TERMS AND CONDITIONS
These terms and conditions apply to online shop operating at LostwithBotanicals.com (Online shop).
1. The owner of Online shop is Rebelique Anna Kuczer-Ślepaczuk with its registered office and address in Warsaw (02-796) Wąwozowa Street 18 /127, having NIP number: 5372135526, REGON: 362699287, e-mail: firstname.lastname@example.org (Owner of LostwithBotanicals.com, Personal Data Administrator, Seller, Service Provider).
2. Customer – an individual with full legal capacity, and in the cases provided for by the generally applicable rules also an individual with limited legal capacity; (2) a legal person; or (3) an unincorporated organisational unit with legal capacity granted under a separate law, who has entered or intends to enter into a Contract of Sale with the Seller,
3. Order form – an element available in the Online shop that allows for Orders to be submitted, in particular by adding Products to the electronic basket, and determining the conditions of the Contract of Sale, including payment and delivery methods,
4. Newsletter – an Electronic Service, the electronic distribution service provided by the Service Provider via e-mail which allows all Users to automatically receive from the Service Provider periodic contents of the subsequent issues of the newsletter with Product information, news and special offers available in the Online Shop or other activities of the Owner of LostwithBotanicals.com,
5. Seller, Service provider, Personal Data Administrator means the Owner of LostwithBotanicals.com,
6. Online shop – the online shop of the Service Provider, available at LostwithBotanicals.com,
7. Products - goods available in the Online shop which are the subject of the Contract of Sale between the Customer and the Seller.
8. Contract of sale - a contract to be concluded by and between the Customer and the Seller via the Online Shop.
9. Order – the statement of intent of the Customer made by filling out the Order Form and directly intended to conclude the Contract of Sale for the Product with the Seller,
10. Electronic service – a service provided electronically by the Service Provider to the Customer via the Online Shop.
II. ORDER PLACEMENT
1. Before placing an order Customer should read and accept Terms and Conditions. Placing an order is equal to Terms and conditions acceptance.
2. The Online shop service is available 7 days a week, 24h a day, with the exception of technical breaks and in the case of other unpredictable events.
3. In case of longer time when Online shop is unavailable and orders cannot be placed, the Seller will inform the Customer by placing the appropriate information in the Online shop.
4. Customer can place an order by choosing the products in the Online shop and adding them to the cart.
5. After adding the products to the cart, the Customer confirms placing an order by pressing the button „BUY AND PAY”.
6. Once the Order is placed, the Seller will forthwith confirm receipt of the Order, and accept the Order for completion. This is done by sending to the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The e-mail is to include at least the statement by the Seller that the Order was received and accepted for completion, and the confirmation of the Contract of sale conclusion.
7. The Contract of sale between the Customer and the Seller is concluded once the Customer receives the said e-mail.
8. In case when the Customer will not receive the confirmation of the order within 2 working days the contract of sale is not accepted and concluded.
9. The Product price displayed in the Online shop is stated in Polish zloty or in euro, depending on the Customer’s choice, and includes taxes. The Customer is informed about the total price, inclusive of any taxes, of the Product, which is the subject of the Order, as well as the delivery costs (including charges for shipping, delivery and postal services) and other costs, and if it is not possible to determine the amount of these costs, the Customer is informed of the obligation to pay them. This information is provided to the Customer in the Online shop when the Order is placed, and also at the time when the Customer expresses their intent to be bound by the Contract of sale.
10. The Seller will make available to the Customer the following methods of payment for the Contract of sale:
a) Cash on delivery (only for Orders with delivery in Poland),
b) Transfer to the Seller’s bank account,
c) Electronic payments (on-line payment) – payments are cleared in accordance with the Customers choice through transfer agent: Blue Media S.A. with its registered office in Sopot, Powstańców Warszawy Street 6, 81-718 Sopot, registered in the District Court Gdańsk-Północ VIII Commercial division KRS under no 0000320590, NIP 585-13-51-185, REGON 191781561. The security of thereof payments ensures Blue Media S.A. (www.bluemedia.pl).
d) Credit/electronic card payments - Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. payments are cleared in accordance with the Customers choice through transfer agent: Blue Media S.A. with its registered office in Sopot, Powstańców Warszawy Street 6, 81-718 Sopot, registered in the District Court Gdańsk-Północ VIII Commercial division KRS under no 0000320590, NIP 585-13-51-185, REGON 191781561. The security of thereof payments ensures Blue Media S.A. (www.bluemedia.pl). In case of return of payment made with card, Seller will refund the amount to the bank account which is connected with the payment card.
III. PRODUCT DELIVERY
1. The Product will be delivered within the territory of Poland and other countries around the world.
2. The Product will be delivered to the Customer against a charge, unless the Contract of sale provides otherwise. The cost of Product delivery (including charges for shipping, delivery and postal services) are specified to the Customer in the Online shop in the tab with the information concerning delivery costs and when the Order is placed, and also when the Customer expresses their intent to be bound by the Contract of Sale.
3. In case of incorrect address of shipping or telephone number entered by Customer in the order form– the Seller will resend the order (after receiving it back) against the charge paid by Customer.
4. If the Customer opted to pay by transfer, card or electronically, the delivery time will commence from time of crediting the Sellers account. If the Customer opted to pay by cash on delivery, the delivery time will lapse from the date of the Contract of sale.
5. Products are delivered via the Messenger service, Pack Boxes (Paczkomaty) in Poland, and by registered and official mail abroad.
6. The orders are delivered within the territory of Poland within 3 working days after shipment. For he orders sent abroad, delivery takes place within the period specified in the rules of the entity executing it (the post).
IV. ELECTRONIC SERVICES IN THE ONLINE SHOP
1. Electronic Services are available in the Online Shop: Order Form and Newsletter.
2. Order Form – User starts using the Order Form when adds the first Product to the electronic basket in the Online Shop. The Order is placed once the User completes two consecutive steps jointly – fill in the Order form and clicks "BUY AND PAY" after filling in the Order form in the Online shop. It is necessary for the Customer to provide the following details of the Customer in the Order form: name and surname / company name, address (street, house/ flat number, post code, town, country), email address, contact telephone number and information for the Contract of sale: Product(s), quantity of the Product(s), place and method of delivery, method of payment. In case of Customers who are not consumers it is also necessary to provide the company name and tax identification number.
3. The Order form Electronic Service is provided free of charge and it is a one-off service. It terminates, once the Order is placed with the use of the Order form or once the Order is abandoned by the Customer before it is placed.
4. Newsletter - User also signs up for the newsletter by selecting the appropriate checkbox when sets up the Account.
5. The Newsletter Electronic Service is provided free of charge for an indefinite period. It is possible for the User, at any time and without having to provide the reason for this, to opt out of the Newsletter (cancel the Newsletter subscription) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: shop@LostwithBotanicals.com or in writing to the address: Wąwozowa 18/127 02-796 Warszawa,
6. The User is bound to use the Online shop in line with the law and in a decent manner, with respect for the personal rights and the copyrights and intellectual property rights of the Service Provider and third parties. The User is bound to enter true details. It is prohibited for the User to provide illegal information.
7. User may file any complaints related to the Electronic Services provided by the Service Provider and any other complaints concerning operation of the Online shop, for example: in writing to the address of Service provider or in an electronic version by e-mail to the address: shop@LostwithBotanicals.com
8. It is recommended that User provides the following details in the description of the complaint: a) the information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities, b) claims, c) the contact details of the claimant.
9. This will facilitate and expedite the processing of the complaint by the Service Provider. The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of a complaint made without the recommended description of the complaint. The complaint will be processed by the Service Provider immediately, not later however than within 14 calendar days from the date of it being made.
V. RIGHT TO WITHDRAW
1. The right to withdraw from a distance contract will not apply according to the Act on Consumer Rights of 30 May 2014 (Dz.U. 2014, item 827) due to the specific Products i.e. where the subject of the contract is a perishable Product and a Product with a short shelf life as also where the subject of the contract is a Product delivered in sealed packaging, which, after the packaging is opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after the delivery.
2. Thereof Customer by accepting Terms and Conditions acknowledges, that ordered products are not subject to withdraw.
3. The grounds and scope of liability of the Seller to the Customer for a physical or legal defect (statutory warranty) in the Product sold are defined in the generally applicable laws, including but not limited to the Civil Code (in particular in art. 556 through 576 of the Civil Code). For Contract of Sales entered into before or on 24 December 2014, the grounds and scope of the liability of the Seller to the Customer, who is an individual and who purchases the Product for a non-business or non-professional purpose, for non-compliance of the Product with the Contract of Sale are defined in the generally applicable laws, including but not limited to the act dated 27 July 2002 on specific conditions of consumer sales and on amendment to the Civil Code (Dz.U. (journal of laws) No. 141 item 1176, as amended).
4. The Seller is required to provide a Product free of defects to the Customer.
5. The Customer may file a complaint in writing to the address of Seller or in an electronic version by e-mail to the address: shop@LostwithBotanicals.com.
6. It is recommended that the Customer provides the following details in the description of the complaint: a) the information and circumstances concerning the subject of the complaint, in particular the type and date that the defect is identified; b) claims as to the manner of bringing the Products in line with the Contract of Sale or statement of price discount or withdrawal from the Contract of Sale; and c) the contact details of the claimant. This will facilitate and expedite the processing of the complaint by the Seller. The requirements listed in the previous sentence are recommended only and do not affect the effectiveness of a complaint made without them.
7. The complaint will be processed by the Seller immediately, not later than within 14 calendar days from the date of it being made. No response by the Seller within the term stated above means that the Seller accepted the complaint.
8. A Customer, who exercises their rights under statutory warranty, is required to deliver, at their own expense, the defective Product to the Seller address.
9. Detailed information on the Customer's (consumer's) options for non-judicial methods of complaint handling and seeking redress as well as rules of access to these procedures are available on the premises and websites of county (municipal) consumer ombudsmen, social organizations with statutory tasks that include consumer protection, the Provincial Trade Inspection Authorities and on the following websites of the Office for Competition and Consumer Protection.
10. The Customer (as consumer) has, for example, the following options of non-judicial means of handling complaints and seeking redress. The Customer has the right to apply to the permanent consumer arbitration court as referred to in art. 37 of the Trade Inspection Act dated 15 December 2000 (Dz.U. (journal of laws) of 2001 no. 4 item 25, as amended) for resolution of a dispute that arose under the Contract of Sale. The Rules of organization and operation of the permanent consumer arbitration courts are determined in the regulation by the Minister of Justice dated 25 September 2001 on the rules of organization and operation of permanent consumer arbitration courts (Dz.U. (journal of laws) 2001 no. 113 item 1214).
11. The Customer has the right to apply to the provincial officer of Trade Inspection as prescribed in art. 36 of the Trade Inspection Act dated 15 December 2000 (Dz.U. (journal of laws) of 2001 no. 4 item 25, as amended) for a mediation procedure to be commenced to resolve the dispute between the Customer and the Seller amicably. The information on the rules and manner of mediation procedure conducted by the provincial officer of Trade Inspection is available on the premises and websites of the individual Provincial Authorities of Trade Inspection.
12. The Customer may receive free aid in the resolution of dispute between the Customer and Seller, using the free assistance of a commune (municipal) consumer ombudsmen or a social organization with statutory tasks that include consumer protection (such as Federacja Konsumentów (Federation of Consumers), Stowarzyszenie Konsumentów Polskich (Polish Consumer Association)), Advice is provided by the Federation of Consumers on email@example.com and by the Association of Polish Consumers through the free consumer helpline 800 889 866.
13. Moreover, a EU-operated online platform for resolution of disputes between consumers and business operators is available on http://ec.europa.eu/consumers/... platform). The ODR platform is an interactive and multilingual website with comprehensive customer service for consumers and business operators seeking a non-judicial resolution of a dispute concerning contractual obligations arising under an online sale or service contract.
2. The Administrator of personal data collected via the Online shop is Rebelique Anna Kuczer-Ślepaczuk with its registered office in Warsaw (registered office address and service address: ul. Wąwozowa 18/127, 02-796 Warszawa),
3. Any personal data of a User and a Customer are processed in accordance with the [Polish] Personal Data Protection Act dated 29 August 1997 (Dz.U. (journal of laws) of 1997 no. 133 item 883, as amended), (hereinafter referred to as: The Personal Data Protection Act and the Electronic Services Act dated 18 July 2002 (Dz.U. (journal of laws) of 2002 no. 144 item 1204, as amended).
4. Administrator will exercise all care in order to protect the interests of the data subjects and, in particular, ensure that the collected data is processed by the Administrator in accordance with the law; collected for identified legitimate purposes and not processed further not in line with these purposes; correct and relevant in relation to the purposes for which they are processed and are stored in a form, which permits identification of data subjects no longer than it is necessary to achieve the purpose of the processing.
5. The purpose, extent and recipients of the data processed by the Administrator are each time the outcome of actions taken by the User or the Customer in the Online Shop. For example, if the Customer opts for personal pick up instead of messenger service when placing the Order, their personal data will be processed with a view to conclude and perform the Contract of Sale, but they will not be made available to the carrier, which handles deliveries on behalf of the Administrator.
6. Personal data of the Users or the Customer are collected by the Administrator for the following purposes: a) to enter and perform the Contract of Sale or the contract for the provision of Electronic Services (e.g. Account), b) to run direct marketing of the Administrator’s own products or services, c) to have the Customer provide a review for the concluded Contract of Sale.
7. The Administrator can process the following personal data of Users or Customers using the Online Shop: name and surname; e-mail address; contact telephone number; delivery address (street, house number, unit number, postcode, city/town, country), residential/business/registered office address (if different from delivery address). For non-consumer Users or Customers, the Administrator can also process the company name and tax identification number (NIP) of the user or the Customer.
9. The provision of personal data is voluntary for the User or the Customer, but the failure to provide personal data required in the Online Shop or the T&C of the Online Shop that are necessary for the conclusion or performance of the Contract of Sale or the contract for the provision of Electronic Services will make it impossible to conclude such contract. The processing of personal data of the User or the Customer is required for [the Seller or the Service Provider] to perform the contract or undertake actions requested by the User or the Customer prior to the conclusion of the contract. In the case that the data is processed for direct marketing purposes of the Administrator’s own products or services, the grounds for such processing is (1) the prior consent of the User or the Customer, or (2) the serving of legally justified purpose by the Administrator (in accordance with art. 23 par. 4 of the Personal Data Protection Act the legally justified purpose shall mean, in particular, direct marketing of the Administrator’s own products or services). In the case that the data is processed to obtain a Customer’s review concerning the Contract of Sale concluded, the grounds for such processing is the consent of the User or the Customer.
VIII. FINAL PROVISIONS
1. Any matters not regulated herein are subject to the relevant provisions of the applicable Polish laws, including but not limited to: the Civil Code; the electronic services act dated 18 July 2002 (Dz.U. (journal of laws) of 2002 No. 144 item 1204, as amended); for contract of sales entered into with consumers before or on 24 December 2014 - the provisions of the act dated 2 March 2000 on the protection of certain consumer rights and liability for damage caused by hazardous products dated 2 March 2000 (Dz.U. (journal of laws) of No. 22 item 271, as amended) and the act dated 27 July 2002 on specific conditions of consumer sales and on amendments to the Civil Code (Dz.U. (journal of laws) of No. 141 item. 1176 as amended); for contract of sales concluded with consumers after 25 December 2014 - the provisions of the act dated 30 May 2014 (Dz.U. (journal of laws) 2014.827, as amended); and other relevant provisions of the generally applicable law.
2. Any questions, opinions and conclusions concerning the functioning of the Online shop and the statements submitted to the Seller in an electronic form should be directed to the following email address: shop@LostwithBotanicals.com.
3. The provisions of the Terms and conditions in force on the date of the agreement of sales concluded between the Seller and the Buyer shall apply.