The following Regulations define the general terms of sale applicable in our online store available at www.filarzdrowia.pl, run by HF Łukasz Pędzich, Boryny 46/8, Szczecin 70-017, VAT number: 9552454933, REGON: 369438986. The business activity is registered in the Central Business Activity Records and Information (CEIDG), kept by the minister responsible for economy.
§1 Scope of application of the Regulations
- The Regulations apply to all orders placed by Consumers and Entrepreneurs via our online store. Pursuant to art. 22 of the Civil Code, a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
- The entrepreneur is, in accordance with Art. 43 of the Civil Code, a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
- Other or supplementary Regulations and General Commercial Terms and Conditions used by Entrepreneurs do not apply, they will become part of the contract only if we give express, written consent to it.
§2 Conclusion of the contract
- The sales contract is concluded with HF Łukasz Pędzich, VAT number: 9552454933, Boryny 46/8, 70-017, Szczecin.
- The presentation of products in our online store is an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. In order to make an offer to purchase products, an order must be placed. Using the mechanisms available in our store, you can add products of your choice to the shopping cart and place a purchase offer. The shopping cart and the data entered in the forms can be modified before placing the order, using the available functionalities and messages that appear during the ordering process. By clicking the button confirming and finalizing the order on the order summary page, you place an order for the products in the basket.
- After placing your order, you will receive an automatically generated e-mail confirming your order registration. This message is not tantamount to a declaration of acceptance of your offer and conclusion of a sales contract. The sales contract is concluded after verifying whether the order can be accepted for execution and acceptance of your offer, which takes place via a separate e-mail message with information about the approval of the order for execution. Upon receipt of such a declaration by you, a sales contract is concluded.
§3 Language and rules for consolidating the contract
- The sales contract can be concluded in Polish
- We keep the content of the contract and send you the order data and our Regulations by e-mail. You can also check information about your orders via your customer account. The regulations are also available on the website of our online store in a way that allows you to obtain, reproduce and save content.
§4 Delivery of products
- In some cases, shipping costs must be added to the given product prices. The ordered products are delivered via courier companies cooperating with us. Detailed information on possible methods and dates of delivery as well as shipping costs are presented when placing the order and in a special information tab on our store's website.
- In principle, it is possible to collect the products in person at the following address: FilarZdrowia.pl, Mieszka I 80, 71-011 Szczecin, from 8:00 to 17:00 on weekdays
- The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
- The Customer may place orders in the Online Store via the Store's Website or e-mail 7 days a week, 24 hours a day.
- The Customer may place orders in the Online Store via telephone or through additional forms of electronic contact with the Seller (e-mail, chat), at the times and days indicated on the Store's Website.
- The Customer placing an order via the Shop Website completes the order by selecting the Good or the Good and the Additional Service in which he is interested and adds it to the "CART". After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order using the available order form, then selects the "Buy and pay" button on the Store's Website. Each time before placing an order, the Customer is informed about the Seller's data, about the total price for the selected Goods and Delivery, or Goods, Additional Service (including the method of implementation) and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Agreement sale.
- In special cases, the number of Goods purchased by the Customer may be limited, of which the Customer is always informed when placing the order.
- The customer placing an order via e-mail sends it to the e-mail address provided by the Service Provider on the Shop Website. In the message sent to the Service Provider, the Customer provides in particular: the name of the Goods, the color and the number of items from among the Goods presented on the Store Website.
- After receiving from the Customer by e-mail the message referred to in § 4 para. 7 of the Regulations, the Service Provider sends the Customer a return message via e-mail, providing the Seller's details, the price of selected Goods, possible forms of payment and the method of Delivery together with its cost and the cost of the Additional Service, if selected by the Customer, as well as information on all additional payments that The customer would incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Service Provider, the Customer may place an order by sending an e-mail to the Service Provider and indicating the selected form of payment and the method of Delivery.
- Placing an order referred to in § 4 sec. 3-4 and § 4 sec. 8 of the Regulations, is the Customer's submission to the Seller of an offer to conclude a Sales Agreement for the Goods being the subject of the order.
- After placing the order, the Seller sends to the e-mail address provided by the Customer confirmation of receipt of the order, which confirmation does not yet constitute acceptance of the Customer's offer and therefore the Sales Agreement is not concluded. After verifying the possibility of completing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer, which is the Seller's declaration of acceptance of the offer referred to in § 4 para. 9 of the Regulations and upon its receipt by the Customer, a Sales Agreement is concluded.
- The customer placing an order via telephone uses the telephone number provided by the Service Provider on the Store's Website. When placing an order by phone, the Customer provides the Service Provider with the name of the Goods from among the Goods available on the Store Website and the number of Goods he wants to order. The Customer may also order an Additional Service. Then, after completing the entire order, the Customer specifies the method and address of the Delivery and the form of payment, and also indicates, according to his choice, his e-mail address or correspondence address in order to receive order confirmation. Each time the Customer places an order by phone, the Customer is informed about the Seller's details, the total price of the selected Good or the Good and the Additional Service (including the method of implementation), the total cost of the selected method of Delivery, as well as all additional costs that he is obliged to incur in in connection with the Sales Agreement.
- Placing an order in accordance with § 4 para. 11 of the Regulations takes place in real time, i.e. during a telephone connection. At this moment, the Sales Agreement is concluded.
- When placing an order using the chat, the Customer provides the Service Provider with the name of the Good from among the Goods available on the Shop Website and the number of Goods he wants to order. The Customer may also order an Additional Service. Then, after completing the entire order, the Customer specifies the method and address of the Delivery and the form of payment, and also indicates, according to his choice, his e-mail address or correspondence address in order to receive order confirmation. Each time the Customer places an order using the chat, the Customer is informed about the Seller's data, the total price of the selected Good or the Good and the Additional Service (including the method of implementation), the total cost of the selected method of Delivery, as well as all additional costs that he is obliged to incur. in connection with the Sales Agreement.
- Placing an order in accordance with § 4 para. 13 of the Regulations takes place in real time, i.e. when using the chat. At this moment, the Sales Agreement is concluded.
- After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or ordering.
- The customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within:
- up to 7 Business Days, if he chose the form of prepayment by ordinary (traditional) bank transfer;
- up to 3 Business Days, if he chose the form of prepayment by credit card or bank transfer through an external fast payment system.
- The following payment methods are available for you in our online store:
- Electronic payments (e-payments) via the internet payment service.
- Cash on delivery upon delivery.
- Detailed information on possible methods of payment, including online payment services integrated with our store and available types of e-payments as well as any additional costs, are presented when placing the order and on our store's website in a special information tab on payment methods.
§7 Right to withdraw from the contract
- The consumer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law. Withdrawal from the contract and returning the goods that are bulky may be associated with higher costs than ordinary mail. If you want to use the services of courier companies, it will be necessary to send a parcel on a pallet, which is more expensive than ordinary mail.
- The deadline to withdraw from a distance contract is 30 days from the date of delivery of the item, and it is enough to send a statement before its expiry to meet the deadline. The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract. In the event of withdrawal from the contract, the contract is considered void.
- The consumer is obliged to return the item to the Seller immediately, but not later than 30 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- The consumer sends back the items that are the subject of the contract from which he withdrew at his own expense and risk.
- The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur does not has provided confirmation in accordance with Art. 15 sec. 1 and art. 21 paragraph 1. Consumer law.
- The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The Seller shall immediately, not later than within 30 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
- The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different payment method, which does not involve any costs for him.
- The Seller may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.
- Pursuant to Article 38 of the Consumer Law, the consumer is not entitled to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
§ 8 Return conditions
Limitation of the right of withdrawal The right to withdraw from the contract without giving a reason is not entitled to the consumer if the buyer has opened the sealed packaging of the goods, which cannot be returned after opening due to health protection or hygiene reasons referred to in Art. 38 of the Consumer Law.
- Within 30 days of receipt of the purchased item or - in the case of services - conclusion of the contract, the Buyer (consumer) may withdraw from the contract without giving any reason. In this case, the Seller will return all payments received from the Buyer. To withdraw from the contract concluded by the store, you must submit an appropriate declaration of will to the Seller by writing to the e-mail address: firstname.lastname@example.org
- In accordance with the law, withdrawing from the contract of sale is liable for reducing the value of the purchased product, if he used it in a way that went beyond what is necessary to establish its nature, characteristics and functioning. In this case, we will refund the amount of the refund for the product purchased by you, reduced accordingly. Also remember that, according to consumer law, some products are not covered by the right to withdraw from the contract without giving a reason (possibility of return). This includes, but is not limited to, the following products: - products delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery, e.g. vaporizers, toothbrushes, epilators, shavers.
What goods cannot be returned?
- sealed goods that are not suitable for return for reasons of health protection or
for hygiene reasons, the packaging of which was opened after delivery (e.g. medicinal goods, supplements, wet wipes, used toothbrushes)
§9 Complaint conditions
- The seller is obliged to deliver the goods free from defects.
- The goods are delivered by a courier company in the original, unopened packaging, along with full documentation, i.e. proof of purchase and warranty card. The products offered in the Seller's store have a manufacturer's warranty card and a user manual.
- In the event of non-compliance of the delivered Goods with the placed order, the Consumer should refuse to accept the unsolicited Goods and immediately notify the Online Store staff about it.
- The customer has the right to submit a complaint both regarding the performance of the sales contract and the performance of the contract for the provision of electronic services. In the event of a defect in the sold item, the Seller bears the responsibility specified in particular in the provisions of art. 556 and 556.1-556.3 of the Civil Code.
A complaint should be submitted on a legibly completed form containing:
- first name and last name
- order number
- description of the defect of the Goods (damage report)
- date of purchase
- photos of damaged goods
- Complaints can be submitted
- The response to the submitted request will be given within 14 days.
- The Seller is not the guarantor of the Goods. If the manufacturer grants a quality guarantee covering the Goods (Guarantee), its conditions are made available next to the Goods. The rights under the Guarantee should be exercised in accordance with the conditions set out in the guarantee document attached to the Goods.
- Upon receipt of the Product, the Consumer should unpack it (without destroying the packaging or polystyrene profiles) in order to check that the product has no mechanical damage (scratches, dents, etc.). In the event of any discrepancies, prepare a Damage Protocol together with the person delivering the package and contact the Seller immediately.
- The return of the Goods as a result of the exercise of the right to complaint is at the expense of the Seller. In the event of mechanical damage (scratches, dents, etc.) occurring after the release of the Goods, the Seller shall not be liable.
§10 Damage caused during transport
Concerns Consumers: In the case of distance consumer purchase, our store always bears the risk of accidental damage or loss of items in transit. If the ordered products are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or making contact does not have any consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects described in the section below. However, faster reporting helps us in pursuing our claims against the carrier or transport insurer.
§11 Warranty, guarantees and liability of the seller
Concerns Consumers: We are obliged to deliver products (items) free from defects. The statutory liability law for defects in the sold item (the so-called warranty for defects) applies to the extent specified in Art. 556 and subsequent of the Civil Code. We are responsible under the warranty if a physical defect is found within two years from the date of delivery of the item to you. In the event that the subject of sale is a used movable item, the liability under the warranty is one year from the date of its release.
- Complaints may be submitted:
- via e-mail to the following address: email@example.com
- in writing to the following address: HF Łukasz Pędzich, Mieszka I 80, 71-011 Szczecin
- via the complaint form available at address
- In the case of exercising the rights under the warranty - if we deem it necessary to consider the complaint, you are obliged to deliver the defective item at our expense to the above-mentioned postal address. If, due to the type of item or the method of installation, its delivery would be excessively difficult, you are obliged to provide us with the item in the place where it is located.
- Information on any additional warranty and its detailed conditions are always attached to the product and available on the information pages of the online store.
Applies to Entrepreneurs (except for natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for these persons within the meaning of Article 556 (4) of the Civil Code - so-called "entrepreneurs-consumers"):
- warranty rights are lost if you have not examined the goods in time and in the manner accepted for items of this type and have not immediately notified us of the defect, and if the defect came to light only later - if you did not notify us immediately after its discovery.
- In the absence of notification of a defect, the goods are deemed to have been accepted. Complaints can be submitted electronically and in writing to the address indicated above. We are liable only for typical damages foreseeable at the time of concluding the contract and their normal consequences, we are not liable for lost profits.
- In relation to entrepreneurs (with the exception of the so-called "consumer entrepreneurs"), our liability, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims jointly - to the amount of the price paid and delivery costs for the sales contract concluded with us.
- Our customer service is at your disposal: 8:00 am - 16:00 pm on weekdays
§12 Services provided electronically
- We take all necessary steps to ensure that the website and interface of our online store are fully operational to the extent that it results from the current technical knowledge and we undertake to remove all irregularities and technical problems reported by users within a reasonable time. The above also applies to the option to subscribe to the newsletter or the optional option to set up a customer account - if these services are provided as part of our store. You can notify us about any detected irregularities or interruptions in the functioning of the website and services of our online store via the contact details indicated in the above point. In a complaint regarding irregularities related to the technical functioning of the online store website, please indicate the type and date of occurrence of the irregularity.
§13 Code of Good Practice
We have voluntarily complied with the "Trusted Shops Quality Criteria" available under this link.
§14 Out-of-court settlement of disputes
- Please be advised that Consumers have the option of an extrajudicial method of dealing with complaints and redress. Information on how to access the above-mentioned mode and procedures for settling disputes can be found at the following address: www.uokik.gov.pl in the bookmark "Amicable settlement of consumer disputes".
- In addition, at: http://ec.europa.eu/consumers/odr Consumers have access to an online platform for resolving consumer disputes (the so-called ODR platform). The ODR platform is a multilingual, interactive website for servicing Consumers and entrepreneurs seeking out-of-court settlement of disputes arising from a distance sales contract or contract for the provision of services.
- Using the above-mentioned out-of-court redress and dispute resolution is voluntary and may only take place if both parties to the dispute (the consumer and the seller) agree to it.
§15 Collecting opinions
- Opinions are subjective statements of Customers about the Products. To issue an opinion, it is not necessary to purchase or use the Product, and the FilarZdrowia.pl website does not verify whether the published opinions come from customers who have used or purchased a given Product. Customers are responsible for the content of their reviews.
- An opinion can only be issued by a Customer who accepts the Regulations. The opinion has a graphic part (the rating is given in stars) and a verbal part. Each opinion is marked (signed) with a nickname set by the Customer. If the Customer has not set a Nickname, he will be asked to choose it in order to leave an opinion. Opinions added by the Customer in accordance with the Regulations will not be removed. The customer is not able to edit or delete the issued opinion.
- Opinions are visible to all customers visiting the Website. The number of stars visible next to the Product is the arithmetic average of all published opinions for a given Product. The order of reviews is displayed according to the date they were issued (from newest to oldest). The Customer of the Website has the option of sorting opinions by the date of posting (descending, ascending) or according to the usefulness of the opinion. Reviews are not deleted due to the passage of time. Each customer can confirm the usefulness of the opinion by clicking the appropriate button.
- To add an opinion, the Customer must accept the Regulations and complete the form available next to the Product.
Completing the following form fields is required to post an opinion:
- "Your rating" (graphic form of opinion) - select stars (on a scale from 1 to 5),
- "Your opinion" (descriptive form of the opinion - minimum 2 characters) - the opinion should concern the characteristics, experiences related to the use or functionality of the Product, possible suggestions for its improvement),
- Your “Name” (Customer Nickname)
- Your "Email" (email address)
- The staff of the FilarZdrowia.pl website reserves the right to remove or block the issuance of an opinion not related to the Product or inconsistent with the Regulations in the following cases:
- the opinion is not an opinion about the Product,
- the opinion concerns people, contains contact or personal data,
- the subject of the opinion is another opinion or the opinion is a copy of another opinion,
- the opinion contains a question, concerns FilarZdrowia.pl or its staff, the Website, orders, the store or complaints (in such cases, we encourage you to contact us via the e-mail address firstname.lastname@example.org, and in the case of a defect in the goods, in the manner specified in chapter §9 of the Regulations ),
- the opinion is unreal, false, multiple (issued by the same person in relation to the same Product),
- contains links to blogs and commercial websites, as well as advertisements or sales offers,
- contains illegal, racist, xenophobic, offensive, abusive, vulgar, pornographic content.
- After entering the opinion by the Customer, it is subject to automatic (IT algorithms) or mechanical (authorized staff of the FilarZdrowia.pl website) analysis in terms of compliance of the content of the opinion with the provisions of the Regulations (moderation).
- Moderation may delay the publication of a review for up to two business days. The Customer will be informed about the removal or blocking of the opinion by available means of communication. The customer may file a complaint against such a decision or in any other matter regarding the Regulations on the terms described in point IV.10 of the Regulations.
§16 Final provisions
- None of the provisions of these Regulations is intended to violate the statutory rights of the Consumer. In the event of any conflict of the provisions of these Regulations with the rights of Consumers resulting from generally applicable provisions - the statutory regulations will always be applied in place of the challenged provisions of the Regulations.
- If you are an Entrepreneur, then Polish law applies to all contracts concluded with us, excluding the United Nations Convention on Contracts for the International Sale of Goods.