Shop Terms and Conditions - WomaNature Warsaw

Terms and conditions of the online shop

www.namoi.pl

§ 1

GENERAL PROVISIONS

The www.namoi.pl shop operates on the terms and conditions set out in these Terms and Conditions.
The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.namoi.pl shop, the rules for the provision of these services, and the terms and conditions for the conclusion and termination of agreements on the provision of services electronically.
Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts using the Electronic Services of the www.namoi.pl shop.
In matters not covered by these Regulations, the provisions shall apply:
1. the Act on Provision of Electronic Services of 18 July 2002,
2. Consumer Rights Act of 30 May 2014,
3. Law on out-of-court resolution of consumer disputes of 23 September 2016,
4. Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE RULES OF PROCEDURE

ORDER FORM - a form available on the website www.namoi.pl that allows you to place an Order.
CUSTOMER - a Customer who intends to conclude or has concluded a Sales Contract with the Seller.
CONSUMER - a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her commercial or professional activity.
ENTERPRISE - a natural person, a legal person and an organisational unit which is not a legal person and to which the law confers legal capacity, conducting a business or professional activity in its own name.
PRODUCT - a movable item available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
REGULATIONS - these regulations of the Store.
SHOP - the Service Provider's online shop operating at www.namoi.pl.
SELLER, SERVICE PROVIDER - Womanature Sp. z o.o. 18 Płatowcowa St., 02-635 Warsaw, NIP: 7011053110.
CONTRACT OF SALE - a contract of sale of a Product concluded between the Customer and the Seller through the Shop.
ORDER - the Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

INFORMATION ON PRODUCTS AND THEIR ORDERING

The shop www. namoi.pl sells Products via the Internet.
The products offered in the Shop are new, in conformity with the contract and have been legally introduced into the Polish market.
The information on the Shop's website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified in its description.
The price of the Product shown on the website of the Shop is given in Polish zloty (PLN) and includes all components. The cost of delivery is borne by the Seller.
Orders can be placed via the website using the Order Form (Shop www. namoi.pl) - 24 hours a day, all year round.
It is a condition of placing an Order in the Shop that the Customer reads the Terms and Conditions and accepts them at the time of placing the Order.

§ 4

CONCLUSION OF THE SALES CONTRACT

In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order via the method made available by the Seller, in accordance with § 3 items 5 and 6 of the Terms and Conditions.
Once an Order has been placed, the Seller shall immediately acknowledge its receipt.
The acknowledgement of receipt of the Order referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order is made by sending an e-mail message.
Confirmation of receipt of the Order includes:
1. confirmation of all essential elements of the Order,
2. withdrawal form,
3. these Terms and Conditions, including instructions on the right of withdrawal.
As soon as the Customer receives the e-mail message referred to in point 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
Each Sales Contract will be confirmed by a proof of purchase, which will be enclosed with the Product.

§ 5

PAYMENTS

Payment for an Order can be made by the Customer's choice of payment methods made available by the Shop:
- by traditional bank transfer to the Shop's bank account no. 82 1020 1068 0000 1502 0364 2642 (PKO BANK POLSKI) - prepayment;
- using the BLIK mobile payment system available on the Shop's website via Krajowy Integrator Płatności Spółka Akcyjna (hereinafter: KIP SA) with its registered office in Poznań, Plac Andersa 3, 17th Floor, 61-894 Poznań - the operator of the Tpay electronic payment gateway;
- using the fast Internet transfers available on the Shop website via the company KIP SA, Plac Andersa 3, 61-894 Poznań - operator of the electronic payment gateway Tpay;
- in cash to the person delivering the consignment with the ordered Products upon collection (cash on delivery);
- by Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro. The online payment service provider for card payments is Tpay, KIP SA, Plac Andersa 3, 61-894 Poznań.
  The payment will be collected when you are redirected to the operator's website immediately after confirming the Order for the selected Products and obtaining a positive payment authorisation.
The Customer is obliged to make payment within 7 working days of placing the Order. If the Order is not paid within this period, the Order will be cancelled.
If cash-on-delivery is selected, the Customer is obliged to make payment on delivery.
In the event that a refund is required for a transaction made by the Customer, the Shop will make the refund:
- to a bank account - in the case of payment for the Order by bank transfer and in the case of payment for the Order in cash, provided that the Customer indicates the bank account number to which the refund is to be made to the Seller;
- in the form of a refund to the payment card used to pay for the Order - if the Order was paid for using a payment card;
- by means of postal order - if the Order was paid in cash and the Customer does not indicate the number of the bank account to which the refund is to be made to the Seller;
- in the form of a refund to the account associated with the BLIK application if the order is paid for using this application.
A VAT invoice will be issued and sent to the Customer for the purchase of the Product. The invoice will be issued as an electronic invoice and sent in PDF format to the email address provided during the Ordering process or made available as a link that the Customer will receive in a separate email. Corrective invoices will be issued and sent in a similar manner.
Please refer to the Shop pages for details of acceptable payment methods.

§ 6

COST, TIMING AND MEANS OF DELIVERY OF THE PRODUCT

The delivery costs of the Product, which are paid by the Customer, are determined during the Ordering process.
The delivery time for the Product consists of the time taken to complete the Product and the time taken for the delivery of the Product by the carrier:
1. The time taken to complete the Products ranges from 1 to 14 working days,
2. delivery of the movable Goods by the carrier shall take place within the period declared by the carrier (delivery shall only take place on working days excluding Saturdays, Sundays and public holidays).
Products purchased from the Shop are shipped exclusively within Poland via courier companies: UPS Healtcare temperature controlled or InPost.

§ 7

PRODUCT COMPLAINT

Claim for non-conformity of the Product with the contract.
1. The basis and scope of the Seller's liability towards the Customer who is a Consumer for the Product's non-conformity with the contract are set out in the Consumer Rights Act of 30 May 2014,
2. The basis and scope of the Seller's liability towards the Customer, who is an Entrepreneur, under warranty are defined in the Civil Code Act of 23 April 1964,
3. The Seller shall be liable to the Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the moment of delivery of the Product and disclosed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting on behalf of the Seller is longer,
4. Notification of non-conformity of the Product with the contract and filing an appropriate request can be made by e-mail to: kontakt@womanature.pl or in writing to the address: Womanature Sp. z o.o. ul. Płatowcowa 18, 02-635 Warsaw, NIP: 7011053110.
5. In the above-mentioned written or electronic message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and your contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
6. for the assessment of irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller and the Seller is obliged to collect it at his own expense,
7. The Seller shall respond to the Customer's request immediately, but no later than within 14 days of the complaint,
8. in the case of a complaint from a Customer who is a Consumer, failure to deal with the complaint within 14 days of its notification is tantamount to accepting it,
9. in connection with a justified complaint from a Customer who is a Consumer, the Seller accordingly:

covers the costs of repair or replacement and of redelivery of the Product to the Customer,
shall reduce the price of the Product (the reduced price must be in the proportion of the price of the goods in conformity with the contract to the goods not in conformity with the contract) and shall reimburse the Consumer the value of the reduced price at the latest within 14 days of receipt of the statement of price reduction from the Consumer,
in the case of withdrawal from the contract by the Consumer - the Seller shall return the price of the Product to the Consumer no later than within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller's expense,
the response to the complaint shall be given on paper or on another durable medium, e.g. by e-mail or SMS.

§ 8

RIGHT OF WITHDRAWAL

Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from the contract without stating reasons by submitting an appropriate declaration within 14 days.
In the event of withdrawal from the agreement, the Sales Agreement shall be considered unconcluded and the Consumer shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to receive it immediately, but no later than 14 days from the date on which he or she has withdrawn from the agreement, unless the Seller has offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry.
In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: Womanature Sp. z o. o. ul. Płatowcowa 18, 02-635 Warszaw, NIP: 7011053110.
The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal and has not provided the Consumer with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer should only handle and inspect the Products in the same manner as he would be able to do so in a stationary shop.
Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with its delivery costs using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement which does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the refund shall be made immediately, and at the latest within 14 days of receipt by the Seller of the notice of withdrawal from the Sales Agreement.
If the Consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method offered by the Shop, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by the Consumer.
If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or provided proof of return, whichever event occurs first.
A Consumer withdrawing from a Sales Contract, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
The fourteen-day period within which the Consumer may withdraw from the contract shall be calculated for the contract in the performance of which the Seller delivers the Product being obliged to transfer its ownership - from the day on which the Consumer (or a third person indicated by him/her other than the carrier) took possession of the Product.
The right of withdrawal from a distance contract does not apply to the Consumer in the case of a Sales Contract, inter alia, in which the subject of the performance is a non-refabricated product, produced to the Consumer's specifications or serving to meet his/her individual needs.
Both the Seller and the Customer have the right to withdraw from the Sales Contract if the other party to the contract fails to fulfil its obligation within a strictly defined period of time.

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider makes it possible through the Shop to use an Electronic Service such as concluding Product Sales Contracts.
The provision of the Electronic Service to Service Recipients in the Store shall take place under the terms and conditions set out in the Terms and Conditions.
The Service Provider has the right to place advertising content on the Shop's website. Such content is an integral part of the Shop and the materials presented therein.

§ 10

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF E-SERVICES CONTRACTS

Provision of the Electronic Service specified in § 9.1 of the Regulations by the Service Provider is free of charge.
The contract for the provision of Electronic Services consisting of the possibility of placing an Order in the Shop is concluded for a definite period of time and is terminated as soon as the Order is placed or the Customer ceases to place it.
Technical requirements necessary to work with the ICT system used by the Service Provider:
1. a computer (or mobile device) with Internet access,
2. access to e-mail,
3. web browser,
4. enable Cookies and Javascript in your web browser.
The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for the personal rights and intellectual property rights of third parties.
The customer is obliged to enter factually correct data.
The recipient is prohibited from providing unlawful content.

§ 11

COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

Complaints relating to the provision of Electronic Services through the Shop may be made by the Customer via e-mail to the following address: kontakt@womanature.pl.
In the above-mentioned e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and your contact details. The information provided will greatly facilitate and expedite the handling of the complaint by the Service Provider.
The Service Provider shall deal with the complaint immediately, no later than within 14 days of the complaint.
The Service Provider's response to a complaint shall be sent to the Client's e-mail address specified in the complaint notification or in any other way specified by the Client

§ 12

FINAL PROVISIONS

Contracts concluded through the Shop are concluded in accordance with Polish law.
If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
A customer who is a Consumer also has the right to make use of out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be reviewed by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
In order to resolve the dispute amicably, the consumer may in particular lodge a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.
Document produced using the automatic generator available at www.lexlab.pl/generator-regulaminu

Shop Rules

Shop Rules