Store Regulations

REGULATIONS
Online Store www.czasnaherbate.net
PROGRESSIVE Ltd.

TERMS AND CONDITIONS OF THE ONLINE STORE

These terms and conditions set out the rules for making purchases in the online store operated by the Seller at www.czasnaherbate.net.

    The Seller is PROGRESSIVE Sp. z o.o. with its registered office in Wrocław, ul. Sosnowiecka 5, NIP 8992984184, REGON 527610437 referred to as the "Store".

       The Store can be contacted at the telephone numbers of the Consumer Hotline: 661 886 969, the cost of the call according to the operator's tariff, or using the email address: biuro@czasnaherbate.net

§ 1

Definitions

1. Regulations - these rules and regulations. With regard to services provided electronically, the Regulations are the rules and regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. Customer - a natural person, legal entity or organizational unit without legal personality, but having the capacity to perform legal acts, who, under the terms of these Regulations, makes an Order in the Online Store.
3. Consumer - a customer who is a natural person using the Online Store for the purpose not directly related to his/her business or professional activity.
4. Object of transaction - Goods listed and described on the website of the Online Store.
5. Goods - a movable thing offered by the Online Store, to which the Sales Agreement applies.
6. Sales Contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Store and the Customer, using the Store's website.
7. Online Store (Store) - Internet service available at www.czasnaherbate.net through which the Customer may place an Order.
8. Order - a declaration of will of the Customer specifying unambiguously the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.
9. Information and communication system - a set of cooperating information technology equipment and software, providing processing and storage, as well as sending and receiving data via telecommunications networks by means of a terminal device appropriate for the type of network.
10. Omnibus Directive - Directive 2019/2161 of the European Parliament and of the Council (EU) of November 27, 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council with regard to better enforcement and modernization of EU consumer protection rules.
    

§ 2

General principles

1. These Regulations set out the rules for the use of the online store available at www.czasnaherbate.net
2. It is a condition for the Customer to place an Order in the Online Store that he/she reads these Regulations and accepts their provisions at the time of Order processing.
3. The online store conducts retail sales via the Internet.
4. All Goods offered in the Online Store are brand new, originally packaged, free from physical and legal defects, and have been legally introduced into the Polish market.
5. As part of the technical requirements necessary for cooperation with the information and communication system used by the Store to make purchases, the Customer should have an active electronic mail(e-mail) account and a device connected to the Internet.
6. The customer is obliged not to provide content that is prohibited by law, such as content that promotes violence, defamatory content or content that violates the personal rights and other rights of third parties.

§ 3

Placing orders

1. All prices shown on the Store's website are gross prices in Polish zloty. The listed prices do not include shipping costs.
2. Product prices are quoted taking into account the rules set forth in the Omnibus Directive.
3. Orders are accepted through the website.
4. Orders can be placed 24 hours a day, 7 days a week throughout the year.
5. The order is effective if the Customer correctly fills out the order form and correctly provides contact information including the exact address to which the Goods are to be shipped and the telephone number and e-mail address.
6. In case the provided data is not complete, the Seller will contact the Customer. If contact with the Customer is not possible, the Seller has the right to cancel the Order.
7. The Customer, in the process of placing an order, may wish to receive a fiscal receipt or a VAT invoice, which may be attached to the shipment being sent or sent electronically, to the e-mail address indicated, in the form of an electronic image of settlement documents, in particular such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. This consent also authorizes the Seller to issue and send VAT invoices in electronic form, in accordance with the Decree of the Minister of Finance of December 20, 2012 on sending invoices in electronic form, the rules of their storage and the mode of making them available to the tax authority or tax inspection authority.
8. In the course of placing an Order, the Customer may consent to the inclusion of personal data in the database of the Seller's Online Store for processing in connection with the execution of the Order. If consent is given, the Customer has the right to inspect his/her data, correct it and request its deletion.
9. The Customer may use the option of remembering his data by the system to facilitate the process of placing another Order. For this purpose, the Customer should provide the login and password necessary to access his account. The Customer's login is the e-mail address provided by the Customer. The password is a string of characters set by the Customer. The Customer's password is not known to the Seller and the Customer is obliged to keep it secret and protect it from unauthorized access by third parties.
10. Once the customer has placed a successful order, he will receive an automatic response from the store confirming receipt of the order.
11. The time for the start of order processing coincides with the moment the payment is received in the bank account specified in the order confirmation in the case of payment by bank transfer and payment system (Paypal, Przelewy24.pl) or with the moment the order is completed in the case of payment by card or selection of the "cash on delivery" option.
12. The operator of the payment cards is PayPro SA Agent Rozliczeniowy, 8 Pastelowa Street, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

§ 4

Cost and date of shipment

1. Goods are shipped to the address indicated on the order form or provided by phone or email. The store will inform the customer immediately if the order form is incorrectly filled out, which prevents or may delay the shipment.
2. Goods are delivered by specialized courier companies or through the Polish Post Office.
3. The shipment is delivered in accordance with the time specified next to each Item on the service pages. When choosing the payment option "transfer" or "payment by card or transfer "online", the time given on the pages of the site should be added to the time of crediting the funds to the store's bank account (usually 3-5 working days).
4. The customer is charged with delivery (shipping) costs specified in the price list of transportation. Shipping costs are fixed regardless of the quantity ordered.

§ 5

Payments

1. For each product sold, the Store issues a receipt or a named proof of purchase (invoice).
2. Payment for the ordered goods can be made via electronic payment system (Przelewy24.pl, Paypal) or by bank transfer to the store's bank account.

§ 5 A

Rules applicable to the use of codes and discount vouchers.

1. Codes and discount vouchers resulting from the application of individual discounts in the form of the Loyalty Card, Gold Card, My Benefit vouchers or other codes, are applicable to the purchase of products (goods) and do not affect the cost of service (order shipment).
2. Discount codes and vouchers resulting from the application of individual discounts in the form of Regular Customer Card, Gold Card, My Benefit vouchers or other similar codes are not subject to aggregation (combination) with another discount code. Only one discount code is applicable.
3. Products that are at a promotional price available to all customers are not subject to additional discounts resulting from the application of individual discounts in the form of a Loyalty Card or other similar codes. 

§ 6

Withdrawal from the contract

1. A consumer who has entered into a remote contract has the right to withdraw from the contract without giving any reason by making a statement to that effect in writing within 14 days (legal basis: "Articles 27, 28, 29, 31, 37 and 38 of the Law on Consumer Rights. This period is a deadline and is calculated from the date of delivery of the item, and when the contract concerns the provision of a service - from the date of its conclusion. To meet this deadline it is sufficient to send a statement before its expiration to the address of the Store.
2. In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management.
3. The return should be made immediately, no later than within 14 days. The purchased goods should be returned to the address of the Store. The cost of return is paid by the Buyer.
4. Within 14 days from the date of receipt of the declaration of withdrawal from the Consumer, we will return to the Consumer all payments made by the Consumer, in accordance with Article 32 of the Law on Consumer Rights.

§ 7

Complaint procedure

1. Complaints should be submitted to the address of the Store - PROGRESSIVE, Sosnowiecka 5, 52-008 Wrocław, or by email: reklamacje@herbata.net
2. When submitting a claim, the advertised product must be delivered to the Store along with the proof of purchase and a completed claim form, available at: complaint
3. The Store will consider the complaint within 14 days from the date of submission via letter or email. If the complaint is considered in favor of the Customer, the Store will replace the advertised Goods with new, full-value ones or refund the value of the purchased goods.
4. The customer loses the rights specified in paragraph. 3 of this paragraph if, before the expiration of two months from the discovery of non-conformity of the goods with the contract, he does not notify the store of this fact. To meet the deadline it is sufficient to send the notice via email before its expiration.

§ 8

Privacy policy and data protection

1. The administrator of the databases of personal data provided by customers of the Online Store in connection with purchases is the Store.
2. Personal data is used for the implementation of sales contracts, and therefore may be transferred to entities responsible for the delivery of purchased goods to the customer. The customer has the right to access the content of his data and to correct them. The data are provided voluntarily.
3. Information on methods and technical means for detecting and correcting errors in data entry:
   1. During the process of placing an Order, until the "Place Order" button is pressed, Customers who have an account in the Online Store have the possibility of self-correcting the entered data by editing their account profile.
   2. Verification of data or correction of the Order can also be made by sending an e-mail to the Store at the following address biuro@czasnaherbate.net
   3. The customer has the ability to change the data entered when creating the Account at any time within the options provided.
4. Information about the rules and methods of recording, securing and making available by the Store to the other party the content of the concluded contract:
   1. Recording, securing and providing access to the content of the concluded agreement takes place by sending an appropriate e-mail message after the conclusion of the Sales Agreement. Recording, securing and making available the content of the concluded Sales Agreement takes place by sending the content of the concluded agreement to the Customer at the provided e-mail address or by providing the Customer with the Order specification and proof of purchase. The content of the concluded contract is additionally recorded and secured in the Store's data communications system.
      

§ 9

Out-of-court ways of dealing with complaints and claims

1. Detailed information on the consumer's ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
   • https://www.uokik.gov.pl/spory_konsumenckie.php
   • https://www.uokik.gov.pl/sprawy_indywidualne.php
   • https://www.uokik.gov.pl/wazne_adresy.php

2. The consumer has the following examples of out-of-court means of complaint handling and redress:
   
   • A consumer is entitled to apply to a permanent amicable consumer court, as referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement concluded with the Seller
   • The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
   • A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§ 10

Online store reviews

1. A customer of the Online Store has the opportunity to voluntarily and free of charge give an opinion on purchases made in the Online Store. The subject of the opinion can also be an assessment, a photo or a review of the purchased product in the Online Store.
2. The Seller, after the purchases made in the Online Store, provides the data necessary to create an email invitation to the company that handles the survey process.Sending surveys and the process of collecting opinions in the forms is fully handled by the company TrustMate SA with its registered office Bartoszowicka 3, 51-641 Wroclaw. TrustMate SA sends an email to the customer with a request to give an opinion and a link to an online form for giving an opinion.The online form allows you to answer the Seller's questions about your purchase, evaluate it, add your own description about the opinion and a photo of the purchased product. If no feedback is provided after receiving the first invitation to provide feedback, TrustMate may resend the invitation.
3. An opinion can only be given by a customer who has made purchases from the Seller's Online Store.
4. The reviews submitted by the Customer are published by the Seller on the Online Store and the TrustMate.io business card.
5. Issuing an opinion may not be used by the Client for unlawful activities, in particular, for actions constituting an act of unfair competition against the Seller, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties.
6. An opinion can be issued only for the actual products purchased from the Seller's Online Store. It is prohibited to conclude fictitious/apparent sales contracts for the purpose of issuing an opinion. Also, the author of the opinion cannot be the Seller himself or his employees regardless of the basis of employment.
7. The issued opinion can be removed by its author at any time.

§ 11

Amendment of the Regulations

1. Customers with an account in the Store will be informed of the change in the Terms and Conditions via email correspondence.
2. If during the time that has passed since the last login there has been a change in the Rules of the Store, the Customer accepts or not its provisions after the changes. If you do not accept the terms of the Terms and Conditions, especially after its changes, shopping in the Online Store is not possible.
3. A customer who does not accept the changes introduced in the Regulations is entitled to delete his account at any time.
4. Orders placed by customers prior to the effective date of the amendments to the Regulations will be processed in accordance with the previous provisions of the Regulations.

§ 12

Final provisions

1. Matters not covered by these Regulations shall be governed by the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended), the Act of April 23, 1964. - Civil Code (Journal of Laws 1964 no. 16 item 93 as amended), Act of August 29, 1997 on Personal Data Protection (i.e. November 25, 2015(Journal of Laws 2015 item 2135).
2. Disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Store and Customers will be considered by the Court of competent jurisdiction in accordance with the provisions of the Act of 17.11.1964 Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).

Date of publication of regulations: 01.02.2024 r.

Download:

• complaint
• withdrawal
• regulations