ONLINE STORE REGULATIONS
The only owner of the website www.mapazdrowia.pl is Andrzej Prokopiuk conducting economic activity under the business name of Mapa Zdrowia Andrzej Prokopiuk, in Warsaw, ul. Jana Pawła II 150, 05-077 Warszawa, entered into the Central Register of Economic Activity, NIP (Tax Identification Number): 5252079096, REGON (Statistical Number): 050583184, e-mail: firstname.lastname@example.org, phone no. + 48 22 297-00-09 (the „Seller”). The Seller runs an on-line shop on the afore-mentioned website, dealing with sale of (inter alia) seeds, herb mixtures, food supplements and other foods as well as cosmetics and printed information material (the „On-line Shop”). The sale effected via the On-line Shop and the use of the website indicated in the first sentence hereof take place under the principles, in the time and place defined in these regulations (the „Regulations”).
- Any natural person of age, any legal person or unincorporated association granted legal capacity by the act may use the On-line Shop, provided that it places a relevant order with the use of the order form.
- The persons defined in Section 1 are referred to as „Buyers” or „Clients”.
- A Buyer being a natural person that has placed an order that is not directly connected with its economic or professional activity within the meaning of Article 221 of the Polish Civil Code is referred to as the „Consumer”.
- The subject of sale of the Seller’s On-line Shop are seeds, herb mixtures, food supplements within the meaning of the Nutrition and Food Safety Act of 25 August 2006 (Dz. U. 2006 No. 171 item 1225) and other foods and cosmetics and printed informational material, including but not limited to the „Health Bulletin” (the „Products” or „Goods”). All Products sold through the On-line Shop have a marketing authorisation in the territory of the Republic of Poland. The subject of sale of the On-line Shop of the Seller is also digital contents, i.e. contents produced and delivered in the digital form, not saved on a material carrier, delivered by the Seller through the On-line Shop to the Customer, upon payment of the Price (the „E-book”). Whenever the Regulations mention Products, they also include E-books, unless the content of the given provision indicates otherwise.
- The sale of Products is possible from the time of placement by the Seller of a given Product in the On-line Shop on subpage „Products”. The information on the Product placed on the website with the price constitute an offer within the meaning of Article 543 of the Polish Civil Code.
- Prices given in the On-line Shop include all duties and taxes. The prices provided do not include the costs of delivery.
- For the purpose of purchase of Products it is necessary to place an order by means of activating relevant options available on the website of the On-line Shop next to each Product and to follow the hints given to the Buyer at each stage of placing an order.
- While completing the order form the Buyer will be asked to provide the following information:
- Telephone number,
- E-mail address.
- To do the shopping the Buyer should accept the Regulations.
- The Buyer may choose from the following means of payment:
- Payment with PayU or PayPal,
- Payment by bank transfer, postal order or other
- Cash on Delivery, only for deliveries in the territory of the Republic of Poland
- Cash on Delivery with verification of content, only for deliveries in the territory of the Republic of Poland.
- The Products are delivered to the Customer according to the option chosen by the Customer, either by the Polish Post (priority shipment) or by courier service. The costs of delivery shall be borne by the Buyer, in compliance with the calculation of shipment costs contained at http://primvital.com/shipment-cost/.
- E-books are delivered as follows, depending on the form of payment:
- In the event of payment set out in Section 6 items 1-2 above – in the form of a file attached to an e-mail sent to the e-mail address provided at the time of completion of the order form;
- In the event of payment set out in Section 6 item 3 above – in the form of a properly secured and coded link sent by letter.
At the time of completion and approval of all required fields of the order form („Placing the Order” or the „Order”) and clicking the ‚I order and pay’ button.
- The sale agreement is deemed concluded.
- In the event of non-availability of all or any of the Products ordered by the Buyer, the Seller will immediately, but within not more than thirty days of the conclusion of the agreement, notify the Buyer and refund the money received from it in the whole.
[Performance of the agreement]
- The payment to the Seller should be made:
- within 7 days of Placing the Order in the event of selection of the payment method set out in § 4. Section 6. items 1 and 2 hereof (the „Advance Payment”),
- at the time of collection of the order in the event of selection of the payment method set out in § 4 Section 6 items 3 and 4 hereof (the „Cash on Delivery”).
- At the time of the release of Goods by the Seller all benefits and burdens connected with the Product as well as the risk of accidental loss of or damage to the Product pass to the Buyer. If the Product is to be sent by the Seller to the Buyer being a Consumer, the risk of accidental loss of or damage to the goods passes to the Buyer at the time of the release thereof to the Buyer. The release of goods is understood as the entrusting of the goods to a carrier, if the Seller had no influence on the selection of the carrier by the Buyer.
In the event of an Advance Payment the payment of the price should be transferred to the Seller’s bank account provided at http://primvital.com/wire-transfer/.
- The time of waiting for the receipt by the Buyer of a given Product (the delivery time) includes the time of order performance (preparation of Products for shipment) by the Seller and the time needed to deliver the Product by a carrier. In the event of an Advance Payment the Product will be sent to the Buyer within 5 business days, understood as days from Monday to Friday, except days free from work, after the payment has been credited on the Seller’s bank account. In the event of Cash on Delivery, the Product will be sent to the Buyer within 5 business days of the conclusion of the sale agreement. To the afore-mentioned time the time of delivery of the Product by a carrier (courier) should be added, which is presented in the On-line Shop on subpage http://primvital.com/lead-time/
- In the event of making an Advance Payment and a failure to collect the shipment with the Product, the shipment is returned to the Seller. The Buyer may request the Seller to reship the product, provided that the Buyer covers extra costs of shipment, i.e. the costs of return of the shipment to the Seller and the costs of reshipment to the Buyer. If the Buyer, following the advance payment, resigns from the order of the Product, it will be refunded the transferred amount to the bank account, less the costs of shipment to the Buyer and the costs of return of the shipment to the Seller.
- In the event of Cash on Delivery and a failure to collect the shipment with the Product, the shipment is returned to the Seller. In the event of a failure to collect the shipment and the return thereof to the Seller, the Seller will send the Buyer in the electronic form, to the e-mail address provided by the Buyer, information on a failure to collect the shipment and set additional time limits of 30 days to submit a request to reship the Product. The Buyer’s failure to react within the afore-mentioned time limits or another failure to settle the payment and to collect the shipment is a condition terminating the Product sale agreement.
- In the event of a repeat cash on Delivery shipment, the Buyer is obliged to cover shipment costs – unless failure to collect the original (first) shipment did not result from reasons attributtable to the Buyer (e.g. Refusal to Accept Delivery).
- The Buyer herewith agrees to the receipt of invoices in the electronic form, in any electronic format.
[Right to withdraw]
- The Buyer being a Consumer may withdraw from the agreement within 14 days without giving a reason and without incurring any costs other than the ones provided for in legal provisions in force. The afore-mentioned time limits are considered to be met if the notice is submitted prior to the expiry of the said time limits.
- The 14-day time for withdrawal from the agreement starts to run in the event of Product sale agreement from the possession of the Products by the Consumer or a third party indicated by it, other than the carrier. If the sale agreement covers many Products, delivered separately, in lots or parts, from the possession of the last item (Product), lot or part.
- The Consumer may withdraw from the agreement on the basis of a declaration on withdrawal from the agreement. The said declaration may be made with the use of the template of the form of withdrawal from the agreement, constituting an Annexe hereto. However, it does not limit the Consumer’s right to make any other unequivocal declaration to withdraw from the agreement.
- The declaration may be submitted in particular by e-mail to: email@example.com, or by post to the correspondence address: Mapa Zdrowia Andrzej Prokopiuk ul. Jana Pawła II 150, 05-077 Warszawa Poland. The consumer bears liability for reduction in the value of the returned Products as a result of the use thereof in a way exceeding the scope necessary to learn about the nature, properties and functionality of the Products.
- The Consumer is obliged to return the Product to the Seller or provide the Product to a person authorised by the Seller for the collection thereof immediately, but within not more than 14 days of the date of its withdrawal from the agreement. The returned Products should be sent to: Mapa Zdrowia Andrzej Prokopiuk ul. Jana Pawła II 150, 05-077 Warszawa.
- The Consumer only bears the direct cost of the return of the Product.
- The Consumer is not entitled to a right to withdraw from the agreement with regard to the agreement:
- whose subject is the Product delivered in a sealed package, which cannot be returned after the opening thereof because of health protection or for hygienic reasons, if the package was opened after the delivery thereof.
- Notwithstanding the right to withdraw from the agreement the Consumer is entitled to as set out in Section 1 above, the Buyer is entitled to withdraw from the sale agreement within 90 days of the date of the receipt of the Product and, if the product is the „Health Bulletin”, within 30 days from the date of receipt of the „Health Bulletin”, if the Product does not meet its expectations, if it makes a relevant declaration to the Seller within the afore-mentioned time limits and returns unused Products or the „Health Bulletin” (the „Money Back Guarantee”). In the said event all and any costs connected with the delivery to the Buyer and return to the Seller shall be borne by the Buyer. It is assumed that the Buyer may use 3 items of the same product within 90 days without an obligation to return them, while the purchased quantity exceeding 3 items is to be returned to the Seller. The preceeding sentence does not apply to the Money Back Guarantee for the „Helath Bulletin”.
- The Buyer may exercise the right to the 90-day Money Back Guarantee set out in the previous Section only once with regard to the given Product or a given „Health Bulletin”.
- In the event of withdrawal from the agreement concluded in a remote manner, the agreement is deemed not to have been concluded. The Seller is obliged to immediately, but within not more than 14 days of the receipt of the Consumer’s declaration on the withdrawal from the agreement, refund the Consumer all payments made by it, including the costs of the delivery of the Products. The Seller refunds the payment with the use of the same means of payment as the ones used by the Consumer, unless the Consumer expressly gave consent to any other manner of refund, which will be connected with no extra costs for the consumer.
- The Seller is obliged to deliver the Products free from defects. The Buyer may pursue its claims in the scope of defects of the Products by e-mail to firstname.lastname@example.org. The complaint should include the cause of the notification, the claim made by the Buyer and contact data (name, surname, full address) of the Buyer, in order to accelerate the process of consideration of complaints.
The Seller is responsible to the Buyer for any physical or legal defects of the sold Goods (warranty). If the sold Product has any defect, the Buyer may:
- make a declaration on the reduction in the price or on withdrawal from the agreement, unless the Seller, immediately and without excessive inconvenience to the Buyer, replaces the defective Product into a Product free from defects or removes the said defect. The price reduction should be a proportion of the value of the defective Product to the value of the Product without the defect. The Buyer may not withdraw from the agreement if the defect of the Product is not significant;
- require that the Product be replaced into a new Product free from defects or that the defect be removed. The Seller is obliged to replace the defective Product into a Product that is free from defects or remove the defect within reasonable time limits without excessive inconvenience to the Buyer.
with reservations and under the principles defined in relevant provisions of the Polish Civil Code.
- If the Buyer is a Consumer, it may, instead of the removal of the defect suggested by the Seller, require that the Product be replaced into a Product free from defects or that the defect be removed, unless it is impossible to make the Product comply with the agreement in the way selected by the Consumer, or if it requires excessive costs as compared with the Seller’s proposal. As regards the evaluation of excessive costs, the value of Goods free from defects, type and significance of the found defect as well as the inconvenience to the Consumer caused by any other manner of satisfaction of claims are taken into account.
- The Buyer exercising its rights under the warranty is obliged to deliver the defective Goods at the Seller’s cost to the following address: Mapa Zdrowia Andrzej Prokopiuk ul. Jana Pawła II 150, 05-077 Warszawa Poland.
- If the Buyer being a Consumer requires that the goods be replaced or that the defect be removed or has made a declaration on the reduction in the price, defining the amount by which the price is to be reduced, and the Seller failed to respond to the said request within 14 days, the request is deemed justified.
- The Seller is liable under warranty if the physical defect is found prior to the expiry of two years of the release of the goods to the Buyer. A claim for removal of the defect or replacement of the Product into a Product free from defects is subject to limitation after the expiry of a year after the date of finding the defect, but in the event of purchase of Products by the Consumer, the running of the limitation may not end prior to the expiry of the time limits set out in the first sentence.
- The use of the On-line Shop is voluntary.
- Personal data (common personal data) of the Buyers, received by the Seller with the use of the registration form, is provided by Buyers voluntarily (1).
- The Seller is the data controller.
- The data controller will process the personal data of Buyers for the purpose of the performance of the service provision agreement or the sale agreement and for the purpose of running the On-line Shop and for any other purposes to which the Buyer gave consent or which result from the Buyer’s instructions or an agreement between the Seller and the Buyer.
- Instructions: Personal data (common personal data) is provided to the Seller voluntarily. Each Buyer has an unlimited right to view its data, correct and delete it. The recipient of Buyers’ personal data and the data controller is the Seller.
- The Seller may make available, in no other way than resulting from the purpose of the On-line Shop and the scope of the consent and declarations given and made, no information or data on Buyers to any other third parties without a legal basis making the Seller do such an activity and ensures that it will make every effort to protect such information properly, in particular in the manner provided for in the provisions of the Personal Data Protection Act and the Ordinance issued on the basis thereof.
- Justification: Personal data (common personal data) is passed to the Seller voluntarily. Each Buyer shall have an unlimited right to access their personal data and to correct or remove it. The seller is the sole recipient and administrator of the personal data of the Buyers.
- The Seller undertakes not to disclose, as outside the limits of the purpose of the Online Store or the scope of permits and statements, any information or data on the Buyers to any third party entities without a legal basis enforcing such disclosure by the Seller and shall take reasonable efforts to ensure that this information is properly secured, particularly in line with the provisions of the Personal Data Protection Act and any ordinances issued thereunder.
- The On-line Shop enables Buyers to use the Newsletter function (add Newsletter). The Newsletter contains:
- trade materials,
- information materials regarding health,
- non-commercial letters (wishes, personal comments, etc.)
- To use the Newsletter, provide the Seller with your e-mail in a relevant form and tick that you want to receive the Newsletter, or express a consent to the receipt of the Newsletter at the time of the purchase.
- The Newsletter will be used for sending information directly referring to the On-line Shop, services and Products, non-commercial letters (wishes, personal comments, etc.) and commercial information whose sending has been paid by clients of the On-line Shop as well as interesting information on Products and health.
- The Buyer may, at any time, resign from the Newsletter by clicking a relevant link at the end of each message or by expressing its intention to resign in a message sent to email@example.com.
- In the event of any questions, contact us at firstname.lastname@example.org.
[Amendments to the Regulations]
- The Regulations take effect from the date of the publication thereof on the website, i.e. from 1 April 2015.
- The Seller reserves its right to amend the Regulations in the event of occurrence of at least one of the following important causes (closed catalogue):
- change of legal provisions regulating the sale of Products by the Seller affecting the mutual rights and obligations defined in the sale agreement concluded between the Buyer and the Seller;
- necessity to adapt the Seller’s activity to orders, rulings, decisions or guidelines resulting from:
- a decision issued by a competent public administration authority in the scope of the Seller’s activity or
- a court ruling applicable to the scope of the Seller’s activity
affecting the mutual rights and obligations defined in the sale agreement concluded between the Buyer and the Seller;
- a change of the manner of provision of services by electronic means for only technical or technological reasons;
- a change of the scope or principles of provision of services by the Seller, to which the provisions hereof apply, by means of introduction of new functionalities or services, modification or withdrawal by the Seller of the hitherto functionalities or services covered hereby and offered to the Consumer
- a merger, division or transformation of the Seller or a change of any other data of the Seller defined herein.
- Amendment hereof does not affect the content and terms of the sale agreements concluded by the Buyer
- In the event of making any amendments to the Regulations, the Seller will make available a consolidated text of the Regulations by means of publication thereof on the website of the On-line Shop and by e-mail sent to the Buyer’s e-mail address.
[Scope of the Seller’s responsibility]
- 1. The information materials and advice placed in the On-line Shop that do not relate to the Product’s properties are of informative and educational character only and they may not be treated as a form of medical consultations and may not substitute the physician’s advice. Prior to the use of the advice in the scope of specialist knowledge, in particular medical advice, made available in the contents presented in the On-line Shop, it is necessary to contact a physician.
- 2. The Seller may remove all contents (and other materials) from the On-line Shop with regard to which it reliably suspects or received an official notification of the unlawfulness thereof.
- 3. The sale agreement is governed by in compliance with the law of Poland and applicable courts are common courts in the Republic of Poland, unless otherwise provided for in legal provisions in force. All and any disputes between the Seller and the Buyer that is not a Consumer will be subject to determination by a court for the registered office of the Seller.
- 4. The choice of the Polish law hereunder does not constitute a prejudice to the protection granted to the Consumer under the provisions that may not be included under an agreement between the Seller and the Consumer, which would be appropriate in the event of a lack of the choice.
- 5. The content hereof is available to Buyers free of charge at https://primvital.com/information/terms/, where Buyers may review and print the Regulations at any time.
- (1) Article 24 Section 1 item 4 of the Personal Data Protection Act of 29 August 1997.