Shop rules

§1
Introductory provisions.

The eatyx online store, available at eatyx.com (including subpages and tabs located at this address), is run by eatyx Polska Sp. z oo with its registered office in Kraków, Al. 3 Maja 9, 30-062 Kraków, registered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division, under the KRS number: 0001005514, REGON: 523795322, NIP: 6772487175, with the share capital of PLN 10,000,000.00, BDO registration number: 000597279.
Before starting to use the Store, the User is obliged to read the Regulations. After accepting the content of the Regulations, the User is obliged to comply with them. Starting to use the Store and the services provided through it is tantamount to accepting the provisions of the Regulations.
The currently applicable regulations are available free of charge in the Store, via a link available on the Store's home page. www.eatyx.com and in printed version at the Seller's registered office.
The content of the Regulations may be recorded by the Store user by printing, saving on a medium or downloading from the website at any time. Shop (Regulations available for download in .pdf format) .
In the scope of services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act on the provision of services by electronic means.

§2
Definitions.

Registration form – a form available in the Store enabling the creation of an Account.
Order form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of executing the Order and payment for the purchased Products.
Customer – any entity placing an Order in the Store (Consumer, Entrepreneur or Entrepreneur with Consumer rights), whereby the Customer may only be:
Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
Account – the Customer’s account in the Store and the System, in which the data provided by the Customer and information about the Orders placed by him in the Store are collected.
Basket – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of Products or Product packaging.
System Customer Panel – a functionality of the System that allows the Customer to track all operations related to the execution of his Order.
Product – a movable item available in the Store’s offer on the day of placing the order, which is the subject of the Sales Agreement between the Customer and the Seller, and to which the Seller holds the ownership right.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business or professional activity on its own behalf, who uses the Store; in the case of a natural person, an Entrepreneur is considered to be a natural person placing an Order in the Online Store for a purpose directly related to its business activity, when the content of the Sales Agreement indicates that it has a professional nature for it, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Entrepreneur with Consumer Rights – a natural person performing legal acts directly related to his/her business activity, when it results from the content of this act that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Statute – these Store regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services electronically.
Store – the website operated by the Seller at the Internet address www.eatyx.com (taking into account subpages and bookmarks located at this address).
Seller – eatyx Polska sp. z o. o. with its registered office in Kraków, Al. 3 Maja 9, 30-062 Kraków, registered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division, under KRS number: 0001005514, REGON: 523795322, NIP: 6772487175, with the share capital of PLN 10,000,000.00, a large entrepreneur within the meaning of art. 4 sec. 6 of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions.
System – an IT system that enables the implementation of the functionalities described in the Regulations.
Sales Agreement – an agreement concluded with the Customer as part of an organised system of concluding distance contracts (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, consolidated text: Journal of Laws of 2020, item 287, as amended).
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, consolidated text: Journal of Laws of 2020, item 344, as amended).
Order – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.

§3
Contact the Store.

Seller’s address : eatyx Polska sp. z o. o., Al. 3 Maja 9, 30‑062 Kraków.
Seller's email address : sklep@eatyx.com
Seller's telephone number : + 48 696 036 564 (call fee according to the operator's tariff).
Seller's bank account number: 74114010810000437875001008.
The Customer may communicate with the Seller using the addresses and telephone numbers indicated in this paragraph.
The Customer may communicate with the Seller by telephone from Monday to Friday, excluding public holidays, between 9:00 a.m. and 5:00 p.m.

§4
Technical requirements. Electronic services.

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

a terminal device with access to the Internet and an installed web browser,
active e-mail account,
file support enabled cookies – necessary to place an Order, with the details regarding the files cookies used in the Store can be found in Privacy Policy

The public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons obtaining and modifying Customer data, therefore Customers should use appropriate technical measures that will minimize the above-mentioned risks. In particular, Customers should use antivirus programs and programs that protect the identity of those using the Internet.
Within the Store, users are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular those automating script and application processes or other codes, files or tools).
The Seller is not responsible for the content of other websites and portals to which the Customer may be redirected using links provided in the Online Store (e.g. courier companies or payment operators).
The Seller provides the following electronic services to Customers free of charge via the Store:
1. enabling Customers to place Orders and conclude Sales Agreements under the terms set out in these Regulations;
2. enabling viewing of materials and content posted on the Online Store;
3. Account – in case of registration;
4. Basket;
5. Contact form;
6. Newsletter.
The use of any of the above-mentioned electronic services may not be used in any way to enable the Customer to provide content of an unlawful nature.
Complaints related to the provision of electronic services may be submitted under the terms specified in § 19 of the Regulations.
Detailed information about the purpose of storing and accessing information using cookies cookies , as well as the possibility for the Client to determine the conditions for storing or accessing information contained in the files cookies , using the software settings installed in the telecommunications terminal device used by the Customer or the service configuration can be found on the website www.eatyx.com in the Privacy Policy

§5
General information.

The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused in particular by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
The Seller declares that the content available in the Store is not illegal and the Seller has all rights to distribute it.
Browsing the Store's assortment does not require creating an Account.
The Customer may place orders for Products in the Store's assortment either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data in the Order Form, enabling the execution of the Order without creating an Account.
The prices given in the Store are given in Polish zloty and are gross prices (including VAT), unless otherwise stated in a given case.
The final (final) amount to be paid by the Customer consists of the price for the Product, the cost of delivering the Product to the Customer and any additional costs that may be related to the payment method chosen by the Customer, about which the Customer is informed on the Store's website when placing the Order - at the time of expressing the will to be bound by the Sales Agreement.
When the nature of the subject of the Sales Agreement does not allow, reasonably assessed, for the final (final) price to be calculated in advance, information on the manner in which the price will be calculated, as well as on the delivery fees, will be provided in the Store in the Product description.
In each case of a reduction in the price of a Product, information about the reduced price is also displayed next to the information about the lowest price of this product or service that was applicable in the period of 30 days before the introduction of the reduction. If a given Product is offered for sale for a period of less than 30 days, information about the reduced price is also displayed next to the information about the lowest price of this Product that was applicable in the period from the day of offering this product or service for sale to the day of introducing the reduction. In the case of Products that spoil quickly or have a short shelf life, information about the price before the first application of the reduction is displayed next to the information about the reduced price.
The Seller may organize promotional campaigns, including, among others, providing specific Customers with discount codes or promotional coupons, the rules of which will be specified in separate regulations published on the Store's website. The rules of the " Discount Code " promotional campaign are specified in § 17 of the Regulations.
The main features of the service, including the subject of the service and the method of communication with the Customer, are specified on the product page or in another manner appropriate for a given Product, within the Store. If the Product does not have specific features, properties or functions (e.g. it is an outlet product), the Seller will clearly inform the Customer about this before he places the Order.

§6
Setting Up an Account in the Store. Shopping Cart.

Service Accounts is a service provided by the Seller, which is provided free of charge for an indefinite period of time in order to fully use all the functions of the Online Store.
Additionally, the Seller provides the following services to Customers who have created an Account via the Online Store:
1. maintaining the Customer’s session after the Customer has logged in to the Account (using a browser);
2. storing and making available to the Customer via the Account the Order History,
3. enabling the Customer to change their data within the Account.
To set up an Account in the Store, you must complete the Registration Form by providing your first name, last name, address of residence/registered office, telephone number, Tax Identification Number (in the case of Entrepreneurs and Entrepreneurs with the right of Consumer), e-mail address and password, as well as select the declaration that you have read and agree to be bound by the provisions of the Regulations and the Privacy Policy of the Store.
To gain access to your Account after completing the Registration Form, confirm your registration by clicking on the link sent to the e-mail address provided in the Registration Form.
As an alternative to the actions taken in accordance with paragraphs 3 and 4 above, it is possible to log in to the Store using a Google account or a Facebook account or an Apple ID (the Customer's use of external authentication services for the purpose of logging in is carried out in accordance with the rules for the provision of these services by external entities and is not subject to these Regulations).
Within the Account it is possible to set some additional data, which can then be automatically filled in when placing an Order.
Creating an Account in the Store is free.
Logging in to the Account is done by entering the login and password set in the Registration Form.
The agreement for the provision of Account services is concluded upon receipt by the Customer of registration confirmation sent by the Seller to the e-mail address provided by the Customer.
The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3. Deleting the Account constitutes termination of the agreement for having such an account, concluded for an indefinite period.
The Cart Service is a service provided by the Seller via the appropriate subpage of the Online Store, allowing Customers to select Products in order to place an Order.
The Basket service is provided free of charge and is a one-time service covering the time in which unpurchased Products are in the Basket. The use of the Basket service begins when the Customer adds the first Product to the Basket. The Basket service ends when the Order is placed through it or when the Customer stops placing an Order through it earlier, in accordance with their will.

§7
Rules for placing an Order.

To place an Order you must:

select the Product that is the subject of the Order and then click the button Add to cart (or equivalent);
log in or use the option to place an Order without registration;
choice of options continue shopping if you wish to add more Products to your Order or select options go to the basket if all the Products that are to be included in the Order have already been added;
selection of the payment and delivery method from those available when placing the Order in the Store;
entering a discount code – if the Customer has one and wants to use it;
choice of options proceed further ;
choosing whether to receive a VAT invoice;
if you have chosen to place an Order without registration - complete the Order Form by entering the invoice data and the Order recipient's data, if different from the invoice data;
if you are logged in – complete the Order Form by entering the fields that were not completed automatically;
selecting the declaration of acceptance of the Regulations and Privacy Policy;
clicking the button I buy ;
pay for the Order (including the costs of its delivery) within 48 hours.

§8
Delivery and payment.

Current information on available order delivery methods can be found on the Store subpage Shipping costs and acceptable payment methods can be found on the Store subpage Payment Methods.

§9
Execution of the Sales Agreement.

The condition for concluding a Sales Agreement between the Customer and the Seller is the Customer placing an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
After placing an Order, the Seller immediately confirms its receipt by sending an appropriate e-mail message to the Customer at the e-mail address assigned to the Account or to the e-mail address provided when placing the Order. This message is not a confirmation of acceptance of the Customer's offer. It is only information that the Seller has received the order.
After verifying that the Order can be accepted for execution, the Seller sends the Customer a message about the acceptance of the Order. This message should contain at least the attached content of these Regulations, the Seller's confirmation of the conclusion of the Sales Agreement and information about the buyer's right to withdraw from the Sales Agreement (if such a right is granted to him). At the moment the Customer receives confirmation of the acceptance of the Order, a Sales Agreement is concluded between the Customer and the Seller.
In the event of a lack of Products in the warehouse that makes it impossible to complete the Order in its entirety, the Customer will be informed by the Seller within 24 hours of placing the Order by e-mail to the e-mail address assigned to the Account or to the e-mail address provided when placing the Order about the impossibility of completing the Order in its entirety. The Customer will receive a proposal to modify the Order by changing the shipping date of the entire Order or dividing the Order into several shipments with different Order dates. In the event of acceptance of the Order modification, the Customer should confirm this within 24 hours of receiving the message from the Seller. In the absence of confirmation within the indicated period, the Order is considered canceled.
Upon receipt by the Seller of confirmation of acceptance of the modification of the Order, a Sales Agreement is concluded between the Customer and the Seller. The Seller then immediately sends the Customer a message about the acceptance of the order. This message should contain at least the attached content of these Regulations, the Seller's confirmation of the conclusion of the Sales Agreement and information about the buyer's right to withdraw from the Sales Agreement. Upon receipt by the Customer of confirmation of acceptance of the Order, a Sales Agreement is concluded between the Customer and the Seller.
The User has the ability to track the Order via the System’s Customer Panel.
The minimum duration of the Customer's obligations under the Sales Agreement lasts until the Customer exercises the right to withdraw from the Sales Agreement or until the expiry of the periods in which the Customer may exercise such right.
The Sales Agreement is concluded in Polish and in accordance with Polish law.

§10
Conditions of execution of the Sales Agreement.

The Customer is obliged to make the payment within 48 hours from the moment the Customer receives the confirmation of the acceptance of the Order by the Seller or the Buyer approves the Order. In the event that the Customer fails to pay the price of the Order within this time, the ineffective expiry of this time will be treated as the Seller's withdrawal from the Sales Agreement. The Seller is not responsible for errors made by the Customer when placing the Order.
The Products covered by the Order will be shipped (handed over to the entity delivering the parcels) by the Seller within 48 hours of receipt of full payment for the Products by the Seller, subject to § 9 section 4 of the Regulations.
The products covered by the Order will be shipped in the manner selected by the Customer when placing the Order.
The estimated delivery time of the Products is indicated on the website of the Online Store in the tab Shipping costs and it depends on the delivery method chosen by the Customer, whereby in each case the delivery time to the Customer of the Products covered by the Order is up to 30 days from the date of conclusion of the Sales Agreement. The total waiting time for the Customer to receive the Products covered by the Order consists of the time of preparation of the Products for shipment by the Seller and the time of delivery of these Products to the Customer to the address indicated by the Customer when placing the Order.
Delivery of the Product takes place only within Poland.
Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product are indicated to the Customer when placing the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
If the Customer expresses the wish to receive a VAT invoice when placing the Order, it is issued by the Seller in electronic form and sent to the Customer to the e-mail address provided when placing the Order, unless the Customer expressly expresses the wish to receive the invoice in paper form or to receive an electronic invoice to a different e-mail address.

§11
Customer Rights.

The Sales Agreement concluded by the Consumer with the Seller is a Distance Agreement and the provisions of the Consumer Rights Act apply to it, concerning distance agreements, including the right to withdraw from the agreement, except for the cases specified in § 12 section 12 of the Regulations. The provisions of the Consumer Rights Act regarding the right to withdraw from a distance agreement also apply to Sales Agreements concluded by the Entrepreneur with the rights of the Consumer with the Seller.
The provisions of generally applicable law regarding liability for the conformity of the product with the sales contract shall apply to each Product Sales Agreement concluded by the Customer with the Seller, subject to § 14 of the Regulations.
The Seller is responsible for the delivery of the Products covered by the Order. The Seller is also responsible for the loss, shortage, damage to the shipment containing the Products or untimely delivery, from the time of its release for transport to its delivery to the place of destination (subject to the provisions of § 14 of the Regulations).
The Customer should pay due attention to the condition of the shipment containing the Products covered by the Order upon receipt, in particular whether the shipment has not been damaged or destroyed.

§12
The right of the Consumer and the Entrepreneur with the Consumer's rights to withdraw from the contract.

The Sales Agreement concluded by the Consumer with the Seller is a distance contract and the regulations of the Consumer Rights Act apply to it, concerning distance contracts, including the right to withdraw from the contract, except for the cases specified in § 12 section 12 of the Regulations. The regulations of the Consumer Rights Act regarding the right to withdraw from a distance contract also apply to Sales Agreements concluded by an Entrepreneur with the rights of a Consumer with the Seller. The Customer who is a Consumer or an Entrepreneur with the rights of a Consumer, respectively, who has concluded a distance contract, may withdraw from the Sales Agreement within 14 days without giving a reason and without incurring any costs (except for the costs described in section 6, section 10 second sentence and section 11 below) in accordance with the provisions of art. 27-38 of the Consumer Rights Act.
The deadline for withdrawal from the Sales Agreement begins on the day the Product is taken into possession by the Consumer or an Entrepreneur with the rights of the Consumer or a third party indicated by him, other than the carrier, and in the case of a Sales Agreement which:

covers multiple Products that are delivered separately, in batches or in parts – from the moment of taking possession of the last Product, batch or part thereof,
consists in the regular delivery of Products for a specified period of time – from the moment of taking possession of the first Product.

Withdrawal from the Sales Agreement is done by submitting an unequivocal declaration by the Consumer or an Entrepreneur with the rights of the Consumer. The declaration of withdrawal from the Sales Agreement may be submitted in the form of an e-mail message to the Seller's e-mail address: sklep@eatyx.com, as well as sent by traditional mail to the Seller's address: eatyx Polska Sp. z oo, AL. 3 MAJA 9, 30-062 KRAKÓW. The right of withdrawal may also be exercised by sending a completed withdrawal form to the Seller (Download form in .pdf format) or the form constituting Annex No. 2 to the Consumer Rights Act, however, this is not obligatory. In order to improve service and ensure its highest quality, the Customer is asked to attach proof of purchase to the returned Products. To meet the deadline, it is sufficient to send the statement before it expires.
In the event that the Consumer or the Entrepreneur with the rights of the Consumer sends a declaration of withdrawal from the Sales Agreement by e-mail, the Seller shall immediately send the Consumer or the Entrepreneur with the rights of the Consumer a confirmation of receipt of the declaration of withdrawal from the Sales Agreement to the e-mail address provided by the Consumer or the Entrepreneur with the rights of the Consumer.
In the event of withdrawal from the Sales Agreement, the Sales Agreement is considered not to have been concluded. The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the purchased Products immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Products before it expires.
The Consumer or Entrepreneur with Consumer rights bears the direct costs of returning the Products.
The returned Product should be sent to the following address: Fulfilio Sp. z o. o., ul. Łubińska 10, 05-532 Łubna, Building B (eatyx).
The refund to the Consumer or the Entrepreneur with the rights of the Consumer will be made immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement. However, the Seller may withhold the refund until the Product is received back or the Consumer or the Entrepreneur with the rights of the Consumer provides proof of its return, depending on which event occurs first.
The payment will be refunded using the same method of payment that was used by the Consumer or the Entrepreneur with the rights of the Consumer, unless the Consumer or the Entrepreneur with the rights of the Consumer in the declaration of withdrawal clearly indicates another method of refund that does not involve any costs for him.
If the Consumer or Entrepreneur with Consumer rights incurs the costs of shipping the Product, these costs are also subject to refund. However, if the Consumer or Entrepreneur with Consumer rights has chosen a method of delivering the Product other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to refund the Consumer or Entrepreneur with Consumer rights the additional costs incurred by him.
The Consumer or the Entrepreneur with the rights of the Consumer is liable for any reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the Consumer or the Entrepreneur with the rights of the Consumer in relation to contracts:
1. for the provision of services for which the Consumer or an Entrepreneur with the rights of the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express consent of the Consumer or an Entrepreneur with the rights of the Consumer, who was informed before the commencement of the provision that after the Seller has provided the service, he will lose the right to withdraw from the contract, and has acknowledged this,
2. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires,
3. where the subject of the provision is a non-prefabricated product, manufactured according to the specifications of the Consumer or an Entrepreneur with the Consumer’s rights, or intended to meet the Consumer’s individual needs,
4. where the subject of the service is goods that spoil quickly or have a short shelf life,
5. where the subject of the service is goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons if the package was opened after delivery,
6. where the subject of the provision are goods which, due to their nature, will be inseparably connected with other items after delivery,
7. where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations beyond the Seller’s control,
8. in which the Consumer or the Entrepreneur with the rights of the Consumer expressly requested the Seller to come to him for urgent repair or maintenance, if the Seller provides additional services other than those requested by the Consumer or the Entrepreneur with the rights of the Consumer, or supplies goods other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the Consumer or the Entrepreneur with the rights of the Consumer in relation to additional services or goods,
9. where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery,
10. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
11. concluded through a public auction,
12. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of provision of the service,
13. for the delivery of digital content not delivered on a tangible medium, for which the consumer or an Entrepreneur with the rights of the Consumer is obliged to pay the price, if the Seller commenced the performance of the service with the express consent of the Consumer or an Entrepreneur with the rights of the Consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the service, the Seller will lose the right to withdraw from the contract, and has acknowledged this,
14. for the provision of services for which the Consumer or Entrepreneur with Consumer rights is obliged to pay the price, in the case of which the Consumer or Entrepreneur with Consumer rights has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the Consumer or Entrepreneur with Consumer rights.

§13
Liability towards the Consumer and the Entrepreneur with Consumer rights due to the non-conformity of the Product with the Sales Agreement.

Complaints are considered based on the provisions of the Consumer Rights Act.
The Seller shall be liable to the Customer who is a Consumer or an Entrepreneur with Consumer rights if the sold Product is inconsistent with the concluded Sales Agreement. The Seller's liability for the Product's inconsistency with the Sales Agreement is regulated by the provisions of the Consumer Rights Act, in particular Article 43a et seq. of the Consumer Rights Act.
In the event of non-conformity of the Product with the Sales Agreement, the Customer referred to in paragraph 2 above may request the repair of the Product or its replacement. If bringing the Product into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller, the Seller may:
1. replace the Product if the Customer requests a repair, or
2. repair a Product when the Customer requests a replacement.
If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into compliance with the Sales Agreement. When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the Product's non-compliance with the Sales Agreement, the value of the Product in compliance with the Sales Agreement and excessive inconvenience to the Customer resulting from the change in the method of bringing the Product into compliance with the Sales Agreement.
In the cases indicated in paragraph 3 letter ab, the Customer makes the Product subject to repair or replacement available to the Seller, and the Seller collects the Product from the Customer at its own expense. The details of collection are agreed individually as part of a given complaint. The Seller repairs or replaces the Product within a reasonable time from the moment the Customer informed the Seller of the non-conformity of the Product and without excessive inconvenience to the Customer, taking into account the specificity of the Product and the purpose for which the Customer purchased it. The Seller bears the costs of repairing or replacing the Product, including in particular the costs of postage, transport, labor and materials. The Customer is not obliged to pay for the normal use of the Product that was subsequently replaced.
In the event of non-compliance of the Product with the Sales Agreement, the Customer referred to in paragraph 1 may request a price reduction or withdraw from the Sales Agreement if:

The Seller refused to bring the Product into compliance with the Sales Agreement in accordance with paragraph 3;
The Seller has not brought the Product into compliance with the Sales Agreement in accordance with section 4;
the lack of conformity of the Product with the Sales Agreement persists even though the Seller has attempted to bring the Product into conformity with the Sales Agreement;
the lack of conformity of the Product with the Sales Agreement is so significant that it justifies a price reduction or withdrawal from the Sales Agreement without prior use of the protection measures specified in paragraph 3;
it clearly follows from the Seller's statement or the circumstances that he will not bring the Product into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Customer.

The reduced price remains in such proportion to the price of the Product resulting from the Sales Agreement, in which the value of the Product inconsistent with the Sales Agreement remains to the value of the Product consistent with the Sales Agreement. The Seller shall return to the Customer the amounts due as a result of the price reduction immediately, no later than within 14 days of receiving the Customer's statement on the price reduction.
The Customer referred to in paragraph 2 above may withdraw from the Sales Agreement if the non-conformity of the Product with the Sales Agreement is material. He may not withdraw from the Sales Agreement if the non-conformity of the Product with the Sales Agreement is immaterial. It is presumed that the non-conformity of the Product with the Sales Agreement is material. In the event of withdrawal from the Sales Agreement, the Customer shall immediately return the Product to the Seller at his expense. The Seller shall immediately return the price of the Product to the Customer, no later than within 14 days of receipt of the Product or proof of sending back the Product. If the non-conformity of the Product with the Sales Agreement concerns only some of the Products delivered under the Sales Agreement, the Customer may withdraw from the Sales Agreement only in relation to these Products, as well as in relation to other Products purchased by the Customer together with Products that are non-conforming with the Sales Agreement, if it cannot be reasonably expected that the Customer will agree to retain only Products that are compliant with the Sales Agreement.
The Seller shall refund the price using the same method of payment as used by the Customer, unless the Customer has expressly agreed to another method of refund that does not involve any costs for him.
The Seller shall not be liable for the non-conformity of the Product with the Sales Agreement if the Customer referred to in paragraph 2 above, at the latest at the time of conclusion of the Sales Agreement, has been expressly informed that a specific feature of the Product deviates from the following requirements of conformity with the Sales Agreement:

fit for the purposes for which a Product of this type is normally used, taking into account applicable laws, technical standards or good practice;
being in such quantity and having such characteristics, including durability and safety, as are typical for a Product of this type and which the Customer may reasonably expect, taking into account the nature of the Product and the public assurance given by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label;
delivering the Product with all packaging, accessories and instructions that the Customer may reasonably expect to be provided;
having the same quality of the Product as the sample or model that the Seller made available to the Customer before concluding the Sales Agreement, and corresponding to the description of such sample or model - and separately accepted the lack of a specific feature of the Product.

The Seller is liable for any non-conformity of the Product with the Sales Agreement existing at the time of delivery of the Product and revealed within two years of the time of delivery of the Product, unless the Product's shelf life is longer. It is presumed that any non-conformity of the Product with the Sales Agreement that became apparent before the expiry of two years from the time of delivery of the Product existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the Product's non-conformity with the Sales Agreement.
In the event of exercising claims or rights due to non-compliance of the Product with the Sales Agreement, complaints should be submitted to the following address: eatyx Polska Sp. z o. o., AL. 3 MAJA 9, 30-062 KRAKÓW or via e-mail: sklep@eatyx.com.
The Consumer and the Entrepreneur with the rights of the Consumer will be informed by the Seller about the method of handling the complaint within 14 days from the date of its submission. Failure of the Seller to respond to the request within the time specified in the first sentence means that the request is recognized as justified.
Before accepting the shipment from the post office or courier, the Customer should check the condition of the shipment, in particular whether the packaging has not been damaged or destroyed during transport. In particular, the Customer should pay attention to the condition of the tapes affixed to the shipment. If the packaging of the shipment shows signs of damage or if the tapes are torn, the shipment should be opened in the presence of the courier or a postal operator employee, and then - in the event of damage to the Product - a damage report should be drawn up with the participation of the courier or a postal operator employee and the Seller should be contacted.

§14
Provisions regarding Customers who are not Consumers and Entrepreneurs with Consumer Rights.

This section of the Regulations and the provisions contained therein apply only to Customers who are not Consumers and Entrepreneurs with Consumer rights.
At the time the Seller issues the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer, referred to in paragraph 1 above. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for transport until its issue to the Customer and for any delay in the transport of the shipment.
In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer referred to in paragraph 1 is excluded.
Neither the Seller nor its employees, authorized representatives and proxies shall be liable to the Customer referred to in paragraph 1 above, its subcontractors, employees, authorized representatives and/or proxies for any damages, including loss of profits, unless the damage was caused intentionally by them.
In each case of establishing the liability of the Seller, its employees, authorized representatives and/or proxies, this liability towards the Customer referred to in paragraph 1 above, regardless of its legal basis, is limited - both within the framework of a single claim, as well as for all claims in total - to the amount of the price paid for the Products and delivery costs under the last Sales Agreement and covers only the actual damage incurred (excluding lost profits).
Any disputes arising between the Seller and the Customer referred to in paragraph 1 above shall be submitted to the court having jurisdiction over the Seller's registered office.
With respect to the Customers referred to in paragraph 1 above, the Seller may amend the Regulations at any time in accordance with generally applicable provisions of law.

§15
Contact form.

The contact form service is a service provided by the Seller via the appropriate subpage of the Store - Contact , allowing Customers and other users of the Store to send messages to the Seller.
You can use the contact form service by going to the appropriate subpage of the Store - Contact , fill in the data in the contact form (name, e-mail address and message content) and click the button Send message .

§16
Newsletter.

The newsletter service is a service provided by the Seller via e-mail, allowing Store users to receive automatic information about products offered by the Seller or the Seller's partners, new products and available promotions.
The Store User can use the newsletter service by entering the name and e-mail address appropriate for receiving the newsletter in the footer on each subpage of the Store, checking the declaration of acceptance of the Regulations and Privacy Policy and clicking the button Sign up or by checking the appropriate box in the Registration Form.
The Store User may at any time and without indicating any reason, cancel the newsletter service. To do this, send a request to the Seller via e-mail to the following address: shop@eatyx.com or by clicking on the link in each issue of the newsletter.

§17
Terms and Conditions of the “Discount Code” Promotional Campaign.

The "Discount Code" Promotional Campaign enables Store Customers who have agreed to receive the newsletter in accordance with the provisions of § 16 of the Regulations to use a discount code in the form of an electronic alphanumeric code with an individual designation:

individual combination of letters/numbers/characters;
expiration date;
text information about the minimum purchase amount entitling you to use the discount code, if such a requirement has been set;
discount code value expressed as a percentage (percentage code).

The percentage discount code entitles you to purchase Products from the offer posted in the Store with the discount indicated on the coupon.
The discount value is distributed proportionally across all Products in the Cart.
The discount code cannot be combined with any other promotional offers available in the Store.
The customer has the right to use the code once when shopping in the Store.
Discount codes cannot be combined. The customer can only use one discount code during one transaction. Discount codes cannot be combined. Two codes cannot be used during one purchase.
Discount codes cannot be exchanged for cash.
Discount codes are not means of payment, but merely percentage discounts granted by the Seller.
The Customer activates the discount by adding the selected product from the list to the Cart and then entering the discount code in the field provided for this purpose. After entering the correct code and accepting it, the Customer is granted a discount calculated from the current retail price of the Product in accordance with the principles set out in these Regulations.
The discount code cannot be used after the expiry date.
The discount code cannot be used by an unauthorised person or by a person who obtained it fraudulently.
Products purchased under a promotion may be returned under the terms and conditions set out in the Online Store Regulations.
In the event of the return of Products purchased under a promotion, the Customer will receive a refund of the value of the Products shown on the bill/invoice.
All complaints regarding defects in goods or their returns when purchasing using a discount code will be considered under the general conditions specified in the Regulations.

§18
Product Reviews.

All Customer opinions on Products purchased in the Store are verified. The Store obtains opinions only from people who actually made a purchase.
The Store User may be given the option to add comments under various content available in the Store. To do this, the Store User must provide their designation and email address.
Submitting a comment by a Store user for posting in the Store by using the existing functionality of the Store is tantamount to the Store user expressing their consent to making such a comment available in the Store and granting the Seller a free license, unlimited in time or territory, to make such a comment available in the Store, covering all fields of exploitation necessary for such making available.
The Seller reserves the right to decide on the availability of comments from Shop users in the Store, the date of their availability and the period for which they will remain available in the Store. However, the Seller has no obligation to control and verify comments.
The Seller is entitled to make the Store User's comments available within the Store only without introducing any changes therein.
If the Seller receives official notification of the unlawful nature of a Store user's comment, it has the right to prevent access to this data.
If the Seller receives credible information about the unlawful nature of a comment from a Store user, he or she has the right to prevent access to this data, provided that the user who added the comment is immediately notified of the intention to prevent access to it.
It is prohibited to place in the Store or transmit through it any content that is contrary to applicable law and the principles of social coexistence, inciting racial, religious or ethnic hatred or promoting violence, inciting to commit a crime, as well as any vulgar, vulgar content, content that is generally considered morally reprehensible, socially inappropriate, violating personal rights, as well as unauthorized use of someone else's image, violating good customs and the rules of netiquette and any actions that would expose the Store to legal liability or could cause damage to it.

§19
Complaints regarding the provision of services by electronic means.

The Seller takes steps to ensure the fully correct functioning of the Online Store, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
In order to enable the performance of the obligations referred to in paragraph 1 above, please inform the Seller immediately of any irregularities or interruptions in the functioning of the Online Store service.
The Customer may report irregularities related to the operation of the Online Store in writing to the following address: eatyx Polska Sp. z oo, AL. 3 MAJA 9, 30-062 KRAKÓW, by e-mail to sklep@eatyx.com or using the Contact Form.
In the complaint, the Customer should provide his/her name and surname, correspondence address, type and date of the irregularity related to the operation of the Online Store.
The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered and the reasons for the delay.
The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Online Store caused in particular by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Online Store user.

§20
Extrajudicial methods of dealing with complaints and pursuing claims.

Detailed information on the possibility for a Customer who is a Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at 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
and http://www.uokik.gov.pl/wazne_adresy.php . In addition, the Customer may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .
The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:

The consumer is entitled to refer to a permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the contract concluded with the Seller;
The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller;
The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

§21
Personal data in the Store.

Detailed provisions regarding the protection of personal data are included in the Privacy Policy .
The recipients of the personal data of Customers of the Online Store may be:

suppliers responsible for operating IT systems used to provide services in the Store, marketing agencies (in the scope of marketing services), operators of mailing platforms (Meta, Google, INIS),
in the case of a Customer who uses the courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator,
in the case of a Customer who uses third-party payment methods in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store,
other entities – in accordance with the provisions of the Privacy Policy or in the event that the Client consents to the transfer of his/her personal data to other entities.

Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations necessary to conclude the Sales Agreement in the form chosen by the Customer results in the inability to conclude the Sales Agreement.

§22
Referral Program.

The referred friend will receive a 10% discount code for their first order.
The referrer will receive a 15% discount code to use on their order when the referred friend places their first order using their code.
For the referrer to be eligible to receive the reward, the referred friend must be a new customer, at least 18 years of age, and meet the reward eligibility requirements.
There are limits to the number and frequency of referrals that one person can make. If you managed to find your referral link on the Internet, you most likely will not be able to receive a discount.
You cannot combine multiple discounts in the form of a code to use them on one order - the rule is "one code per order". Codes used within the Program are single-use.
Referral offers may be combined with other offers and discounts.
All rewards will be voided if a refund is requested for the order for which they were awarded.

§23
Subscription orders at eatyx.com online store.

When placing an Order in the Store, the Customer may choose the subscription order option (hereinafter: "Subscription Order"). A subscription order consists in placing an Order in accordance with the provisions of the EATYX Online Store Regulations, which is renewed at a frequency selected by the Customer without the need for the Customer to submit additional declarations. This means that after placing a Subscription Order and confirming the acceptance of the Subscription Order by the Seller, the Seller sends the Customer the ordered Products regularly, e.g. every 1, 2, 3, 4 weeks or monthly (according to the Customer's choice from the delivery frequencies available for a given Product, indicated each time on the card of this Product) without the need to place a separate Order each time. The delivery frequency selected by the Customer may then be changed by the Customer - in the subscription management panel (to which the Customer will receive access by e-mail after placing and confirming the Subscription Order or by contacting the Seller via e-mail to the address sklep@eatyx.com).
The Subscription Order Agreement is concluded for an indefinite period (until the Customer cancels the Subscription Order). The Seller reserves the right to change the price of the Products covered by the Subscription Order - in such a case, the Seller will inform the Customer about the planned change in the price of the Products together with an indication of its new amount, as well as information about the possibility of canceling the Subscription Order (on the principles described in these Terms and Conditions of Subscription Orders). If the Customer does not cancel the Subscription Order, the new price of the Products will apply to recurring orders fulfilled by the Seller after 30 days from sending the notification of the new price to the Customer.
Subscription orders are available only to Customers who express their will to order selected Products periodically by purchasing products using the "Subscribe and save" option (this option is marked on the card of a given product), while simultaneously selecting the frequency of deliveries, under the terms and conditions set out in these Regulations.
For Subscription Orders it is not possible to use the discount code referred to in § 17 of the EATYX Online Store Regulations.
The Customer may manage Subscription Orders placed and confirmed by the Seller in the subscription management panel, including viewing Subscription Orders and their parameters.
The Customer may cancel the placed Subscription Order at any time (by using the "Cancel Subscription" button available for each Subscription Order displayed in the subscription management panel or by contacting the Seller via e-mail at sklep@eatyx.com). Cancellation does not affect the execution and obligation to pay for a recurring order under the Subscription Order if it is made less than 72 hours in advance before the planned execution date of such recurring order.
In the case of multiple Subscription Orders placed, Seller may (at its sole discretion) ship the Subscription Orders together if all Subscription Orders have been placed using the same payment details (including the same credit card), the same form and delivery details and the shipping date of such Subscription Orders falls on the same day.
By placing a Subscription Order, the Customer agrees to the operator periodically collecting payments from the payment card, the details of which will be provided by the Customer in the process of placing the Subscription Order, the price of the Products and the costs of their delivery, in accordance with the payment operator's regulations. The price of the Products within the Subscription Order, together with the costs of their delivery, will be collected by the payment operator no later than 48 hours before the date of the execution of the periodic order, in accordance with the shipping frequency selected when placing the Subscription Order.
The Seller will make every effort to ensure the constant availability of Products covered by Subscription Orders. However, if any of the Products under the Subscription Order are not available on the shipping date of a given Subscription Order, the order for this Product may be canceled and the amount for the Subscription Order, charged in a given billing period, will be reduced by the value of the undelivered Product. The Customer may also be contacted by a representative of the Seller to propose changes to the Subscription Order (replace the missing Product with another one at the same price).
In the event that any of the Products in a Subscription Order are no longer available after payment for the Subscription Order has been collected during the applicable billing period, the funds collected will be refunded to the Customer for the undelivered Products using the same payment method that was used to pay for the order.
The first delivery of Products under the Subscription Order will be made on the date consistent with the order fulfillment date based on the EATYX Online Store Regulations. Subsequent deliveries of Products will be sent in accordance with the frequency selected by the Customer, after the funds for a given settlement period of the Subscription Order have been posted to the Seller's account.
If payment for the next billing period under the Subscription Order is not successfully collected, the Subscription Order will be automatically frozen. In such a case, the Subscription Order will be accepted for fulfillment only after the payment for it has been successfully made.
The Seller reserves the right to refuse to accept a Subscription Order for execution in accordance with the provisions of the EATYX Online Store Regulations, in particular if the placed Subscription Order is inconsistent with these Regulations (especially in the case of applying a discount code to the Subscription Order) and in a situation where the Subscription Order contains errors or omissions that prevent its execution in accordance with the Regulations.
In matters not regulated in these Regulations, including in particular any amendments to these Regulations, the Regulations of the EATYX Online Store and generally applicable provisions of law shall apply.

§24
Final provisions.

Agreements concluded through the Online Store are concluded in Polish. Unless mandatory provisions of law provide otherwise, the law applicable to the resolution of any disputes arising from these Regulations is Polish law.
The Seller reserves the right to make changes to the Regulations for important reasons, which may include, in particular, changes in legal regulations or changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of the Regulations. The Seller will inform the Customer of each change at least 7 days in advance by means of an e-mail sent to the Customer's address provided when creating an Account, placing an Order or signing up for the Newsletter, containing the attached new content of the Regulations. The Customer is entitled to resign from using the services offered by the Seller as a result of changes to the Regulations by submitting an explicit declaration of such resign to the Seller. In such a case, the Seller is obliged to delete the Account of the Customer who has made such a declaration. If the Customer does not submit a declaration of resigning from using the Seller's services within 14 days of receiving the e-mail containing information about the change to the Regulations, it is assumed that he accepts such changes.
All rights to the content posted in the Store are reserved for the Seller. All intellectual property rights to all and any part of the Store, including the content, materials and information contained therein, in particular texts, navigation solutions, selection and arrangement of presented content, verbal and graphic logos, interactive applications, audiovisual materials, compilations of materials, photos, surveys, forms, patterns and studies are subject to legal protection. Modification, copying, distribution, transfer, display, transmission, reprinting, sublicensing, creation of collective works from the materials referred to above, as well as returning and selling these materials is not permitted, unless on the basis of express consent granted by the Seller.
In the event of a violation of the Regulations by a user registered in the Store, the Seller is entitled, at its discretion, to terminate with immediate effect the agreement regarding the maintenance of the Account or to suspend the provision of such services for a period of its choosing. The Seller will inform the user registered in the Store about the termination or suspension by means of an e-mail sent to the address provided during registration.
The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused in particular by force majeure, unauthorized actions of third parties or incompatibility of the Store with the user's technical infrastructure.
The Regulations enter into force on 23 June 2025.
In matters not regulated in the Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the provision of services by electronic means, the Act on consumer rights.

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