TERMS AND CONDITIONS OF THE ONLINE SHOP

Paragraph 1 – Preliminary provisions

The PURE STORY internet shop, available at www.purestory.pl, is run by DR RYMSZA with its registered office in Józefosław 05-509, ul. Księżycowa 26, NIP: 8981027591, REGON: 930788376.

These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Shop and specify the principles of using the Online Shop and the principles and mode of concluding Sales Agreements with the Customer at a distance through the Shop.

 

Paragraph 2 – Definitions

 

  1. Consumer – a natural person concluding a contract with the Seller within the Shop, the subject of which is not directly related to his business or professional activity.
  2. Seller - DR RYMSZA, NIP: 8981027591, REGON: 930788376.
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to whom a separate act grants legal capacity, performing in its own name business activity, which uses the Store.
  5. Shop – an online shop run by the Seller at the Internet address www.purestory.pl
  6. Distance agreement – an agreement concluded with the Customer under an organized system of concluding distance agreements (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication until the time of concluding the agreement inclusive.
  7. Rules and Regulations – these Rules and Regulations of the Store.
  8. Order – a declaration of will of the Customer made using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
  9. Account – customer’s account in the Store, where data given by the Customer an information about Orders placed by the Customer in the Store are collected.
  10. Registration Form – a form available in the Store, enabling the creation of an Account.
  11. Order Form – an interactive form available in the Store, enabling placing an Order, in particular by adding Products to the Basket and specifying the terms and conditions of the Sales Agreement, including the method of delivery and payment.
  12. Basket – an element of the Store’s software which shows the Products selected by the Customer for purchase, as well as the possibility of determining and modifying the Order data, in particular the quantity of products.
  13. Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – an agreement for the sale of a Product concluded or concluded between the Customer and the Seller via the Internet Shop. A Sales agreement shall also be understood as a contract for the provision of services and a contract for specific work, in accordance with the characteristics of the Product.

 

Paragraph 3 - Contact with the Store

 

  1. The Seller's address for sending postal correspondence:

DR RYMSZA, ul. Księżycowa 26, 05-509 Józefosław.

  1. The Seller's e-mail address: info@purestory. pl
  2. Seller's phone number: + 48 500 435 453
  3. The bank account number of the Seller:

- for payments in PLN: 94 1050 1025 1000 0097 0987 3773

- for payments in EURO: 87 1050 1025 1000 0097 1701 3487

  1. The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
  2. The Customer may communicate with the Seller by phone between 9.00 a. m. and 4. 00 m.

 

 

Paragraph 4 - Technical requirements

 

To use the Store, including browsing the Store's assortment and placing orders for

Products, you must have:

  1. a terminal device with Internet access and a compatible Internet browser
  2. an active e-mail account (e-mail),
  3. the use of cookies is enabled,
  4. FlashPlayer installed.

 

Paragraph 5 - General information

 

  1. The Seller to the fullest extent permitted by law shall not be liable for any disruptions,

including interruptions in the functioning of the Store caused by Force Majeure, illegal actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.

  1. Reviewing the Shop's assortment does not require the creation of an Account. Placing orders by the Customer for Products in the range of the Store is possible either after setting up an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal data and addresses to enable the implementation of the Order without setting up an Account.
  2. Prices given in the Shop are given in PLN or EUR and are gross prices (including VAT).
  3. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including the time of expressing the will to be bound by the Sales Agreement.

 

 

 

Paragraph 6 - Opening an Account in a Store

 

  1. In order to create an Account in the Store, you must fill in the Registration Form. It is necessary to provide the following data: first name, surname (name), address, telephone, e-mail.
  2. Opening an Account in the Store is free.
  3. Logging in to the Account takes place by providing the login and password established in the Registration Form.
  4. The Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

 

Paragraph 7 - Principles of placing an Order

 

  1. Information about Products available in the range of the Store does not constitute an offer within the meaning of the Civil Code. Information on Products provided on the Store's website constitutes an invitation to submit offers by Customers. When placing an order in the Store, the Customer submits an offer to the Seller to conclude a Sales Agreement for a selected Product. The conclusion of a sales agreement requires the Customer to place an order and then confirm to the Customer the acceptance of the order for processing by the Seller.
  2. In order to place an Order, it is necessary to:
  3. log in to the Store (optional);
  4. select the Product being the subject of the Order, and then click the "Add to cart"; button (or equivalent);
  5. log in or use the possibility to place an Order without registration;
  6. if the possibility of placing an Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address at which the Product is to be delivered, choose the type of shipment (method of Product delivery), enter the data in the invoice if different from the data of the recipient of the Order,
  7. click on the "Order and Pay"; button / click on the "Order and Pay"; button and confirm the order by clicking on the link sent in the e-mail,
  8. choose one of the available payment methods and, depending on the payment method, pay the order within a specified period, subject to § 8 point 1 a).

 

 

Paragraph 8 - Delivery and payment methods offered

 

  1. The Customer placing an order in the Online Shop may use the following payment methods:
  2. electronic payment (on-line transfer) - payment through a settlement agent, which is Przelewy 24 Online payment security provides Dialcom24 Sp. z o. o. ul. Kanclerska 15, 60-327 Poznań, NIP 781-173-38-52, REGON 634509164, District Court Poznań, VIII Commercial Department of the National Court Register No. KRS 0000306513, the amount of share capital: PLN 1,697,000;

PAYPRO S. A. ul. Kanclerska 15, 60-327 Poznań NIP 779-236-98-87, REGON 301345068, District Court Poznań, VIII Commercial Division of the National Court Register No. KRS 0000347935, share capital: PLN 4,500,000.

 

  1. payment by credit card - Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. This payment is made through a settlement agent, which is PayPro SA Settlement Agent, 15 Kanclerska Street, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, NIP 77923698877, Regon 301345068.

 

  • The Customer may use the following methods of delivery of the ordered Product:
  1. courier delivery - on the territory of Poland and selected European countries.
  2. Delivery abroad outside the zones listed in point 1 is agreed individually with the Seller and depends on the possibility of delivery. The seller has the right to refuse to ship.
  • Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

 

 

Paragraph 9 - Performance of a sales contract

 

  1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop pursuant to § 7 of the Regulations, makes payment for the ordered Product (except when the Customer chooses the option "on-demand";) and confirms the acceptance of the Order for implementation by the Seller.
  2. If the Customer chooses the "cash on delivery"; option, the conclusion of the Sales Agreement takes place after the Customer places an Order using the Order Form in the Online Shop pursuant to § 7 of the Regulations and the Seller confirms the acceptance of the Order for processing.
  3. During the ordering process, the Seller shall send e-mail information to the Customer at least twice. The first information is generated automatically and contains information about the receipt of the Order. The second e-mail information contains information about the acceptance of the Order for processing and is sent after receipt of payment from the Customer (except when the Customer has chosen the "cash on delivery"; option).
  4. In the event that the execution of the order placed by the Customer is not possible due to lack of availability of the Product, components needed to produce the Product or interruption in production, the Seller shall inform the Customer about this fact within three working days from the date of placing the order, sending a message to the e-mail address indicated by the Customer. In the event that parts of the Products covered by the order are not available, the Customer shall decide whether the order is to be processed partially or completely cancelled.
  5. In the case of payment by the Customer and non-acceptance of the Order to the Order by the Seller, the full amount paid or the amount of the non-executed part is returned to the account of the Customer without any additional fees within a maximum of five working days of sending information (e-mail) informing about non-acceptance of the Order for execution.
  6. Products ordered in the Store are sent to the delivery address indicated by the Customer at the time of placing the order in Poland and other European countries (after confirmation of such possibility) within twenty working days from the date of concluding the Agreement (i. e. meeting three conditions - proper order placement, confirmation of acceptance of the Order for processing by the Seller and payment for the ordered Product by the Customer, except if the Customer chooses the option "cash on delivery";). The order completion period begins on the day when the last of the three conditions required to conclude the Agreement is fulfilled.
  7. The Seller reserves the right to extend the deadline for the execution of the order exceeding twenty working days in justified cases. If the order completion date is longer than twenty working days, the customer will be informed about it and has the right to cancel the order and refund the amount paid.
  8. The Seller shall not be liable for incorrectly filled in by the Customer delivery address and/or telephone number. In the case of re-shipment to the correct address of the Customer - the Customer is obliged to cover the costs of re-shipment.
  9. Delivery of the parcel to the Customer is carried out by a courier company. Delivery to the Customer will be made no later than on the third working day after sending the Product.
  10. The courier company tries to deliver the Product to the Customer twice. After the second, ineffective attempt to deliver the shipment, the Product will be returned to the Seller, about which the Customer will be notified via e-mail to the e-mail address given at the time of placing the order. In the case of Products in which payment was to be made in cash on delivery, after the second unsuccessful attempt to deliver the shipment, the order will be completely cancelled.
  11. In the case of orders abroad, the parcel is delivered by courier, unless the Customer and the Seller agree on another form of delivery. Delivery abroad requires confirmation of this possibility by the Seller.
  12. The Seller shall deliver the Product to the Customer together with a sales document in the form of a receipt, invoice or VAT invoice. The VAT invoice delivered to the Customer together with the Product constitutes the confirmation of the conclusion of the contract.

 

Paragraph 10 - 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 Regulations, within 14 days without giving any reason.
  2. The period for withdrawal from the contract expires after 14 days from the day:
    • On which the consumer acquires possession of the goods or on which a third party other than the carrier and indicated by the consumer acquires possession of the goods.
    • Where the consumer acquires possession of the last item or where a third party other than the carrier and indicated by the consumer acquires possession of the last item in the case of a contract which requires the transfer of ownership of several items supplied separately.
  3. In order to exercise the right of withdrawal, the Consumer must inform the Seller, using the data given in § 2 of the Regulations, of his decision to withdraw from the contract by way of an unambiguous statement (for example, a letter sent by post or information sent by e-mail).
  4. The consumer may use the template withdrawal form placed at the end of the Terms and Conditions, however, it is not mandatory.
  5. In order to respect the withdrawal period, it is sufficient for the consumer to send an information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.

 

 

MODEL WITHDRAWAL FORM

(this form must be completed and returned only in the event of withdrawal)

  1. DR RYMSZA

KSIĘŻYCOWA 26, 05-509 JÓZEFOSŁAW e-mail address: info@purestory. pl

- I,  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I hereby give notice of my withdrawal from the contract of sale of the following items:

 

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- Date of receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

 

- Consumer(s)'; address(es)

Consumer's signature

(only if the form is sent on paper)

 

 

The date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(*) Delete where not applicable

 

 

Paragraph 11 - Effects of withdrawal from a contract

 

  1. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of goods (except for additional costs arising from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately, 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 to withdraw from the contract.
  2. The Seller shall refund the payment using the same methods of payment as those used by the Consumer in the original transaction, unless the Consumer agrees otherwise and in any event the Consumer shall not bear any fees in connection with that refund.
  3. The Seller may withhold the return of payment until the goods have been received or until proof of return has been provided, whichever is the earlier.
  4. The Seller asks to return the goods to the address: ul. Księżycowa 26, 05-509 Józefosław immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller of the withdrawal from the contract of sale. The deadline is met if the consumer sends back the goods before the expiry of the deadline of 14 days.
  5. The consumer shall bear the direct cost of returning the goods.
  6. The consumer shall only be liable for any diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  7. If the goods, due to their nature, cannot be normally returned by post, the consumer will also have to bear the direct cost of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Shop or when placing an order.
  8. If it is necessary to return funds for a transaction made by the Buyer with a payment card, the Seller shall return them to the bank account assigned to the Buyer's payment card.

 

 

Paragraph 12 - Exceptions to the right of withdrawal

  1. The Seller points out that for some products (especially creams), as indicated below, due to the short shelf life or opening after delivery, in the case of products delivered in sealed packaging, for health or hygiene reasons, it may not be possible to return them (i. e. to withdraw from the contract).
  2. The right of withdrawal from a distance contract shall not be granted to the consumer in respect of the contract:
    1. In which the object of performance is a thing that is subject to rapid deterioration or has a short shelf life.
    2. In which the subject matter of the performance is a thing delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging was opened after delivery - including, among others, creams, gels, peelings, butter sold in the Store and delivered in sealed packaging.
  3. The right to withdraw from the contract concluded at a distance shall not be vested in an entity other than the Consumer.

 

Paragraph 13 – Complaint

 

  1. The Sales Agreement covers Products freshly manufactured by the Seller at the Customer's request. The Seller undertakes to deliver the Product without defects to the Customer.
  2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint under the provisions of the Civil Code warranty.
  3. Complaints should be reported in writing or electronically to the Seller's addresses given in these Regulations.
  4. It is recommended that the complaint should include, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defect in the goods.
  5. The Seller is not responsible for product defects resulting from faulty storage of the Product (e. g. : storage outside the refrigerator).
  6. Goods sent back under the complaint procedure should be sent to the address given in § 3 of these Regulations.
  7. Complaints will be considered within two weeks from the receipt of the complaint in writing.

 

Paragraph 14 - Out-of-court complaint and redress procedures

 

  1. detailed information concerning the Consumer's access to out-of-court complaint and redress procedures and the rules of access to these procedures are available in the offices and on the websites of county (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

http://www. uokik. gov. pl/spory_konsumerckie. php;

http://www. uokik. gov. pl/sprawy_indywidualne. php and

http://www. uokik. gov. pl/wazne_addresses. php.

  1. The consumer shall have the following examples of out-of-court means of dealing with complaints and redress.
  2. The consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
  3. Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
  4. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e. g. the Federation of Consumers, the Polish Consumers Association).

 

 

Paragraph 15 - Personal data in the Online Shop

 

  1. The administrator of personal data of Customers collected through the Internet Shop is the Seller.
  2. personal data of Customers collected by the administrator via the Internet Shop are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  3. The recipients of the personal data of the Customers of the Online Store may be:
  4. In the case of a Customer who uses the method of delivery in the Online Shop by mail or courier, the Administrator shall make the collected personal data of the Customer available to a selected carrier or intermediary carrying out shipments on behalf of the Administrator.
  5. In the case of a Customer who uses the electronic payment method or payment card in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Internet Shop.
  6. Customer has the right to access the content of their data and correct them.
  7. Providing personal data is voluntary, however, failure to provide personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the impossibility of concluding such an agreement.

 

 

Paragraph 16 - Final provisions

 

  1. Contracts concluded through the Internet Shop are concluded in Polish.
  2. The Seller reserves the right to make changes to the Terms and Conditions. Amendments shall be announced in such a way that the full, completed text of the Rules of Procedure replaces the previous text of the Rules of Procedure on the website. If the Client placed an order before the date of publication of the new Regulations on the website, the Client is bound by the rules of the Regulations before the changes were made.
  3. In matters not regulated by these Regulations, the generally applicable provisions of the Polish law shall apply, in particular: Civil Code; Act on electronic services; Act on consumer rights; Act on personal data protection.
  4. The customer has the right to use out-of-court methods of examining complaints and pursuing claims. For this purpose, it may lodge a complaint via the Union ODR web-based platform accessible at http://ec. europa. eu/consumers/odr/;.
  5. The Seller is entitled to copyright or an appropriate license to photos and content contained on the Store's website. Copying and distributing them without the consent of the Seller is prohibited.
  6. These Regulations shall apply to agreements concluded as of 10 October 2017.