Store Terms & Conditions

§ 1 Preliminary Provisions

1. The POWAB CLINIC online store, available at www.powabclinic.pl, is operated by Siedziba firmy: Paweł Koślik, ul. Boremlowska 48a/41, 04-347 Warszawa, NIP 6151736529
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store as well as the terms and procedure for concluding Distance Sales Agreements with the Customer via the Store.

§ 2 Definitions

1. Consumer – a natural person who concludes a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – Siedziba firmy: Paweł Koślik, ul. Boremlowska 48a/41, 04-347 Warszawa, NIP Tax Identification Number (NIP): 6151736529.
3. Client – any entity making purchases through the Store.
4. Entrepreneur – a natural person, legal person, or an organizational unit without legal personality, to which a separate law grants legal capacity, conducting business in their own name and using the Store.
5. Store – the online store operated by the Seller at www.powabclinic.pl.
6. Distance Agreement – an agreement concluded with the Client within an organized system of distance contract conclusion (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication up to and including the moment the agreement is concluded.
7. Terms and Conditions – these Terms and Conditions of the Store.
8. Order – the Client’s declaration of intent submitted via the Order Form, aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account – the Client’s account in the Store where data provided by the Client and information about Orders placed in the Store are stored.
10. Registration Form – a form available in the Store enabling the creation of an Account.
11. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
12. Cart – a component of the Store’s software in which the Products selected by the Client for purchase are visible, and which also allows for determining and modifying the Order data, in particular the quantity of products.
13. Product – a movable item or service available in the Store that is the subject of a Sales Agreement between the Client and the Seller.
14. Sales Agreement – a product sales contract concluded or entered into between the Client and the Seller via the online Store. The term “Sales Agreement” also includes – depending on the characteristics of the Product – a service contract or a contract for specific work.

§ 3 Contact with the Store

1. Adsress: Paweł Koślik, ul. Boremlowska 48a/41, 04-347 Warszawa
2. Seller’s email address: [email protected]
3. Seller’s phone number: +48 789 755 603
4. Seller’s bank account number: 97 1090 0088 0000 0001 5488 9715
5. The Client may contact the Seller using the addresses and phone numbers provided in this paragraph.
6. The Client may contact the Seller by phone between the hours of 9:00 AM and 5:00 PM.
7. Business address:
   Paweł Koślik, ul. Boremlowska 48a/41, 04-347 Warszawa

§ 4 Technical Requirements

To use the Store, including browsing its assortment and placing orders for Products, the following are required:

1. An end device with Internet access and a web browser such as Google Chrome

2. An active email account

3. Enabled cookies support

4. Installed Flash Player software

§ 5 General Information

1. To the fullest extent permitted by law, the Seller shall not be held liable for any disruptions, including interruptions, in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.

2. Browsing the Store’s assortment does not require creating an Account. Placing orders for Products available in the Store’s assortment can be done either after creating an Account in accordance with §6 of the Terms and Conditions or by providing the necessary personal and address details to complete the Order without creating an Account.

3. Prices listed in the Store are given in Polish zloty (PLN) and are gross prices (including VAT).

4. The final (total) amount payable by the Client consists of the Product price and delivery costs (including fees for transport, delivery, and postal services), which the Client is informed about on the Store’s pages during the Order placement process, including at the moment the Client expresses their will to conclude a Sales Agreement.

5. In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (total) price is the total cost of all payments for the billing period.

6. When, due to the nature of the subject of the Agreement, it is not possible to reasonably determine the final (total) price in advance, information on how the price will be calculated, as well as transport, delivery, postal charges, and other costs, will be provided in the Product description on the Store’s website.

§ 6 Creating an Account in the Store

1. To create an Account in the Store, the Registration Form must be completed. The following data are required: first and last name.

2. Creating an Account in the Store is free of charge.

3. Logging into the Account is done by entering the login and password set in the Registration Form.

4. The Client may delete their Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in §3.

§ 7 Order Placement Rules

To place an Order, you must:

1. Log in to the Store (optional);

2. Select the Product to be ordered, then click the “Add to cart” button (or an equivalent);

3. Log in or use the option to place an Order without registration;

4. If choosing to place an Order without registration – fill out the Order Form by entering the recipient’s data and the address for delivery, select the shipping method (delivery option), and provide invoice details if different from the recipient’s information;

5. Click the “Order and Pay” button and confirm the order by clicking the link sent in the confirmation email;

6. Choose one of the available payment methods and, depending on the selected method, pay for the Order within the specified time, subject to §8 point 3.

§ 8 Available Delivery and Payment Methods

1. The Client may choose from the following delivery or pickup methods for the ordered Product:
   • Courier delivery
   • Personal pickup available at: Zwycięzców 28, unit U15, 03-938 Warsaw
2. The Client may choose from the following payment methods:

   • Cash on delivery

   • Bank transfer to the Seller’s account

   • Electronic payments

   • Payment by credit/debit card

3. Detailed information about the available delivery and payment methods is provided on the Store’s website.

§ 9 Execution of the Sales Agreement

1. The Sales Agreement between the Client and the Seller is concluded after the Client places an Order via the Order Form on the online Store, in accordance with §7 of these Terms and Conditions.

2. After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is made by sending an appropriate email to the Client’s email address provided during the Order process. This email includes at least the Seller’s declaration of receipt and acceptance of the Order and confirmation of the conclusion of the Sales Agreement. The Sales Agreement is deemed concluded upon receipt of this email by the Client.

3. If the Client selects:

   1. Bank transfer, electronic payment, or payment by card – the Client is required to make the payment within … calendar days from the date of concluding the Sales Agreement; otherwise, the Order will be canceled.

   2. Bank transfer, electronic payment, or payment by card – the Client is required to make the payment within … calendar days from the date of concluding the Sales Agreement; otherwise, the Order will be canceled.

   3. Cash on delivery – the Client is required to make the payment upon receipt of the shipment.

4. Cash upon personal pickup – the Client is required to make the payment at the time of pickup, within 2 days from the date of receiving information about the readiness of the Product for collection.

5. 1. If the Client chooses a delivery method other than personal pickup, the Product will be shipped by the Seller within the time indicated in its description (subject to paragraph 5 of this section), using the delivery method selected by the Client when placing the Order.
   2. If the Client orders Products with different delivery times, the delivery time will be the longest indicated period.

6. The delivery period begins as follows:

7. 1. For payment by bank transfer, electronic payment, or card – from the date the Seller’s bank account is credited.
   2. For cash on delivery – from the date of concluding the Sales Agreement.
8. If the Client chooses personal pickup, the Product will be ready for collection within the timeframe stated in the Product description. The Client will be additionally informed by the Seller of the Product’s readiness for collection via email sent to the address provided when placing the Order.
9. In the event of purchasing training, the Client will be contacted to arrange the training date within 3 business days from the date of conclusion of the Sales Agreement or from the date the payment is credited, if the fulfilment of the order depends on prior payment.

§ 10 Right of Withdrawal from the Agreement

1. The Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in point 1 begins from the date the Product is delivered to the Consumer or a person designated by the Consumer other than the carrier.
3. In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period begins upon the delivery of the last item, batch, or part.
4. For Agreements involving regular delivery of Products for a fixed period (e.g., subscriptions), the period starts from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
6. The statement may be sent by traditional mail to the Seller’s address – the Seller’s contact details are provided in §3. It can also be submitted using the form in Annex 1 to these Terms and Conditions or the annex to the Consumer Rights Act of May 30, 2014, although using the form is not mandatory.
7. If the statement is submitted electronically, the Seller will promptly confirm receipt by email to the address provided by the Consumer.
8. Effects of withdrawal from the Agreement:
   1. Upon withdrawal from a distance Agreement, the Agreement is considered null and void.
   2. The Seller will refund the Consumer all payments received, including delivery costs, no later than 14 days from the date the Seller receives the withdrawal statement, excluding additional costs resulting from the delivery method chosen by the Consumer that differs from the least expensive standard method offered by the Seller.
   3. The refund will be made using the same payment method as used by the Consumer in the original transaction, unless the Consumer has explicitly agreed otherwise and it does not incur any additional costs.
   4. The Seller may withhold the refund until the Product is returned or until proof of return is provided—whichever occurs first.
   5. The Consumer must return the Product to the Seller’s address provided in these Terms and Conditions promptly, no later than 14 days from the date of informing the Seller of the withdrawal. The deadline is met if the Product is sent before the 14-day period expires.
   6. The Consumer bears the direct cost of returning the Product, including the cost of returning items that, due to their nature, cannot be returned by regular mail.
   7. The Consumer is only responsible for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to determine its nature, characteristics, and functioning.
9. If, due to the nature of the Product, it cannot be returned by regular mail, this information, including the return cost, will be provided in the Product description on the Store’s website.
10. The right of withdrawal from a distance agreement does not apply to the Consumer in the case of:
    1. Products made to the Consumer’s specifications or clearly personalized;
    2. Sealed items that, after opening, cannot be returned due to health protection or hygiene reasons, if the seal was broken after delivery;
    3. Goods that are perishable or have a short shelf life;
    4. Services that have been fully performed with the Consumer’s express consent, where the Consumer was informed beforehand that they would lose the right of withdrawal once the service was fully provided;
    5. Price or remuneration dependent on financial market fluctuations beyond the Seller’s control, which may occur before the withdrawal period expires;
    6. Items that, due to their nature, become inseparably mixed with other goods after delivery;
    7. Alcoholic beverages with a price agreed upon at the time of the sales agreement, where delivery can only occur after 30 days and their value depends on market fluctuations beyond the Seller’s control;
    8. Sealed audio or video recordings or computer software where the seal was broken after delivery;
    9. Newspapers, periodicals, or magazines, except for subscription agreements;
    10. Digital content not supplied on a tangible medium, where the performance began with the Consumer’s express consent before the withdrawal deadline and after the Consumer was informed about losing the right of withdrawal.

§ 11 Complaints and Warranty

1. The Sales Agreement covers new Products.
2. The complaint should be submitted in writing or electronically to the following e-mail address: [email protected]
3. In the event of a defect in goods purchased from the Seller, the Client has the right to file a complaint based on the warranty provisions of the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
4. If a Product is covered by a warranty, information about the warranty and its terms will be included in the Product description on the Store’s website.
5. The complaint will be reviewed within 10 business days from the date of its submission.

The complaint will be reviewed within 14 days from the date of its submission.

1. Detailed information on the Consumer’s ability to use out-of-court complaint handling and redress methods, as well as the rules of access to these procedures, can be found at the offices and on the websites of district (municipal) consumer ombudsmen, consumer protection social organizations, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
   • http://www.uokik.gov.pl/spory_konsumenckie.php
   • http://www.uokik.gov.pl/sprawy_indywidualne.php
   • http://www.uokik.gov.pl/wazne_adresy.php
2. The Consumer has the following example options for using out-of-court complaint and redress methods:
   1. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from a contract concluded with the Seller.
   2. The Consumer is entitled to apply to the Provincial Inspector of Trade Inspection, in accordance with Article 36 of the above Act, with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
   3. The Consumer may also receive free assistance in resolving a dispute with the Seller by using the help of a district (municipal) consumer ombudsman or a consumer protection organization (e.g., the Consumer Federation or the Polish Consumers Association).

§ 13 Personal Data in the Online Store

1. The administrator of the personal data of Clients collected via the Online Store is the Seller.
2. Personal data of Clients collected by the administrator through the Online Store is used for the purpose of fulfilling the Sales Agreement, and—if the Client gives consent—for marketing purposes as well.
3. The recipients of the personal data of Online Store Clients may include:
   1. In the case of a Client who uses postal or courier delivery, the Administrator will provide the collected personal data to the selected carrier or intermediary handling the shipment on behalf of the Administrator.
   2. In the case of a Client who uses electronic or card payment methods, the Administrator will provide the collected personal data to the entity handling such payments in the Online Store.
4. The Client has the right to access and correct their personal data.
5. Providing personal data is voluntary. However, failure to provide the personal data specified in the Terms and Conditions, which are necessary to conclude a Sales Agreement, will result in the inability to conclude such an agreement.

§ 14 Postanowienia końcowe

1. Umowy zawierane poprzez Sklep internetowy zawierane są w języku polskim.
2. Sprzedawca zastrzega sobie prawo do dokonywania zmian Regulaminu z ważnych przyczyn to jest: zmiany przepisów prawa, zmiany sposobów płatności i dostaw – w zakresie, w jakim te zmiany wpływają na realizację postanowień niniejszego Regulaminu. O każdej zmianie Sprzedawca poinformuje Klienta z co najmniej 7 dniowym wyprzedzeniem.
3. W sprawach nieuregulowanych w niniejszym Regulaminie mają zastosowanie powszechnie obowiązujące przepisy prawa polskiego, w szczególności: Kodeksu cywilnego; ustawy o świadczeniu usług drogą elektroniczną; ustawy o prawach konsumenta, ustawy o ochronie danych osobowych.
4. Klient ma prawo skorzystać z pozasądowych sposobów rozpatrywania reklamacji i dochodzenia roszczeń. W tym celu może złożyć skargę za pośrednictwem unijnej platformy internetowej ODR dostępnej pod adresem: http://ec.europa.eu/consumers/odr/.