Regulations

Swisspharma-Herbal online store terms and conditions

Specifying rules for the conclusion of sales contracts through a store, containing the most important information about the Seller, the store and the consumer’s rights.

Contents

§ 1 Definitions

§ 2 Contacting the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order fulfilment

§ 7 Right of withdrawal

§ 8 Exceptions to the right of withdrawal

§ 9 Complaints

§ 10 Personal data

§ 11 Reservations

Annex 1: Model withdrawal form

§ 1 DEFINITIONS

Working days –from Monday to Friday except public holidays.

Account – regulated by separate terms and conditions free store function (service provided by electronic means), thanks to which the Buyer can set up his individual Account in the Store.

Consumer – Consumer within the meaning of the provisions of the Civil Code.

Buyer – every buyer in the Store.

Terms and Conditions – These Terms and Conditions.

Shop – Swisspharma-Herbal online store run by the Seller at https://swisspharma-herbal.com.

Seller – SWISSPHARMA POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at Aleje Jerozolimskie 155/U3, 02-326 Warsaw, entered in the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR M.ST. WARSAW IN WARSAW,XII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS no. 0000712864, NIP 7010795921, REGON No. 36921743000000, share capital 5000.00 PLN .

§ 2 CONTACT WITH THE SELLER

1. Postal address: Aleje Jerzolimskie 155/U3, 02-326 Warsaw

2. Email address: info@swisspharma.pl

3. Phone: 605202030

4. Address for return of goods (in case of withdrawal): Aleja Bohaterów Września 3/8, 02-389 Warsaw.

5. Address to send advertised goods: Aleja Bohaterów Września 3/8 02-389 Warsaw.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:

◦ Internet access device

◦ JavaScript web browser and cookies.

2. For the placing of an order in the Store, in addition to the requirements set out in paragraph 1, the customer shall, in accordance with the procedure laid down in Article 11, take the right responsibility that an active email account is required.

§ 4 SHOPPING IN THE STORE

1. The prices of the goods shown in the Store are total prices for goods, including VAT.

2. The Seller shall point out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods in a given case.

3. Add the goods to the shopping cart in the Store.

4. The Buyer then chooses from the goods available in the Store: the way the goods are delivered and the payment method for the order, and shall provide the data necessary to complete the order placed.

5. The order shall be placed upon confirmation of its contents and acceptance of the Terms and Conditions by the Buyer.

6. Placing an order is the same as the conclusion of a sales agreement between the Buyer and the Seller.

7. The Seller shall provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery.

8. The buyer may register with the Store i.e. create an Account or make purchases without registering by providing your data at any time of any order.

§ 5 PAYMENTS

1. You can pay for your order, depending on the Buyer’s choice:

• By simple transfer to the Sellers bank account.

• Using a payment card:

visa ▪

▪ Visa Electron

▪ MasterCard

▪ MasterCard Electronic

▪ Maestro

• Via payment platform:

payu payment ▪

• When downloading, i.e. card or cash at the time of delivery of the goods to the Buyer.

2. If you choose a payment through the PayU payment platform, PayU s.a. is PayU s.a.

3. If you select payment in advance, you must pay the order within 3 business days of placing the order.

4. The Seller shall inform you that, for certain payment methods, due to their specificity, it is possible to pay the order by this method only immediately after placing the order.

5. When purchasing in the Store, the Buyer accepts the seller’s use of electronic invoices. The buyer has the right to withdraw his or her acceptance.

§ 6 ORDER EXECUTION

1. The seller shall be obliged to deliver the goods without defects.

2. The deadline for fulfilling the order is indicated in the Store.

3. In the event that the Buyer has chosen payment in advance for the order, the Seller proceeds to fulfil the order after payment.

4. In the event that, under a single order, the Buyer has purchased goods with different delivery times, the order shall be executed within the time limit applicable to the goods with the longest period.

5. Countries in whose territory the supply is carried out:

◦ Republic of Poland

◦ Europe

6. Goods purchased in the Store are delivered depending on which delivery method the Buyer has chosen:

1. Through a courier company

2. Via Polish Post

3. InPost parcels

§ 7 RIGHT OF WITHDRAWAL

1. The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.

2. The withdrawal period shall expire 14 days after:

• In which the Consumer has acquired an item or in which a third party other than the carrier and indicated by the Consumer has acquired those goods.

• Where the Consumer has acquired the last of the property or in which a third party, other than the carrier and indicated by the Consumer, has taken possession of the last of the property in the case of a contract requiring the transfer of ownership of many things which are delivered separately.

• Conclusion of the contract – in the case of a contract for the supply of digital content.

3. In order for the Consumer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or information provided by e-mail).

4. The consumer may use the model withdrawal form placed at the end of the Terms and Conditions, but this is not mandatory.

5. In order to maintain the period of withdrawal, it is sufficient that the Consumer will send information on the exercise of his right of withdrawal before the expiry of the withdrawal period.

7 CONSEQUENCES OF WITHDRAWAL

8. In the event of withdrawal from the contract, the Seller shall reimburse the Consumer all payments received from him, including the costs of delivering the goods (except for the additional costs arising from the method of delivery in aa non-ordinary manner of delivery offered by the Seller), without delay and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.

9. The Seller shall refund the payment using the same payment methods as used by the Consumer in the original transaction, unless the Consumer agrees to another solution, in any event the Consumer will not incur any fees in connection with that refund.

10. The Seller may abstain from returning the payment until the goods are received or until proof of its return has been provided, whichever occurs earlier.

11. The Seller asks you to return the goods to: Aleja Bohaterów Września 3/8, 02-389 Warsaw immediately, and in any event no later than 14 days from the date on which the Consumer informed the Seller of the withdrawal from the contract of sale. The period shall be kept if the Consumer sends the goods before the expiry of the period of 14 days.

12. The Consumer shall bear the direct costs of returning the goods.

13. The consumer is only responsible for reducing the value of the goods resulting from the use of it in a manner other than was necessary to determine the nature, characteristics and functioning of the goods.

14. If the goods cannot be returned by ordinary mail, the Consumer will also have to bear the direct costs of returning the goods. The consumer will be informed of the estimated amount of these costs in the description of the goods in the Store or when placing the order.

15. In the event of a refund for a transaction made by the Consumer with a payment card, the Seller shall refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance contract shall not be granted to the Consumer in respect of the contract:

• In which the subject-matter of the benefit is an unprefabricated thing, produced according to the Consumer’s specifications or to meet its individualised needs.

• In which the subject-matter of the benefit is a matter which is rapidly corrupted or has a short shelf life.

• In which the subject-matter of the benefit is delivered in a sealed package, which cannot be returned for health reasons or for hygienic reasons after opening the package, if the packaging has been opened after delivery.

• In which the subject-matter of the benefit are things which, when delivered, by their nature, are inseparable with other things.

• In which the subject of the benefit are sound or visual recordings or computer programs provided in the sealed packaging, if the packaging has been opened after delivery.

• About the provision of logs, periodicals or magazines, except for a subscription agreement.

• Where the price or remuneration depends on fluctuations in the financial market over which the trader does not exercise control and which may occur before the expiry of the withdrawal period.

• The provision of digital content which is not recorded on the material medium if the performance of the benefit has begun with the Express Consent of the Consumer before the expiry of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal.

2. The right to withdraw from a distance contract shall not be granted to an entity other than the Consumer.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer shall be able to advertise defective goods on the basis of the civil warranty or guarantee settled in the Code, provided that the warranty has been granted.

2. By using the guarantees, the Buyer may, on the basis and within the terms and conditions set out in the Civil Code:

• Make a claim about price reduction

• In significant cases, make a declaration of withdrawal from the contract

• Request the exchange of goods free of defects

• Request the removal of the defect

3. The Seller asks you to submit a complaint on the basis of the warranties to the postal or electronic address indicated in § 2 of the Terms and Conditions.

4. If it is found that it is necessary to provide the advertised goods to the Seller for the examination of the complaint, the Buyer is obliged to deliver this goods, in the case of the Consumer at the expense of the Seller, to Aleja Bohaterów Września 3/8, 02-389 Warsaw.

5. If an additional warranty has been provided on the goods, information about it, as well as its conditions, is available in the product description in the Store.

6. Complaints about the operation of the Store should be sent to the e-mail address indicated in § 2 of the Terms and Conditions.

7. The Seller’s complaint will be processed within 14 days.

8. EXTRAJUDICIAL WAYS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS
9 In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
• Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
• Assistance of the competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
• Free assistance from the municipal or poviat Consumer Ombudsman.
• Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
2. The Buyer’s personal data are processed on the basis of the contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is contained in the privacy policy posted in the Store.
§ 11 RESERVATIONS
1. It is forbidden for the Buyer to provide illegal content.
2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded on time and to fulfill the order.
3. Agreements concluded on the basis of these regulations are concluded in Polish.
4. In the event of any dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
5. None of the provisions of these Regulations excludes or limits in any way the consumer’s rights under the law.
6. Provisions regarding goods shall apply accordingly to digital content, unless the Regulations specify these issues separately.
Annex 1 to the Regulations

Below is a sample withdrawal form from which the Consumer may or may not use :

MODEL WITHDRAWAL FORM

(this form must be completed and returned only if you wish to withdraw from the contract)

SWISSPHARMA POLSKA LIMITED LIABILITY COMPANY

Aleje Jerozolimskie 155/U3, 02-326 Warsaw

e-mail address: info@swisspharma.pl

– I/We(*) …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. hereby Informof my/our withdrawal from the contract of sale of the following items/ about the provision of the following service(*) / about the provision of digital content in the form(*):

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

– Date of conclusion of the contract(*)/receipt (*) ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

– Consumer’s name(s): ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

– Consumer address(s): …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………

Consumer Signature

(only if the form is sent on paper)

Date……………………………………..

(*) Delete unapplicable

Account Terms and Conditions
SwissPharma Store Account Terms and Conditions
Contents
§ 1 Definitions
§ 2 Contact ing the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations
§ 1 DEFINITIONS
Account – the free store feature (service) regulated in these Terms and Conditions, through which the Buyer can set up his individual Account in the Store.
Buyer – every buyer in the Store.
Shop – SwissPharma online store run by the Seller at https://swisspharma-herbal.com
Seller – SWISSPHARMA POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at Aleje Jerozolimskie 155/U3, 02-326 Warsaw, entered in the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR M.ST. WARSAW IN WARSAW,XII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS no. 0000712864, NIP 7010795921, REGON No. 36921743000000, share capital 5000.00 PLN .
§ 2 CONTACT WITH THE SELLER
1. Postal address: Aleje Jerozolimskie 155/U3, 02-326 Warsaw
2. Email address: info@swisspharma.pl
3. Phone: 605202030
§ 3 TECHNICAL REQUIREMENTS
1. For the proper functioning and establishment of the Account, you need:
◦ An active email account
◦ Internet access device
◦ JavaScript web browser and cookies
§ 4 ACCOUNT
1. The assumption of the Account is entirely voluntary and dependent on the buyer’s will.
2. The account gives the Buyer additional possibilities, such as: viewing the order history placed by the Buyer in the Store, checking the order status or editing the Buyer’s data.
3. In order to create an Account, please fill out the appropriate form in the Store.
4. At the time of the creation of the Account, the contract for the conduct of the Account shall be concluded for an indefinite period of time between the Buyer and the Seller under the terms of the Terms and Conditions set out in the Terms and Conditions.
5. The Buyer may, without incurring any costs at any time, cancel the Account.
6. In order to opt out of the Account, you must send your resignation to the Seller to the e-mail address: info@swisspharma.pl, resulting in the immediate removal of the Account and termination of the account contract.
§ 5 COMPLAINTS
1. Complaints about the operation of the Account must be addressed to the e-mail address info@swisspharma.pl .
2. The Seller’s complaint will be processed within 14 days.

3.
4. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND REDRESS
5. Where the complaint procedure does not produce the consumer’s expected result, the Consumer may benefit from the following :
• Mediation carried out by the relevant local provincial Inspectorate of Commercial Inspection, to which a request for mediation must be lodged. As a general rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
• Assistance of the relevant field-based arbitration consumer court acting at the Provincial Inspectorate of Commercial Inspection, to which an application must be submitted for consideration of the case before the arbitral tribunal. As a general rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
• The online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 6 PERSONAL DATA
1. The controller of personal data provided by the Buyer when using the Store is the Seller.
2. The Buyer’s personal data shall be processed on the basis of the contract and for its implementation, in accordance with the principles laid down in the General Regulation (EU) of the European Parliament and of the Council on data protection (GDPR). Detailed information about the Seller’s data processing is provided in the Store’s privacy policy.
§ 7 RESERVATIONS
1. The buyer shall be prohibited from providing unlawful content.
2. The account keeping agreement is concluded in Polish.
3. Where there are important reasons referred to in paragraph 1, the following shall be the case. 4, the Seller has the right to amend these Terms and Conditions of the Account.
4. The important reasons referred to in paragraph 1 shall be the main reasons laid down in paragraph 1. 3 are:
• the need to adapt the Store to the laws applicable to the Store’s activities
• improving the security of the service provided
• change the functionality of the Account requiring modification of the Account Terms and Conditions.
5. The Buyer will be informed of any planned change in the Account Terms and Conditions at least 7 days before the change is made via an email sent to the address assigned to the Account.
6. Where the Buyer does not accept the planned change, the Buyer should inform the Seller by sending an appropriate message to the Seller’s e-mail address info@swisspharma.pl, resulting in the termination of the account agreement upon the entry into force of the planned change or in advance if the Buyer makes such a request.
7. Where the Buyer does not object to the planned amendment until its entry into force, it shall be assumed that it is accepted, which does not constitute any obstacle to termination of the contract in the future.
8. In the event of a possible dispute with the Buyer who is not the Consumer court, the court competent for the Seller’s registered office shall be competent.
9. Nothing in these Terms and Conditions shall exclude or in any way restrict the consumer’s rights under the law.
Newsletter terms and conditions
SwissPharma Store

§ 1 DEFINITIONS
Newsletter – a free electronic service provided by the Customer, through which the Customer may receive previously ordered messages about the Store from the Service Provider electronically, including information about offers, promotions and news in the Store.
Shop – SwissPharma online store run by the Service Provider at https://swisspharma-herbal.com
Service Provider – SWISSPHARMA POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at Aleje Jerozolimskie 155/U3, 02-326 Warsaw, entered in the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR M.ST. WARSAW IN WARSAW,XII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS no. 0000712864, NIP 7010795921, REGON No. 36921743000000, share capital 5000.00 PLN .
Customer – any entity using the Newsletter service.
§ 2 Newsletter
1. The Recipient may voluntarily use the Newsletter service.
2. For the use of newsletter service, you need a device with a web browser in the latest version, supporting JavaScript and cookies, internet access and an active email account.
3. Emails sent within this service will be sent to the e-mail address provided by the Customer when you sign up for the Newsletter.
4. The Customer shall, in order to enter into a contract and subscribe to the Newsletter service, provide the address intended for this place on the Website, at which he wishes to receive messages sent under the Newsletter. Then, at the email address provided in the first step, the Service Provider will send the Recipient a message verifying the email address, which will include a link to the recipient’s confirmation of the intention to subscribe to the Newsletter. Once the Customer has confirmed his intention to subscribe to the Newsletter, a service contract is concluded and the Service Provider will start providing it to the Customer.
5. The messages sent to the Newsletter will contain information about how to unsubscribe from the Newsletter, as well as a link to unsubscribe.
6. The Customer may withdraw from the Newsletter without giving any reason and incurring any costs at any time using the option referred to in paragraph 1. 5 or by sending a message to the Service Provider’s e-mail address: info@swisspharma.pl.
7. Your use of the link to unsubscribe from the Newsletter or sending a message requesting a write-out from the Newsletter will result in an immediate termination of the contract for the provision of that service.
§ 3 Complaints
1. Newsletter complaints shall be submitted to the Service Provider to the e-mail address: info@swisspharma.pl.
2. The Service Provider shall comply with the complaint within 14 days of receipt of the complaint.
§ 4 Personal data
1. The controller of personal data provided by the Customer when using the Newsletter is the Service Provider.
2. The personal data of the Recipient shall be processed on the basis of the contract and for its implementation, in accordance with the principles laid down in the General Regulation (EU) of the European Parliament and of the Council on data protection (GDPR). Detailed information about the data processing by the Service Provider is provided by the Privacy Policy in the Store.
§ 5 Final provisions
1. The Service Provider reserves the right to amend these Terms and Conditions only for valid reasons. As an important reason, it is understood that the rules of procedure due to the modernisation of the Newsletter service or the amendment of the law affecting the provision of service by the Service Provider are understood.
2. Information about the planned change of terms and conditions will be sent to the recipient’s e-mail address provided at the time of signing up to the Newsletter at least 7 days before the changes are made into force.

3. Where the Customer does not object to the planned amendments until their entry into force, it shall be assumed that they are accepted.

4. In the absence of acceptance for the planned changes, the Customer should send information about this to the E-mail address of the Service Provider: info@swisspharma.pl, which will result in the termination of the service contract upon the entry into force of the planned changes.

5. The customer shall be prohibited from providing unlawful content by the Customer.