Terms And Conditions Of Use

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Terms And Conditions Of Use

TERMS & CONDITIONS FOR PROVIDING ONLINE SERVICES

naturo.org.pl

§1. General provisions

The Seller shall provide Services in accordance with these Terms & Conditions and generally applicable laws.
The online store is available at naturo.org.pl.
You may contact the Seller by
1. post: Naturo Sp. z o.o., ul. Szafranowa 6/Hala H1, 21-003 Elizówka,
2. e-mail: sklepnaturo@naturo.org.pl, 3. phone: + 48 517949977.
The Seller shall provide access to the Terms & Conditions on the Store's website and may provide access hereto in the Customer Zone or send it as an attachment to e-mails including statements on accepting Customers’ offers. At any time the Customers may gain access to these Terms & Conditions, save them, retrieve them and reproduce them by printing or saving on a data storage medium.
The information given on the Store's website does not constitute Seller's quotations within the meaning of Article 66 of the Polish Civil Code, but is only an invitation to Customers to submit their offers to enter into an agreement, as referred to in Article 71 of the Civil Code.
In order to use the Store, Customers should be equipped with an ICT device with Internet access, a properly configured web browser in a current or older version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, an active JavaScript service, and an active and properly configured electronic mail account.

§2. Account registration

The Customer Account Service Agreement shall be made for an indefinite term upon the Seller’s confirming the Customer Account registration.
The subject-matter of the Customer Account Service is to provide access to the Customer Account panel, allowing the management of Customer data and orders.
To create the Customer Account, the Customer must sign up free-of-charge and voluntarily. This may be done by filling in and sending to the Seller a registration form which is available on the Store's website.
The correct completion of the registration form is conditional upon filling in all mandatory and, if possible, optional fields, with accurate, complete data and information that is relevant to the Customer concerned.
Before sending in the registration form, by marking an appropriate field, the Customer should make a statement that he/she has read

these Terms & Conditions and accepts its provisions.

The registration form is sent to the Seller with the use of, and via, the Store’s functionalities.
The Customer Account may be used following its creation, and further upon signing in with the use of a respective login and password.
It is forbidden to disclose access data to the Customer Account to third persons and to create several Customer Accounts by one Customer.
The Customer may terminate the Customer Account Service Agreement without providing any reasons and at any time, using the Account’s functionalities or by sending a Customer's statement to that effect to the Seller, e.g. by e-mail or letter.
The Seller may terminate the Customer Account Service Agreement without providing any reasons and at any time, subject to a 14-days’ notice period and subject to the rights acquired by the Customer prior to such termination.

§3. Basic Store functionalities

The Seller allows the browsing of information published on the Store’s website via the Store. The Customer ends using the Service upon leaving the Store's website.
The Seller shall provide the Customers with the access to the following basic Store functionalities:
1. access to a contact form,
2. access to the Product browser,
3. Product queries,
4. publication of reviews on Products,
5. adding a given Product to a wish list,
6. adding a given Product to availability notifications,
7. access to a map.
To use the contact form functionality, you should fill in all obligatory fields and enter the required contents, and then send the message to the Seller. The Seller shall reply without undue delay with the use of Store functionalities, by phone or by electronic means, by sending an e-mail.
To search for Products in the Store, you should enter the required phrase in the Store's search tab and approve your choice. The functionality allows Customers to browse the Store's resources with the use of key words entered by the Customers. In addition, the functionality allows the use of advanced search options in the scope of selected criteria.
To ask the Seller a question about Products, Customers may use the Product query functionality (“Ask a question”). The Seller shall reply without undue delay with the use of Store functionalities, by phone or by electronic means, by sending an e-mail.
To publish a review on given Products, Customers should use a review form by filling in its obligatory fields and entering the declared rating and/or review contents. The functionality may allow the rating based on a specified scale. The Seller may require that the Customer precede the publication of his/her comments on a given Product or Service in the Seller's portfolio with marking a statement that he/she has bought or used the Product being referred to in the review or comment.
To use the wish list functionality, Customers should add a selected Product to the wish list. The functionality consists in temporarily saving a web page with the Product’s advertising proposal in the Store’s memory.
To use the Product availability notification functionality, Customers should click on the dedicated button. The functionality consists in temporarily recording a given Product on the availability notification list until such notification is received, and in the Seller's sending to the Customer a relevant availability notification concerning specific Products. If there is not active Customer Account, Customers should provide their contact e-mail to use the functionality. The provision of the data is voluntary but necessary to receive notifications. The Customer may sign out of the notification list without providing any reasons and at any time, using the Store’s functionalities or by sending a Customer's statement to that effect to the Seller, e.g. by e-mail or letter.
To use the map functionality, open the web page with the map. The functionality allows a view of the Seller’s registered office location.
A Customer Account and signing in the Account may be required to use some of the listed functionalities.

§4. Orders placed via the Store

Orders for Products may be placed via the Store's website 7 days a week, 24 hours a day, with the use of the “Basket” function.
Once the list of ordered Products is complete, the Customer moves on to completing the orders in the “Basket” zone.
To place an order, the Customer should follow subsequent steps in line with the messages being displayed on the Store's web pages.
While placing an Order, the Customer is obliged to:
1. enter mandatory data. Failure to do so will make the finalisation of the order impossible.
2. select the payment method and means of delivery.
Prior to placing an order, the Customer receives information about the total price of the order, as displayed in the “Basket” zone, together with taxes and additional costs, in particular delivery and payment transaction costs.
Orders may be placed by clicking a relevant button in the “Basket”, which is equivalent to the Customer’s submission of an offer to the Seller to enter into an agreement for the sale of Products listed in the order.
Before sending in the order form, by marking an appropriate control field, the Customer should make a statement that he/she has read these Terms & Conditions and accepts their provisions.
The Seller’s acceptance of the Customer's offer, subject to the change referred to in the paragraph above, shall be deemed as a new offer that requires the Customer's acceptance in order to enter into a relevant Sale Agreement.
The Seller confirms the acceptance of the order by sending an e-mail without undue delay. The message includes the terms of the sale agreement set by the parties and the details entered by the Customer in the order form, to allow the detection of potential errors therein. Should such error be identified, the Customer may notify the Seller about the fact by sending an e-mail with the correct data.
The confirmation of order acceptance is equivalent to the Seller's accepting the offer to enter into a sale agreement, as submitted by the Customer.

§5. The sale

The Seller provides a Distance Product Sale Service to its Customers.
The Products that are available in the Store are each time presented in the current assortment on the Store's website. The specific nature of each Product, its ingredients and characteristic features are included in Product descriptions on the Store's website.
The subject-matter of the Sale Agreement includes the Seller's undertaking to transfer the ownership of the Products to the Customer and release them, and the Customer's undertaking to collect the Products and pay the Product price to the Seller.
The Seller reserves the right to conduct promotional campaigns involving, in particular, the reduction of prices for Products or Services until a set date or until stocks of Products covered by promotion are exhausted.
By entering into a Sale Agreement, the Seller undertakes to deliver Products free of any defects to the Customer.
The Sale Agreement is deemed effective upon the Seller's confirmation of the Customer’s order.
Sale Agreements are made in Polish, whereas their contents are consistent with these Terms & Conditions.

§6. Vouchers

The Seller provides a Voucher Sale Service to its Customers.
A voucher is a document that entitles its holder to enter into a Sale Agreement for Products in the Seller's portfolio, in a price

reduced by a balance equivalent to the value of a given voucher.

The Seller shall not provide an option to exchange vouchers for cash.
Should the value of the Sale Agreement be lower than the voucher value, the Seller will not allow the exchange of the remaining voucher value for cash.
To use the voucher, the Customer must submit it to the Seller prior to entering into the Sale Agreement.
The provisions referring to Sale shall apply accordingly to the issue of vouchers.

by credit or debit card via a third-party payment operator,
by BLIK code via a third-party payment operator,
in instalments via an external payment operator, under the terms and conditions of service provided by such operator.
The Seller relies on the services of a third-party payment operator using the AutoPay external payment system operated by Autopay Spółka Akcyjna with its registered office in Sopot (81-718) at ul. Powstańców Warszawy 6, entered in the Enterprise Register of the National Court Register (KRS) under No. 0000320590, NIP (Tax ID No.): 5851351185 and REGON (National Business Registry Number): 191781561.
The Customer is obliged to make the payment:
1. within 7 days - if the bank transfer option has been selected,
2. on placing the order - if a payment method operated with the use of a third-party payment system has been selected.
The Seller shall refund payments without undue delay, although in no event later that within 14 days of the date of the occurrence of relevant circumstances, if:
1. the Customer withdraws from the agreement,
2. the Seller accepts a claim included in a complaint, in part or in full, under generally applicable laws.
The payment refund shall be made with the use of the same payment method as has been used by the Customer in the original transaction, unless:

the Customer consents to another solution which does not involve any additional costs on his/her part.

The Seller is not obliged to refund any additional costs of Product delivery, if the Customer has selected a delivery method other than the least expensive regular delivery method offered by the Seller.

§9. Complaints – non-compliance of service with the agreement

Complaints may be filed on account of non-compliance of the provided Service with the agreement under applicable laws in force, in particular pursuant to the provisions of Article 43b et seq. of the Consumer Rights Act of 30 May 2014.
Complaints may be filed by letter or e-mail at the Sellers’ postal or e-mail addresses. They may be submitted with the use of a form, attached to these Terms & Conditions as an Appendix; however, it is not mandatory.
We recommend including the following information in complaints:
1. Consumer’s contact details to provide a reply and deal with related correspondence,
2. the Consumer’s bank account number to refund money, should such circumstances occur,
3. the description of the issue and Consumer’s identification data.
4. If the complaint refers to a Product that is a tangible item, to allow the Seller to examine the complaint, the Consumer is obliged to deliver or sent the Product being covered by the complaint to the Seller's address, at the Seller's cost.
5. The Seller shall examine the complaint within 14 days of the submission date.
6. The Seller shall notify the Consumer about the mode of resolving the complaint matter by electronic means or by a regular letter depending on

the Consumer’s wish or the complaint-filing method applied.

If the complaint refers to Products that need to be sent back to the Consumer upon examining the complaint, the Seller shall deliver or send the Products to the Consumer's address.
The refund of money in relation to the complaint shall be made with the use of bank transfer or postal order, according to the Consumer’s choice.

§10. Out-of-court complaint examination and claims

The Consumer may use the following out-of-court methods of examining complaints and exerting claims:
1. submitting a request for resolving a dispute that results from the concluded Sale Agreement to the Standing Consumer Court of Arbitration operating within the structures of the Trade Inspection Office, whereas the address of a competent Trade Inspection branch may be verified against information published on the website of the Office of Competition and Consumer Protection, https://www.uokik.gov.pl/wazne_adresy.php#faq596,
2. submitting a request for instituting mediation proceedings to amicably resolve a dispute between a Consumer and a Seller to the Voivodeship Inspectorate of the Trade Inspection Office, whereas the address of a competent Trade Inspection branch may be verified against information published on the website of the Office of Competition and Consumer Protection, https://www.uokik.gov.pl/wazne_adresy.php#faq596,
3. using the support of district or municipal consumer ombudsman or community organisations whose statutory activities include consumer protection,
4. filing a complaint via the EU Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/, pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
Detailed information on out-of-court methods to examine complaints and exert claims, and the rules of access to the said procedures can be found in the premises and on the websites of entities listed in Point 1 above.
The list of entities and institutions which perform tasks related to out-of-court dispute resolution for consumers and detailed information in this respect can be found on the website of the Office of Competition and Consumer Protection at https://www.uokik.gov.pl.

§11. Withdrawal from the Agreement

A Customer who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from an agreement, including a Sale Agreement, within 14 days without stating the reasons, subject to the provisions indicated in the instruction on withdrawing from the agreement, attached as an Appendix to these Terms & Conditions.
The right to withdraw from the agreement shall not apply in relation to agreements for the sale of:
1. goods which are liable to deteriorate or expire rapidly,
2. sealed goods which are not suitable for return due to health protection and were unsealed after delivery,
3. goods which are, after delivery, according to their nature, inseparably mixed with other items.
Otherwise the right to withdraw from the agreement may be exercised by submitting a statement setting out a decision to withdraw from the agreement. The statement may be submitted using a form, the template of which is attached as an Appendix to these Terms & Conditions.
The Customer shall return the Products to the Seller or to a person authorised by the Seller immediately upon the withdrawal from the agreement, in any event no later than within 14 days of the withdrawal date. It is sufficient to send back the Products before the said time limit expires. The provisions shall not apply if the Seller has proposed to collect the Products itself.
The Customer shall be liable for any diminished value of the Products resulting from the handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
In the event of withdrawing from the agreement, such agreement shall be deemed as not having been made. If the Customer has filed a statement setting out the decision to withdraw from the agreement before the Seller accepts his/her offer, the offer ceases to be binding.

§12. Data and cookie file processing

Information on the conditions for personal data processing is set out in the Store’s Privacy and Cookie File Policy.
Information on the types of cookie files used is set out in the Store’s Privacy and Cookie File Policy.

§13. Licence conditions

The Seller shall grant to the Customers using the Store a free licence in the scope of personal use to allow the use of the Store in line with the following conditions.
The Store's name, graphic design, structure, the Store, the source code or the compiled code of the Store, web pages for Store service and any documents developed by the Seller in relation to providing access to the Store, including the related works, the Terms & Conditions and other documents and messages sent in respect of service provision, constitute works within the meaning of the copyright law. The Seller will not transfer to the Customer any economic copyright to the Store or any parts thereof, or any right to grant authorisations to dispose of economic copyright to the works or the Store and to use them, or to exercise other derivative rights that have not been reserved under licence conditions.
The right to use the Store and related works shall apply in the following fields of use: saving and reproducing thereof in the memory of an ICT device in a place and time of one's choice, as well as accessing and displaying them via an ICT device in a place and time of one’s choice.
The Customer may not: lend, lease or re-sell works or any parts thereof, as well as create derived works on their basis, modify the works, delete information on ownership or copyright that may appear within the works, use the works for purposes that are in breach of generally applicable laws or ethical and moral standards.
This non-exclusive licence is unlimited as to time and territory, and shall apply in respect of the whole Store and all related works. The Seller shall retain exclusive right to decide about maintaining the Store’s integrity.
On publishing any contents on the Store’s website, including, in particular, comments or reviews, the Customer shall grant to the Seller a gratuitous, non-exclusive licence, unlimited as to time and territory, in respect the following fields of use: publishing on the Store's website, saving and reproducing in the memory of an ICT device in a place and time of one's choice, accessing and displaying via an ICT device in a place and time of one's choice, with the right to grant a sub-licence referred to in the above paragraphs, to allow the Customers to use the Store.
The Customer acknowledges that it is forbidden to provide to or via the Store:
1. illicit content,
2. content that can be misleading to other Customers,
3. content that may infringe the personal interest of Customers, the Seller or any third persons,
4. content that is commonly seen as offensive, vulgar or that violates good morals, in particular: pornographic contents, content promoting the use of narcotic drugs or excessive alcohol consumption, content calling for racism, xenophobia or hate.
The Seller is authorised to remove or moderate content that is in breach of these Terms & Conditions.

§14. Validity of, and amendments to, the Terms & Conditions

The Terms & Conditions shall enter into force three days after its publications on the Store's website.
The Terms & Conditions may be amended due to changes in legal regulations governing the subject-matter of Service provision, and owing to technical or organisational changes in respect of the services being rendered by the Seller.
The Terms & Conditions will be amended by publishing its new wording on the Store’s website.
The amendments to the Terms & Condition shall not apply to Sale Agreements made prior to the amendment date.
The information about the amendment to the Terms & Conditions shall be published on the Store's website three days before the new wording of the Terms & Conditions enters into force.
The Seller shall send information about the amendment to the Terms & Conditions by electronic means if given parties are bound by an agreement made for an indefinite term.

§15. Final provisions

The terms in capital letters shall have the meaning in accordance with the explanations set out in the part describing the definitions applicable to these Terms & Conditions.
The Seller shall not be held liable for:
1. breaks in the proper functioning of the Store and undue provision of Services caused by a Force Majeure event, in respect of Customers who are not Consumers,
2. breaks in the proper functioning of the Store and undue provision of Services to Customers who are not Consumers, caused by technical operations or for reasons attributable to entities through which the Seller provides services,
3. benefits lost by Customers who are not Consumers.
If it is not possible to amicably resolve a dispute between the Seller and a Customer who is not a Consumer or a Consumer who does not reside in the territory of the Republic of Poland, where the provisions of the domestic law of his/her state allow such possibility, the matter shall be settled by a court with jurisdiction over the Seller’s registered office.
In respect of Customers who are not Consumers or Consumers who do not reside in the territory of the Republic of Poland, where the provisions of domestic laws of his/her state allow such possibility, the performance of agreements made with the Seller and the settlement of related disputes shall be governed by the laws of the Republic of Poland.
The provisions of the Terms & Conditions are not aimed at restricting the rights vested in Customers who are Consumers, arising from the provisions

of local generally applicable laws. The Consumer may not waive such rights.

In respect of the agreements made with the Seller, in the event of any inconsistencies of the Terms & Conditions with generally applicable laws in the Consumer's country, the generally applicable laws in the Consumer's country shall prevail.
If any provisions of the Terms & Conditions prove to be invalid or ineffective, the validity and legal effect of the other provisions of the Terms & Conditions will not be affected. Such invalid or ineffective provisions shall be replaced by a legal norm equivalent to the arrangements that the parties have made or the arrangements that the parties would make if a given provision was included in the Terms & Condition.

§16. Definitions applied in the Terms & Conditions

Customer means a natural person, a legal person or an organisational unit without a legal personality to which the provisions of generally applicable laws provide legal capacity, entering into a Service agreement with the Seller.

Customer Account means a panel enabling the Customer to manage orders via the Store, subject to registration and sign in.

Consumer means a Customer who is a natural person and enters into an agreement for purposes that are not directly related to the economic or professional activities that he/she pursues.

Basket means a Store's functionality allowing the completion of orders for Products by the Customers.

Parcel Locker means an automatic post locker or terminal to collect parcels with Products.

Entrepreneur with Consumer Rights means a Customer being an entrepreneur ordering Products related to their business activities but not directly having any professional nature in respect of such entrepreneur, in accordance with the applicable laws, in particular arising from the objects of economic activities pursuant to the laws governing the Central Register and Information on Economic Activity, in accordance with the applicable legal provisions.

Carrier means an entity providing Product delivery services in collaboration with the Seller.

Terms & Conditions mean these contractual conditions the subject-matter of which is the provision of online Services by the Seller to the Customers

via the Store.

Store means a store managed by the Seller via its website available at naturo.org.pl

Seller means Naturo Sp. z o.o. with its registered office in Elizówka (21-003), at ul. Szafranowa 6/Hall H1, entered in the Enterprise Register of the National Court Register (KRS) under No. 0000462546, NIP (Tax ID No.): 7123278825 and REGON (National Business Registry Number): 061556075, being the service provider, the administrator, and the owner of the Store. You may contact the Seller by phone: + 48 517949977 and by e-mail: sklepnaturo@naturo.org.pl.

Sale means a Product sale service rendered by the Seller to the Customer, the subject-matter of such service being the Seller’s undertaking to transfer the ownership of the Products to the Seller and release them, and the Customer’s undertaking to collect the Products and pay the set price to the Seller. Product means an item displayed in the Store area by the Seller for Sale purposes.

Service means a service provided by the Seller to the Customer under an agreement made between the parties via the Store. The agreements are made as part of an organised system for making distance agreements without the simultaneous physical presence of the parties.

INFORMATION ABOUT THE EXERCISE OF THE RIGHT

TO WITHDRAW FROM THE AGREEMENT

INSTRUCTION ON THE WITHDRAWAL FROM THE AGREEMENT

The provisions set out in this Instruction concerning Consumer’s right to withdraw from the agreement shall apply to natural persons who enter into an agreement that is directly related to their business activities but, based on the contents of such agreement, it does not have any professional nature to the Consumer, arising in particular from the objects of their business activities, disclosed under the provisions of laws governing the Central Register and Information on Economic Activity.

You may withdraw from an agreement made at our Store within 14 days without the obligation to state any reasons, subject to circumstances listed in the section entitled “Exclusion of the right to withdraw from the agreement”. The time limit for withdrawing from the agreement shall expire 14 days after:

the date of taking possession of the Products by the consumer or a third party indicated by the consumer, other than a carrier - for agreements under which and entrepreneur releases the Products being obliged to transfer their ownership, whereas for agreements which
1. include multiple items that are delivered separately, in batches or in parts - after taking possession of the last Product, batch of Products or part thereof,
2. involve regular delivery of Products for a fixed term - after taking possession of the first Product,
the date on which you take possession of the items or a third party that you have indicated, other than the carrier, takes possession of the items - for agreements obliging the transfer of ownership of the items (e.g. sale agreements, supply agreements, or agreements for a specific task involving movable property),
the date on which the agreement is made - for service agreements.

To meet the deadline for withdrawal from the agreement, it is enough that you send a notice on the exercise of the right to withdraw from the agreement you have been vested in before the time limit for the withdrawal expires.

To exercise the right from the agreement, you must notify us: Naturo Sp. z o.o., ul. Szafranowa 6/Hala H1, 21-003 Elizówka, e- mail: sklepnaturo@naturo.org.pl, about your decision to withdraw from the agreement by way of an explicit statement (for example, a letter sent by post or e-mail).

Withdrawing from the agreement, you may use a template of our withdrawal notice form; however, it is not mandatory. The form template is attached to the Terms & Conditions for Providing Online Services as part of the Store.

THE EFFECTS OF WITHDRAWING FROM THE AGREEMENT

Upon the withdrawal from the Agreement, we refund all the payments we have received from you, including item delivery costs (except additional costs arising from the delivery method you have selected which is other than the cheapest standard delivery methods we offer), without undue delay, yet in no event later than 14 days of the date on which you notify us of your decision to exercise the right to withdraw from the agreement.

We will make the refund using the same payment method as the one you have selected for the original transaction, unless you expressly consent to another solution; in no event will you bear any additional costs in relation to the refund. We may withhold the refund of payments until we receive the items concerned or until you deliver proof of sending back the items, whichever is earlier.

If you have received items in relation to the agreement, send them back or hand them over to Naturo sp. z o.o, ul. Szafranowa 6/Hala H1, 21-003 Elizówka, without undue delay, yet in no event later than 14 days of the date on which you notify us of your decision to exercise the right to withdraw from the agreement. The deadline is deemed met if you send the items within the time limit of 14 days.

Note that you will bear any direct costs of returning the items. The maximum amount of the costs is estimated at approximately PLN 25.00.

You will only be liable for any diminished value of the items resulting from the handling of the items other than what is necessary to establish the nature, characteristics and functioning of the items.

EXCLUSION OF RIGHT TO WITHDRAW FROM THE AGREEMENT

The consumer is not be entitled to the right to withdraw from distance or off-premises agreements in respect of agreements:

where the subject-matter of service includes goods which are liable to deteriorate or expire rapidly;
where the subject-matter of service includes sealed goods which are not suitable for return due to health protection and were unsealed after delivery,
where the subject-matter of service includes goods which are, after delivery, according to their nature, inseparably mixed with other items.

TEMPLATE OF WITHDRAWAL NOTICE FORM

(Fill in and send back the form only in the event of the wish to withdraw from the agreement).

Addressee: Naturo Sp. z o.o., ul. Szafranowa 6/Hala H1, 21-003 Elizówka | sklepnaturo@naturo.org.pl

I/We(*) hereby inform you that I/we(*) wish to withdraw from the agreement for the sale of the following items(*)/ the provision of the following

service(*):

Payment refund method:

Date of entry into agreement(*)/ product collection(*):

First name and surname:

Address:

Signature:

(only if the form is sent in hard copy)

Date:

(*) Strike out as appropriate.

COMPLAINT FORM

(You may fill in and send back the form in the event of the wish to file a complaint).

Addressee: Naturo Sp. z o.o., ul. Szafranowa 6/Hala H1, 21-003 Elizówka,

Customer's first name and surname or business name:

Customer's address:

Customer's phone number:

Customer's e-mail address:

Order number:

My contact details to provide a reply to my complaint and deal with related correspondence are as follows:

Postal address:
E-mail address:

This complaint refers to:

PKD No. ___________________ Description: ______________________________________

Signature of person submitting the complaint:

(only if the form is sent in hard copy)