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Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE olanaturalnie.com

1. GENERAL PROVISIONS
1. The online store: olanaturalnie, operating at: olanaturalnie.com, is run by: A.S.J. SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at: KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland, Tax Identification Number (NIP): 6731770419. 2. These Terms and Conditions of the Online Store set out the rules for making purchases in the olanaturalnie online store, in particular the rules and procedure for concluding distance sales agreements through the Store, as well as the complaint procedure and the procedure for withdrawal from the agreement by the Consumer. 3. With regard to services provided electronically, these Terms and Conditions constitute the terms and conditions referred to in Article 9 of the Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws of 2024, item 1513, as amended). 4. These Terms and Conditions are addressed to all Customers of the Store. All Customers are required to read the provisions of these Terms and Conditions before making a purchase. 5. Each Customer is required to comply with the provisions of these Terms and Conditions. Sales are carried out on the basis of the version of the Terms and Conditions in force at the time the order is placed. 6. Each Customer may review these Terms and Conditions at any time by clicking the “Terms and Conditions” hyperlink on the Store’s website: olanaturalnie.com. The Terms and Conditions may be downloaded and printed at any time. 7. All information contained on the Store’s website: olanaturalnie.com, relating to products, including prices, does not constitute an offer within the meaning of Article 66 of the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2024, item 1061, as amended), but an invitation to conclude an agreement within the meaning of Article 71 of the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2024, item 1061, as amended). By submitting the Order Form, the Customer makes an offer to purchase and have delivered the indicated Goods at the price and on the terms specified in the description.
2. DEFINITIONS
Terms and Conditions – this set of regulations governing the rules for the use of the Store’s Services by Customers. Consumer – a natural person entering into an Agreement through the Store for purposes not directly related to their business or professional activity. Entrepreneur with Consumer Rights – a natural person entering into a civil law Agreement through the Store, directly related to their business activity, where the content of that Agreement indicates that it is not of a professional nature for that person, in particular having regard to the subject matter of their business activity disclosed pursuant to the provisions governing the Central Register and Information on Business Activity. For the purposes of these Terms and Conditions, where no distinction is made between the two groups referred to above, the Terms and Conditions shall apply both to Consumers and to Entrepreneurs with Consumer Rights. Customer – a natural person (including a Consumer) who is at least 13 years of age (provided that they have obtained the consent of their legal representative), a legal person, or an organizational unit without legal personality to which specific provisions grant legal capacity, using the Services provided by the Store. Order Form – a Service available on the Store’s website through which the Customer may make a purchase, in particular by adding Goods to the Cart and specifying certain terms of the Sales Agreement, including the method of delivery and payment. Cart – an element of the Store in which the Goods selected by the Customer are displayed and where the Customer may determine and modify the details of the Order, including the quantity of Products being purchased. Store – an online trading platform owned by the Seller, available at the domain: olanaturalnie.com, through which the Customer may purchase Goods from the Seller. Seller – A.S.J. SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at: KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland, Tax Identification Number (NIP): 6731770419, which, in the course of its business or professional activity, offers Goods for sale through its website. Goods – a movable item that is the subject of transactions between the Store and the Customer, the terms of sale of which are specified in the Order Form. Goods with Digital Elements – goods containing or interconnected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent the goods from functioning properly. Product – any goods or services, including real estate, digital services and digital content, as well as rights and obligations. Digital Environment – computer hardware, software and network connections used by the Consumer to access or use digital content or a digital service. Integration – the linking and incorporation of digital content or a digital service with or into components of the Consumer’s digital environment in order to ensure compliance with the Agreement for the supply of digital content or a digital service. Compatibility – the ability of digital content, a digital service or goods to function with computer hardware or software that is normally used with digital content, digital services or goods of the same type, without the need to modify or convert them. Functionality – the ability of digital content, a digital service or goods to perform their functions having regard to their intended purpose. Interoperability – the ability of digital content, a digital service or goods to function with computer hardware or software other than that normally used with digital content, digital services or goods of the same type. Online Marketplace – a service using software, including a website, part of a website or an application, operated by or on behalf of an entrepreneur, which enables Consumers to conclude distance contracts with other entrepreneurs, or enables natural persons who are not entrepreneurs to conclude distance contracts with other natural persons who are not entrepreneurs. Online Marketplace Provider – an entrepreneur who operates an online marketplace, provides entities with an online marketplace, or enables the use of such a marketplace. Agreement – a distance sales agreement for Goods concluded by the Customer through the Store, usually by means of the Order Form.
3. ACCEPTANCE AND PROCESSING OF ORDERS
1. The condition for using the Store is to read and accept these Terms and Conditions. By placing an order, the Customer accepts the content of these Terms and Conditions. 2. The main parameters determining the ranking of offers presented to the Consumer as a result of a search, also displayed in direct connection with a given offer in a clearly visible manner, are as follows: Products with the highest sales are displayed first. 3. The Store identifies sponsored offers and paid advertisements. This information is presented in direct connection with the relevant search result, in a clearly visible manner that distinguishes it from the general interface. 4. The price indicated in the order constitutes the total amount that the Customer is required to pay, including the applicable tax (gross price). Delivery costs are not included in the price, as they depend on the delivery method selected by the Customer. 5. If the Consumer is required to make any payment exceeding the agreed price described in the preceding paragraph, the Store shall immediately inform the Consumer of this fact and explain the reason for the difference in price. The Consumer shall only be charged additional costs after giving their express consent. 6. The Seller reserves the right to change prices displayed in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or make changes to such campaigns, in accordance with applicable law. 7. If a promotion is introduced, the Store shall inform Customers of the lowest price of the Product during the previous 30 days. If the Product has been offered for sale for less than 30 days, the price before the promotion shall be the lowest price applicable from the date the Product was introduced into the Store. This information shall be displayed next to the promotional price of the Product. 8. Orders from Customers are accepted through the Order Form submitted via the website: olanaturalnie.com or by email at: kontakt@olanaturalnie.com, 7 days a week, 24 hours a day. 9. An order for a Product is placed by selecting the Goods the Customer is interested in, clicking the “ADD TO CART” button located next to the Product description, and then, from the “CART” section available in the Store, completing the Order Form, including selecting the delivery and payment method or choosing the cash-on-delivery option, if available for the selected Product, and then clicking the purchase confirmation button. 10. Entrepreneurs with Consumer Rights should indicate, at the time of placing an order for Products, that the purchase is not of a professional nature for them. 11. After placing an order, the Customer shall receive confirmation of the submitted order at the email address provided in the Order Form. 12. After the Customer receives confirmation that the offer has been accepted, the Seller begins processing the order, whereby: a) in the case of an order payable on delivery – processing begins no later than the next business day after confirmation by the Seller. b) in the case of an order paid by traditional bank transfer – processing begins after the payment for the order has been credited to the Store’s bank account. 13. Orders placed in the Store are processed during the Store’s business hours (on business days, Monday to Friday, from 7:00 to 18:00). Orders placed on business days after 18:00, on Saturdays, Sundays or public holidays shall be processed on the next business day. 14. The Customer shall receive a message confirming that the order has been accepted for processing, which shall be understood as the Seller’s declaration of acceptance of the offer. Upon receipt of this message by the Customer, the Sales Agreement is concluded. 15. A VAT receipt is issued for each order. At the Customer’s request, a VAT invoice shall also be issued and sent to the Customer (Article 106b(3) of the Act of 11 March 2004 on Tax on Goods and Services, consolidated text: Journal of Laws of 2023, item 1570, as amended). 16. The available means of communication between the Customer and the Store are: a) Email – kontakt@olanaturalnie.com b) Telephone – 694679436 c) Correspondence address – KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland d) Address for exercising the right of withdrawal from the Agreement: KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland 17. The Seller does not verify the authenticity of Customer reviews concerning Products purchased in the Store. 18. Any opinions or recommendations prepared as part of a paid commission from the Seller shall be marked in the Store as sponsored opinions or recommendations.
4. DELIVERY AND SHIPPING COSTS
1. Orders placed in the Store are shipped via: – parcel locker, – courier. 2. Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays and public holidays will be processed on the next business day. 3. The usual delivery time is approximately 3 days. The waiting time includes the order processing time, i.e. preparing and completing the Products included in the order, as well as the estimated delivery time, which is from 24 hours in the case of deliveries within Poland. 4. The Seller shall not be liable for delays caused by the carrier. 5. When receiving a shipment delivered by courier, the Customer should carefully inspect, in the courier’s presence, the contents and completeness of the shipment, the condition of the external packaging, and the condition of the ordered Product. If the shipment is damaged, the Customer should prepare a damage report together with the courier in two identical copies, signed by both the Customer and the courier. 6. It is possible to collect the ordered Product in person from the physical Store at the following address: KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland.
5. PAYMENT PROCESSING
1. The following payment methods are available in the Store: a) cash on delivery – payment upon receipt of the shipment; b) bank transfer to the following bank account: 06 1020 2791 0000 7502 0232 8243; 2. Detailed rules and conditions for making payments through banks or other available payment services are set out in the applicable terms and conditions of the relevant banks and service providers. 3. A Customer who chooses payment by bank transfer is required to pay for the order within five (5) business days from the date the order is placed. Otherwise, the Seller’s offer shall no longer be binding and the order will be removed from the system. It is sufficient to provide only the order number in the payment reference. The payment deadline may be extended provided that the Store’s customer service is informed in advance: kontakt@olanaturalnie.com (email), 694679436 (telephone), KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland.
6. COMPLAINTS
1. The Seller is liable for any lack of conformity of the Product with the Agreement. The provisions of the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended) concerning statutory warranty for defects shall not apply to agreements obliging the transfer of ownership of Goods to a Consumer, including in particular sales agreements, supply agreements and contracts for specific work where the subject matter is Goods. 2. The Seller shall be liable for any lack of conformity of the Product with the Agreement that existed at the time of delivery and is revealed within two (2) years from that time, unless the period of usability of the Product, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. It shall be presumed that any lack of conformity of the Product with the Agreement revealed before the expiry of two (2) years from the time of delivery existed at the time of delivery, unless proven otherwise or unless such a presumption is incompatible with the specific nature of the Product or the nature of the lack of conformity. 3. If the Product does not conform to the Agreement, the Consumer may demand its repair or replacement. The Seller may replace the Product when the Consumer requests repair, or repair the Product when the Consumer requests replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement. 4. The Seller shall repair or replace the Product within a reasonable time from the moment the Consumer informs the Seller of the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, including in particular postage, transport, labour and materials, shall be borne by the Seller. For this purpose, the Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at its own expense. If the Product was installed before the lack of conformity became apparent, the Seller shall remove the Product and reinstall it after repair or replacement, or shall arrange for these activities to be carried out at its own expense. 5. If the Product does not conform to the Agreement, the Consumer may submit a statement requesting a price reduction or withdrawal from the Agreement where: a) the Seller has refused to bring the Product into conformity with the Agreement; b) the Seller has failed to bring the Product into conformity with the Agreement; c) the lack of conformity of the Product with the Agreement continues despite the Seller having attempted to bring the Product into conformity with the Agreement; d) the lack of conformity of the Product with the Agreement is sufficiently serious to justify a price reduction or withdrawal from the Agreement without first requesting repair or replacement; e) it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer. 6. The reduced price must remain in the same proportion to the price resulting from the Agreement as the value of the Product that does not conform to the Agreement bears to the value of a conforming Product. The Seller shall refund to the Consumer the amounts due as a result of exercising the right to a price reduction immediately, but no later than within fourteen (14) days from the date of receipt of the Consumer’s statement requesting the price reduction. 7. The Consumer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is insignificant. It shall be presumed that the lack of conformity of the Product with the Agreement is significant. 8. In the event of withdrawal from the Agreement, the Consumer shall immediately return the Product to the Seller at the Seller’s expense. The Seller shall refund the price to the Consumer immediately, but no later than within fourteen (14) days from the date of receipt of the Product or proof of its return, using the same method of payment as that used by the Consumer, unless the Consumer has expressly agreed to another method of reimbursement that does not involve any costs for the Consumer. 9. Complaints concerning Products may be submitted: a) in writing, to the Seller’s registered office address: KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland; b) by email, to: kontakt@olanaturalnie.com. 10. A complaint should include: a) details of the person submitting the complaint (full name, correspondence address, email address and contact telephone number); b) the reason for the complaint and the content of the request; c) the Order number shown in the confirmation of acceptance of the Order; d) the original or a copy of the proof of purchase (e.g. a receipt or invoice) may facilitate the complaint process, but is not required in order to submit a complaint. 11. The above provisions do not exclude the possibility of the Seller granting a warranty for the purchased Products, which may be governed by separate warranty terms and conditions.
7. RIGHT OF WITHDRAWAL
1. Pursuant to the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the Agreement concerning Products purchased in the Store, without giving any reason, by submitting an appropriate written statement within fourteen (14) days from the date of delivery of the Goods (i.e. from the date on which the Goods are received by the Consumer). This deadline shall be deemed met if the Consumer sends the statement before its expiry. 2. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. A model withdrawal statement constitutes Appendix No. 1 to these Terms and Conditions. 3. The statement of withdrawal from the Agreement should be sent to the following address: KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland. 4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which the Consumer withdrew from the Agreement. The deadline shall be deemed met if the Goods are sent back before its expiry. 5. The Consumer shall bear only the direct cost of returning the Goods. 6. The Goods should be returned to the Seller at the following address: KOŚCIUSZKI 48 B, 78-400 SZCZECINEK, WEST POMERANIAN VOIVODESHIP, Poland. 7. Within fourteen (14) days from the date of receipt of the statement of withdrawal from the Agreement, the Seller shall reimburse the Consumer for all payments made by the Consumer, including the cost of delivery of the Goods, provided that the Seller may withhold reimbursement until the Goods have been returned or until the Consumer provides proof that the Goods have been sent back. 8. If the Consumer selected a method of delivery other than the least expensive standard delivery method offered by the Seller, the Seller shall not be required to reimburse the Consumer for any additional costs incurred. 9. The Seller shall make the reimbursement using the same payment method that the Consumer used for the original transaction. 10. The Consumer shall be liable for any reduction in the value of the Product resulting from handling it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product. 11. The Consumer shall not have the right to withdraw from the Sales Agreement in relation to an Agreement: a) for the supply of Goods that are not prefabricated and have been manufactured according to the Consumer’s specifications or are intended to satisfy the Consumer’s individual needs; b) for the supply of Goods which are liable to deteriorate rapidly or have a short shelf life; c) for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the Agreement, delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; d) for the supply of Goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery; e) for the supply of Goods which, after delivery, due to their nature, are inseparably combined with other goods; f) for the supply of audio or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery; g) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements; h) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; i) for the supply of Goods with digital elements, digital services or digital content not supplied on a tangible medium, for which the Consumer is required to pay a price, where the Seller began performance with the Consumer’s express prior consent, after informing the Consumer before the start of performance that the Consumer would lose the right of withdrawal once the Seller had fully performed the Agreement, and the Consumer acknowledged this, and the Seller provided confirmation thereof; j) concluded by way of a public auction; k) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure activities, entertainment, sporting or cultural events, where the Agreement specifies a particular date or period of performance; l) where the Consumer expressly requested that the Seller visit them for the purpose of carrying out urgent repairs or maintenance; if, during such a visit, the Seller additionally provides services other than those specifically requested by the Consumer or supplies goods other than replacement parts necessary for the performance of the repair or maintenance, the Consumer shall have the right to withdraw from the Agreement with respect to those additional Services or Goods; m) for the provision of services for which the Consumer is required to pay a price, where the Consumer expressly requested that the Seller visit them for the purpose of carrying out repairs and the service has already been fully performed with the Consumer’s express prior consent. 12. The right to withdraw from a distance Agreement shall apply to Consumers and Entrepreneurs with Consumer Rights.
8. OUT-OF-COURT DISPUTE RESOLUTION
1. If the complaint procedure does not produce the result expected by the Consumer, the Consumer may use, among others, the following options: • Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595. • Assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for the case to be considered by the arbitration court. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596. • Free assistance from a municipal or district consumer ombudsman. • The online ODR platform, available at: http://ec.europa.eu/consumers/odr/. 2. This section entitled “Out-of-Court Dispute Resolution” shall not apply to Entrepreneurs with Consumer Rights.
9. PERSONAL DATA PROTECTION
1. By placing an order, the Customer consents to the processing of the personal data provided by them for the purpose of processing and fulfilling the order by the Seller, who is also the controller of personal data within the meaning of Article 7 of Regulation (EU) 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 (General Data Protection Regulation), OJ EU L 119, 4 May 2016, pp. 1–88. 2. The controller of the personal data provided by the Customer while using the Store is the Seller. 3. Personal data contained in the Seller’s database shall not be disclosed to entities that are not involved in the performance of the Agreement. 4. Pursuant to Article 15 of Regulation (EU) 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 (General Data Protection Regulation), OJ EU L 119, 4 May 2016, pp. 1–88, the Customer has the right to access their personal data and may request its rectification or erasure. The Seller ensures that every Customer has the right to control the processing of their personal data. 5. Providing personal data is voluntary; however, failure to consent to the processing of personal data will make it impossible to process and fulfil the Customer’s order. 6. Detailed information regarding personal data and privacy protection is available in the “Privacy Policy” section on the Store’s website.
10. FINAL PROVISIONS
1. These Terms and Conditions set out the rules for concluding and performing Sales Agreements for Products available on the Store’s website. 2. The Sales Agreement is concluded between the Customer and the Seller. 3. These Terms and Conditions are available to all Customers in electronic form on the Store’s website: olanaturalnie.com, under the “Terms and Conditions” tab. 4. In order to use the Store’s Services, it is necessary to have a device with Internet access and a web browser capable of displaying websites, as well as to provide an email address enabling the transmission of information relating to the processing of the order. 5. All persons, including Customers, are prohibited from posting unlawful content on the Store’s website. 6. In matters not regulated by these Terms and Conditions, the relevant provisions of generally applicable law shall apply. 7. These Terms and Conditions do not exclude or limit any rights of a Customer who is a Consumer that are granted to them under mandatory provisions of law. In the event of any conflict between the provisions of these Terms and Conditions and mandatory provisions of law granting rights to Consumers, the provisions of law shall prevail. 8. Any provisions of these Terms and Conditions that are less favorable to the Consumer than the provisions of the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2020, item 287, as amended) shall be invalid, and the relevant provisions of the Act shall apply instead. 9. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the validity of the remaining provisions shall remain unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as closely as possible. The same shall apply accordingly to any gaps in these Terms and Conditions.