REGULAMIN

  1. Definitions

Operator (Administrator) – Fundamina s. r. o., Hornočermánska 1556/76, 949 01 Nitra, Slovakia. Business ID: 57065578.

Service Recipient/User – An entity using the Service, for whom electronic services may be provided in accordance with these Terms and Conditions and applicable law, or with whom an agreement for the provision of electronic services may be concluded, as well as an entity for whom an Account has been created in the Sender’s Panel.

Consumer – A User who is a natural person placing an order for Services or purchasing a product through the Service.

Service – The online service available at x-supplements.com, including its functionalities, operated by the Operator, through which Users may order Services or purchase promoted products by, among other things, completing an order form and entering a promotional code.

Account – Access to the Service’s functionalities granted to the Service Recipient after completing the registration process, which requires providing a unique username (login) and password. Receipt of confirmation from the Operator regarding the creation of an Account is equivalent to concluding an agreement for the provision of electronic services in accordance with these Terms and Conditions. Within the Account, the User is provided with server space to input and manage Personal Data.

Sender’s Panel – An IT system provided to the Service Recipient after creating an Account, enabling the use of Services upon logging in with the assigned username and password, as well as managing Personal Data, ordering Services, promoting and reviewing products, and utilizing other functionalities available in the Service.

Service – The sale of products and services provided electronically by the Operator of the x-supplements.com Service under these Terms and Conditions, enabling the Service Recipient to place orders with Senders via the Service for the collection, transport, and delivery of Shipments to or from a Shipment Collection Point by a Carrier, as well as the provision of additional services in accordance with the Carrier’s Terms and Conditions (within the scope of their operations and based on their regulations).

Order – A correctly and fully completed order form, including a promotional code, submitted by the Service Recipient via the Service for the dispatch of a product or service, transport, and delivery of a Shipment, finalized by generating a Waybill for the execution of the Service.

Waybill – A legally binding document completed by the Sender for the Service Recipient, serving as proof of concluding an agreement for the provision of a Service or product purchase, attached to each Shipment, containing essential information for the Carrier regarding the Shipment, its destination, and the Recipient.

Carrier (Courier) – An entrepreneur who, within the scope of their business activities, provides transport services, to whom an order for the collection, transport, and delivery of a Shipment can be placed within the services concluded via the Service between the Sender and the Recipient, without cash collection or with cash on delivery. This also includes a person providing courier services on behalf of the company based on an agreement concluded with it. Within the Service, the Sender may place orders with the following Carriers:

– DPD Polska sp. z o.o., with its registered office in Warsaw, ul. Mineralna 15, 02-274 Warsaw, registered in the District Court for the Capital City of Warsaw, XIII Economic Division of the National Court Register, entered in the Register of Entrepreneurs under KRS number 0000028368, REGON 012026421, NIP 5260204110, website: https://www.dpd.com.pl
– InPost Kurier sp. z o.o., with its registered office in Kraków, ul. Malborska 130, 30-624 Kraków, registered in the District Court for Kraków – Śródmieście in Kraków, XI Economic Division of the National Court Register, entered in the Register of Entrepreneurs under KRS number 0000543759, REGON 360781085, NIP 6793108059, website: https://inpost.pl/
– InPost Paczkomaty Sp. z o.o., with its registered office in Kraków, ul. Malborska 130, 30-624 Kraków, registered in the District Court for Kraków – Śródmieście in Kraków, XI Economic Division of the National Court Register, entered in the Register of Entrepreneurs under KRS number 0000255841, REGON 120246484, NIP 6792895061, website: https://paczkomaty.pl/
– FedEx Express Polska Sp. z o.o., with its registered office in Warsaw, ul. Krucza 16/22, 00-526 Warsaw, registered in the District Court for the Capital City of Warsaw, XII Economic Division of the National Court Register, entered in the Register of Entrepreneurs under KRS number 0000037973, REGON P-010612250, NIP 526-10-05-306, website: http://www.fedex.com/pl
– Federal Express Poland Sp. z o.o., with its registered office in Warsaw, ul. Wirażowa 35, 02-158 Warsaw, registered in the District Court for the Capital City of Warsaw, XII Economic Division of the National Court Register, entered in the Register of Entrepreneurs under KRS number 0000208035, REGON 015747517, NIP 5252300218, website: http://www.fedex.com/pl
– UPS Polska Sp. z o.o., with its registered office in Warsaw, ul. Prądzyńskiego 1/3, 01-222 Warsaw, registered in the District Court for the Capital City of Warsaw, XII Economic Division of the National Court Register, entered in the Register of Entrepreneurs under KRS number 0000036680, REGON 010771280, NIP 5221004200, website: http://www.ups.com/content/pl
– Poczta Polska Spółka Akcyjna, ul. Rodziny Hiszpańskich 8, 00-940 Warsaw, registered in the District Court for the Capital City of Warsaw, entered in the Register of Entrepreneurs under KRS number 0000334972, NIP 525-000-73-13, website: http://www.poczta-polska.pl
– General Logistics Systems Poland Sp. z o.o., ul. Tęczowa 10, 62-052 Komorniki/Głuchowo, registered in the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register, entered in the Register of Entrepreneurs under KRS number 0000005009, NIP 785-15-61-831, with a share capital of PLN 16,311,638.00, website: https://gls-group.eu/PL
– Royal Mail plc, 185 Farringdon Road, EC1A 1AA London, registered under number 8680755, website: https://www.royalmail.com/terms-and-conditions

Shipment – An item or items registered in the Service, properly packed by the Sender, accompanied by a Waybill with the Recipient’s designation and address, for collection by the Carrier and delivery to the Recipient, containing correspondence or classified as a postal parcel under the Postal Law, accepted, sorted, transported, and delivered in accordance with these Terms and Conditions and the Carriers’ regulations, with permissible dimensions and weight specified in the Price List.

Carrier’s Terms and Conditions – The regulations of the Carrier apply to the performance of services ordered through the Service. The current regulations specifying the terms and conditions of service provision are available on the Carriers’ websites listed above.

Recipient – A natural person, legal entity, or organizational unit without legal personality, to whom the law grants legal capacity, to whom the Shipment is addressed in connection with the Service Recipient’s order, authorized by the Service Recipient and entitled to receive the Shipment delivered by the Carrier as part of the Service.

Sender – A natural person, legal entity, or organizational unit without legal personality, to whom the law grants legal capacity, who possesses products, knowledge, and experience in the field of products advertised in the Operator’s Service and can fulfill an order, to whom the Service Recipient’s order is addressed, authorized by the Service Recipient and entitled to fulfill the order and hand over the Shipment to the Carrier as part of the Service.

Account Database – A collection of Personal Data and other data assigned to a specific Account entered into the Service by Users, collected and processed in an organized manner in an IT system with the Users’ consent as part of the Services provided by the Operator.

Personal Data – Information collected via the registration form available at x-supplements.com concerning an identified or identifiable natural person, processed by the Administrator to properly provide Services and for other purposes specified in these Terms and Conditions.

Cash on Delivery – An additional service where the receipt of the Shipment is contingent upon the Recipient paying a fee, which is transferred to the bank account specified by the Service Recipient.

Piggy Bank – A service offered to the Service Recipient, enabling prepayment and accumulation of funds in the Piggy Bank Account for later use in the Service.

Piggy Bank Account – An account assigned to a specific Service Recipient containing funds for use in the Service.

Promotional Code – An alphanumeric code assigned to a specific Sender for the purpose of fulfilling an order. Promotional codes are provided by Senders based on their knowledge and experience to Service Recipients. In the case of a service without a product, a set of services is provided upon payment. In the case of a service involving the purchase of products, the Sender ships the product in accordance with the promotion in the Service and the assigned promotional codes. The Service is not a party to the transaction between the Sender providing promotional codes and the Recipient.

Payment Gateway – A secure online payment platform operated by a payment operator with separate terms and conditions.

Price List – A price list of additional services dedicated to Recipients and Senders.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

Provision of Electronic Services – The performance of a service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the Service Recipient, sent and received using electronic processing devices, including digital compression and data storage, fully transmitted, received, or sent via a telecommunications network within the meaning of the Telecommunications Law of 16 July 2004.

Postal Law – The Act of 12 June 2012 on Postal Law (Journal of Laws 2012, item 1529).

Transport Law – The Act of 15 November 1984 on Transport Law (consolidated text: Journal of Laws 2012, item 1173, as amended).

Collection and Delivery Point – A location operated by postal operators cooperating with the Service Operator under the Postal Law, where an authorized person issues or accepts a Shipment from the Sender for the purpose of executing the shipment service. The tasks and functions of the Carrier apply accordingly to the Collection and Delivery Point from the moment the Shipment is accepted from the Sender/Carrier until it is delivered to the Recipient/Carrier.

  1. Preliminary Provisions

Pursuant to Article 8(1)(1) of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204), Fundamina s. r. o., email: xsupplements@int.pl, hereby establishes these Terms and Conditions for the provision of electronic services.

  1. These Terms and Conditions define the rules and conditions for services provided through the Service operated and administered by the Operator at x-supplements.com.
  2. Fundamina s. r. o., through the Service, within the scope of its business activities, provides services related to making offers available to Senders and their fulfillment via the Service, enabling Users to place orders electronically, transport, and deliver offers along with Shipments by the Carrier as part of their business activities and in accordance with these Terms and Conditions and the terms of the selected Sender and Carrier, as well as making payments for the Service, tracking the Service’s execution, and providing information placed within the Service upon the User’s individual request.
  3. The x-supplements.com Service may be used by natural persons, legal entities, or organizational units without legal personality to whom the law grants legal capacity.
  4. Logging into a User’s Account on the x-supplements.com Service or ordering a service or promoted product from Senders requires prior familiarization with and acceptance of these Terms and Conditions, available on the Service’s website at x-supplements.com. By accepting these Terms and Conditions, the User agrees to all their provisions and undertakes to comply with them.
  5. The Operator provides Services to the Sender and Recipient within the scope and under the conditions specified in these Terms and Conditions.
  6. The Service Recipient agrees to the transfer of Personal Data, including to the Sender and Carrier, for the purpose of executing the transport service.
  7. The User consents to the processing by the Operator, as the Data Administrator (hereinafter “Administrator”), of their Personal Data provided during the Account registration process and while using the Service. Providing Personal Data is voluntary, but failure to consent to its processing may prevent the provision of electronic services and the submission of orders by the User in the Service.
  8. The Administrator processes the User’s Personal Data to the extent necessary to establish, shape the content, amend, or terminate a legal relationship, to properly provide electronic Services, settle accounts with the User, market its own services with additional consent, and for other legally permissible and justified purposes.
  9. The User declares that the Personal Data provided is accurate. The Administrator may make the provision of Services to the User conditional upon prior confirmation of the accuracy of the Personal Data. In case of doubts, the Administrator may refuse to provide services available in the Service, block the Account until the doubts are clarified, or delete the Account.
  10. Users entrusting Personal Data to the Administrator are obliged to process it in accordance with applicable regulations (including the Personal Data Protection Act of 29 August 1997 and GDPR) and with appropriate technical and organizational measures meeting the requirements of Polish law. They are also obliged to obtain consent from individuals whose Personal Data they collect for entrusting its processing and to provide them with information contained in these Terms and Conditions, including the method, purpose, scope, and period of data processing by the Operator, the rights of individuals whose data is processed, and the group of entities to which the Operator entrusts the data. This also applies to situations where the User uses the address book available after logging into the Service’s Account.
  11. The Carrier’s Terms and Conditions form an integral part of the legal regulation of the Service binding the Service Recipient.
  12. Registration, Access, and Account Maintenance
  13. Registration in the Service and creation of an Account are free of charge.
  14. To fully utilize the Service’s functionalities, the Service Recipient may create an Account by completing the form available at x-supplements.com, including specifying a unique username (login) and password, and accepting these Terms and Conditions.
  15. Account creation will be confirmed by the Operator. Receipt of confirmation is equivalent to concluding an agreement for the provision of electronic services under these Terms and Conditions.
  16. The Operator may make Account creation or the availability of selected functionalities conditional upon verification of the data provided during Account creation.
  17. The Operator may refuse to create an Account if the data provided during registration indicates that the information is false.
  18. The User is obliged to promptly update their data provided in connection with Account creation and the use of the Sender’s or Service Recipient’s Panel.
  19. Each login to the Sender’s Panel signifies acceptance of these Terms and Conditions, the Carrier’s Terms and Conditions, and the Price List.
  20. The User undertakes to keep the unique username and password assigned during registration confidential and not to share them with third parties. In case of suspicion that a third party may have gained knowledge of the username and password, the User is obliged to change the password and immediately notify the Operator.
  21. A Service or confirmation of purchase ordered after logging in with a unique username and password to the Sender’s Panel is considered ordered by the Service Recipient.
  22. User registration may occur during the submission of an order in the Service.
  23. The Service Recipient may not evade any liability towards the Operator, including payment for the ordered Service.
  24. All documents necessary for the proper execution of the Service for the Sender are generated and made available to the Service Recipient electronically via the Sender’s Panel.
  25. The User may at any time discontinue maintaining the Account. Such discontinuation is equivalent to terminating the agreement for the provision of electronic services.
  26. Ordering most services or products in the Service may also be available to Service Recipients without registration, provided that ordering a Service requires familiarization with and acceptance of these Terms and Conditions, the terms of service provision, and the Carrier’s regulations and price lists selected by the Service Recipient for transport. By accepting these Terms and Conditions, the terms of service provision, and the Carrier’s price list, the User agrees to all their provisions and undertakes to comply with them, which is equivalent to concluding an agreement for the provision of electronic services under these Terms and Conditions.
  27. The Service Recipient undertakes to comply with the provisions of these Terms and Conditions. In case of violation, the Operator has the right to temporarily block the User’s Account or suspend access to the Service’s functionalities.
  28. Ordering a Service or Product Purchase and Its Execution
  29. Orders are accepted by the Service 24 hours a day, 7 days a week. Orders placed by the Service Recipient are processed within the timeframes specified by the respective Sender and Carrier, in accordance with their regulations. Information provided in the Service regarding dispatch dates is indicative and not guaranteed.
  30. Clicking the “Order” or “Buy” button submits an Order for the Service or product selected by the User.
  31. Submitting an order by the User is equivalent to accepting these Terms and Conditions and the regulations of the Carrier performing the transport service.
  32. To order a Service or product purchase, the Service Recipient completes the shipment form via the Service or after logging in, providing the required data, selecting the Carrier whose services they intend to use, and confirming the order to the Operator, ensuring that the Shipment is handed over to the Carrier at the location specified in the Order.
  33. The Service Recipient undertakes to complete the form accurately and in accordance with the actual state of affairs.
  34. Ordering the Operator to perform a Service signifies acceptance of these Terms and Conditions, the Carrier’s price list and regulations, and the product offered by the Sender.
  35. The Service Recipient undertakes to pay the Operator the full amount issued by the Sender, including additional costs for the ordered Service or product, in accordance with the Standard or Individual Price List, depending on the choice made.
  36. The Service Recipient or Sender is responsible for incorrectly preparing the Order, including errors in generating the Waybill.
  37. The Sender bears sole responsibility for violating these Terms and Conditions regarding the dimensions and weight of the Shipment, proper packaging, and securing of the Shipment in accordance with the selected Carrier’s regulations, including any damages arising therefrom, particularly additional fees charged by the Carrier.
  38. All documents necessary for the proper execution of the submitted order are generated and provided to the Service Recipient electronically (for registered Service Recipients) and via email.
  39. Depending on the selected Carrier, the Waybill or Label generated by the Service must be printed and attached to the Shipment handed over to the Carrier.
  40. The Carrier (courier) may contact the Service Recipient by phone, SMS, or email based on the provided consent, or the Recipient based on the details provided in § 2(11), to facilitate the delivery of the Shipment (execution of the Order) and fulfillment of the agreement. Personal Data is transferred to the Carrier to enable communication between the Carrier, Service Recipient, and Recipient.
  41. The Sender will notify the Recipient of the planned Shipment and the need to provide appropriate tools, equipment, or personnel necessary for unloading the Shipment, if such a need arises.
  42. The Sender will inform the Recipient that in case of loss or damage to the delivered Shipment, they are obliged to immediately prepare a damage report in the presence of the Carrier’s representative (the report must be legibly signed by the Carrier’s representative delivering the Shipment and the Recipient).
  43. The User, via the x-supplements.com website, can track the current status of the Shipment by entering the Shipment number.
  44. Execution through the Service will be fulfilled within the timeframe and under the conditions specified in the regulations or general terms of service of the Carrier selected by the Service Recipient.
  45. If the Shipment is not handed over to the Carrier by the Sender, the Operator, at the explicit request of the Service Recipient, may arrange another attempt to collect the Shipment. Any related fees charged by the Carrier are borne by the Sender.
  46. Shipments not collected by the Recipient within the specified timeframe are returned to the Sender at their cost via the Carrier in accordance with the Service Price List.
  47. In case of the Recipient’s refusal to pay the cash-on-delivery amount, the Shipment is not handed over, and the Operator retains the right to remuneration as for a delivered Shipment.
  48. Cash-on-delivery collection from the Recipient for the delivered Shipment is made in cash or by payment card if the Carrier provides such a service.
  49. The Operator exercises the highest diligence to ensure the smooth operation of the Service and the execution of Services ordered therein. However, accepting an order in the Service does not guarantee its unconditional execution. In case of inability to fulfill an order due to the unavailability of services or products offered by Senders or unsupported locations by the selected Carrier, the Operator, after informing the Service Recipient, may cancel the Order. In such cases, the Service Recipient will receive a refund for the costs of the unrealized Service.
  50. Service Recipients may cancel Orders that have not yet been attempted by the Sender by sending a notification to xsupplements@int.pl. No fee is charged for canceled Orders. If the Order was pre-paid, the payment amount is refunded to the Service Recipient.
  51. A User who is a Consumer will receive clear and legible information via the Service about restrictions regarding the execution of the ordered Service or product and accepted payment methods no later than the start of placing the order.
  52. After placing an order, the Operator will provide the Consumer with confirmation of concluding the agreement for the execution of the ordered Service or product purchase from the Sender on a durable medium in PDF format sent via email, to which the Consumer consents.
  53. Execution of the Service before the expiration of the withdrawal period referred to in § 11(2) of these Terms and Conditions will occur only at the Consumer’s request. The Consumer’s statement in this regard may be submitted in the order form.
  54. The Service Recipient who is a Consumer acknowledges that selecting the execution of the Service before the 14-day withdrawal period upon placing the Order results in the loss of the right to withdraw from the Agreement after the Service is performed.
  55. The maximum possible order fulfillment time is 7 days from the moment of placing and paying for the order or selecting cash-on-delivery shipping.
  56. Orders are fulfilled only within Poland; international shipping is not available.
  57. The Operator will provide the Consumer, immediately before placing an order, with information about:

– The main characteristics of the service, taking into account the subject of the service and the method of communication with the Consumer;
– Identifying details, including the company name, registration authority, and registration number;
– The business address, email address, and telephone or fax numbers (if available) for quick and effective communication with the entrepreneur;
– The address for submitting complaints, if different from the above address;
– The total price or remuneration for the service, including taxes, or, if the nature of the service does not allow for a reasonable calculation of their amount in advance, the method of calculation, as well as transport, delivery, postal, and other costs, or the obligation to pay them if their amount cannot be determined;
– Costs of using the means of distance communication for concluding the agreement if higher than usual;
– The method and deadline for payment;
– The method and deadline for fulfilling the service by the entrepreneur and the complaint handling procedure applied by the entrepreneur;
– The method and deadline for exercising the right to withdraw from the agreement and the model withdrawal form;
– The costs of returning items in case of withdrawal from the agreement borne by the Consumer; for distance contracts, the costs of returning items if, due to their nature, they cannot be returned by regular mail;
– The Consumer’s obligation to pay reasonable costs incurred by the Operator if the Consumer withdraws from the agreement after requesting the start of the Service before the withdrawal period;
– The absence of the right to withdraw from the agreement or circumstances under which the Consumer loses this right;
– The duration of the agreement or the method and conditions for its termination if concluded for an indefinite period or subject to automatic renewal;
– The minimum duration of the Consumer’s obligations under the agreement;
– The possibility of using out-of-court complaint and redress procedures and access to these procedures;
– Identifying details of the Carrier, including the company name, registration authority, address, email address, and telephone or fax numbers (if available), and the address for submitting complaints to the Carrier, if different from the above address.

  1. Payments and Settlements
  2. The Operator will charge fees for all ordered Services in accordance with the Price List applicable at the time of placing the order.
  3. All prices presented on the website or in marketing materials constitute an invitation to negotiate in accordance with Article 71 of the Civil Code.
  4. The only binding Price List for the Service Recipient is the Price List available in the x-supplements.com Service for logged-in Users and the Price List applicable at the time of order registration.
  5. The Operator reserves the right to change prices without stating a reason, introduce new Services or products, remove existing ones, and conduct or cancel promotional campaigns.
  6. The Service Recipient is obliged to timely pay all fees related to ordered Services or products in accordance with the Price List and these Terms and Conditions, including additional fees.
  7. The Service Recipient consents to receiving invoices electronically in accordance with paragraph 3 of the Regulation of the Minister of Finance of 17 December 2010 on sending invoices electronically, their storage, and the procedure for making them available to the tax authority or tax inspection authority (Journal of Laws No. 249, item 1661).
  8. The Operator declares that it is exempt from VAT.
  9. The Service Recipient acknowledges that in case of non-collection of the Shipment by the Recipient, the Operator will charge a return fee in accordance with the Price List. The Service Recipient undertakes to pay the resulting difference upon the Operator’s request.
  10. In case of providing incorrect data by the Service Recipient that prevents delivery of the Shipment to the Collection and Delivery Point or the Recipient, the order will be accepted, but the Service Recipient will be charged additional return costs in accordance with the Price List.
  11. In case of ordering a service involving items whose transport is prohibited by applicable law or listed as prohibited by the Carrier, the Carrier may refuse to accept the Shipment from the Sender for the Service Recipient.
  12. The Operator will issue VAT-exempt invoices to the Service Recipient in accordance with applicable law.
  13. For cash-on-delivery Shipments, the Sender authorizes the Operator to collect the payment amount from the Recipient on their behalf and transfer it to the Sender. Funds collected by the Operator are transferred to the Sender within individually agreed terms.
  14. Payment for services is made in advance via a secure online payment platform (Payment Gateway), operated by the designated payment operator with separate terms and conditions.
  15. Payment for services may also be made based on a separate agreement between the Operator and the Service Recipient.
  16. The User may prepay for ordered services by depositing funds in the Piggy Bank section. The Piggy Bank balance is updated immediately after the Operator records the payment. Refunds of unused funds from the Piggy Bank Account are made at the User’s request or after the termination of the Agreement and deletion of the Account by the Operator.
  17. All refunds of paid funds are made based on a correction to the issued sales document and are processed using the same payment channel used by the Service Recipient, unless otherwise agreed by the parties.
  18. In case of non-payment of additional fees specified in points 8, 9, and 10 of this paragraph, the Operator has the right to deduct the owed amounts directly from the Piggy Bank Account.
  19. In case of non-payment of due amounts within the specified timeframe, the Operator will take steps to recover them: after 21 days from the payment due date, the first payment demand will be sent; if the Service Recipient does not pay the due amounts within the next 14 days, the Operator will send a second payment demand. The cost of a payment demand for a Service Recipient who is a Consumer is PLN 8.13 net (PLN 10 gross); for a Service Recipient who is not a Consumer, the cost is PLN 24.39 net (PLN 30 gross).
  20. In case of ineffective payment demands, the Operator may assign the recovery of receivables to an external debt collection agency or pursue the matter through legal proceedings. A Service Recipient failing to make payments will be charged statutory interest for delay and fees for debt collection actions taken by the Operator or the debt collection agency, particularly fees for payment demands as mentioned in point 18 above.
  21. A Service Recipient who is an entrepreneur will additionally be charged, without prior notice, a compensation fee for debt recovery costs equivalent to EUR 40 converted to PLN at the average euro exchange rate announced by the National Bank of Poland on the last business day of the month preceding the month in which the payment became due, in accordance with the Act of 8 March 2013 on Payment Terms in Commercial Transactions.

### 6. Liability

  1. Unless otherwise stipulated by mandatory legal provisions, the Operator is liable only for normal consequences of an action or omission causing damage.
  2. Transmitting an Order to the Sender and Carrier does not guarantee its acceptance for execution. In such cases, the Operator will cooperate with the Service Recipient to clarify the reason for non-acceptance.
  3. The Operator is not liable for the choice of product or service or improper performance of the service by the Carrier unless it results from the Operator’s failure to perform or improper performance of the Service. The Service Recipient, through the Service, enters into a civil law agreement with the Sender based on the provided promotional code, and the Sender enters into an agreement with the Carrier under the terms specified in these Terms and Conditions and the Carrier’s regulations.
  4. As submitting an order for a service by the User is equivalent to accepting the Carrier’s regulations, all liability limitations contained therein, within the limits of applicable law, also apply to the Operator and limit its liability.
  5. The Operator is not liable for the actions and consequences of actions taken by the User in connection with ordering a service from the Sender or Carrier, including:

– Failure or improper performance of the Service by the Sender or Carrier, unless it results from the Operator’s failure or improper performance of the Service;
– The legality of the Sender’s and Carrier’s actions, including possession of appropriate permits or fulfillment of other formal conditions for conducting business;
– The manner in which Users, including Senders, use the Service to promote services and products, and Recipients;
– Illegal or non-compliant use of the Service by Users or third parties to whom the User has granted access;
– Any defective functioning of the Service, data loss, connection interruptions, or non-delivery of information due to reasons attributable to the Sender;
– Interruptions in the Service’s operation due to necessary maintenance or repairs or other circumstances beyond the Operator’s control;
– Actions of the Recipient, particularly acceptance of the Shipment addressed to them or payment of the cash-on-delivery amount;
– Delays in transferring funds by the payment operator for the ordered Service, and thus delays in service execution;
– Loss, damage, or delay in the transport of the Shipment if caused by the Service Recipient or Recipient, not due to the Operator’s fault, due to the properties of the goods, or force majeure;
– Providing incorrect or false data by the User, including data related to Shipment dispatch;
– Failure to hand over the Shipment to the Carrier;
– Violation of the Carrier’s Terms and Conditions by the User;
– Violation of these Terms and Conditions by the User.

  1. The Operator is liable for loss, damage, or destruction of the Shipment caused by its fault at the Collection and Delivery Point cooperating with its operator, with liability for loss, damage, or destruction of the Shipment subject to the Transport Law limited to the declared value, not exceeding the actual value.
  2. Personal Data and Privacy Policy
  3. In connection with operating the online Service at x-supplements.com and its functionalities, we hereby inform you about the protection and use of Personal Data for purposes related to GDPR Article 13 requirements.

Data Administrator: Fundamina s. r. o., email for data protection purposes: xsupplements@int.pl.

  1. Personal Data processing is carried out in accordance with the Personal Data Protection Act of 29 August 1997, the Act on the Provision of Electronic Services, these Terms and Conditions, and with appropriate technical and organizational measures meeting Polish law requirements.
  2. The Data Protection Officer is available at xsupplements@int.pl.
  3. The basis for processing Personal Data is always the User’s consent.
  4. We collect Personal Data such as:
    – Name and surname;
    – Residential address, correspondence address, collection address, delivery address;
    – Phone number;
    – Email address;
    – NIP, REGON, KRS numbers;
    – Bank account number;
    – Transaction data – payments made to and from the account;
    – Financial data – Piggy Bank Account balance;
    – Contractual data – concluded agreements, including Orders;
    – Communication data – conducted communication;
    – Transaction data.
  5. Personal Data is collected during the use of our Service at x-supplements.com, e.g., during:
    – Using Service functionalities;
    – Registration in the Service during Account creation;
    – Verification and identification (e.g., during login);
    – Concluding agreements for Service provision and transport services;
    – Executing agreements concluded via the Service;
    – Complying with legal provisions;
    – Promotional and commercial activities of the Operator, only with additional consent.
  6. The purpose of collecting Personal Data is to enable the provision of services, including:
    – Using Service functionalities (including logging in);
    – Concluding and executing agreements for Service provision concluded via the Service;
    – Sending information about changes in service provision conditions, particularly Price List and Terms and Conditions changes;
    – Handling payments and claims related to concluded agreements, including complaint and debt collection processes;
    – Facilitating communication between the Sender, Carrier, Service Recipient, and Recipient;
    – Conducting correspondence for Service execution;
    – Preparing accounting documentation, including issuing invoices;
    – Preparing documentation of concluded agreements;
    – Statistical research for archival purposes;
    – Fulfilling other obligations arising from applicable law;
    – With additional consent, sending commercial information electronically and informing about promotions.
  7. The legal basis for processing Personal Data is:
    – Execution of the agreement for Service provision specified in the Service’s Terms and Conditions operated by LAB WTO SP. Z O.O., Turystyczna 40, 20-207 Lublin, Poland (based on GDPR Article 6(1)(b));
    – Fulfilling the Administrator’s legal obligations (based on GDPR Article 6(1)(c) and (3));
    – Pursuing or securing claims (based on GDPR Article 6(1)(f));
    – With additional consent, marketing of own products or services (based on GDPR Article 6(1)(f)).
  8. Personal Data is stored and processed with the required technical and organizational measures ensuring their protection. Personal Data is protected against unauthorized access and modification in accordance with the Operator’s internal procedures. For Service execution, Personal Data recipients include:
    – Carriers (Couriers) selected by Service Recipients, such as DHL, DPD, UPS, FedEx, Poczta Polska, Royal Mail, InPost Paczkomaty, InPost Kurier (and their subcontractors) – the current list of Carriers is available in our Terms and Conditions at x-supplements.com;
    – Banks and payment system operators handling payments and refunds (cash on delivery);
    – Entities handling accounting;
    – Persons and entities executing ordered services, including Senders known to Recipients, providing them with dedicated promotional codes;
    – Entities handling claim recovery and legal services;
    – Entities providing or intermediating in IT services, including hosting providers;
    – Persons, authorities, and institutions entitled to access Personal Data under applicable regulations.
  9. Personal Data collected in connection with operating the x-supplements.com Service and concluding agreements will be stored:
    – For the duration of the agreement – until its execution is completed, and thereafter for the period required by applicable law;
    – In connection with fulfilling all obligations arising from the agreement – until the expiration of the claim limitation period;
    – For fulfilling legal obligations related to business activities and agreement execution – until these obligations are fulfilled;
    – In case of consent to receiving promotional and offer information – until the consent is withdrawn.
  10. The User always has the right to:
    – Request access to, rectification, deletion, or restriction of processing of their Personal Data, as well as data portability;
    – Withdraw consent at any time. Withdrawal does not affect the lawfulness of processing based on consent before its withdrawal;
    – Object to the processing of Personal Data at any time;
    – Lodge a complaint with the supervisory authority (GIODO);
    – Withdraw consent for processing Personal Data for receiving commercial information at any time.
  11. Providing Personal Data is voluntary, but failure to provide or incomplete provision may prevent the use of Service functionalities.
  12. In case of an Order submitted via the Service, the Operator may, to streamline the process, send messages to the User’s provided email address, contact them by phone at the provided number, or communicate via other means of distance communication to:
    – Respond to User messages;
    – Provide information regarding the Order;
    – Clarify payment issues for Orders;
    – Address and correct any errors or ambiguities.
  13. We do not use profiling or automated decision-making processes.
  14. In case of information about a data protection breach or any situation constituting a breach of Personal Data security, please inform us immediately. This will allow us to determine the cause of the breach and take immediate action to address it and properly secure Personal Data against further breaches.
  15. After deleting or blocking an Account, the Administrator processes Users’ Personal Data in accordance with applicable law and these Terms and Conditions for the purposes of:
    – Proper settlement of ordered services;
    – Proper completion of service provision for the Service Recipient;
    – Handling complaints;
    – Internal financial and tax reporting.
  16. In case of the transfer of rights related to the Service to another entity, the data, including the Service Recipient’s Personal Data, will be transferred to the acquirer of the Service’s rights, to which the Service Recipient consents by accepting these Terms and Conditions.
  17. Processing of Other Data. Cookies
  18. During a User’s visit to the x-supplements.com Service website, data concerning the visit is automatically collected, including:
    – IP address;
    – Domain name;
    – Browser type;
    – Operating system type;
    – Device type used to connect;
    – Connection time with the Service.
  19. The x-supplements.com Service website uses cookies stored in the browser’s memory. In most cases, this is necessary for the proper functioning of the website. Cookies are also used by tools analyzing website traffic.
  20. The x-supplements.com Service website uses, among others, the following types of cookies:
    – Statistical cookies, enabling the collection of information about the use of the Service’s website;
    – Advertising cookies, enabling the delivery of offer content better tailored to user interests;
    – Security cookies, used to detect authentication abuses within the website;
    – Functional cookies, enabling “remembering” user-selected settings and interface personalization, e.g., language, region, font size, or website appearance.
  21. Examples of cookie applications by the x-supplements.com Service website include:
    – Enhancing security;
    – Maintaining user sessions in forms, surveys, and the transaction system, ensuring all server calls originate from the User’s computer by validating cookies and the IP address. In case of attempted session hijacking from another computer, the session is terminated;
    – Reporting traffic sources;
    – Analyzing the effectiveness of promotional activities;
    – Google ads – to better tailor ads to user preferences, the Operator uses cookies collecting basic information about user behavior on x-supplements.com. All information is anonymous and aims to best match displayed ads in the Google search engine and other websites using tools like Google AdWords and DoubleClick. Users can opt out of Google cookies in ad settings (www.google.pl/settings/ads);
    – Google Analytics analysis – to better understand user intentions, the Operator uses Google cookies collecting anonymous basic information about user activity on x-supplements.com for traffic source reporting, user behavior analysis, and promotional campaign effectiveness.
  22. Most browsers available on the market accept cookies by default. Users can define cookie usage conditions through their browser settings and delete cookies at any time. For instructions on disabling cookies and detailed information on changing cookie settings or deleting them in popular browsers, refer to the browser’s help section or the following websites:
    – Chrome: https://support.google.com/chrome/answer/95647?hl=pl
    – Firefox: https://support.mozilla.org/pl/kb/ciasteczka?esab=a&s=ciasteczka&r=0&as=s
    – Internet Explorer: https://support.microsoft.com/pl-pl/help/17442/windows-internet-explorer-delete-manage-cookies
    – Opera: http://help.opera.com/Windows/12.10/pl/cookies.html
    – Safari: https://support.apple.com/pl-pl/HT201265
    – Microsoft Edge: https://support.microsoft.com/pl-pl/help/10607/microsoft-edge-view-delete-browser-history
  23. Security and Threats
  24. The Operator ensures the security of Personal Data through appropriate technical and organizational measures to prevent unlawful processing, accidental loss, destruction, or damage, including encrypted communication using the SSL (Secure Socket Layer) protocol.
  25. The SSL protocol is a security measure that encrypts data before sending it from the Service Recipient’s browser and decrypts it after secure delivery to the server. Information sent from the server to the Service Recipient is also encrypted and decrypted upon reaching its destination.
  26. The SSL protocol encrypts, authenticates, and ensures message integrity.
  27. The Operator informs that, despite measures taken to secure data transmitted via the Internet, certain risks associated with using electronically provided services cannot be eliminated, such as:
    – Receiving spam;
    – Presence and operation of malware, including computer viruses;
    – Presence and operation of internet worms;
    – Spyware actions;
    – Exposure to cracking or phishing (password theft);
    – Piracy;
    – Sniffing;
    – Introduction of illegal devices by other persons using the IT or telecommunications system, granting unauthorized access to protected services;
    – Cryptanalysis activities, i.e., finding weaknesses in the cryptographic system to break or bypass it;
    – Exposure to unwanted or malicious software performing unintended actions, such as wabbit, trojan, backdoor, exploit, rootkit, keylogger, dialer, or hoax.
  28. To maintain security and limit the risks mentioned in point 4, the Service Recipient should:
    – Create a strong password for the Client Account, containing uppercase and lowercase letters, numbers, and special characters, making it difficult to guess;
    – Log out of the Client Account after completing the session (closing the browser is not sufficient) and not leave the device unattended after logging in;
    – Keep the Client Account login and password confidential and not disclose them to others;
    – Use the Service only through trusted computers with updated antivirus software and operating systems;
    – Avoid storing login and password data on computers, especially on unfamiliar ones;
    – Avoid using the Service via open or unknown provider networks.
  29. Complaints
  30. Service Recipients have the right to file complaints regarding matters regulated by these Terms and Conditions, including improper functioning of the Service. Complaints can be submitted in writing by registered letter to the Operator’s registered office in Poland or electronically to xsupplements@int.pl.
  31. Complaints regarding non-performance or improper performance of payments should be directed to the Operator at xsupplements@int.pl in accordance with the provisions of these Terms and Conditions regarding electronic payment services.
  32. Complaints related to improper performance of transport services by the Carrier may be filed by the User, following the principles, procedures, and deadlines specified in the Carrier’s Terms and Conditions, via the Operator, in writing by registered letter to the Operator’s registered office in Poland or electronically to xsupplements@int.pl.
  33. The Operator promptly forwards complaints and comments to the Carrier for consideration. Complaints and comments regarding services provided by the Carrier will be processed in accordance with the selected Carrier’s regulations. The Carrier’s decision will be promptly communicated to the User via the Operator.
  34. Under applicable law, particularly the Transport Law of 15 November 1984 (consolidated text: Journal of Laws 2015, item 915, as amended) and the Postal Law of 23 November 2012 (consolidated text: Journal of Laws 2016, item 113, as amended), Service Recipients and Recipients (addressees) have the right to file complaints and pursue claims directly with the Carrier.
  35. Complaints will be processed within 30 days of receipt.
  36. A complaint submission should include:
    – Name or company name and address, email address of the Service Recipient;
    – Complaint title;
    – Documented entitlement to pursue the claim in the specified amount;
    – Proof of Shipment dispatch (Waybill) and Shipment number, if the complaint concerns a transport service;
    – Description of the issue forming the basis of the complaint (subject of the complaint, circumstances justifying the complaint);
    – Sender’s signature;
    – Document proving authorization if the complaint is filed by the Service Recipient’s representative.
  37. Filing and processing complaints are free of charge.
  38. The complaint process begins upon submission of complete documentation. If the submitted complaint does not meet the conditions specified in applicable law and the Carrier’s regulations, the Carrier will request the complainant to rectify deficiencies within 14 days of receiving the request, with a notice that failure to do so will result in the complaint being left unresolved. In such cases, the complaint filing date is the date the Carrier receives the supplemented complaint.
  39. Payments for upheld complaints are transferred to the bank account specified by the User within 30 days from the date the Operator receives the Carrier’s decision.
  40. If a complaint cannot be processed within this timeframe, the Operator will notify the complainant in writing of the reasons for the delay and the expected processing date. In case of violation of complaint procedure conditions, the complaint may not be upheld.
  41. Out-of-Court Complaint and Redress Procedures for Consumers
  42. A User who is a Consumer may use, among others, the following out-of-court complaint and redress procedures:
    – The Consumer is entitled to apply to a permanent consumer arbitration court, as referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2016, item 1059, as amended), with a request to resolve a dispute arising from the concluded service agreement. The organization and operation of permanent consumer arbitration courts are regulated by the Regulation of the Minister of Justice of 25 September 2001 on the organization and operation of permanent consumer arbitration courts (Journal of Laws No. 113, item 1214).
    – The Consumer is entitled to apply to the Provincial Trade Inspection Inspector, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2016, item 1059, as amended), with a request to initiate mediation proceedings for the amicable resolution of a dispute between the Consumer and the Operator. Information on the rules and procedure of mediation conducted by the Provincial Trade Inspection Inspector is available at the offices and websites of individual Provincial Trade Inspection Inspectorates.
    – The Consumer may obtain free assistance in resolving a dispute with the Operator by using the free assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  43. Detailed information on the Consumer’s ability to use out-of-court complaint and redress procedures and access to these procedures is available at the offices and websites of county (municipal) consumer ombudsmen, social organizations tasked with consumer protection, Provincial Trade Inspection Inspectorates, and the following websites of the Office of Competition and Consumer Protection:
    – http://www.uokik.gov.pl/spory_konsumenckie.php
    – http://www.uokik.gov.pl/sprawy_indywidualne.php
    – http://www.uokik.gov.pl/wazne_adresy.php
  44. Consumer’s Right to Withdraw from the Agreement (Order)
  45. A User who is a Consumer has the right to withdraw from the Agreement concluded with the Operator without stating a reason and without incurring costs, except for the costs referred to in point 2 of this paragraph, within 14 days from the receipt of the ordered goods, provided they submit a withdrawal statement within this period.
  46. If, at the explicit request of the Consumer, the Service is to commence before the withdrawal period expires, in case of withdrawal, the Consumer is obliged to pay for the services performed until the withdrawal moment. The payment amount is calculated proportionally to the scope of the performed services, considering the agreed price or remuneration. If the price or remuneration is excessive, the amount is calculated based on the market value of the performed services.
  47. To meet the withdrawal deadline specified in point 1, it is sufficient to send the withdrawal statement before the deadline expires.
  48. The withdrawal period begins on the day the order is placed.
  49. Withdrawal from the agreement is made by submitting a statement of intent to withdraw. The Consumer may:
    – Use the withdrawal form provided by the Operator;
    – Use the withdrawal form template in Annex 2 to these Terms and Conditions;
    – Submit a statement in any form, provided it clearly expresses the intent to withdraw from the agreement.
  50. The Operator provides the Consumer with the option to submit a withdrawal statement electronically using the withdrawal form template in Annex 2 to these Terms and Conditions or any other unequivocal statement.
  51. The Operator promptly confirms receipt of the Consumer’s withdrawal statement by sending a relevant message to the Consumer’s email address.
  52. In case of withdrawal from the agreement, the agreement is considered not concluded.
  53. The Operator is obliged to promptly, no later than 14 days from receiving the Consumer’s withdrawal statement, refund all payments made by the Consumer, considering the Consumer’s obligation to bear the costs referred to in point 2 of this paragraph. The Operator refunds payments using the same payment method used by the Consumer unless the Consumer expressly agrees to a different refund method that does not incur additional costs.
  54. Upon the Consumer’s withdrawal from the agreement, any related additional agreements concluded by the Consumer expire if the Service is performed by the Operator or a third party based on a separate agreement with the Operator. The Consumer does not bear costs related to the termination of these agreements, except for the costs referred to in point 2 of this paragraph.
  55. If an additional agreement was concluded with a third party, the Operator informs that party of the Consumer’s withdrawal from the agreement.
  56. The right to withdraw from the agreement does not apply to the Consumer if the Operator has fully performed the Service with the Consumer’s explicit consent, having been informed before the service commencement that they will lose the right to withdraw after the service is performed.
  57. Information on exercising the right to withdraw from the agreement, consistent with the annex to the Act of 30 May 2014 on Consumer Rights (Journal of Laws No. 827, as amended), is included in Annex 1 to these Terms and Conditions.
  58. The withdrawal form template, consistent with the annex to the Act of 30 May 2014 on Consumer Rights (Journal of Laws No. 827, as amended), is included in Annex 2 to these Terms and Conditions.
  59. Service Usage Rules
  60. The Operator holds intellectual property rights to the Service. Using the Software by Users in any manner other than strictly related to the Service is prohibited, including any attempts to interfere with the Software.
  61. The technical requirements necessary for cooperation with the IT system used by the User are:
    – Internet connection;
    – Web browser:
    – Internet Explorer versions 10.0 and higher;
    – Opera versions 9.0 and higher;
    – Firefox versions 3.0 and higher;
    – Chrome versions 5.0 and higher;
    – Safari.
  62. The Service Recipient using electronically provided services is prohibited from providing illegal content to the Service.
  63. The Service Recipient is obliged to refrain from abusing electronic communication means and from providing the following content to or through the Operator’s IT systems:
    – Content causing disruption or overloading of the Operator’s or other entities’ IT systems directly or indirectly involved in providing electronic services;
    – Content violating third-party rights, generally accepted social norms, or applicable law;
    – Content non-compliant with applicable law.
  64. The Operator reserves the right to conduct maintenance work on the Service that may cause difficulties or prevent the use of services. Maintenance schedules and expected durations will be published on x-supplements.com before work begins.
  65. Access to information about changes in the method and scope of service provision by the Operator and information required under Article 6 of the Act on the Provision of Electronic Services will be provided via x-supplements.com.
  66. In special cases affecting the security or stability of the IT system, the Operator may temporarily suspend or limit service provision without prior notice and conduct maintenance work to restore system security and stability.
  67. Notwithstanding the above, the Operator may cease providing Services at any time if a justified request is made by an internet provider or other authorized entity.
  68. Final Provisions
  69. The parties will attempt to resolve disputes amicably. In the absence of an agreement, disputes will be resolved by the court competent for the Operator’s registered office.
  70. The parties are bound by the Terms and Conditions applicable on the day the Order is placed.
  71. The Operator is entitled to amend these Terms and Conditions.
  72. The Operator will inform Users electronically about changes to the Terms and Conditions and their new content.
  73. Amendments to the Terms and Conditions by the Operator are not effective for Orders placed before the amendment unless both parties agree to apply the current version of the Terms and Conditions to that agreement.
  74. The agreement for the provision of electronic services (Account maintenance agreement) may be terminated by either party with a 30-day notice period. Termination is made by sending a termination statement to xsupplements@int.pl directly from the User’s email address associated with the Service Account or in writing to the Operator’s registered office. The agreement is terminated upon the expiration of the notice period, but not earlier than the completion of the Service and final settlement, including payment to the Operator for issued invoices.
  75. Upon the expiration of the notice period, the agreement is terminated, and the Account is deleted from the Service.
  76. The Operator is entitled to terminate the agreement for the provision of electronic services (Account maintenance agreement) with immediate effect in case of:
    – Gross violation of these Terms and Conditions by the User;
    – Using the Services available in the Service to break the law.
  77. Upon termination of the Agreement by the User or Operator, or other expiration of the Agreement, the Account and all associated Data are deleted. The User acknowledges and agrees that Account deletion results in the irreversible loss of all Data stored within that Account.
  78. Account deletion does not automatically result in the deletion of Personal Data from the Account Database.
  79. Account deletion does not exempt the Service Recipient from settling obligations towards the Operator.
  80. Matters not expressly regulated in these Terms and Conditions are subject to generally applicable legal provisions, particularly the Civil Code of 23 April 1964 (Journal of Laws 2016, item 380, as amended), the Transport Law of 15 November 1984 (Journal of Laws 2015, item 915, as amended), and the relevant Carrier regulations regarding transport service execution.
  81. Annexes to these Terms and Conditions are:
    – Annex No. 1 – Information on the Right to Withdraw from the Agreement;
    – Annex No. 2 – Withdrawal Form Template.
  82. These Terms and Conditions are effective from January 1, 2025.

Annex No. 1. Information on the Right to Withdraw from the Agreement

You have the right to withdraw from this agreement within 14 days without stating a reason.
The withdrawal period expires 14 days from the date of delivery of the ordered goods. To exercise the right to withdraw, you must inform Fundamina s. r. o., Hornočermánska 1556/76, 949 01 Nitra, Slovakia, of your decision to withdraw from this agreement by an unequivocal statement.
You may use the withdrawal form template, but it is not mandatory. You may also complete and send the withdrawal form or any other unequivocal statement electronically to xsupplements@int.pl. If you use this option, we will promptly send you confirmation of receipt of the withdrawal information on a durable medium, e.g., in PDF format via email.
To meet the withdrawal deadline, it is sufficient to send the withdrawal statement before the deadline expires.
In case of withdrawal from this agreement, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), promptly, and in any case no later than 14 days from the date we are informed of your decision to withdraw. We will refund payments using the same payment method you used in the original transaction unless you expressly agree to a different method that does not incur additional costs.
If you requested the commencement of services before the withdrawal period expires, you will pay us an amount proportional to the scope of services performed until you informed us of the withdrawal from this agreement.

Annex No. 2. Withdrawal Form Template

(This form should be completed and returned only if you wish to withdraw from the agreement)
**To**: Fundamina s. r. o., Hornočermánska 1556/76, 949 01 Nitra, Slovakia, xsupplements@int.pl
I/We(*) hereby inform of my/our(*) withdrawal from the agreement for the sale of the following goods(*), the supply of the following goods(*), the performance of the following work(*), or the provision of the following service(*):
– Date of agreement conclusion(*)/receipt(*):
– Consumer(s) name(s):
– Consumer(s) address:
– Consumer(s) signature(s) (only if sent in paper form):
– Date:

(*) Delete as appropriate.