Store regulations

  • 1. Definitions
    • 1.1 Regulations – these Regulations define the principles of concluding distance sales contracts through the Online Store, the rules for executing these contracts, the rights and obligations of the parties to the distance sales contract, and the procedures for handling complaints. In the scope of services provided electronically, these Regulations are appropriately the regulations referred to in Article 8 of the Law on Providing Electronic Services.
    • 1.2 Customer – a natural person with full legal capacity, a legal entity, or an organizational unit without legal personality, which the law grants legal capacity, that enters into a distance sales contract with the Seller.
    • 1.3 Consumer – a consumer as defined in Article 22 1 of the Civil Code. According to the statutory definition: a Consumer is considered to be a natural person performing legal acts unrelated directly to their business or professional activity with an entrepreneur.
    • 1.4 Individual conducting a sole proprietorship purchasing for non-professional purposes – an individual entering into a distance sales contract directly related to their business activities, when the contents of this agreement indicate that it does not have a professional character for this person, arising in particular from the subject of the business activities performed by them, provided based on the regulations on the Central Register and Information on Business Activity, which grants the right to: withdraw from the contract on the terms granted to Consumers, apply provisions on prohibited clauses used in contract templates, and concerning liability under warranty for defects in the sold item.
    • 1.5 Seller – NSNatura.pl
    • 1.7 Online Store – an internet service operated by the Seller, available at the electronic addresses: nsnatura.pl through which the Customer can obtain information about the Goods and their availability and purchase Goods or order the provision of services.
    • 1.8 Distance sales contract – a contract for the sale of Goods/service provision/delivery of digital content (if applicable), concluded through the Online Store.
    • 1.9 Goods – a movable item that the Customer can purchase in the Online Store.
    • 1.10 Privacy and cookie policy of the Online Store – a document defining the detailed rules for processing personal data and the use of cookies. The privacy and cookie policy constitutes Appendix No. 3 to the Regulations and is available at https://nsnatura.pl/en/privacy-policy/
    • 1.11 Durable medium – refers to a material or tool that allows the Client or Seller to store information directed specifically to them, in a way that enables access to the information in the future for a period appropriate to the purposes for which that information serves and which allows for the retrieval of stored information in its unchanged form, particularly email.
    • 1.12 Electronic order form – provided by the Seller for the Buyer, an electronic procedure for placing an order.
    • 1.13 Return – in order to retuhe ordered Goods, the User should contact the Seller by sending an email to [email protected]
    • 1.15 Sending the order – confirmation of the order by the Client clicking the button “I buy and pay” is treated as the Client’s submission of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
    • 1.16 Account – a collection of data stored in the Online Store and in the Seller’s IT system regarding a specific Client and the orders placed by them and the Distance Sales Agreements concluded, through which the Client can place orders, as well as at an appropriate time – cancel or edit and conclude Distance Sales Agreements.
    • 1.17 Order service assessment and Assessment of individual goods – subjective statements and ratings awarded by the Client in the form of stars from 1 to 5 for the Online Store after the Order has been fulfilled.
  • 2. General provisions
    • 2.1 Types and scope of services provided electronically:
      • 2.1.1 concluding Online Sales Agreements – concerning Goods sold in the Online Store,
      • 2.1.2 rules for registering and using an Account in the Online Store,
      • 2.1.3 adding reviews, comments, and ratings – the Customer can add a review or comment to their order,
      • 2.1.4 sending email messages, in which the Seller confirms receipt of the order, potential receipt of payment, acceptance of the order for execution.
  • 2.2 Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
    • 2.2.1 internet browsers such as Firefox, Chrome, Internet Explorer in the latest version,
    • 2.2.2 any program for viewing files in PDF format.
  • 2.3 The content posted on the Online Store’s pages, including descriptions of Goods and prices, constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. Binding nature – for the purpose of concluding a specific contract – they only acquire at the moment the Customer sends the order, which occurs by clicking the “I am buying and paying” button.
  • 2.4 The Seller provides these Regulations along with Attachments via a link placed on the main page before concluding the Distance Sales Agreement, during it, and after its completion. The Buyer can download it and make a printout.
  • 2.5 In order to ensure the security of the transmission of messages and data related to the provided services, the Online Store implements technical and organizational measures appropriate to the degree of security of the services offered, in particular measures aimed at preventing unauthorized access to and modification of personal data transmitted over the Internet.

 

  • 3. Orders
    • 3.1 Orders in the Online Store can be placed through an Account or by selecting the option to purchase without registration.
    • 3.2 Purchases are made by filling out the Electronic order form available on the pages of the Online Store. The selection of ordered Goods is made by adding them to the cart. The Electronic order form specifies, among other things, which Goods, at what price, and in what quantities the Customer wishes to order to the location specified by them. The Customer takes appropriate technical steps based on the displayed messages.
    • 3.3 After the Customer provides all necessary data, a summary of the placed order will be displayed. The order summary will include information regarding: identifying data of the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and others if applicable, selected payment method, chosen delivery method, delivery time, and costs.
    • 3.4 If the subject of the agreement involves providing digital content that is not stored on a tangible medium or services performed electronically or at a distance – The Consumer must indicate their consent in an additional checkbox required to place an order, which can be found on the Electronic order form: ‘I consent to the delivery of digital content that is not stored on a tangible medium or to the commencement of the service before the expiry of 14 days from the day of concluding the agreement and acknowledge the loss of the right to withdraw from the agreement.’ The Seller will confirm the receipt of this consent via email.
    • 3.5 In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic order form, accept the content of the Terms and Conditions, and submit the order by clicking the ‘I buy and pay’ button.
      • 3.5.1 Sending the Electronic order form by the Client constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Terms and Conditions.
      • 3.5.2 The Distance Sales Agreement is considered concluded at the moment the Seller accepts the Electronic order form, confirmed by displaying a message confirming the acceptance of the order and providing its number to the Buyer.
      • 3.5.3 After concluding a remote sales contract, the Client receives confirmation of the submitted order via email, which contains: confirmation of acceptance of the order and final confirmation of all essential elements of the Order, as well as the general terms of the concluded remote sales contract (the Online Store Regulations along with Attachment No. 1), details of the Seller, the Seller’s liability for the quality of the service, information about the services provided by the Seller after the sale, and the method and effects of withdrawing from the contract. Information regarding the method and consequences of withdrawing from the contract is included in Attachment No. 1.
      • 3.5.4 Until the Seller starts processing the order:
        • 3.5.4.1 The Client can change their order using the technical solution available on the Electronic order form page by going through the entire order submission process again. Changing the order occurs by submitting a new one, which replaces the previously submitted order. Alternatively, any payment made by the Client is credited towards the new order, and in the case of an overpayment, it will be refunded to the bank account from which the payment was made.
        • 3.5.4.2 The Client can cancel their order by selecting the ‘cancel order’ option available on the Electronic order form page.
  • 3.5.5 In the event of the Client canceling the order, the Seller will refund the received payment within 7 business days. The refund will be made using the same payment method used by the Client.
  • 3.5.6 The order processing time is between 1 to 30 business days from the day the contract is concluded.

 

 

 

 

  • 4. Payment
    • 4.1 The Online Store offers the option to make payments in advance, on delivery, or by account payment after delivery. The option for deferred payment is possible in situations individually agreed upon with the Seller.
    • 4.2 Payment for the goods can be made in the manner selected at the time of placing the order on the Electronic order form.
    • 4.3 Currently available payment methods in advance are processed via tpay.com
  • 5. Delivery
    • 5.1 On the Electronic order form, the Customer selects the delivery method by indicating their choice. The Seller reserves the right to change the delivery method chosen by the Customer without additional costs for the Customer.
    • 5.2 In the event that the Customer does not pick up the Goods, resulting in the return of the Goods to the Seller – the Seller may withdraw from the sales contract. Withdrawal from the contract occurs by submitting a statement to the Customer in the form of an email message.
    • 5.3 In the situation indicated in point 2, the Seller is obliged to promptly refund the Customer the received payment for the Goods purchased by the Customer.
    • 5.4 Currently available delivery methods are listed above the button “I am buying and paying” before placing the order.
  • 6. Withdrawal from the contract – electronic return form
    • 6.1 The Buyer who is a Consumer, who has concluded a distance sales contract, may withdraw from it within 14 days without providing a reason. In the case of withdrawal from the distance sales contract – the contract is considered not concluded.
    • 6.2 The right to withdraw from the contract under the terms specified in Chapters 6 and 7 of this Regulation also applies to a natural person conducting sole proprietorship who makes a purchase of a non-professional nature.
    • 6.3 The Seller will verify the entitlement to submit a declaration of withdrawal from the Agreement by the person indicated in point 2. The verification is carried out by checking whether the contract concluded does not have a professional character for that person – which is done in particular by analyzing the PKD codes indicated in the Central Register and Information on Economic Activity.
    • 6.4 In the event that it is recognized that the purchase made by a person conducting sole proprietorship in the Online Store had a professional character – the Seller will immediately, i.e., not later than within 3 working days from receiving the declaration of withdrawal – inform the person submitting the declaration that due to the professional nature of the purchase made, the right to withdraw is not granted, and thus the declaration of withdrawal from the contract does not produce legal effects. If a physical return of the Goods is made along with the declaration of withdrawal from the contract – the Goods will be returned at the expense of the person submitting the declaration and to the address previously provided in the Order. The Seller’s response will be provided using the same method used by the person submitting the declaration.
    • 6.5 In the case of withdrawal from the contract – the Consumer only bears the direct costs of returning the Goods.
    • 6.6 The Consumer’s declaration must unequivocally express their will to withdraw from the contract, in particular, the Consumer may:
      • 6.6.1 to retuhe ordered Goods, the User should contact the Seller by sending an email to [email protected].
      • 6.6.3 The Seller shall promptly confirm in a Durable Medium the receipt of the declaration of withdrawal from the contract submitted in the manner specified in points 1 and 2.
  • 6.7 To meet the deadline, it is sufficient to send the declaration before its expiration.
  • 6.8 The period for withdrawal from the contract starts:
  • 6.8.1 for a contract for the performance of which the Seller hands over the item, being obliged to transfer its ownership – from the moment the Consumer or a third party indicated by them, other than the carrier, takes possession of the Goods, and in the case of a contract which:
    • 6.8.1.1 covers multiple items delivered separately, in batches, or in parts – from the moment the last item, batch, or part is taken into possession;
    • 6.8.1.2 consists of the regular delivery of items for a specified period – from the moment the first of the items is taken into possession;
  • 6.8.2 for other contracts – from the date of the contract conclusion.

 

  • 6.10 The right to withdraw from a distance sales contract does not apply to contracts referred to in Article 38 of the Act of 30.05.2014 (Journal of Laws of 2019, item 134) on consumer rights, including Contracts:
  • 6.10.1 where the price or remuneration depends on fluctuations in the financial market that the entrepreneur does not control, and which may occur before the expiration of the withdrawal period from the contract;
  • 6.10.2 for which the subject of the provision is a non-prefabricated item produced according to the Customer’s specifications or serving to satisfy their individual needs;
  • 6.10.3 for which the subject of the provision is an item delivered in sealed packaging, that cannot be returned after the package has been opened due to health protection or hygiene reasons, if the package has been opened after delivery;
  • 6.10.4 concerning items for which the provision consists of audio or visual recordings or software delivered in sealed packaging, if the packaging has been opened after delivery;
  • 6.10.5 concerning the provision of digital content and electronic licenses that are not stored on a tangible medium, if the performance of the service has begun with the Consumer’s express consent before the expiration of the withdrawal period from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract;
  • 6.10.6 concerning items that are perishable or have a short shelf life, and in which the subject of the service consists of items that, due to their nature, are irrevocably combined with other items after delivery;
  • 6.10.7 concerning the delivery of newspapers, periodicals or magazines, except for subscription agreements;
  • 6.10.8 concluded by way of public auction;
  • 6.10.9 concerning the provision of accommodation services, other than for residential purposes, transport of goods, car rentals, catering, services related to recreation, entertainment, sporting or cultural events, if the contract specifies the day or period of the service provision;
  • 6.10.10 in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery may occur only after 30 days and whose value depends on fluctuations in the market, which the entrepreneur cannot control;

 

 

 

  • 7. Consequences of withdrawal from the sales contract of goods
    • 7.1 The Seller will retuo the Consumer all payments made by them, including delivery costs, corresponding to the cheapest method of delivery offered by the Seller within 14 days from the date of receiving the declaration of withdrawal from the Sales Agreement.
      • 7.1.1 The refund will be made using the same payment method that the Consumer used.
      • 7.1.2 If the Consumer exercises the right of withdrawal using the Electronic Return Form, the funds will be returned using the selected method to the bank account provided by the Consumer.
  • 7.2 If the Seller did not propose to collect the Goods from the Consumer, they may withhold the refund of payments received from the Consumer until the Goods are returned or until the Consumer provides proof of their return, depending on which event occurs first.
  • 7.3 The Seller may propose to the Consumer to collect the item from them. However, if the Seller did not make such a proposal, the Consumer should retuhe item to the Seller (or to a person authorized by the Seller to collect it) without delay, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to send the item back before it expires. The item the Consumer returns should be sent to the address of the Seller’s registered office.
  • 7.4 The Consumer is responsible for the reduction in the value of the Goods resulting from using them in a way that exceeds what is necessary to ascertain their nature, characteristics, and functioning.

 

 

  • 8. Complaints
  • 8.1 The Seller is obliged to deliver Goods free from physical and legal defects and is liable to the Client for physical and legal defects of the purchased Goods under the rules specified in the Civil Code.
  • 8.2 If, after taking ownership of the Goods, the Buyer finds that the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the warranty for defects:
    • 8.2.1 via the Electronic complaint form;
    • 8.2.2 in writing to the Seller’s registered office address or via email at [email protected].
    • 8.2.3 In the complaint, the Buyer should specify the defect that, in the Buyer’s opinion, the goods have, the claims against the Seller, and if possible – document the said defect and provide proof of purchase of the Goods from the Online Store. The Seller is obliged to respond to the complaint within 14 days from the day of its receipt. If no response is provided within the indicated period, it is considered that the complaint has been accepted. The response to the complaint is communicated to the Buyer in writing or on a Durable Medium.
    • 8.2.4 The steps that the Buyer must take to submit a complaint, including the method of delivering the complained Goods to the Seller, are specified at various stages in the Electronic complaint form. In the event that the Buyer uses a different method of submitting a complaint than through the Electronic complaint form – the Seller will inform the Buyer of the further steps in the complaint process in a manner corresponding to the method of submission of the complaint.
    • 8.2.5 If the Seller acknowledges the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods, are borne by the Seller.
    • 8.2.6 The Seller will verify whether the complaint submitted by an individual conducting a sole proprietorship making a non-professional purchase has a non-professional nature for that person. Verification is carried out by analyzing the PKD codes indicated in the Central Register and Information on Economic Activity.
    • 8.2.7 In the event that a dispute arising from a complaint submitted by the Consumer has not been resolved, the Seller provides the Consumer with a statement on paper or another durable medium regarding:
      • 8.2.7.1 the intention to submit a request for the initiation of proceedings regarding out-of-court resolution of consumer disputes or consent to participate in such proceedings or
      • 8.2.7.2 the refusal to participate in the proceedings regarding out-of-court resolution of consumer disputes.

 

  • 9. Reviews
  • 9.1 Within a specified time after the Order is fulfilled, a Customer with an Account may be asked in an email message to add a Rating of the order service and ratings of individual products. The rating of the order service and ratings of individual products are voluntary and free of charge, and in order to provide them, one must click on a link that leads to a separate page. For a single order, the Customer can only add a Rating once.
  • 9.2 Within the aforementioned Ratings, the Customer can award a rating in the form of stars from 1 to 5 and add a textual review limited to 65,535 characters. The aforementioned Ratings are automatically signed with the Customer’s first name and the city indicated by the Customer at the Account registration.
  • 9.3 Ratings are stored and publicly presented on the Online Store’s website.
  • 9.4 The Seller does not substantively verify or control the Ratings concerning orders. The Buyer solely and independently bears responsibility for statements made within the Ratings. The Seller is entitled to block the Ratings in whole or in part based on provisions of law and these Terms and Conditions.
  • 9.5 It is prohibited to publish content that contains false information, misleading information, vulgar, aggressive, or offensive content, or content that is obviously deemed contrary to good customs. It is also prohibited to place unlawful content that violates the rights of third parties or constitutes an act of unfair competition.
  • 9.6 The Client agrees not to publish content that includes links to external websites that have a promotional or advertising nature or that contain personal data of third parties. It is also prohibited to place unlawful content, particularly content that constitutes an act of unfair competition, etc.
  • 9.7 The Client is responsible for the comments they create and publish, and is particularly responsible for violating the rights or interests of third parties.
  • 9.8 At the Client’s explicit request, the content of the Reviews may be hidden from other users of the Store, but the given rating in the form of stars is included in the overall rating of the Store and the Product.

 

  • 10. Intellectual Property
    • 10.1 The Client declares that they do not have any rights, including copyright or related rights, to the Reviews and comments they post, apart from the right to use the Online Store in the manner specified in the Terms and Conditions. The Client is not entitled to any recording, duplication, sharing, publicizing, or distributing of the content unless such rights arise from legal provisions or the Terms and Conditions.
    • 10.2 The Client is not entitled to interfere with the content, particularly is not entitled to interfere with the content, structure, form, graphics, operation mechanism, or any other elements of the Online Store.
    • 10.3 By posting ratings in the online store, the Client grants the Seller an exclusive, free, and unlimited license in terms of time and territory to use these works as defined by the Act of February 4, 1994 on copyright and related rights, including the right to grant sublicenses to the Seller’s Partners. This license includes the public sharing of the work in such a way that everyone can access it at a time and place of their choosing (Internet). The license is granted for all fields of exploitation known at the time of granting, particularly for the following fields of exploitation:
      • 10.3.1 for the fixation and reproduction of the work using any technique – particularly by printing, reprographic, magnetic recording, digital means, i.e., using any techniques on any audiovisual or visual media, notably on audiovisual disks, CDs, computer disks, in multimedia networks, including online and related services, as well as reproduction, fixation, and use on the Internet, advertising, reproduction of recordings in electronic form in computer memory, as well as in both internal and external networks,
      • 10.3.2 using all or parts of any elements of the work with the possibility of modifications resulting from the nature of the given Internet medium – in all publications, particularly online, digital, in bulletins and messages, either independently or in combination with other works or fragments of works; using in whole or in part for promotional and advertising purposes, particularly in the form of audiovisual, audio, media advertisements.
      • 10.3.3 regarding the circulation of the original or copies on which the work is recorded – introduction to circulation, use, rental of the original or copies
      • 10.3.4 regarding the distribution of the work in a manner other than specified above – public performance, display, reproduction, as well as broadcasting and rebroadcasting, and also public sharing of the work in such a way that anyone could access it at a time and place of their choosing,
      • 10.3.5 use of works for promotional and marketing purposes;
  • 10.4 Deletion of the Account by the Client or Rating as per section 9 point 8 does not affect the validity of the above license.

 

 

  • 11. Final provisions
    • 11.1 These Terms of Use are effective from December 6, 2021.
    • 11.2 In case of any changes or invalidation of any of the provisions of this Regulation by a competent authority or court, the remaining provisions shall remain in effect and bind the Seller and the Client.
    • 11.3 The law applicable to the resolution of any disputes related to the Regulation is Polish law. These disputes will be resolved by the locally competent common court. A Client who is a Consumer may also use out-of-court methods for handling complaints and pursuing claims. All information regarding out-of-court methods for handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we inform you that the indicated proceedings are voluntary and both parties must consent to them.
    • 11.4 Based on the Regulation of the European Parliament and Council (EU) No. 524/2013 of May 21, 2013, we inform you that at the address https://ec.europa.eu/consumers/odr an online dispute resolution (ODR) platform is available for disputes between consumers and entrepreneurs at the EU level. The ODR platform serves as a website with a comprehensive service point for consumers and entrepreneurs seeking an out-of-court resolution of disputes related to contractual obligations arising from an online sales contract or a service agreement.
  • Annex 1 – Information Regarding the Right of Withdrawal from the Contract
      • 1. The right to withdraw from the contract under the following conditions also applies to a person running a sole proprietorship who makes a purchase of a non-professional nature, i.e., resulting particularly from the subject of the business activities carried out by them, provided based on the regulations on the Central Register and Information on Economic Activity. The right to withdraw from the contract under the following conditions belongs to the Consumer. You have the right to withdraw from this contract within 14 days without giving any reason. The deadline for withdrawal from the contract expires after 14 days:
        • 1.1 in the case of a sales contract from the day you take possession of the item or when a third party other than the carrier and indicated by you takes possession of the item;1.2 in the case of a contract concerning the transfer of ownership of multiple items delivered separately from the day you take possession of the last item or when a third party other than the carrier and indicated by you takes possession of the last item;1.3 in the case of a contract concerning the transfer of ownership of items delivered in batches or in parts from the day you take possession of the last batch or part or when a third party other than the carrier and indicated by you takes possession of the last batch or part;1.4 in the case of contracts for the regular delivery of items for a specified time from the day you take possession of the first item or when a third party other than the carrier and indicated by you takes possession of the first item;1.5 in the case of contracts whose subject is the provision of services or digital content not supplied on a tangible medium – from the day the contract is concluded.
        2. To exercise the right of withdrawal from the contract, you must inform us, i.e.: nsnatura.pl, [email protected] of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax, or email).
     
    • 3. In order to retuhe ordered Goods, the User should contact the Seller by sending an email to [email protected]. If you choose this option, we will immediately send you a confirmation of receipt of the information about the withdrawal from the contract on a durable medium.
    • 4. To keep the deadline for withdrawal from the contract, it is enough to send us the information regarding the exercise of your right of withdrawal from the contract before the expiration of the withdrawal deadline.
    • 5. In the case of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivering goods (excluding additional costs resulting from the chosen method of delivery other than the cheapest standard delivery method offered by us), immediately, and in any case not later than 14 days from the day we were informed of your decision to exercise the right of withdrawal from this contract. We will make the refund using the same payment methods that you used in the original transaction, unless you have explicitly agreed to another solution.
    • 6. In the case of contracts concerning the transfer of ownership of goods, where we did not offer collection of the Goods in the event of withdrawal from the contract – we may withhold the refund until we receive the goods or until we receive proof of their return, depending on which event occurs first.
    • 7. Please send the returned item to: Olkuska 7, 02-604 Warsaw immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the 14-day deadline expires. You will have to bear the direct costs of returning the item.
    • 8. Due to the weight and dimensions of the Product, in the event of a withdrawal from the contract – returning the Product may involve higher costs than a regular postal shipment. If you wish to use courier services, it may be necessary to send the shipment on a pallet, which is more expensive than a regular postal package.

 

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