Regulations of the online store of Herbapol – Lublin S.A.

I. GENERAL PROVISIONS
II.DEFINITIONS
III. CREATING ACCOUNT
IV. PLACING ORDER, CONCLUDING SALES AGREEMENT
V. PAYMENT METHODS AND DATES
VI. COST, METHODS AND DATE OF ORDER DELIVERY AND RECEIPT
VII. WITHDRAWING FROM AGREEMENT
VIII. COMPLAINT PROCEDURE, CONSUMER WARRANTY
IX. OUT-OF-COURT METHODS OF RESOLVING COMPLAINTS AND PURSUING CLAIMS
X. PERSONAL DATA
XI. FINAL PROVISIONS

Regulations valid as of 30.01.2023.

I. GENERAL PROVISIONS

1. These Regulations define the rules for using the Online Store www.e-herbapol.com.pl, including placing orders for goods available in the online store, delivering ordered products to the Client, paying the sales price, right to cancel the order and withdraw from the agreement and the rules for submitting and processing complaints.

2. The Administrator of the Website www.e-herbapol.com.pl is “Herbapol-Lublin” S.A. based in Lublin at ul. Diamentowa 25 (20-771), entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court Lublin-Wschód based in Świdnik, 6^th Economic Division of the National Court Register, under KRS no. 000002743, NIP: (Tax ID) 712-015-53-64 and REGON (Business ID): 430723174, share capital PLN 691,365.00 (fully paid-up).

3. Through the Website, the Administrator provides services such as: getting acquainted with the Administrator’s offer; selling the Administrator’s products; enabling the Clients to publish opinions concerning the Website, managing the Client’s Account.

4. In order to use the Online Store www.e-herbapol.com.pl, including to view the products offered and place orders, a computer with the Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari is required with the ActiveX, JavaScript and Cookies enabled, plus an active e-mail account. In order to use the online store, the client should on their own obtain access to a computer or a terminal device with the Internet access.

II. DEFINITIONS:

ADMINISTRATOR – “Herbapol-Lublin” S.A. based in Lublin at ul. Diamentowa 25 (20-771), entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court Lublin-Wschód based in Świdnik, 6^th Economic Division of the National Court Register, under KRS no. 000002743, NIP: (Tax ID) 712-015-53-64 and REGON (Business ID): 430723174, share capital PLN 691,365.00 (fully paid-up).

BUSINESS DAY – one of the days between Monday and Friday, excluding public holidays.

REGISTRATION FORM – the form available on the Website that enables the User to create an Account.

ORDER FORM – interactive form available on the Website that enables the Client or the User to place the Order.

CLIENT – Consumer (within the meaning of art 22(1) of the Civil Code) or Entrepreneur (within the meaning of art. 43(1) of the Civil Code), that holds an Account and concludes an Agreement through the Website.

ACCOUNT – individual Client’s account on the Website, by means of which Client’s data plus the information provided by them and information about Orders placed by the Client is collected.

CIVIL CODE – the civil code act of 23 April 1964 (J.L. of 1964 No. 16, item 93 as amended).

PRIVACY POLICY – document including provisions on personal data processing, available at https://e-herbapol.com.pl/polityka-prywatnosci

REGULATIONS – this document

WAREHOUSE – the warehouse located in Lublin (20-471), at ul. Diamentowa 25.

PRODUCT – a movable item available in the Online Store, which is the subject of the Sales Agreement.

WEBSITE – www.e-herbapol.com.pl used by the Administrator to sell the products

SELLER – Administrator

USER – Consumer (within the meaning of art. 22(1) of the Civil Code) or Entrepreneur (within the meaning of art. 43(1) of the Civil Code) who does not hold an Account on the Website, to which services may be provided electronically or with whom the Agreement may be concluded, in line with the Regulations and the law.

SALES AGREEMENT – agreement concluded remotely, within the meaning of art. 2 point 1 of the Act on consumer rights, through the Website between the Seller and the Client or User, the subject of which is the sale of the Product.

CONSUMER RIGHTS ACT, THE ACT – the act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended).

ORDER – declaration of will made by the Client or the User made by means of the Order Form and aimed directly at concluding a sales agreement, specifying in particular the type and number of Products. 

III. CREATING ACCOUNT

1. You can register and create an Account by completing the Registration Form.

2. The process of creating an Account begins after clicking the “Register” field and confirming the intention to create an Account by clicking on the confirmation link, sent automatically to the e-mail address provided.

3. When creating an Account, you are obliged to provide your personal data and assure that such data is true and accurate. In the Registration Form, the Client is obliged to provide the following data: first name and surname, address (street, building/flat number, zip code, city, country), e-mail address and telephone number. In the case of Clients not being consumers, it is also necessary to provide the company name and Tax ID (NIP).

4. As part of the Account creation procedure, you need to create a password. You can log in to the Account by entering the login (e-mail address) and password created in the Registration Form by the Client.

5. You can create, register and use the Account on the Website free of charge and for an indefinite period.

6. The Client can delete the Account after logging in at any time and without providing reasons thereof. The “My Account” tab includes the option “Delete account”. If the Account is deleted, all the Client’s data will be deleted, except for the data necessary for the process of handling complaints and any possible claims, which will be kept until the expiry of the limitation periods for civil law claims arising from completed Orders. The Client’s data available in the Seller’s tax books and related documents will be kept until the expiry of the limitation period for tax liabilities, in accordance with the Tax Regulations.

IV. PLACING ORDER, CONCLUDING SALES AGREEMENT

1. Creating an Account is necessary to place an Order through the Website.

2. Adding a product to the cart means that you start using the Order Form. It is necessary to provide the following Client’s data in the Order Form: first name and surname, 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. In order to complete the order, it is necessary to select in the Order Form one of the available payment methods, one of the available delivery methods, read these Regulations and the Privacy Policy of the Website and accept their provisions. The Order is placed after completing the Order Form and clicking the “I confirm order” field

4. The Website may include 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. 

5. Placing an order by the Client is tantamount to a declaration of will to conclude a sales agreement with the Seller. After placing the Order, the Client receives confirmation of order registration via e-mail. If order execution is possible, the Client/User will receive a message sent to their e-mail address confirming that the order has been accepted. Confirmation of order acceptance is the Seller’s declaration of concluding a sales agreement.

6. The prices of the Products presented on the Website 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 order delivery selected by the Client/User and on the value and size of the order. The total cost of the order (i.e. the price of goods plus delivery costs) is indicated in the shopping cart before placing the order. The Website reserves the right to update prices, however, the Seller is bound by the price applicable at the time of placing the Order. The price change does not apply to the Order placed before the price change.

7. When part of the order cannot be completed, the Seller may offer to the Client/User 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. Alternatively, the Parties may agree to modify the order according to individual arrangements.

V. PAYMENT METHODS AND DATES

1. When purchasing on the Website, you can choose one of the following payment methods:

• cash on delivery when collecting the parcel
• payment by bank transfer to the Seller’s bank account 38114010940000572300001018 mBank
• payment via Tpay.pl (electronic payments and by payment card)

2. If the Client/User chooses payment by bank transfer or via Tpay.pl, they are obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.

3. If the Client/User chooses cash on delivery when collecting a parcel, they are obliged to make the payment upon delivery.

4. The Client/User agrees for the Seller to issue receipts/electronic invoices in the form of a pdf. file and send them to the e-mail address provided by the Client/User.

VI. COST, METHODS AND DATE OF ORDER DELIVERY AND RECEIPT

1. The delivery of the Order to the Client is for a fee, unless the Sales Agreement provides otherwise. Available forms of delivery, delivery costs and the estimated cost of delivery can be found on the Website under “Costs and forms of delivery” at https://e-herbapol.com.pl/koszty-i-formy-dostawy

2. Personal collection of the product is free of charge. Products can be collected personally 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 to be collected by sending a message to the e-mail address indicated when placing the Order.

VII. WITHDRAWING FROM AGREEMENT

1. The Client/User may withdraw from the Sales Agreement within 14 days without providing any reasons therefore, by submitting to the Seller a relevant notice before the expiry of the above-mentioned period of time.

2. The period for withdrawal from the agreement begins on the date of receiving a completed order or receiving by the Client/User 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 Client/User takes possession of the goods.

3. The User/Client is obliged to inform the Seller about their decision to withdraw from the Agreement by providing them with an explicit notice. The notice of withdrawal may be submitted via e-mail to kontakt@e-herbapol.com.pl, or in writing to the following address: “Herbapol-Lublin S.A.” ul. Diamentowa 25, 20-471 Lublin. The Client/User may use the model notice attached to the order or print the model document available at [withdrawal from agreement form >>].

4. After receiving the notice, the Seller will immediately send to the Client/User the confirmation of receiving the information on withdrawal from the agreement via e-mail.

5. In the event of withdrawal from the agreement concluded remotely, the agreement shall be deemed not concluded. The Seller will reimburse the amount due no later than within 14 calendar days from the date of receipt of the Client’s/User’s notice of withdrawal, will refund to the Client/User 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/User other than the cheapest standard delivery method available in the Online Store). The Seller will refund the payment using the same method of payment as used by the Client/User, unless the Client/User has agreed to a different method that does not involve any costs for them whatsoever.

6. The Client/User 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 Client/User may return the Product to the following address: “Herbapol-Lublin S.A.” ul. Diamentowa 25, 20-471 Lublin.

7. The Client/User is 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.

8. At the same time, we inform you that pursuant to Article 38 of the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827, as amended), the consumer is not entitled to withdraw from a contract concluded off-premises or at a distance with regard to contracts:

• 1) for the provision of services for which the consumer is liable to pay a price, where the entrepreneur has rendered the service in full with the prior express and informed consent of the consumer who prior to the provision of the service was advised that he/she will lose the right of withdrawal after the entrepreneur has provided the service and has acknowledged it;
• 2) where the price or remuneration is dependent on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the end of the withdrawal period;
• 3) where the object of the performance are non-prefabricated goods, produced to the consumer’s specifications or intended to meet the consumer’s personalised needs;
• 4) where the object of the performance is goods which are perishable or have a short shelf life;
• 5) where the object of the service is goods supplied in sealed packaging which for health or hygiene reasons cannot be returned after opening, if the packaging has been opened after delivery;
• 6) where the object of the performance is goods which, after delivery, by their nature, become inseparable from other goods;
• 7) where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
• 8) where the consumer has specifically requested the entrepreneur to come to him/her for the purpose of carrying out urgent repairs or maintenance; if the entrepreneur provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer shall have a right of withdrawal in respect of the additional services or goods;
• 9) where the object of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
• 10) for the supply of newspapers, periodicals, or magazines, with the exception of a subscription agreement;
• 11) concluded by public auction;
• 12) for the provision of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or the period of the service;
• 13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay a price, where the entrepreneur has begun the performance with the express and prior consent of the consumer who has been informed, prior to the beginning of the performance, that he/she will lose the right of withdrawal once the entrepreneur has provided the performance and has acknowledged it, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
• 14) for the provision of services for which the consumer is liable to pay a price, where the consumer has expressly requested the entrepreneur to come to the consumer’s home for repair and the service has already been provided in full with the consumer’s express and prior consent.

VIII. COMPLAINT PROCEDURE, CONSUMER WARRANTY

This section of the Regulations sets out the rules for submitting to the Seller:

A. complaints submitted under provisions regarding consumer warranty (conformity of the product with the agreement) and

B. complaints regarding Products purchased through the Website

A. Complaints submitted under provisions regarding consumer warranty.

1. The Seller is obliged to deliver to the Client/User the Product that complies with the agreement. The Seller is liable for the Products with regard to non-conformity of the Product with the agreement, under consumer warranty on the terms set out in the Act on Consumer Rights.

2. A complaint under consumer warranty may be submitted by the Client/User who is:

• (a) a consumer within the meaning of art. 221 of the Civil Code, i.e. a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity;
• (b) a natural person concluding an agreement directly related to its business, when the content of this agreement shows that it does not have a professional nature for that person, resulting in particular from the core business pursued by them, made available pursuant to the provisions on the Central Register and Information on Business.

3. The Seller excludes their liability under the warranty (non-conformity of the Product with the agreement) in relation to entrepreneurs, except for the entities referred to in para. 3 letter b) above.

4. In the case of a complaint submitted under consumer warranty, the Client/User has the right to:

• (a) request repair or replacement of the Product
• (b) submit a notice on the reduction of the Price or withdrawal from the Agreement

5. The reduced Price should be in such proportion to the price of the Product non-conforming to the Agreement resulting from the Agreement, as the proportion of the value of the non-conforming Product to the value of the Product that conforms to the Agreement. The Client/User may not withdraw from the Agreement if the non-conformity is insignificant. It is presumed that non-conformity is significant.

6. If non-conformity concerns only some of the Products delivered under the Agreement, the User/Client may withdraw from the Agreement only in relation to these Products, as well as in relation to other Products purchased by the User/Client together with the non-conforming Products, if it is impossible to reasonably expect the User/Client to agree to retain only the conforming Products.

7. If the Client/User exercises the right to reduce the Price of the non-conforming Product, the Seller shall return the amounts due to the Client/User immediately, not later than within 14 days from the date of receipt of the Client’s/User’s notice on Price reduction.

8. In the event of withdrawal from the Agreement, the Client/User shall immediately return the non-conforming Product at the Seller’s expense. The Seller returns the Price to the Client/User immediately, no later than within 14 days of receipt of the non-conforming Product or proof of its return.

9. The Seller is liable for the non-conformity of the Product with the agreement existing at the moment of its delivery to the User/Client and revealed within two years from that moment.

B. Complaints regarding Products purchased through the Website

1. A complaint may be submitted by the Client/User in writing to the following address: “www.e-herbapol.com.pl”, ul. Diamentowa 25, 20-471 Lublin or via e-mail to kontakt@e-herbapol.com.pl. A complaint may concern either quality or quantity-related issues.

2. The Seller shall respond to the Client’s/User’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 complaint has been accepted by the Seller.

3. In order to process a quantity or quality-related complaint, the Client/User should submit a complaint via e-mail to the following address: kontakt@e-herbapol.com.pl and enclose photos, description/reason for submitting a complaint. In addition, in the case of a quality-related complaint, if possible, the Client should deliver the product or products subject to complaint to the Seller together with the relevant description to the following address: “Herbapol-Lublin S.A”. ul. Diamentowa 25, 20-471 Lublin.

4. If the complaint is considered in favour of the Client, the Seller shall immediately replace the defective product with a non-defective one or shall remove the defect. If it is not possible to replace the product, remove the defect of the product or reduce the price, the Company shall refund the amount forthwith in line with the applicable law. If the complaint is found justified, the Seller shall also reimburse the costs of returning the product subject to complaint to the Seller.

IX. OUT-OF-COURT METHODS TO RESOLVE COMPLAINTS AND PURSUE CLAIMS

1. This section of the Regulations applies to the User/Client being:

• (a) a consumer within the meaning of art. 221 of the Civil Code, i.e. a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity;
• (b) a natural person concluding an agreement directly related to its business, when the content of this agreement shows that it does not have a professional nature for that person, resulting in particular from the core business pursued by them, made available pursuant to the provisions on the Central Register and Information on Business.

Detailed information about the options for the Client/User to use out-of-court methods to resolve complaints and pursue claims and the rules of access to these procedures is available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates for Trade Inspection and on the following websites of the Office of Competition and Consumer Protection:

• a) http://www.uokik.gov.pl/spory_konsumenckie.php,
• b) http://www.uokik.gov.pl/sprawy_indywidualne.php,
• c) http://www.uokik.gov.pl/wazne_adresy.php.

2. Among others, the User/Client has the following options available to use out-of-court methods to resolve complaints and pursue claims:

• a) the User/Client is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection, to settle a dispute arising from the Agreement concluded with the Seller,
• b) the User/Client is entitled to apply to the Voivodship inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on Trade Inspection, to initiate mediation proceedings regarding the amicable settlement of a dispute between the Consumer and the Seller.

3. The User/Client may receive free-of-charge assistance in solving a dispute between the User/Client and the Seller, also with the use of free-of-charge assistance of the poviat (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers).

4. In order to resolve disputes amicably, the User/Client may also use the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

X. PERSONAL DATA

Detailed information concerning processing of Clients’ personal data is provided in the Privacy Policy

XI. FINAL PROVISIONS

The Seller 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 Store 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.