RULES AND REGULATIONS

§ 1. Definitions

Contact form – a form available on the fitmeanseat.pl website that allows you to send a message to the Service Provider.
Order form – a form available on the fitmeanseat.pl website that allows you to place an Order.
Customer – a person who uses the functionality of the Online Store and intends to conclude or has concluded a Sales Agreement with the Service Provider.
Consumer – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
Product – a physical product, goods with digital elements, digital content, or a digital service available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Service Provider.
Terms and Conditions - these Terms and Conditions of the Online Store.
Entrepreneur with consumer rights - a natural person who enters into a contract with the Company for the provision of services within the Portal directly related to their business activity, when the content of this contract indicates that it is not of a professional nature, 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.
Online Store - the Service Provider's online store operating at fitmeanseat.pl.
Service provider – [FIRST NAME AND LAST NAME], [ADDRESS]
Sales Agreement – An agreement for the sale of a Product concluded between the Customer and the Service Provider via the Online Store.
Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
Service Recipient – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service.
Order – a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Service Provider.

§ 2. General provisions

These Terms and Conditions define the conditions for concluding Product Sales Agreements, the complaint procedure, and the conditions for withdrawing from Sales Agreements, as well as the types and scope of services provided electronically by the Online Store operating at fitmeanseat.pl, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
Upon taking steps to use the services of the fitmeanseat.pl Online Store, each Customer is obliged to comply with the provisions of these Terms and Conditions.
In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular: - the Act on the provision of electronic services of July 18, 2002, - the Act on consumer rights of May 30, 2014,- the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, - the Act on Counteracting Unfair Market Practices of August 23, 2007, - the Civil Code of April 23, 1964.

§ 3. Conclusion of the sales agreement

The fitmeanseat.pl online store sells Products via the Internet.
The products are free from physical and legal defects. Information regarding the functionality or relevant compatibility and interoperability of Products that are goods with digital elements, digital content, or digital services is included in the offer for a given Product in the Online Store.
The information contained on the Online Store's website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer makes an offer to the Service Provider to purchase a specific Product on the terms specified in the Product description in the Online Store.
The Product prices displayed in the Online Store include all price components, including VAT, excluding delivery costs.
The Product price displayed on the Online Store website is binding at the time the Customer places the Order. Any changes in the Product prices in the Online Store, including promotions and discounts, which occurred after the date of placing the Order, do not affect the price specified in the Order placed by the Customer.
Orders can be placed online by completing the Order Form.
In order to place an Order in the Online Store, the Customer must read the Terms and Conditions and accept their provisions when placing the Order.
If, prior to the commencement of the Sales Agreement, the Service Provider is forced, for reasons beyond its control, to change the essential terms of the Sales Agreement with the Customer, it shall immediately notify the Customer thereof.
In the situation referred to in section 8 above, the Customer has the right to: - accept the amendment to the Sales Agreement proposed by the Service Provider, or - withdraw from the Sales Agreement with immediate refund of all payments made by the Customer and without the obligation to pay any contractual penalty.The Customer is obliged to inform the Service Provider of their decision immediately. The execution of the Order will be suspended until information is received from the Customer.
In the event of withdrawal from the Sales Agreement pursuant to section 9 above, or if the Service Provider cancels the Sales Agreement for reasons beyond the Customer's control, the Customer shall be entitled to an immediate refund of the entire amount paid to the Service Provider.

§ 4.

The sales contract is concluded when the Customer places an Order via easycart (by clicking the "Order and pay" button or another button with a similar meaning), unless otherwise specified in the Product description in the Online Store. If, at the express request of the Customer, the service is to commence before the expiry of the deadline for withdrawal from the Sales Agreement, the Service Provider requires the Customer to submit a statement: - containing such an express request - that they have acknowledged the information about the loss of the right to withdraw from the Sales Agreement upon its full performance by the Service Provider.
After placing an Order, the Service Provider shall immediately confirm its receipt and acceptance of the offer by sending an email to the address provided by the Customer in the Order Form.
The Order confirmation includes: - confirmation of all essential elements of the Order, - the content of these Terms and Conditions in PDF format, - information on the right to withdraw from the contract or information on the Customer's consent to the delivery of digital content in circumstances resulting in the loss of the right to withdraw from the Sales Contract. Each Sales Agreement will be confirmed by an appropriate proof of purchase, which will be attached to the Product and/or sent by email to the Customer's email address provided in the Order Form.5. The Service Provider shall deliver the Product to the Customer immediately after the conclusion of the Sales Agreement and the posting or confirmation of payment of the price of the Product by the Customer.

§ 5. Payment methods

The Service Provider has entrusted the handling of the Product ordering process, including the handling of payments for Products and the performance of the obligations referred to in §3 and §4 above, to the entity operating the easycart service available at [www.easycart.pl](https://easycart.pl./). The entity operating easycart acts in this respect on behalf of and for the benefit of the Service Provider.
The Service Provider enables payment for Orders via the payment methods available on easycart.
After completing the Order in the Online Store, in order to process it, including payment, after clicking the appropriate button, the Customer will be redirected to the appropriate easycart subpage.
In order to use all the features of easycart, including purchasing Products from the Service Provider via easycart, the User must register with easycart, i.e. create an Account and comply with the easycart terms and conditions available at https://www.easycart.pl/regulamin-dla-kupujacych.
In the case of payments via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payments to be made by credit card or quick transfer from selected Polish and foreign banks.
The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
The service will only be performed after payment has been made.

§ 6. Product complaints

The basis and scope of the Service Provider's liability towards the Customer is specified in Article 43a et seq. of the Consumer Rights Act.
Complaints regarding the Product should be addressed by the Customer to the Service Provider via email to: fitmeanseat@gmail.com or in writing to the Service Provider's address indicated in § 1(9) of the Terms and Conditions.
The complaint should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details.
The Service Provider shall respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.
In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 7(9) of the Terms and Conditions, failure to consider the complaint within 14 days of its submission shall be tantamount to its acceptance.
The response to the complaint is communicated via the communication channel specified by the Customer in the complaint form.

§ 7. Right to withdraw from the contract

Subject to paragraph 7 below, the Customer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of conclusion of the Sales Agreement in accordance with Article 27 et seq. of the Consumer Rights Act.
To exercise the right to withdraw from the Sales Agreement, the Customer must inform the Service Provider of their decision.
In order to withdraw from the Sales Agreement, the Customer may use the withdrawal form template attached to the Terms and Conditions.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding withdrawal from the Sales Contract to fitmeanseat@gmail.com or to the Service Provider's address indicated in § 1(9) of the Terms and Conditions before the deadline for withdrawal from the contract expires.
The Service Provider shall refund the Customer all payments received from the Customer immediately, but no later than 14 days from the date on which the Service Provider was informed of the withdrawal from the Sales Agreement, unless the Customer exercises the right to withdraw from the Sales Agreement after submitting the request referred to in §4.1. above - in which case the Customer is obliged to pay for the services provided until the moment of withdrawal from the Sales Agreement.
The Service Provider shall refund the payment using the same payment methods that were used by the Customer to pay for the Order, unless the Customer has agreed to a different solution.
The Customer shall not have the right to withdraw from a distance contract in relation to contracts:- for the provision of services for which the Customer is obliged to pay the price, if the Service Provider has fully performed the service with the express consent of the Buyer, who was informed before the commencement of the service that, once the Service Provider has performed the service, they will lose the right to withdraw from the contract and has acknowledged this;- in which the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the deadline for withdrawal from the contract; - in which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy their individual needs;- where the subject of the service is an item that deteriorates quickly or has a short shelf life;- where the subject of the service is an item 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 items 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;- for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements; - for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the date or period of service provision;- the supply of digital content, not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the performance of the service began with the express and prior consent of the Customer, who was informed before the start of the service that after the performance of the service by the Service Provider, they would lose the right to withdraw from the contract, and accepted this, and the Service Provider has provided the Customer with the confirmation referred to in §4.3. above.
Both the Service Provider and the Customer have the right to withdraw from the Sales Agreement.
An entrepreneur with consumer rights is covered by the protection provided for in the relevant legal provisions, provided that the Sales Agreement or agreements for the provision of Electronic Services that he concludes with the Service Provider are not of a professional nature.
A person conducting business activity referred to in section 9 above is covered by protection only in the scope of: - prohibited contractual provisions — so-called abusive clauses,- liability under the warranty for physical and legal defects of the Product, in accordance with §6 of the Terms and Conditions, - the right to withdraw from a distance contract, in accordance with §7 of the Terms and Conditions.
The entrepreneur referred to in paragraph 9 above loses their consumer protection rights if the Sales Agreement they have concluded with the Service Provider is of a professional nature, which results in particular from the subject of the economic activity performed by that entrepreneur, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 8. Type and scope of electronic services

The Service Provider enables the use of Electronic Services via the Online Store, such as: - concluding Product Sales Agreements, - sending messages via the Contact Form, - newsletter.
The provision of Electronic Services to the Online Store's Customers is subject to the terms and conditions set out in the Terms and Conditions.3. The Service Provider has the right to post advertising content on the Online Store's website. This content forms an integral part of the Online Store and the materials presented therein.‍

§ 9. Terms and conditions for the provision and conclusion of contracts for the provision of electronic services

The provision of Electronic Services by the Service Provider is free of charge.
Term of the agreement: - the agreement for the provision of Electronic Services consisting in enabling the placement of Orders in the Online Store is concluded for a definite period and terminates upon the placement of an Order or the cessation of placing Orders by the Service Recipient,- the contract for the provision of Electronic Services consisting in enabling the sending of messages to the Service Provider via the Contact Form is concluded for a definite period and is terminated upon sending the message or upon the Service Recipient ceasing to send it- the contract for the provision of an Electronic Service consisting in sending a newsletter is concluded for a definite period and is terminated upon the Service Recipient's resignation from the newsletter service
Technical requirements necessary for cooperation with the ICT system used by the Service Provider: - a computer (or mobile device) with Internet access, - access to e-mail, - a web browser, - Cookies and Javascript enabled in the web browser.
The Customer is obliged to: - use the Online Store in a manner consistent with the law and good manners, respecting the personal rights and intellectual property rights of third parties;- enter data that is consistent with the facts; - refrain from posting illegal content in the Online Store, in particular in the Contact Form or Order Form;‍

§ 10. Complaints related to the provision of electronic services

Complaints related to the provision of Electronic Services via the Online Store may be submitted by the Customer via email to: fitmeanseat@gmail.com or to the Service Provider's address indicated in § 1(9) of the Terms and Conditions.
The complaint should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details.
The Service Provider shall respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.
In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 7(9) of the Terms and Conditions, failure to consider the complaint within 14 days of its submission shall be tantamount to its acceptance.
The response to the complaint is communicated via the communication channel specified by the Customer in the complaint form.

§ 11. Intellectual property

All content posted in the Online Store is protected by copyright and is the property of the Service Provider.
Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and contents of the Online Store constitutes a violation of the copyright vested in the Service Provider and results in civil and criminal liability.

§ 12. Product reviews

The Service Provider does not allow the publication of reviews of Products within the Online Store.

§ 13. Final provisions

Contracts concluded through the Online Store are concluded in accordance with Polish law.
In the event of any part of the Terms and Conditions being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Terms and Conditions.
Any disputes arising from Sales Agreements between the Service Provider and Consumers shall be resolved in the first instance through negotiation, with the intention of reaching an amicable settlement, taking into account the Act on out-of-court settlement of consumer disputes. However, if this is not possible or is unsatisfactory for either party, disputes shall be settled by the competent common court, in accordance with section 4 of this paragraph.
Judicial resolution of disputes: - any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or entrepreneur referred to in § 7(9) of the Terms and Conditions shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure;- any disputes arising between the Service Provider and the Service Recipient (Customer) who is not a Consumer or an entrepreneur referred to in § 7(9) of the Terms and Conditions shall be submitted to the court having jurisdiction over the registered office of the Service Provider.
A Customer who is a Consumer also has the right to use extrajudicial means of dispute resolution, in particular by submitting, after the completion of the complaint procedure, a request for mediation or a request for the case to be considered by an arbitration court (the request form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596.6. Consumers may also seek free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge. In order to resolve a dispute amicably, consumers may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.

Appendix

CONTRACT WITHDRAWAL FORM (this form should be completed and returned only if you wish to withdraw from the contract)

Recipient: [COMPANY NAME], [ADDRESS], [EMAIL]

I/We hereby inform you of my/our withdrawal from the contract of sale of the following items, the contract of delivery of the following items, the contract for work consisting in the performance of the following items, or the provision of the following service. Date of conclusion of the contract/receipt Name and surname of the consumer(s)Address of the consumer(s) Signature of the consumer(s) (only if the form is sent in paper form) Date(*) Delete as appropriate.

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