Terms and conditions

ONLINE STORE RULES
Fresh&Natural
of 24 April 2013
 
§1. Definitions Provided in the Rules
1. The Customer – a natural person, a legal person, or an organizational entity being no legal person, with legal capacity stipulated in the provisions that shall place an Order in the Store.
2. The Polish Civil Code – the Act of 23 April 1964 (Dziennik Ustaw No. 16, item 93 as amended).
  1. The Rules -the Rules of rendering services by electronic mail at the Fresh&Natural Online Store.
4. Online Store (Store) – a website available at www.freshandnatural.pl by means of which the Customer may in particular place Orders.
5. Merchandise – products offered at the Online Store
6. Sale contract – a Merchandise sale contract within the meaning of the Polish Civil Code concluded between Fresh&Natural Sp. z o.o. [limited liability company] and the Customer by means of the Online Store website.
7. The Act on the Specific Terms and Conditions of Consumer Sale – the Act of 27 July 2002 on the Specific Terms and Conditions of Consumer Sale and Amendments to the Polish Civil Code (Dziennik Ustaw No. 141, item 1176 as amended).
8. The Act on Rendering Electronic Services – the Act of 18 July 2002 on Rendering Electronic Services (Dziennik Ustaw No. 144, item 1204 as amended).
9. The Order – a declaration of will by the Customer aiming directly at the conclusion of a Sale contract, stipulating in particular a type and the number of items of the Merchandise.
§2 Principles of purchasing at the Online Store
1. The Rules shall specify the principles of purchasing at the Online Store available at www.freshandnatural.pl.
2. The Rules shall be the rules referred to in Art. 8 of the Act on Rendering Electronic Services.
3. The Online Store at www.freshandnatural.pl shall be run by Fresh&Natural Sp. z o.o. [limited liability company] with its registered office at al. Solidarności 117 premises 207, 00-140 Warszawa, VAT Reg. Number: 5223041033, Statistical Number: 362744125, entered in the register of businesses conducted by Sąd Rejonowy dla M. Warszawy w Warszawie [the District Court in Warszawa, having jurisdiction in Warszawa], the Twelfth Commercial Division of the National Court Register, under the National Court Register entry: 0000580493.
4. The Rules shall specify in particular:
a) the principles of registrating and using the account at the Online Store
b) terms and conditions and principles of placing orders by means of electronic mail at the Online Store
c) the principles of concluding Sale contracts by means of services rendered at the Online Store.
 
5. Purchasing at the Online Store shall be possible where the IT system of the Customer meets the following minimum technical requirements:
a) the MSIE 8.x Internet Explorer version or updated
b) the 7.x Firefox version or updated
c) the 15.x Chrome at minimum screen resolution 1024 X 768 pixels
 
6. The Customer should have access to the computer or the terminal connected to the Internet to purchase at the Online Store.
§3 Terms and conditions of the order execution
1. Information on the Merchandise at the Store websites, in particular their descriptions, technical and operational parameters, and the prices shall be regarded as an invitation to conclude a contract within the meaning of Art. 71 of the Polish Civil Code.
2. Information on the price at www.freshandnatural.plshall be binding from the moment of reception by the Customer an electronic mail which finally confirms any and all relevant elements of booking or the Order until the booking has been made or the Order has been executed. The price shall be subject to no price movement irrespective of the price changes at the Online Store which may occur with reference to specific Merchandise upon the Customer has received the electronic mail referred to as above.
3. The active electronic mail account shall be necessary to purchase at the Online Store. To set up an account, the form available at the website should be completed, including but not limited to providing the electronic mail address, supplying a password, and accepting the Rules.
4. Registrating and purchasing at the Online Store shall be free of charge.
5. Upon the registration at the Online Store, any logging in shall be made with the use of the data provided in the registration form.
6. For the Customer’s account to be deleted from the Online Store, the electronic mail in which the Customer requests the account to be deleted should be sent to the Website Providers. It is necessary to provide the electronic mail address which is registered at the Online Store at www.freshandnatural.pl.
7. Transaction settlements by credit card or e-transfer shall be made by means of PayU S.A. [joint-stock company]. The services shall be rendered by PayU S.A. [joint-stock company], with its registered office in Poznań at ul. Grunwaldzka 182, 60-166 Poznań, VAT Reg. Number: 7792308495, Statistical Number: 300523444, entered in the registerof businesses conducted by Sąd Rejonowy w Poznaniu – Nowe Miasto i Wilda w Poznaniu [the District Court in Poznań – Nowe Miasto i Wilda w Poznaniu], the Eight Commercial Division of the National Court Register, under the National Court Register entry: 0000274399, with its share capital corresponding to 4 000 000.00 PLN, paid in its entirety pursuant to the Service Rules available at http://www.payu.pl/pliki-do-pobrania.
8. Fresh&Natural Sp. z o.o. [limited liablity company] shall reserve its right to terminate the Customer’s rights to purchase at the Online Store, and may limit the Customer’s access to the resources of the Online Store partially or entirely, with immediate effect where the Rules have been breached, and in particular where the Customer:
a) has provided the data untrue, inexact, or outdated in the course of registrating at the Online Store which misrepresented or violated the third parties’ rights
b) has infringed via the Online Store the personal interests of third parties, in particular the personal interests of other Customers of the Online Store
c) shall engage in conduct to be regarded by Fresh&Natural Sp. z o.o. [limited liability company] as contradictory to the provisions of law in effect or to the general principles of using the Internet, or libellous to Fresh&Natural Sp. z o.o. [limited liability company].
 
9. The person whose rights to purchase at the Online Store have been terminated may not register again without prior consent by Fresh&Natural Sp. z o.o. [limited liability company].
10. For the messages and data to be protected regarding the Website services rendered, the Online Store shall adopt technical and organizational measures adequate to the protection of the services rendered, in particular measures to prevent the personal data transferred on the Internet from being captured and altered, modified, or amended by unauthorized persons.
11. The Customer shall be obliged in particular:
a)         not to deliver and transfer contents banned by the provisions of law, ie. violent contents, libellous contents, or contents violating the personal interests and other rights of the third parties
b)        to purchase at the Online Store in a manner that does not disrupt its running, in particular by means of specific software or devices
c)         not to take action such as circulating or placing unordered commercial information (spam) at the Online Store
d)        to purchase at the Online Store in a friendly manner to other customers and to Fresh&Natural Sp. z o.o. [limited liability company]
e)         to read any and all contents provided at the Online Store solely and exclusively for the private use
f)        to purchase at the Online Store in accordance with the provisions of law in effect within the Republic of Poland, the provisions of the Rules, and general principles of using the Internet.
12. The online store assistants shall be available to the users solely and exclusively from Monday to Friday in the working days from 9 a.m. to 5 p.m.
§ 4 Procedure for concluding the Sale Contract
1. For the Sale Contract via the Online Store to be concluded, the Customer should visit www.freshandnatural.pl, select a type of merchandise, and undertake subsequent technical activities following the messages displayed and information available at the website.
2. The Customer may place orders for the products available at the Online Store within 7 (seven) days a week an 24 (twenty four) hours a day.
3. Upon registrating and logging in the Online Store, the Customer shall place an order for a particular product by selecting a command ‘Add to Cart’, and indicating in the ‘Add to Cart’ button a manner of reception and payment, and the confirmation of the order.
4. In the course of placing an Order until pressing the ‘Pay Now’ button, the Customer may modify, amend, or alter the data entered and select a new type of Merchandise. For this purpose, the Customer should follow the messages displayed and information available at the website.
5. Upon all relevant data has been provided by the Customer, the details of the Order shall be displayed containing the following information:
a) item ordered
b) unit and total price of the products or servises ordered, including but not limited to delivery costs and other additional costs if any
c) method of payment selected
d) manner of delivery selected
 
6. For the Order to be dispatched, the Rules should be read, acknowledged, and accepted, the personal data marked as obligatory should be given, and the ‘Order’ button should be pressed.
7. Placing an Order by the Customer shall constitute a declaration of will to conclude a Sale contract with Fresh&Natural Sp. z o.o. [limited liability company], pursuant to the contents of the Rules.
8. Upon the Order has been placed, the Customer shall receive an electronic mail entitled: Fresh&Natural/ confirmation of placing the Order No. xx including the final confirmation of any relevant elements of the Order.
9. The Contract shall be regarded to be concluded as the Customer has received the electronic mail referred to as above.
10. The Sale contract shall be concluded in Polish or in English, with its contents in conformity with the Rules.
 
§ 5 Delivery
1. The Merchandise Delivery shall be made within the territory of the Republic of Poland, the EU states, and outside the EU states to the address indicated by the Customer in the course of placing an Order.    
2. The Merchandise Delivery shall be made by courier mail or by Poczta Polska. Any delivery costs shall be indicated in the course of placing an Order.
3. The delivery of the products ordered at www.freshandnatural.pl shall be made by courier companies – delivery time up to 2-3 working days at 9.90 PLN, or by Poczta Polska – delivery time up to 3-4 working days at 4.90 PLN.
4. The execution of the order at the online store shall take up to 1-2 working days, commencing from the payment into the bank account for the order placed at the online store where the options of payment by PayU or by bank transfer have been selected. The delivery time abovementioned should also be taken into account.
5. Any orders placed from 2 p.m. onwards, and on Sundays and on holidays shall be examined from the following working day’s morning.
6. The Business Entity shall reserve the right to exclude some order delivery channels and forms of payments with reference to the products indicated by the Business Entity, product categories, and the number of the items ordered.
7. The Business Entity shall reserve the right to exclude some order delivery channels and forms of payments for the Customers.
8. The retention, protection, availability, and confirmation of relevant provisions of the Merchandise Sale Contract shall be made by sending to the Customer at the electronic mail address given and by enclosing with the Merchandise parcel the following data: confirmation receipt, specification of the Order, a receipt for the natural persons and a VAT invoice for the business entities.
9. The Customer shall be obliged to keep their login and password to the account at the Online Store secret within the meaning of the provisions of law in effect. The Customer shall be liable for any and all activities related to using their login or password at the Online Store. The password shall be confidential and known solely and exclusively to the Customer.
10. Should the Customer give wrong or inexact data, including but not limited to a wrong or inexact address, the Business Entity shall not be held liable for any failure to deliver or delay in delivery of the item ordered, within the most extended scope stipulated by law.
11. Should the merchandise ordered be unavailable at the Online Store warehouse or unavailable for any reason whatsoever which make the Order by the Customer to be unexecuted, the Store shall notify the Customer of it no later than 2 days commencing from the date of the Contract conclusion, and shall return the money paid. The notice shall be sent to the electronic mail address indicated by the Customer in the order form.
12. Should the merchandise ordered be partially unavailable at the Online Store warehouse or unavailable for any reason which make the Order by the Customer to be unexecuted within a specific period of time, ie. delivery delays by the Online Store deliverers, the Customer shall be notified of the stage of the order execution, and may decide as to the manner of the Order execution. The Customer shall have the following options:
a)           partial execution – if selected by the Customer, the Order shall be executed solely and exclusively within the merchandise available, and the Online Store shall be released from the obligation to execute the order for the merchandise unavailable
b)           cancellation of the entire Order – if selected by the Customer, the Online Store shall be released from the obligation to execute the order
c)           where the Customer has made a payment for the merchandise, the Online Store shall return money
 
13. The limited number of merchandise shall be designated for promotional sale and sales. Order execution shall be made in the order of confirmed orders reception until the merchandise in the warehouse is out of stock.
§6 Customs duties, excise duties, and taxes outside the EU states
1. The merchandise purchased at the Online Store being dispatched outside the EU states may be subject to additional customs duties, excise duties, and taxes in the target state. The price of Merchandise and delivery costs shall not include the duties and taxes abovementioned, and shall fall within terms of reference of the Customer. The amount of the duties and taxes shall depend on the provisions of the target state. For detailed information on the duties and taxes please contact the local customs office in the target state.
2. The amount of the duties and taxes abovementioned shall depend on the actual values of the Merchandise (without discount), the actual value of the delivery transport (without discount), and the costs of the parcel insurance.
§ 7 Prices and methods of payment
1. The prices of the Merchandise shall be given in PLN and shall contain any and all components, including but not limited to VAT tax (the rate given), duty, and any and all other components.
2. The Customer may make a payment:
a) by transfer into the following bank account: Bank Zachodni WBK 88 1090 1014 0000 0001 3208 6062
b) via the PayU system
c) with pay card via the PayU system. Transaction settlements with credit card and by transfer shall be made via the PayU system.
 
§ 8 Entitlement to waive a contract
1. Each Customer being a consumer within the meaning of Art. 221 of the Polish Civil Code and purchasing at www.freshandnatural.plshall be entitled by law to waive a sale contract within the deadline belowmentioned and without any reason. The waiver declaration shall be dispatched to the address of the commercial office: Fresh&Natural Sp. z o.o. [limited liability company], ul. Czeladnicza 21 premises 8, 04-743 Warszawa or sent by electronic mail to info@freshandnatural.pl, with the Order Number in the mail title.
2. The Consumer shall be entitled to waive within the non-extendable deadline of 14 days, commencing from the day of the merchandise reception by the Consumer. The deadline shall be considered to be met if the Consumer sends a waiver declaration to the address abovementioned prior to the lapse of the deadline.
3. The right to waive a Contract by the Consumer shall be excluded if, at the consent of the Consumer, www.freshandnatural.pl has commenced to render services prior to the lapse of the deadline of 14 days from the conclusion of the Contract; and if the merchandise is not on offer, but is tailor-made for the Customer.
4. Should the Distance Contract be waived, the Contract shall be considered unconcluded. Any services rendered by the Parties shall be returned unchanged unless there has been a necessary change of the composition of the ordinary management. The return should be made immediately, no later than within 14 days. The merchandise purchased should be returned to the following address: Fresh&Natural Sp. z o.o. [limited liability company], ul. Czeladnicza 21 premises 8, 04-743 Warszawa.
5. The Merchandise returned by the Customer should be packed properly for the parcel not to be damaged when transported.
6. The costs of return delivery shall be borne by the Consumer unless the transitional inability to fulfill the obligation of the Consumer by Fresh&Natural Sp. z o.o. [limited liability company]has resulted in the waiver.
§ 9 Complaints
1. Fresh&Natural Sp. z o.o. [limited liability company] as the Seller shall be responsible to the Customer being a Consumer within the meaning of Art. 221 of the Polish Civil Code for incompatibility between the Sale Contract and the Merchandise purchased by the Consumer within the scope specified by the Act on the Specific Terms and Conditions of Consumer Sale.
2. Any and all complaints arising of the violation of the Customer’s rights guaranteed by law or under the Rules should be addressed at info@freshandnatural.pl. Fresh&Natural Sp. z o.o. [limited liability company] shall be obliged to examine any complaint within 14 days; otherwise the Customer has been notified of the deadline for examining the complaint within 14 days.
§ 10 Complaints within rendering services by electronic mail
1. Fresh&Natural Sp. z o.o. [limited liability company] shall undertake activities to ensure the running of the Online Store within the scope of the current technical knowledge and undertakes to redress any irregularities registered by the Customers within a reasonable deadline.
2. The Customer undertakes to immediately notify Fresh&Natural Sp. z o.o.[limited liability company] of any irregularities or blackouts of the Online Store website.
3. Of any irregularities related to the running of the Online Store, the Customer may notify in writing at the address: Sklep Internetowy Fresh&Natural Sp. z o.o. [limited liability company], ul. Czeladnicza 21 premises 8, 04-743 Warszawa, or by electronic mail at info@freshandnatural.pl.
4. The Customer should give their name and surname, address for correspondence, type, and date of irregularities related to the running of the Online Store.
5. Fresh&Natural Sp. z o.o. [limited liabilty company] shall be obliged to examine any complaint within 14 days; otherwise the Customer has been notified of the deadline for examining the complaint within 14 days.
§ 11 Personal Data Protection
Fresh&Natural Sp. z o.o. [limited liability company] with its registered office in Warszawa at al. Solidarności 117 premises 207, 00-140 Warszawa shall be the Administrator of the Personal Data.
1. Your personal data shall be processed pursuant to the Act of 29 August 1997 on Personal Data Protection within the scope which is necessary for providing the services, determining the services, changing the services, terminating the services, rendering the services by electronic mail, executing the orders placed by the Customers, examining the complaints filed by the Customers, refunding benefits if waiving a contract (return of merchandise), and filing data. If you grant your consent to receive marketing information, including but not limited to commercial information sent by electronic mail, your personal data shall be processed to inform you about our store, offers, discounts, and the products and services of other entities which cooperate with us by our consent and with our knowledge. The personal data of the Customers may be transferred i.e. to the authorities entitled solely and exclusively under relevant provisions, to the courier to deliver the parcel, and to the PayU to make payments. Providing your personal data shall be voluntary, but if you do not grant your consent for the processing of your personal data, you may not be able to purchase at the Online Store and use our services. The Customer shall be entitled to have access to their personal data, and to alter, amend, modify, and delete the data. If you wish so, please send an electronic mail at the address of the Data Administrator entitled ‘Personal Data’, or contact the Website Service.    
2. The Customer hereby declares that the personal data given shall be the personal data of the Customer.
3. Specific provisions on the Personal Data Protection of the Customer shall be available at the Online Store website regarding the privacy policy.
 
 
§ 12 Final provisions
1. Any disputes arising between Fresh&Natural Sp. z o.o. [limited liability company] and the Customer being the Consumer within the meaning of Art. 221 of the Polish Civil Code shall be settled by a court of proper jurisdiction, pursuant to the provisions of the Polish Code of Civil Procedure.
2. Any disputes arising between Fresh&Natural Sp. z o.o. [limited liablility company] and the Customer being no Consumer within the meaning of Art. 221 of the Polish Civil Code shall be settled by a court of proper jurisdiction under the terms of reference of the Fresh&Natural Sp. z o.o. [limited liability company].
3. In matters not regulated by the Rules, the provisions of the Polish Civil Code, the Act on Rendering Electronic Services, and other relevant provisions of Polish law shall apply.