1. Definitions
Operator (Administrator) – X-peptides sp. z o. o.
al. Solidarności 68 / 121, 00-240 Warsaw, Poland, TIN: 5252989763
User / Service Recipient – an entity using the Service, for whom electronic services may be provided in accordance with these Terms and applicable law, or with whom a contract for the provision of electronic services may be concluded, as well as an entity for whom an Account in the Sender Panel has been created.
Consumer – a User who is a natural person placing an order for Services or purchasing a product through the Service.
Service (Website) – the Online Service available at x-peptides.com, together with all its functionalities, operated by the Operator, through which Users may order Services or purchase promoted products by completing, among others, the order form and entering a promotional code.
Account – access to the functionalities of the Service granted to the Service Recipient after completing the registration process, which requires providing a unique username (login) and password. Receiving confirmation from the Operator that the Account has been created is equivalent to entering into a contract for the provision of electronic services under the terms set out in these Terms and Conditions. Within the Account, the User is provided with server space where Personal Data may be entered and managed.
Vendor Panel – the IT system made available to the Service Recipient after creating an Account, which, upon logging in using the assigned login and password, enables the use of the Services, as well as allows the User to manage their Personal Data, order Services, promote and review products, and use other functionalities available within the Service.
Service – the sale of products and the provision of electronic services by the Operator of the website x-peptides.com under these Terms and Conditions, enabling the Service Recipient to, through the Service, place orders with Vendors for the transport and delivery of Shipments to or from the Pickup Point by a Carrier, as well as the performance of additional services provided in accordance with the Carrier’s Terms and Conditions (within its business operations).
Order – a correctly and fully completed order form, including a discount code if applicable, submitted by the Service Recipient via the Service for the shipment of a product or service, transport, and delivery of the Shipment, resulting in the generation of a Shipping Label for the execution of the Service.
Bill of Lading – legally binding document completed by the Sender for the benefit of the Service Recipient, serving as proof of concluding a contract for the provision of the Service or the purchase of a product. It is attached to each Shipment and contains the information required by the Carrier regarding the Shipment, its destination, and the Recipient.
Carrier (Courier) – an entrepreneur providing transport services as part of its business activity, to whom an order may be placed for the collection, transport, and delivery of a Shipment under the services concluded in the Service between the Sender and the Recipient, either without cash collection or with “cash on delivery,” as well as a person providing courier services on behalf of that company under a relevant agreement. Through the Service, the Sender may place an order with the following Carriers:
- DHL Express (Poland) Sp. z o.o., ul. Osmańska 2, 02-823 Warszawa, KRS 0000047237, REGON 012005407, NIP 5270022391 – website: dhlparcel.pl
- DPD Polska sp. z o.o., ul. Mineralna 15, 02-274 Warszawa, KRS 0000028368, REGON 012026421, NIP 5260204110 – website: dpd.com.pl
- InPost Express sp. z o.o., ul. Malborska 130, 30-624 Kraków, KRS 0000543759, REGON 360781085, NIP 6793108059 – website: inpost.pl
- InPost Paczkomaty Sp. z o.o., ul. Malborska 130, 30-624 Kraków, KRS 0000255841, REGON 120246484, NIP 6792895061 – website: paczkomaty.pl
- FedEx Express Polska Sp. z o.o., ul. Krucza 16/22, 00-526 Warszawa, KRS 0000037973, REGON 010612250, NIP 5261005306 – website: fedex.com/pl
- Federal Express Poland Sp. z o.o., ul. Wirażowa 35, 02-158 Warszawa, KRS 0000208035, REGON 015747517, NIP 5252300218 – website: fedex.com/pl
- UPS Polska Sp. z o.o., ul. Prądzyńskiego 1/3, 01-222 Warszawa, KRS 0000036680, REGON 010771280, NIP 5221004200 – website: ups.com/content/pl
- Poczta Polska S.A., ul. Rodziny Hiszpańskich 8, 00-940 Warszawa, KRS 0000334972, NIP 5250007313 – website: poczta-polska.pl
- General Logistics Systems Poland Sp. z o.o., ul. Tęczowa 10, 62-052 Komorniki/Głuchowo, KRS 0000005009, NIP 7851561831 – website: gls-group.eu/PL
- Royal Mail plc, 185 Farringdon Road, EC1A 1AA London, registration no. 8680755 – website: royalmail.com/terms-and-conditions
Shipment – an item or items properly packaged by the Sender and registered in the Service, marked with a Bill of Lading containing the Recipient’s details and address, intended for collection by the Carrier and delivery to the Recipient. A Shipment may consist of correspondence or a postal parcel within the meaning of postal law. It is accepted, sorted, transported, and delivered in accordance with these Terms and the Carrier’s Terms. The permissible dimensions and weight are specified in the Price List.
Carrier’s Terms and Conditions – regulations of the Carrier governing services ordered via the Service. The current terms specifying the rules and conditions of service provision are available on the Carrier’s respective websites listed above.
Recipient – a natural person, legal person, or organisational unit without legal personality but possessing legal capacity under applicable law, to whom the Shipment is addressed by the Service Recipient in connection with the ordered Service, authorised by the Service Recipient and entitled to receive the Shipment delivered by the Carrier as part of the Service.
Sender – a natural person, legal person, or organisational unit without legal personality that possesses products, knowledge, and experience related to the products promoted on the Operator’s website, is capable of fulfilling an Order, and has legal capacity under applicable law. The Sender is the entity to whom an Order is addressed in connection with the User’s purchase of a Service or product, authorised by the User and entitled to fulfil the Order and hand over the Shipment to the Carrier as part of the Service provided.
Account Database – a collection of Personal Data and other information assigned to a specific Account, submitted to the Website by Users, which—with the Users’ consent—is collected and processed in an organised manner within the IT system as part of the Services provided by the Operator.
Personal Data – information collected through the registration form available at x-peptides.com relating to an identified or identifiable natural person, processed by the Controller for the proper provision of Services and for other purposes defined in these Terms and Conditions.
Cash on Delivery (COD) – an additional service requiring the Recipient to pay for the Shipment before collection; the payment is then transferred to the bank account specified by the User.
Wallet – a service offered to the User allowing the User to make a prepayment and store funds in the Wallet Account for later use within the Website.
Wallet Account – an account assigned to a specific User containing funds available for use within the Website.
Promotional Code – an alphanumeric code provided as part of the service, assigned to a specific Sender for the purpose of fulfilling an Order. Promotional codes are made available by Senders to Service Recipients based on their knowledge and expertise. Where a service is provided without physical products, a service package is delivered after payment. When a service includes the purchase of products, the Sender ships the product in accordance with the promotion displayed on the Website and the promotional codes assigned within the Website. The Website is not a party to the transaction between the Sender providing the promotional codes and the Recipient.v
Payment Gateway – a secure online payment platform operated by an electronic payment service provider, governed by its own separate terms and conditions.
Price List – the list of additional service fees dedicated to recipients and senders.
GDPR – the General Data Protection Regulation, i.e., 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, repealing Directive 95/46/EC.
Provision of Services by Electronic Means – the performance of a service without the simultaneous physical presence of the parties (remotely), through the transmission of data at the individual request of the User, sent and received using electronic data processing devices, including digital compression and data storage, where the service is fully transmitted, received, or broadcast via a telecommunications network as defined in the Telecommunications Act of 16 July 2004.
Postal Law – the Act of 12 June 2012 – Postal Law (Journal of Laws 2012, item 1529).
Transport Law – the Act of 15 November 1984 – Transport Law (consolidated text: Journal of Laws 2012, item 1173, as amended).
Drop-off and Collection Point – a location operated by postal operators cooperating with the Website Operator, within the meaning of the Postal Law, where an authorised person receives or hands over a Shipment from the Sender for the purpose of providing the shipping service. The tasks and functions of the Carrier apply accordingly to the Drop-off and Collection Point from the moment the Shipment is accepted from the Sender/Carrier until it is handed over to the Recipient/Carrier.
2. Preliminary Provisions
- Pursuant to Article 8(1)(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204), X-peptides sp. z o. o., with its registered office at: al. Solidarności 68 / 121, 00-240 Warsaw, Poland, e-mail address: kontakt@x-peptides.com, hereby establishes these Terms and Conditions for the provision of electronic services.
- These Terms and Conditions define the rules and conditions for the services provided through the Website x-peptides.com, operated and administered by the Operator.
- X-peptides sp. z o. o. through the Website and within the scope of its business activity, provides services related to making offers available to Senders and executing them through the Website, enabling Users to place electronic orders, arrange the transportation and delivery of offers together with Shipments by the Carrier within its business activity, and in accordance with these Terms and Conditions as well as the terms and conditions of the Sender and Carrier selected by the User. The Website also enables payments for Services, order tracking, and the provision of information stored within the Website at the User’s individual request.
- The Website x-peptides.com may be used by natural persons, legal persons, or organisational units without legal personality that have legal capacity under applicable law.
- Logging into a User Account on x-peptides.com, or placing an order for a service or promoted product from Senders, requires the User to first read and accept these Terms and Conditions, available on the Website x-peptides.com. By accepting these Terms and Conditions, the User agrees to all provisions contained herein and undertakes to comply with them.
- The Operator provides Services to the Sender and the Recipient to the extent and under the conditions specified in these Terms and Conditions.
- The User agrees to the transfer of Personal Data, including to the Sender and the Carrier, for the purpose of executing the transport service.
- The User consents to the processing of their Personal Data by the Operator as the Data Controller (hereinafter: the “Controller”), provided during the Account registration process and when using the Website. Providing Personal Data is voluntary; however, refusal to consent to its processing may prevent the provision of electronic services and the placement of orders on the Website.
- The Controller processes the User’s Personal Data to the extent necessary to establish, define, amend or terminate the legal relationship, to properly provide electronic Services, to settle payments with the User, for the marketing of its own services upon additional consent, and for other legally permissible and justified purposes.
- The User declares that the Personal Data provided is true and relates to the User. The Controller has the right to condition the provision of Services on prior verification of the accuracy of the Personal Data. In case of doubts, the Controller may refuse to provide services available on the Website, may block the Account until the matter is clarified, or may delete the Account.
- Users entrusting the Controller with Personal Data are obliged to process such data in accordance with applicable legal provisions (including the Personal Data Protection Act of 29 August 1997 and the GDPR), and to maintain appropriate technical and organisational safeguards required by Polish law. They are also required to obtain the consent of individuals from whom they collect Personal Data for the purpose of entrusting such data for processing and to provide those individuals with the information contained in these Terms and Conditions, including the method, purpose, scope and period of data processing by the Operator, the rights of data subjects, and the categories of entities to whom the Operator transfers data. This also applies when the User uses the address book available after logging into their Account on the Website.
- The Carriers’ Terms and Conditions constitute an integral part of the legal regulations governing the Service and are binding upon the User.
3. Registration, Access, and Maintenance of the Account
- Rejestracja w Serwisie i utworzenie Konta jest bezpłatne.
- In order to fully use the services of the Website, the User may create an Account. To do so, the User must complete the form available at x-peptides.com, including specifying a unique username (login) and password, and accepting the Terms and Conditions.
- The creation of an Account shall be confirmed by the Operator. Receiving such confirmation constitutes the conclusion of an agreement for the provision of electronic services under the terms specified in these Terms and Conditions.
- The Operator may require verification of the data provided during Account creation as a condition for creating the Account or enabling certain functionalities.
- The Operator may refuse to create an Account if the data provided during registration appears to be false or misleading.
- The User is obligated to promptly update their data provided in connection with the creation of the Account and when using the Sender or User Panel.
- Each login to the Sender Panel constitutes acceptance of the Terms and Conditions, the Carrier’s Terms and Conditions, and the Price List.
- The User agrees to keep their unique login and password confidential and not disclose them to third parties. If the User suspects that a third party may have gained access to the login and password, they must immediately change the password and notify the Operator.
- Any Service or purchase confirmation requested through the Sender Panel after logging in with the unique login and password shall be deemed to have been placed by the User.
- User registration may be completed during the process of placing an order on the Website.
- The User may not evade any liability towards the Operator, including payment for any ordered Service.
- All documents necessary for the proper execution of the Service for the Sender are generated and made available to the User electronically through the Sender Panel.
- The User may cancel their Account at any time. Such cancellation is equivalent to terminating the agreement for the provision of electronic services.
- Most services or products on the Website may also be ordered without registration. However, placing an order requires the User to read and accept the Terms and Conditions, the service terms, and the terms and price lists of the Carrier selected by the User. By accepting the terms, service conditions, and Carrier’s price list, the User agrees to all provisions contained therein and undertakes to comply with them, which constitutes entering into an agreement for the provision of electronic services under the terms specified in these Terms and Conditions.
- The User agrees to comply with these Terms and Conditions. In the event of a violation of any of its provisions, the Operator has the right to temporarily block the User’s Account or suspend access to the Website’s functionalities.
4. Ordering a Service or Product and Its Fulfilment
- Orders are accepted through the Service 24 hours a day, 7 days a week. Orders placed by the User are carried out within the timeframes indicated by the relevant Sender and Carrier, in accordance with their regulations. The delivery times displayed in the Service are indicative only and not guaranteed.
- By clicking the “Order” or “Buy” button, the User places an order for the selected Service or product.
- Placing an order is equivalent to the User’s acceptance of this Terms and Conditions document as well as the regulations of the Carrier providing the delivery service.
- To order a Service or product, the User must complete the shipping form provided in the Service or after logging in, entering all required data, selecting the Carrier, and submitting the order to the Operator. The User also confirms that the Shipment will be handed over to the Carrier at the location indicated in the Order.
- The User is obligated to complete the form accurately and truthfully.
- Submitting an order to the Operator constitutes acceptance of the Terms and Conditions, the price list, the Carrier’s regulations, and the product offered by the Sender.
- The User agrees to pay the Operator the full amount charged by the Sender, including any additional fees for the ordered Service or product, in accordance with the Standard or Individual Price List, depending on the selection.
- The User or Sender is responsible for any incorrect preparation of the Order, including errors in the generated Shipping Label.
- The Sender bears full responsibility for violations of the Carrier’s regulations regarding parcel dimensions and weight, proper packaging and securing of the Shipment, including any damages or additional fees charged by the Carrier as a result.
- All documents necessary for the correct fulfilment of the order are generated and made available to the User electronically (for registered Users) and via email.
- Depending on the Carrier selected, the Shipping Label or Carrier Documentation generated by the Service must be printed and attached to the Shipment provided to the Carrier.
- The Carrier (courier) may contact the User by phone, SMS, or email with the User’s consent, and may contact the Recipient as specified in §2 point 11, using the phone number or email provided, to improve delivery efficiency. Personal data is provided to the Carrier for the purpose of enabling communication between the Carrier, User, and Recipient.
- The Sender shall notify the Recipient of the planned Shipment and of any need to provide tools, equipment, or persons necessary to unload the Shipment, if applicable.
- The Sender shall inform the Recipient that, in the event of loss or damage to the delivered Shipment, the Recipient is required to immediately prepare a damage report in the presence of the Carrier’s representative. The report must be signed by both the Carrier’s representative and the Recipient.
- The User may track the current status of the Shipment via x-peptides.com by entering the Shipment number.
- Service fulfilment is carried out within the timeframe and according to the principles set out in the regulations or general terms of service of the Carrier selected by the User.
- If the Sender does not hand over the Shipment to the Carrier, the Operator—upon explicit request of the User—may arrange another pickup attempt. Any related fees charged by the Carrier shall be covered by the Sender.
- Shipments not collected by the Recipient within the designated timeframe will be returned to the Sender at the Sender’s cost, using the Carrier, in accordance with the Service Price List.
- If the Recipient refuses to pay the cash-on-delivery amount, the Shipment will not be handed over to the Recipient. The Operator retains the right to remuneration as if the Shipment had been successfully delivered.
- Cash-on-delivery payments are collected in cash or by payment card, if such service is offered by the Carrier.
- The Operator exercises the highest level of due diligence to ensure proper functioning of the Service and fulfilment of orders submitted through it; however, accepting an order in the Service does not guarantee its fulfilment. If fulfilment is not possible due to unavailability of services or products from Senders or unserviceable locations for the selected Carrier, the Operator may cancel the order after informing the User. In such a case, the User will receive a refund for the unfulfilled service.
- Users may cancel orders for which no attempt of fulfilment by the Sender has yet been made by sending a notice to: kontakt@x-peptides.com. In case of cancellation, no fee is charged. If the order was prepaid, the amount will be refunded to the User.
- The User who is a Consumer will receive, at the beginning of the ordering process, clear and legible information regarding any limitations applicable to the ordered Service or product and accepted payment methods.
- Directly before placing an order, the Operator will provide the Consumer with information regarding:
- the main characteristics of the service, including the subject of the service and communication method with the Consumer;
- the Operator’s identifying details, including business name, registration authority, and registration number;
- the business address, email address, and telephone or fax numbers (if available), enabling quick and effective communication with the Operator;
- the address for submitting complaints, if different from the above;
- the total price or remuneration for the service including taxes, or—if not determinable in advance—how they will be calculated, along with transport, delivery, postal, and other additional charges, or notification of the obligation to pay such charges if their amount cannot be determined;
- any costs associated with the use of a remote communication tool, if higher than standard rates;
- the manner and deadline for payment;
- the manner and deadline for the Operator’s performance and the complaint-handling procedure;
- the procedure and deadline for exercising the right of withdrawal, including the model withdrawal form;
- the costs of returning goods in the event of withdrawal, borne by the Consumer, including cases where the goods cannot be returned by ordinary post;
- the obligation of the Consumer to cover justified costs incurred by the Operator if the Consumer withdraws from the contract after requesting early performance of the Service before the withdrawal period expires;
- the lack or loss of the right of withdrawal, if applicable;
- the duration of the contract or the conditions for termination, if the contract is of indefinite duration or automatically renews;
- the minimum duration of the Consumer’s obligations under the contract;
- the possibility of using alternative dispute resolution methods and access to these procedures;
- the identifying details of the Carrier, including business name, registration authority, address, email, telephone or fax numbers (if available), and the address for submitting complaints to the Carrier, if different.
25. After placing an order, the Operator shall provide the Consumer with confirmation of the contract for the ordered Service or product purchased from the Sender, delivered on a durable medium in the form of a PDF file sent by email, to which the Consumer agrees.
26. Performance of the Service before the expiry of the withdrawal period referred to in §11 point 2 shall only occur at the explicit request of the Consumer, which may be submitted in the order form.
27. A Consumer acknowledges that selecting performance of the Service before the 14-day withdrawal period expires results in the loss of the right to withdraw after the Service has been performed.
28. The maximum order fulfilment time is 7 days from the moment the order is placed and paid for, or placed with cash-on-delivery selected.
29. Orders are fulfilled only within the territory of Poland. No international shipping is available.
5. Payments and Settlements
- The Operator shall charge fees for all Services ordered, in accordance with the Price List applicable at the time the order is placed.
- All prices displayed on the website or in marketing materials constitute an invitation to negotiate only, in accordance with Article 71 of the Civil Code.
- The only Price List binding for the User is the Price List available in the x-peptides.com Service for logged-in Users, as well as the price list applicable at the moment of order registration
- The Operator reserves the right to change prices without providing a reason, introduce new or remove existing Services or products, and initiate or cancel promotional campaigns.
- The User is obligated to make timely payment of all fees related to ordering Services or products, charged in accordance with the Price List and the Terms and Conditions, including any additional charges.
- The User agrees to receive invoices in electronic form, in accordance with §3 of the Regulation of the Minister of Finance of 17 December 2010 on the transmission of invoices in electronic form, the rules for their storage, and the procedure for making them available to tax authorities (Journal of Laws No. 249, item 1661).
- The Operator declares that it is registered as a VAT-exempt entity.
- The User accepts that, if the Shipment is not collected by the Recipient, the Operator will charge a return fee in accordance with the Price List. The User agrees to pay any outstanding balance upon the Operator’s request.
- If the User provides incorrect data that prevents delivery of the Shipment to the Drop-off / Collection Point or the Recipient, the order will still be accepted, but the User will be charged additional return costs in accordance with the Price List.
- If a User orders a Service involving items whose transport is prohibited by applicable law or included on the Carrier’s prohibited items list, the Carrier has the right to refuse collection of the Shipment from the Sender on behalf of the User.
- The Operator will issue VAT-exempt invoices (VAT ZW) to the User in accordance with applicable legal provisions.
- In the case of cash-on-delivery Shipments, the Sender authorizes the Operator to collect the COD amount from the Recipient on the Sender’s behalf and transfer it to the Sender. Funds collected by the Operator are transferred to the Sender according to individually agreed deadlines.
- Payment for Services is made in advance via a secure online payment platform (Payment Gateway), operated by the designated payment service provider, in accordance with its separate regulations.
- Payment for Services may also be made on the basis of a separate Agreement between the Operator and the User.
- The User may prepay for Services by depositing funds in the “Wallet” section. The Wallet balance is updated immediately after the Operator records the payment. Refunds of unused Wallet funds are issued upon the User’s request or after termination of the Agreement and deletion of the Account by the Operator.
- Any refunds of paid amounts are issued on the basis of a correction to the previously issued sales document and processed using the same payment method originally used by the User, unless otherwise agreed by the parties.
- If the User fails to pay additional charges described in points 8, 9, and 10 of this paragraph, the Operator has the right to deduct these charges directly from the User’s Wallet balance.
- If payment is not made within the specified deadline, the Operator will initiate collection procedures: after 21 days from the payment due date, a first payment reminder will be sent; if the User does not pay within the next 14 days, the Operator will send a second reminder. The cost of a reminder for a Consumer User is 8.13 PLN net (10 PLN gross); the cost of a reminder for a User who is not a Consumer is 24.39 PLN net (30 PLN gross).
- If reminders remain ineffective, the Operator may assign the claim to an external debt collection agency or pursue legal action. A User who fails to make payment will be charged statutory late payment interest as well as fees associated with collection activities undertaken by the Operator or the debt collection agency, including the costs of payment reminders as described in point 18.
- A User who is an entrepreneur shall additionally be charged, without prior notice, a compensation fee for recovery costs in the amount of EUR 40, converted into PLN at the average exchange rate of the euro published 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 Deadlines in Commercial Transactions.
6. Liability
- The Operator shall be liable, unless mandatory provisions of law provide otherwise, only for the normal consequences of an act or omission from which the damage resulted.
- Forwarding an Order to the Sender and the Carrier does not guarantee its acceptance for execution. In such a case, the Operator will cooperate with the User to determine the reason for the Order not being accepted.
- The Operator shall not be liable for the selection of a product or service, nor for improper performance of the service by the Carrier, unless such improper performance results from the Operator’s failure to perform or improper performance of the Service. By using the Service, the User concludes a civil-law agreement with the Sender based on a discount code provided by the Sender, and the Sender concludes an agreement with the Carrier under the terms specified in these Terms and Conditions and in the Carrier’s Regulations.
- Since placing an order for a service by the User is equivalent to accepting the Carrier’s regulations applicable to the ordered Service, all limitations of liability contained therein, within the limits of applicable law, shall also apply to the Operator and limit its liability.
- The Operator shall not be liable, in particular, for:
• non-performance or improper performance of the Service by the Sender or the Carrier, unless it results from non-performance or improper performance of the Service by the Operator;
• the legality of the Sender’s or the Carrier’s activities, including whether they hold the necessary licenses or meet other formal business requirements;
• the manner in which the Service is used by Users, including Senders promoting their services and products, and Recipients;
• the use of the Service by Users or third parties, to whom the User has granted access, in a manner inconsistent with the law or these Terms and Conditions;
• any malfunction of the Service, loss of data, interruption of connection, or failure to receive information due to reasons attributable to the Sender;
• interruptions in the operation of the Service caused by necessary maintenance, system repairs, or circumstances beyond the Operator’s control;
• actions of the Recipient, including accepting the Shipment or paying cash-on-delivery charges;
• delays in the transfer of funds by the payment operator for the ordered Service, resulting in delays in the execution of the Service;
• loss, shortage, damage, or delay in the transport of a Shipment if caused by reasons attributable to the User or the Recipient, not resulting from the Operator’s fault, inherent properties of the goods, or force majeure;
• providing incorrect or false data by the User, including data related to the Shipment;
• failure to hand over the Shipment to the Carrier;
• violation of the Carrier’s Regulations by the User;
• violation of these Terms and Conditions by the User.
6. The Operator shall also not be liable for the actions or consequences of actions taken by the User in relation to ordering a service from the Sender or the Carrier.
7. The Operator shall be liable for loss, shortage, or damage to the Shipment caused by its own fault occurring at the Drop-off / Collection Point operated by its cooperating operator. However, liability for loss, shortage, or damage to a Shipment to which the provisions of the Transport Law apply shall be limited to the declared value, not exceeding the actual value of the item.
7. Data and Privacy Policy
- In connection with operating the Online Service available at x-peptides.com and its functionalities, we hereby provide information on the protection and use of Personal Data in accordance with the requirements of Article 13 of the GDPR.
- The Personal Data Controller is X-peptides sp. z o. o. al. Solidarności 68 / 121, 00-240 Warsaw, Poland, the email address for all personal data protection matters is: kontakt@x-peptides.com.
- Personal Data is processed in accordance with the Personal Data Protection Act of 29 August 1997, the Act on the Provision of Electronic Services, the provisions of these Terms and Conditions, and with the application of appropriate technical and organisational measures required under Polish law.
- The Data Protection Officer is available at kontakt@x-peptides.com.
- The legal basis for processing Personal Data is always the User’s consent.
- We collect the following categories of Personal Data:
- first and last name,
- residential address, correspondence address, pickup address, delivery address,
- telephone number,
- e-mail address,
- tax identification numbers (NIP, Regon, KRS),
- bank account number,
- transactional data (payments received and made),
- financial data (Wallet Account balance),
- contractual data (agreements, including Orders),
- communication data,
- transactional and operational data related to Service use.
7. Personal Data is collected when using the x-peptides.com Service, including:
- using the Service’s functionalities,
- registering an Account,
- verification and identification (e.g., during login),
- concluding service and transport agreements,
- executing agreements concluded via the Service.
8. Personal Data is collected to enable the provision of services, in particular:
- concluding and performing agreements for Services provided through the Service,
- sending information on changes to service conditions, including prices and regulations,
- handling payments, receivables and claims, including complaints and debt recovery,
- enabling communication between the Sender, Carrier, User, and Recipient,
- conducting correspondence necessary to provide the Services,
- preparing accounting documentation, including issuing invoices,
- preparing documentation of concluded agreements,
- statistical and archival purposes,
- complying with legal obligations,
- only with additional consent – sending commercial information, promotional offers, and marketing content.
9. The legal bases for the processing of Personal Data are:
- the performance of a service agreement under these Terms and Conditions (Article 6(1)(b) GDPR),
- compliance with a legal obligation (Article 6(1)(c) and 6(3) GDPR),
- the legitimate interest of the Controller, including securing or pursuing claims (Article 6(1)(f) GDPR),
- with additional consent – the marketing of the Controller’s own products or services (Article 6(1)(f) GDPR).
10. Personal Data is stored and processed using technical and organisational measures required by law to ensure its protection. Data is safeguarded from unauthorised access and modification in accordance with the Operator’s internal procedures.
Personal Data may be shared with the following entities to fulfil the Service:
- selected Carriers (courier companies such as DHL, DPD, UPS, FedEx, Poczta Polska, Royal Mail, InPost),
- banks and payment operators,
- accounting service providers,
- persons and entities providing services, including Senders issuing dedicated discount codes,
- debt recovery and legal service companies,
- ICT service providers, including hosting providers,
- authorised persons, authorities, and institutions under applicable law.
11. Personal Data collected in connection with the operation of the Service and the conclusion of agreements will be stored:
- for the duration of the agreement — until its completion,
- for the period required by applicable law,
- for the limitation period for potential claims,
- for the duration of the User’s consent regarding promotional or commercial communications — until the consent is withdrawn.
12. The User has the right to:
- request access to their Personal Data, rectification, deletion, restriction of processing, or 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 to receive commercial information at any time.
13. Providing Personal Data is voluntary; however, failure to provide or incomplete data may prevent the use of the Service’s functionalities.
14. If the User places an Order through the Service, the Operator may—solely to improve service handling—send messages to the User’s provided email address or contact them by phone or otherwise through remote communication means.
15. We do not use profiling or automated decision-making.
16. If you become aware of a personal data breach or any situation posing a risk to data security, please notify us immediately. This will allow us to determine the cause and take all necessary steps to secure the data.
17. After deleting or blocking an Account, the Administrator processes Personal Data of Users in accordance with applicable law and these Terms, for the purposes of:
- proper settlement of ordered services,
- proper finalisation of services provided to the User,
- handling complaints,
- financial and tax reporting.
18. In the event of a transfer of rights to the Service to another entity, all data, including Users’ Personal Data, will be transferred to the new owner of the Service, to which Users consent by accepting these Terms and Conditions.
8 Processing of Other Data. Cookies
- During the User’s visit to the x-peptides.com Service website, data related to the User’s visit is collected automatically, including in particular:
• IP address;
• domain name;
• browser type;
• operating system type;
• type of device used to connect;
• connection time with the Service.
2. The x-peptides.com website uses cookies stored in the User’s web browser. In most cases, this is necessary for the proper functioning of the website. Cookies are also used by tools that analyze website traffic.
3. The x-peptides.com website uses, among others, the following types of cookies:
• statistical cookies that enable the collection of information on how the Service website is used,
• advertising cookies that allow for delivering content better tailored to the User’s interests,
• security cookies used, for example, to detect authentication abuses within the website,
• functional cookies that allow for “remembering” settings selected by the User and personalizing the user interface (e.g., selected language or region, font size, website appearance).
4. Below is a list of example uses of cookies by the x-peptides.com website:
• increasing the level of security,
• maintaining the User’s session within applications, forms, surveys, and the transactional system.
They help enhance security by ensuring that all server requests originate from the User’s device. The server validates cookies and the IP address of the User’s device. In case of an attempt to impersonate the User’s session from another device, the session will be terminated,
• reporting traffic sources,
• analyzing the effectiveness of promotional activities,
• Google Ads – to better tailor advertisements to User preferences, the Operator uses cookies that collect only basic information about User behavior on x-peptides.com. All data is anonymous and is used solely to match ads displayed in Google search and across other websites to User preferences, using tools such as Google Ads and DoubleClick. The User may disable Google cookies at any time in the Ads Settings (www.google.pl/settings/ads),
• Analytics with Google Analytics – to better understand User intentions, the Operator uses Google cookies that anonymously collect only basic information about User activity within x-peptides.com and are used to report traffic sources, analyze User behavior on the website, and measure the effectiveness of promotional activities.
- Most web browsers available on the market accept cookies by default. The User may define the conditions for the use of cookies through their browser settings and may delete cookies stored in the browser at any time. Information on disabling cookies, modifying cookie settings, and manually deleting cookies is available in the help section of the browser as well as on the following pages:
- • 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
9 Security Measures and Risks
- The Operator ensures the security of personal data through appropriate technical and organizational measures designed to prevent unlawful data processing and accidental loss, destruction, or damage. Among other safeguards, communication is encrypted using the SSL (Secure Socket Layer) protocol.
- The SSL protocol is a security mechanism that encrypts data before it is sent from the User’s browser and decrypts it after safely reaching the server. Information sent from the server to the User is also encrypted and then decrypted upon delivery.
- The SSL protocol encrypts, authenticates, and ensures the integrity of transmitted messages.
- The Operator informs that even when measures have been taken to secure data transmitted by the User via the Internet, certain risks associated with electronic services cannot be entirely eliminated, such as:
• receiving spam;
• presence and operation of malware, including computer viruses;
• presence and operation of internet worms;
• possibility of spyware activity;
• exposure to cracking or phishing (password stealing);
• piracy;
• sniffing;
• the possibility that unauthorized parties may introduce illegal devices into the telecommunications or IT system, granting unauthorized access to protected services;
• cryptanalysis activities, meaning attempts to find vulnerabilities in cryptographic systems that allow them to be broken or bypassed;
• exposure to other unwanted or malicious software not listed above, such as wabbits, trojans, backdoors, exploits, rootkits, keyloggers, dialers, hoaxes.
5. To maintain security and minimize the risks listed in section 4, the User should:
- set a strong password for the Customer Account, containing uppercase and lowercase letters, digits, and symbols, making it difficult to guess;
- log out of the Customer Account after each session (simply closing the browser is not sufficient) and never leave the device unattended while logged in;
- keep the login and password to the Customer Account confidential and never disclose them to third parties;
- use the Service only on trusted computers with up-to-date antivirus software and operating systems;
- avoid saving login data such as username and password on devices, especially on public or shared computers;
- avoid using the Service through open or unknown Wi-Fi networks.
10. Complaints
- Service Users have the right to submit complaints regarding matters regulated by these Terms and Conditions, including improper functioning of the Service. Complaints may be submitted in writing, by registered mail to the registered office of X-peptides sp. z o. o. al. Solidarności 68 / 121, 00-240 Warsaw, Poland or via electronic correspondence to: kontakt@x-peptides.com.
- Complaints regarding non-performance or improper execution of payments should be directed by the User to the Operator at: kontakt@x-peptides.com, in accordance with the provisions of these Terms and Conditions relating to electronic payment services.
- Any complaints related to incorrect performance of transport services by the Carrier may be submitted—while observing the rules, procedures, and deadlines specified in the Carrier’s Regulations—through the Operator, in writing by registered mail to the registered office of X-peptides sp. z o. o. al. Solidarności 68 / 121, 00-240 Warsaw, Poland or via electronic correspondence to: kontakt@x-peptides.com.
- The Operator promptly forwards complaints and comments to the Carrier for review. Complaints and comments concerning services provided by the Carrier will be considered in accordance with the regulations of the Carrier selected to perform the service. The Carrier’s decision, once issued, is promptly conveyed to the User via the Operator.
- Under the principles defined in applicable law—particularly the Act of 15 November 1984 – Transport Law (Journal of Laws 2015, No. 915, as amended) and the Act of 23 November 2012 – Postal Law (Journal of Laws 2016, No. 113, as amended)—Users and Recipients (addressees) have the right to submit complaints and pursue claims directly against the Carrier.
- Complaints will be reviewed within 30 days from their receipt.
- A complaint submission should include:
• the name or full name and address, as well as the User’s email address,
• the subject/title of the complaint,
• documented proof of entitlement to pursue the claim in the declared amount,
• confirmation of shipment (Waybill) and the shipment number, if the complaint concerns transport services,
• a description of the issue forming the basis of the complaint (subject of the complaint, circumstances justifying the submission),
• the Sender’s signature,
• a document confirming authorization if the complaint is submitted by the User’s representative.
8. The acceptance and processing of complaints are free of charge.
9. The complaint procedure begins upon submission of complete documentation. If the complaint does not meet the requirements specified in applicable law or in the regulations of the respective Carrier, the Carrier will request the complainant to rectify the deficiencies within 14 days from receipt of the request, informing that failure to correct the deficiencies within this period will result in the complaint being left unprocessed. In such cases, the date of submission of the complaint is considered to be the date on which the Carrier receives the completed complaint.
10. Payments arising from accepted complaints are transferred to the User’s designated bank account within 30 days from the date the Carrier’s decision is forwarded to the Operator.
11. If the complaint cannot be reviewed within this period, the Operator will inform the complainant in writing within the same timeframe about the reasons for the delay and the expected date of reviewing the complaint. Failure to comply with the complaint procedure may result in the complaint being rejected.
11 Out-of-Court Methods of Handling Complaints and Pursuing Claims by Consumers
- A User who is a Consumer may use, among others, the following out-of-court methods of handling complaints and pursuing claims:
• A Consumer is entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2016, No. 1059, as amended) with a request to resolve a dispute arising from a service agreement. The rules governing the organization and operation of permanent consumer arbitration courts are defined in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws No. 113, item 1214).
• A Consumer is entitled to apply to the Provincial Inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2016, No. 1059, as amended), with a request to initiate mediation proceedings aimed at amicably resolving a dispute between the Consumer and the Operator. Information regarding the rules and procedures of mediation conducted by the Provincial Inspector of Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of Trade Inspection.
• A Consumer may obtain free assistance in resolving a dispute between the Consumer and the Operator by contacting a district (municipal) consumer ombudsman or a consumer protection organization whose statutory tasks include the protection of consumer rights.
2. Detailed information regarding the possibility for a Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, consumer protection organizations, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK):
• http://www.uokik.gov.pl/spory_konsumenckie.php
• http://www.uokik.gov.pl/sprawy_indywidualne.php
• http://www.uokik.gov.pl/wazne_adresy.php
12 Consumer’s Right to Withdraw from the Agreement (Order)
- A User who is a Consumer has the right to withdraw from the Agreement concluded with the Operator without providing a reason and without incurring costs, except for the costs referred to in section 2 of this paragraph—within 14 days from receiving the goods, provided that the Consumer submits a declaration of withdrawal from the Agreement (Order) within this period.
- If, at the explicit request of the Consumer, the performance of the service is to begin before the expiry of the withdrawal period for an agreement concluded off the business premises, the Consumer—upon withdrawing from the agreement—is obliged to pay for the portion of the service performed up to the moment of withdrawal. The amount payable is calculated proportionally to the scope of the service rendered, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the calculation is based on the market value of the service performed.
- To meet the withdrawal deadline specified in section 1 of this paragraph, it is sufficient for the Consumer to send a declaration of withdrawal before the expiry of the deadline.
- The withdrawal period begins on the day the order is placed.
- Withdrawal from the agreement is effected by submitting a declaration of intent to withdraw.
- The Operator provides the Consumer with the option to submit a declaration of withdrawal from the agreement electronically, using the withdrawal form template attached as Annex No. 2 to these Terms and Conditions, or by submitting any other clear and unambiguous statement.
- The Operator promptly confirms receipt of the Consumer’s declaration of withdrawal by sending an appropriate message to the Consumer’s email address.
- In the event of withdrawal from the agreement, the agreement is deemed not to have been concluded.
- The Operator is obliged to refund the Consumer all payments made, without delay and no later than within 14 days from the date of receiving the declaration of withdrawal, taking into account the Consumer’s obligation to bear the costs referred to in section 2 of this paragraph. The Operator shall make the refund using the same payment method used by the Consumer, unless the Consumer explicitly agrees to another method that does not involve any additional costs.
- Upon the Consumer’s withdrawal from the agreement, any related ancillary agreements concluded by the Consumer—under which the Service is provided by the Operator or a third party under a separate agreement with the Operator—shall expire. The Consumer does not bear costs arising from the termination of such agreements, except for the costs referred to in section 2 of this paragraph.
- If the ancillary agreement was concluded with a third party, the Operator will inform that party of the Consumer’s withdrawal from the agreement.
- The right of withdrawal does not apply to the Consumer with respect to a Service that has been fully performed by the Operator with the Consumer’s explicit consent, provided that the Consumer was informed prior to the commencement of the Service that, upon full performance, they would lose the right of withdrawal.
- Information and instructions regarding the right of withdrawal, identical to the annex to the Act of 30 May 2014 on Consumer Rights (Journal of Laws No. 827, as amended), are included in Annex No. 1 to these Terms and Conditions.
- The withdrawal form template, identical to the annex to the Act of 30 May 2014 on Consumer Rights (Journal of Laws No. 827, as amended), is included as Annex No. 2 to these Terms and Conditions.
13. Rules for Using the Service
1. The Operator holds all intellectual property rights to the Service. Any use of the Software by Users other than that strictly connected with the provision of the Service is prohibited. This also applies to any attempts to interfere with the Software.
2. The technical requirements necessary for cooperation with the IT system used by the User are as follows:
• access to a device with an internet connection;
• an active email account;
• a web browser that supports JavaScript and cookies.
3. A Service User using electronic services is prohibited from providing unlawful content to the Service.
4. The Service User is obliged to refrain from abusing electronic communication tools and from providing to or transmitting through the Operator’s IT systems any of the following content:
• content that is unlawful, offensive, or contrary to good morals;
• content that infringes the rights of third parties, including intellectual property rights;
• content that may disrupt the functioning of the Service or cause damage to the Operator’s IT systems;
• malicious software or any other harmful code.
5. The Operator reserves the right to carry out maintenance work on the Service, which may cause difficulties or prevent the use of the services. The dates and expected duration of such work will be published on x-peptides.com prior to commencement.
6. Access to information regarding changes to the method and scope of service provision by the Operator, as well as information required under Article 6 of the Act on the Provision of Electronic Services, will be provided through the website x-peptides.com.
7. In exceptional circumstances affecting the security or stability of the IT system, the Operator has the right to temporarily suspend or limit the provision of Services without prior notice and to carry out maintenance work aimed at restoring the security and stability of the IT system.
8. Notwithstanding the above, the Operator has the right to cease providing Services at any time if such a justified request is made by the internet provider or another authorized entity.
14. Final Provisions
- The parties shall attempt to resolve any disputes amicably. In the absence of an agreement, disputes shall be resolved by the court having jurisdiction over the Operator’s registered office.
- The parties are bound by the version of the Terms and Conditions in force on the date the Order is placed.
- The Operator reserves the right to amend the Terms and Conditions.
- The Operator shall inform Users electronically about any changes to the Terms and Conditions as well as provide access to the updated version.
- Any amendment to the Terms and Conditions made by the Operator does not apply to Orders placed before the amendment, unless both parties expressly agree to apply the currently valid version to that Order.
- The agreement for the provision of electronic services (the agreement for maintaining an Account) may be terminated by either party with a 30-day notice period. Termination is made by submitting a termination statement to: kontakt@x-peptides.com, sent directly from the User’s email address associated with the Account, or in writing to the Operator’s registered office. The agreement terminates upon the expiry of the notice period, but not earlier than after the Service has been fully performed and all financial obligations, including payment of issued invoices, have been settled.
- Upon expiry of the notice period, the agreement is terminated, and the Account is deleted from the Service.
- The Operator is entitled to terminate the service agreement (agreement for maintaining an Account) with immediate effect in the event of:
• gross violation of these Terms and Conditions by the User;
• use of the Services available on the Website for unlawful purposes. - In the event of termination of the Agreement by either the User or the Operator, or in the event of its expiration for any other reason, the Account shall be deleted together with all Data stored therein. The User acknowledges and agrees that deleting the Account results in the irreversible loss of all Data collected as part of that Account.
- The deletion of Data does not automatically entail deletion of Personal Data from the Account Database.
- Deletion of the Account does not release the User from the obligation to settle any outstanding amounts owed to the Operator.
- In matters not expressly regulated in these Terms and Conditions, the generally applicable provisions of law shall apply, in particular the Civil Code Act of 23 April 1964 (Journal of Laws 2016, No. 380, as amended), the Transport Law Act of 15 November 1984 (Journal of Laws 2015, No. 915, as amended), as well as the applicable regulations of transport companies involved in the performance of transport services.
- The following items constitute appendices to these Terms and Conditions:
• Annex No. 1 – Information on the right of withdrawal;
• Annex No. 2 – Withdrawal form template.
14. These Terms and Conditions are effective as of 01-01-2022.
ANNEX No. 1 — Information on the Right of Withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which the ordered goods are delivered.
To exercise the right of withdrawal, you must inform X-peptides sp. z o. o. al. Solidarności 68 / 121, 00-240 Warsaw, Poland, of your decision to withdraw from this agreement by means of an unambiguous statement.
You may use the withdrawal form template, but it is not obligatory.
You may also fill in and submit the withdrawal form or any other clear and unambiguous statement electronically to the following email address: kontakt@x-peptides.com.
If you use this option, we will promptly send you a confirmation of receipt of your withdrawal statement on a durable medium, for example in PDF format, via email.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.
In the event of withdrawal from this agreement, we will refund all payments received from you, including the cost of delivering the goods (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we were informed of your decision to withdraw from this agreement.
We will make the refund using the same payment method that you used for the original transaction, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of this refund.
If you requested the commencement of the service before the expiry of the withdrawal period, you shall pay us an amount proportionate to the extent of the services performed up to the moment you informed us of your withdrawal from this agreement.
ANNEX No. 2 — TEMPLATE WITHDRAWAL FORM
(This form should be completed and returned only if you wish to withdraw from the contract)
To:
X-peptides sp. z o. o. al. Solidarności 68 / 121, 00-240 Warsaw, Poland
kontakt@x-peptides.com
– I/We() hereby give notice of my/our() withdrawal from the contract of sale of the following goods() / the contract for the delivery of the following goods() / the contract for the performance of the following work() / the contract for the provision of the following service()
– Date of conclusion of the contract() / receipt of the goods()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is submitted in paper version)
– Date
(*) Delete as appropriate.
