TERMS AND CONDITIONS OF USE
FOR ONLINE STORE OPERATED AT THE ADDRESS
WWW.ELIXIRBYNATURE.PL

of 15 March 2016

 

General

1.These Terms and Conditions establish the regulations for the use of ELIXIR by NATURE Online Store available at the address www.elixirbynature.uk www.elixirbynature.pl

2. ELIXIR by NATURE Online Store is operated by: limited company Elixir by Nature Sp. z o.o. based in Warsaw, Poland, at the address: ul. Wolska 64A lok. 8, 01-134 Warszawa, POLAND, entered into the National Court Register kept by the District Court for Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the KRS number 0000635348, NIP (tax payer's ID number): 5272779046, REGON (state statistical number): 365351120.

3. Customer Service Centre for the Online Store is operating Monday to Friday, 9:00 am-5:00 pm, contact by e-mail: contact@elixirbynature.uk or by phone: +48 883 595 007. 

4.Terms used in these Terms and Conditions have the following meanings:

Terms and Conditions – this document with all annexes hereto;

Online Store (Store) - website operated at www.elixirbynature.uk through which a Customer can, in particular, place orders and make purchases of goods offered by the Seller;

Customer - a natural person, legal person or organizational unit without legal personality which has been granted legal capacity under special provisions, placing an order at the Store;

Vendor – the operator of the Store;

Goods - products offered for sale through the Store under these Terms and Conditions;

Customer’s Account - a database containing Customer’s data to be used in delivering placed orders, order history, and Customer preferences for selected functionalities of the Store;

Bank Transfer - payment made by the Customer through a bank, using an online account, a traditional account or at a post office;

Electronic Transfer- payment made by the Customer from an online bank account, through an electronic payment system;

Customer Service Centre - pa centre operated by the Vendor, as referred to in Paragraph 3, in which, specifically, orders processed through the Store can be collected and contact with the Store can be made;

Civil Code  – the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, No. 121);

u.p.k. – the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, No. 827).


§ 1Accepting and Processing Orders

1.1. The Store sells goods over the Internet.

1.2. Customers’ Orders are accepted via the website, 7 days a week, 24 hours a day. After placing an order, the Customer receives an auto-reply e-mail message with Store’s confirmation of order acceptance. No order confirmation means that the order may not have been accepted for processing. A sales contract is concluded upon final confirmation by the Store of the execution of the order or its part..

1.3. In an order, the Customer:

selects Goods to be ordered

indicates the method and address of delivery

chooses the method of payment.

1.4. Expected order processing time is provided with each Goods item. It is the time elapsing between the acceptance of an order and the moment the ordered Goods are handed over by the Store for shipment by the method of delivery selected by the Customer, including working days only. An order for Goods with varying processing times will be shipped within the longest of the indicated processing times.

1.5. Orders will be delivered by courier, to the address indicated by the Customer.

1.6. Orders will be processed within up to 10 working days. Most of the Goods offered by the Store are available immediately, so on working days the ordered products will be shipped on the day of order or the following day (depending on the time of order and confirmation of payment). For Goods which are not in Store’s warehouse order picking time can extend up to 10 working days.

1.7. Shipment delivery time is always the same and ranges from 2 to 4 working days; the company covers shipment fees, so the delivery is always free for the Customer.

1.8. Sales promotions and clearance sales campaigns are allotted a limited number of Goods, so submitted orders which have been confirmed are processed on a first-come, first-served basis, until the stocks falling under the particular form of sale are sold out.

1.9. The Store will issue a receipt for every order.

1.10. Upon placing an order, the Customer shall accept these Terms and Conditions, having previously read them.

1.11. Commercial information posted on Store's website does not constitute a sales offer within the meaning of the Civil Code. By placing an order, the Customer makes an offer to purchase specific Goods, under the conditions specified in their description.

§ 2 Changing Orders

2.1 The Customer has the right to change the order or withdraw the order before its completion (ie. until the shipment of Goods).

2.2. Such changes can be made by contacting the Customer Service Centre.

2.3. Order alterations submitted by e-mail, in particular those changing Customer's address and delivery address, as well as those including overpayment refund instructions will only be accepted if sent from the email address specified in the order, or an e-mail address registered under Customer’s Account.

§ 3 Prices of Goods

3.1. All prices of Goods posted on Store’s website are indicated in Polish zlotys. Prices are given gross (including value-added tax).

3.2. A price indicated for a Goods item shall be binding at the time of order placement by the Customer.

3.3.The Store reserves the right to change the prices of Goods on Store’s offer, introduce new Goods to Store’s offer, carry out and cancel promotional campaigns on Store’s website and make changes to those campaigns. Price changes do not apply to orders which have already been accepted for execution.

3.4. Goods are always delivered by courier, as per the order form. In special cases, the Store reserves the right to change the method of delivery. The cost of delivery of ordered Goods shall be paid by the Store.

3.5.Orders will be executed throughout the entire territory of the European Union. Shipment to other countries is only possible after establishing the cost of transport with the Customer Service Centre.

§ 4 Methods of Payment and Overpayments

4.1.he Customer can choose the following methods of payment for goods ordered, with delivery in the territory of the European Union:

Electronic transfer;

Credit card;

With these methods of payment, order execution is initiated after the payment provider confirms to the Store that the operation has been correctly completed, Transactions by credit card and Electronic Transfer are settled through the XXXX Settlement Centre.

4.2.The Customer can use a promotional or shopping voucher received from the Store or from another entity which has purchased vouchers for its customers.

4.3.A refund on account of overpayment, an accepted complaint or a return of Goods shall be made to the Customer by the same method of payment the Customer used to pay for the purchase.

§ 5 Complaints

5.1. All Goods available in the Store come from a legitimate source, from the manufacturer, and they are genuine. Products shown in the photos may vary slightly in reality (eg. the same product may have slightly different packaging, modified on the initiative of the manufacturer, which does not affect its quality or genuineness).

5.2 The Customer has the right to file a complaint if Goods supplied are found to be nonconforming, in particular where Goods do not conform with the placed order.

5.3 Goods complained about, along with the proof of purchase (receipt) and a written statement of the cause of the complaint (and optionally the preferred method of complaint resolution) should be submitted by the Customer to the Customer Service Centre, at Customer’s own expense.

5.4.Complaints will be solved no later than within 14 days from the date on which the Store receives the complaint and the Goods complained about. If the complaint is accepted, the Goods will be brought into conformity or replaced. If it is not possible to repair or replace the Goods, and where the Goods have already been replaced or repaired before, the Customer may demand a price reduction or withdraw from the contract. If the Customer withdraws from the contract, they will receive a refund of the purchase price of the Goods or, with the Customer’s consent, they will be offered other available Goods to choose from.

5.5. If the Store fails to respond to Customer’s claims within 14 days of receipt of the complaint and the Goods, the Customer's claim shall be deemed legitimate.

5.6. Complaints about variances between the appearance of Goods delivered and those ordered, as seen on Store’s website, will not be accepted, as such variances may be due to different settings (parameters) of the Customer’s screen..

§ 6Right of Withdrawal From the Contract

6.1. Pursuant to Article 27 of the u.p.k., the consumer has the right to withdraw from the contract without giving any reasons within 14 days of receipt of the ordered Goods, with the reservation that services and products the purchase of which cannot be withdrawn from under applicable regulations may not be returned. The rules of withdrawal from the contract, including a standard withdrawal form and situations in which the right of withdrawal may not be exercised are specified in the instruction attached as Annex 1 to these Terms and Conditions.

6.2 In the event of withdrawal, the contract is considered null and void and the consumer is released from any obligations. Anything that has been rendered by the parties shall be returned in an unchanged condition, unless a change was necessary in the scope of ordinary management.

§ 7 Personal Data

7.1After an order is placed with the Store, Customer's personal data are entered into the database of the Online Store. The controller of the data is the Vendor. Entrusted personal data will be processed for the purposes of order execution and for any legally justifiable purposes. These data shall be protected and processed pursuant to the Act on Personal Data Protection of 29 August 1997 (Journal of Laws of 2002 No. 101, item. 926, as amended).

7.2 The Customer has the right to review and correct his/her data and demand that the use of such data is discontinued or that such data be removed. The Customer can provide his/her personal data on a voluntary basis, but consent to the processing of such data is necessary for the Store to execute the order. The Customer shall bear responsibility for providing false personal data.

7.3.Customer's personal data are collected and processed under applicable regulations and in compliance with the Privacy Policy attached as Annex 1 to the Regulations Governing the Provision of Services by Electronic Means via ELIXIR by NATURE Website.

§ 8 – Final Provisions

8.1. All trademarks, product names, photos and descriptions are the exclusive property of their respective manufacturers, and have been used for informational purposes only. They may not be removed, copied, edited, distributed, used for commercial purposes or presented on other websites without the consent of the Store.

8.2. Disputes arising from the execution of the contract shall be settled amicably. If an agreement cannot be reached amicably, disputes shall be resolved by a court whose jurisdiction stems from the relevant provisions.

8.3. For matters not regulated by these Terms and Conditions the law of Poland shall apply.

8.4. These Terms and Conditions shall come into effect on 15 March 2016.

8.5. The Store reserves the right to amend these Terms and Conditions. Any amendments to these Terms and Conditions shall come into effect on the date of publication on www.elixirbynature.uk. Orders placed before the date of any amendment to these Terms and Conditions shall be processed under the provisions in force at the date of order placement. For Customers who had an account before an amendment was introduced to these Terms and Conditions, such an amendment shall become effective within 10 days after these Customers are notified about such an amendment. The Customer may submit a statement of acceptance or non-acceptance of the new Terms and Conditions in a manner as indicated by the Store, or send his or her statement to the address of the Customer Service Centre. Upon receipt of a statement of non-acceptance of the amendments to Terms and Conditions, the Store shall remove Customer’s Account and notify the Customer of that fact.

8.6 The placement of an order with the Online Store implies acceptance of the provisions of these Terms and Conditions, in the version as on the date of the order.

 

Annex 1 – Instruction on Withdrawal from the Contract

You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract shall lapse after the expiry of 14 days from the date of receipt of the Goods. To exercise the right of withdrawal, you must notify the Store about your decision to withdraw by way of an unequivocal statement (eg. a letter sent by mail, fax or e-mail). To keep the deadline for withdrawal, it is enough that you send in a notice saying that you exercise your right to withdraw from the contract before the deadline for withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the cost of delivery of items (with the exception of any additional costs resulting from your choice of a method of delivery other than the least expensive, standard method of delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed about your decision to exercise the right of withdrawal. The reimbursement will be made using the same payment methods that you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with such reimbursement. The Store may withhold reimbursement until the receipt of Goods or until a proof of Goods return is submitted, whichever occurs first. Please return the Goods to the address of the Customer Service Centre immediately, not later than 14 days from the date on which the Store was informed of your withdrawal from the contract. The deadline is met if Goods are returned within 14 days.

The right of withdrawal does not apply in respect of the following contracts:

1.contracts for the provision of services, if we have fully performed the service with your express consent;

2. contracts in which the price of Goods depends on fluctuations in the financial market over which we exercise no control, and which may occur before the deadline for withdrawal from the contract;;

3. contracts in which the benefit rendered is a non-prefabricated, customized item, or where the purpose of the item is to meet your individual needs

4. contracts in which the benefit rendered is an item subject to rapid decay or having a short shelf life;

5.contracts in which the benefit rendered is an item delivered in a sealed package, which cannot be returned after opening of the package due to health protection or hygiene reasons, if the package was opened after delivery;

6. contracts in which the benefit rendered are items which after delivery, due to their nature, become inextricably linked with other items;

7. contracts in which the benefit rendered are alcoholic beverages, the price of which has been agreed at the conclusion of the contract of sale and the delivery of which can only take place after 30 days, and the value of which depends on fluctuations in the market, over which we have no control;

8.contracts in which the benefit rendered are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;

9. contracts for the supply of digital contents not stored on a tangible medium, if the performance began with your express consent, prior to the deadline for withdrawal from the contract.


CONTRACT WITHDRAWAL FORM

(this form should be filled out and returned only if you wish to withdraw from the contract)

Website administrator:

Elixir by Nature Ltd.

ul. Wolska 64A lok. 8

01-134 Warszawa

POLAND

Address for correspondence:

ul. Hlonda 2/81

02-972 Warszawa

POLAND

kontakt@elixirbynature.pl


I ......................................................................... hereby give notice of my withdrawal from the contract of sale of the following .........................................................................................................................., item/items ......................................................................................................, offer

date of the contract .........................................................................................,

date of receipt of goods ...........................................................................................,

Name ..................................................................................
Address ................................................................................................
Date..................................................................................................

Signature.



ANNEX 1

to the Regulations Governing the Provision of Services by Electronic Means via ELIXIR BY NATURE.PL Website

PRIVACY POLICY

§1 General

1. The Service Provider shall pay special attention to protecting Users’ privacy and to protecting the confidentiality of their information transmitted through the Website.

2. 2. The Service Provider shall, in particular, ensure due protection of personal data provided to him by Users and shall not disclose such data to third parties, subject to circumstances provided for under the law, where such disclosure is mandatory.

§2 Acquisition of Personal Data

1. Users are not required to provide their personal data in order to use the Website.

2. A User using the contact form shall provide his/her personal data when using that Service.

3. 3. A registered User shall provide his/her personal data when setting up an Account.

§3 Consent to the Processing of Personal Data

1. A User using the contact form agrees for the personal data provided by him/her to be processed for the purpose of performing the Service.

2. A registered User agrees for the personal data provided by him/her to be processed for the purpose of performing the Service.

3. The provision of personal data is voluntary, but it is necessary to make possible the provision of the Services referred to in Paragraphs 1 and 2.

§4 Processing of Personal Data

1. The controller of the personal data shall be the Service Provider.

2. Through the use of appropriate hardware and software safeguards, and by exercising utmost diligence required for this type of services and the type of information processed, the Service Provider shall protect Users’ personal data from being accessed, acquired and modified by unauthorized persons.

3. The Service Provider shall not transmit personal data provided by Users to any third parties, unless such obligation stems from the applicable legislation.

§5 User Rights

The User can review his/her personal data at any time and has the right to amend and remove such data.

§6 Other Information About Users and Services

1. The Service Provider shall use "cookie" files that collect anonymous information about Users, designed to ensure the highest quality of Services rendered and to improve the functionality of the Website.

2. The Service Provider will also use cookies for the purpose of advertising, market research and User behaviour and preferences research, and the results of such research will be used to customize the Services and Website contents to Users’ individual needs.

3. Using "cookies", the Service Provider will collect the following anonymous information about the User:

- location of the network terminal the User is using,,

- IP of the access device,

- host names,

- connection speed,

- time spent on the Website,

- type and language of browser,

- method of entering the pages of the Website and method of their display,

- ovisited pages of the Website.

4. The Service Provider will not sell or transmit any information collected via "cookies" to any third parties.

§7 Final Provisions

The legal basis for the processing of personal data and other information about Users is:

1. Act of 29 August 1997 on personal data protection (consolidated text - Journal of Laws of 2002, No. 101, item 926, as amended)
2. Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).