REGULATIONS FOR THE ONLINE STORE

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 

§ 1. The Regulations define the terms and conditions for the provision of electronic services, including the use of the Store, and the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information to which the Consumer is obliged to deliver to the Seller in accordance with the applicable provisions, including the Act of 30 May 2014 on consumer rights (Dz.U.2017.683 i.e., as amended). 

§ 2. Every customer should read the Regulations. 

§ 3. The Regulations are available on the Store's website and are available free of charge also before the conclusion of the contract. At the Customer's request, the Regulations are also made available in such a way that it is possible to obtain, reproduce and record its content using the ICT system used by the Customer (by e-mail). 

§ 4. Basic definitions: 

1)  Regulations: Regulations of the Online Store;

2)  Seller or Service Provider: OLIWIA SADOWIAK-SERWIN, running a business under the name Fit & Muscle Shop OLIWIA SADOWIAK-SERWIN, ul. Orla 2 paw.4 / 5, 05-400 Otwock, NIP 5321960189, REGON 360930349, entered into the Central Register and Information on Economic Activity;

3)  Client: a natural person who is 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality, but who may acquire rights and incur liabilities that will establish a legal relationship with the Seller in the scope of Store operations. The Customer is also a Consumer, if there are no separate provisions in relation to the Consumer;

4)  Consumer: a customer who is a natural person who performs a legal transaction with the Seller (purchase), not directly related to its business or professional activity;

5)  Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (OJ 2017.1219 i.e. as amended), provided electronically by the Seller to the Customer via the Website;

6)  Shop or Online Shop, or Service: Electronic Service, Online Store, maintained by the Seller at the internet address www.fitmuscle.pl, under which the Customer concludes a distance selling contract, the parties are informed about the sale via e-mail generated automatically, and performance of the contract (in particular delivery of the Goods) takes place outside the Internet;

7)  Account - Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's IT system, which stores data provided by the Customer and information about activities within the Shop;

8)  Goods or Product - goods sold in the Store, included in the Seller's offer;

9)  Contract - a distance contract regarding the purchase of the Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;

10)Form - a script constituting a means of electronic communication, making it possible to place an Order in the Shop or to perform other activities in the Store;

11)Order - an instruction to purchase the Goods submitted by the Customer using technical communication means;

12)Newsletter - Electronic Service, electronic distribution service provided by the Seller via electronic mail (e-mail), which allows all customers using it to automatically receive from the Seller regular news (newsletters) containing information about the Website, including news or promotions in the store;

13)On-line dietitian: Electronic Service, electronic service provided by the Service Provider via the Website and e-mail, which allows all clients using it to obtain information or advice in the field of dietetics. 

CHAPTER 2. BASIC AND TECHNICAL INFORMATION 

§ 1. Details of the Seller to contact the Customer: address Fit & Muscle Shop ul. Orla 2 peacock 4/5, 05-400 Otwock, e-mail address shop@fitmuscle.pl, telephone number +48 510-081-251. 

§ 2. The Seller offers the following types of Electronic Services:

1) Online Shop,

2) Newsletter,

3) Reviewing (commenting),

4) Account,

5) On-line dietitian. 

§ 3. The Seller provides Electronic Services in accordance with the Regulations. 

§ 4. The technical condition of using the Store is the Client having a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), Internet access and a valid and active e-mail account. 

§ 5. It is prohibited to provide illegal content by the Customer. 

§ 6. Using the Store may be associated with the risks typical for the use of the Internet, such as spam, viruses, hacker attacks. The seller takes action to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the threat of obtaining or modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above threats, including antivirus and identity protection programs using the Internet. 

§ 7. The contract for the provision of Electronic Services is concluded via the Store via the Internet. The Customer may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer's account. In this case, the contract for the provision of Electronic Services is automatically terminated without the need to submit additional statements of the parties 

§ 8. It is not possible to use the Store anonymously or using a pseudonym.The customer necessary to establish, shape the content, change or terminate the contract:

1) surname and first names of the Client;

2) permanent address of residence;

3) correspondence address, if different from the residential address;

4) Customer's e-mail addresses;

5) telephone number;

6) ……………….

§ 9. The Seller may process, with the consent of the Customer and for the purposes of advertising, market research and customer behavior and preferences, with the purpose of the results of these studies for the purpose of improving the quality of services provided by the Seller, other data concerning the Customer that are not necessary for the provision of electronic services. 

CHAPTER 3. PERSONAL DATA 

1. The personal data provided by the Customers is processed by the Seller in accordance with applicable law, including the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (Journal of Laws L 119 of 4.5.2016, hereinafter: "the Regulation").

In particular: 

1) The seller ensures that these data are: 

1. processed in accordance with the law, reliably and transparently for customers and other data subjects; 

2. collected for specific, explicit and legitimate purposes and not further processed in a manner inconsistent with these purposes; 

3. adequate, relevant and limited to what is necessary for the purposes for which they are processed; 

4. correct and, if necessary, updated; 

5. kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed; 

6. processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures, 

2. The Seller applies appropriate technical and organizational measures ensuring protection of the personal data being processed, appropriate to the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons; 

3. The Seller provides access to personal data and the use of other rights to Customers and other data subjects, in accordance with applicable law. 

4. The basis for the processing of personal data is the consent of the Clients or the occurrence of another prerequisite authorizing the processing of personal data according to the Regulation. 

5. The Seller guarantees the implementation of the rights of persons whose personal data are processed on the principles resulting from the relevant provisions, including those persons who are entitled to: 

1) the right to withdraw consent to the processing of personal data; 

2) the right to information regarding their personal data; 

3) the right to control the processing of data, including their supplementation, updating, straightening and deletion; 

4) the right to object to processing or to limit processing; 

5) the right to lodge a complaint with the supervisory authority and use other legal means to protect one's rights. 

6. In connection with business activity, the Seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred: 

1) a hosting company, 

2) software providers to operate the Store, 

3) internet service providers,

 4) companies providing courier or postal services, 

5) electronic payment platform providers, 

6) invoice issuing software suppliers, 

7) entities providing accounting or legal services. 

7. A person having access to personal data processes them only on the basis of the Seller's authorization or a contract for entrusting the processing of personal data and only at the request of the Seller. 

8. The Seller ensures that it does not disclose personal data to entities other than those authorized under the applicable law, unless required by European Union law or Polish law. 

§ 9. In connection with business activity, the Seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred: 

1) a hosting company, 

2) software providers to operate the Website, 

3) internet service providers, 

4) companies providing courier or postal services, 

5) electronic payment platform providers, 

6) invoice issuing software suppliers, 

7) entities providing accounting services. 

CHAPTER 4. ADDITIONAL INFORMATION 

§ 1. Account 

1. Account registration on the Store's website is free of charge and requires the following actions: The customer should complete the registration form, providing specific data and submitting statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. A link enabling the verification of the Account will be sent to the Customer's e-mail address provided by him in the Account registration process. Logging in to the Account consists in entering the login and password set by the Customer. The password is confidential and should not be shared with anyone. 

2. The account allows the Customer to enter or modify data, make or check Orders and view the Order history. 

3. The Account Electronic Service is provided free of charge for an indefinite period. 

4. The Customer may at any time cancel the Account in the Store by sending an appropriate request to the Seller by e-mail to the following e-mail address: shop@fitmuscle.pl or in writing to the Seller's address: Fit & Muscle Shop ul. Orla 2 pav. 4/5, 05-400 Otwock. 

§ 2. Newsletter 

1. The purpose of the Newsletter service is to provide the Customer with the requested information. 

2. Using the Newsletter does not require the Account to be registered by the Customer, but requires the provision of an e-mail address and submission of declarations regarding the acceptance of the Regulations, the processing of personal data, and the provision of commercial information. 

3. A link confirming the subscription to the Newsletter will be sent to the Customer's e-mail address. 

4. The Newsletter Electronic Service is provided free of charge for an indefinite period. 

5. The Customer may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller by e-mail to the following e-mail address: shop@fitmuscle.pl or in writing to the Seller's address: Fit & Muscle Shop ul. Orla 2 pav. 4/5, 05-400 Otwock. 

§ 3. Opinions 

1. The Seller enables the Customers to post individual and subjective statements (opinions, comments) on the Store's website, in particular regarding the Goods. 

2. The service is provided free of charge for an indefinite period of time. 

3. Using the service is possible anonymously. 

4. The Seller may use the opinion for the purposes of the content posted on the Website.  

CHAPTER 5. SALE OF GOODS 

§ 1. Goods 

1. All Products offered in the Store are new and have no defects. A detailed description of the Goods can be found on the Store's website. 

2. There is no warranty for the Goods, no after-sales services are provided. 

3. The Store's offer includes: dietary supplements, which are dietary supplements (not medications). A detailed description of the Goods can be found on the Store's website.   

§ 2. Orders and their implementation 

1. An order may be placed by completing the Form available in the Store. 

2. Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest purchases). 

3. The Customer is obliged to carefully fill in the Form, providing all the data in accordance with the facts and specifying the chosen method of payment and delivery. 

4. The Customer provides data in the Form and submits statements regarding the acceptance of the Regulations, the processing of personal data, and the provision of commercial information. 

5. Orders can be placed in the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed the next business day. 

6. Confirmation of placing the Order is made by the Customer by selecting the button (field) marked "Buy and pay". The Seller will send the Customer an Order confirmation to the e-mail address provided by the Customer. 

7. The order fulfillment time (ie until the date of dispatch of the Goods) is up to 3 business days.  

§ 3. Payments 

1. All prices of the Goods in the Store are gross prices in Polish zlotys (prices include VAT). The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given at the time of placing the Order by the Customer is binding for both parties. 

2. The costs related to the delivery of the Goods (eg transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order. 

3. The customer can choose the form of payment: 

1) traditional transfer - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay / transfer the amount due to the Store's bank account. The Order is processed after the Customer's payment is credited to the Store's bank account; 

2) payment via the Przelewy24.pl payment system - payment before the Goods are shipped (prepayment). After placing the Order, the Customer should pay via the Przelewy24.pl system. The Order is processed after the Customer's payment is credited to the Przelewy24.pl payment system; 

3) payment upon personal pickup of the Goods (cash or card payment) - the Customer pays the amount directly upon personal pickup of the Goods at the Seller's stationary store. The order is processed after the Order has been accepted.  

4) payment upon delivery of the Goods (cash on delivery) - the Customer pays the amount due directly to the carrier upon receipt of the Goods. The order is processed after the Order has been accepted.  

4. For each Product sold, the Store issues a proof of purchase and delivers it to the Customer, provided that the provisions of generally applicable law require delivery. 

5. The customer is obliged to pay within 7 days from the date of the sale agreement, unless the chosen method of payment requires a different deadline. If the Customer fails to make the payment within this period, then - in accordance with Art. 491 § 1 of the Civil Code (Journal of Laws 2017.459, i.e. as amended) - the Seller will set an additional payment deadline for the Customer, after which he will be entitled to withdraw from the contract ineffectively. If the Customer declares that the service will not be fulfilled, the Seller may withdraw from the contract without setting an additional date, also before the specified date of performance. 

6. The entity providing the electronic payment service is PayU SA with its registered office in Poznań, address: Grunwaldzka 186, entered into the register of entrepreneurs kept by the District Court in Poznań under the number KRS 0000274399, NIP: 779-23-08-495, with share capital in the amount of PLN 4,944,000 paid in full, domestic payment institution within the meaning of the Act of 19 August 2011 on payment services, entered in the register of payment services under the number IP1 / 2012. Supervision over the performance of activities in the field of payment services is exercised by the Polish Financial Supervision Authority  

§ 4. Delivery 

1. The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise. 2. The product is delivered by a courier company or by a postal operator as selected by the Customer. A package sent via the postal operator should be delivered within 3 business days from the date of dispatch of the Goods, and via a courier company - within 1 business day from the date of dispatch of the Goods. 3. The Customer may collect the Goods in person at Fit & Muscle Shop, ul. Orla 2 pav. 4/5, 05-400 Otwock. 4. Along with the Goods, the Seller issues to the Customer all elements of his equipment as well as operating and maintenance manuals and other documents required by the provisions of generally applicable law. 5. The Seller indicates that: 1) upon the release of the Goods to the Customer or the carrier, the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods pass to the Customer. When selling to the Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer upon the release of the Goods to the Consumer. The release of the Goods is considered to be entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer, 2) acceptance of the shipment with the Goods by the Customer without reservations shall result in the expiry of claims for loss or damage in transport, unless: a) the damage was confirmed by protocol before accepting the parcel; b) such a statement was abandoned due to the fault of the carrier; c) the loss or damage resulted from the willful misconduct or gross negligence of the carrier; d) the damage that was not noticeable from the outside was stated by the authorized person after accepting the shipment and within 7 days demanded its condition to be determined and proved that the damage occurred between the acceptance of the shipment for transport and its release. § 5. Additional information for the consumer 1. The contract is not concluded for an indefinite period and will not be automatically extended. 2. The minimum duration of the Consumer's obligations under the Agreement is the duration of the Agreement, ie payment and receipt of the Goods. 3. The use of the Store by the Consumer is not connected with the obligation to provide a deposit or provide other financial guarantees. 4. The Seller is under no obligation and does not apply the code of good practice referred to in Art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017.2070, i.e. as amended).  CHAPTER 6. ON-LINE DIETARY § 1. General information 1. The Seller enables customers to use the services of a dietitian, including obtaining information or advice in the field of dietetics. 2. The service is provided against payment. 3. Using the service is not possible anonymously. 4. The Customer is forbidden to provide illegal content (information, photos, etc.). 5. The customer has the right to use the Dietetyk on-line service in a manner consistent with its intended use, the Regulations and the relevant legal provisions, including by: 1) obtaining information by browsing the database of materials (texts, photos, photo galleries, films, etc.); 2) getting dietary advice. 6. The Service Provider indicates that: 1) The customer should provide data on his health, physical activity, eating habits, addictions, allergies, etc. Due to the fact that the health data constitute special personal data, and moreover, they are necessary for the performance of the contract, the customer should express consent to their processing. Lack of consent will prevent the Seller from performing the service; 2) the effectiveness of the diet or dietary advice depends on the client's commitment (compliance with the diet and recommendations) and his health (the effectiveness is higher when the diet was prescribed or advice was provided on the basis of the current results of the client's research).  § 2. Orders 1. An order may be placed by completing the Form available on the Website. 2. The use of the service requires the Customer to register an account and provide the necessary information and data, e-mail address, as well as submitting a statement on the acceptance of the Regulations, and the processing of personal data. The Customer is obliged to carefully fill in the Form, providing all the information and data in accordance with the facts. 3. The customer may choose the scope of the Dietetyk online service from the available packages. Packages vary in scope and price. Detailed information about the packages is available on the Website. 4. Orders for on-line Dietician services can be placed 24 hours a day, 7 days a week. Orders placed on weekdays after 4:00 p.m., on Saturdays, Sundays or public holidays are processed the next business day. 5. Confirmation of placing the Order is made by the Customer by selecting the button (field) marked "Buy and pay". The Service Provider will send the Customer an Order confirmation to the e-mail address provided by the Customer. 6. The service delivery time is from 1 to 14 business days.  § 3. Payments 1. All prices of Packages given on the Website are gross prices in Polish zlotys (prices include VAT). The price given at the time of placing the Order by the Customer is binding for both parties. 2. The customer can choose the form of payment: 1) traditional transfer - payment before the service is performed (prepayment). After placing the Order, the Customer should pay / transfer the amount due to the Website's bank account. The Order is processed after the Customer's payment is credited to the Website's bank account. In the title of the transfer, enter the name and surname of the Customer and the order number; 2) payment via the Przelewy24.pl payment system - payment before the service is performed (prepayment). After placing the Order, the Customer should pay via the Przelewy24.pl system. The Order is processed after the Customer's payment is credited to the payment system. 3. The customer is obliged to pay within the maximum period of 7 days from the date of the sale agreement, unless the chosen method of payment requires a different deadline. If the Customer fails to make the payment within this period, then - in accordance with Art. 491 § 1 of the Civil Code (Journal of Laws 2017.459 as amended) - the Service Provider will set an additional payment deadline for the Customer, after which he will be entitled to withdraw from the contract ineffective. If the Customer declares that the service will not be fulfilled, the Service Provider may withdraw from the contract without setting an additional date, also before the specified date of performance.   § 4. Execution 1) Providing information or dietary advice as well as contact with the Customer takes place by e-mail to the e-mail address provided by the Customer, unless the parties agree otherwise. 2) Providing information or dietary advice in a manner consistent with the Regulations means that the Service Provider has fully provided the service within the meaning of the Act of May 30, 2014 on consumer rights (Journal of Laws 2017.683), which means that the Consumer loses the right to withdraw from contracts in accordance with Art. 38 point 1 of the above-mentioned the law.  CHAPTER 7. RESPONSIBILITY 1. Liability under the warranty is excluded in legal relations with customers. 2. The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty) on the terms set out in the provisions of the Civil Code (Journal of Laws 2017.459, i.e. as amended) and in the Act of May 30, 2014 on consumer rights (Dz. .U.2017.683, i.e. as amended), including the following principles: 1) a physical defect consists in the non-compliance of the Goods with the contract. In particular, the Product is inconsistent with the contract if: a) The goods do not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination; b) The goods do not have properties that the Seller has provided to the Consumer; c) The goods are not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use; d) The product has been delivered to the Consumer incomplete. 2) The Goods have a legal defect if the Goods are the property of a third party or if they are encumbered with the right of a third party, and if the restriction in the use or disposal of the Goods results from a decision or judgment of a competent authority; in the event of the sale of the right, the Seller is also responsible for the existence of the law; 3) The Seller is liable under the warranty for physical defects that existed at the time the danger passed on to the Consumer or resulted from a cause inherent in the Goods at the same time. 4) The Seller is released from liability under the warranty if the Consumer knew about the defect at the time of concluding the contract;  5) if a physical defect has been found within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time the danger passed on to the Consumer; 6) The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the consumer, and if the Goods purchased by the Consumer are used movables, the Seller is liable under the warranty if the physical defect is found within one year from the date of delivery of the Goods; 7) the Consumer's rights under the warranty are: a) request for a reduction in the price of the Goods or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect; b) The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the Product be replaced with a Product free from defects, or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the proposed method. by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed; 8) The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller's expense to the place indicated in the contract, and if such a place is not specified in the contract - to the place where the item was delivered to him.  CHAPTER 8. PROCEDURE FOR DEALING WITH COMPLAINTS 1. Complaints should be sent to the Seller by the Customer in writing to the following address: shop@fitmuscle.pl. The customer may use the complaint template available in the store, but this is not a condition for considering the complaint. 2. If it is found that the shipment with the Goods is damaged, has suffered a loss or damage, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) submit a complaint to the Seller. Such action will allow you to pursue claims against the carrier. This is not a condition for considering the Consumer's complaint. 3. The complaint should contain a detailed description of the problem and the Client's request, possibly also photographic documentation. 4. The Seller undertakes to consider the Customer's complaint within 30 days, and the Consumer's complaint within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered to be justified. 5. If the complaint is accepted, the Seller will take appropriate action. 6. There is a possibility of using extrajudicial means of dealing with complaints and redress in legal relations with Consumers, including: 1) the possibility of resolving disputes by electronic means via the ODR platform (online dispute resolution), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL; 2) the possibility of conducting amicable proceedings before a common court or other authorities.    CHAPTER 9. WITHDRAWAL FROM THE AGREEMENT 1. Withdrawal from the Agreement by the Seller or the Customer may take place on the terms specified in the provisions of the Civil Code (Journal of Laws 2017.459, i.e. as amended). 2. The consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods. 3. Information on the withdrawal from the Agreement by the Consumer is included in the instruction on the right of withdrawal, available on the Store's website. 4. The right to withdraw from the Agreement is not entitled to the Consumer in relation to certain agreements, i.e .: 1) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement; 2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement; 3) in which the Goods are a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs; 4) in which the Goods are perishable or have a short use-by date; 5) in which the Goods are delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery; 6) in which the Goods are items that after delivery, due to their nature, are inseparably connected with other items; 7) where the Goods are alcoholic beverages, the price of which was agreed upon conclusion of the Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; 8) in which the Consumer has expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to additional services or items;  9) in which the Goods are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; 10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; 11) concluded through a public auction; 12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; 13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract. 5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him. 6. If the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. 7. The consumer is obliged to return the Goods with all the equipment, including packaging, provided that it constitutes an essential element of the Goods. The Seller may refrain from reimbursing the payment until receipt of the Goods or until proof of its return is provided to the Seller, whichever occurs first. 8. The Consumer bears only the direct costs of returning the Goods, unless the Seller agreed to bear them or did not inform the Consumer about the necessity to bear these costs. 9. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. 10. In the event of effective withdrawal from the Agreement, the Agreement is considered void.  CHAPTER 10. INTELLECTUAL PROPERTY 1. The rights to the Website and the content contained therein belong to the Seller. 2. The website address at which the Store is available, as well as the content of the website www.fitmuscle.pl are subject to copyright and are protected by copyright and intellectual property law. 3. All logos, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks etc. are registered trademarks and belong to the Seller, producer or distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the website www.fitmuscle.pl without the consent of the owner is prohibited. CHAPTER 11. FINAL PROVISIONS 1. In matters not covered by the Regulations, the relevant provisions of generally applicable law shall apply to legal relations with Clients or Consumers. 2. Any deviations from the Regulations shall be made in writing under pain of nullity. 3. The competent court to settle the dispute between the Seller and the Customer will be the competent court according to the seat of the Seller. The court competent to resolve the dispute between the Seller and the Consumer will be the court having jurisdiction according to general rules (the court of the defendant's place of residence) or another more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).