Regulations

Information

REGULATIONS OF ONLINE SHOP

1.

These Regulations define the general conditions, Regulations and manner of sales conducted by the PRODUCTY NATURALNE BEREZIŃSCY spółka jawna with its registered office in Tuszynek Majoracki (post town: Tuszyn), through the online shop www.produktynaturalne.pl (hereinafter referred to as "Online Shop") and sets out the Regulations for the provision of free electronic services by the PRODUKTY NATURALNE BEREZIŃSCY spółka jawna with its registered office in Tuszynek Majoracki (post town: Tuszyn).

§ 1 Definitions

1.

Working days - means the days of the week from Monday to Friday excluding public holidays.

2.

Delivery - means the actual act of delivering the Goods specified in the order by the Seller to a Customer through the Supplier.

3.

Supplier - means Poczta Polska S.A. or another courier company listed on the website of the Online Shop www.produktynaturalne.pl, with the help of which the Seller delivers the Goods.

4.

Password - means a sequence of letter, digital or other characters chosen by a Customer during the Registration process in the Online Shop, used in order to secure access to a Customer's Account in the Online Shop.

5.

Customer - means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided, or with whom a Sales Agreement may be concluded.

6.

Consumer - means a natural person making a legal transaction with the trader which is not directly connected with his/her economic or professional activity.

7.

Customer's Account - means an individual panel for each Customer, launched on its behalf by the Seller, after a Customer has made the Registration and concluded an agreement for the provision of a Customer's Account service.

8.

Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person and to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.

9.

Regulations - means these Regulations.

10.

Registration - means an actual action performed in the manner specified in the Regulations, required in order for a Customer to use all the functionalities of the Internet Shop.

11.

Seller - means the PRODUKTY NATURALNE BEREZIŃSCY spółka jawna located in Tuszynek Majoranckim (95-080 Tuszyn), ul. Starościańska 19A, NIP: 7710010939, REGON: 590066795, KRS: 0000707803; e-mail: naturalis@produktynaturalne.pl , which is also the owner of the Internet Shop.

12.

Shop’s Website - means the website under which the Seller operates the Internet Shop, operating at the domain www.produktynaturalne.pl.

13.

Goods - shall mean a product presented by the Seller via the Shop’s Website which may be subject to a Sales Agreement.

14.

Permanent carrier - means a material or tool enabling a Customer or a Seller to Shop information addressed personally to him in a manner allowing future access to the information for a period of time adequate to the purposes of such information and which allows the reproduction of the Shop information in an unchanged form.

15.

Sales Agreement - means a distance contract of sale, on the terms set out in the Regulations, between a Customer and the Seller.

§ 2 General provisions and use of the Internet Shop

1.

All rights to the Online Shop, including the proprietary copyrights, intellectual property rights to its name, its Internet domain, the Shop's Website, as well as to patterns, forms, logotypes placed on the Shop's Website (with the exception of logotypes and photographs presented on the Shop's Website for the purpose of presenting goods, the copyrights to which are held by third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

2.

The Seller will endeavour to make the use of the Online Shop possible for Internet users with the use of all popular Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Shop's Website are a web browser with at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection with a bandwidth of at least 256 kbit/s. The Shop’s Websiteis optimised for a minimum screen resolution of 1024x768 pixels.

3.

The Seller uses a mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of a Customer's end device while a Customers use the Shop’s Website. The use of cookies is aimed at the proper functioning of the Shop’s Website on a Customers' end devices. This mechanism does not damage a Customer's terminal equipment and does not cause any configuration changes in a Customer's terminal equipment or in the software installed on such equipment. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller points out that disabling cookies may, however, cause difficulties or make it impossible to use the Shop's Website.

4.

In order to place an order in the Internet Shop via the Shop's Website and to use the services provided electronically via the Shop's Website, it is necessary for a Customer to have an active e-mail account.

5.

It is forbidden for a Customer to provide unlawful content and use the Internet Shop, the Shop's Website or free services provided by the Seller, in a manner contrary to the law, morality or violating personal interests of third parties.

6.

The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus and identity protection software for Internet use. The Seller shall never ask a Customer to provide him with a Password in any form.

7.

It is not permissible to use the resources and functions of the Internet Shop for the purpose of conducting business by a Customer, which would violate the interests of the Seller.

§ 3 Registration

1.

In order to create a Customer Account, a Customer is obliged to complete a free of charge Registration.

2.

Registration is not necessary to place an order in the Online Shop.

3.

For Registration, a Customer should fill in the registration form made available by the Seller on the Shop's Website and send the filled in registration form electronically to the Seller by selecting the appropriate function in the registration form. During the Registration process a Customer sets an individual Password.

4.

When filling in the registration form, a Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.

5.

During the Registration process, a Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box on the Registration form. In this case, the Seller clearly informs about the purpose of collecting a Customer's personal data, as well as about the known or anticipated recipients of these data.

6.

A Customer's consent for processing of his/her personal data for marketing purposes does not condition the conclusion of the agreement for electronic provision of the service of maintaining a Customer's Account with the Seller. Consent can be withdrawn at any time by submitting an appropriate declaration of a Customer to the Seller. The declaration can be for example sent to the e-mail address of the Seller.

7.

After submitting the completed registration form a Customer receives immediately, by email to the email address given in the registration form, confirmation of Registration by the Seller. At this moment the agreement on provision of electronic services of running a Customer Account is concluded, and a Customer has the possibility to access a Customer Account and make changes to the data provided during the Registration.

§ 4 Orders

1.

The information contained on the Shop's website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers for the conclusion of a Sales Agreement.

2.

A Customer may place orders in the Online Shop via the Shop's Website 7 days a week, 24 hours a day.

3.

A Customer placing an order via the Shop's website completes the order by selecting the Goods he or she is interested in. The Goods shall be added to the order by choosing the command "TO CART" under the given Goods presented on the Shop's Website. A Customer, after completing the whole order and indicating in the "CART" the way of delivery and the form of payment, places the order by sending the order form to the Seller by choosing the "BUY AND PAY" button on the Shop's website. Each time before sending the order to the Seller, a Customer is informed about the total price for the chosen Goods and Delivery, as well as about all additional costs he or she is obliged to pay in connection with the Sales Agreement.

4.

Placing an order is a submission of an offer by a Customer to the Seller to conclude a Sales Agreement for the Goods subject to the order.

5.

After placing an order, the Seller sends a confirmation to the e-mail address provided by a Customer.

6.

Then, after confirming the order placement, the Seller sends to the e-mail address provided by a Customer information about accepting the order for processing. The information about acceptance of an order for processing is the Seller's declaration of acceptance of the offer referred to in § 4.4 above and upon its receipt by a Customer the Sales Agreement is concluded.

7.

After concluding a Sales Agreement, the Seller confirms its Regulations to a Customer by sending them on a durable carrier to a Customer's e-mail address or in writing to the address indicated by a Customer during the Registration or order placement.

§ 5 Payments

1.

The prices on the Shop's website displayed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which a Customer shall be obliged to incur in connection with the Sale Agreement, of which a Customer shall be informed while selecting the manner of delivery and placing the order.

2.

A Customer may choose the following forms of payment for the ordered Goods:

a)

bank transfer to the Seller's bank account (in this case, processing of the order will be initiated after the Seller has sent a Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);

b)

payment card (VISA or MasterCard) or bank transfer through the external payment system Shoper PAYMENTS, operated by the company Blue Media S.A. based in Sopot (in this case, order processing will begin after the Seller sends a Customer a confirmation of order acceptance and after receiving information from the Shoper PAYMENTS system that the payment has been successfully completed);

c)

cash on delivery, payment to the Supplier at the time of delivery (in this case the processing of the order will be initiated after the Seller has sent a Customer a confirmation of acceptance of the order).

3.

A Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 5 working days if he/she has chosen the prepayment method.

4.

In case a Customer fails to make the payment within the time limit referred to in § 5 item 3 of the Regulations, the Seller shall set an additional time limit for a Customer to make the payment and inform a Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of this term, the Seller shall withdraw from the Sales Agreement. In case of ineffective expiry of the second deadline for payment, the Seller shall send to a Customer, on a durable medium, a declaration on withdrawal from the agreement on the basis of Article 491 of the Civil Code.

§ 6 Delivery

1.

The Seller performs the delivery on the territory of Poland.

2.

The Seller shall be obliged to deliver the Goods being the subject of the Sales Agreement without defects.

3.

The Seller shall publish on the Shop's Website information on the number of working days needed for Delivery and Order processing.

4.

The Delivery and Order completion time indicated on the Shop's Website shall be counted in Working Days in accordance with §5(2) of the Regulations.

5.

The ordered Goods are delivered to a Customer by the Supplier at the address indicated in the order form.

6.

On the day of dispatch of the Goods to a Customer, information confirming dispatch by the Seller is sent to a Customer's e-mail address.

7.

A Customer shall be obliged to examine the delivered package at the time and in the manner usual for packagea of a given type. In case of any defect or damage to the package a Customer shall be entitled to demand from the Supplier's employee to draw up an appropriate report.

8.

The Seller, according to a Customer's will, attaches a receipt to the package being delivered or sends, via e-mail, to the e-mail address provided by a Customer during the Registration, a VAT invoice covering the Goods delivered. The VAT invoice is delivered by means of electronic mail in the form of an electronic file in PDF format. In order to open the file, a Customer should have free software compatible with the PDF format. The Seller recommends for this purpose Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com.

9.

In case of absence of a Customer at the address provided by a Customer when placing the order as the Delivery address, an employee of the Supplier will leave an advice note or attempt to contact a Customer by phone in order to establish the date on which a Customer will be present. If the ordered Goods are sent back to the Online Shop by the Supplier, the Seller will contact a Customer by e-mail or telephone, setting again with a Customer the date and cost of the Delivery.

§ 7 Guarantee

1.

The Seller shall ensure delivery of Goods free from physical and legal defects. The Seller shall be liable to a Customer if the Goods have a physical or legal defect .

2.

If the Goods have a defect, a Customer may:

a)

make a declaration on reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for a Customer replaces the defective Goods with goods free from defects or removes the defect.

b)

demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for a Customer.

The Seller may refuse to satisfy a Customer's request if bringing the defective Goods into conformity with the Sales Agreement in a way selected by a Customer is impossible or, in comparison with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.

3.

A Customer who exercises rights under the guarantee is obliged to deliver a defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.

4.

The Seller shall be liable under the guarantee if a defect is discovered before the Goods expire.

5.

Any complaints related to the Goods or execution of the Sales Agreement, a Customer may address in writing to the address of the Seller.

6.

The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or complaint related to the performance of the Sales Agreement reported by a Customer.

7.

A Customer may submit to the Seller a complaint regarding the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address naturalis@produktynaturalne.pl . A Customer should include a description of the problem in the complaint. The Seller immediately, but not later than within 14 days, considers the complaint and provides a Customer with an answer.

§ 8 Withdrawal from the Sales Agreement

1.

A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.

2.

The period for withdrawal from the Sales Agreement shall start from the moment a Consumer takes possession of the Goods.

A Consumer may withdraw from a Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted for example in writing to the address of the Seller, by e-mail to the address of the Seller. The declaration may be made on a form, a sample form of which has been provided by the Seller on the Shop's Website at the following address: withdrawal form. Sending the declaration before its expiry shall be sufficient to meet the deadline.

A consumer may withdraw from a Sales Agreement by making a declaration of withdrawal to the Seller via a form available on the website at: electronic withdrawal form. Sending the declaration before its expiry shall be sufficient to meet the deadline. The Seller shall immediately confirm to a Consumer the receipt of the form submitted via the website.

3.

In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.

4.

If a Consumer has made a declaration of withdrawal from the Sales Agreement before the Seller has accepted his offer, the offer shall cease to be binding.

5.

The Seller shall promptly, no later than within 14 days from the date of receipt of a Consumer's declaration of withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of delivery of the Goods to a Consumer. The Seller may withhold reimbursement of payments received from a Consumer until receipt of the Goods back or delivery by a Consumer of evidence of having sent back the Goods, depending on which event occurs first.

6.

If a Consumer exercising his/her right of withdrawal has chosen a method of delivery of the Goods other than the least expensive usual means of delivery offered by the Seller, the Seller shall not be obliged to reimburse a Consumer the additional costs incurred by him/her.

7.

A Consumer is obliged to return the Goods to the Seller without delay, but no later than within 14 days from the date of withdrawal from the Sales Agreement. In order to meet the deadline it is sufficient to send back the Goods to the Seller's address before the expiry of this period.

8.

In the case of withdrawal, a Consumer being a Customer shall bear only the direct costs of returning the Goods.

9.

If, due to its nature, the Goods cannot be returned in the usual way by post, the Seller shall inform a Consumer of the costs of returning the item on the Shop's Website.

10.

A Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

11.

The Seller shall refund the payment using the same means of payment used by a Consumer unless a Consumer has expressly agreed to a different method of refund which does not involve any costs to a Consumer.

§ 9 Free of charge services

1.

The Seller provides free of charge electronic services to  Customers:

a)

Contact form;

b)

Newsletter;

c)

Recommend to a friend;

d)

Maintenance of a Customer Account.

2.

The services indicated in §9 section 1 above are provided 7 days a week, 24 hours a day.

3.

The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected listed services, of which it will inform  Customers in a manner appropriate for the change of the Regulations.

4.

The Contact Form service consists in sending a message to the Seller using a form placed on the Shop's Website.

5.

Resignation from the free of charge Contact Form service is possible at any time and consists in ceasing to send queries to the Seller.

6.

The Newsletter service shall be available to any Customer who enters his/her e-mail address, using for this purpose the registration form made available by the Seller on the Shop website. After submitting the filled in registration form, a Customer will immediately receive an activation link via email to the email address indicated in the registration form in order to confirm subscription to the Newsletter. As soon as a Customer activates the link, an agreement on Newsletter service provision by electronic means shall be entered into.

A Customer may additionally, during the Registration process, tick the appropriate box in the Registration form in order to subscribe to the Newsletter service.

7.

Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who subscribed to it.

8.

Each Newsletter addressed to a Customers' data shall contain in particular: information about the sender, filled in "subject" field, defining the content of the message and information about the possibility and manner of resignation from the Newsletter free of charge service.

9.

A Customer may unsubscribe from the Newsletter at any time by clicking on the unsubscribe link in each email sent as part of the Newsletter service or by deactivating the relevant field in a Customer Account.

10.

The free of charge Refer to a Friend service consists in enabling the Seller to send by  Customers to a friend, an e-mail message regarding chosen Goods. Before sending the message, a Customer defines the Goods to be recommended, and then, using the "Recommend to a Friend" feature, fills in the form by providing his e-mail address and the e-mail address of the friend to whom he wants to recommend the chosen Goods. A Customer may not use this service for any other purpose than the referral of the selected Goods. A Customer does not receive any remuneration or any other type of benefit for using the service.

11.

Resignation from the free of charge Refer a Friend service is possible at any time and consists in ceasing to send recommendations of selected Goods to a Customer's friends.

12.

A Customer Account service is available after registration according to the Regulations described in the Regulations and consists in making available to a Customer a dedicated panel within the Shop's Website, enabling a Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.

13.

A Customer who has made a Registration may submit a request for removing a Customer Account to the Seller, however, in the case of submitting a request for removing a Customer Account by the Seller, it may be removed up to 14 days after submitting the request.

14.

The Seller is entitled to block access to a Customer's Account and free services if a Customer acts to the detriment of the Seller or other Customers, a Customer violates the law or the provisions of the Regulations, and also when blocking access to a Customer's Account and free services is justified by security reasons - in particular: breaking security of the Shop's website by a Customer or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue which constitutes the basis for blocking access to a Customer Account and free services. The Seller shall notify a Customer about blocking the access to a Customer's Account and free services by e-mail to the address provided by a Customer in the registration form.

§ 10 Protection of personal data

1.

The principles governing the protection of Personal Data are set out in the Privacy Policy.

§ 11 Termination of an agreement (not applicable to Sales Agreement)

1.

Both a Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.

2.

A Customer who has made the Registration terminates the agreement for provision of services by electronic means by sending an appropriate declaration of will to the Seller, using any means of remote communication allowing the Seller to get acquainted with a Customer's declaration of will.

3.

The Seller terminates the agreement for provision of services by electronic means by sending an appropriate declaration of intent to a Customer at the e-mail address provided by a Customer during Registration.

§ 12 Final provisions

1.

The Seller shall be liable for non-performance or undue performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of losses actually incurred by a Customer who is an Entrepreneur.

2.

The content of these Regulations may be recorded by printing, saving to a medium or downloading at any time from the Shop's Website.

3.

In the event of a dispute arising from a concluded Sales Agreement, the parties will seek to resolve the matter amicably. Polish law shall be applicable to the resolution of any disputes arising under these Regulations.

4.

The Seller informs a Customer who is a Consumer about the possibility to use out-of-court complaint handling and claim investigation procedures. The Regulations of access to these procedures are available at the registered offices or websites of entities entitled to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Urząd Ochrony Konkurencji i Konsumentów. The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform of the Internet system of dispute resolution between consumers and entrepreneurs at the EU level (ODR platform).

5.

The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the effective date of the new Regulations are fulfilled on the basis of the Regulations that were in force on the date the order was placed by a Customer. The change to the Regulations comes into force within 7 days of their publication on the Shop's website. The Seller will inform a Customer 7 days before the new Regulations come into force about the change of the Regulations by an e-mail message containing a link to the text of the changed Regulations. If a Customer does not accept the new content of the Regulations they are obliged to inform the Seller about it, which results in termination of the agreement according to the provisions of §11 of the Regulations.

6.

Agreements with the Seller shall be concluded in the Polish language.

7.

The Regulations shall enter into force on 08.06.2020.