Terms and Conditions
Regulations of the Herbapol Krakow - online herbal store
Specifying incl. rules of concluding contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer
Table of contents
- 1Definitions
§ 2Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday, except for public holidays in Poland.
Civil Code - Act of 23 April 1964. Civil Code.
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Account - a free function of the Store regulated by separate regulations (service provided electronically), thanks to which each entity using the Store can set up an individual account in the Store.
Buyer - any entity buying in the Store.
Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged entrepreneur– a natural person concluding a contract with the Seller directly related to its business activity, but not of a professional nature for it.
Collection point - a point located at ul. Szewska 23, 31-009 Krakow.
Regulations - these regulations.
Shop - Herbapol online store in Krakow - online herbal shop run by the Seller at https://sklep.herbapol.krakow.pl.
Seller– Krakowskie Zakłady Zielarskie HERBAPOL w Krakowie SA with its registered office at ul. Chałupnika 14, 31-464 Kraków, entered into the National Court Register - register of entrepreneurs by the District Court for Kraków-Śródmieście, 11th Commercial Division, under KRS number 0000094733, NIP number 9451563566, REGON number 351224584, share capital PLN 1556742.00.
Consumer Rights Act - the Act of 30 May 2014 on consumer rights.
§ 2 CONTACT WITH THE SELLER
Postal address: ul. Chałupnika 14, 31-464 Krakow
E-mail address: sklep@herbapol.krakow.pl
Telephone number: 124116911
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Store, you need:
- device with Internet access
- a web browser that supports JavaScript and cookies.
- To place an order in the Store, except of the requirements set out above, an active email account is required
§ 4 PURCHASES IN THE STORE
- Product prices visible in the Store are the total prices for the product.
- The Seller points out that the total price of the order includes the price for the product indicated in the Store and, if applicable, the cost of delivery of the goods.
- The product selected for purchase should be added to the basket in the Store.
- Then the Buyer selects the method of delivery of the goods and the method of payment for the order from the options available in the Store, and also provides the data necessary to complete the order.
- The order is placed at the moment of confirmation of its content and acceptance of the Regulations by the Buyer.
- Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
- The Buyer may register in the Store, i.e. set up an Account in it, or make purchases without registration by providing their data with each possible order.
§ 5 PAYMENTS
- You can pay for the placed order, depending on the Buyer's choice:
- by ordinary transfer to the Seller's bank account;
- by payment card:
- Visa
- Visa Electron
- MasterCard
- MasterCard Electronic
- Maestro
- via the payment platform:
- Blue Media
- PayU
- by card or cash at the time of personal collection of the goods.
- If you choose to pay via the Blue Media payment platform, Blue Media SA is the entity providing online payment services
- If the Buyer chooses payment in advance, the order must be paid within 7 Business Days of placing the order.
- The Seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after placing the order, payment for the order is possible only immediately after placing the order.
§ 6 ORDER EXECUTION
- The order completion date is indicated in the Store.
- If the Buyer has chosen to pay in advance for the order, the Seller will proceed to the execution of the order after paying for it.
- In a situation where, under one order, the Buyer purchased products with different delivery dates, the order will be completed on the date appropriate for the product with the longest delivery date.
- The default sales document is a receipt. The buyer may request a personal invoice or VAT invoice by selecting the appropriate options at the time of purchase.
- Products which were ordered in the Store are available in International Shipping via Polish Post
- The Buyer may pick up the goods in person at the Collection Point or at the Seller's office during their opening hours.
- If the Buyer chooses personal collection, the goods will be ready for collection at the indicated date of order completion.
§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
- The deadline to withdraw from the contract expires after 14 days from the day:
- in which the Preferred Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Preferred Buyer came into possession of the goods;
- in which the Preferred Buyer came into possession of the last good, lot or part, or in which a third party other than the carrier and indicated by the Preferred Buyer came into possession of the last good, lot or part, in the case of a contract requiring the transfer of ownership of multiple goods that are delivered are separately, in batches or in parts.
- In order for the Preferred Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
- A privileged buyer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
- In order to meet the withdrawal deadline, it is enough for the Preferred Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
- In the event of withdrawal from the concluded contract, the Seller returns to the preferred Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the decision of the Preferred Buyer to exercise the right to withdraw from the contract.
- The Seller will refund the payment using the same payment methods that were used by the Preferred Buyer in the original transaction, unless the Preferred Buyer agrees to a different solution, in each case the Preferred Buyer will not incur any fees in connection with this return.
- If the Seller has not offered to collect the goods from the Preferred Buyer himself, he may withhold the reimbursement until receipt of the goods or until he is provided with proof of its return, whichever occurs first.
- The seller asks you to return the goods to the following address: ul. Chałupnika 14, 31-464 Kraków immediately, and in any case not later than 14 days from the date on which the Preferred Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the preferred buyer sends back the goods before the expiry of the 14-day period.
- The preferred buyer bears the direct costs of returning the goods.
- The preferred buyer is only liable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be returned by ordinary post, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Preferred Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
- If it is necessary to return funds for a transaction made by the Preferred Buyer with a payment card, the Seller will refund the funds to the bank account assigned to this payment card.
§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to a contract:
- in which the subject of the service is non-prefabricated goods, manufactured according to the specification of the Preferred Buyer or serving to satisfy his individual needs;
- in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
- in which the subject of the service is goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
- in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery;
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawing from the contract.
§ 9 COMPLAINTS
I GENERAL PROVISIONS
- The Seller shall be liable to the Preferred Buyer for the compliance of the service with the contract, provided for by generally applicable laws, including in particular the provisions of the Act on Consumer Rights.
- The Seller asks you to submit a complaint to the postal or electronic address indicated in § 2 of the Regulations.
- If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
- Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
- The seller will respond to the complaint within 14 days of its receipt.
II PRIVILEGED BUYERS
- Goods
- In the event of non-compliance of the goods with the contract, the Preferred Buyer has the option of exercising the rights set out in Chapter 5a of the Act on Consumer Rights.
- The Seller is liable for the lack of conformity of the goods with the contract, existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
- Pursuant to the provisions of the Act on Consumer Rights, the Preferred Buyer may in any case demand:
- exchange of goods,
- repair of the goods.
- In addition, the Preferred Buyer may make a statement about:
- lowering the price,
- withdrawal from the contract
in a situation where:
- The seller refused to bring the goods into compliance with the contract in accordance with art. 43d sec. 2 of the Consumer Rights Act;
- The seller did not bring the goods into compliance with the contract in accordance with art. 43d sec. 4-6 of the Consumer Rights Act;
- the lack of conformity of the goods with the contract continues, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in art. 43d of the Consumer Rights Act;
- it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
- In the case of goods subject to repair or replacement, the Preferred Buyer should make the goods available to the Seller. The Seller collects the goods from the Preferred Buyer at its own expense.
- The preferred buyer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
- In the event of withdrawal from the contract referred to in this section (concerning goods), the Preferred Buyer immediately returns the goods to the Seller at his expense, to the address of ul. Chałupnika 14, 31-464 Krakow. The Seller returns the price to the Preferred Buyer immediately, not later than within 14 days from the date of receipt of the goods or proof of their return.
- The Seller returns to the Preferred Buyer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Preferred Buyer's statement on the price reduction.
III BUYERS OTHER THAN PRIVILEGED BUYERS
- In the event of a defect in the goods, the Buyer other than the Preferred Buyer has the option of complaining about the defective goods on the basis of the warranty regulated in the Civil Code.
- Pursuant to the Civil Code, the Buyer who is an entrepreneur other than the Privileged Entrepreneur loses his warranty rights if he did not examine the goods in time and in the manner accepted for goods of this type and did not immediately notify the Seller of the defect, and if the defect came to light only later - if he did not notify the Seller immediately after finding it. To meet the above deadline, it is sufficient to send a notification of the defect before its expiry.
- Using the warranty, the Buyer other than the Preferred Buyer may, on the terms set out in the Civil Code:
- submit a price reduction statement,
- in the case of a significant defect - submit a statement of withdrawal from the contract,
- demand replacement of the goods for ones free from defects,
- request removal of the defect.
- If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Buyer other than the Preferred Buyer is obliged to deliver the goods to the address of ul. Chałupnika 14, 31-464 Krakow.
- For the avoidance of doubt, the Seller points out that the Seller's liability towards the Buyer other than the Preferred Buyer, related to the complaint, shall be governed by the provisions of § 11 sec. 5.
§ 10 PERSONAL DATA
- The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
- The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
- contract or actions taken at the request of the Buyer, aimed at its conclusion based of the GDPR),
- the Seller's legal obligation related to accounting (based on the GDPR) and
- the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend any claims (based on the GDPR).
- Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
- The Buyer's data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller will cease to apply;
- the Seller will no longer be subject to the legal obligation obliging him to process the Buyer's data;
- the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
- the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
– depending on what is applicable in a given case and what is the latest.
- The buyer has the right to demand:
- access to your personal data,
- rectifying them,
- deletion,
- processing restrictions,
- transferring data to another administrator
as well as the right to: - to object at any time to the processing of data for reasons related to the special situation of the Buyer - to the processing of personal data concerning him, based on GDPR (i.e. on legitimate interests pursued by the Seller).
- In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
- In case of the Buyer considers that his data is processed unlawfully, the Buyer may file a complaint to the President of the Office for Personal Data Protection.
§11 RESERVATIONS
- It is forbidden for the Buyer to provide illegal content.
- Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Regulations. The contract is concluded on time and in order to fulfill the order.
- Agreements concluded on the basis of the Regulations are concluded in Polish.
- In the event of a possible dispute with a Buyer who is not a preferred Buyer, the competent court will be the court competent for the seat of the Seller.
- Any liability of the Seller towards the Buyer who is not a privileged Buyer under the concluded contract is limited - within the limits permitted by law - to the amount of the order placed by the Buyer, as a result of which the contract was concluded, and up to 1 year from the conclusion of this contract.
Appendix No. 1 to the Regulations
Below is a template of withdrawal form, which the Consumer or Privileged Entrepreneur may, but does not have to, use:
TEMPLATE OF WITHDRAWL FORM
(this form should be completed and returned only if u wish to withdraw from the contract)
Krakowskie Zakłady Zielarskie HERBAPOL w Krakowie SA
ul. Chałupnika 14, 31-464 Kraków
e-mail: sklep@herbapol.krakow.pl
Name and surname:…………………………………………………………………………..
Herby inform that I withdraw from my contract of sale of the goods(*)/of the provision of the following services(*):
…………………………………………………………………………………………………………………………………………………………………………………………
Date of conclusion of the contract(*)/receipt(*):………………………………………………………………………………
Name and surname of the Customer(s):………………………………………………………………………………..
Address of the Consumer(s):…………………………………………………………………………………………………
……………………………………………………………………
Signature of the Consumer(s)
(only if the form is sent on the paper)
Date…………………………………………………………….
(*) Delete where not applicable.
Account Regulations
in the Herbapol Krakow - online herbal shop
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Loyalty program
§ 6 Complaints
§ 7 Personal data
§ 8 Reservations
§ 1 DEFINITIONS
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Account - a free function of the Store (service) regulated in the Regulations, thanks to which the Service Recipient can set up his individual account in the Store.
Service Recipient - any entity setting up an Account or interested in setting up an Account.
Privileged Service Recipient - a Service Recipient who is a Consumer or a natural person concluding a contract with the Service Provider directly related to its business activity, but not of a professional nature for it.
Loyalty program - a loyalty program run by the Service Provider, under which the Service Recipient who has an Account may obtain and use Points on the terms set out in the Regulations.
Points - points awarded to the Service Recipient on the terms set out in the Regulations as part of the Loyalty Program, allowing the Service Recipient to order products indicated in the Store with a discount.
Regulations - these Account regulations.
Shop - Herbapol online store in Krakow - online herbal shop run by the Service Provider at https://sklep.herbapol.krakow.pl
Service Provider - Krakowskie Zakłady Zielarskie HERBAPOL in Krakow SA with its registered office at ul. Chałupnika 14, 31-464 Kraków, entered into the National Court Register - Register of Entrepreneurs by the District Court for Kraków-Śródmieście, 11th Commercial Division, under KRS number 0000094733, NIP number 9451563566, REGON number 351224584, share capital PLN 1556742.00.
§ 2 CONTACT WITH THE SERVICE PROVIDER
- Postal address: ul. Chałupnika 14, 31-464 Krakow
- E-mail address: sklep@herbapol.krakow.pl
- Telephone: 124116911
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning and creation of an Account, you need:
- active email account
- device with Internet access
- a web browser that supports JavaScript and cookies
§ 4 ACCOUNT
- Setting up an Account is completely voluntary and depends on the will of the Service Recipient.
- The account gives the Customer additional possibilities, such as: viewing the history of orders placed by the Customer in the Store, checking the status of the order or editing the Customer's data independently, as well as participation in the Loyalty Program.
- In order to set up an Account, you must complete the appropriate form in the Store.
- At the moment of setting up the Account, an agreement is concluded between the Service Recipient and the Service Provider for an indefinite period in the scope of maintaining the Account on the terms set out in the Regulations.
- The Service Recipient may resign from the Account at any time without incurring any costs.
- In order to resign from the Account, you must send your resignation to the Service Provider at the following e-mail address: sklep@herbapol.krakow.pl, which will result in the immediate deletion of the Account and termination of the Account maintenance agreement.
§ 5 LOYALTY PROGRAM
- The loyalty program is intended for Service Recipients who have an Account. Obtaining and using Points by the Customer is possible using the Account.
- Upon setting up an Account, the Customer becomes a participant in the Loyalty Program.
- For every PLN 1 spent in the Store as part of a single order, the Customer will receive the following number of Points: 1, subject to section 4-5.
- Points for the placed order will be entitled to the Service Recipient only if the Service Provider concludes an agreement with the Service Recipient. Points will be awarded to the Service Recipient automatically, within the time of order completion.
- To calculate the number of Points for a placed order, only the funds spent by the Service Recipient on products ordered in the Store without the use of Points are taken into account, and without taking into account additional costs related to ordering a product, such as e.g. the cost of delivery.
- The Points obtained by the Service Recipient make up one pool.
- The current number of Points collected by the Customer will be visible in the Account.
- If the current pool of Points accumulated in the Account exceeds the point threshold specified in this provision, the Customer will receive a discount for each purchase in the Store made using the Account, in the amount specified below:
- 1% - after accumulating the following number of Points: 100;
- 2% - after accumulating the following number of Points: 200;
- 3% - after accumulating the following number of Points: 300;
- 4% - after accumulating the following number of Points: 400;
- 5% - after accumulating the following number of Points: 500;
- 6% - after accumulating the following number of Points: 600;
- 7% - after accumulating the following number of Points: 700;
- 8% - after accumulating the following number of Points: 800;
- 9% - after accumulating the following number of Points: 900;
- 10% - after accumulating the following number of Points: 1000.
- The discount values indicated in the above paragraph do not add up.
- The discount in the appropriate amount will be calculated automatically and will cover the total price of the products being the subject of the Customer's order.
- The Service Provider has the right to cancel Points:
- charged for orders for which the Service Provider returned the money paid for the product to the Service Recipient (e.g. in the event of effective withdrawal from the contract by the Service Recipient);
- granted despite ineffective payment of the order (which does not mean the inability to acquire Points again as a result of correct payment of the order).
- Points accumulated in the Loyalty Program can only be used in the manner specified in this paragraph.
§ 6 COMPLAINTS
- Complaints regarding the functioning of the Account should be sent to the e-mail address: sklep@herbapol.krakow.pl.
- The complaint will be considered by the Service Provider within 14 days.
EXTRA-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS - In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use e.g. With:
- mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspektion_handlowej.php ;
- assistance of the locally competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php ;
- free assistance of the municipal or poviat Consumer Ombudsman;
- the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .
§ 7 PERSONAL DATA
- The administrator of personal data provided by the Customer when using the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection - " GDPR ".
- The purpose of processing the Customer's data is to maintain the Account. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Service Recipient, aimed at its conclusion (based on GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data in order to determine pursuing or defending any claims (based on GDPR).
- Providing data by the Service Recipient is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Service Provider will not be able to provide the Account management service.
- The Customer's data will be processed until:
- The account will be deleted by the Customer or the Service Provider at the Customer's request
- the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Account will cease;
- the Customer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Service Provider
– depending on what is applicable in a given case and what is the latest.
- The Service Recipient has the right to request:
- access to your personal data,
- rectifying them,
- deletion,
- processing restrictions,
- transferring data to another administrator
as well as the right to: - to object at any time to the processing of data for reasons related to the special situation of the Service Recipient - to the processing of personal data concerning him, based on GDPR.
- In order to exercise their rights, the Customer should contact the Service Provider.
- If the Service Recipient considers that his data is being processed unlawfully, the Service Recipient may submit a complaint to the President of the Office for Personal Data Protection.
§ 8 RESERVATIONS
- It is forbidden for the Customer to provide unlawful content.
- The agreement regarding the maintenance of the Account is concluded in Polish.
- In the event of important reasons referred above, the Service Provider has the right to change the Regulations.
- Important reasons referred above are:
- the need to adapt the Store to the provisions of law applicable to the operation of the Store;
- improving the security of the service provided;
- changing the functionality of the Account, requiring modification of the Regulations.
- The Service Recipient will be informed about the planned change to the Regulations at least 7 days before the change comes into force via an e-mail sent to the address assigned to the Account.
- If the Service Recipient does not accept the planned change, he should inform the Service Provider about it by sending an appropriate message to the Service Provider's e-mail address: sklep@herbapol.krakow.pl, which will result in termination of the agreement regarding the maintenance of the Account upon the entry into force of the planned change or earlier, if the Customer submits such a request.
- If the Customer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the contract in the future.
- For orders placed in the Store with the use of Points, the Store's regulations apply.
- In the event of a possible dispute with a Service Recipient who is not a privileged Recipient, the competent court will be the court competent for the seat of the Service Provider.
Newsletter regulations
Herbapol Krakow - online herbal store
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions
§ 1 DEFINITIONS
Consumer - a consumer within the meaning of the Act of 23 April 1964. Civil Code.
Newsletter - a service provided free of charge by electronic means, thanks to which the Service Recipient can receive from the Service Provider by electronic means previously ordered messages regarding the Store, including information about offers, promotions and news in the Store.
Shop - Herbapol online store in Krakow - an online herbal shop run by the Service Provider at https://sklep.herbapol.krakow.pl
Service Recipient - any entity using the Newsletter service.
Privileged customer – a Service Recipient who is a Consumer or a natural person concluding a contract with the Service Provider directly related to its business activity, but not of a professional nature for it.
Service Provider - Krakowskie Zakłady Zielarskie HERBAPOL w Krakowie SA with its registered office at ul. Chałupnika 14, 31-464 Kraków, entered into the National Court Register - Register of Entrepreneurs by the District Court for Kraków-Śródmieście, 11th Commercial Division, under KRS number 0000094733, NIP number 9451563566, REGON number 351224584, share capital PLN 1556742.00.
§ 2 Newsletter
- The Service Recipient may voluntarily use the Newsletter service.
- To use the Newsletter service, you need a device with a web browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
- E-mails sent as part of this service will be sent to the e-mail address provided by the Service Recipient at the time of subscribing to the Newsletter.
- In order to conclude a contract and subscribe to the Newsletter service, the Service Recipient, in the first step, provides his e-mail address in the designated place in the Store, to which he wants to receive messages sent as part of the Newsletter. At the time of subscribing to the Newsletter, a contract for the provision of services is concluded for an indefinite period, and the Service Provider will begin to provide it to the Service Recipient - subject to section 5.
- In order to properly implement the Newsletter service, the Service Recipient is obliged to provide his correct e-mail address.
- The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
- The Service Recipient may unsubscribe from the Newsletter, without giving any reason and incurring any costs, at any time, using the option referred above or by sending a message to the Service Provider's e-mail address: sklep@herbapol.krakow.pl .
- The use of the link to unsubscribe from the Newsletter by the Service Recipient or sending a message requesting unsubscribing from the Newsletter will result in the immediate termination of the contract for the provision of this service.
§ 3 Complaints
- Complaints regarding the Newsletter should be reported to the Service Provider at the e-mail address: sklep@herbapol.krakow.pl .
- The Service Provider will respond to the complaint within 14 days of receiving the complaint.
EXTRA-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS - In the event that the complaint procedure does not bring the result expected by the Customer who is a Consumer, the Consumer may use, among others, With:
- mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspektion_handlowej.php ;
- assistance of the locally competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php ;
- free assistance of the municipal or poviat Consumer Ombudsman;
- the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .
§ 4 Personal data
- The administrator of personal data provided by the Service Recipient in connection with the subscription to the Newsletter is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
- The purpose of processing the Customer's data is to send the Newsletter. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Service Recipient, aimed at its conclusion (based on GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data in order to determine pursuing or defending any claims (based on GDPR).
- Providing data by the Service Recipient is voluntary, but at the same time necessary to provide the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
- The Customer's data will be processed until:
- The Service Recipient will unsubscribe from the Newsletter;
- the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Newsletter will cease;
- the Customer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Service Provider
– depending on what is applicable in a given case and what is the latest.
- The Service Recipient has the right to request:
- access to your personal data,
- rectifying them,
- deletion,
- processing restrictions,
- transferring data to another administrator
as well as the right to: - to object at any time to the processing of data for reasons related to the special situation of the Service Recipient - to the processing of personal data concerning him, based on GDPR (i.e. on legitimate interests pursued by the Service Provider).
- In order to exercise their rights, the Customer should contact the Service Provider.
- If the Service Recipient considers that his data is being processed unlawfully, the Service Recipient may submit a complaint to the President of the Office for Personal Data Protection.
§ 5 Final Provisions
- The Service Provider reserves the right to change these regulations only for important reasons. An important reason is understood as the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the provision of the service by the Service Provider.
- Information about the planned change to the regulations will be sent to the Customer's e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes come into force.
- If the Customer does not object to the planned changes until they enter into force, it is assumed that he accepts them.
- In the event of non-acceptance of the planned changes, the Service Recipient should send information about it to the e-mail address of the Service Provider: sklep@herbapol.krakow.pl , which will result in the termination of the contract for the provision of the service upon the entry into force of the planned changes.
- It is forbidden for the Customer to provide unlawful content.
- The contract for the provision of the Newsletter service is concluded in Polish.
- In the event of a possible dispute with a Service Recipient who is not a privileged Recipient, the competent court will be the court competent for the seat of the Service Provider.