BY MEANS OF DISTANCE COMMUNICATION AND ELECTRONIC SERVICES PROVIDED

These regulations define the rules for making purchases in the online store run by the Seller at https://atommuscle.pl/

The seller is the company: AtomMuscle ul. Fr. J. Popiełuszki 58/60 97-200 Tomaszów Mazowiecki, subject to entry in the Central Business Register and registered under the NIP number 773-234-30-45, REGON 101744722 also referred to as the "Service Provider".

Contact with the Service Provider can be obtained: by phone: +48 883 633 404 (call paid in accordance with the normal rates of the operator of the person calling the call) or by using the e-mail address: office@atommuscle.pl or via the contact form available at: https: / /atommuscle.pl/kontakt.

1 Definitions

1. Regulations - these regulations. In terms of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. Customer (Buyer) - a natural person who is at least 13 years of age, but if this person is not 18 years of age, the consent of his legal representative is required, as well as a legal person and an organizational unit that is not a legal person whose provisions they grant specific legal capacity, and which places or intends to place an Order or uses other services of the Online Store (including the Consumer).
3. Subject of the transaction - Goods listed and described on the website of the Online Store. The Seller makes every effort to ensure that the offer presented on the website is up-to-date. However, if some of the Ordered Goods were not available, the Seller undertakes to immediately inform the Buyer about the situation by phone or e-mail.
4. Goods - a movable item covered by the Sales Agreement.
5.  Additional service - a service provided by the Seller to the Customer outside the Online Store due to the nature of the products sold.
6. Product - Goods and Additional Services presented in the Online Store.
7. Sales Agreement - a contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer (Buyer), using means of distance communication (including by phone and e-mail).
8. AtomMuscle Online Store (Store, Online Store) - a website available at https://atommuscle.pl/, through which the Customer can purchase the Product.
9. Party - Seller and Customer (Buyer).
10. Store website - each website or subpage located at https://atommuscle.pl/
11. Order - Customer's declaration of will clearly specifying the type and quantity of Products, aimed directly at concluding a Distance Sale Agreement via the Online Store.

2 General rules

1. The condition for placing an Order in the Online Store by the Buyer is to read these Regulations and accept its provisions during the execution of the Order.
2. The Online Store conducts retail sales via the Internet.
3. All products offered in the Online Store are brand new, originally packed, free from physical and legal defects, and have been legally placed on the Polish market, unless otherwise clearly indicated in the product description.
4. One commercial transaction may concern several products

3 Placing orders

1. All prices listed on the Store's websites are gross prices, given in EURO (including VAT). The prices given do not include shipping costs. Due to the dependence of shipping costs on the type and quantity of the product sold, the final price is the sum of the product price and the shipping price determined in accordance with separate provisions.
2. Orders are accepted via the website, by phone or by e-mail.
3. Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year. Placing orders by phone or e-mail is possible only during the hours specified on the website of the Online Store.
4. The order is effective if the Buyer correctly completes the entire order form and correctly provides contact details, including the exact address to which the Goods are to be sent, as well as the telephone number and e-mail address.
5. The Seller confirms each receipt of the order and the correctness of the completed form by contacting the Buyer. The Seller verifies the data of each order by contacting the Buyer with the contact details provided by him. In the event that the Buyer knows, expects or should expect obstacles that prevent or seriously hinder the confirmation of the order by the Seller, the Buyer may not place an order via the Online Store.
6. The buyer agrees to issue and send electronically, to the e-mail address provided by him, an electronic image of settlement documents, in particular, such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms.

This consent also entitles the Seller to issue and send VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of December 17, 2010. on sending invoices in electronic form, the rules for their storage and the procedure for making them available to the tax authority or the fiscal control authority. The buyer may request a VAT invoice to be issued in a traditional form.

1. When placing the Order, the Buyer may voluntarily consent to the placement of personal data in the Seller's Online Store database for the purpose of processing them in connection with the execution of the Order. In the event of consent, the Buyer has the right to inspect his data, correct it and request its removal. The Buyer's personal data will be used for the purposes of shipping the goods to the Buyer and handling possible complaints about the goods. In the absence of separate contracts, the Buyer's personal data will be deleted within 3 years from the date of purchase of the goods.
2. The Buyer may use the option of remembering his data by the system in order to facilitate the process of placing another Order. For this purpose, the Buyer should provide the login and password necessary to access his account. The Customer's login is the e-mail address provided by him. The password is a sequence of characters set by the Customer. The Customer's password is not known to the Seller and the Customer is obliged to keep it secret and protect it against unauthorized access by third parties.
3. The time of commencement of order fulfillment is the moment the payment is credited to the bank account specified in the order confirmation in the case of payment by bank transfer or the moment the order is placed in the case of card payment or the choice of the "cash on delivery" option and consists of:

◾the time needed to prepare the goods (preparation of the goods, packing, courier clearance), which is:

- for goods in stock - up to 10 business days

- for goods made to order - up to 30 business days - in the case of purchasing groupons via the website - www.groupon.pl - it is consistent with the date specified on the groupon offer website (usually up to 14 business days)

- for Allegro orders up to 8 business days - unless the auction contains information about a different time

◾ time in which the courier will deliver the parcel - (from 24 to 48 hours)

1. In the event of the availability of a product with an obviously overstated or lowered price in the Online Store, the Customer is obliged to verify the price of the product via e-mail or by phone before placing the order. The Seller reserves the right to withdraw from the contract with reference to acting under the influence of an error due to an obvious typographical error or a technical defect if the Customer places an order without verification of such a price.
2. The goods sold for transport are packed in rolls in accordance with the Manufacturer's recommendations. In the case of an individual order, at the customer's request, there is a possibility of non-standard packaging, while the risk of such packaging (casing folds, breakages, etc.) is borne by the customer.

4 Shipping costs and date

1. The goods are sent to the address indicated in the order form or provided by phone or e-mail.
2. The goods are delivered by specialized courier companies or via Poczta Polska. In some cases, it is possible to collect the goods in person at the seller's premises. The Seller may agree to send the parcel in a different way, which will be indicated by the Customer. The customer decides on the method of delivery or collection of the goods.
3. The Seller informs on the Store's website about the shipping companies with which it cooperates, the costs of sending the parcel, the regulations for the provision of services by these companies and the estimated delivery date.
4. The buyer is charged for delivery (shipping) specified in the transport price list.

• 5 Payments

1. The Seller issues a receipt or a personal proof of purchase (invoice) for each sold product.
2. You can pay for purchases in the store in the following ways:

• by transfer to a bank account. The account number is available on the store's website in the "about us" tab and is sent by e-mail when the order is completed and ready for payment. At the customer's request, a pro-forma invoice is sent. The goods are shipped after the amount is credited to the Store's bank account. Payments should be made only after the Store confirms the purchase.
• by credit card or fast online transfer "PayU'' transfer
• with deferred payment (this applies only to institutional recipients, after individual arrangement).
• cash on delivery - payment on delivery

3.The buyer chooses one of the above options when placing the order. For some types of assortment, the Seller reserves the right to limit the payment method by disabling selected payment options on the website, which the buyer is informed about before making the purchase.

6 Receipt of goods

1. Deliveries are made only on the territory of the Republic of Poland.
2. Before collecting the parcel from the post office or from the courier, check that the packaging has not been damaged during transport. In particular, pay attention to the condition of the tapes or seals affixed to the package. If the package of the shipment is damaged or the seals (tapes) are broken, do not accept the shipment and prepare a damage report in the presence of the courier and contact the Seller as soon as possible to clarify the matter. Failure to find any irregularities in the quantitative or qualitative condition of the shipment upon receipt may have a negative impact on the result of considering the Customer's claims for damage or theft of the shipment in transit. This provision of the Regulations is related to the Regulations of carriage posted on the Store's Website at https://atommuscle.pl/regulamin, which are binding on the Seller.

7 Withdrawal from the contract

1. A customer who has concluded a distance contract has the right to withdraw from the contract without giving a reason by sending the Seller a declaration of withdrawal from the contract, e.g. in the form of a withdrawal form. This right is only valid for 14 days from the date of delivery of the item. To meet this deadline, it is enough to send a declaration of withdrawal from the contract. The consumer is obliged to return the item to the entrepreneur or hand it over to the person authorized by the entrepreneur to pick it up immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the seller offered to pick up the item himself. To meet the deadline, it is enough to return the items before its expiry.
2. The 14-day period begins for a contract in which the entrepreneur issues the item, being obliged to transfer its ownership - from taking possession of the item by the consumer or a third party designated by him other than the carrier, and in the case of a contract which:

• covers many items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part,
• consists in regular delivery of items for a specified period of time - from taking possession of the first item;
• for other contracts - from the date of conclusion of the contract.

1. The law indicated in this paragraph applies to sales to consumers.
2. The goods returned in this mode will be accepted only if they are sent back fully complete, and the product itself and accessories are undamaged and will not bear traces of use, indicating a different use of the product than just for the purpose of checking it.
3. The right to withdraw from a distance contract is not entitled to the Customer in cases of contracts relating to:

• products with properties specified by the Consumer (individual orders) in the order placed by him or closely related to his person. By such services, the Seller and the Customer also understand the products made for the Customer, according to his order (products specially prepared at the Customer's request). The above does not limit the Customer's right to pursue claims arising from the defectiveness of the delivered product.
• products delivered in sealed packaging, which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging has been opened after delivery;
• products which after delivery, due to their nature, are inseparably mixed with other items;
• as well as in a situation where the consumer has expressly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur 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 contract with regard to additional services or items;

1.  In the event of exercising the right to withdraw from the contract, the returned goods should be sent back to the address of the Seller's registered office.
2. The return shipment, if it has not been done before, should be accompanied by a written declaration of withdrawal from the contract (e.g. in the form below) and the account number to which the Online Store is to return the money.
3. The Seller will refund the Buyer the money for the purchase made immediately, no later than within 14 days from the date on which he receives the effective declaration of withdrawal from the contract. If the Seller has not offered to collect the goods from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the goods are returned or the consumer provides proof of its return, whichever occurs first.
4. The consumer is obliged to bear only the direct costs of returning the goods, unless the Seller has agreed to bear them. If the consumer has chosen a product 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.
5. Withdrawal from the sales contract can be sent using the contact form at https://atommuscle.pl/kontakt.

8 Complaints procedure

1. All products are covered by the seller's 24-month liability for non-compliance of the goods with the contract,
2. Complaints based on the seller's liability for non-compliance of the goods with the contract should be submitted in writing to the address of the store together with the goods complained about.
3. In such a case, the goods under complaint must be delivered in person or sent to the address of the Store. The product can be sent back at the expense of the Seller to his address after prior notification of the defect by phone and agreeing on the details of the return.
4. Complaints are considered within 14 days. In the event of repair or replacement of the product with a new one, this period may be extended by the time needed to send the product to the manufacturer and send it to the Store, and then deliver it to the Customer.

9 Privacy policy and personal data protection

1. The administrator of databases of personal data provided by customers of the Online Store in connection with purchases is the Seller.
2.  Personal data is used to implement sales contracts, therefore, they may be transferred to entities responsible for the delivery of purchased goods to the customer and, in the case of installment purchases, to institutions that credit the purchase. Customers have the right to access their data and to correct and delete them. The data is provided voluntarily and only for the purpose of performing the contract.

10 Final provisions

1. In matters not covered by these Regulations, Polish law shall apply.
2. Disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Store and the Customers, will be considered by the court competent for the seat of the defendant according to the provisions on factual and local jurisdiction in accordance with the Act of November 17, 1964, Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
3. Disputes can also be settled out of court. The methods of resolving such disputes are e.g.

mediation - procedures in which the consumer and the entrepreneur resolve a disagreement with the participation of a mediator. Importantly, this person does not resolve the conflict, but only mediates in the negotiations between the parties, helping them choose a common, mutually acceptable solution. Lists of court mediators are kept by District Courts.

arbitration - a method of resolving a dispute without the participation of a court. His competences are taken over by an impartial specialist - an arbitrator.

complaint committees - created jointly or independently by business associations, economic institutions or consumer organizations. Their actions are based on the provisions of common law or the principles of self-regulation. The decisions of the Commission are usually of a non-binding nature. Despite this, the decision is important to the entrepreneur's reputation. Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Information on how to access the above-mentioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, under the slogan: "Settlement of consumer disputes".

1. The Seller reserves the right to amend these Regulations, with the proviso that contracts concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force at the time of placing the order by the Customer.
2. These regulations are part of the sales contract concluded by the Store and the Customer.
3. Date of publication of the Regulations: 01/12/2018
4. Dates of amendments to the Regulations: 01/12/2018

Shipping, Availability and Payment.

1. Shipping Policy

• Goods purchased in the online store located at: https://atommuscle.pl/ are shipped via the DPD courier company.
• The goods may be shipped using another company, subject to prior agreement between the parties.
• The buyer using the services of the courier company declares that he has read the current Regulations for the provision of services available on the website dpd.pl
• These Regulations do not prejudice any rights of consumers, in the event of a conflict of any provisions of these Regulations with the provisions of applicable law, the generally applicable provisions shall apply.
• The Buyer declares that the scope of his enterprise does not include the activity of transporting goods.
• The purchased goods are delivered only in Poland. It is allowed to ship outside Poland after prior arrangement with the Buyer on the method, date and cost of shipping the goods.

2. Shipping costs.

The online store charges a fee including the shipping cost in the amount consistent with the information on the product card. The company reserves the right to update the fee for the shipment charged automatically by the online store - in the case of oversized packages (large in volume or weight), in a situation where, at the customer's request, as a result of an arrangement with the customer, the goods will be shipped with a larger number of shipments or at different times, which is automatic, in manner independent of the Seller increases the price of transport. The Seller is obliged to immediately inform the Buyer about the reason for which the transport fee must be changed. The buyer has the right to withdraw from the contract if the newly determined rate for transport is higher than the originally charged rate and does not agree to incur higher shipping costs.

3. Delivery time

The guaranteed date of delivery of the package by the courier company is 48 hours. The courier company is not obliged to bring the goods to the Buyer's door.

4. Method of packaging Each product that leaves the warehouse is carefully secured to minimize the risk of damage. At the time of delivery, please check the package carefully at the courier and in the event of any damage, write down the protocol required by the courier company to file a complaint.
5. Delivery time

The delivery time consists of preparing the goods (packing) and clearing the courier, which is:

• For goods in stock - up to 7 business days,
• For goods made to order - up to 14 business days.

Changes to the delivery date, for reasons for which the Seller is not responsible, will always take place by agreement with the Buyer, with the possibility of the Buyer withdrawing from the contract if this date is changed to his disadvantage. The delivery is carried out after the payment of the price and possible delivery fee in accordance with the Store Regulations.

6. Availability of goods

Our company has a large amount of goods in stock, so the products are available "on the spot", in the case of some products, according to the information provided on the product page, the order fulfillment time may be longer. Please inquire about the availability of the goods at the following e-mail address: office@atommuscle.pl or by calling the number provided on the website. The goods are shipped from Monday to Friday. The time of delivery by the courier should be added to the time of order fulfillment. The courier delivers the parcel on the next business day from the date of sending the parcel, subject to the change of the delivery date by the courier, based on the regulations for the provision of courier services referred to above. In the event of the customer's absence during the delivery, the courier leaves a notification or contacts the Buyer in order to arrange for the re-delivery of the package.