Terms and conditions
1. DEFINITIONS AND GENERAL PROVISIONS
1.1 Whenever the following terms are used in these Rules and Regulations, they shall have the following meanings:
a) Buyer/Customer – shall refer to a natural person having full legal capacity, and in cases provided for by generally applicable law, a natural person having limited legal capacity, as well as a legal person or an organizational unit without legal personality, to whom legal capacity is granted under legal provisions, that uses the Online Store, in particular, places an Order on the terms set out in these Rules and Regulations;
b) Seller – shall refer to Veoli Botanica Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at al. USA 61, 04-028 Warsaw, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the number KRS 0000611831, Taxpayer Identification Number (NIP) 1132907559, business statistical number (REGON) 364166661, share capital in the amount of PLN 30,000.00. The address of the Seller’s registered office is the mailing address, unless a different address has been specified in these Rules and Regulations. E-mail: email@example.com, Phone number: +48 605 134 554 ;
c) Consumer – shall refer to a customer who is a natural person performing a legal transaction with the seller not directly related to its business or professional activity (pursuant to Article 22(1) of the Civil Code). Unless expressly stipulated otherwise, the provisions regarding consumers included in the regulations also apply to a natural person concluding a contract directly related to its business activity, when the content of such contract stipulates that it has no professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
d) Order Form – shall refer to an interactive form available in the Online Store, enabling an order to be placed for goods sold by the Seller, in particular by adding products to the electronic basket and specifying certain terms of the sales contract, including the method of delivery and payment conditions;
e) Customer Account – shall refer to a set of resources in the Seller’s ICT system, marked with an individual name (login) and password provided by the customer, in which data provided by the Customer and information about orders placed by the Customer in the Online Store are collected;
f) Newsletter – shall refer to a service consisting in providing customers, via e-mail, upon their consent, with periodic information about the Store, Products, news and promotions;
g) Product – shall refer to a movable item available in the Online Store, offered for sale by the Seller,
h) Order – shall refer to the Buyer’s declaration of intent sent to the Seller, constituting an invitation to conclude a remote contract for the sale of Products, submitted via the Online Store, specifying, inter alia, Products that the Customer intends to buy, their number and the Customer’s data necessary to conclude and perform the contract for the sale of Products covered by the Order. The acceptance of the Order by the Seller means the conclusion of a sales contract in relation to the Products covered by the Order;
i) remorse return – shall refer to a period of 14 calendar days from the date of receipt of the order by the customer, under which the customer may return an unused, originally packed product in the “as new” condition.
j) Rules and Regulations – these rules and regulations of the Online Store;
k) Online Store/Store – shall refer to the Seller’s website available at http://veolibotanica.pl/, available both for personal computers (PC) as well as for mobile devices such as smartphones and tablets, through which the Seller sells goods remotely ;
1.2 These Rules and Regulations lay down the terms and conditions under which the Seller sells and delivers goods ordered, and define the rights and obligations of the Seller and the Buyer. These Rules and Regulations apply to all transactions for the sale of goods in the Online Store and other types of remote sales made by the Seller. Each customer shall be obliged to read these Rules and Regulations before placing an Order.
1.3 The information and content about the Seller’s goods in the Online Store, including the price, shall not constitute an offer within the meaning of Art. 66 of the Civil Code, but the invitation to conclude a contract referred to in Art. 71 of the Civil Code.
1.4 The Seller reserves the right to amend these Rules and Regulations in whole or in part at any time. The amendment to these Rules and Regulations shall be effective from the moment of publishing the amended Rules and Regulations. The Customer shall not be bound by the provisions of Rules and Regulations that have changed after the Order has been placed.
1.5 The Seller, through the agency of the Online Store, conducts only retail sales of goods presented in the Online Store, offering them exclusively for personal use of the Buyers (within the meaning of clause 1.6 of these Rules and Regulations), including primarily Consumers. The Seller, through the agency of the Online Store, shall not carry out wholesale or sales intended for individuals or entities buying products with the aim of further resale for economic purposes.
1.6 “Purchase for personal use” shall refer to the purchase of goods by the final purchaser who is a consumer, and the retail purchase of goods for the purpose of using them in the Buyer’s business, if the purchased goods are not intended for further resale for economic purposes.
1.7 The Seller shall have the right to refuse to accept an Order (rejection of the offer to conclude a sales contract submitted by the Buyer), the content or circumstances of which indicate that it was placed in breach of the provisions of these Rules and Regulations, including clauses 1.5-1.6 hereof, or in breach of other provisions applicable to a given Order, in particular the rules of purchasing promotional goods, regulations related to periodic promotions, etc., as well as the provisions of generally applicable law.
2. ORDERS AND INVOICES
2.1 Placing an order in the Online Store is tantamount to acceptance of these Rules and Regulations.
2.2 The Seller shall issue a proof of purchase (receipt or invoice) for the purchase made in the Online Store in accordance with applicable laws. In order to receive an invoice for the purchased Products, when placing the Order, the Customer shall be obliged to tick the appropriate box provide all the data necessary for the Seller to issue the invoice.
2.3 By accepting these Rules and Regulations and selecting the option to receive the invoice in accordance with clause 2.2. hereof, the Customer agrees to issue and send an electronic invoice for Products purchased in the Store and, if necessary, an electronic correcting invoice, as well as duplicates thereof, to the e-mail address specified in the Order, in accordance with art. 2 clauses 31) and 32) and Art. 106n of the Act of March 11, 2004 on tax on goods and services (Journal of Laws of 2017, item 1221, 2491, as amended). In the absence of the consent or if the consent to receive the invoice via e-mail has been withdrawn, please contact us at the following e-mail address: firstname.lastname@example.org, providing at the same time the mailing address at which a document in paper form confirming the purchase is to be sent to the customer.
2.4 In the event that technical or formal obstacles prevent the invoices, duplicates and corrections of these invoices to be sent electronically, the Seller reserves the right to issue them in paper form and send them together with the ordered Products.
2.5 The Online Store sells Products via mail order. As part of the Online Store, new products are offered, free from physical and legal defects.
2.6 Before placing an Order in the Online Store, the Buyer has the opportunity to get acquainted with the main characteristics of the Product to be ordered.
2.7 All products available in the Online Store are located physically in the Seller’s warehouse. However, information concerning the availability of Products may change without prior notice.
2.8 Orders for Products shall be placed by completing the Order Form available in the Online Store in a correct manner. Detailed information on technical measures and subsequent steps in the procedure of filling out the form and placing the Order are displayed in the Online Store.
2.9 If the Order is placed in a correct manner, the Buyer receives an electronic confirmation (e-mail) to the e-mail address provided in the Order, along with the information that the Order has been accepted. The Seller shall not be held liable for failure to deliver the e-mail for technical reasons for which the Seller is not responsible.
2.10 Orders may be placed by registered persons who have an individual account in the Online Store, or by unregistered persons who provide all the data necessary to complete the Order, specified in the Order Form.
2.11 By placing an Order, the Buyer declares that it has the legal capacity to assume obligations specified in the Order and in these Rules and Regulations.
2.12 Each Order placed requires confirmation that the Buyer has read these Rules and Regulations as well as the Privacy and Cookies Policy, available on the Store’s website.
2.13 As soon as the Buyer has selected the method of payment for the Order and confirmed the submission of the Order to the Seller by clicking the “Order Now under Payment Obligation” button, the Order is placed in the Online Store, in accordance with the content of the basket and the order parameters specified in the basket (goods, price, number of items, characteristics, method and date of delivery, and any other parameters) and in accordance with these Rules and Regulations. By clicking the “Order Now under Payment Obligation” button, the Buyer confirms to be aware of the obligation to pay for the Order, regardless of the selected payment method.
2.14 By placing the Order, the Buyer submits an offer to the Seller to conclude a sales contract. The offer submitted binds the Buyer until it is revoked by the Buyer, unless it has been accepted by the Seller or until it is rejected by the Seller in accordance with clause 1.7 of these Rules and Regulations.
2.15 Confirmation of acceptance of the Order for execution shall be sent to the Buyer by the Seller in the form of an e-mail. The confirmation is the Seller’s declaration of acceptance of the Buyer’s offer and means the conclusion of the sales contract in accordance with the content of the Order as well as Rules and Regulations in force at the time of placing the Order. Such confirmation shall also be the confirmation of the conclusion of a remote contract, referred to in the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
2.16 The Store reserves the right to suspend the execution of the Order if the Order does not contain full data necessary to implement it or if the data is incorrect. The Store will contact you by phone or e-mail to determine or complete the necessary data in order to accept and execute the Order. In the absence of contact, after 7 days from the date of placing the Order, the Store shall have the right to cancel the Order and return the funds paid by the Customer for the Products covered by the Order cancelled.
2.17 The Store reserves the right to cancel the Order (rejection of the offer to conclude a sales contract in accordance with the content of the Order) if within 7 days from the date of placing the Order to be paid in advance the full price for the Order has not been paid. The Store will then inform the Customer about the cancellation of the Order and return the funds paid to the Customer on account of the Order cancelled. The same procedure applies in the event of rejection of the Order by the Seller in accordance with clause 1.7 hereof.
2.18. The Buyer may withdraw from the sales contract on the terms provided for in Chapter 9 of these Rules and Regulations below.
2.19 On account of placing an Order, the Buyer shall be obliged to provide his/her true and current data, including e-mail address, telephone number and data for the delivery of Products. The consequences of providing untrue or outdated data by the Buyer, including a delay in the execution of the Order or the inability to execute it for this reason, shall be borne solely by the Buyer.
3. DISPATCH AND DELIVERY
3.1 Products ordered by the Buyer in accordance with these Rules and Regulations shall be delivered to the address provided by the Buyer in the Order to be used as the delivery address.
3.2 The Store shall execute Orders within 7 business days from the moment of payment for the Order placed by the Buyer and posting this payment on the Seller’s account. The execution of the Order shall be understood as the provision of a ready package to a courier company. The Customer shall be informed about providing the shipment constituting the
implementation of the Order to the courier company via e-mail or SMS, while receiving the number of the consignment note.
3.3 In the event of difficulties with the execution of the Order, the Customer shall be informed forthwith.
3.4 The Seller executes Orders only in the territory of Poland, using the following delivery methods: delivery via courier companies (In Post and FedEx). Detailed rules for the delivery of shipments by courier companies are set out in the terms of service provided by FedEx Express Poland sp. z o.o. and InPost S.A.
3.5 Information about the price, date and costs of delivery shall be provided each time during the process of placing the Order, and confirmed by the Seller in an e-mail confirming the acceptance of the Order, sent to the Buyer.
3.6. The Products Ordered shall be delivered against payment, unless otherwise stipulated in the special sales conditions related to the selected Products (e.g. in periodic promotions or special offers) in force at the time of placing the Order.
4. PRICES AND DISCOUNTS
4.1 All prices of the Products available in the Online Store are given in Polish zlotys (PLN) and are the prices applicable at the time of placing the Order by the Customer.
4.2. Prices of the Products include applicable taxes, including value added tax (VAT) in effect on the date of placing the Order. The change in the VAT rate shall be automatically applied in relation to the price of Products available in the Online Store.
4.3. Prices of the Products presented in the Online Store shall not include costs of delivery, which, if they are due, shall be added to the price of the Products ordered and presented separately when the Order is placed and on the sales document.
4.4 The Store reserves the right to change the prices of the Products in the Seller’s offer, introduce new products to the offer, carry out and cancel promotional campaigns on the Store’s website and change them at any time. However, the price of a given Product, accepted by the Customer at the time of placing the Order, shall be binding for the sales contract concluded as a result of placing such Order.
4.3 In the case of Product offer valid until stock sold out, the Orders containing correct data in the electronic sales system shall be processed on a first come first served basis (placement of Orders in the Online Store). The number of Products at promotional prices that can be purchased by one Customer may be limited.
4.4 All and any promotions, special offers, rebates, and discounts in the Online Store shall not be used in combination with each other, unless otherwise explicitly specified in the promotion, special offer, information about the rebate or discount.
4.5 Promotions and stock clearance are limited in time and may be limited in terms of quantity or until stocks last.
4.6 The Customer may not request a refund of the difference between the promotional price and the standard price if the Order has been placed before or after the period during which the promotion was valid.
4.7 The Seller informs that it may carry out promotional campaigns for products with a short shelf life. The Customer shall have the right to withdraw from the contract / file a complaint under the warranty / use the remorse return in relation to contracts the subject of which are products with a short shelf life, but sufficient at the time of concluding the contract to fully use the product in accordance with the manufacturer’s instructions, of which the seller informed the buyer when the order was being placed (information about the expiry date and the inability to exercise the aforementioned rights were specified in the online store, e.g. in the product description).
5.1 The Customer may choose the following online payment methods (payment for the Order in advance) for the Products ordered, immediately upon placing the Order:
5.1.1 Online payments made using one of the payment systems accepted by the store:
- Przelewy24 – carried out by PayPro Spółka Akcyjna with its registered office at ul. Kanclerska 15, 60-327 Poznań, NIP: 779-236-98-87,
- PayU – carried out by PayU S.A., with its registered office at ul. Grunwaldzka 186, 60-166 Poznań, NIP: PL7792308495;
- Blik – carried out by Polski Standard Płatności spółka z ograniczoną odpowiedzialnością with its registered office at ul. Czerniakowska 87A, 00-718 Warsaw, NIP: PL5213664494;
- PayPo1 – carried out by PayPo Sp. z o. o. with its registered office at ul. Domaniewska 39, 02-672 Warsaw, NIP: PL5213705997;
After placing the order, the Customer shall be redirected to the website of the payment operator selected upon placing the Order, where the payment should be made immediately, in accordance with payment regulations applicable at a payment operator selected by the Customer.
5.1.2 Payment by payment card – the store accepts payments made by payment cards (credit and debit cards): Visa and MasterCard, only through online payment operators Przelewy 24 and PayU, indicated in clause 5.1.1. above.
6. NON-CONFORMITY OF THE PRODUCT WITH THE SALES CONTRACT – WARRANTY FOR DEFECTS
6.1 The Seller shall be liable towards the Buyer if the product sold has a physical or legal defect (e.g. it is faulty, damaged, incomplete). The Buyer may submit a complaint to the Seller under the warranty provisions (Article 556 et seq. of the Civil Code). None of the provisions of these Rules and Regulations excludes or limits consumer rights under applicable law.
6.2 Complaints related to defects in the Products purchased (warranty) are reported and resolved in accordance with the general rules for submitting complaints, specified in clause 7 hereof.
6.3 If the Customer’s complaint related to the defect of the Product purchased is accepted, the Seller shall provide the Customer, at the Seller’s expense, with a Product free from any defects, while collecting the damaged, defective product, unless the damaged, defective product has been previously sent back to the Seller (clause 7.5 hereof).
6.4 The Seller informs that the Buyer’s subjective feelings regarding the Buyer’s individual tastes (e.g. if the smell or colour of the Product do not suit the Buyer) do not mean that the product is defective within the meaning of the provisions of the Civil Code on warranty and they are not subject to complaints in this respect.
7. GENERAL PRINCIPLES OF SUBMITTING COMPLAINTS
7.1 The Seller accepts notifications and complaints and provides information on the Products in writing or via e-mail and electronic forms (https://veolibotanica.pl/kontakt). Contact details are specified in clauses 7.2.1 – 7.2.2.
7.2. The Seller only accepts notifications and complaints regarding goods purchased in the Seller’s Online Store. The Seller shall not accept or resolve applications and complaints regarding goods purchased through other channels, i.e. from other distributors, in stationary and online stores of third parties, etc. Complaints and notifications regarding goods purchased in a different way than through the Seller’s Online Store should be submitted to the place of purchase.
7.2 In order to submit a complaint, the Buyer shall be obliged to submit an unequivocal declaration of will to the Seller by contacting the Seller in the manner chosen out of the following:
7.2.1 via e-mail at the address:: email@example.com.
7.2.2 in writing to the mailing address:
Veoli Botanica Sp. z o.o., al. Stanów Zjednoczonych 61, 04-028, Warsaw, with an annotation „Complaints.”
7.3 In order to effectively submit a complaint, identify the Customer and resolve the complaint by the Seller, the Customer shall be obliged to provide in the complaint or attach the following data to the complaint: name and surname, address, e-mail address, telephone number, subject of the complaint, Order number and the proof of purchase issued in connection with the Order, all circumstances justifying the complaint, and in the case of a complaint regarding defective goods – the Buyer’s demands in accordance with art. 560 – 561 of the Civil Code, the date of finding the defect in the Product and photographs confirming the defect. When submitting a complaint, the Customer may use the complaint form available at https://prawakonsumenta.uokik.gov.pl/formularze/, provided that the Customer provides all the necessary data referred to in the preceding sentences in the form or attaches such data to the form.
7.4. In the case of complaints caused by adverse reactions, e.g. allergy to the Product, the Customer shall be requested to specify in the complaint the adverse reaction caused by the use of the Product and a description of such adverse reaction.
7.5 On the basis of the information provided to the Seller by the Customer, in particular information regarding the defect of the Product, each time the Seller shall decide whether it is necessary to deliver the defective goods to the Seller in order to resolve the complaint, and inform the Customer about it. If the Seller decides that it is necessary to deliver the defective Product to the Seller in order to resolve the complaint, complaints under the warranty of goods purchased in the Online Store shall be made by returning the defective goods by post or courier to the Seller’s address specified in clause 7.2.2. hereof. In this case, the deadline for resolving the complaint is counted from the date of sending the defective Product to the Seller. If the Customer fails to send the defective Product back to the Seller, the Seller shall not be able to recognize the complaint.
7.6 If, in accordance with the Seller’s decision, the Customer should send the defective Product back to the Seller for the complaint to be resolved, the shipment containing such Product should be secured to prevent damage during transport.
7.7 After submitting a complaint, the Customer shall receive detailed information from the Seller about further steps in the procedure.
7.8 Consideration of the complaint by the Seller is possible only if the Customer meets all the conditions required in these Rules and Regulations.
7.9 The Store shall resolve the complaint within 14 calendar days from the date of receipt of the shipment with the Product being the object of the complaint, and if there is no need to return the product in accordance with the Seller’s decision, the deadline shall be counted from the date of correct submission of the complaint by the Customer in accordance with clause 7.7 hereof. The response to the complaint may be sent in the same form as in the case of the application or complaint.
7.10. The method of resolving the complaint depends on the Buyer’s request made in the complaint. According to Art. 560-561 of the Civil Code, if the goods sold are defective:
7.10.1 The Buyer may submit a statement on reducing the price or withdrawing from the contract, unless the Seller, immediately and without undue inconvenience to the Buyer, replaces the defective product with a product free from any defects or removes the defect; this limitation shall not apply if the goods have already been replaced or repaired by the Seller or the Seller has failed to fulfil the obligation to replace the goods with a product free from any defects or remove the defect. If the Consumer is the Buyer, instead of removing the defect proposed by the Seller, she/he may demand replacement of the goods with a product free from any defects, or instead of replacing the goods, demand removal of the defect, unless bringing goods into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the manner proposed by the Seller. The reduced price should be in such proportion to the price resulting from the contract, in which the value of defective goods corresponds to the value of goods free from any defects. The Buyer may not withdraw from the contract if the defect is insignificant.
7.10.2. The Buyer may demand replacement of the goods with a product free from any defects or removal of the defect. The Seller shall be obliged to replace defective goods with goods free from any defects or to remove the defect within a reasonable time without undue inconvenience to the Buyer. The Seller may refuse to satisfy the Buyer’s request if bringing goods into conformity with the contract in the manner chosen by the Buyer is impossible or involved excessive costs in comparison to the other potential method of bringing defective goods into conformity. If the Buyer is an entrepreneur, the Seller may refuse to replace the item with a defect-free item or remove the defect also when the costs of meeting this obligation exceed the price of the item sold (defective Product).
7.11 The Seller’s liability under warranty shall be excluded in cases provided for in applicable law, in particular:
7.11.1. The Seller shall be released from liability under warranty if the Buyer was aware of defective goods at the time of concluding the contract (Article 557 § 1 of the Civil Code).
7.11.2. The Seller shall not be responsible for the fact that goods do not have the properties ensured publicly, if these properties could not affect the Buyer’s decision to conclude the sales contract, or if their content was corrected before the conclusion of the sales contract (Article 557 § 3 of the Civil Code).
7.12 In the case of a favourable outcome of the complaint with a request to reduce the price or withdraw from the contract, the Buyer shall return the Product being the subject of the complaint to the Seller, and the Seller shall refund the payment for the Product (or the amount of the price reduction) to the Customer using the same form of payment the Customer used to pay for the Order covering defective Products or to the bank account number provided in the complaint or in a return form. If it is not possible to return the funds using the same form of payment that the Customer used to pay for the Order, within 14 days from the date of resolving the complaint. In the case of a favourable outcome of the complaint, the Seller shall also provide the Customer with the cost of shipping including defective goods specified in clause 7.5. hereof, at the Seller’s request.
8. COMPLAINTS RELATED TO ORDER DELIVERY
8.1 Upon delivery of the Order, the Customer should check the condition of the shipment before confirming its receipt, in particular assess whether the shipment has no damages or defects. If the Customer finds that there has been loss or damage to the shipment (parcel) during transport, the Customer:
– may refuse to collect the parcel from the courier or from a parcel locker while completing the damage report or by reporting this fact in the parcel locker,
– may provide the courier with objections upon receipt of the shipment by completing the damage report or by reporting this fact in a parcel locker, collect the parcel and report any irregularities to the Seller and to the courier company or a postal operator within a maximum of 7 days from the date of receipt of the parcel.
8.2 The Customer should check the content of the parcel immediately after opening it. If the content of the parcel is found to be inconsistent with the Order placed or if products are damaged, the Customer should report this fact to the Seller by submitting a general complaint in accordance with clause 7 hereof.
8.3 The Customer may submit a complaint on account of irregularities related to the delivery, at the Customer’s discretion, to the entity rendering postal or courier services or to the Seller, provided that the Customer has reported objections to the condition of the shipment upon delivery and completed the damage report. The entity rendering postal or courier services investigates complaints in accordance with the rules and regulations applicable at this entity. Information on complaint procedures applied by the entity rendering postal or courier services shall be provided directly by such entity.
8.4 If the Customer’s complaint to the Seller concerns damaged shipment or damaged products for reasons arising during transport, such complaint should meet the complaint requirements specified in clause 7 hereof, and additionally, it is necessary for the Customer to attach a damage report from the courier company or a postal operator delivering the parcel to such complaint. The damage report shall be the basis for the complaint to be resolved by the Seller.
9. WITHDRAWAL FROM THE CONTRACT
9.1 Pursuant to Art. 27 of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended), the Seller informs that the Consumer shall have the right to withdraw from the sales contract concluded remotely (as part of the Online Store) within 14 (calendar) days, without giving any reasons.
9.2 The deadline to withdraw from the sales contract expires after 14 days from the date on which the Consumer came into possession of the Product purchased or on which a third party other than the carrier and indicated by the Consumer came into possession of the Product, in relation to which the Consumer is willing to withdraw from the sales contract.
9.3 In order to meet the deadline for withdrawal from the contract, it is sufficient for the Customer to provide the Seller, before the lapse of the time limit specified in clause 9.2 hereof, with an unequivocal statement of withdrawal from the sales contract in either one of the forms specified in clauses 7.2.1 – 7.2.2 hereof. The template of the statement of withdrawal from the contract is available at veolibotanica.pl/odstąpienie-od-umowy. In order to submit a statement of withdrawal from the contract, the Customer may also use the withdrawal form attached as Appendix 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), however, this is not mandatory.
9.4. Pursuant to Art. 38 clauses 4 and 5 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Consumer shall not have the right to withdraw from a contract concluded remotely:
9.4.1 where the subject is an item that breaks down quickly or has a short shelf life;
9.4.2 where the subject is an item delivered in a sealed package, which cannot be returned after opening on account of health protection or for hygiene reasons, if the package was opened after delivery.
9.5. In the event of withdrawal from the sales contract by the Customer in relation to Products delivered in sealed packages (e.g. creams, liquids, tonics, gels, oils, lotions, emulsions, serums, scrubs and the like), the Customer shall be obliged to return the Product to the Seller in the undamaged and sealed package. If the Product returned is delivered to the Seller and the seal is broken, the Customer’s withdrawal from the contract in relation to such Product has no legal effects.
9.6 In the event of withdrawal from the contract, the Seller provides the Customer (the Consumer) immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, with all payments made by the Customer related to the contract, including the costs of delivering Products (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller). The Seller returns payments using the same form of payment as the Customer used to pay for the Order covering the Product returned, or to the bank account number provided in the return form if it is not possible to return the funds using the same form of payment as the Customer used to pay for the Order.
9.7 The Seller may withhold the reimbursement of payments received from the Consumer in the event of the Consumer’s withdrawal from the contract, until receipt of the return of goods or until the proof of sending the goods to the Seller has been provided to the Seller, whichever occurs first. Refunds and overpayments are regulated in detail in clause 11 hereof.
9.8 The Consumer shall be obliged to return the Product in relation to which the Consumer has withdrawn from the sales contract immediately, no later than within 14 days from the date of submitting the statement of withdrawal from the sales contract, subject to clause 9.5 hereof. The deadline is met if the Consumer sends the parcel with the returned Product before its expiry. The Product returned should be sent to the following address:
Interphone Service Sp. z o. o.
ul. Inwestorów 13,
with an annotation – „Veoli Botanica. Return”
9.9 The cost of shipping the Product returned to the Seller shall be borne by the Consumer. The shipping cost is the usual shipping cost according to the tariffs of postal operators. The Consumer can get acquainted with sample price lists on the websites of Poczta Polska or other entities providing such services. In addition, the Consumer shall bear direct costs of returning the product, e.g. packaging.
9.10 If upon placing the Order, the Consumer has chosen a method of delivering the Product other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for additional costs incurred in this respect in the event of withdrawal from the contract and return of the Product.
10. REFUNDS AND OVERPAYMENTS
10.1 In the event of circumstances obliging the Seller to return the amounts due or their part (overpayment), paid by the Customer to the Seller’s account, the refund shall be made within a maximum of 14 days, using the same payment method that the Customer selected while placing the Order, unless the refund with the use of the same form of payment that the Customer chose when placing the Order is not possible.
10.2 The Seller reserves the right to verify the Customer’s identity submitting the return order. The Seller shall not be responsible for failure to refund or delay of the return date if the Customer, despite the request sent to the Customer’s e-mail address, fails to provide the bank account number to which payment is to be made, or if the Customer fails to provide the store with all the data necessary to make the payment (provided that such data has not been provided before).
10.3 The Store shall not be held liable for failure to refund or for delay of the return if it was due to the Customer providing incorrect personal data (name, surname, address) or an incorrect account number.
10.4 All refunds shall only be cashless.
11.1 The Newsletter shall refer to a service consisting in periodically sending of an information bulletin and marketing messages to the e-mail address provided by the Customer.
11.2 The Customer may voluntarily consent to the subscription (service) of the Newsletter. At the time of giving consent to the subscription, a free-of-charge contract for the provision of Newsletter services is concluded between the Customer and the Seller.
11.3 The Customer may cancel subscription (service) of the Newsletter at any time. The Customer may cancel the Newsletter subscription without giving any reason and without incurring any costs. Cancellation of the Newsletter subscription shall result in the immediate termination of the contract for the provision of this service.
12. PERSONAL DATA PROTECTION
12.1 Please be informed that according to the Act of May 10, 2018 on personal data protection (Journal of Laws of 2018, item 1000, as amended), the personal data provided by the Customer will be protected against access by unauthorized persons. Personal data provided on the basis of the Customer’s consents are collected for the purposes provided for in the consents given. Each Customer shall have the right to access their data, edit them or request their removal.
13. FINAL PROVISIONS
13.1. The sale of Products by the Seller in the Online Store takes place only in Poland and is subject to Polish law, regardless of the country of residence of the Customer and the place where the Order is placed.
13.2. The Seller does not use out-of-court means of pursuing claims regarding contracts concluded via the Online Store, nor does the Seller undertake to use such methods, unless such an obligation results from the mandatory provisions of law. Detailed information on the possibility for the Customer to use such methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, can be found on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Information in this regard may also be available at the headquarters and on the websites of the Provincial Inspectorates of the Trade Inspection, poviat (municipal) consumer ombudsmen, as well as social organizations the statutory tasks of which include consumer protection.
13.3. In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on the online system of consumer dispute resolution and on amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (ODR Regulation in consumer disputes), the Seller informs that there is an online platform for resolving disputes by electronic means (ODR Platform) at https://ec.europa.eu/consumers/odr, constituting an access point for consumers and entrepreneurs seeking out-of-court settlement of disputes regarding goods or services purchased online to which the Consumer residing in the European Union, Norway, Iceland or Liechtenstein is a party. The Seller informs, however, that s/he shall not undertake to use the above ODR platform in connection with contracts concluded as part of the Online Store, unless such an obligation results from the mandatory provisions of law.
13.4. The Seller informs that the Buyer who is a consumer may obtain free assistance in a dispute between such Buyer and the Seller by contacting the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Information for consumers, including information on the possibility of obtaining assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
13.5. The fact that the Seller does not take legal measures towards the other party to the legal transaction on account of the fact that such party fails to comply with any obligations arising from the legal transaction concluded, these Rules and Regulations or other documents that this party has undertaken to comply with, does not mean that the Seller waives now or in the future the right to take such legal measures.
These Rules and Regulations are valid starting October 3, 2022.