REGULATIONS OF Phenomé ONLINE SHOP
These Regulations specify the principles of conclusion of sales agreements via an online shop and the principles of execution of these agreements, rights and obligations of Phenomé shop and the Consumer as well as the principles of the complaint procedure. By ordering, the Consumer accepts these Regulations.
Phenomé online shop is maintained at the website www.phenome.eu by "Natural Element Sp. z o.o., ul. Biały Kamień 2/10, 02-593 Warsaw, NIP: 522 303 99 87, Regon: 362666425 hereinafter referred to as "Phenomé” or "Shop”.
1. The Consumer may receive information on its order during the Shop business hours (Monday to Friday, 9:00 a.m. - 5:00 p.m., except for statutory holidays) under the following telephone numbers: a) telephone numbers (Sales Department): telephone: +48 791 79 79 17 b) e-mail address for correspondence relating to sales: firstname.lastname@example.org c) website of the Shop: www.phenome.eu d) e-mail address for complaints: email@example.com
2. Phenomé online Shop sells products on the Internet.
3. Orders are accepted via www.phenome.eu, using an appropriate order form.
4. At the date of the product delivery or commencement of service provision at the latest, the Shop shall confirm conclusion of the distance agreement on a durable carrier (e-mail correspondence or a hard copy document shall be treated as the main durable carrier). The confirmation shall additionally cover important information included in the Shop Regulations and information on the Consumer's consent to receive digital content.
5. A standard order processing time is 5 business days (except for Saturdays and Sundays), however in specific cases the time may be extended. This is an indicative time counted from the moment of receipt of the payment confirmation until sending the order.
6. The order shall be processed provided that the product is available in the warehouse or at the Shop suppliers. If a part of the products covered by the order is unavailable, the Consumer shall be informed on the order status and shall decide on the manner of its processing (partial processing, extension of the waiting time, cancellation of the entire order).
7. Promotional sales and sales shall include a limited number of products and the orders shall be processed according to the incoming orders confirmed, until the stock included in this form of sales lasts.
8. The Consumer shall pay for the products ordered via Dotpay or on delivery of the consignment.
9. Each order shall be accompanied by a document confirming the order or an Invoice (depending on the Consumer preferences). The VAT Invoice or the document confirming the order shall be issued at the moment when all products ordered by the Consumer are completed and ready for shipping. The Consumer shall receive an original invoice signed by the Shop. It should be noticed that if the Consumer being a natural person orders or purchases using data (e.g. stating the company name) relating to the business activity conducted by this purchaser, it shall be assumed that the purchase is made by it with regard to such activity and the invoice shall be issued for this purchaser as an entrepreneur.
10. The Consumer may change the order until it receives a confirmation of conclusion of the agreement from the Shop.
11. The prices are shown in a currency marked by its international three-letter abbreviation. They are displayed next to the corresponding products in each version of the online store and include the Value Added Tax in effect.
12. In countries in which the consignments are subject to customs duty, cost thereof shall be borne by the Consumer. In such case, the shipping date shall be 48 hours longer.
13. The procedure for transferring the amounts due for the transaction and verification of the Shop is implemented by Dotpay S.A., with its registered office in Kraków, 30-552 Kraków, at ul. Wielicka 72, registered by the District Court Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number 0000296790, NIP 634-26-61-860, NIP EU PL6342661860, REGON 240770255, share capital in the amount of PLN 4,000,000.00, fully paid in cash.
14. Products shall be delivered as specified in the order. Consignments shall be delivered by: DPD Sp. z o.o., ul. Mineralna 15, 02-274 Warsaw, Customer Service Office, telephone: +48 22 577 55 55 or 801 400 373. Exact costs of the product ordered and delivery shall be provided to the Consumer in a clear and visible manner in the order form, directly prior to placing the order by the Consumer.
15. Exact costs of the product ordered and delivery shall be provided to the Consumer in a clear and visible manner in the order form, directly prior to placing the order by the Consumer.
16. Prior to confirmation of the order at the website, the Consumer shall be obliged to confirm that its purchase involves the obligation to pay the costs of the confirmed order.
17. The distance sales agreement between the Shop and the Consumer shall be concluded at the moment of receipt of the Consumer's order by the Shop. The sales of the product included in the order shall be the subject of the agreement.
Terms of payment and shipping.
1. The total cost of the order shall cover the value of the ordered products and the fee for delivery of the purchased products to the Consumer. The cost of the order shall be borne by the Consumer. The information on the total cost of the order and the payment date shall be provided to the Consumer prior to placing the order by it. In the case of no other reservations, the payment date for the products ordered shall be 5 business days from the date of placing the order by the Consumer. If payment is not made within this date, the Shop shall cancel the order, immediately reporting it to the Consumer on a durable carrier.
2. Payments in the online shop may be made by a bank transfer or a payment card and received via Dotpay or on the consignment delivery by the courier.
3. Consignments shall be delivered by the courier company DPD Sp. z o.o., ul. Mineralna 15, 02-274 Warsaw, Customer Service Office, telephone: +48 22 577 55 55 or 801 400 373, to the address indicated by the Consumer in the order.
4. Outside the European Union, the Consumer may be obliged to pay the customs duty. The amount of the customs duty is specified based on internal regulations of each country.
6. The Shop reserves the right to suspend processing of the order and to verify it in the case of justified doubts concerning the reliability of the order form filled in or the order placed.
Conditions of withdrawal from the Agreement
1. The Consumer may withdraw from the agreement concluded with the Shop without giving reasons therefor and without additional costs within 14 days from the date of receipt of the order. The Shop shall inform the Consumer on the rights and conditions relating to withdrawal from the agreement as of placing the order by it. In addition, along with the confirmation of the agreement conclusion by the Shop, the Consumer shall receive the withdrawal from the agreement form.
2. The Consumer may file the statement on withdrawal from the agreement in writing to the Shop address indicated in § 1 section 1 of the Regulations or via e-mail, sending the statement to the Shop address: firstname.lastname@example.org
3. If the Consumer withdraws from the agreement, the Shop shall refund to the Consumer the amount equal to the product price, including the cost of shipping the product to the Consumer. The refund shall be made forthwith, however not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the agreement. The payments shall be refund withing 5 business days by a bank transfer to the account indicated by the Consumer or by a postal order to the address indicated in the order after receipt of the product by the Shop or delivery of the proof of sending the product back by the Consumer. The payment shall be refund using the same payment method as that used by the Consumer, unless the Consumer agrees to other payment refund method.
4. In the case of the product return as a result of withdrawal from the agreement, the Consumer shall bear direct costs of the product return.
5. The Consumer shall be obliged to return the product to the Shop or provide it to a person authorized by the Shop forthwith, however not later than within 14 days from the day on which the Consumer withdrew from the agreement. In order for the Consumer to meet the product return date, it shall be sufficient to send it back prior to lapse thereof.
6. The product shall be returned in an unchanged state, which means that the product must not be damaged or destructed in any way. The product shall be returned including the packaging. The returned product shall be sent back along with the received VAT invoice or the receipt. If the product value is decreased as a result of using it in a manner exceeding that necessary to ascertain the product properties, features and functioning, the Consumer shall bear the proportional costs of the decreased product valued.
7. The Consumer shall not have the right to withdraw from the agreement in the case of sale of a perishable product or that with a short expiry period, and with respect to products delivered in a sealed packaging that, once opened, cannot be returned due to health protection or for hygiene reasons, if the packaging was opened after delivery of the product.
1. The Shop undertakes to deliver the product to the Consumer in a state free of defects. For the product delivered to the Consumer, the Shop shall grant a warranty in accordance with the Civil Code, for the period of 24 months counting from the day on which the product was provided to the Consumer.
2. The warranty shall not apply if the product was mechanically damaged for reasons not attributable to the Shop, in particular as a result of improper use of the product.
3. As part of the warranty rights, the Consumer shall be authorized to demand: a) replacement of the product or removal of the defect; instead of the defect removal proposed by the Shop, the Consumer may demand that the product be replaced for a product free of defects or instead of replacement of the product demand that the defect be removed, unless causing the product to be compliant with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs as compared to the manner proposed by the Shop; b) reduction of the price with indication of the amount by which the price is to be reduced or withdrawal from the agreement; such right shall not be granted if the Shop replaces the defective product for that free of defects or removes the defect forthwith and not causing any inconveniences for the Consumer. This limitation shall not apply if the product has already been replaced or repaired by the Shop. The Consumer cannot withdraw from the agreement if the defect of the product is insignificant;
4. If during the use of the product, the Consumer finds any defects, it should contact the Sales Department, telephone: +48 791 79 79 17 5. If after receipt of the product the Consumer finds any defects or damage created during delivery, it should send it back to the following address: Natural Element sp. z o.o., ul. Biały Kamień 2/10, 02-593 Warsaw, Poland, with the inscription "online Shop". The sent back product should be accompanied by the proof of purchase (invoice or a document confirming the order), including a short description of the product damage. Any complaints shall be considered within 14 business days from their receipt at the latest. Within this period the Consumer shall be informed in writing on the complaint settlement method. The damaged product shall be replaced for that free of defects and if this is impossible (e.g. if the stock does not last any more), the Shop shall refund to the purchaser the amount equal to the product price or offer other products available in the Shop. After considering the complaint the product shall be sent back at the expense of the Shop.
1. Personal data included in the registration form shall be stored and processed in a manner compliant with the scope of the authorization provided by the Consumer and provisions of Polish law, in particular with the act on personal data protection of August 29, 1997 (Journal of Laws No. 133, item 883, as amended). The registration form includes data allowing for determination of the user identity, i.e. personal and contact data. However, it is necessary to fill in only some parts thereof, containing data required for transactions resulting from the civil law and relating to the sales agreement. It is possible for each Consumer who filled in the registration form to access the data in order to verify, modify or remove it. The Shop does not transfer, re-sale and lend the collected personal data of its customers to other persons or institutions.
2. Rights and obligations of the parties under the concluded agreement are regulated in the act of May 30, 2014 on the consumer rights (Journal of Laws of June 24, 2014, item 827) and in the act of April 23, 1964 - Civil Code (Journal of Laws, 2014.121, as amended).
3. The product sales agreement shall be concluded in accordance with the Polish law and in the Polish language.
4. Any disputes resulting from the sales agreement shall be settled by the court of local jurisdiction in accordance with general jurisdiction. 5. In the case of any errors or mistakes in the information published by the Shop, please send information on the noticed irregularities to the following e-mail address: email@example.com 6. The Regulations shall be effective as of September 01, 2016.