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Terms and conditions

Terms and Conditions of the Online Store – Deep Breath
Specifying, among others, the rules for concluding contracts through the Store, including key information about the Seller, the Store, and Consumer rights.

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Contract
§ 8 Exceptions to the Right of Withdrawal from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – the Act of 23 April 1964, the Civil Code.
Consumer – a consumer within the meaning of the Civil Code provisions.
Account – a free feature of the Store (service provided electronically), regulated by separate terms, enabling each entity using the Store to set up their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person entering into a contract with the Seller directly related to their business activity, but not of a professional nature for them.
Terms – these terms and conditions.
Store – the online store Deep Breath operated by the Seller at https://www.deepbreath.fit.
Seller – Patryk Barglik, an entrepreneur conducting business under the name PATRYK BARGLIK - DEEP BREATH, entered into the Central Register and Information on Economic Activity managed by the Minister of Economy, NIP 5272898265, REGON 383832086, ul. Twarda 18, 00-105 Warsaw, Poland.
Digital Content – data created and supplied in digital form.
Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights.

The provisions of the Terms relating to products apply to both movable goods and Digital Content.

§ 2 CONTACT WITH THE SELLER

Postal address: ul. Twarda 18, 00-105 Warsaw, Poland
Email address: kontakt@deepbreath.fit
Phone: +48 570986956
Address for returning goods (in case of withdrawal from the contract): ul. Warszawska 206, 05-082 Latchorzew, Poland
Address for sending goods under complaint: ul. Warszawska 206, 05-082 Latchorzew, Poland

§ 3 TECHNICAL REQUIREMENTS

For the Store to function properly, the following is required:

  • A device with Internet access.
  • A web browser supporting JavaScript and cookies.

To place an order in the Store, apart from the requirements specified in section 1, an active email account is required.

§ 4 PURCHASES IN THE STORE

The prices of products visible in the Store are the total prices for the product.
The Seller emphasizes that the total order price consists of the product price and, if applicable, the delivery costs, as specified in the Store.
The selected product to be purchased should be added to the cart in the Store.
The Buyer then selects the delivery method and payment method for the order from the available options in the Store and provides the necessary information to complete the order.
The order is placed when the Buyer confirms its content and accepts the Terms.
Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
The Buyer may register in the Store, i.e., set up an Account, or make purchases without registration by providing their details with each potential order.

§ 5 PAYMENTS

For the placed order, payment can be made, depending on the Buyer’s choice:

  • By credit card:
    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  • Through a payment platform:
    • PayPal
    • PayU
  • By cash on delivery (cash upon receipt of the goods).

If the Buyer chooses to pay via the Autopay payment platform, Autopay S.A. provides the online payment processing.
In the case of advance payment, the Buyer must pay within 1 Business Day of placing the order.
The Seller informs that in the case of payment methods where the field to enter the necessary payment information appears directly after placing the order, payment is possible only immediately after placing the order.
By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this consent.

§ 6 ORDER FULFILLMENT

The order fulfillment time is 2 Business Days.
If the Buyer has chosen to pay in advance, the Seller will begin processing the order after receiving payment.
Countries where delivery is available:

  • Poland
  • European Union

The products purchased in the Store are delivered via:

  • GLS courier service;
  • Electronically, to the email address provided by the Buyer at the time of order placement – for Digital Content.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

The Privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms, within 14 days without giving any reason.
The deadline to withdraw from the contract expires 14 days after the day:

  • on which the Privileged Buyer received the goods or a third party other than the carrier and indicated by the Privileged Buyer took possession of the goods;
  • on which the Privileged Buyer received the last item, batch, or part, or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of the last item, batch, or part, in the case of a contract involving the transfer of ownership of multiple items delivered separately, in batches, or in parts;
  • of contract conclusion – in the case of a contract for the delivery of Digital Content.

To exercise the right of withdrawal, the Privileged Buyer must inform the Seller using the contact details provided in § 2 of the Terms, of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or email).
The Privileged Buyer may use the withdrawal form template at the end of the Terms, but it is not mandatory.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right of withdrawal from a distance contract, as referred to in § 7 of the Terms, does not apply to contracts:

  • where the subject of the service is a non-prefabricated item produced according to the Privileged Buyer’s specifications or to meet their individual needs;
  • where the subject of the service is an item that deteriorates rapidly or has a short shelf life;
  • where the subject of the service is an item delivered in sealed packaging, which, after being opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
  • where the subject of the service is goods that, after delivery, due to their nature, become inseparably mixed with other items;
  • where the subject of the service is sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
  • for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
  • where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the withdrawal deadline;
  • for the delivery of Digital Content, for which the Privileged Buyer is required to pay a price, provided that:
    • the Seller has started the service with the explicit prior consent of the Privileged Buyer;
    • the Privileged Buyer has been informed before the service begins that after the Seller has fulfilled the service, they will lose the right to withdraw from the contract and has acknowledged this;
    • the Seller has provided the Privileged Buyer with confirmation of the contract conclusion at a distance, including the above consent, on a durable medium within a reasonable time after the contract is concluded, but no later than before the service begins.

§ 9 COMPLAINTS
I. GENERAL PROVISIONS
The Seller is responsible to the Privileged Buyer for the conformity of the service with the contract, as provided by the generally applicable laws, including the Consumer Rights Act.
Complaints should be submitted to the postal or electronic address provided in § 2 of the Terms.
If a warranty is provided for a product, information about it, as well as its conditions, is available in the Store.
Complaints regarding the operation of the Store should be directed to the email address specified in § 2 of the Terms.
The Seller will respond to the complaint within 14 days of receiving it.

§ 10 PERSONAL DATA

The Seller is the data controller of the personal data provided by the Buyer during the use of the Store. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal grounds for processing, as well as the recipients of the data – can be found in the Store’s Privacy Policy, available in the Store, in accordance with the transparency principle included in the General Data Protection Regulation (GDPR).
The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal basis for processing personal data in this case is:

  • the contract or actions taken at the Buyer’s request aimed at its conclusion (Article 6(1)(b) GDPR),
  • the Seller’s legal obligation related to accounting (Article 6(1)(c) GDPR), and
  • the Seller’s legitimate interest in processing data to establish, assert, or defend any claims (Article 6(1)(f) GDPR).

§ 11 DISCLAIMERS

The Buyer is prohibited from providing unlawful content.
Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms. The contract is concluded for the time and purpose of fulfilling the order.
Contracts concluded under the Terms are made in Polish.
In the event of any dispute with a Buyer who is not a Privileged Buyer, the court competent for the Seller’s registered office will have jurisdiction.
The Seller’s liability to a Buyer who is not a Privileged Buyer is excluded to the extent permitted by law.

Appendix No. 1 to the Terms

Below is a template for the withdrawal form, which the Consumer or Privileged Entrepreneur may, but does not have to, use.

Template Withdrawal Form
(This form should be filled out and returned only if you wish to withdraw from the contract)

To:
PATRYK BARGLIK - DEEP BREATH
ul. Twarda 18, 00-105 Warsaw
email: kontakt@deepbreath.fit

  • I/We () hereby inform you of my/our () withdrawal from the contract for the sale of the following goods ()/for the provision of the following service ()/for the supply of digital content in the form of (*):

..............................................................................................................................

  • Date of contract conclusion ()/receipt ():

..............................................................................................................................

  • Name and surname of the Consumer(s)/Privileged Entrepreneur(s):

..............................................................................................................................

  • Address of the Consumer(s)/Privileged Entrepreneur(s):

..............................................................................................................................

  • Signature of the Consumer(s)/Privileged Entrepreneur(s) (only if this form is sent in paper form):

..............................................................................................................................

Date: ............................................

(*) Delete as appropriate.