Odżywki i suplementy
These Regulations (which are also regulations within the meaning of the Act of 18 July 2002 on electronic services) set out the rules for the use by Sellers of the Website, whichan Internetplatform
includes an online shop at the following Internet addresses: mz-store.pl, muscle-zone.pl, mz-store.co.uk, mz-store.de, mz-store.it, mz-store.at, mz-store.es (hereinafter referred to as: "Service" or "
MZ-Store" or "MZ-STORE"), which is operated by Łukasz Szostko conducting business activity under the name Łukasz Szostko WebTrading-Group, at the address: ul. Miętowa nr 3 lok. 04, 81-589 Gdynia, holding NIP number 5862110835, acting on the basis of an entry in the Central Registration and Information on Business Activity (hereinafter the "Administrator").
GENERAL PROVISIONS
The regulations define the detailed rules of providing electronic services by the Administrator for the Seller within the Marketplace functionality available in the Service.
Provision of electronic services
As part of MZ-STORE, the Administrator undertakes to provide services electronically to the extent
and under the conditions set out in these Terms of Use and a separate agreement for the provision of services through the Marketplace.
Minimum technical requirements to use MZ-STORE:
Internet access,
access to an active web browser in at least Internet Explorer 8, Chrome 16, FireFox 10, Opera 11, Safari 5 or later with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s. The MZ-STORE website is optimised for a minimum screen resolution of 1024x768 pixels,
access to active e-mail.
By means of MZ-STORE, the Administrator provides, within the Marketplace functionality, an electronic Seller's Account service aimed at presenting and selling Seller's Products (concluding Product Sales Agreements between Seller and Buyers through the Website).
The service of registration and keeping a Seller Account is available only to Sellers who run a business.
In the registration form for Sellers available on MZ-STORE, the Seller is required to provide the information necessary to set up a Seller Account:
the name and surname or business name under which the entity operates, in accordance with the entry in the relevant register (CEIDG, National Court Register, the relevant equivalent of the register of entrepreneurs abroad, etc.);
the name of the persons empowered to represent the entity which is not a natural person;
the registered office address and, in the case of natural persons exercising an economic activity, the place of business;
e-mail address;
telephone;
tax identification number.
The Administrator reserves the right to request additional declarations and documents confirming the conduct of business by entities having their registered office, registered business activity or actual place of business outside the territory of Poland along with their translations into Polish or English.
The Administrator reserves the right to refuse to activate the Seller's Account without giving any reason.
The Administrator shall not be liable for the accuracy of the data provided by the Seller.
During registration, the User establishes his/her Login and individual Password.
Activation of the Seller's Account takes place after correct filling in of the registration
and signing the contract for provision of services through the Marketplace.
If doubts arise as to the authenticity of the data provided by the vendor, the administrator shall be entitled to verify them, in particular through the right to request the vendor to provide or produce documents within a specified period of time confirming the data provided during the registration process, under pain of removing the vendor's account.
The Seller shall be obliged to make every effort to keep the Password confidential and not to make it available to third parties. If there are circumstances indicating a suspicion that the Password is in the possession of an unauthorized person, the Seller shall be obliged to immediately inform the Admin thereof, using any available means of communication. In such a situation, the Seller shall immediately change the Password using the relevant functionalities within the Seller's Account.
The Administrator shall be entitled to block the Vendor's Account, limit its functionality or suspend the Vendor's Account if the Vendor violates the provisions of these Terms, as well as in the case of using MZ-STORE for activities that are illegal, violate the rules of social coexistence or otherwise infringe the rights of third parties. Failure to comply with the provisions of these Regulations shall be deemed in particular the provision of false data during the registration process, as well as failure by the Seller to provide or submit within the prescribed period documents confirming the data contained in the Seller's Account.
The administrator will inform the seller about the intention to suspend or limit the functionality of the seller's account to the e-mail address specified in the settings of the seller's account.
Administrator has the right to temporarily suspend MZ-STORE and the offered Services
for maintenance or upgrade purposes In such a case, the Administrator shall notify the Vendor at the e-mail address specified in the settings of the Vendor's Account.
Administrator further informs that in case of temporary unavailability of MZ-STORE related
IT system irregularities, he shall undertake immediate actions in order to restore full functionality of MZ-STORE. Any irregularities related to the technical support of MZ-STORE can be reported to the e-mail address: ffice@mz-store.pl
The Administrator reserves the right to exclude the possibility of providing services for certain Product categories or specific Products. In this case the Administrator will notify the Seller at the e-mail address indicated in the settings of the Seller's Account about this fact.
Termination of the Agreement shall be in accordance with the terms of the Marketplace Service Agreement.
Terms and conditions of cooperation
In order to use the MZ-STORE functionality offered to Vendors, it is necessary to register, sign a service agreement via the Marketplace and set up a Vendor Account.
Registration means acceptance of these Regulations as an integral part of the Agreement
provision of services through the Marketplace concluded between the Administrator and the Seller.
An agreement for the provision of services through the Marketplace concluded by the Administrator and a Seller does not create any effects of cooperation on the principles of agency, commission, partnership, joint venture, employment relationship or franchise.
The Administrator enables the Seller to place the Seller's Product offers on MZ-STORE on the basis of the current Product card provided in the correct data file.
The Seller is obliged to make available the current Product card. The Seller is solely responsible for the content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, objects, goods, services, links, etc. provided by the Seller.
Rules of sale
Marketing:
The Administrator, through MZ-STORE, enables Vendors to conclude sales agreements with Customers, in accordance with the content of the Product cards provided by the Vendor on MZ-STORE and under the terms of the Terms and Conditions for Buyers.
Product charts provided by the Seller are commercial information and constitute an invitation to conclude a Sales Agreement within the meaning of the Civil Code.
is not a party to the Sales Agreement concluded between the Seller and
the Customer. The role of the Administrator is to provide a place - a trading platform (marketplace), where the parties (Seller and Buyer) can conclude a sales agreement.
The Administrator shall not be held liable for non-performance or undue performance of sales agreements concluded between Sellers. In particular, the Administrator shall not be held liable for quality, safety or legality of Products sold by Sellers through MZ-STORE, Sellers' ability to sell, solvency of Buyers and truthfulness
reliability of information provided by the Parties (both Sellers and Buyers)
In order to place the Product card on MZ-STORE, the Merchant is obliged to send to the e-mail address: office@mz-store.pl a data file containing a description of the Product and data describing the conditions of the Transaction (hereinafter also Commercial Information).
The administrator places the submitted commercial information on MZ-STORE within 48 h after all the required data have been submitted. If the description of the Commercial Information contains omissions or inaccuracies, a request to complete or correct the data will be sent to the e-mail address of the Seller. The completed Commercial Information is placed on MZ-STORE within 24 h after the completion/correction. If the Vendor does not respond within 3 working days from the date of sending the e-mail by the Administrator with a request to complete or correct the data, the Commercial Information shall not be placed on MZ-STORE (cancellation).
The Seller is obliged to fulfil his obligations towards the Purchasers in accordance with the offer conditions indicated in the Commercial Information.
The Seller guarantees that the content of the Commercial Information sent is reliable and complete and does not contain information that may mislead the Buyers or third parties. The content of Commercial Information may relate solely to its subject matter. In the case of Commercial Information addressed to consumers, the Seller shall be obliged to prepare offers taking into account all legal requirements concerning the protection of consumer rights.
It is forbidden to provide unlawful content and to use MZ-STORE or electronic services provided by the Administrator in a manner contrary to the law, morality or in a way violating personal rights of third parties or justified interests of the Administrator.
You may not post commercial information on the Products which is prohibited by law or which infringes public decency.
The Seller shall bear full and exclusive liability for the accuracy of data provided in the Commercial Information. Administrator is not entitled to interfere with the content of Commercial Information except for its technical placement on MZ-STORE and the right torequestSeller
complete the missing data or correct obvious inaccuracies
The Seller declares that the content of the Commercial Information complies with the applicable provisions of the law and that it holds the intellectual property rights to the content of the Commercial Information (including the verbal description, graphics, etc.). The Seller declares that the content of the Commercial Information does not infringe any rights of third parties or is not subject to any infringement actions or other reasons. The Seller shall be liable for the accuracy of the statement referred to in the preceding sentence, in particular for any claims or objections from any persons claiming intellectual property rights to the content of the Commercial Information or any other charges, including charges of unfair competition.
If the Administrator obtains information about the promotion of Products violating the law, decency or fair competition, the Administrator shall be entitled to terminate the Service with immediate effect or suspend its provision.
Sales process
The Administrator places a Commercial Information constituting an invitation to conclude a sales agreement for a Product received from a Seller on MZ-STORE. As soon as the Seller's Commercial Information is placed on MZ-STORE, it becomes available to potential Buyers.
A Buyer interested in purchasing a Product from a Seller submits an enquiry (hereinafter referred to as an order) to the Seller via MZ-STORE by using the "I buy" button.
At the moment of accepting an order by the Seller, a Sales Agreement is concluded between the Seller and the Buyer. Confirmation of the conclusion of a Sales Agreement is an email sent from the Seller's Account to the Buyer's email address.
Buyers shall make payment for the purchased Products via the electronic payment system integrated into MZ-STORE. The Seller may also offer Buyers the option to pay upon personal collection or cash on delivery.
The execution of orders placed by Buyers takes place with the help of tools made available to the Seller on MZ-STORE in the Seller's Account (i.e.: taking orders, choosing the method of delivery, processing complaints).
The Seller shall be able to view the status of orders concerning its Products through the functionality of the Seller's Account.
The Seller is obliged to handle orders, deliveries and complaints exclusively by means of the tools made available to him in the Seller's Account.
The execution of orders by the Seller, as well as the delivery of the Product and the execution of the complaint process takes place on principles no less favourable for the Buyers than those defined in: the present Seller's Regulations, the Customer's Regulations and in accordance with the applicable law.
The Seller undertakes to process orders within the timeframes specified in the Terms and Conditions for Buyers (Customer Terms and Conditions).
Along with the ordered Product, the Seller shall be obliged to provide the Buyer with all documents required by law, in particular appropriate accounting documents (receipt or VAT invoice).
If the Seller fails to deliver the ordered Product or delivers it with a delay exceeding 30 days (unless otherwise specified in the Customer Terms and Conditions), the Administrator shall be entitled to claim from the Seller, in each such case, a contractual penalty in the amount of the price of the Product to which the delay referred, which does not release the Seller from his obligations resulting
order and legal regulations towards the Customer
Intellectual property
The Seller acknowledges that all intellectual property rights related to Services provided as part of MZ-STORE functionality belong to the Administrator. It is prohibited to use these intellectual property rights or the Service for purposes other than those strictly related to the use of the Service as set out in these Terms.
The administrator reserves the right to remove or block access to materials provided by the vendor, in relation to which the administrator became aware that they may violate intellectual property rights belonging to third parties.
In case of suspicion of infringement of intellectual property rights you should send an application to the Administrator together with evidence of the infringement of intellectual property rights to the following e-mail address: office@mz-store.pl. Applications will be reviewed within 30 days of receipt.
Upon receipt of a notice of infringement of a third party's intellectual property rights, the Administrator, at its sole discretion, reserves the right to:
remove or suspend access to material which infringes intellectual property rights;
notify the Seller who provided the material infringing intellectual
removal or suspension of access to the material infringing intellectual property rights or
intention to undertake the above actions Moreover, in the case of repeated infringement of intellectual property rights by the Seller, the Admin shall have the right to terminate the cooperation agreement with the Seller and delete the Seller's Account.
If the Seller believes that the material provided by him does not infringe intellectual property rights of third parties and claims that he is entitled to publish and use the provided materials in accordance with the law, he has the right to object to the Administrator's removal or suspension of access to the materials provided by him.
The Administrator shall accept the objection if the Seller provides the Administrator with evidence of ownership of intellectual property rights to the disputed materials and such evidence is beyond doubt.
Notwithstanding the provisions of the preceding paragraphs, Seller warrants to Administrator that in the event of any financial claims or any other actions, claims or objections by any third parties claiming intellectual property rights to materials delivered by Seller or any allegations of unfair competition, Seller shall indemnify Administrator against any liabilities by entering into a pending lawsuit and/or paying any claims that may be made on this account against Administrator.
Protection of personal data
Personal data provided by Sellers and Buyers are processed by the Administrator in accordance with applicable laws. Specific terms and conditions of personal data processing are defined in the agreement of entrustment of personal data processing, information clause included in the Buyers' Rules and in a separate tab on MZ-STORE.
The personal data of Buyers and Sellers are processed for purposes related to the execution of orders, deliveries, processing of complaints and in other cases, with the prior consent of the data subject.
Personal data of Buyers and Sellers made available in connection with the purposesin the
preceding paragraph may not be disclosed to third parties unless the disclosing entity obtains the prior consent of the data subject.
Any use of personal data obtained through the Seller's functionality and in accordance with these Terms and Conditions for commercial purposes is prohibited.
Complaints
Complaints related to the Services provided by the Administrator may be submitted by the Sellers in electronic form to the e-mail address: office@mz-store.pl
A properly made complaint should include at least the following details:
Seller designation;
the subject of the complaint;
the circumstances justifying the complaint.
The Administrator shall examine the complaint within 14 days of its receipt.
If the submitted complaint does not contain the information necessary for its examination, the Administrator shall request the Seller to supplement the complaint, in which case the 14-day period for examination of the complaint starts from the date of delivery of the supplemented complaint.
The answer to the complaint is sent to the e-mail address indicated in the Seller's Account. In special cases the Administrator can send the answer to the complaint to another e-mail address or correspondence address indicated by the Seller.
Amendments to the Rules of Procedure
These Regulations are effective as of:04.01.2022.
The Rules of Procedure may be amended for important reasons, which are considered to be in particular:
change of address details;
change of the company (name) of the Administrator;
assumption of the rights and obligations of the Administrator by another entity through legal succession;
a technical change concerning the operation of MZ-STORE;
a change in applicable law.
The administrator shall inform about amendments to the Terms of Use by means of an e-mail message sent to the e-mail address of the Seller indicated within the Seller's Account.
The amendments referred to above shall be effective in relation to the Sellers who have not terminated the Cooperation Agreement within 14 days from the date of notification of the amendment to the Regulations.
Orders placed before these Terms and Conditions came into force are executed in accordance with the existing wording of the Terms and Conditions.
Final provisions
If any provision of these Terms and Conditions is found to be invalid by a final court decision, the remaining provisions shall remain in force.
Transfer by the Seller of any rights and obligations under these Terms and Conditions shall require the prior written consent of the Administrator.
The Administrator may also make MZ-STORE available by means of other tools such as a mobile application. In this case, specific conditions for the use of the new tools will be defined.
These Regulations are made available on MZ-STORE.
Customer service
Consultations
Complaints
