Regulamin sklepu

1.1 Regulations - these Regulations, setting out the principles for the conclusion of distance sales agreements through the Internet Store, the principles for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles for the complaint procedure. With regard to services provided electronically, the Rules and Regulations are respectively the regulations referred to in Article 8 of the Act on Provision of Electronic Services.

1.2 Customer - a natural person with full legal capacity, legal person or organizational unit without legal personality, which is granted legal capacity by the act, which concludes a Distance Sales Agreement with the Seller.

1.3 Consumer - a consumer as defined by Article 22 1 of the Civil Code. According to the statutory definition: a Consumer is a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.

1.4 Natural person conducting a sole proprietorship making a purchase of a non-professional nature - a natural person concluding a remote Sales Agreement directly related to his/her business activity, where the content of the agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Business Activity Records and Information, which the law grants the right to: withdraw from the agreement on the principles granted to Consumers, to apply the provisions of the prohibited clauses used in patterns of contracts and concerning liability for defects of the sold thing.

1.5 Seller - Oranżada - Robert Derlatka, tel. (+48) 518 448 937, sklep@yerbamarket.com, NIP 532-108-42-10, REGON 11965950.

1.6 Address of the Seller - ul. Batorego 42/24, 05-400 Otwock.

1.7 Online Store - Internet service run by the Seller, available at the following electronic addresses: www.yerbamarket.com, through which the Client can obtain information about the Goods and their availability and purchase the Goods or order service.

1.8 Distance contract of sale - the contract of sale of a Goods/provision of services/delivery of digital content (if applicable), concluded via the Internet Store.

1.9 Merchandise - a movable thing which can be purchased by the Customer in the Internet Shop.

1.10 Privacy and Cookies Policy of the Internet Shop - a document defining the detailed rules of personal data processing and the use of cookies. The privacy and cookies policy constitutes Attachment 3 to the Terms and Conditions and is available at https://www.yerbamarket.com/pol-privacy-and-cookie-notice.html.

1.11 Durable medium - shall mean the material or tool enabling the Customer or the Seller to store the information addressed personally to him/her in a manner allowing future access to the information for a period of time adequate to the purposes of such information and which allows for reconstruction of the stored information in an unchanged form, in particular electronic mail.

1.12 Electronic order form - electronic order procedure made available by the Seller to the Buyer.

1.13 Electronic return form - electronic procedure of making returns available by the Seller to the Buyer; available at https://www.yerbamarket.com/client-orders.php?display=returns.

1.14 Electronic complaint form - electronic complaint procedure made available by the Seller to the Buyer; available at https://www.yerbamarket.com/client-orders.php?display=rma.

1.15 Sending the order - confirmation of the order by clicking the button "Order with obligation to pay", treated as submission by the Customer of a binding statement of intent to conclude a remote sales agreement with the Seller.

1.16 Account - a set of data stored in the On-line shop and in the Seller's IT system, concerning a given Customer and the orders placed by him/her and the conclusion of Distance Sales Agreements, with the use of which the Customer can place orders, as well as cancel or edit them in an appropriate timeframe and conclude Distance Sales Agreements.

1.17 Order processing evaluation and evaluation of individual goods - subjective statements and ratings awarded by the Customer in the form of stars from 1 to 5 for the Online Shop after completion of the Order.

2.1 Types and scope of services provided electronically:

2.1.1 conclusion of Agreements of sale online - with regard to Goods sold in the Internet Shop,

2.1.2 rules of registration and using an Account in the Internet Shop,

2.1.3 adding opinions, comments and ratings - the Customer may add an opinion or comment to his/her order,

2.1.4 sending e-mail messages, in which the Seller confirms the receipt of an order, possible receipt of payment, acceptance of an order for processing.

2.2 The use of the On-line shop is possible on condition that the IT system used by the Customer meets the following minimum technical requirements:

2.2.1 web browsers, i.e. Firefox, Chrome, Internet Explorer in the current version,

2.2.2 any program for viewing files in PDF format.

2.3 The content placed on the websites of the Internet Shop, including descriptions of the Goods and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. They become binding - for the purpose of concluding a specific contract - only when the Customer sends the order, which takes place by clicking the button "Order with obligation to pay".

2.4 The Seller makes these Terms and Conditions together with the Annexes available through a link on the home page before, during and after the conclusion of the remote sales agreement. The Buyer may download it and make a printout.

2.5 In order to ensure the security of the transmission of messages and data in connection with the services provided, the On-line shop takes technical and organisational measures appropriate to the degree of security of services provided, in particular, measures to prevent unauthorised persons from obtaining and modifying personal data transmitted on the Internet.

3.1 An order in the Internet Shop can be placed through an Account or a purchase option without registration.

3.2 The purchase is made by filling in an electronic order form available on the On-line shop's website. The ordered Goods shall be selected by adding them to a basket. The electronic order form specifies, among others, which Goods the Customer wants to order, at what price and in what quantities, to the location indicated by him/her. The Customer takes the appropriate technical steps based on the messages displayed.

3.3 After the Customer has provided all the necessary data, a summary of the placed order will be displayed. The order summary will contain information concerning: the Seller's identification data, the subject of the order, unit and total price of the ordered Goods, including delivery costs and other costs, if any, the selected payment method, the selected delivery method, time and cost of delivery.

3.4 If the subject of the contract is the supply of digital content that is not recorded on a tangible medium or services provided electronically or at a distance - the Consumer in the additional wantcbox required to place the order and located on the Electronic Order Form gives the following consent: "I consent to the delivery of digital content that is not recorded on a tangible medium or to the commencement of the service before 14 days from the date of conclusion of the contract and acknowledge the loss of the right of withdrawal". The Seller will confirm the receipt of such consent by email.

3.5 In order to make an Order, it is necessary to provide in the Electronic Order Form the personal data marked as obligatory, accept the content of the Regulations and send the Order by pressing the button "Order with obligation to pay".

3.5.1 Sending an electronic order form by the Customer shall constitute a binding declaration of will to conclude a Distance Sales Agreement in accordance with the content of these Terms and Conditions.

3.5.2 The distance contract of sale shall be considered concluded at the moment of the Seller's acceptance of the electronic order form, which shall be confirmed by displaying to the Buyer a message confirming that the order has been accepted and stating the order number.

3.5.3 After concluding a contract of sale at a distance, the Customer receives a confirmation of the placed order in the form of an e-mail message containing: confirmation of accepting the order and containing the final confirmation of all the important elements of the Order and general conditions of the concluded contract of sale at a distance (Regulations of the On-line shop together with Annexes no. 1 and 2), Seller's data, Seller's responsibility for the quality of performance, about services provided by the Seller after the sale and about the way and effects of withdrawing from the contract. Instructions on the manner and effects of withdrawal from the contract are included in Annex 2.

3.5.4 Until the Seller starts the processing of the order:

3.5.4.1 The Customer may change his order using the technical solution available on the Electronic Order Form page and going through the entire ordering path again. The change of the order is made by placing a new order, which takes the place of the previously placed order. If applicable, the payment made by the Customer is credited to the new order, and in case of overpayment, it is returned to the bank account from which the payment was made.

3.5.4.2 The Customer may cancel his/her order by selecting the "cancel order" option available on the Electronic Order Form page.

3.5.5 If the Customer cancels the order, the Seller shall refund the payment received within 3 working days. The payment will be refunded using the same method of payment used by the Customer.

3.5.6 The execution time of the Order is from 1 to 45 working days from the day of the conclusion of the agreement.

4.1 The Internet Shop offers the possibility of payment in the form of prepayment, cash on delivery and payment on account after the delivery. Deferred payment option is possible in situations individually agreed with the Seller.

4.2 Payment for the goods can be made in the way you choose when placing an order on the Electronic Order Form.

4.3 Currently available payment methods in the form of prepayments in the Online Shop are available at https://www.yerbamarket.com/pol-payments.html.

5.1 On the Electronic Order Form, the Customer selects the method of delivery by ticking the choice made. The Seller reserves the right to change the method of delivery chosen by the Customer at no additional cost to the Customer.

5.2 In case when the Goods are not collected by the Customer, which will result in returning the Goods to the Seller - the Seller may terminate the sale contract. The termination of the contract takes place by submitting to the Customer a statement in the form of an e-mail message.

5.3 In the situation referred to in point 2, the Seller shall be obliged to immediately return to the Customer the payment received for the purchased Goods by the Customer.

5.4 Currently available delivery methods in the Internet Shop are available at https://www.yerbamarket.com/pol-delivery.html.

6.1 A Buyer who is a Consumer who has entered into a Remote Sales Agreement may withdraw from it within 14 days without giving any reason. In the case of withdrawal from a Distance Selling Contract, the contract shall be considered as not concluded.

6.2 A natural person running a sole proprietorship making a non-professional purchase shall also have the right to withdraw from the agreement under the principles specified in Chapters 6 and 7 of these Terms.

6.3 The Seller shall verify the right to submit a statement of withdrawal from the Agreement by the person indicated in Section 2. Verification is done by checking whether the concluded agreement is not of a professional nature for this person - which in particular is done by analysing the PKD codes indicated in the Central Register of Business Activity and Information.

6.4 In the case of recognition that the purchase of the Goods made by a person running a sole proprietorship in the Internet Shop was of a professional nature - the Seller shall immediately, i.e. no later than within 3 working days of receipt of the statement of withdrawal - inform the person making the statement, that due to the professional nature of the purchase made - he/she is not entitled to withdraw, and therefore the statement of withdrawal from the agreement - has no legal effects. If, together with the declaration of withdrawal, the Goods have been physically returned - the Goods shall be sent back at the expense of the person making the declaration and to the address data previously provided in the Order. The Seller's reply shall be given using the same method as the one used by the person making the declaration.

6.5 In the event of cancellation, the Consumer shall only bear the direct costs of returning the Goods.

6.6 The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may:

6.6.1 use the electronic return form available on the Shop's website: https://www.yerbamarket.com/client-orders.php?display=returns.

6.6.2 withdraw from the contract using the withdrawal form attached hereto as Attachment No. 1 - by sending it to the address of the Seller's registered office.

6.6.3 The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from a contract submitted in the manner indicated in sections 1 and 2.

6.7 Sending the statement before the expiry of the deadline shall be sufficient for observance of the deadline.

6.8 The period for withdrawal from the contract shall begin:

6.8.1 for a contract in the performance of which the Seller issues a thing, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract which:

6.8.1.1 involves a number of items which are delivered separately, in instalments or in parts - from taking possession of the last item, instalment or part;

6.8.1.2 consists in regular delivery of goods for a definite period of time - from the taking possession of the first item;

6.8.2 for other contracts - from the conclusion of the contract.

6.9 The form of declaration of withdrawal (Attachment No. 1 to these Terms of Use) and information on exercising the right of withdrawal (Attachment No. 2 to these Terms of Use) shall be transmitted in the electronic form indicated in paragraph III clause 5 sub-clause 3 of these Terms of Use.

6.10 The right of withdrawal from the Contract of Sale concluded remotely does not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:

6.10.1 in which the price or remuneration depends on fluctuations on the financial market, over which the entrepreneur does not exercise control, and which may occur before the deadline for withdrawal from the contract;

6.10.2 of which the subject matter of the performance is a non-prefabricated item, produced to the Customer's specification or serving to satisfy his individual needs;

6.10.3 of which the subject matter of the performance is an item supplied in a sealed package that cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;

6.10.4 of which the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery;

6.10.5 for the supply of digital content and electronic licences which are not recorded on a tangible medium, if performance has begun with the consumer's express consent before the end of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;

6.10.6 the object of which is a perishable item or an item having a short shelf life and in which the object of the supply is an item which after delivery is, by its nature, inseparable from other items;

6.10.7 a contract for delivery of newspapers, periodicals or magazines, except for a subscription contract;

6.10.8 concluded by public auction

6.10.9 for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of performance

6.10.10 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 which are beyond the trader's control;

7.1 The Seller shall, within 14 days from the date of receipt of the statement of withdrawal from the Agreement for the sale of goods, return to the Consumer all payments made by him, including the costs of delivery corresponding to the cheapest method of delivery offered by the Seller.

7.1.1 Reimbursement of payments shall be made using the same method of payment used by the Consumer.

7.1.2 If the Consumer, in order to exercise the right of withdrawal, uses the Electronic Return Form - the funds will be refunded by the chosen method and to the bank account specified by the Consumer.

7.2 If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the reimbursement of the payment received from the Consumer until he has received the Goods back or the Consumer has supplied evidence of having sent back the Goods, whichever event occurs first.

7.3 The Seller may offer to the Consumer that he will collect the item from him. However, if the Seller has not made such a proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to receive) immediately, but no later than 14 days from the date on which withdrawal from the contract. To meet the deadline is sufficient to return the item before its expiry. Goods that the Consumer returns should be sent to the address of the Seller's registered office.

7.4 The Consumer is responsible for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

8.1 The Seller shall be obliged to deliver the Goods free from physical and legal defects and shall be liable to the Customer for physical and legal defects of the purchased Goods under the terms of the Civil Code.

8.2 If after passing the ownership of the Goods to the Buyer, the Buyer finds that the Goods have physical or legal defects, the Buyer may submit to the Seller a complaint on account of warranty for defects:

8.2.1 via the Electronic Complaint Form;

8.2.2 in writing to the address of the Seller's registered office or by e-mail to sklep@yerbamarket.com.

8.2.3 In the notification, it is necessary to specify a defect which the Buyer considers that the Goods have, claims against the Seller and if it is possible - to document the said defect and present the proof of purchase of the Goods at the On-line Shop. The Seller shall be obliged to respond to the complaint within 14 days from the date of its receipt. If he does not respond within the aforementioned time limit, it shall be deemed that he has acknowledged the complaint. The response to the complaint shall be provided to the Buyer by the Seller in writing or on a Durable Media.

8.2.4 The steps to be taken by the Buyer in order to submit the complaint, including the manner of delivery of the Goods complained of to the Seller shall be indicated at the particular stages in the Electronic Complaint Form. In case of the Buyer's application of a different way of submitting the complaint than through the Electronic complaint form - the Seller shall inform the Buyer about further steps in the complaint procedure in a manner corresponding to the way of complaint submission.

8.2.5 In the case when the Seller recognizes the complaint as legitimate: the costs of replacement, repair, including the cost of shipment related to the complaint of the Goods shall be borne by the Seller.

8.2.6 The Seller shall verify if the complaint submitted by a natural person running a sole proprietorship making a purchase of non-professional character is of non-professional character for this person. Verification is done by analysing the PKD codes indicated in the Central Register of Business Activity and Information.

8.2.7 If, following a complaint submitted by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer with a statement on paper or another durable medium about:

8.2.7.1 intention to apply for the initiation of proceedings on out-of-court settlement of consumer disputes or consent to participation in such proceedings or

8.2.7.2 refusal to participate in the procedure for out-of-court settlement of consumer disputes.

9.1 Within a certain period of time after the completion of an Order, the Customer who has an Account may be asked in an email to add an Order rating and a rating of the individual goods. The assessment of the handling of the order and the assessment of the individual goods is voluntary and free of charge, and in order to do so, the Customer must click on the link which takes them to a separate page. The customer can only add these ratings once per order.

9.2 Within the scope of these ratings, the customer can enter a star rating from 1 to 5 and add verbal comments limited to 65,535 characters. These ratings are automatically signed by the name and city/town of the customer which the customer provided when registering the account.

9.3 The ratings are stored and presented publicly on the On-line shop's website, as well as on the Partners' websites.

9.4 The Seller does not substantively verify, does not control the ratings of orders. The Buyer is solely and independently responsible for the statements made within the ratings. The Seller is entitled to block ratings in full or in part in accordance with the provisions of the law and these Terms of Use.

9.5 The submission of false, misleading, vulgar, aggressive or abusive content or content which is clearly considered to be immoral is not permitted. It is also unacceptable to post content that is unlawful, infringes the rights of third parties or constitutes unfair competition.

9.6 The Customer undertakes not to place content that contains links to external websites, that is of a promotional or advertising nature or that contains personal data of third parties. It is also prohibited to upload content of an unlawful nature, in particular content that constitutes unfair competition, etc.

9.7 The Customer is responsible for the content he/she edits and uploads, and in particular is responsible for infringement of third party rights or goods.

9.8 At the Customer's express request, the content of Reviews can be hidden from other users of the Store, but the star rating awarded is included in the overall rating of the Store and Merchandise.

10.1 The Customer declares that he or she is not entitled to any rights, including copyright or related rights to the ratings and statements made by him or her, except for the right to use the Online Store in the manner specified in the Terms and Conditions. The Customer is not entitled to any recording, multiplication, making available, publicising or distributing of the content, unless such a right results from the provisions of the law or the Regulations.

10.2 The Customer is not authorised to interfere in any way with the content, especially the content, structure, form, graphics, operation mechanism or other elements of the Internet Shop.

10.3 By placing Evaluations at the On-line Shop, which constitute works within the meaning of the Act on Copyright and Related Rights of 4.2.1994 - the Customer grants the Seller a non-exclusive and free-of-charge licence, not limited in terms of time and territory, to use these works, together with the right to grant a sub-licence to the Seller's Partners, which includes making the work available to the public in such a way that everyone can have access to it at a place and time of their choice (the Internet). The licence is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:

10.3.1 to the extent of recording and multiplication of the work by any technique - in particular by printing, reprography, magnetic recording, digital technique, i.e. using any techniques on any audiovisual or visual carrier, in particular on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related on-line services and multiplication, recording, use on the Internet, advertising, multiplication of the recording in electronic form in computer memory and in internal and external networks,

10.3.2 using the whole or fragments, or any elements of the work - with the possibility of making modifications resulting from the essence of the given Internet medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; using the whole or fragments for the purposes of promotion and advertising, especially in the form of audiovisual, audio, media advertisements.

10.3.3 within the scope of circulation of the original or copies on which the work was recorded - introduction into circulation, lending, rental of the original or copies

10.3.4 within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction as well as broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everybody could have access to it in a place and at a time chosen by themselves,

10.3.5 using the works for promotional and marketing purposes;

10.4 The deletion of the Account by the Customer or the Appraisers pursuant to Section 9(8) does not affect the validity of the above licence.

11.1 These Terms of Use shall apply as of 2021.01.26.

11.2 If any provision of these Terms of Use is modified or invalidated by a decision of a competent authority or a court, the remaining provisions of these Terms of Use will remain in force and will be binding on the Seller and the Customer.

11.3 The law applicable to the settlement of any disputes related to the Terms and Conditions shall be the law of Poland. These disputes will be settled by the locally competent common court. A Customer who is a Consumer can also use the out-of-court ways of dealing with complaints and claims. All the information concerning the out-of-court ways of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at the following address: www.uokik.gov.pl. At the same time we would like to inform you that the indicated procedures are voluntary and both parties must agree to them.

11.4 On the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at https://ec.europa.eu/consumers/odr. The ODR platform is a one-stop-shop website for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.

12.1 A sole trader who makes a purchase of a non-professional nature, i.e. resulting in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Business Register and Information on Business Activity, shall also have the right to withdraw from the contract according to the following rules. You have the right to withdraw from the contract on the following terms - Consumer You have the right to withdraw from this contract within 14 days without giving any reason. The right of withdrawal expires after 14 days:

12.1.1 in the case of a contract of sale, from the day on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods;

12.1.2 in the case of a contract involving the transfer of ownership of several items which are delivered separately, from the day on which you acquire possession of the last item or on which a third party other than the carrier and indicated by you acquires possession of the last item;

12.1.3 in the case of a contract involving the transfer of ownership of items delivered by instalments or partial instalments, from the day on which you acquire possession of the last instalment or part or on which a third party other than the carrier and indicated by you acquires possession of the last instalment or part;

12.1.4 in the case of contracts for regular delivery of goods, for a defined period of time from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, possession of the first item;

12.1.5 in the case of contracts for the supply of services or digital content which is not supplied on a tangible medium, from the day of conclusion of the contract.

12.2 To exercise your right of withdrawal, you must inform us, i.e: Oranżada - Robert Derlatka, ul. Batorego 42/24, 05-400 Otwock, tel. (+48) 518 448 937, sklep@yerbamarket.com.

about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).

12.3 You may use the Model withdrawal form, but it is not obligatory.

12.4 You may also use the Electronic Return Form available on the website of the Online Shop: https://www.yerbamarket.com/client-orders.php?display=returns. If you use this option, we will immediately send you an acknowledgement of receipt of your notice of withdrawal on a durable medium.

12.5 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

12.6 If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the extra costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

12.7 In the case of contracts involving the transfer of ownership of an item where we have not offered to collect the item in the event of withdrawal, we shall withhold reimbursement until we have received the item or you have supplied us with proof of having sent back the item, whichever is the earliest.

12.8 Please return the returned item to the following address: Oranżada - Robert Derlatka, ul. Batorego 42/24, 05-400 Otwock immediately and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the expiry of the 14-day period. You will have to bear the direct costs of returning the item.

12.9 Due to the weight and size of the Goods, in the event of withdrawal from the contract - sending back the Goods may involve higher costs than ordinary postal delivery. If you wish to use the services of a courier company, it may be necessary to send the shipment on a pallet, which is more expensive than ordinary postal shipping.