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1. GLOSSARY

Seller - GENACTIV TRADE sp. z o.o. with registered office in Poznań (61 - 693), at ul. Piątkowska 186, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division under KRS number 0000333958, and the tax identification number NIP 9721202218 and shareholders’ equity in the amount of PLN 344 600.00.

Customer - a natural person who is over 18 years old and has full legal capacity, as well as a natural person who is 13 years old but less than 18 years old to the extent that he/she can acquire rights and incur liabilities in accordance with the generally applicable provisions of law, as well as a legal person and an organizational unit that is not a legal person but which has the legal capacity in accordance with specific legal provisions, which place or intends to place an Order or uses other services of the Online Shop.

Online Shop - an online platform operated by the Seller, available in the genactiv.eu and genactiv24.eu domains, through which the Customer can purchase Goods from the Seller.

Goods - products offered for sale by the Seller in the Online Shop.

Account - a set of resources reported by the Customer and saved in the Online Shop system, in which the Customer's data is stored and information about the contracts which are implemented now.

Order - in an electronic form, available on the Online Shop website, a declaration of the Customer's intent to purchase the Goods.



Regulations - this Online Shop Regulations.

Privacy Policy - a document containing information on the processing and protection of Customer's personal data.

2 GENERAL PROVISIONS

These Regulations contain the terms and conditions for concluding sale of Goods agreements between the Seller and Customers, using methods of distance communication and the Online Shop by Customers.

As regards the maintenance of the Account, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on providing services by electronic means. The Regulations are directed to all customers.

The Customer is obliged to comply with the provisions of the Regulations. The sale takes place on the basis of the Regulations applicable at the time of placing the Order.

In order to use the Online Shop, place Orders or use services it is necessary to have a computer or a mobile device with Internet access and equipped with software for browsing and using websites, as well as access to properly configured e-mail which address has been put in the Account or the Order.

Customers can purchase Goods via the Online Shop, regardless of whether they have established an Account.

Information provided during registration process in the Online Shop or during placing Orders should be true and valid. The Seller shall not be liable for non-performance or improper implementation of the sales agreement in case of providing false, incomplete or out-of-date information.

3. PLACE ORDERS

Orders for Goods available in the Online Shop are placed via an electronic form available on the Online Shop website.

The condition for placing the Order is adding the Good to the basket, filling out the electronic form with the required Customer`s data and choosing the method of delivery and payment, accepting the Regulations and Privacy Policy and selecting the "I am ordering and paying" button. It is possible to modify all data as well as cancel the Order by the Customer until the "I am ordering and paying" button is not selected.

Immediately after the Customer selects the "I am ordering and paying" button, a confirmation message will be sent to his/her e-mail address confirming that the Order has been accepted by the Seller. At this moment a sales agreement is concluded between the Customer and the Seller. The Customer may create an Account. The process of placing orders after logging in to the Account is the same as the shopping is performed without an Account, but in this case, the Order form is automatically completed with the Customer's data which are saved on the Account.

4. ACCOUNT

In order to create an Account the Customer should provide, in the place indicated in the Online Shop, the name and e-mail address he/she uses and any password consisting of alphanumeric characters, then accept the Regulations and the Privacy Policy and finally press the "Create Account" button. 

Immediately after the Customer selects the "Create Account" button, a confirmation message will appear on the Online Shop's website. At this moment, the Account maintenance agreement between the Customer and the Seller is concluded for the indefinite period of time.

The Customer can not share the Account with other people and disclose the Account passwords. The Customer is obliged to keep the Account password in secret and secure it against disclosure. The Customer is obliged to inform immediately the Seller if the access data to the Account has been taken over by third parties and explain the circumstances of such takeover.

The Account maintenance agreement may be terminated by the Customer at any time by submitting a notice via the contact form located in the Online Shop in the Contact tab, by e-mail to the address sklep@genactiv.eu, or by a written notice sent to the Seller's address. The Seller may terminate this agreement for important reasons (in particular in the case of liquidation of the Online Shop) with 14.days notice period.

5. PAYMENTS

The prices of Goods presented on the Online Shop website include taxes. The price does not include the costs of transport and delivery which are indicated separately during the ordering process. The Customer should pay the price and transport and delivery costs (if any) within 3 days of concluding the sales agreement. The Seller may change the prices of the Goods, for example during promotional campaigns and sales. Such changes do not affect the prices of the Goods ordered before such campaigns and sales.

6. IMPLEMENTATION OF ORDERS

After the conclusion of the sales agreement,it begins the process of its implementation by the Seller. Customers who have an Account have the option - after logging in - to monitor the status of the Order implementation on the Online Shop website

The shipment time given on the product description page is counted from:

a) posting the payment on the Seller's bank account, if the Customer chose the advance payment option,

b) placing an Order if the Customer chose the option of payment on delivery.

If the Customer has chosen the option of personal acceptance, the Goods will be ready for acceptance after the shipment time.

The delivery date is the time of shipment plus the delivery time by the carrier, which is up to 48 hours.

7. RIGHT TO WITHDRAW FROM THE AGREEMENT

Pursuant to the Act dated 30 May 2014 on Consumer Rights, a Customer who is a consumer and who concluded a distance sale of Goods agreement may withdraw from it within 14 days without giving any reason, counting from taking possession of Goods by a Customer or a third party designated by him/her, other than a carrier.

The withdrawal from the agreement may be performed via the contact form located on the Online Shop website in the Contact tab or in writing to the following address: Genactiv Trade sp. z o.o., ul. Piątkowska 186, 61-693 Poznań. The Customer may use the model withdrawal form which is the Annex 2 to the Act of 30 May 2014 on Consumer Rights.

The time limit shall be considered observed if the notice is sent before the time limit ends.

If the notice of withdrawal from the agreement was sent by the Customer electronically, promptly send to the consumer a confirmation of receipt of the notice of withdraw, the Seller promptly send to the Consumer a confirmation of receipt of the notice of withdrawn by e-mail to the address indicated by the Customer.

If, under one Order, the Customer purchased more than one Good, the withdrawal may concern all or only the Goods selected by the Customer, provided that when the Good is sold as a set, series or package, the withdrawal is possible in relation to this set, series or package.

In cases of withdrawal from an agreement, the agreement shall be deemed not to have been concluded and the Customer does not bear the costs except for the direct cost of returning of the Goods.

The return of the Goods should take place immediately, but no more than 14 days from the day on which the Consumer withdrew from the agreement.

Goods should be returned to the following address: Genactiv Trade sp. z o.o., ul. Piątkowska 186, 61-693 Poznań.

The cost of packaging and returning of Goods shall be borne by the Customer.

In case of effective withdrawal from the sales agreement, the Seller is required promptly, within no more than 14 days from the day of receipt of the Consumer’s notice of withdrawal from the contract, reimburse the consumer for all the costs incurred by the latter, including the costs of delivery of Goods (except for additional costs resulting from the method of delivery selected by the Customer, other than the cheapest usual delivery method offered by the Seller) in a manner analogous to the method of payment for the Goods chosen by the Customer.

The Seller may withhold the repayment of the consumer’s costs until the Goods have been returned or the Consumer has provided confirmation that the Goods have been sent back, whichever event occurs first.

8. COMPLAINTS

The Seller is obliged to deliver the Goods free of defects.

The Customer may complain against the Seller in the event of defects in the Goods, and also if the Seller`s activities under these Regulations, in particular regarding the maintenance of the Account, are carried out improperly or not in accordance with the provisions of the Regulations.

The complaint may be submitted in writing or by e-mail to the address:: sklep@genactiv.eu and should include the name and surname (name) of the Customer, address, e-mail address of the Customer, date of conclusion of the agreement which is the basis of the complaint, subject of the complaint, circumstances justifying the complaint and indication of the expected method of resolving the complaint.

The basis of the complaint may be in particular delivery of other goods than ordered ones, incorrect completion of the order or delivery of an incorrect number of Goods.

The Seller will respond to the complaint within 14 days from its receipt.

The response to the complaint is sent to the e-mail address or to the traditional mail address provided by the Customer.

The Seller does not accept Goods returned on delivery.

The Customer may recourse to an out-of-court complaint and redress mechanism. If the Customer want to settle the disputes amicable regarding online purchases, the Customer may submit his/her complaint via, for example, the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

9. PROTECTION OF PERSONAL DATA

The Seller is the controller of the Customer's personal data. All information regarding the processing of personal data is contained in the Privacy Policy available on the Online Shop website and presented to the Customer for acceptance.

10. FINAL PROVISIONS

The Seller may change this Regulation for an important reason, which may be:

a) the need to adapt the Regulations to legal provisions having a direct impact on the Regulations and resulting in the modification of the Regulations in order to comply with the law;

b) the need to adapt the Regulations to recommendations, orders, judgments, decisions, interpretations, guidelines or decisions of authorized public authorities;

c) expanding or changing the functionality of the Online Shop,

d) the need to remove ambiguities, writing mistakes or errors,

e) change of contact details, names, ID numbers, electronic addresses or links in the Regulations;

f) countermeasures against fraud,

g) improving of customer service,

h) change of the procedures relating to concluding agreements via the Online Shop.

If the Regulations are changed, the Seller shall inform the Customers on the Online Shop's website at least 7 days prior to the date when such changes become valid. In the event that the changes concern the terms of the Account maintenance service, the Seller shall notify Customers having such Account by e-mail at least 14 days prior to the date when such changes become valid. If such changes are not accepted, the Customer may terminate the Account maintenance agreement before such changes become valid. Changes to the Regulations do not apply to agreements implemented on the basis of Orders placed before the date when the changes become valid.

The current Regulations are published on the Online Shop website.

The Seller is not responsible for blocking by the administrators of e-mail servers any messages to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.

The Seller shall not be liable for transactions made by unauthorized third parties who have gained access to the Account as a result of careless of the Customer concerning the login and password to the Account.

Generally applicable laws provisions are applied in all matters not covered by these Regulations.

In accordance with the provisions of applicable law the competent court for the settlement of disputes arising from the sales agreement is a court of general jurisdiction.

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