Regulations binding as of 20.05.2020
- GENERAL PROVISIONS
1.1. The Online Shop available at www.e-herbapol.com.pl is operated by "Herbapol-Lublin" S.A. based in Lublin at ul. Diamentowa 25 (Tel. (+48) 81 7488304; Fax (+48) 81 7439670), entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court Lublin-Wschód based in Świdnik, 6th Economic Division of the National Court Register, under KRS no. 000002743, NIP: (Tax ID) 712-015-53-64, REGON: (Business ID) 430723174 share capital PLN 691 365.00 (fully paid-up).
1.2.1. CLIENT - an individual, legal person or unincorporated organisational unit but having legal capacity, using the Online Shop www.e-herbapol.com.pl, in particular shopping there.
1.2.2. REGULATIONS - these regulations of the Online Shop www.e-herbapol.com.pl
1.2.3. WAREHOUSE – the warehouse located in Lublin (20-471) at ul. Diamentowa 25.
1.2.4. BUSINESS DAY - one of the days between Monday and Friday, excluding public holidays.
1.2.5. REGISTRATION FORM - the form available in the Online Shop that enables you to create an Account.
1.2.6. ORDER FORM - Electronic Service, a form available in the Online Shop that enables you to place an Order, in particular by adding Products to the electronic shopping cart, and to establish the terms of the Sales Agreement, including the method of delivery and payment.
1.2.7. CIVIL CODE - the civil code act of 23 April 1964 (J.L. of 1964 No. 16, item 93 as amended).
1.2.8. NEWSLETTER - the information, including commercial information within the meaning of the Act of 18 July 2002 on providing electronic services (J. L. of 2002, No. 144, item 1204 as amended), from the Service Provider or Sellers, sent to the User by electronic means, by or on behalf of the Service Provider or Sellers.
1.2.9. PRODUCT - a movable item available in the Online Shop, which is the subject of the Sales Agreement.
1.2.10. ONLINE SHOP - an online shop operated by the Company, available at www.e-herbapol.com.pl
1.2.11. SELLER; SERVICE PROVIDER - "Herbapol-Lublin" S.A. based in Lublin at ul. Diamentowa 25 (Tel. (+48) 81 7488304; Fax (+48) 81 7439670). The telephone number of the customer service dedicated to the online shop www.e-herbapol.com.pl is: 781010215. entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court Lublin-Wschód based in Świdnik, 6th Economic Division of the National Court Register, under KRS no. 000002743, NIP: (Tax ID) 712-015-53-64, REGON:) 430723174 share capital PLN 691 365.00 (fully paid-up).
1.2.14. SERVICE RECIPIENT - an individual having full legal capacity, and in the cases provided for by the generally applicable law, also an individual with limited legal capacity; legal person; or unincorporated organisational unit granted legal capacity by the law - using or intending to use the Electronic Service.
1.2.15. CONSUMER RIGHTS ACT, THE ACT - the act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended).
1.2.16. ORDER - Client's declaration of intent aimed directly at concluding a sales agreement, specifying in particular the type and number of products.
1.3. These Regulations define the rules for using the Online Shop www.e-herbapol.com.pl, placing orders for goods available in the online shop, delivering ordered products to the Client, paying the sale price, the right to cancel the order and withdraw from the agreement and the rules for submitting and processing complaints.
1.4. These Regulations are applicable to the consumers using the Online Shop (excluding item 7 of the Regulations, which is applicable only to business operators).
1.5. Viewing goods in the Online Shop www.e-herbapol.com.pl does not require registration.
- ELECTRONIC SERVICES AVAILABLE IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop www.e-herbapol.com.pl: Account, Order Form and Newsletter.
2.1.1. Account - using the Account is possible after completing three consecutive steps by the Client - filling in the Registration Form, clicking the "Register" button and confirming the will to create an Account by clicking on the confirmation link sent automatically to the indicated e-mail address. In the Registration Form, the Service Recipient needs to provide the following information: first name and surname/company name, address (street, building/flat number, zip code, city, country), e-mail address, telephone number and a password. In the case of Service Recipients not being consumers, it is also necessary to provide the company name and Tax ID (NIP). The service is provided free of charge. The Service Recipient may at any time and without providing reasons delete the Account by sending an appropriate request to the Service Provider, in particular via e-mail to: email@example.com or in writing to the following address: ul. Diamentowa 25, 20-471 Lublin.
2.1.2. Order Form - adding a product to the shopping cart initiates using the Order Form. An Order is placed after filling in the Order Form and clicking the "Order with obligation to pay" button on the Shop website. The service is provided free of charge.
2.1.3. Newsletter - the use of the Newsletter service takes place after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Shop website and clicking the "Subscribe" button. You can also subscribe to the service by selecting the appropriate checkbox when creating an Account - upon creating the Account, the Service Recipient is subscribed to the Newsletter. The service is provided free of charge for an indefinite period. The Service Recipient may at any time and without providing reasons delete the Account by sending an appropriate request to the Service Provider, in particular via e-mail to: firstname.lastname@example.org or in writing to the following address: ul. Diamentowa 25, 20-471 Lublin.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with its intended use and not disrupting its operation, as well as in line with the law and good practice, taking into consideration respect for the personal rights as well as copyrights and intellectual property of the Service Provider and third parties.
2.4. The Service Provider may restrict access to the Online Shop or deprive the Service Recipient of the right to use the Online Shop, including the right to place Orders, in the following cases: Providing data by the client which is misleading or violates the rights of third parties, violating personal rights by the client, in particular personal rights of other clients, activities contrary to the Regulations, applicable law and principles of social interaction, i.e. by persistent placing of Orders and persistent failure to collect the ordered Goods.
2.5. Complaints related to providing Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop shall be submitted in writing to the following address: ul. Diamentowa 25, 20-471 Lublin or in electronic form via e-mail to: email@example.com. The complaint shall be processed immediately, no later than within 14 calendar days from the date of its submission.
- TERMS AND PROCEDURE OF CONCLUDING THE SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Shop. In order to execute the order, it is necessary to provide the following Client's data in the Order Form: first name and surname /company name, address (street, building and flat number, zip code, city, country), e-mail address, telephone number, and in the case of clients not being consumers, it is also necessary to provide the company name and Tax ID (NIP).
3.2. The prices of the Products presented on the websites of the Online Shop www.e-herbapol.com.pl include VAT and are provided in Polish zlotys. They do not include delivery costs. Delivery costs depend on the method of delivery selected by the client as well as the value and size of the order, and are provided when selecting the method of delivery of the product by the Client. The total cost of the order (i.e. the price of goods including delivery costs) is indicated in the shopping cart before placing the order.
3.3. The Company reserves the right to change the prices of products and to organise and cancel special offer and sale campaigns. This right does not apply to orders placed before the effective date of the price change, special offer conditions or sale campaign. Special offers in the Online Shop cannot be combined, unless the regulations of a particular special offer provide otherwise.
3.4. The procedure for concluding a Sales Agreement in the Online Shop www.e-herbapol.com.pl
3.4.1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Shop. In order to conclude a Sales Agreement via the Online Shop, visit the website www.e-herbapol.com.pl, select the goods and their quantity, and then take further technical steps based on the messages displayed for the Client and information available on the website.
3.4.2. The client chooses the products to be ordered by adding them to the shopping cart.
3.4.3. When placing the Order, the Client has the option to change the entered data and the goods selected until clicking the "Order” button; to do this, please follow the displayed messages and information available on the website.
3.4.4. After adding all the needed information, a summary of the placed Order will be displayed containing the names of the ordered products, their unit and total price, including delivery costs and any potential additional costs, plus the method of the selected payment, time and method of delivery.
3.4.5. In order to send the Order, it is necessary to accept the Regulations, provide personal data marked as obligatory and press the "Order and pay" button.
3.4.6. Placing an order by the Client is a declaration of intent to conclude a sales agreement with the Seller.
3.4.7. After placing the Order, the Client receives an order registration confirmation via e-mail. If the execution of the order is possible, an e-mail will be sent to the Client's e-mail address confirming acceptance of the order for execution. Confirmation of order acceptance is the Seller's declaration of concluding a sales agreement.
3.5. The content of the concluded Sales Agreement is recorded, secured and made available to the Client by sending to the Client's indicated e-mail address and attaching to the parcel a printout of order confirmation and VAT invoice. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Shop www.e-herbapol.com.pl
3.6. The website of the Online Shop www.e-herbapol.com.pl may contain information on special offers. In order to use a special offer, it may be necessary to provide a special code when placing an order. Special offers cannot be combined, unless the regulations of a particular special offer provide otherwise.
- PAYMENTS METHODS AND DATES
4.1. On account of concluding a Sales Agreement, the Client has the option to pay the price according to the following payment methods provided by the Seller:
4.1.1. Cash on delivery when collecting the parcel.
4.1.2. Payment by bank transfer to the Seller's bank account.
Account number: 38114010940000572300001018.
4.1.3. Electronic payments and card payments via transferuj.pl - the currently available payment methods are provided on the Online Shop website in the "Payment methods" tab and at http://www.transferuj.pl. Transactions via electronic payments and payment cards are settled in accordance with the Client's choice via transferuj.pl. Electronic payments and payment card transactions are operated by: Transferuj.pl - a website operated by Krajowy Integrator Płatności S.A. based in Poznań, at ul. Św. Marcin 73/6, 61-808 Poznań, entered in the register of entrepreneurs of the National Court Register (KRS) under KRS number 0000412357, kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register, share capital PLN 4 798 500.00, REGON 300878437 and NIP 7773061579, WWW: https://transferuj.pl, e-mail: firstname.lastname@example.org.
4.2. Payment date:
4.2.1. If the Client chooses payment by bank transfer, electronic payment or payment by card, the Client is obliged to make the payment within 7 calendar days from the date of the Sales Agreement.
4.2.2. If the Client chooses cash on delivery when collecting a parcel, the Client is obliged to make the payment upon delivery.
- COST, METHODS AND DATE OF DELIVERY PLUS ORDER COLLECTION
5.1. The time for order delivery to the Client is up to 14 days, unless a shorter time is specified in the product description or when placing the order.
5.2. When part of the order cannot be completed, the Seller may propose to the Client to cancel the entire order or cancel the order in the part which cannot be completed within the specified time, split the order and set a new date of order completion for the part the implementation of which is not possible within the originally specified time. .
5.3. The delivery of the Order to the Client is for a fee, unless the Sales Agreement provides otherwise. Available forms of order delivery and delivery costs for the Order are available on the "Delivery Cost" subpage of the Online Shop; delivery costs will be additionally provided at the time of placing the Order.
5.4 Personal collection of the product by the Client is free of charge. Personal collection at: "Herbapol-Lublin" S.A., ul. Diamentowa 25, 20-471 Lublin, from 8:00 a.m. to 4:00 p.m. on business days. The Seller will confirm readiness of the Order for personal collection by sending an e-mail to the address indicated when placing the Order.
5.5. On the website of the Online Shop www.e-herbapol.com.pl presenting a specific product, the Seller provides information on the number of business days needed for a parcel to be dispatched or ready for personal collection by the Client.
- COMPLAINTS AND WITHDRAWAL FROM THE AGREEMENT
6.1. "Herbapol-Lublin" S.A. as the seller is liable to the client being a consumer within the meaning of art. 22  of the Civil Code, on account of warranty against defects to the extent specified in the Civil Code.
6.2. A complaint may be submitted by the Client in writing to the address "www.e-herbapol.com.pl", ul. Diamentowa 25, 20-471 Lublin or via e-mail to: email@example.com.
6.3. The Seller shall respond to the Client's complaint and inform the same about further proceedings within 14 (fourteen) calendar days. Failure to respond within the above-mentioned period means that the claim has been accepted by the Seller.
6.4. For the complaint to be processed, the Client should deliver the product or products subject to the complaint to the Seller together with the claim description to the address "Herbapol-Lublin S.A". ul. Diamentowa 25, 20-471 Lublin.
6.5. If the complaint is considered in favour of the Client, the Seller shall immediately replace the defective product with a non-defective one or remove the defect. If it is not possible to replace the product, remove the defect of the product or reduce the price, the Company will refund the amount forthwith in line with the applicable law. If the complaint is found justified, the Seller will also reimburse the costs related to the return of the product subject to the complaint to the Seller.
Information on out-of-court options for resolving a complaint.
Detailed information about the options for the Client who is a consumer to use out-of-court methods to resolve complaints and pursue claims and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and on the following websites of the Office of Competition and Consumer Protection:
The Client being a consumer has, among others, the following options for using out-of-court procedures for resolving complaints and pursuing claims:
- submit a request to a permanent amicable consumer court operating at the Trade Inspection to settle a dispute arising from the concluded Sales Agreement.
- submit a request to the voivodeship inspector at the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of a dispute between the Client and the Seller.
- possibility of receiving free assistance in solving a dispute between the Client and the Seller, also with the use of free assistance of the poviat (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers). The Consumer Federation provides advice at the toll-free consumer hotline number 800 007 707 and via the Polish Consumers Association at the e-mail address: firstname.lastname@example.org.
- possibility of submitting a complaint via the platform of the online dispute resolution system between consumers and business operators at the EU level (ODR platform) available at: http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website with the comprehensive service centre for consumers and business operators seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales agreement or agreement for provision of services.
6.6. The consumer may withdraw from the product sales agreement within 14 calendar days without giving any reasons and incurring costs, except for the costs of returning the product as a result of withdrawing from the sales agreement. The period for withdrawal from the agreement begins on the date of receiving a completed order or receiving by the Consumer of the last part of the completed order - if the order is executed in parts, or on the day on which a third party other than the carrier and indicated by the Clients comes into possession of the goods. The period for withdrawal shall be deemed to have been observed if the notice of withdrawal is sent before its expiry. The notice of withdrawal may be submitted in writing to the address "Herbapol-Lublin S.A." ul. Diamentowa 25, 20-471 Lublin or via e-mail to: email@example.com. The consumer may use the model notice attached to the order or print the model document available at [link]
6.7. In the event of withdrawal from a distance agreement, the agreement shall be deemed not concluded.
6.8. The Seller will reimburse the amount due no later than within 14 calendar days from the date of receipt of the consumer's notice of withdrawal, will refund to the consumer all payments made by them, including the cost of delivery of the Product (except for the additional costs resulting from the method of delivery selected by the Client other than the cheapest standard delivery method available in the Online Shop). The Seller will refund the payment using the same method of payment as used by the consumer, unless the consumer has agreed to a different method that does not involve any costs for the consumer. If the Seller has not offered to collect the product from the consumer, they may withhold reimbursement of payment received from the consumer until they receive the goods back or the consumer provides the proof of return, whichever occurs first. After receiving the notice, the Seller will immediately send the Client confirmation of receiving the information on withdrawal from the agreement on a durable medium.
6.9. The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal from the agreement. The period for withdrawal shall be deemed to have been observed if the Product is sent before its expiry. The consumer may return the Product to the address "Herbapol-Lublin S.A." ul. Diamentowa 25, 20-471 Lublin.
6.10. The consumer shall be responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
6.11. The Consumer will not have the right to withdraw from the agreement in relation to the contracts listed in art. 38 of the act of 30 May 2014 on consumer rights - consolidated text of 24 June 2014, J. L. of 2014, item 827. The right to withdraw from a distance agreement is not available to the consumer in relation to agreements: for the provision of services, if the Seller has fully provided the service with the express consent of the consumer, who was informed before the commencement of the provision that after the performance of the service they will lose the right to withdraw from the agreement, under which an item is delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery; under which a non-prefabricated product is delivered, manufactured according to the consumer's instructions or serving to satisfy their individual needs; under which a Product liable to deteriorate rapidly or which has a short shelf life is delivered; under which Products that, due to their nature, are inseparably incorporated into other things, are delivered.
- PROVISIONS CONCERNING CLIENTS NOT BEING CONSUMERS
7.1. This section of the Regulations applies only to the Clients and Service Recipients who are not consumers.
7.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Client who is not a consumer within 14 calendar days from its conclusion date. In this case, withdrawal from the Sales Agreement may take place without providing the reasons and does not give rise to any claims on the part of the Client who is not a consumer against the Seller.
7.3. The Seller has the right to limit the available payment methods, as well as demand an advance payment in whole or in part, also regardless of the method of payment selected by the Client and the fact of concluding the Sales Agreement.
7.4. The benefits and burdens related to the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a consumer when the Product is released to the carrier by the Seller. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product occurring from the moment of its acceptance for transport until its delivery to the Client, and for delayed delivery.
7.5. A Client who is not a consumer is obliged to check the parcel before collecting it from the carrier. If they find any defect or damage that occurred in transport, they are obliged to take all action necessary to determine the liability of the carrier.
7.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the Product warranty towards the Client who is not a consumer is excluded.
7.7. The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal grounds, is limited - both with regard to a single claim and all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, however not more than up to the amount of one thousand Polish zlotys. The Service Provider/Seller is liable to the Service Recipient/ Client who is not a consumer only for typical damages predictable at the time of concluding the agreement and is not responsible for the lost profits towards the Service Recipient/Client who is not a consumer.
7.8. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer shall be submitted to the court competent for the Seller’s/Service Provider's seat.
- PERSONAL DATA
- FINAL PROVISIONS
9.1. Agreements concluded via the Online Shop are concluded in Polish.
9.2. Changes in the Regulations
9.2.1. The Company reserves the right to change the regulations for important technical, legal and/or organisational reasons. Change in the regulations becomes effective within the period of time indicated by the Company, not shorter than 7 days from the moment the changed regulations are made available on the website of the Online Shop www.e-herbapol.com.pl. Orders placed by Clients before changes in the regulations become effective, are implemented in line with the regulations binding so far.
9.3. To all issues on which these Regulations are silent, general provisions of the Polish law shall apply, and in particular provisions of: the Civil Code; the act on providing electronic services of 18 July 2002 (J.L. of 2002 No. 144, item 1204 as amended); to Sales Agreements concluded from 25 December 2014 with the Clients who are consumers - the provisions of the consumer rights act of 30 May 2014 (J.L. of 2014, item 827 as amended); and other relevant provisions of the generally applicable law.