Definitions
For the purposes of these regulations, the following terms have the
following meanings:
1. Buyer – a natural person, a legal person or a disabled legal person who
makes a purchase in the Store,
2. Seller GOSSA ul. Zbigniew Pawlaka 65, 05-502 Grochowa
NIP1231410069
3. Consumer – a natural person concluding a contract with the Seller not
directly related to his business or professional activity,
4. Entrepreneur with consumer rights – a natural person concluding a contract
with the Seller directly related to his/her business activity, when the content
of this contract shows that it does not have a professional character for this
person, resulting in particular from the subject of his/her business activity,
made available on based on the provisions on the Central Registration and
Information on Economic Activity,
5. Regulations – these regulations, available at www.thermomixdiet.com regulations.
6. Store – online store available at www.thermomixdiet.com
7. Content – digital content made available via the Store, available after concluding the
Agreement and logging in to the Account.
8. Agreement – an agreement for the provision of electronic services consisting
in enabling access to individual Content available in the Store or to a
periodic Subscription of all Content available in the Store, which is
automatically extended for the next Subscription Period until the
subscription is canceled. The contract is payable unless expressly provided
otherwise.
9. Subscription – a service provided electronically after concluding the Agreement,
consisting in access to the Content made available within the Store.
10. Subscription period – the period of time for which, after concluding the Agreement,
the Buyer gains access to all Content available in the Store in the case of Subscription.
11. Order form – a form available on the Website and using which the Buyer
can place an order and conclude the Agreement.
12.24 transfers
2
Preliminary provisions
Translated from Polish to English – www.onlinedoctranslator.com
1. Through the Store, the Seller sells Content while providing electronic services
to the Buyer in accordance with § 3 of the Regulations.
2. The Regulations define the rules and conditions of using the Store, as well as the rights and
obligations of the Seller and the Buyer.
3. To make a purchase through the Store, it is not necessary for the Buyer’s
computer or other device to meet specific technical conditions. Sufficient
are:
● Internet access,
● standard operating system,
● standard web browser,
● having an active e-mail address.
4. To use the Content, the following technical conditions must be met by the
Buyer’s computer or other device:
● Internet access,
● standard operating system,
● standard web browser,
● having an active e-mail address.
5. The buyer cannot make a purchase anonymously or under a pseudonym.
6. The Buyer is prohibited from providing illegal content, in particular by
sending such content as part of the forms available in the Store.
7. All prices given in the Store are gross prices.
3
Services provided electronically
1. Through the Store, the Seller provides services to the Buyer electronically.
2. The basic service provided electronically to the Buyer by the Seller is to
enable the Buyer to place an order in the Store, leading to the conclusion
of an Agreement with the Seller.
3. The Seller also provides the Buyer with an electronic service consisting of
registering and maintaining an account in the Store. Placing an order is not
possible without registering an account in the Store. The account stores the
Buyer’s data and the history of orders placed by him in the Store. The Buyer
logs in to the Account using his/her e-mail address and a password defined
by him/her.
4. Creating an account in the Store is done by checking the appropriate
checkbox in the process of placing the first order. Buyer can in
delete the account at any time from the account management panel or by
sending an appropriate request to the Seller. Deleting the account will not
delete information about orders placed using the account, which
information the Seller will store for the entire duration of the Store’s
operation, unless the Buyer objects to storing this information and the
Seller has no overriding interest in storing it.
5. If the Buyer decides to subscribe to the newsletter, the Seller also provides
the Buyer with an electronic service consisting in sending the Buyer e-mails
containing information about the Seller’s new products, promotions,
products or services. Subscription to the newsletter is done by completing
and sending the newsletter subscription form or by checking the
appropriate checkbox in the ordering process. The Buyer may unsubscribe
from receiving the newsletter at any time by clicking the unsubscribe button
visible in each message sent as part of the newsletter or by sending an
appropriate request to the Seller.
6. The service of registering and maintaining an account in the Store and the
service of sending the Buyer a newsletter are provided electronically to the
Buyer free of charge. However, Content services provided via the Store are
subject to a fee.
7. In order to ensure the safety of the Buyer and the transfer of data in connection
with the use of the Store, the Seller takes technical and organizational
measures appropriate to the degree of threat to the security of the services
provided, in particular measures to prevent the acquisition and modification of
personal data by unauthorized persons.
8. The Seller takes steps to ensure the full proper functioning of the Store.
The Buyer should inform the Seller about any irregularities or
interruptions in the operation of the Store.
9. Any complaints related to the operation of the Store may be submitted by the
Buyer via e-mail to the e-mail address kontakt@thermomixdiet.com . In the
complaint, the Buyer should specify the type and date of occurrence of the
irregularity related to the operation of the Store. The Seller will consider all
complaints within 30 days of receiving the complaint and will inform the
Customer about its resolution to the e-mail address of the person submitting
the complaint.
4
Intellectual property rights
1. The Seller hereby instructs the Buyer that the Content available on the
Store’s websites and digital content sold through the Store constitute works
within the meaning of the Act of February 4, 1994 on copyright and related
rights, to which the Seller is entitled.
2. The Seller hereby instructs the Buyer that the purchase of Content via the Store
does not constitute or cannot constitute the basis for a claim to conclude an
agreement for the transfer of the above-mentioned goods to the Buyer.
proprietary copyrights, both in part and in whole, and further dissemination of
the Content covered by copyright by the Buyer without the Seller’s consent, with
the exception of using the Content as part of permitted personal use,
constitutes a violation of the Seller’s copyrights and may result in civil or criminal
liability.
5
Concluding a contract
1. The buyer places an order as a registered customer.
2. A registered customer is a Buyer who has an account in the Store. The
buyer creates an account by checking the appropriate checkbox in the
process of placing the first order.
3. If the Buyer has an account in the Store, he or she can log in to it before
placing an order. Login is also possible when placing an order by clicking on
the link available in the displayed message.
4. Placing an order is done by completing the Order Form after adding the
Content of interest to the Buyer to the cart. In the Order Form, it is necessary
to provide the data necessary to complete the order, i.e. name, surname, email address, password and password confirmation, and in the case of
Subscription, also the credit card number, its expiry date and CVC number in
order to create an individual Account. The condition for placing an order is
acceptance of the Regulations and Privacy Policy, which the Buyer should
read beforehand. In case of any doubts, the Buyer may contact the Seller.
5. The ordering process is completed by clicking the button finalizing the
order. Clicking the button finalizing the order constitutes the Buyer’s
declaration of will, leading to the conclusion of an agreement with the
Seller for the supply of digital content.
6. After clicking the button finalizing the order, the buyer will be able to
choose the payment method and will be redirected to the gateway
payment handled by a third-party payment processor to pay for your order.
If the Buyer chose to pay by bank transfer, after clicking the button
finalizing the order, he or she will be redirected to the Store’s website with
payment instructions and will also receive transfer details to the e-mail
address provided in the order. If you choose to pay by bank transfer, the
order processing is suspended until the payment is credited to the Seller’s
bank account. In the case of a Subscription, payment is made by charging
the payment card provided in the Order Form. Payment is taken via Stripe.
7. After placing the order, the Customer receives an e-mail
confirming the order.
6
payment
1. Available payment methods for the order are described on the Store’s
website. They are also made available to the Buyer when placing an order:
transfer, electronic payment and automatic payment.
2. Electronic payments are handled by PayU, Przelewy24 and PayPal.
3. In the case of Subscription, the only available payment method is automatic
payment, which involves automatic, cyclical charging of the Subscription fee
from the payment card provided in the Order Form.
4. Automatic payments are handled via Stripe, in accordance with its
regulations.
5. When placing an order for a Subscription, the Buyer authorizes the Seller to
automatically collect the fee for the entire duration of the Agreement. The
buyer can cancel automatic payment at any time by selecting the appropriate
option in his profile settings. If the Buyer does not want to extend the
Subscription, he should cancel the automatic payment before the start of the
new billing period. Canceling an automatic payment does not affect your
ability to access Content during the Subscription Term that has been paid for
at the time of cancellation. The Agreement terminates on the last day of the
paid Subscription Period if Stripe receives information that the Subscriber’s
payment has not been made.
6. If the Buyer asked for an invoice to be issued and completed the data
necessary to issue a VAT invoice in the Order Form, it will be
delivered to the Buyer electronically, to the e-mail address provided in
the order form.
7
Performance of the contract
1. An order containing Content is processed by sending a message to the e-mail
address provided by the Buyer in the Order Form, containing instructions on
how to gain access to the purchased Content via the account in the Store.
2. Access to digital content is limited by the operating time of the Store. The
Seller does not plan to discontinue the operation of the Store, however, if
this occurs for any reason, including reasons beyond the Seller’s control, the
Buyer will lose access to the Content.
3. The Buyer is obliged to use the Store account in a manner consistent
with the law, the Regulations and good practices, in particular:
● in a way that does not interfere with the use of the Store by other
users, does not violate any rights, goods or interests of third parties,
does not negatively affect the functioning of the Store, especially
through the use of malicious software,
● not share access data to your account in the Store with any third
parties,
● use any Content posted in the Store only for your own personal use
and do not distribute it
Digital content or individual fragments thereof without the prior
consent of the Seller.
4. If you use your account in the Store in a manner inconsistent with sec. 4 above,
the Seller reserves the right to block the Buyer’s access to the account.
5. In the case of Subscription, the Agreement is automatically terminated if it is
impossible to collect the fee due under the Agreement.
6. The Agreement may be terminated by resigning from automatic renewal
of the Subscription and selecting the appropriate option in the Account.
7. In the event of termination of the Agreement or its termination, after
the last day of the paid Subscription Period, the Account is
automatically deleted from the IT system.
8
Withdrawal by the Consumer and the Entrepreneur with consumer rights from the contract
1. A consumer and an entrepreneur with consumer rights who has concluded a distance
contract with the Seller has the right to withdraw from the contract without giving a
reason within 14 days from the date of conclusion of the contract.
2. The right to withdraw from a contract concluded at a distance does not apply to the
Consumer or Entrepreneur with consumer rights in relation to contracts for the supply
of digital content that are not recorded on a tangible medium, if the performance of
the service began with the express consent of the Consumer or Entrepreneur with
consumer rights before the expiry of deadline to withdraw from the contract and after
informing him about the loss of the right to withdraw from the contract.
3. The Seller informs that sending an order for digital content offered in the Store is
associated with the commencement of performance before the deadline for
withdrawal from the contract and means the loss of the right to withdraw from the
Agreement in connection with the delivery of digital content, to which the Buyer
consents by placing the Order.
4. The Seller informs that placing an order for the Subscription involves the
commencement of performance before the deadline for withdrawal from the contract
expires and means the loss of the right to withdraw from the Contract in connection
with the delivery of digital content, to which the Buyer consents by placing the Order.
9
Responsibility
1. The Seller is obliged to provide the Buyer with Digital Content free from defects.
2. The Seller is liable to the Buyer if the digital content has a physical or legal
defect (warranty for defects).
3. If the Buyer finds a defect in the digital content or the lack of proper
operation of the Store, he should inform the Seller about it, specifying his
claim related to the detected defect or submitting a declaration of
appropriate content.
4. A consumer or an entrepreneur with consumer rights may use the sample
withdrawal form available at www.thermomixdiet.com/kontakt, but this is not
obligatory.
5. The Buyer may contact the Seller via e-mail.
6. The Seller will respond to the complaint submitted by the Buyer within 14
days from the date of delivery of the complaint to him via the means of
communication through which the complaint was submitted.
7. Dietary recipes offered in the Store are developed without taking into account
specific data about the Buyer and his health condition, in particular medical
data, including test results, and are intended for healthy people. Before
starting to use nutrition based on dietary recipes offered in the Store, you
should always consult a doctor or dietitian who will assess the risk and
admissibility of their use by a specific Buyer.
8. The use of dietary recipes offered in the Store does not guarantee that
specific weight loss results will be achieved or that undesirable side effects
will not occur.
●
10
Personal data and cookies
1. The Seller is the administrator of the Buyer’s personal data.
2. The store uses cookie technology.
3. Details related to personal data and cookies are described in the
privacy policy available at
https://thermomixdiet.com/polityka-prywatnosci/
11
Out-of-court methods of dealing with complaints and pursuing claims
1. The Seller agrees to submit any disputes arising in connection with concluded
contracts for the supply of Content to mediation proceedings. The details will
be determined by the parties to the conflict.
2. The consumer has the opportunity to use out-of-court methods of dealing with
complaints and pursuing claims. Among other things, the Consumer has the
opportunity to:
● submitting a request to a permanent consumer arbitration
court to resolve a dispute arising from the concluded contract,
● submitting a request to the provincial inspector of the Trade Inspection
to initiate mediation proceedings regarding the amicable settlement
of the dispute between the Buyer and the Seller,
● using the assistance of a district (municipal) consumer ombudsman
or a social organization whose statutory tasks include consumer
protection.
3. The consumer can find more detailed information on out-of-court methods
of dealing with complaints and pursuing claims on the website http://
polubowne.uokik.gov.pl.
4. The consumer may also use the ODR platform, which is available at http://
ec.europa.eu/consumers/odr. The platform is used to resolve disputes
between consumers and entrepreneurs seeking out-of-court resolution of a
dispute regarding contractual obligations arising from an online sales
contract or contract for the provision of services.
12
Final Provisions
1. The Seller reserves the right to introduce and cancel offers, promotions and to
change the prices of products in the Store without prejudice to the rights
acquired by the Buyer, in particular the terms of contracts concluded before
the change was made.
2. The Seller reserves the right to make changes to the Regulations. Buyers who
have a registered user account will be informed about any changes to the
Regulations by sending a message to the e-mail address assigned to the
user account. If the new Regulations are not accepted, the Buyer may delete
his/her user account free of charge.
3. All disputes related to contracts concluded via the Store will be considered by
the Polish common court competent for the place of permanent business
activity of the Seller. This provision does not apply to Consumers and
Entrepreneurs with consumer rights, in the case of which the jurisdiction of
the court is considered on general principles.
4. These Regulations are valid from January 1, 2022
●
1.