 6 above and upon its receipt by the Customer, a Sales Agreement is concluded.

8. After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them on a durable medium to the Customer's email address indicated in the order form.

9. The Order is processed after the payment is credited to the Seller's account, in the case of payment by bank transfer.

10. The Goods covered by the Order are delivered to the Customer by the Seller together with a receipt or a VAT invoice issued at the Customer's request, depending on the choice made by the Customer by checking the appropriate option in the Order Form.


§ 5
Forms of Delivery and Payment Methods

1. The prices of the Goods presented in the Online Store are given in PLN (Polish zloty) and include VAT.

2. The prices do not include delivery costs and any costs resulting from the payment method chosen by the Customer. The Customer will be obliged to bear the costs in connection with the Sales Agreement, about which he will be informed when choosing the method of Delivery and placing the Order.

3. The Seller provides the following payment methods:

transfer to the Seller's bank account;
via the electronic payment system (also with a payment card): PayU (provided by PayU S.A. based in Poznań, 60-166 Poznań, ul. Grunwaldzka 186);
in cash upon receipt of the Goods.

4. If the Customer chooses the method of payment by bank transfer, the Customer is each time informed by the Seller on the Online Store's Website about the date on which he is obliged to pay for the Order.

5. In the event that the Customer fails to pay the payment within the time limit referred to §5 point 4 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.

6. The Seller carries out the Delivery on the territory of the Republic of Poland.

7. The Seller publishes information on the estimated number of working days needed to deliver the Order on the Online Store's website. The ordered Goods are delivered to the Customer via the Deliverer to the address indicated in the Order Form. On the day of sending the parcel, the information confirming the sending of the parcel by the Seller with the parcel number and information about the courier company is sent to the Customer’s email address. The Customer is obliged to check the delivered parcel in the presence of the Deliverer's employee. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Deliverer's employee draw up the appropriate protocol.


§ 6
Order Realization Process

1. The Order Realization Process consists in its preparation for shipment to the Buyer. Orders are considered completed when the order is prepared for shipment.

2. The delivery time will depend on the selected Deliverer.

3. After completing the Order, the Seller will send a confirmation of the Order completion to the Buyer's email address and will begin shipping the Order to the Buyer.

§ 7
Withdrawal from the Agreement

1. A Customer who is a Consumer, who concluded a Sales Agreement with the Seller, may withdraw from the Agreement within 14 days without giving any reason. The period for withdrawal from the Sales Agreement starts from the moment the Goods are released to the Consumer or a third party designated by him, other than the shipping carrier.

2. When withdrawing from the Sales Agreement, the Consumer may use one of the following declaration forms, but it is not obligatory:

Agreement withdrawal form;
Interactive withdrawal form.https://www.rzetelnyregulamin.pl/pl/dla-konsumenta/formularz-odstapienia-od-umowy,sklep-4156f8a446a72dc62b7419ddbe4dd1c7

3. To meet the deadline, it is enough to send a statement before its expiry. This declaration may be submitted in writing to the Seller's address: Głudna 29, 05-620 Błędów, Poland, or via e-mail to the following address: info@lifeberry.pl.

4. The Seller immediately confirms to the Consumer by sending an e-mail that he has received a declaration of withdrawal from the Agreement.

5. In the event of withdrawal from the Agreement, the Consumer is obliged to return the Goods in unchanged condition. The return of the Goods shall be made immediately to the Seller's address, no later than within 14 days from the date on which the Consumer withdraws from the Agreement.

6. In the event of withdrawal from the Agreement, it is considered void. If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

7. The Seller is obliged to return all payments made by the Customer, including the cost of Delivery of the Goods to the Consumer, immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement. The Seller may withhold the refund of payments received from the Consumer until the Goods are returned or until the Consumer provides proof of the Goods being returned, whichever occurs first.

8. The Consumer shall send the returned Goods to the Seller by a courier company indicated by the Seller, for this purpose the Consumer shall contact the Seller in advance. The Buyer bears direct costs of returning the Goods. Sending the returned Goods is possible only in Poland. The cost of sending the returned Goods to the Seller, incurred by the Consumer, results from the price list of the carrier selected by the Consumer.

9. The refund will be made using the method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.

10. The Consumer is not entitled to withdraw from the Agreement in the case of Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection, if the package has been opened after delivery.

11. Returned Goods will be assessed for missing or damaged original packaging. In the case of the above-mentioned The Seller has the right to refuse to accept the returned Goods.

12. The returned Goods shall be packed in an appropriate manner, ensuring no damage during transport. The Consumer is liable for a decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. In this case, the Seller may refund the Buyer the value of the Goods, but reduced by the amount corresponding to the reduction in the value of the Goods.

13. A Customer who does not have the status of a Consumer is not entitled to withdraw from the contract within 14 days. For those Customers who do not have the status of a Consumer, the rules and dates of withdrawal from the contract are governed by the provisions of the Civil Code.


§ 8
Warranty for the Goods

1. The Seller is obliged to provide the Customer with a Product free from defects.

2. The Seller provides the delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the product has a physical or legal defect (warranty).


§ 9
Complaints and Returns

1. In the event of a lack of Goods or defectiveness of the delivered Goods, the Customer, in order to start the complaint procedure, shall submit a complaint by letter to the following address: Arkadiusz Legucki Legucin, Głudna 29, 05-620 Błędów, Poland or via e-mail to the following address: info@lifeberry.pl.

2. When submitting a complaint, the Customer shall provide his contact details (full name, address, e-mail address and telephone number), the name of the Goods under complaint, the date of its receipt and possibly a detailed description of the identified problem and his request.

3. In the absence of any of the above data, the Seller will contact the Customer to complete the complaint.

4. If the complaint concerns the quality of the Product, the Seller has the right to ask the Customer to send the questioned Product at the Seller's expense in order to perform explanatory activities.

5. The complaint will be considered within 30 days from the date of its submission by the Customer. The Customer will be informed about the method of its consideration by the Seller in the same form as the complaint was submitted to the indicated e-mail address or in writing to the provided correspondence address.


§ 10
Protection of Personal Data


1. The administrator of personal data is Arkadiusz Legucki running a business under the name Legucin at the address Głudna 29, 05-620 Błędów, Poland, entered into the Central Register and Information on Economic Activity, using the NIP number: 797-171-05-87, REGON: 672897685.
2. The administrator pays special attention to the method of processing and protection of the Customer’s personal data and meets all the requirements resulting from the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).

3. Providing personal data by the Customer in the registration form or in the Order Form is voluntary, but without providing them, shopping in the Online Store is not possible.

4. The description of data protection and the Customer's rights are included in the Privacy Policy created by the Administrator, in the "Privacy Policy" tab on the website www.lifeberry.pl.


§ 11
Newsletter

1. The Customer may agree to receive the Newsletter provided by the Seller. The Newsletter is sent only to Customers who have ordered the Newsletter by selecting the appropriate option in the registration form or Order Form and have agreed to receive commercial information to the provided email address within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text in Journal of Laws of 2017 item 1219, as amended).

2. As part of the Newsletter service, information is sent via email to the email address provided by the Customer in the form of an electronic letter (e-mail). The Newsletter contains, in particular, information about the Seller's product offer, current promotions and other information about the Products offered by the Seller. The newsletter is sent free of charge.

3. The Customer may at any time, without giving a reason and without incurring costs, resign from the Newsletter by clicking on the Newsletter link in the footer of each Newsletter, entering his email address in the appropriate field, and then selecting the "Unsubscribe" button.


§ 12
Final Provisions

1. In matters not regulated in the above Regulations, the provisions of the Civil Code and other acts shall apply, and in relation to Consumers, also the Act on Consumer Rights of 30th May 2014 (Journal of Laws of 2014, item 827).

2. By placing an Order, the Customer agrees to use the Online Store in accordance with the provisions of these Regulations, as of the date of placing the Order. Failure to accept the provisions of these Regulations prevents the purchase of the Goods offered by the Online Store.

3. The Regulations do not exclude or limit any rights of the Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, these provisions shall prevail.

4. The competent court for considering any disputes that may arise as a result of the implementation of the provisions of these Regulations is the court competent for the Consumer's place of residence. If the Customer is not a Consumer - the competent court will be determined on the basis of the provisions of the Code of Civil Procedure regarding property and local jurisdiction.

5. The Seller is entitled to amend the Regulations with effect for the future. All Agreements concluded and Orders placed before the effective date of the amendment to the Regulations will be implemented in accordance with the Regulations in the wording in force on the date of conclusion of the Agreement and placing the Order by the Customer.

6. The Seller also reserves the right to amend the Regulations in the event of:

changes in the law, or
changes in payment or delivery methods to the extent that these changes relate to the implementation of the provisions of the Regulations.

7. Each Customer will be notified by posting a message about the amendment to the Regulations at the address of the www.lifeberry.pl Online Store, containing a list of amendments to the Regulations and maintaining this information for a period of at least 14 calendar days.

8. Customers who have registered an Account in the Online Store will be additionally notified of the amendment to the Regulations by sending to the e-mail address provided in the registration form, information containing a list of amendments to the Regulations. Information about the amendment to the Regulations will take place no later than 14 calendar days before the entry into force of the amendment to the Regulations. The changes come into force after 14 calendar days from the date of notification of the change to the Regulations.

9. The amended Regulations will be binding on the Customer who registered the Account in the Online Store - provided that in the event of non-acceptance of the amended Regulations, he did not send the Seller - within 14 days from the date of receipt of the notification about the change in the Regulations - a declaration of termination of the Agreement for the provision of the Customer Account service in the manner described in § 3, point 8 of the Regulations.

10. The appendices to the Regulations are:

instruction on the right to withdraw from the contract (Appendix No. 1), and
a template of the Agreement Withdrawal Form (Appendix No. 2).

11. The Regulations enter into force on the date of publication and apply to Agreements concluded from that date.

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