ONLINE STORE RULES AND REGULATIONS - Heal Yourself

§ 1

Preliminary provisions

  1. The online store, available at the address www.healyourself.com.pl, is operated by Katarzyna Terlecka performing business activity under the name „ANAHATA” Katarzyna Terlecka, NIP: 967 068 90 37, REGON: 015600464.

  2. These regulations are addressed to Consumers and specify the rules and procedure for concluding a Distance Selling Agreement with the Consumer via the Store. 

§ 2

Definitions

  1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to their business or professional activity.  

  2. Seller – Katarzyna Terlecka performing business activity under the name „ANAHATA” Katarzyna Terlecka, NIP: 967 068 90 37, REGON: 015600464.

  3. Customer – an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with these Regulations and the law.  

  4. Shop – online store run by the Seller at the address www.healyourself.com.pl.  

  5. Contract concluded at a distance – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of parties, with the sole use of one or more means of distance communication up to, and including, the conclusion of the contract. 

  6. Regulations – these Regulations of the Store.

  7. Order – the statement of intent of the Customer expressed by filing out the Order Form and aiming to conclude the Contract of Sale with the Seller.

  8. Account – Customer account in the Store, it contains data provided by the Customer and information about orders placed by them in the store.

  9. Registration form – a form available in the Store, enabling the creation of an Account.

  10. Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Shopping Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

  11. Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are displayed, and which also makes it possible to set and modify the Order data, and in particular the quantity of products.

  12. Product – a movable item available in the Store / a service that is the subject of the Sales Agreement between the Customer and the Seller.

  13. SALE AGREEMENT – a contract regarding the sale of a Product concluded or to be concluded between the Customer and the Seller through the Online Store. The Sale Agreement also means – in accordance with the Product features – a contract for the provision of services and a contract for specific work.

  14. Workdays – all days of the week from Monday to Friday, excluding public holidays.

§ 3

Contact with the store

  1. Seller’s address: Narbutta 83 / F1, 02-524 Warsaw

  2. Seller’s e-mail address: sklep@healyourself.com.pl

  3. Telephone number of the Seller: 0048 663 355 587

  4. Seller’s bank account number: PL08 1140 2004 0000 3302 7852 3544

  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this article.

  6. The customer can communicate by phone with the Seller on Workdays, from 10:00 to 17:00 CET.

§ 4

Technical requirements

To use the Store, including viewing the Store’s selection and placing orders for Products, you will need:

  1. a terminal device with access to the Internet and a browser such as Chrome, Mozilla FireFox, Safari, Microsoft Edge, Opera,

  2. an active e-mail account (e-mail),

  3. enabled cookies services,

  4. FlashPlayer installed.

§ 5

General information

  1. The Seller, in the widest extent permitted by law, is not liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer..

  2. Browsing the Store’s selection does not require creating an Account. Placing orders by the Customer for Products in the Store’s selection is possible either after creating an Account in accordance with the provisions of Article 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

  3. The prices in the store are given in Polish zlotys and are gross prices (including VAT).

  4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages during Order placement, including at the time of expressing an indication of the Customer’s wish to be bound by the Sales Agreement.

  5. When the nature of the subject of the Agreement does not, within reason, allow for the advance calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Store in the description of the Product.

§ 6

Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form at www.healyourself.com.pl .

  2. When filling out the Registration Form, the Customer has the opportunity to read the Regulations, and accept them by marking the appropriate field in the form.

  3. Correct registration is defined as filling all the required fields of the registration form.

  4. Creating an Account in the Store is free.

  5. Logging in to the Account is done by entering the login and password set in the Registration Form.

  6. The Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via electronic mail or in writing to the addresses provided in § 3.

§ 7

Placing orders

In order to place an Order: 

  1. log in to the Store (optional);

  2. choose the Product that is the subject of the Order, and then click “Add to cart” (or equivalent);

  3. log in or use the option of placing an Order without registration;

  4. if the option to place an Order without registration has been chosen – fill in the Order Form by entering the details of the Order recipient and the address to which the Product delivery will take place, select the type of shipment (method of delivery of the Product), enter the invoice data if different from the recipient’s details,

  5. click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the e-mail,

  6. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified time, subject to Article 8 paragraph 3.

§ 8

Available delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:

a) postal consignment,

b) courier parcel,

c) parcel deilvered to a Ruch establishment,

d) self-service parcel pick-up by InPost Paczkomaty 24h.

  1. The customer can use the following payment methods:

a) by transfer to the Seller’s account,

b) by card,

c) by payments via electronic payment providers.

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9

Execution of a sales contract

  1. Conclusion of the Sale Agreement between the Customer and the Seller occurs after placing an Order by the Customer using the Order Form in the Online Store in accordance with Article 7 of these Regulations.

  2. After placing the Order the Seller shall immediately confirm receiving of the Order, and at the same time accepts the Order for completion. Confirmation of receiving of the Order and its acceptance for Completion is made by sending to the Customer an appropriate e-mail to the specified e-mail address given when placing the Order. The e-mail includes at least the Seller’s statement of receiving of the Order and its accepting for completion as well as the confirmation of the conclusion of the Sale Agreement. Upon receipt of the above e-mail the Customer is entered into the Sale Agreement with the Seller.

  3. The Seller stipulates that if the order can not be processed for reasons beyond their control, they will inform the Customer of this fact without delay. The order will then be canceled by the Store.

  4.  In such a case where a paid order is cancelled, the Seller shall refund the payment made no later than within 14 days from the day of notifying the customer of the inability to process the order. The reimbursement will be made by the Seller using the same payment methods that were used by the Customer in the canceled transaction, unless the customer explicitly agreed to another solution, which will not entail any costs for the Seller.

  5. In the case of payment by bank transfer, payment through electronic payment providers or payment by a payment card, the Customer is obliged to make payment within 3 Business Days from the date of the Sale Agreement – otherwise the order will be canceled.

  6. he product will be sent by the Seller within 2-5 Business Days (subject to paragraph 5 of this article), in the manner chosen by the Customer when placing the Order.

  7. In the case of natural cosmetics, which are made in small batches by a producer cooperating with the Store, the delivery time may be extended to 10 Business Days, about which the Customer will be notified immediately after placing the Order.

  8. The beginning of the delivery of the Product to the Customer starts from the date of crediting the Seller’s bank account.

  9. In the case of orders of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date.

  10. The start of the Product’s ready for collection period is counted if the Customer selects the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.

  11. Product delivery takes place only in Poland.

§ 10

Right of withdrawal

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The period of time specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by them.

  3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 starts from the delivery of the last item, lot or part.

  4. In the case of the Agreement, which consists in regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 starts from taking possession of the first item.

  5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To comply with the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.

  6. The statement may be sent by traditional mail or by e-mail by sending a statement to the Seller’s e-mail address – the Seller’s contact details are specified in article 3. The statement may be submitted on a form, the template of which was posted by the Seller on the Store’s website as a Form of withdrawal.

  7. In the case of sending the statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement of withdrawal from the Agreement provided by the Consumer.

  8. Effects of withdrawal from the Agreement:

a) If the Customer withdraws from a distance contract, the contract shall be considered null and void.

b) In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, refund all payments made by them, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the lowest-priced usual delivery method offered by the Seller.

c) The reimbursement will be made by the Seller using the same payment methods that were used by the Customer in the canceled transaction, unless the customer explicitly agreed to another solution, which will not entail any costs for the Seller.

d) The Seller may withhold payment until the subject of the order has been received or until the proof of return is provided to him/her, whichever occurs first.

e) The consumer should return the Product to the address of the Seller specified in these Regulations immediately, not later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be respected if the Consumer sends the Product back within 14 days.

f) The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be sent back by regular mail.

g) The consumer is liable only for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.

9. If, due to the nature of the Product, it can not be sent using regular serivces offered by postal service providers, information about this, as well as the cost of returning the Product, will be included in the description of the Product in the Store.

10. The right to withdraw from a distance contract shall not be granted to the consumer in respect of the following contracts:

a) for which the subject of the contract is not a standard product but a product manufactured according to the customer’s specifications or used to meet their individual needs,

b) for which the subject of the contract is a product delivered in a sealed package, which cannot be returned after the opening of the package for health protection or hygienic reasons if the packaging has been opened after the delivery,

c) in which the subject of the contract is a rapidly decaying product or a product having a short shelf life,

d) for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the service by the Seller, they will lose the right to withdraw from the Agreement,

e) for which the price or remuneration depends on fluctuations in the financial markets, over which the online shop has no control and which may occur before the deadline for withdrawal,

f) in which the subject of the contract is a product, which after delivery because of is nature, is inextricably connected to other things,

g) in which the subject of the contract consists of alcoholic beverages, the price of which has been agreed upon the conclusion of the contract of sale, and which can be delivered only after 30 days and the value of which is dependent on fluctuations in the market, over which the online shop has no control,

h) in which the subject of the contract consists of sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after the delivery,

i) for the provision of newspapers, periodicals or magazines, with the exception of the subscription agreement,

j) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the Consumer before the deadline to withdraw from the contract and after having informed them by the Seller of the loss of the right of withdrawal from the Sale Contract,

§ 11

Complaint and warranty

  1. The Sale Agreement covers new Products.

  2. In the event of a defect of the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.

  3. Complaints should be reported in writing or by e-mail to the addresses of the Seller provided in § 3 of these Regulations.

  4. It is recommended that the complaint include a brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the good.

  5. The Seller shall respond immediately to the complaint, which is no later than 14 calendar days from the date of its submission. If the Seller fails to respond to the complaint within the above deadline, the Complaint shall be considered valid.

  6. Goods sent as part of the complaint procedure should be sent to the address given in article 3 of these Regulations.

  7. Anahata sp. z o.o. Is not a producer of Products. The producer is responsible for the warranty of the sold Product on the terms and for the period specified in the warranty card. If the manufacturer’s warranty document provides for such a possibility, the Customer may submit his claims under the guarantee directly to the authorised service provider, whose address is indicated in the warranty card.

  8. If the purchased Product is a cosmetic, the Seller shall not be liable for improper use of such a cosmetic or potential allergies to the cosmetic’s ingredients

§ 13

PERSONAL DATA IN THE ONLINE STORE

  1. The administrator of personal data of Customers collected via the Online Store is the Seller.

  2. Processing of personal data in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general Data Protection Regulation) is governed by the privacy policy at: https://healyourself.com.pl/en/privacy-policy/

  3. Providing personal data during registration or placing an order is voluntary, although necessary for the implementation of the contract of sale concluded by the Customer of the online store www.healyourself.com.pl with the Seller. The customer has the right to access their data and correct it, which can also be done in the user’s panel.

§ 14

Final Provisions

1. Agreements concluded by the Online Store are concluded in the Polish language.

2. The Service Provider reserves the right to make amendments to these Terms and Conditions for important reasons, i.e. changes in law; changes in payment and delivery methods, in so far as these changes do not affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.

3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services and other relevant provisions of Polish law.

4. Settlement of any disputes arising between the Seller and the Customer who is a consumer within the meaning of Article 22[1] of the Civil Code, shall be subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.

5. Settlement of any disputes arising between the Seller and the Customer who is not a consumer within the meaning of Article 22 [1] of the Civil Code of the Civil Code, shall be subject to the court having jurisdiction over the seat of the entity running the online store.

Warsaw, 01 March 2021

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