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Ragulations

The customer is entitled to save these regulations on a durable medium

  1. DEFINITIONS .
    1. REGISTRATION FORM: a form that allows to create an Account.
    2. ORDER FORM: a form that allows to place an Order.
    3. CUSTOMER: a natural person with full legal capacity, and in cases provided by law also a natural person with limited legal capacity.
    4. ACCOUNT: a set of resources in the Store’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about the Orders placed by him are collected.
    5. NEWSLETTER: an electronic service that allows the Customer to receive periodic information from the Seller via e-mail, in particular about the Products or events organized by the Seller.
    6. 6. SELLER: the seller, as well as the service provider and the administrator of personal data is: FITNESS AUTHORITY Limited liability company with its registered office in Otomin (80-174) at the address: ul. Konna 40, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number:0000355208, and with the following numbers:NIP: 9571037001, REGON: 221006572, BDO: 000051133 (register of entities introducing Goods, Goods in packaging and managing waste), share capital in the amount of PLN 17,000,000. Telephone No: 58-344-37-47 (fee as for a standard call, according to a pricelist of relevant operator), email: bok@vitarade.pl
    7. GOODS: a movable item available in the Store that is the subject of a Sales Contract between the Customer and the Seller.
    8. REGULATIONS: these regulations of the online store vitarade.pl.
    9. INTERNET STORE: Seller’s online store at: www.vitarade.pl.
    10. SALES CONTRACT: a contract of sale of Goods concluded between the Customer and the Seller through the Store.
    11. ELECTRONIC SERVICE: a service provided electronically by the Seller to the Customer through the Store.
    12. ORDER: the Customer’s statement of intent made via the Order Form and aimed directly at concluding a Sales Contract.
  1. Personal data. Reference to privacy policy.
    1. All issues related to the processing of personal data are governed by the privacy policy available on the Store’s website.
  1. ELECTRONIC SERVICES.
    1. The following Electronic Services are available in the Store: Account, Order Form and Newsletter.
    2. The use of the Account is free of charge and is possible after the Customer completes a total of two consecutive steps – (1) completing the Registration Form and (2) clicking the “Register Account” box. In the Registration Form, it is necessary for the Customer to provide the personal data indicated during the process. The account is valid for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Seller.
    3. The use of the Order Form begins when the Customer adds the first Goods to the electronic shopping cart. The Order is placed after the Customer completes a total of two consecutive steps – (1) filling out the Order Form and (2) clicking the “Order with obligation to pay” box. In the Order Form, it is necessary to provide the personal data indicated during the process. The use of the Order Form is free of charge and is on a once-off use basis.
    4. The use of the Newsletter is free of charge and requires three consecutive steps performed by the Customer: (1) provide in the “Newsletter” tab visible on the Store’s website the personal data indicated there, including the e-mail address to which the Newsletter is to be sent, (2) click on the “Subscribe” field, and (3) confirm the wish to subscribe to the Newsletter by clicking on the confirmation link automatically sent to the provided e-mail address. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order. The newsletter is sent to the Customer for an indefinite term. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by providing in the “Newsletter” tab the e-mail address and clicking on the field “Unsubscribe from the Newsletter” or by sending an appropriate request to the Seller.
    5. Technical requirements necessary for compatability with the Store’s ICT system: (1) a multimedia device with Internet access; (2) access to e-mail; (3) a web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0 and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above;(4) recommended minimum screen resolution: 1024×768; (5) enabling the option of saving Cookies and using Javascript as the web browser.
    6. The Customer is obliged to use the Store in a manner consistent with the law and best practice, taking into account respect for personal rights and copyrights and intellectual property of the Seller and third parties. The customer is obliged to enter data consistent with the facts. The customer is prohibited from sending unlawful content. Klient obowiązany jest do wprowadzania danych zgodnych ze stanem faktycznym. Klienta obowiązuje zakaz dostarczania treści o charakterze bezprawnym.
  1. REGULATIONS OF THE SALES CONTRACT
    1. The conclusion of the Sales Contract is made after the Customer places an Order using the Order Form.
    2. The price of the Goods shown on the Store’s website is given in Polish zloty and includes taxes. The total price including taxes, as well as delivery and other costs, is communicated to the Client during the Order placement.
    3. The conclusion of the Sales Contract takes place after the Customer has submitted the Order.
    4. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer the appropriate e-mail message to the e-mail address provided during the placement of the Order. The Seller’s message contains at least the Seller’s statements about receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Contract. As soon as the Customer receives the above email, the Sales Contract is concluded.
    5. Pursuant to Article 106b(5) of the VAT Act, a Customer who wishes to receive a VAT invoice on the basis of a receipt/bill is obliged to inform the Seller and provide the VAT ID number (NIP) before issuing the receipt/bill.
  1. METHODS AND TERMS OF PAYMENT FOR GOODS
    1. The Seller provides the Customer with the following methods of payment under the Sales Contract:
      1. Payment on delivery
      2. Payment in cash upon personal collection.
      3. Payment by bank transfer to the Seller’s bank account.
    2. If the Customer chooses to pay in cash upon personal collection, payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Contract.
    3. If the Customer selects the payment on delivery option, the Customer is obliged to make the payment on delivery of the parcel.
    4. The Seller may also make other payment methods available to the Customer. These methods shall be disclosed during the Ordering procedure.
  1. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF GOODS
    1. Delivery of Goods is available in the territory of the Republic of Poland.
    2. Delivery is not free of charge, unless the Sales Contract states otherwise. Delivery costs are indicated to the Customer on the Store’s website and when placing an Order.
    3. Personal collection of the Goods by the Customer is free of charge.
    4. The Seller shall make available to the Customer the following methods of delivery or collection of the Goods:
      1. Postal delivery, POD.
      2. Courier delivery, POD (courier)
      3. Parcel locker service delivery.
    5. The term of delivery of the Goods to the Customer is up to 5 business days, unless a shorter term is specified in the description of the Goods in question or in the course of placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given period, which, however, may not exceed 5 working days. The beginning of the delivery period is calculated as follows:
      1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank or settlement account.
      2. if the Customer chooses the payment on delivery payment method – from the date of conclusion of the Sales Contract.
    6. If the Customer chooses to pick up the Goods in person, the Goods shall be ready for collection within 2 business days, unless a shorter period is specified in the description of the Goods in question or in the course of placing the Order. In the case of Goods with different dates of readiness for collection, the date of readiness for collection is the longest given period, which, however, may not exceed 2 business days. The Customer shall additionally be informed of the readiness of the Goods for collection by the Seller by sending an appropriate e-mail message to the Customer’s e-mail address provided during the Ordering procedure. The beginning of the period when the Goods are ready for collection by the Customer is calculated as follows:
      1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank or settlement account.
      2. If the Customer chooses to pay in cash upon personal collection- from the date of conclusion of the Sales Contract.
  1. COMPLAINTS.
    1. The basis and scope of the Seller’s liability to the Customer if the sold goods have a physical or legal defect (statutory guarantee) are defined by generally applicable laws, in particular the Civil Code.
    2. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s statutory guarantee liability towards non-consumer Customers is excluded.
    3. The Seller is obliged to provide the Customer with an undefective product.
    4. If the Customer discovers damage to the delivered item sustained during transport, they are obliged to report this fact directly to the courier delivering the parcel and write an appropriate damage report (courier shipments are insured), and also report this fact to the Seller.
    5. The complaint should be submitted by the Customer in writing with the attached proof of purchase to the address: Fitness Authority sp. z o.o ul. Konna 40, 80-174 Otomin.
    6. The complaint should include:
      • order number
      • information and circumstances regarding the subject of the complaint
      • request for a way to bring the product into conformity with the sales contract or a statement of price reduction or withdrawal from the sales contract
      • contact details
      • bank account number
    7. The customer who exercises a statutory guarantee right is obliged to deliver the defective product at the Seller’s expense to the address: Fitness Authority sp. z o.o. ul. Konna 40, 80-174 Otomin.
    8. If, due to the nature of the goods or the manner of their installation, the delivery of the goods by the Customer is made excessively difficult or impossible, the Customer is obliged to make the product available to the Seller at the address where the goods are located.
    9. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission.
  1. WARRANTY
    1. Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or the distributor.
    2. In the case of Goods under warranty, information on the existence and content of the warranty is available on the Seller’s website.
    3. The warranty statement specifies the obligations of the guarantor and the rights of the customer in the event when the sold Goods do not have the characteristics specified in the statement, and also contains basic information on how to exercise rights.
  1. OUT-OF-COURT COMPLAINT AND PURSUING CLAIMS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
    1. 1. Detailed information on the availability of out-of-court procedures for the Customer to lodge complaints and for pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
    2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes in writing to the address: ul. Sołtysowska 1 Magazyn 17, 31-589 Kraków;
    3. The consumer has the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:(1) application for dispute settlement to a permanent consumer court (more information at: http://www.spsk.wiih.org.pl/);(2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller’s business activity);and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice may also be obtained by email at porady@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline available on weekdays, 8:00 – 18:00, calls charged at the operator’s tariff).
    4. 4. A platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for Customers and entrepreneurs seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
  1. RIGHT OF WITHDRAWAL FROM CONTRACT
    1. 1. A Customer who has concluded a remote contract may, within 14 calendar days of receipt of the shipment, withdraw from the Contract without giving any reason.
    2. Excluded from the possibility of withdrawal are goods with a short shelf life, other products directly indicated by the Seller, as well as those that are delivered in sealed packaging, which once opened cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery.
    3. The right of withdrawal applies only to Customers who are natural persons (consumer).
    4. The right of withdrawal does not apply to legal entities and business people, if the product was purchased for the purposes of the company (legal entity, business).
    5. 5. In order to withdraw from the Contract, the Customer should submit a statement of withdrawal in the form of a scanned signed statement via e-mail to the address: bok@vitarade.pl. A sample statement of withdrawal from the Contract is appended to these Regulations.
    6. The Customer is obliged to return the goods to the Seller immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, together with the receipt or other proof of purchase and the warranty document, if issued.
    7. The Customer shall return the goods at their own expense.
    8. The Seller, no later than 14 days after receiving the statement of withdrawal from the contract, shall return to the Customer all payments made by him, including delivery costs.
    9. The Seller may withhold reimbursement of payments received from the Customer until the goods have been returned.
    10. If the Customer exceeds the deadlines indicated above or the return is not justified, the Seller shall resend the package to the address indicated in the order.
  1. POSTING REVIEWS ON THE ONLINE STORE
    1. The Seller also guarantees Customers the ability to post reviews on the Online Store.
    2. All Customer reviews of Products purchased on the Online Store are verified. The Online Store obtains feedback only from people who have an existing Account.
    3. After receiving the ordered Goods, the Customer may be asked to voluntarily add feedback on the purchased Goods.
    4. The Customer may add feedback on the Goods through the feedback form available on the product sheet located in the Online Store;
    5. By completing the feedback form, the Customer agrees to publish the subjective content contained therein about the purchased Goods and to provide personal data to the extent necessary for the posting of the opinion. Depending on the adopted feedback mechanism, the Customer may be asked to provide a comment, the number of stars (e.g. from 1 to 5), or mark a scale of satisfaction or dissatisfaction with the Goods. Personal data is protected in accordance with our Privacy Policy.
    6. Opinions posted on the Online Store are not sponsored in any way, and their content does not affect the terms of future contracts with the Seller.
    7. The Online Store posts all opinions, both positive and negative, as long as their content does not violate the provisions of the Regulations or applicable law.
    8. For Customers who receive an email requesting feedback, we guarantee that such an email is sent only to those who have made a purchase and received the Goods.
  1. DISCLAIMERS
    1. The Seller is not responsible for orders placed by third parties using the email address and password of the account, unless the account user has previously informed the Seller of the possibility of the password being used by an unauthorized person.
    2. The Seller shall not be liable for failure to perform or improper performance of the Customer’s order resulting from circumstances for which the Seller is not responsible.
    3. The Seller is not responsible for difficulties, technical problems with contacting the store, if they are the result of circumstances for which the Seller is not responsible.
  1. PROVISIONS APPLICABLE ONLY TO ENTREPRENEURS
    1. The provisions of this section apply only to non-consumer Customers.
    2. For non-consumer Customers, the Seller has the right to withdraw from the sales contract within 14 calendar days from the date of its conclusion.
    3. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s statutory guarantee liability towards non-consumer Customers is excluded.
    4. As soon as the Seller releases the goods to the carrier, the burdens and benefits of the product and the danger of accidental loss of or damage to the product are transferred to the non-consumer Customer. The Seller in such a case shall not be liable for loss or damage to the product occurring from the moment of acceptance of the product for carriage until its release to the Customer, as well as for the delay in transportation of the shipment.
    5. If the product is sent to a non-consumer Customer via a carrier, the carrier shall be obliged to examine the shipment at the time and in the manner usual for shipments of this kind. If the Customer finds that there has been a loss or damage to the goods, they are obliged to take all the necessary actions to determine the liability of the carrier.
    6. In case of non-consumer Customers, in the event of damages resulting from negligence, the Seller is liable only up to the amount of the order.
    7. Any disputes arising between the Seller and non-consumer Customers shall be considered by the court having jurisdiction over the Seller’s registered office.
  1. FINAL PROVISIONS
    1. Contracts concluded through the Store are drafted in Polish.
    2. The Seller reserves the right to make changes to the terms and conditions for important reasons, i.e. changes in legislation, change of payment and delivery methods, among others.
    3. The Seller reserves the right to make changes to the Regulations at any time. Changes to the Regulations shall come into force within 14 days from the date of their publication in the Store. Contracts entered into before the effective date of amendments to the Regulations shall be subject to the existing provisions, unless the new Regulations are more favorable to the Customer. The Customer may withdraw from the Contract if he does not agree with the provisions of the new Regulations, with this right expiring after 14 days from the effective date of the new Regulations.
    4. In matters not regulated by the Regulations, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on Provision of Electronic Services, the Act on Consumer Rights.

1. GENERAL PROVISIONS

  1. 1. This privacy policy (hereinafter: “privacy policy“) of the online store at vitarade.pl (hereinafter: “Store“) is informative, which means that it is not a source of obligations for people using the Store. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator, including the grounds, purposes and scope of personal data processing and the rights of persons to whom the personal data relates, as well as information on the use of cookies and analytical tools in the Store.
  2. 2. The Administrator of personal data is: FITNESS AUTHORITY Limited liability company with its registered office in Otomin (80-174) at the address: ul. Konna 40, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number:0000355208, and with the following numbers:NIP: 9571037001, REGON: 221006572, BDO: 000051133 (register of entities introducing Goods, Goods in packaging and managing waste), share capital in the amount of PLN 17,000,000. Telephone No: 58-344-37-47 (fee as for a standard call, according to a pricelist of relevant operator), email: bok@fasklep.pl
  3. The Administrator has appointed the Personal Data Inspector, who can be contacted by e-mail: ido@fitnessauthority.pl.
  4. 4. Personal data is processed by the Administrator in accordance with applicable law, in particular in accordance with the General Data Protection Regulation, abbreviated as GDPR– Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
  5. Using the Store is voluntary.
  6. 6. Providing access to their personal data by the user of the Store is voluntary, unless the obligation to provide them results from the law.
  7. The Administrator wishes to inform that the lack of consent by the user of the Store to the processing of personal data by the Administrator may result in the inability to conclude a contract and sell goods.
  8. The Administrator takes special care to protect the interests of persons to whom the personal data processed by them relates, and in particular is responsible and ensures that the data collected by them are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing inconsistent with these purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that allows the identification of data subjects for no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.
  9. The administrator implements appropriate technical and organizational measures to ensure that the processing of personal data is carried out in accordance with the law. These measures are reviewed and updated as necessary. Środki te są w razie potrzeby poddawane przeglądom i uaktualniane.

THE PURPOSES AND THE LEGAL BASES OF PROCESSING PERSONAL DATA

  1. The legal basis for the processing of personal data by the Administrator is: (1) the consent of the person to the processing of his personal data – art. 6 sec. 1 lit. a) GDPR or (2) processing is necessary for the performance of a contract to which the data subject is a party – art. 6 sec. 1 lit. b) GDPR.

3. PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN THE STORE.

  1. The Administrator may process personal data of the User of the Store for the following purposes: (1) performance of the contract with the User of the Store, (2) direct marketing, (3) marketing, (4) providing of opinion by the User of the Store about the Administrator or its goods, (5 ) keeping accounting books, (6) conducting cases, in court and out of court, regarding the rights or obligations of the Administrator.
  2. Personal data will be stored until the consent is withdrawn or the legal relationship with the Administrator is terminated (depending on which event takes place later) and 5 years following this event. After this time, personal data will be permanently deleted or archived in such a way that there will be no access to them.

4. PERSONAL DATA RECIPIENTS.

  1. Personal data of users of the Store may be transferred to the following recipients: (1) logistics entrepreneurs, (2) entities handling electronic payments or payments made with a payment card, (3) financial institutions such as banks or savings and credit unions, (4) entities conducting customer satisfaction surveys, (5) entities providing IT or similar services to the Administrator, (6) entities providing accounting, legal or consulting services to the Administrator.

5. PROFILING OF PERSONAL DATA IN THE STORE.

  1. The Administrator may use profiling in the Store for the purposes of direct marketing but decisions made on the basis thereof by the Administrator do not pertain to conclusion of or refusal to conclude any contract agreement whatsoever through the intermediary of the Shop. The effect of using profiling may be the award of a discount to a Customer, reminding about uncompleted purchasing, sending of suggestions concerning the Product which may meet the interests or preferences of a Customer or offering better terms & conditions compared to the standard offer. Despite the profiling, it is the Customer that makes a decision freely whether he/she will want to use the discount received in this way or the better terms & conditions and make a purchase in the Shop.
  2. The profiling consists in automated analysing or forecasting the behaviour of a given Customer in the Shop.

6. RIGHTS OF THE PERSON WHOM THE PERSONAL DATA CONCERN

  1. The user of the Store has the right to (1) access, rectify, limit, delete or transfer his personal data, (2) withdraw consent to the processing of personal data at any time, (3) complain to the supervisory body – in the Republic of Poland: Head of the Office for Personal Data Protection, (4) objection to the processing of personal data.

7. COOKIES POLICY.

  1. The store does not automatically collect any information, except for information contained in the cookie files.
  2. Cookie files (“cookies”) are computer data, in particular text files, stored on the Store User’s end device, and are designed for the use on the Shop website. Cookies typically contain the name of their website of origin, the storage period on the end device and a unique number.
  3. Cookies may be used to:
      • adapting the content of the Store’s websites to the user’s preferences and optimizing the use of websites; in particular, these files allow to recognize the user’s device and properly display the website, tailored to their individual needs;
      • creating statistics which help form a better understanding of how the Stores’s Users interact with websites, which facilitates the improvement of such websites’ structure and content;
      • maintaining the Stores’s User’s session (after logging in), whereby the customer does not have to retype username and password on every sub-page of the Store;
  4. 4. There are two basic types of cookies used by the Store: session cookies and persistent cookies. “Session” cookies are temporary files which are stored on a User’s end device until a User has either logged out, left the website, or turned off the software (web browser). Persistent cookies are stored on a User’s end device for the time specified in the parameters of such cookies, or until they have been deleted by a User.
  5. The following types of cookies may be used within the Store:
        • “necessary” cookies, enabling the use of services available within the Store, e.g. authentication cookies used for services requiring authentication within the Store;
        • cookies used to provide security, e.g. used to detect fraud within the context of authentication within the Store;
        • “performance” cookies, enabling the collection of information on how to use the Store’s web pages;
        • “functional” cookies, enabling “remembering” the settings selected by the user and personalizing the user’s interface, e.g. in terms of the selected language or region from which the user comes from, font size, website appearance, etc.;
        • “marketing” cookies, enabling the provision of marketing content to the user which is more tailored to their interests.
  6. In many cases the default settings of the software used for browsing websites (web browser) allow cookies to be stored on a User’s end device. Users may change their cookie settings at any time. These settings can be changed in such a way as to block the automatic handling of cookies in the web browser settings or to inform about each time they are placed on the user’s device. Detailed information on the possibilities and ways of handling cookies are available in the software (web browser) settings.
  7. The administrator informs that restrictions on the use of cookies may affect some of the functionalities available on the Store’s website.
  8. More information on cookies is available in the “Help” section in the web browser menu.
  9. In matters not regulated, the provisions on personal data shall apply accordingly to cookies.

8. FINAL PROVISIONS

  1. The Store may contain links to other websites. The administrator encourages you to read the privacy policy set out on other websites after you click on the links to other websites. The Privacy Policy refers only to the Online Shop of the Administrator.