Naturmedicin sp.z o.o. sp.k.
ul. Wielkopolska 31/3
The www.swederm.com Online Store cares for the rights of consumers. The consumer cannot waiver the rights granted based on the Consumer Rights Act. Any agreement provisions less favorable to the consumer, than those in the Consumer Rights Act are void and in their place corresponding provisions of the Consumer Rights Act shall be applied. For that reason, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted based on the strictly binding legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take priority and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the address www.naturmedicin.pl is operated by NATURMEDICIN Limited Liability Company with office in Gdynia (office address and correspondence address: ul. Wielkopolska 31/3, 81-552 Gdynia); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000617522, Register Court which holds the Company’s documentation: District Court for Gdańsk – Północ in Gdańsk – VIII Commercial Department KRS; share capital of: 500.000,00 zł; reference no. NIP: 5862306308; National Economy Register No. REGON 364438912; e-mail address: firstname.lastname@example.org.
1.2. These Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Store (with the exception of section 9 of the Terms and Conditions, which is intended solely for entrepreneurs).
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the 23 rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended). 1.4.6. ACCOUNT – Electronic Service, annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Store.
1.4.7. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
1.4.8. PRODUCT – a movable item or chattel available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – the following Online Store terms and conditions.
1.4.10. ONLINE STORE – the Service Provider’s store available at the Internet address: www.naturmedicin.pl.
1.4.11. SELLER; SERVICE PROVIDER – NATURMEDICIN Limited Liability Company with office in Gdynia (office address and correspondence address: ul. Wielkopolska 31/3, 81-552 Gdynia); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000617522, Register Court which holds the Company’s documentation: District Court for Gdańsk – Północ in Gdańsk – VIII Commercial Department KRS; share capital of: 500.000,00 zł; reference no. NIP: 5862306308; National Economy Register No. REGON 364438912; e-mail address: email@example.com..
1.4.12. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Service website.
1.4.13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store’s website.
1.4.14. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.15. THE CONSUMER RIGHTS ACT, THE ACT – the 30 th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended)
1.4.16. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
2.1. The Online Store provides access to the following Electronic Services: Account, Order Form, Forum and Newsletter.
2.1.1. Account – use of the Account is possible after performing a total of two subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Register”. The Registration Form requires the Service User to provide the following data: e-mail address and password.
188.8.131.52. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, in particular via e-mail at the address: firstname.lastname@example.org or in writing at the address: ul. Wielkopolska 31/3, 81-552 Gdynia.
2.1.2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Confirm purchase” button on the Online Store’s Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and information regarding the Sales Agreement: Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
184.108.40.206. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. Newsletter – use of the Newsletter commences after provision of an e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab available at the Online Store’s website clicking the field “Save!”.
220.127.116.11. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address: email@example.com or in writing at the address: ul. Wielkopolska 31/3, 81-552 Gdynia.
2.3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is also prohibited from entering content which is illegal in nature.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, which is described in pts. 6 and 7 of the Terms and Conditions) can be submitted by the Service User:
2.4.2. in writing at the address: ul. Wielkopolska 31/3, 81-552 Gdynia;
2.4.3. electronically via e-mail at the following address: firstname.lastname@example.org;
2.4.4. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.5. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer via the Order Form available in the Online Store, according to pt. 2.1.2 of the Terms and Conditions. 3.2. The Product price visible on the Online Service’s website is given in Polish zlotys (PLN) and – in the event of choosing English language version – in euros and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.
3.3. Procedure of Sales Agreement Conclusion at the Online Store using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer of an Order in the Online Store as per pt. 2.1.2 of the Terms and Conditions.
3.3.2. After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message at the e-mail address provided by the Customer, containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message mentioned in pt. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.
4. METHODS AND TERMS OF PRODUCT PAYMENT
4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
4.1.1. Cash on collection payment.
4.1.2. Payment via transfer to the Seller’s bank account.
4.1.3. Electronic and pay-card payments via the Dotpay.pl service – up to date possible payment methods are provided on the Online Store’s website under the “Methods of payment” tab and on the http://www.dotpay.pl/ website.
18.104.22.168. Settlements of electronic and pay card payment transactions are carried out according to the Customer’s choice via the Dotpay.pl service. Servicing of electronic and pay card payments is handled by:
22.214.171.124.1. Dotpay.pl – DOTPAY S.A. based in Kraków, at ul. Wielicka 72, 30-552 Kraków, Tax Identification No. (NIP) 6342661860, Statistical No. (REGON) 240770255, entered in the register of companies under the National Court Register (KRS) number 0000296790, kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, with a share capital of PLN 4,000,000.00, paid-up capital of PLN 4,000,000.00.
4.2. Payment term:
4.2.1. If the Customer selects payment via bank transfer, electronic or pay card payment, the Customer is obliged to issue the payment within 7 calendar days from the Sales Agreement conclusion date.
4.2.2. If the Customer selects the cash on delivery payment method, the Customer is obliged to issue the payment during receipt of the parcel.
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
5.1. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The Product delivery cost (including transport, delivery and postal service charges) are made available to the Customer on the Online Store’s website under the “Delivery time and costs” tab and during placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.
5.2. The Seller offers Customers the following Product delivery methods:
5.2.1. Postal service.
5.2.2. Courier service, courier cash on delivery service.
5.3. The time of delivery of the Product to the Customer is up to 7 Business Days, unless in the description of a given Product or during placing an Order a shorter term was indicated. In the case of Products with different delivery times, the delivery deadline shall be the longest time given which may not exceed 7 Business Days. Starting point for delivery of the Product to the Customer shall be calculated in the following manner:
5.3.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
5.3.2. If the Customer selects cash on delivery payment – from the date of conclusion of the Contract of Sale.
6. PRODUCT COMPLAINT
6.1. The basis and extent of Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified by the generally applicable laws, especially the Civil Code. For Contracts for Sale made to 24 December 2014, the basis and extent of the Seller’s liability towards the Customer being a natural person, who purchases the Product in purposes unrelated to a professional or commercial activity, for non-compliance of the Product with the Contract for Sale is laid down by the generally applicable laws, particularly in the Act on the special conditions of consumer sale and amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176 as amended).
6.2. The Seller is obliged to provide the Customer with a Product without faults. Detailed information regarding the Sellers product liability and the Customer’s rights is provided at the Online Store’s website, under the the “Complaints” tab.
6.3. A complaint can be submitted by the Customer in the following ways:
6.3.1. in writing to the following address: ul. Wielkopolska 31/3, 81-552 Gdynia;
6.3.2. in electronic form via e-mail to the following address: email@example.com;
6.4. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
6.5. The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.
6.6. The Customer who exercises the rights under the warranty shall be obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Wielkopolska 31/3, 81-552 Gdynia. If, due to the nature of the Product or the way it is mounted, the delivery of the Product by Customer would be extremely difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELLAS RULES OF ACCESS TO THOSE PROCEDURES
7.1. Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include the protection of consumers, Regional Commercial Inspection Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Customer who is a consumer has the following options of extrajudicial methods of settling complaints and asserting claims:
7.2.1. The Customer is entitled to address the amicable consumers’ court which is mentioned in art. 37 of the 15 th of December 2000 Commercial Inspection Act (Journal of Laws of 2001, no. 4 pos. 25 further amended) with an application to settle a dispute resulting from the concluded Sales Agreement. The regulations of the organization and functioning of amicable consumers’ courts are specified by the 25 th of September 2001 decree by the minister of justice on the definition of rules of organization and operation of amicable consumers’ courts (Journal of Laws of 2001, no. 113, pos. 1214).
7.2.2. The Customer is entitled to address the regional inspector of the Commercial Inspection authority in accordance with art. 36 of the 15 th of December 2000 Commercial Inspection Act (Journal of Laws of 2001 no. 4 pos. 25 further amended) with an application to institute a mediation proceeding regarding the amicable settlement of a dispute between the Customer and Seller. Information regarding the rules and procedures of mediation conducted by the regional inspector of the Commercial Inspection authority is available at the offices or on the websites of corresponding Commercial Inspection Regional Inspectorates.
7.2.3. The Customer may receive free of charge aid in the matter of settling a dispute between the Customer and the Seller, using the free of charge aid of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided by the Consumers’ Federation under the free of charge consumer hotline number 800 007 707 and by the Polish Consumers’ Association at the e-mail address firstname.lastname@example.org.
7.3. At the address http://ec.europa.eu/consumers/odr there is available a platform of online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract.
8. RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25 TH OF DECEMBER 2014)
8.1. A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in clause 10.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:
8.1.1. in writing at the address: ul. Wielkopolska 31/3, 81-552 Gdynia;
8.1.2. electronically via e-mail at the address: email@example.com;
8.2. An example agreement withdrawal form template is included as appendix no. 2 to the Consumer Rights Act3. The Consumer may use the template form, however it is not obligatory.
8.3. The course of the term to withdraw from the agreement begins:
8.3.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
8.3.2. for other agreements – on the agreement conclusion date.
8.4. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other, than the least expensive regular method of delivery offered by the Online Store). The Seller issues the payment refund using the same method of payment used by the Consumer, unless the consumer has clearly consented to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.
8.6. The Consumer shall without delay, no later than within 14 calendar days from the agreement withdrawal date, return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline expires. A consumer may return the Product at the address: ul. Wielkopolska 31/3, 81-552 Gdynia.
8.7. The Consumer bears responsibility for degradation of a Product’s value as a result of its use beyond the scope necessary to determine the Product’s nature, features and functioning.
8.8. Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer:
8.8.1. If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.
8.8.2. The Consumer bears the direct costs of Product return.
8.8.3. In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.
8.9. The right to withdraw from an agreement concluded remotely does not apply in the case of:
8.9.1. (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of public auction; (12) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service users who are not consumers.
9.2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
9.4. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
9.5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.
9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.
9.7. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
9.8. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited – both within a single claim, as well as for any claims in total – to the amount of the price paid and the cost of delivery in respect of the Contract for Sale, but not more than the amount of one thousand Polish Zlotys. The Service Provider/Seller shall be accountable to the Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be held accountable for lost profits to the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Service Provider/Seller and the non-consumer Service User/Client shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are drawn up in Polish.
10.2. Amendment of Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
10.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384 of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
10.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
10.3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18 th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded before the 24 th of December 2014 with consumer Customers – provisions of the 2 nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27 th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales agreements concluded after the 25 th of December 2014 with consumer Customers – the provisions of the 30 th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
10.4. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. The Seller/Service Provider warrants in this case, the consumer protection afforded to them by provisions which cannot be excluded by agreement.
1. GENERAL PROVISIONS
1.2. The Administrator of personal data collected via the Online Store is NATURMEDICIN Limited Liability Company with office in Gdynia (office address and correspondence address: ul. Wielkopolska 31/3, 81-552 Gdynia); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000617522, Register Court which holds the Company’s documentation: District Court for Gdańsk – Północ in Gdańsk – VIII Commercial Department KRS; share capital of: 500.000,00 zł; reference no. NIP: 5862306308; National Economy Register No. REGON 364438912; e-mail address: firstname.lastname@example.org – further called the „Administrator” simultaneously fulfilling the role of the Online Store Service Provider and Seller.
1.3. The personal data of the Service Users and Customers are processed in accordance with the 29 th of August 1997Personal Data Protection Act (Journal of Laws of 1997, No. 133, pos. 883 further amended) (further called the Personal Data Protection Act) and the 18 th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002, No. 144, pos. 1204 further amended).
1.4. The administrator exercises particular care in order to protect the interests of persons, whom the collected data relates
to, especially ensures, that the collected data is processed in accordance with the law; collected for specified, lawful purposes and not subjected to further processing not in line with those purposes; technically correct and adequate in regards to the purpose, for which it is processed and stored in a form which allows the identification of persons, whom it relates to, for no longer than is required to achieve the purpose of data processing.
1.5. Any words, phrases and acronyms which occur on this page beginning with a capital letter (e.g. Seller, Online Service, Electronic Service) should be interpreted according to their definition contained in the Online Service Terms and Conditions available on the Online Store’s website.
2. PURPOSE AND SCOPE OF DATA COLLECTION AND DATA RECIPIENTS
2.1. Each time the purpose and scope of collection and recipients of data processed by the Administrator correspond to actions performed in the Online Store by the Service User or Customer. For example, if during placement of an Order a Customer selects the personal collection option instead of a courier parcel, the Customer’s personal data will be processed in order to conclude and perform a Sales Agreement, but will not be further disclosed to the carrier who executes deliveries on behalf of the Administrator.
2.2. Possible purposes of Service User’s or Customer’s personal data collection by the Administrator:
2.2.1. conclusion and performance of a Sales Agreement or Electronic Service provision agreement (e.g. Account).
2.2.2. direct marketing of the Administrator’s own products or services.
2.2.3. express an opinion on the concluded Sales Agreement by Customer.
2.3. Possible recipients of the Online Store Customers’ personal data:
2.3.1. In case of a Customer of the Online Store who selects a method of delivery via post or courier parcel, the Administrator shall disclose the Customer’s collected personal data to the selected carrier or proxy carrying out deliveries on behalf of the Administrator.
2.3.2. In case of a Customer of the Online store who selects the electronic payment or pay card payment method, the Administrator shall disclose the Customer’s collected personal data to the selected entity providing the abovementioned payment services at the Online Store.
2.3.3. In case of a Customer of the Online Store who agreed to express an opinion on the concluded Sales Agreement, the Administrator shall disclose the Customer’s collected personal data to the selected entity providing survey system giving opinions concluded Sales Agreement.
2.4. The Administrator may process the following personal data of Service Users or Customers using the Online Store: name and surname, e-mail address; contact telephone number; delivery address (street, building number, apartment number, postal code, town/city, country), residence address/business address/head office (if other than the deliveryaddress). In the case of Service Users or Customers who are not consumers, the Administrator may additionally process the name of the company and tax identification number (PL – NIP) of the Service User or Customer.
2.5. The provision of personal data mentioned in the preceding point may be required in order to conclude and perform the Sales Agreement or agreement for the provision of Electronic Services on the Online Store’s website. Each time the scope of data required to conclude an agreement is indicated on the Online Service website and within the Online Store’s Terms and Conditions.
3. COOKIES AND OPERATIONAL DATA
3.1. Cookie files (Cookies) are small pieces of text information in the form of text files, sent by a server and recorded by the User visiting the Online Store’s website (e.g the computer’s, or laptop’s hard drive, or a smartphone memory card – depending on which device is used when visiting the Online Store). Detailed information on Cookies, as well as the history of their creation can be found, among other places, here: http://pl.wikipedia.org/wiki/Ciasteczko.
3.2. The Administrator processes the data contained in Cookie files during the visitors’ use of the Online Store’s website for the following purposes:
3.2.1. identification of Service Users as logged in to the Online Store and indicating that they are logged in;
3.2.2. recording Products added to the shopping cart in order to place an Order;
3.2.3. recording of data from the filled out Order Forms, questionnaires or Online Store login data;
3.2.4. adjusting the Online Store’s contents to the Service User’s individual preferences (e.g. regarding colors, fonts, website layout), and optimizing the use of the Online Store;
3.2.5. keeping anonymous statistics which present the way that the Online Store is used.
3.3. As a standard, most Internet browsers by default accept the saving of Cookie files. Every user has the possibility to specify the conditions of Cookie file use via the Internet browser’s settings. This means, that it is possible to partially (e.g. temporarily) restrict or completely disable the saving of Cookie files on the User’s computer – in the latter case, however, it may influence specific functionalities of the Online Store (for example, it may become impossible to complete the Order via the Order Form due to the fact that Products are not recorded in the cart during subsequent steps of placing the Order).
3.4. The Internet browser setting in terms of Cookie files are significant from the point of view of consent to use Cookie files by our Online Store – in accordance with the regulations, such consent may also be expressed through adjusting the Internet browser settings. If a User does not express such consent, they are asked to change the Cookie settings in their Internet browser.
3.5. Detailed information regarding changing Cookie file settings and individual removal of them in the most popular Internet browsers are available in the Internet browser’s help section and at the following websites (please click the appropriate link):
3.6. Chrome browser
Internet Explorer browser
Microsoft Edge browser
The Administrator also processes anonymized operational data associated with using the Online Store (so called logs – IP address, domain) to generate statistics helpful to administrating the Online Store. The data are collective and anonymous in nature, i.e. they do not contain features which may identify the persons visiting the Online Store’s website. The logs are not disclosed to any third parties.
4. BASIS FOR DATA PROCESSING
The provision of personal data by the Service User or Customer is voluntary, however failure to provide the personal data indicated on the Online Store’s website and in the Terms and Conditions as essential to the conclusion and performance of the Sales Agreement or Electronic Service provision agreement shall result in the inability to conclude such agreements.
4.2. The basis for the processing of the Service User’s or the Customer’s personal data is the necessity to perform the agreement, to which they are a party, or to undertake appropriate actions on their request before the conclusion of such agreement. In the case of personal data processing for the purposes of direct marketing of the Administrator’s own products or services, the basis for such processing is (1) the prior consent of the Service User or Customer or (2) the fulfillment of legally justified goals realized by the Administrator (in accordance with art. 23 item 4 of the Personal Data Protection Act, legally justified goals are, in particular, direct marketing of the Administrator’s own products or services).
4.3. In case of processing the Service User’s or the Customer’s personal data for expressing an opinion on the concluded Sales Agreement, the basis for that processing is the expressed consent by User or Customer.
5. RIGHT TO CONTROL, ACCESS AND AMEND THE CONTENTS OF OWN PERSONAL DATA
5.1. The Service User or Customer has the right to access the contents of their personal data and its amendment.
5.2. Every person is entitled to control the processing of data related to them, contained in the Administrator’s database, especially to: request the supplementation, update or correction of personal data, temporary or permanent discontinuation of processing or removal of data, if such data is incomplete, outdated, untrue or was collected in violation of the law, or are no longer required to achieve the purpose, for which said data was collected.
5.3. In the event of the Service User or Customer expressing consent to the processing of data for the purpose of direct marketing of the Administrator’s own products or services, such consent can be revoked at any time.
5.4. In the event, where the Administrator intends to process or is processing the Service User’s or Customer’s data for the purposes of direct marketing of the Administrator’s own products or services, the person whom such data relates to is also authorized to (1) submit a written, motivated request to discontinue the processing of their data due to the person’s particular situation or to (2) submit an objection to the processing of their data.
6. FINAL PROVISIONS
6.2. The Administrator takes advantage of technical and organizational means which ensure protection of the processed personal data appropriate to the threats and categories of protected data, especially he secures data against their disclosure to unauthorized persons, take-over by an unauthorized person, processing in violation of currently applicable regulations, as well as change, loss, damage or destruction.
6.3. The Administrator correspondingly provides the following technical preventive measures against the acquisition and modification of electronically transmitted data by unauthorized persons:
6.3.1. Securing of the data base against unauthorized access.
6.3.2. Access to the Account only upon provision of the User’s individual login and password.