Terms and Conditions

§ 1 DEFINITIONS

Seller - Lycopene Health spółka z ograniczoną odpowiedzialnością with its registered office at ul. Prosta 32, 00-838 Warsaw, entered into the National Court Register – Register of Entrepreneurs by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000884525, Tax Identification Number (NIP) 7011012252, Statistical Identification Number (REGON) 38777939000000;
Product - ready-made, 15-bottle set of LycopenPRO lycopene drinks offered for sale in the Store from the group of neutraceuticals, meeting the body’s demand for natural, fully-absorbable lycopene.
Products available in the Store include:

1. LycopenPRO Original set,
2. LycopenPRO Smooth set,
3. LycopenPRO Sharp set,
4. LycopenPRO MIX set.

NOTE: Due to the specific nature of the Products offered in the Store (ready-made lycopene drink sets intended to be consumed over the next 15 days), for health protection and hygiene reasons, all the Products offered in the Store are supplied in sealed packaging which cannot be returned once the packaging has been opened, if the packaging has been opened after delivery.
Buyer - any entity making a purchase from the Store, including a Consumer;
Consumer - a natural person concluding a contract of sale of the Products with the Seller through the Store which is not directly connected with his/her economic or professional activity;
Terms of Use – these terms of use;
Store - online store operated by the Seller at https://www.lycopenpro.com/
Account - free-of-charge Store function (service provided electronically), governed by separate terms and conditions, through which the Buyer may set up his/her individual Account in the Store;

§ 2 CONTACTING THE SELLER

1. Postal address: ul. Prosta 32, 00-838 Warsaw
2. E-mail: contact@lycopenehealth.pl
3. Telephone: +48 22 230 2165
4. website: www.lycopenpro.com

§ 3 TECHNICAL REQUIREMENTS

1. In order to use the Store properly you need:
   • a device with access to the Internet
   • Internet browser supporting JavaScript and cookies.
2. To place an order in the Store, apart from the requirements specified in item 1, an active e-mail account is necessary.
3. Placing an order including a one-time sale of a Product does not require the Buyer to register an account (panel) in the Store. Placing an order as part of a subscription requires the Buyer to create an account (panel) in the Store.

§ 4 MAKING A PURCHASE IN THE STORE

I. General principles

1. The prices of the Products shown in the Store are the total prices for the Product, including VAT. If, when placing an order, the Buyer gives (marks) the consent to receive newsletters and other promotional materials and consent for telephone contacts from the Seller regarding promotion of the Products, he/she will receive a discount of 2% of the value of the order placed.
2. The total order value consists of: the price of the ordered Products and the delivery costs of the ordered Products, as indicated in the Store.
3. The Product chosen by the Buyer should be added to the basket in the Store, and then the method of delivery of the Products and the method of payment for the order should be selected, as well as the Buyer’s data necessary to complete the order should be provided.
4. The order is placed at the moment of confirming its content and accepting the Terms of Use by the Buyer. By placing an order the Buyer confirms that he/she has read and accepts the Terms of Use and confirms his/her obligation to pay the amount of the order value.

II. Standard Sale Option:

5. Placing an order is equivalent to concluding a sale contract between the Buyer and the Seller, and from that moment the Buyer is bound by the provisions of the Terms of Use and is obliged to comply with them. Once an order has been placed, it no longer can be modified, cancelled or abandoned.
6. The Seller shall provide the Consumer with a confirmation of the conclusion of the sale contract on a durable medium at the latest upon the Products delivery.
7. The delivery of the Product(s) covered by the order placed shall take place at the address indicated by the Buyer immediately after the Seller’s bank account has been credited with the amount covering the value of the order.

III. Subscription Sale Option:

8. By selecting the subscription option, the parties conclude a contract under which the Seller is required to supply the Product(s) at regular intervals to the address indicated by Buyer for the period until the end of subscription, and the Buyer agrees to make permanent, regular payments to pay for these Products by placing with the bank keeping the Buyer’s bank account a standing order to make payments to the Seller for the term of the subscription, i.e. until the end of subscription.
9. Deliveries of the Product(s) during the subscription period shall be made once or twice a month of such subscription, at fixed intervals from the first and each subsequent delivery; provided, however, that each subsequent delivery shall be subject to confirmation of crediting the Seller’s bank account with the amount due for the Product(s) included in such a delivery.
10. With each subsequent delivery, the Seller shall provide the Consumer with a confirmation of sale of the Product(s) included in the delivery on a durable medium at the latest at the time of the Product(s) delivery.
11. The termination of the subscription period shall be effected by the Buyer giving one month’s notice of termination of the OPEN subscription counting from the last day of the month in which the notice of termination is given. A notice of subscription termination shall be included:
    1. in writing and sent by registered mail to the address of the Seller’s registered office - in this case the date of submission of the notice of termination shall be the date of posting of the registered mail containing the notice of termination, or
    2. in the form of an e-mail message sent to the Seller’s email address (the date of submission of the notice of termination shall be the date of sending the e-mail message); provided, however, that the effectiveness of the use of this solution is conditional on the provision of the Buyer’s phone number in the e-mail message, where the Seller will be able – during the notice period – to contact the Buyer in order to confirm the authenticity of the submitted declaration included in the e-mail message and to confirm that the Buyer cancels his OPEN subscription,
12. During the subscription notice period (until the expiry of the notice period), all rights and obligations of the Seller and the Buyer shall remain valid and binding, in particular during this period the Seller shall carry out deliveries of the Product(s) and the Buyer shall be obliged to make payments for such deliveries.

§ 5 PAYMENTS

1. The amount covering the value of the order placed must be paid:

a) by transfer to the Seller’s bank account made no later than within 14 days from the moment of placing the order (crediting the Seller’s bank account with the amount constituting the value of the order is a condition for the Seller to start the order processing), or
b) in cash at the time of delivery of the ordered Products (cash on delivery paid to the courier carrying out the delivery) if such method of payment was indicated by the Buyer when placing the order in the Store.
2. The Buyer accepts that the Seller issues electronic invoices. The Buyer has the right to withdraw his/her acceptance.
3. In the case of subscription contracts, payments for Product(s) deliveries shall only be made by giving instructions to the bank keeping the Buyer’s bank account to make regular payments to the Seller for the duration of the subscription period, i.e. until the Buyer terminates the OPEN subscription period.

§ 6 ORDER PERFORMANCE

1. If the Buyer has chosen to pay the order value by bank transfer, the Seller will proceed to perform the order after the transfer is credited to the Seller's bank account.
2. Products are delivered exclusively in the territory of Poland.
3. Deliveries of the ordered Products are carried out by DPD and InPost courier companies.
4. The Products are delivered within 48 hours of the order being placed by the Buyer and making a payment covering the full value of your order.
5. In special cases, the delivery time may be extended to a maximum of 5 days.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

1. The Consumer has the right to withdraw from the contract concluded with the Seller via the Store within 14 days, without giving any reason. However, the right to withdraw from the sales contract shall not apply in the case when the packaging of a factory sealed Product has been opened after the delivery of the Product to the Buyer, because due to the nature of the Products offered in the Store, health protection requirements and hygienic considerations cause that opening the packaging makes the product unfit for use by other persons.
2. The withdrawal period expires after 14 days:
   1. from the day on which the Product was delivered to the Consumer at the address indicated by the Consumer,
   2. in the case of delivery carried out under a sale on a subscription basis, from the date on which the first Product is delivered to the Consumer at the address indicated by the Consumer.
3. The right to withdraw from the contract is exercised by the Consumer’s written declaration addressed to the Seller - using the data specified in § 2 of the Terms of Use - on the withdrawal from the contract. A declaration of withdrawal shall be included:
   1. in writing and sent by registered mail to the address of the Seller’s registered office - the deadline for withdrawal from the contract shall be deemed to have been kept if the registered mail containing the declaration of withdrawal from the contract is posted before the expiry of the deadline for withdrawal from the contract, or
   2. in the form of an e-mail message sent to the Seller’s e-mail address (the deadline for withdrawal from the contract shall be deemed to have been kept if the message is sent before the expiry of the deadline for withdrawal); provided, however, that the effectiveness of the use of this solution is conditional on the provision of the Buyer’s phone number in the e-mail message, where the Seller will be able – within the next 14 days – to contact the Buyer in order to confirm the authenticity of the submitted declaration included in the e-mail message and to confirm that the Buyer has withdrawn from the Product purchase (after verification and confirmation of the withdrawal, the Seller will send to the Consumer a confirmation of receipt of the declaration of withdrawal), or
4. In the case of withdrawal from a concluded contract, the Consumer shall bear all direct costs of returning the Product(s) to the Seller. When exercising the right to withdraw from the contract the Consumer is obliged to send back all the Products sent to him by the Seller in a completely intact state.
5. In the case of withdrawal from the concluded contract the Seller shall return to the Consumer all payments received from him/her, including the costs of delivery of Products, immediately, but not later than 14 days from the day on which the Seller was informed about the exercising by the Consumer of his/her right of withdrawal. However, the Seller shall withhold the return of payments until it has received the Product(s) returned by the Consumer in a fully intact state or until it has been provided with proof of return in a fully intact state, whichever event occurs first.
6. After the return of the Products by the Buyer, the Seller shall return the payment to the bank account indicated by the Buyer in the declaration of withdrawal from the contract, and in the absence of such number in the declaration of withdrawal to the bank account from which the payment for the order was previously made.
7. Returned Product(s) should be returned in a completely intact state to the following address: OEX E-Business, Łubińska 14, 05-532 Łubna immediately, but not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline shall be deemed to have been kept if the Customer sends the Product(s) back before the 14-day period has expired.

§ 8 COMPLAINTS

1. The Seller is obliged to deliver defect-free Products to the Buyer.
2. In the case of a defect in the Product, the Buyer has the possibility to make a complaint about the defective Product on the basis of the legal regulations in force in Poland.
3. If it turns out that in order to consider the complaint it is necessary to deliver the Product to the Seller, the Buyer is obliged to deliver the Product, in the case of a Consumer at the expense of the Seller, to the following address: OEX E-Business, Łubińska 14, 05-532 Łubna.
4. Complaints concerning Products purchased in the Store should be addressed to the Seller’s registered address.
5. The complaint will be considered by the Seller no later than within 30 days.

§ 9 PERSONAL DATA

1. The administrator of personal data provided by the Buyer while using the Shop is the Seller.
2. The Buyer’s personal data is processed on the basis of the contract and for the purpose of its execution, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information on data processing by the Seller is contained in the privacy policy posted in the Store.

§ 10 RESERVATIONS

1. Each order placed in the Store constitutes a separate contract of sale and requires a separate acceptance of the Terms of Use. The contract is concluded for the period and for the purpose of order performance.
2. Nothing in these Terms of Use shall exclude or limit the rights of the Consumer under the law to any extent.
3. Any opinions, assessments or comments posted on the Store's website must not, by their content, violate the applicable laws or result in a breach of the principles arising from the competition and consumer protection laws and the laws on combatting unfair competition. The Seller shall remain entitled to remove any opinions, assessments or comments that violate the rules and principles set out in the previous sentence, or to remove parts thereof, including only content that violates the above rules and principles.

§ 11 PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS

1. Any liability of the Seller towards the Buyer who is not a Consumer is limited to the amount of the value of the order placed by the Buyer.
2. The Seller’s liability under warranty towards the Buyer who is not a Consumer shall expire one year after the Product was handed over to the Buyer.

MODEL NOTICE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT

1. You have the right to withdraw from the contract concluded with the Seller via the Store within 14 days without giving any reason.
2. The withdrawal period shall expire 14 days after the day on which the first Product(s) have been delivered to you.
3. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal declaration sent to the Seller’s address by registered mail or sent by e-mail to our e-mail address (in the manner specified in the Terms of Use).
4. You may use the attached model withdrawal form, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for you to send the notice concerning your exercise of the right to withdraw from the contract before the withdrawal period has expired.
6. In the event of withdrawal from this contract, once you have (entirely at your expense including the direct costs of returning the Products) returned the Products previously received from us, we shall return to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 days from the day on which we have been informed of your decision to exercise your right to withdraw from this contract. We will refund the payment to the bank account specified by you; in any case, you will not incur any charges in connection with this refund.

Form of withdrawal from the contract