Regulations

INTERNET STORE REGULATIONS

The owner of the online store registered under the domain www.herbedesign.pl is Agnieszka Trawiñska running the business activity under the name: HERBE Agnieszka Trawińska, ul. Pszenna 34, 10-833 Olsztyn, registered in the Central Business Register kept by the Minister of Economy under NIP: 7391128988, Regon: 280376136, email: shop@herbedesign.pl, phone: +48 509596500, hereinafter referred to as "Seller" or "Seller".

§1

Definitions

The terms used in the Regulations shall mean:

User - means a natural person with full legal capacity (an adult not incapacitated), a natural person with limited legal capacity (a person who is over 13 years of age or partially incapacitated) acting with the prior consent of his/her statutory representative (e.g. a parent), a legal person, a legal entity, a legal person, a legal entity, a legal entity, a legal entity. parent), a legal person, an organizational unit that is not a legal person, which is granted legal capacity by the law, which purchases or intends to purchase goods from the Store, or which uses or intends to use the "My Account" service and services provided by the Seller via road and electronic service.
Customer - an adult person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase at the Seller's directly related to its business or professional activities.
Consumer - means a natural person making a legal transaction not directly related to its business or professional activities.
Buyer, Customer - both Consumer and Customer.
Electronic Service - service provided electronically by the Seller to the User through the Online Store.
Registration form - a form available in the online store that allows you to create a User Account.
Order form - an electronic service, an interactive form available in the online store, that allows you to place an order, in particular by adding products to an electronic cart and specifying the terms of the sales agreement, including the method of delivery and payment.
method of delivery and payment.
My account / User's account - an individual panel for each User launched on its behalf by the Seller, after the User has completed the Registration, within which services are provided by the Store for Buyers, in order to facilitate the conclusion of a contract of sale at a distance and contact with the Store, settlement of the contract, enable the User to plan purchases and track selected goods.
Shopping cart - means an interactive form available on the herbedesign.pl website used to contact the Store and enable the submission of a purchase offer by the Buyer.

Contact information means:

in case of natural persons: name, surname, permanent residence address, correspondence address - if different from the residence address, e-mail address, contact phone number.
If the ordered service concerns business activity, the contact data of a natural person also includes his/her company and tax identification number (NIP);
in case of a legal person or an organizational unit that is not a legal person but is granted legal capacity by law: name, seat, correspondence address, tax identification number (NIP), e-mail address, contact phone.
Regulations - these Regulations on rendering electronic services by the herbedesign.pl online store.
Internet Shop (e-Store or Store) - Internet service available at herbedesign.pl through which a Buyer may in particular place Orders.
Goods/Product - things that are sold in the store and can be ordered by the Buyer. Delivery - type of transport service together with the definition of the carrier and the cost mentione in the delivery price list available at herbedesign.pl
Delivery time - the number of hours or working days specified on the product card.
Business Days - days from Monday to Friday, excluding public holidays falling on those days.
Supplier - an entity which delivers the Goods.
Sales contract - a contract of sale of Goods or Services, as defined by the Civil Code, concluded between the Seller and the Buyer.
Order - the Buyer's declaration of will aiming directly at concluding the contract of sale, specifying in particular the type and number of Goods.
Trade information / Newsletter - information intended directly or indirectly to promote sold Goods and Services within the activities conducted by the Seller.

§2

General provisions

These Regulations define the rules for the use of e-commerce available at herbedesign.pl and determine the terms and conditions for the provision of free electronic services by the Seller.
The Regulations are addressed both to consumers and businesses using the Online Store.
All rights to the Online Store, including copyright, intellectual property rights to its name, domain, website, as well as to patterns, forms, logos and photos belong to the Seller, and use them only in the manner specified and in accordance with the Rules.
The Regulations specify in particular:
ules of registration and use of an account within the Store;
terms and conditions for electronic placement of Orders in the Store;
principles of concluding a Sales Agreement for products using the services provided by the Store;
the technical requirements necessary for cooperation with a computer system (personal computer, laptop, etc.), which is used by the Buyer.
Buyers can access these Regulations at any time through the link on the homepage of the Store and download it and make a printout.
Confirmation of the material provisions of the contract of sale concluded between the Seller and the Buyer, shall be by sending information to the Buyer at the specified e-mail address, as well as in the traditional form by attaching a printout of a confirmation of the contract to the package containing the ordered goods, documentation, if any, and the invoice issued at the request of the Buyer.
In order to use the services provided by the Store is to familiarize yourself available on the website of the Shop description of the service, terms and conditions, price list, as well as all the provisions of these Regulations.
The offer presented on the pages of the e-Store as well as descriptions of goods are only an invitation to tender, and not an offer within the meaning of the Civil Code. Binding character - for the purpose of concluding a specific contract - are acquired only upon confirmation of receipt of orders for execution by the Seller
In matters not covered by these Regulations shall apply the provisions:

Act on rendering electronic services of 18 July 2002. (Journal of Laws No. 144, item 1204 as amended),
Consumer Rights Act of 30 May 2014. (Journal of Laws 2014 item 827),
Act on out-of-court resolution of consumer disputes of 23 September 2016. (Journal of Laws 2016 item 1823),
Civil Code Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.

§3

Technical requirements and Cookies

In order to use the Online Store, the Buyer should have access to a computer station or terminal device that has:
access to the Internet;
a properly configured web browser;
an active and properly configured e-mail account.
E-shop allows you to order services using widely available software, in the form of web browsers that accept cookies.
Shop with the prior consent of the buyer, user or their representative stores cookies on their computer, which are necessary: to conclude a contract of sale at a distance, its execution and the provision of services "My Account" and to facilitate the User and the Buyer using the Store by maintaining a session (which makes it unnecessary to re-enter the password) and to create statistics on viewing pages.
Files introduced by the Shop to the computer of the Buyer, User or their representative do not collect their personal data, do not affect the configuration of the operating system or the software and can be deleted at any time.
The Customer can at any time delete placed cookies or block the placement of cookies using the options available in his web browser.

§4

Registration in the e-Store and setting up a User Account

In order to create a User Account, the Buyer makes a free registration.
Registration takes place by completing the registration form, made available in the "Register" section.
TIn order to register, a buyer should complete the registration form provided by the Seller on the Store website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form.
When completing the registration form, the Buyer has the opportunity to read the Rules and Regulations, accepting its content by marking the appropriate box in the form.
Registration in the Online Store, as well as the use of Online Store functionality are free.
By registering you create an Account, which collects data and information about the Buyer. Providing services within the Account is unlimited.
After submitting a completed registration form, the Buyer immediately receives confirmation of registration by the Seller via email to the email address provided in the registration form. With this moment, an agreement for electronic provision of services for maintaining a User Account is concluded, and the Buyer obtains the ability to access the User Account and make changes to the data provided during the Registration, with the exception of Login.
The "My Account" service is provided from the time of activating the account.
access to the User's account is protected by a password. The choice of a password is made by the User.
the User can at any time terminate the contract for 'My account' service with immediate effect without giving any reason by deleting his/her account. In order to delete the account, it is enough to send an e-mail to the address of the Seller with a request to delete it.
The above does not apply to situations in which the Seller is in the process of fulfilling an order placed by the Buyer. In this case, the effect of termination of the contract will occur at the time of implementation of the order in question.
The Seller may terminate the agreement for the provision of services "My Account" in case of violation by the User of the provisions of these Regulations. The termination takes place by e-mail sent to the e-mail address indicated by the User in the account settings.

§5

Placing orders

Via the Online Store can purchase both registered Buyers and those who have an account on the site, as well as buyers who are not registered.
The conclusion of the Sales Agreement between the Buyer and Seller takes place after prior submission by the Buyer of an Order Form in the Online Store.
Electronic Order Service is provided free of charge by the Seller and has a one-time nature and is terminated at the time of order placement or at the time of earlier discontinuation of order placement by the Buyer.
When placing an order the Buyer is required to provide valid contact and personal data.
Buyer, in order to submit an order opens a cart by clicking on the selected goods "add to cart" and then in the order panel determines the number of pieces of purchased goods.
At his own choice Buyer can return to the panel of goods to add more goods to the cart, remove selected goods ("delete" command) or open the panel of payment and delivery ("next" command) where you specify the method of delivery and method of payment.
After clicking "next" Buyer is transferred to the panel delivery address, where the appropriate fields provide contact information to enable the conclusion of the contract and its implementation.
Buyer should also read these rules and accept it, which confirms by marking the appropriate statement.
In the course of ordering - until pressing the button "Order with the obligation to pay", the Buyer has the opportunity to modify the data entered and the selection of goods. For this purpose, please follow the messages displayed to the Buyer and the information available on the site.
Each time, before sending the order to the Seller, the User is informed about the total price for the chosen Goods and Delivery, as well as about all additional costs he/she is obliged to incur in connection with concluding the sales contract.
Placing an order by the Buyer means placing an offer to the Seller to conclude a contract of sale (purchase) of the ordered goods by the Buyer.
After placing an order, to the e-mail address provided by the Buyer shall be sent electronic confirmation of receipt by the Seller of the order placed, together with a summary.
Summary of the order will include information on:
details of the Store including the exact mailing address, e-mail address and telephone number;
unit and total price of all products;
price of the order = total price of the products + costs of execution of the contract (including payment and delivery);
form of delivery - including the date on which delivery will take place and if there are any restrictions on delivery, e.g. weight or location
the method of payment;
information about the right to withdraw from the contract without giving any reason within 14 days;
information about the right to warranty;
The sales contract is concluded in Polish.
The buyer can place orders at the Online Store via the Store's website 7 days a week, 24 hours a day.
Phone consultations are possible on weekdays from Monday to Friday from 9.00 to 16.00.

§6

Prices and payment methods

Prices given in the e-Store are expressed in Polish zloty.
Prices do not include the cost of delivery.
Information on the total value of the order is always presented in the shopping cart after the Buyer selects the form of delivery of items and form of payment.
Buyer can choose the following methods of payment:

bank transfer to the Seller's bank account (in this case, the execution of the order will begin after the Seller sends the Buyer a confirmation of acceptance of the order and after receipt of the funds in the Seller's bank account);
cash on delivery, payment to the Supplier at the time of delivery (in this case, order processing will begin after the Seller has sent the Buyer a confirmation of acceptance of the order);
bank transfer through an external payment system (the order will be processed after the Seller receives information from the system that the payment was made by the Customer.

5. In the event of default by the Customer to make payment within the period specified in the order, the Seller sets the Customer an additional period to make payment and inform the Customer about it on a durable medium. In case of ineffective expiration of the second deadline for payment, the Seller shall send to the Customer on a durable carrier a statement of withdrawal from the contract on the basis of Article 491 of the Civil Code.

§8

Complaints related to Orders 1.

The Seller, pursuant to Article. 558 § 1 of the Civil Code completely excludes liability to customers for defects in physical and legal (warranty).
In the case of defects or non-compliance of the Goods with the offer, the Consumer is entitled to complain about the Goods by notifying the Seller and submitting a declaration of intent in any form,

in particular:in writing to the address: HERBE Agnieszka Trawińska, Pszenna 34 Street, 10-833 Olsztyn;
by e-mail at the address: shop@herbedesign.pl.

The requirements specified in the preceding sentence are only a recommendation and do not affect the effectiveness of the complaint submitted with the omission of the recommended description of the complaint.
The complaint should contain the following data:

name and surname;
correspondence address, as well as e-mail address and telephone number;
subject matter of the complaint;
cause of complaint;
request for recognition of the complaint;
(handwritten signature in case of complaints submitted by mail).
proof of purchase (document identifying the purchase such as e-mail, transfer confirmation, order form)

In the case of an agreement with the Consumer, if the physical defect is found before the expiration of a year from the date of release of things, it is assumed that it existed when the danger passed to the Consumer.
The Consumer, if the sold thing has a defect, may:
make a statement to request a price reduction;
make a statement on withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Consumer will replace the defective item to a free of defects or remove the defect.
The consumer may instead of the removal of defects proposed by the Seller to require replacement of the thing to be free from defects or instead of the replacement of the thing to require removal of defects, unless bringing the thing into conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller, while assessing the excess of costs shall take into account the value of the thing free from defects, the type and importance of the defect, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.
The consumer may not withdraw from the contract if the defect is insignificant.
The consumer, if the sold thing has a defect, may also:
demand to replace the thing with a defect-free one;
require removal of defects.
The Seller is obliged to replace the defective item with a defect-free item or remove the defect
within a reasonable time without undue inconvenience to the Consumer. 15.
Seller may refuse to satisfy the Consumer's request if bringing the defective goods to conformity with the contract in a manner chosen by the Buyer is impossible or in comparison with other possible ways to bring the goods to conformity with the contract would require excessive costs.
The consumer who exercises the rights under the warranty, shall be obliged at the Seller's expense to deliver the defective item to the address of complaint, and if due to the nature of the item or the manner of its assembly delivery by the Consumer would be excessively difficult.
The Consumer is obliged to make the thing available to the Seller at the place where the thing is located. In the case of non-performance of this obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
The cost of replacement or repair shall be borne by the Seller.
The Seller is obliged to accept from the Consumer defective item in the event of replacement of the item to a defect-free or withdrawal from the contract.
The Seller within fourteen days shall respond to the demands of the Consumer. Otherwise it is considered that recognized as reasonable statement or request of the Consumer.
The Seller shall be liable under the warranty if a physical defect is found before the expiry of two years from the date of release of the item to the Consumer, and if the subject of the sale is a used thing before the expiry of a year from the date of release of the thing to the Consumer.
If, because of a defect in the item, the Consumer made a statement of withdrawal from the contract or reduce the price, he may request compensation for damage suffered by him because he entered into the contract, not knowing about the existence of a defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may request reimbursement of the costs of entering into the contract, the costs of collection, transportation, storage and insurance of goods, reimbursement of expenses made to the extent that he did not benefit from them, and did not receive their return from a third party and reimbursement of legal costs. This shall be without prejudice to the provisions on the obligation to compensate for damages under the general rules.
The Consumer shall also have the opportunity to use out-of-court complaint and claim settlement procedures such as: Mediation at provincial inspectorates of the Trade Inspection, Permanent Consumer Arbitration Courts, Consumer Ombudsmen, NGOs.
Detailed information on the possibility of use by the Buyer who is a Consumer of the out-of-court ways to resolve complaints and pursue their claims and the rules of access to amicable dispute resolution procedures are available in the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Regional Inspectorates of the Trade Inspection, as well as the Office of Competition and Consumer Protection with its seat in Warsaw.
If the buyer is a Consumer, any disputes arising on the grounds of the Rules of the Shop or sales agreements can also be resolved by the Internet platform http://ec.europa.eu/consumers/odr/

§9

Warranty

Warranty claims shall be considered in accordance with the warranty, if such has been granted for the Goods.
Warranty and Consumer rights to the Seller under the warranty are independent of each other.

§10

Right of withdrawal from the Sales Agreement

Right of withdrawal from the contract concluded at a distance does not apply to the Consumer, inter alia in relation to contracts, the object of which is the provision of goods is unprefabricated, manufactured to consumer specifications or serving to meet his individual needs.
Right of withdrawal from the contract concluded remotely is also not entitled to the Consumer. In relation to contracts for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who was informed before the provision of services, that after the provision of services by the Seller will lose the right to withdraw from the contract.
Subject to §10 items. 1 to 2 of these Regulations a Buyer who is a Consumer, who has concluded a Distance Sales Agreement may, within 14 days, withdraw from it without giving any reason.
In the case of withdrawal from a remote contract, the contract is considered unconcluded.
Deadline for withdrawal from the Sales Agreement expires after 14 days from the date on which the Consumer has gained possession of the Goods or from the date of receipt by the Consumer of the last part of the completed order - if the order is executed in parts.
To meet the deadline it is sufficient to notify the Seller in the form of Be in another way selected by the Consumer, about making a statement of withdrawal before the expiry of the time for its submission.
Not later than within 14 days from the date of making a statement of withdrawal or together
with this statement, the Consumer shall deliver or send to the address of the Shop the purchased goods
in an unchanged condition.
The Consumer by virtue of exercising his right to withdraw from the contract shall not bear any costs except for direct costs of sending the goods back to the Shop.
If the returned goods are incomplete or bear traces of use, beyond normal management of the thing, the Consumer shall be liable for diminished value of the goods.
The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, make a refund using the same means of payment, which were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution.
Within 14 days from the date of receipt by the Seller of the Consumer's statement
of withdrawal from the contract, the Seller is obliged to return to the Consumer all payments made by him, including the cost of delivery of the item. The above shall not apply to costs of sending the goods back to the Shop.
If the Seller has not offered to collect the item himself from the Consumer, may withhold the reimbursement of payments received from the Consumer until receipt of the item back or delivery by the Consumer of the proof of return, depending on which event occurs first.
If the consumer has chosen a method of delivery of the goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the consumer the additional costs incurred by him.

§11

Free services

Seller provides to the Buyers, by electronic means, free services such as: Form, Newsletter, Maintaining a User Account.
Services are provided 7 days a week, 24 hours a day.
The Newsletter service can be used by any Buyer who expresses a separate agreement to receive commercial information and enter their e-mail address, using the registration form provided by the Seller on the Store website. After submitting a completed registration form, the Buyer receives immediately, by e-mail to the e-mail address provided in the registration form, a confirmation from the Seller. At this moment an agreement on Newsletter service provision by electronic means shall be concluded.
Each Newsletter shall contain information on the possibility and manner of resignation from the Newsletter service free of charge.
The Customer may at any time resign from the Newsletter subscription service by unsubscribing via a link in each email sent under the Newsletter service or by activating the appropriate field in the User Account. in the User Account.

§12

Privacy protection

The Seller is the administrator of Buyer's personal data provided to the Seller voluntarily during the Registration, one-time order placement and within the framework of electronic services provided by the Seller or in other circumstances specified in the Terms and Conditions.
Seller processes buyers' personal data in order to carry out orders, to provide services by the Seller electronically and for other purposes specified in the Terms and Conditions. Data are processed only on the basis of legal provisions or consent given by the Buyer in accordance with applicable law.
Seller protects personal data provided to him and makes every effort to protect them against unauthorized access or use.
Seller passes the Buyer's personal data to the Supplier to the extent necessary to carry out the Delivery.
Buyer has the right to access their personal data, correct them, request to stop processing, object to their processing and delete them.
Consent to data processing can be withdrawn at any time, by submitting to the Seller an appropriate statement on a durable medium. The statement can be sent, for example, to the address of the Seller via e-mail.
To gain access to or correct the processed personal data, please send a notification to the Seller to the following address: HERBE Agnieszka Trawińska or by e-mail at: shop@herbedesign.pl

§13

Buyer's obligations and protection of intellectual property

the Buyer is obliged, in particular, to:
use the e-Store in a manner that does not interfere with its functioning;
not to take actions such as sending or placing within the e-Store unsolicited commercial information (spam);
to use the e-Store in a manner not burdensome for other Buyers and the Seller;
to use any content available at the e-Store only for personal use;
using the e-Store in accordance with the provisions of the Polish law, the provisions of the Regulations and the general principles of Internet use.
It is forbidden to use any materials published at the website of the Store (including photographs and descriptions of Goods) without the written consent of the Seller.