Terms and Conditions of Online Shop

§ 1

Preliminary Provisions

  1. The CBD Green online store available at the internet address cbdgreen.pl is run by BENATURAL Sp. z o. o. with its registered office in Drzewica, entered into the National Court Register by the District Court for Łódź-Śródmieście, in Łódź, Economic Department of the National Court Register under the number KRS 0000836728, with share capital 5000 PLN, NIP 7681843587 REGON 385883596

§ 2

Definitions

  1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
  1. Seller – BENATURAL Sp. z o.o. with its registered office in Drzwica at ul. Fabryczna, postcode 26-340, entered into the National Court Register by the District Court for Łódź-Śródmieście, in Łódź, Commercial Department of the National Court Register under the number KRS 0000836728, with share capital 5000 PLN, NIP 7681843587, REGON 385883596
  1. Customer – any person making purchases through the Store.
  2. Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, to whom a separate law confers legal capacity, carrying out on their own behalf a business activity that uses the Store.
  3. Shop – online store run by the Seller at the Internet address cbdgreen.pl
  4. The agreement was concluded at a distance – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
  5. Terms and Condition – these Store regulations.
  6. Order – Customer’s declaration of intent made via the Order Form and directly aimed at concluding a Product Sales Agreement or Products with the Seller.
  7. Account – Customer account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
  8. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  9. Cart – an element of the Store’s software in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  10. Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  11. Sales agreement – Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the features of the Product – a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

  1. Seller address: ul. Fabryczna 16/2 26-340 Drzewica
  2. E-mail Sprzedawcy: biuro@benatural.pl
  3. Tel: +48 788277990
  4. Bank account number: 98 1140 2004 0000 3502 7994 5010
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

§ 4

Technical requirements

  1. To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:
    1. device with access to the Internet
    2. active e-mail account (e-mail)
    3. cookies enabled
    4. FlashPlayer installed

§ 5

General Information

  1. The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the Store’s operation, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data enabling the Order to be carried out without creating an Account in accordance with the provisions of § 6 of the Regulations.

§ 7

The rules for submitting orders

In order to submit orders as follows:
  1. select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
  2. Fill out the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient’s details,
  3. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

§ 8

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. Courier delivery, cash on delivery courier
  2. The customer can use the following payment methods:
    1. cash on delivery
    2. bank transfer
    3. e-payments
  3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the customer chooses:
    1. payment by bank transfer, electronic payments, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
    2. cash on delivery, the Customer is obliged to make the payment on delivery.
  4. The product will be sent by the Seller within the time limit indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
  5. In the case of ordering Products with different delivery times, the delivery date is the longest given date. When ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts or to deliver all Products after completing the entire order.
  6. The start of the period for delivery of the Product to the Customer is counted as follows:
    1. If the Customer chooses the method of payment by bank transfer, electronic payments – from the date of crediting the Seller’s bank account.
    2. If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement
  7. If the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
  8. In the case of ordering Products with different terms of readiness for collection, the date of readiness for collection is the longest given date.
  9. The beginning of the Product’s readiness for collection by the Customer is counted as follows:
    1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
    2. If the Customer chooses cash on delivery – from the date of the Sale Agreement.
  10. Product delivery takes place only in Poland.
  11. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

§ 10

The right to withdraw from the contract

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
  3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
  4. The consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
  5. The statement may be sent by traditional mail, fax or by e-mail by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted on the form, the specimen of which is Annex 1 to these Regulations and Annex to the Act of 30 May 2014 on consumer rights, however, it is not mandatory.
  6. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
  7. Consequences of withdrawal from the Agreement:
    1. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
    2. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, without the cost of delivering the item.
    3. The Seller will refund the payment to the customer’s bank account.
    4. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
    5. The consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
    6. The consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
    7. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
  8. If, due to the nature of the Product, it cannot be sent back by regular mail, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
  9. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs
    2. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery
    3. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life
    4. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement
    5. 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 to withdraw from the Agreement
    6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items
    7. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations on the market over which the Seller has no control
    8. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery
    9. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract
    10. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract

§ 11

Complaint and warranty

  1. The Sales Agreement covers new Products.
  2. The seller is obliged to provide the customer with an item free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code.
  4. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
  5. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods.
  6. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
  7. Goods sent as part of the complaint procedure should be sent to the address: ul. Barbary 5E/5 05-270 Marki.

§ 12

Out-of-court complaint consideration and redress methods

  1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Inspection Handlowa 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.
  2. The consumer has the following examples of options for using out-of-court complaint handling and redress:
    1. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
    2. The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
    3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the Online Store

  1. The administrator of personal data of Customers collected via the Online Store is the Seller.
  2. Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
  3. The recipients of personal data of the Customers of the Online Store may be:
    1. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
    2. In the case of a Customer who uses the Online Store with the method of electronic payments, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
  4. The customer has the right to access their data and correct them.
  5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

§ 14

Final Provisions

  1. Agreements concluded through the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
  4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.