I. General Rules
1. The owner of www.getshapercut.com portal („Portal”, „Owner of the Portal”) is company:
Kobe Nutrition Sp. z.o.o (PLC)
Przemysłowa 14 Street
National Court Register no.: 0000673271
REGON no.: 367028907
NIP no.: 1132938258
(A legal entity registered by the District Court of the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register)
2. Owner of the Portal is also the entity responsible for order execution. The company Kobe Nutrition Sp. z o. o. is responsible for every actions and processes involving handling orders, product shipment, as well as Customer service (including handling complaints, returns, reimbursement of funds paid and every other proceedings regarding lack of conformity of the goods with contract).
4. The Owner of the Portal is administrator within the meaning of the polish act on protection of personal data and privacy of 29th July 1997.
5. In order to secure the safety of data transfer in relation to performance of services within the Portal, the Owner of the Portal undertakes technical and organizational means appropriate to the level of threat to the safety which can occur in relation to performance of such services.
7. The Owner of the Portal is using the mechanism of “cookies” files which are being saved by the server of the Owner of the Portal on the hard drive of the end user’s device during the use of the Portal by Buyers. The use of “cookies” files aims to secure correct functioning of the Portal on end user’s devices used by Buyers. This mechanism does not damage the end user’s device used by Buyers as well as does not cause any changes within configuration of the end user’s devices used by Buyers nor within software installed on these devices. Every Buyer can turn off the use of “cookies” within web browser of his/her end user device. However, the Owner of the Portal indicates that turning off the “cookies” can limit or disable the ability to use the Portal’s functions.
8. Taking illegal actions or supplying illegal content by Buyers is hereby strictly forbidden.
II. Orders, pricing and shippment
1. Information contained within the Portal do not constitute an offer to sell presented by the Owner of the Portal within the meaning of polish Code Civil but only an invitation for submission of tenders addressed to Buyers.
2. All prices stated within the shapercut.pl portal – depending on the language version of the Portal chose by Buyer – are expressed in polish zlotys/euro/American dollars and are gross prices (they include the VAT tax).
3. The price of each product is binding at the moment of placing an order. Buyer is hereby granted a guarantee that this price shall remain unchanged and shall be applicable during finalizing the payment.
4. The Owner of the Portal reserves the right to change the pricing of products, including introduction and termination of promotional campaigns regarding particular products offered within the Portal.
5. An order within shapercut.pl portal can be placed by an adult having full capacity to perform acts in law, a person who is healthy and does not have health contradictions or restrictions of any sort. In case of doubts regarding one’s medical condition and thyroid illnesses before placing an order it is compulsory to consult a qualified physician. Persons who remain within the boundaries of correct body weight value according to BMI index as well as persons who can suffer from underweight and incorrect body weight value according to BMI index are strictly forbidden from using the Product. In particular, an order cannot be placed by person who is:
• breast feeding;
• suffering from diabetes (regardless of type)
• suffering from heart diseases;
• suffering from hypertension
• suffering from allergy against any of the Shaper Cut’s ingredients;
6. An order can be placed via a PC computer connected to the Internet fitted with a web browser or a mobile device fitted with a web page interface system.
7. In order to complete the order Buyer must also have access to an active e-mail account.
8. In order to deliver the order, the Owner of the Portal requires correct address data of the ordering customer as well his/hers contact e-mail address and phone number (for delivery purposes).
9. Upon placing the order, Buyer hereby agrees for placing personal data in the Portal’s database in order to process such data for the purposes of completing the order. Buyer has the right to access his personal data, change data and demand its removal.
10. The Owner of the Portal has to right to verify every order placed. Completion of the order may be halted or cancelled in case of lack of possibility to verify the order.
11. Forms of payment accepted by the Owner of the Portal:
Simplified payments via tPay system;
bank transfer via tPay system;
12. Regardless of the chosen form of payment (credit card, bank transfer, using PayU system or collect shipment) every shipment delivered within the territory of Poland and countries within the European Union are shipped using a reputable courier company, free of charge.
13. Shipments are delivered to Buyer using a courier company to the address indicted within the order form.
14. A courier company is obliged to deliver the shipment without any defects.
15. Buyer should examine the delivered shipment in sufficient time and way applicable to the shipments in question, in presence of a courier company’s employee.
16. The exact amount due to be paid by Buyer is a gross price. This amount is not subject to any additional charges. The amount in question includes every actions undertaken by Kobe Nutrition Sp. z o.o. company in relation to completing the order. Should Buyer require a VAT invoice to be issued, Kobe Nutrition Sp. z o.o. must be informed about such a request within 14 (fourteen) days since effectively placing the order, using any of the communication channels provided. In order to issue a correct VAT invoice Buyer shall make available to Kobe Nutrition Sp. z o.o. all the necessary data required to issue a VAT invoice, pursuant to the letter of law.
17. Dispatch of ordered goods (excluding the collect shipment orders, paid in cash) shall be sent within 48 hours since the moment of entry of the payment in the accounts.
18. Delivery of shipment within the territory of Poland takes up to 3 days since the date of dispatch.
19. Delivery of shipment within the territory of European Union takes up to 5 days since the date of dispatch.
20. In individual cases the Owner of the Portal has the right to dispatch the shipment at a later day, due to events beyond control of the Owner of the Portal. In case of temporary lack of product within warehouse it shall be delivered immediately after receiving another batch of products from the producer of the product. Buyer shall be informed about the above lack of product and a predicted dispatch date via e-mail. In such an event Buyer has the right to withdraw from the contract, as well as reimbursement of the full amount paid.
21. Ordered product shall be delivered in the original and unopened packaging. In case of receiving an incomplete order please file a complaint.
22. A complete product consists of a non-separable set of: individually prepared diet and dietary supplement Shaper Cut.
23. Product shall be delivered within the following countries:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
III. Simplified payments via tPay system
1. Simplified payments are serviced by Krajowy Integrator Płatności JSC, Świętego Marcina 73/6 Street, 61-808 Poznań, NIP no: 7773061579, REGON no: 300878437, District Court of Poznań – Nowe Miasto i Wilda in Poznań, XVIII Commercial Division of the National Court, KRS no: 0000412357
2. Buyer can finalise the payment for the order delivered by the Owner of the Portal using credit cards via the PayU platform (hereinafter: “Payment Operator”) in a simplified form, i.e. without having to provide all the credit card details in each and every case.
3. The process of payment consists of two steps – firstly, the credit card details are provided and then the credit card is charged.
4. All the credit card’s details are returned from PayU in the form of a token along with masked number of each credit card and the expiration date – the Portal is not provided with a complete number of credit card’s details nor can it process such a number.
5. In such an event credit card details are processed solely by the Payment Operator.
IV. Claims & Complaints
1. The following products are subject to complaints:
• having defects;
• inconsistent with the order;
• damaged during delivery.
2. Buyer is obliged to verify the ordered product and content of the shipment in presence of the courier. In the event of damage dealt to the product during delivery, in order to expedite the complaint process, we advise to take pictures of the damages shipment.
3. In order for claim to be reviewed a complaint should be filed within 14 days since the day of receiving the delivery. Buyer should file a complaint by filling in the complaint form, stating the scope of complaint and indicating the subject of complaint along with a short justification and description of the reasons for filing complaint.
4. Complaints shall be reviewed by the Owner of the Portal based on the date of receiving complaint.
5. In the event of lack of information necessary for review of the complaint the Owner of the Portal has the right to get in contact with Buyer, using contact data provided during placing the order, with the aim of completing all the information necessary to review Buyer’s complaint. Such a contact shall occur within 7 (seven) days since the date of receiving the complaint form by the Owner of the Portal.
6. The Owner of the Portal shall inform the Buyer about a positive or negative response to each complaint, as soon as possible.
7. Complaint shall be reviewed by the Owner of the Portal within 14 days since the date of receiving a duly completed complaint form.
8. On the grounds of a polish Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, pos. 827), a consumer who has contracted at a distance, may withdraw from it by making a statement in writing within thirty calendar days, without giving any reason and without bearing any costs, excluding the costs listed below.
9. The period for withdrawal from the Contract shall start from the day of coming into Buyer’s possession.
10. Buyer is obliged to return the product to the Owner of the Portal immediately, no longer than until 14th day since the day of withdrawing from the Contract.
In light of the article 38 of the polish Act on Consumer Rights the provision of sealed products which cannot be returned for health or hygiene reasons and which have been unsealed by the consumer shall be exempt from the right of withdrawal in respect of distance and off-premises contracts.
11. The total amount recoverable by way of complaint or withdrawal shall be transferred in the same way as is has been transferred during the payment process within 7 days from the date of positively reviewing the complaint or receiving a duly filed withdrawal form. The product subject to complaint or withdrawal should be delivered to the following address:
Kobe Nutrition Sp z o.o.
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V. Personal Data and Privacy
3. Buyer hereby voluntarily provides his/her personal data to the Owner of the Portal, provided that lack of providing sufficient data during the process of purchase prevents both placing and completing Buyer’s order.
4. Every person who provides the Owner of the Portal with his/her personal data has the right to access such data and introduce amendments.
5. The Owner of the Portal provides for the possibility of removing personal data held within register. The Owner of the Portal has the right to deny the right to removing personal data, if the Buyer failed to finalize all payments due to the Payment Operator or violated applicable legal provisions, whereas preservation of such data is necessary to clearly explain these circumstances and establish the legal liability of Buyer by legal means.
6. The Owner of the Portal protects personal data provided and makes every effort to safeguard such data from unauthorized access or use.
7. Should Buyer choose PayU type of payment, his/her personal data shall be made available to PayU S.A., company with its registered office in Poznań, within the scope necessary to complete the order.
VI. Final Provisions
1. The Owner of the Portal is legally responsible for a non-performance or improper performance of the obligation arising from the contract, however in case of contracts concluded between Buyers who are Entrepreneurs the Owner of the Portal shall be responsible only in the event of dealing deliberate damage and to the extent of the actual loss suffered by the Buyer who is an Entrepreneur.
2. An individual dietary plan is made available to the Buyer in the form of a digital file – an e- book. Buyer has the right to keep such file and enter it into the memory of a PC or any other device only with the aim of reviewing its content.
3. All the copyrights and related rights are non-marketable and remain with the Owner of the Portal.
4. All the copyrights and related rights are not under any circumstances subject of transfer onto the Buyer.
6. The Owner of the Portal does not agree to any form of distribution of the e-book, making it available to third persons or displaying it publically.
7. Buyer is obliged to ascertain that third persons have no access nor a possibility of copying or distributing or publically displaying the e-book without acquiring a prior consent of the Owner of the Portal.
8. In the event of occurrence of the situation stipulated in point 7 above the Owner of the Portal has the right to address claims to Buyer, who is the owner of an individual e-book, on the grounds of breaking copyrights to the individual copy.
9. Every e-book and digital content found both in written and graphic form made available within shapercut.com domain are subject to legal protection pursuant to the polish act on copyrights. (Journal of Laws 1994 no. 24 pos. 83)
10. Shapercut.pl portal is not a source of any medical information and the information contained therein cannot be substituted for a consultation with a doctor, pharmacist or dietician.
12. In order to sign out from the newsletter it is sufficient to send an e-mail with the words „sign out from the newsletter” to the address: [email protected]
14. Any disputes formed between the Owner of the Portal and Buyer shall be settled by the applicable courts.
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