Terms of service

§ 1. Priliminary Provisions 1. The online store www.gonature.pl is run by is GoNature Sp. z o.o. with headquarters located at Poznań at Plac Andersa 7, NIP (VATIN) PL7792477677, REGON 369010366, entered in the Register of Entrepreneurs kept by the Poznań District Court - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000710090, with share capital of PLN 50,000, e-mail: info@gonature.pl 2. The following Regulation defines the rules of using the Online Store, in particular the rules for registering and using the account as part of the Online Store, terms and conditions for submitting orders via the Online Store, terms of concluding Sales Agreements using the services provided as part of the Online Store and rules of complaint procedures. 3. The following Regulation is addressed both to consumers and entrepreneurs who are using the Online Store, with the exclusion of provisions that are addressed solely to the Customer, who is a consumer. 4. Technical requirements, necessary to cooperate with the ICT system, used by the Online Store: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser recommended: Google Chrome version 23.0. and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser. § 2. Definitions 1. GoNature Sp. z o.o. with headquarters located at Poznań at Plac Andersa 7, NIP (VATIN) PL7792477677, REGON 369010366, entered in the Register of Entrepreneurs kept by the Poznań District Court - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000710090, with share capital of PLN 50,000, e-mail: info@gonature.pl 2. Individual Customer Account – an element of the Online Store www.gonature.pl (operating in the store under the term Account), marked with an individual name (login) and password provided by the Customer, giving the opportunity to do shopping without re-entering customer identification data. 3. Customer - a natural person with a full capacity for legal actions, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, to which the Act grants full capacity for legal actions - for which, according to the Regulations and legal regulations, electronic services may be provided or with which a Contract of Sale may be concluded. 4. Civil Code – the Act of 23 April 1964 (consolidated text: Journal of Laws of 2017, item 459, 933, 1132, as amended); 5. Consumer – a natural person making a legal transaction with an entrepreneur, which is not directly related to their business or professional activity, including the purchaser of the Product, for reasons not related to their business or professional activity; 6. Cart – an element of the Online Store www.gonature.pl, where the Customer completes their order details, such as quantity and type of Products. 7. Newsletter –commercial information sent via e-mail, which allows all Customers to receive automatic, cyclical content containing information about the products, new products and promotions inside the Online Store. 8. Privacy Policy – a set of rules regarding the processing and protection of the Customer’s personal data, which is an integral part of the Regulations available inside the Online Store; 9. Product – a movable property, available at the Online Store, which is the subject of the Sales Agreement. 10. Regulations - these Regulations for the provision for the Online Store’s Customers’ electronic services, referred to in Article. 8 of the Act of 18 July 2002 on the provision of electronic services ((consolidated text: Journal of Laws of 2017, item 1219, as amended) 11. GDPR Regulation – Regulation made by the European Parliament and by the (EU) Council No. 2016/670 of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC. 12. Online Store - an IT platform managed by GoNature Sp. z o.o., operating at the following address: www.gonature.pl, enabling Clients to place orders for Products. 13. Sales contract - a product sales contract contained within the meaning of the Civil Code, concluded between the Customer and GoNature Sp.z o.o., concluded via the Online Store. 14. The Act on Protection of Personal Data – Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000). 15. Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683,2361, as amended); 16. Act on the provision of electronic services – the Act of 18 July 2002 concerning electronic services (consolidated text: Journal of Laws of 2017, item 1219, as amended) 17. Orders - Customer's declaration of intent, aimed directly at the conclusion of the Product Sales Agreement with GoNature Sp. z o.o., specifying the type and quantity of Products, customer data, delivery address, delivery method, payment method, invoice data and other data. § 3. Terms and Conditions of using The Online Store 1. The following Electronic Services are available in the Online Store: Individual Customer Account, Order Form and Newsletter. 2. In order to create an Individual Customer Account on the Online Store www.gonature.pl, it is necessary to fill out the registration form. In the Registration Form, the Customer must provide the following data: name and surname, e-mail address and password. In the registration form, the Customer may add their delivery address and date of birth. The condition of registration is acceptance of the Regulations and consent to the processing of personal data for purposes within the range and upon the principles set out in the Privacy Policy, published on the Online Store’s website. 3. After registering on the Online Store, logging in is done by using a distinctive login and password, which is provided during the registration process. 4. The Customer obliges to keep the login details confidential and to not disclose them to third parties. 5. Products ordered by the Customer, after logging in to their Individual Customer Account are considered as ordered by the Customer. 6. Creating and using an Individual Customer Account is free. 7. The Customer at any time may delete the Individual Customer Account, without giving a reason and without bearing costs. For this purpose, please send an e-mail request to the following address: info@gonature.pl or in writing to: GoNature Sp. z o.o., Plac Andersa 7, 61-894 Poznań. 8. The Customer is prohibited to provide unlawful content and exploit the Website GoNature Sp. z o.o. or the free services provided by GoNature Sp. z o.o., in a manner contrary to the law, good practice or violation of the third party’s personal rights. 9. GoNature Sp. z o.o. may deprive the Customer’s right to use the Online Store, as well as limit their access to some or the entire content of the Online Store's resources, with immediate effect, if the Customer violates the Regulations, in particular when the Customer: a. during the registration on the Online Store, provides data that is untrue, inaccurate, out of date, misleading, or violates the third party’s rights. b. has committed, via the Online Store, infringement of personal rights of third parties, particularly the personal rights of other Customers of the Online Store. c. engages in other behaviours, which are considered by GoNature Sp. z o.o., as not in accordance with the applicable law or general rules of use on the Internet or harmful to the GoNature Sp. z o.o reputation. 10. A person, who has been deprived of the right to use the Online Store, may not re-register without the prior consent of GoNature Sp. z o.o. § 4. The Procedure for concluding and executing the Sales Agreement 1. Placing an Order – subject to paragraph 2 – takes place by creating of an Individual Customer Account, and / or by logging in to your Individual Customer Account, selection of product ordered through the Online Shopping Cart and completing the Order Form. It is necessary for the Customer to provide / confirm, in the Order Form, the following data concerning the Customer’s: name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement(s): the quantity of Product(s), Product(s) delivery method and location of delivery, method of payment. In case of a Customer who is not considered as a consumer, it is necessary to provide / confirm by such a Customer the following data: the Customer’s tax identification number (NIP), the entrepreneur’s business name, business address / headquarters address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data concerning the Sale’s Agreement: Product (s), Product(s) quantity, Product(s) delivery method and location, method of payment. 2. The requirement to create and use an Individual Customer Account does not apply to customers using the Online Store in the "Guest" method. In this case, the Customer must complete the Order Form before placing the definitive Order, by entering the data required by the Service Provider, to identify, conclude and execute the Sales Agreement referred to in paragraph. 1. 3. The electronic service of The Order Form is provided free of charge, one-off, and terminated when the Customer places an Order through it, or when the Customer earlier discontinues the Purchase Order through it. 4. Prices of Products available on the Online Store, at the time of placing an order by the Customer, are binding for the Customer and GoNature Sp. z o.o. Product prices that are available on the website. www.gonature.pl, are gross prices (including VAT). 5. The prices of Products, specified on the Store’s Online website, do not include the Product shipment costs. The shipping cost, which amount is indicated in the shopping cart, is added to the Product, before the Customer confirms the final order. Shipping costs depend on the Product delivery method, and on the value and size of the Order. 6. Information about the Products available at the Online Store’s selection does not constitute as an offer defined by the Civil Code. Information about the Products given on the Online Store is an invitation to submit offers by Clients, as defined in Art. 71 of the Civil Code. 7. The selection of products, ordered by the Customer, takes place through the Shopping Cart, in which you can modify the order. If the Products are not available at the Online Store's warehouse, it is not possible to add them to the Shopping Cart. 8. The confirmation of the Shopping Basket’s contents, is finalised by clicking the „ I am ordering and paying” button. 9. In order to finalise the Order, fill out the Order Form with information regarding: a. Place of delivery b. Selecting the delivery method c. Choosing the payment method 10. The Online Store makes shipments within Poland via: a. GLS b. Pocztex - Package 48 c. Pocztex - Collection at point d. InPost - Paczkomaty 11. Shipment with the option of payment-on-delivery is carried out via GLS and is executed only within Poland. 12. The Online Store reserves the right to complete payment-on-delivery orders only after a telephone confirmation of placing an order, by the Customer. 13. The Online Store performs shipments within the EU only through GLS. 14. Delivery is carried out in accordance with the GLS, Pocztex, Inpost companies’ service regulations, and principals specified therein. 15. The Online Store accepts the following forms of payment: a. Cash b. Bank transfer to: GoNature Sp. z o.o. Plac Andersa 7 61-894 Poznań Account No. : PL 50 1140 2004 0000 3102 7771 7010 c. PayLane i. Fast transfer ii. Payment by credit card 16. The Order sent-in by the Customer constitutes a declaration of will to conclude a Sale Agreement with GoNature Sp. z o.o., in accordance with the content of the following Regulations. 17. The Sales Agreement shall be considered as finalised upon receiving an e-mail, containing the final confirmation of all the relevant Ordered products, by the Customer 18. Consolidating, protecting and providing the Customer with the content of the Sales Contract concluded by making the Regulations available on the Online Store website and sending the e-mail message referred to in paragraph. 17. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Internet Store GoNature Sp. z o.o. 19. Execution of (1) Customer payable on delivery orders - shall take place immediately or after a telephone confirmation of order placement, (2) of Orders paid by bank transfer - after posting the payment on the company account of GoNature Sp. z o.o., (3) Order paid by PayLane- upon confirmation of payment. 20. An Unpaid Order is annulled after 7 days. § 5. The Right to withdraw from a Contract 1. Each customer, who is a consumer within the meaning of Art. 221 of the Polish Civil Code and using the Online Shop, has the right to withdraw from the contract within 14 days without providing any reason, in accordance with Art. 27 of the Act on consumer rights and in accordance with § 5 of these Regulations. 2. The deadline to withdraw from the contract expires after 14 days: a. In the case of an agreement requiring the transfer of property of goods (eg Sales Contracts) – from the date that the Customer comes into possession of the item or the date that a third party, indicated by the Customer, other than the carrier, came into possession of the item. b. In the case of an agreement requiring the transfer of property of many goods, which are delivered separately – from the date that the Customer comes into possession of the last item, or the date that a third party indicated by the Customer, other than the carrier came into possession of the last item.”; c. In the case of an agreement requiring the transfer of property of goods delivered in batches or in parts – from the date that the Customer comes into possession of the last batch or part, or when a third party, indicated by the Customer, other than the carrier, comes into possession of the last batch or part. 3. In order to keep the deadline of the contract withdrawal from, it is sufficient enough that the Customer sends information regarding the exercise of their right to withdraw from the contract, before the withdrawal deadline. In the case of sending a statement by post, to the address indicated by the Online Store, the date is determined by the postmark. 4. The declaration of withdrawal from the contract may be submitted in any form. The consumer may use the model withdrawal form attached as Annex No. 1 to these Regulations, which however is not mandatory. 5. The declaration of withdrawal from the contract may be submitted, for example: a. in writing, to the following address: GoNature Sp. z o.o., Plac Andersa 7, 61-894 Poznań. b. in electronic form, via e-mail to the following address: info@gonature.pl; c. personally, at the registered office of the Company. 6. In the event of withdrawal from the contract, GoNature Sp. z o. o. returns to the Customer, all payments received from the them, including the cost of delivery (except for additional costs resulting from the delivery method chosen by the Customer, other than the cheapest method of delivery offered by GoNature Sp. z o. o.), immediately, and in each case not later than 14 days from the date GoNature Sp. z o.o. was informed about the Customer's decision to exercise the right to withdraw from the contract. 7. The payment return will be done, by using the same payment methods that The Customer used in the transaction, unless the Customer explicitly agrees to a different solution. In each case, the Customer will not incur any fees in connection with the return of the payment. 8. If GoNature Sp. z o.o. does not offer to pick up the Product from the Consumer, they may withhold the refund of the payments received from the Consumer, until the Product has been returned or the Consumer provides evidence of its return, depending on which event occurs first. 9. The Consumer has the obligation to return the Product to GoNature Sp. z o. o. immediately, no later than within 14 days from the date they have withdrawn from the contract. z o.o. The Consumer may also pass it to a person authorised by GoNature Sp. z o.o. to collect the Product, unless GoNature Sp. z o.o. declares that they will collect the Product themselves. To meet the deadline, it is expected that the Consumer return the Product before its expiry date. The Consumer may return the product to the following address: GoNature Sp. z o.o., ul. Batorowska 30, 62-070 Dąbrówka, Poland. The returned Product should be packed in an appropriate manner, ensuring no damage is done to the shipment during the transport. 10. As a result of using the Product in a way, which goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, the Consumer is held liable for the diminished value of the Product, 11. If the Consumer has chosen a Product delivery method, other than the cheapest standard delivery method, available at the Online Store, the Seller is not obliged to refund the additional costs incurred by the Seller. The Consumer bears direct costs connected with the Product return. 12. The Consumer is not entitled to the right to withdraw from an off-premises or distance contract, in relation to the following contacts: a. for the provision of services, if the entrepreneur has fully performed the service with the Consumer’s prior express consent, who had been informed, prior to the beginning of the service, that after the entrepreneur has fulfilled the service, they lose the right to withdraw from the contract; b. whose price or remuneration is dependent on fluctuations on the financial market, over which the entrepreneur has no control, and which may occur before the deadline for withdrawal from the contract; c. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy their individual needs; d. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life; e. in which the subject of the service is an item delivered in a sealed package, after opening the packaging, the product can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; f. in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things; g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations on the market over which the entrepreneur has no control; h. in which the Consumer explicitly demands that the entrepreneur personally comes to them, for urgent repair or maintenance; if the entrepreneur provides additional services other than those which performance the Consumer demanded, or supplied items other than spare parts, necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the Consumer with regard to additional services or items; i. in which the object of the service is sound, visual recordings, or computer programs delivered in a sealed package, when the package has been opened after delivery; j. for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement; k. concluded through a public auction; l. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; m. for delivery of digital content, that is not supplied on a tangible medium, if the fulfillment of the service has began with the consumer's prior express consent, before the deadline for the contact withdrawal and after being informed, by the entrepreneur, about losing the right to withdraw from the contract. § 6. Complaints and Consumer dispute settlements 1. GoNature Sp. z o.o. is committed to provide the Customer with a Product free from any defect. 2. GoNature Sp. z o.o. is liable to the Customer, if the sold item has any physical or legal defect, in accordance with the terms and rules provided under The Civil Code Act. of 23 April 1964. 3. Complaints related to the non-compliance of the Product with the contract may be submitted in person or in writing to the address of GoNature Sp. z o.o. Plac Andersa 7, 61-894 Poznań. 4. GoNature Sp. z o.o. will consider and respond to the complaint submitted by the Customer immediately, no later than within 14 days from the date of submitting the complaint. 5. In order to facilitate and accelerate the complaint handling process, it is recommended that the Customer provide in the complaint description the following information: (1) information and circumstances regarding the subject of the complaint, in particular, type and date of the occurred defect; (2) request a way to bring the Product into compliance with the Sales Agreement or a statement to reduce the price or withdrawal from the Sales Agreement; and (3) contact details of the party submitting the complaint. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description. 6. The Customer, who is a consumer, has the opportunity to use extrajudicial ways to handle complaints and enforcement of claims. In particular, the Customer may request the initiation of mediation proceedings to the Voivodship Trade Inspector or ask the Permanent Consumer Arbitration Court operating with the Voivodship Trade Inspector with a request to settle the dispute. In order to make use of out-of-court methods to handle complaints and enforcement of claims, consent of both parties is necessary. 7. The Customer, who is a consumer, may take advantage in the form of assistance to resolve the dispute with the seller, and obtain free legal advice or information from the district (municipal) consumer ombudsman or social organisation, whose statutory tasks include consumer protection, amongst others: The Association of Polish Consumers and The Federation of Consumers. 8. Detailed information regarding the Customer’s possibility to use the extrajudicial method of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the Office of Competition and Consumer Protection’s Website at the following address: http://www.uokik.gov.pl/spory_konsumenckie.php. 9. An online platform, for settling disputes between consumers and businesses at the EU level (ODR platform), is available at the website: http://ec.europa.eu/consumers/odr 10. Settlement of potential disputes arising between GoNature Sp. z o. o., and the Customer, who is a consumer within the meaning of art. 221 of the Polish Civil Code, shall be referred for determination to the competent court of law in accordance with the appropriate provisions of the Code of Civil Procedure. 11. Settlement of potential disputes arising between GoNature Sp. z o. o., and the Customer, who is a consumer within the meaning of art. 221 of the Polish Civil Code, shall be referred for determination to the competent court of law, which has jurisdiction over the GoNature Sp. z o. o. company’s registered office. § 7. The Privacy Policy and Personal Data Protection 1. The administrator of personal data provided by customers of the store is GoNature Sp. z o.o. with headquarters located at Poznań at Plac Andersa 7, NIP (VATIN) PL7792477677, REGON 369010366, entered in the Register of Entrepreneurs kept by the Poznań District Court - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000710090, with share capital of PLN 50,000, e-mail: info@gonature.pl 2. The Online Store conducts a policy of protecting and processing the Customers’ personal data in accordance with the Act of 10 January 2018 on the protection of personal data, and the GDPR Regulation. Providing personal information is voluntary. The customer has the right to inspect their personal data and to correct and delete it. 3. Detailed objectives, scope and rules of collecting, processing and storing personal data by the Online Store, are described in the Privacy Policy, and are available at any time on the website www.gonature.pl. 4. The customer may agree to receive from GoNature Sp. z o. o. commercial and marketing information via e-mail to the address provided by the Customer, in The Customer may opt out of receiving the Newsletter, at any time, by sending an appropriate request to GoNature Sp. z o.o., both via e-mail to the following address: info@gonature.pl, or in writing to: GoNature Sp. z o.o., Plac Andersa, 61-894 Poznań. § 8. Final Provisions 1. GoNature Sp. z o.o. owns the copyrights and the appropriate license for photos and content posted or contained on the Online Store’s website. Copying and distributing it, without the consent of GoNature Sp. z o.o., is forbidden. 2. The Products’ names and Trademark, posted on the Online Store’s website may be protected under the provisions Act on Industrial Property Law of 30 June 2000. 3. Matters, not addressed in the Regulations, are subject to generally applicable law regulations, including the Act of 23 April 1964, of the Polish Civil Code, the Act of 30 May 2014 on Consumer Rights and the Act of 29 August 1997 on the Protection of Personal Data. 4. GoNature Sp. z o.o. reserves the right to change these Regulations. Each order accepted by GoNature Sp. z o.o., before the implementation date of the new Regulations, is completed on the basis of the Regulations, which were in effect during the date of placing the Order, by the Customer. The amendment to the Regulations shall enter into force within 14 days from the date of publication on the Store’s Website. GoNature Sp. z o. o. will inform the Customer, through an electronically sent message that contains a reference to the text of the amended Regulations, at least 14 days prior to the date, the new Rules and Regulations become effective. In the event that the Customer does not accept the content of the new Regulations, they may terminate the contract within 14 days from the date of notification. 5. These Regulations apply to contracts concluded from the date of May 25, 2018.