TERMS AND CONDITIONS OF THE ONLINE STORE BY. HERBS

The Terms and Conditions define the rules of use, including making purchases, in the BY online store. HERBS available at madebyherbs.com (the “Store“).

  1. DEFINITIONS
    For the sake of clarity, the most common terms are defined below:

    1. Customer Account – an individual account that the Customer may create for himself within the Shop;
    2. Client– A Consumer or Entrepreneur who uses the Store, including creating a Customer Account, placing an Order and concluding a Sales Contract;
    3. Consumer – a natural person who places an Order and concludes a Sales Agreement for purposes that are not directly related to their business or professional activity;
    4. Shopping Cart – technical functionality of the Shop, which allows the Customer to create and place an Order;
    5. Privacy Policy – Privacy Policy of the HERBS Online Store, available at https://madebyherbs.com/polityka-prywatnosci/;
    6. Product – an item or service that is offered by the Store and is the subject of the Sales Agreement;
    7. Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by a separate act, performing business activity;
    8. Terms and Conditions – these Terms and Conditions of the HERBS Online Store;
    9. Store – HERBS online store, available at madebyherbs.com;
    10. Salesperson– Superhuman by Nature sp. z o.o. with its registered office in Łódź, address: President Gabriela Narutowicza 40/1, 90-135 Łódź, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Łódź, XX Commercial Division of the National Court Register, under KRS number 0000868176, with REGON number: 38745213300000, NIP number: 7252303962, with a share capital of PLN 10,000;
    11. Store Page – a website accessible at com;
    12. Subscription – a recurring Order (once a month), subject to recurring payment (once a month); You may pause or cancel your subscription at least 7 days before the next cycle of the Order;
    13. Sales Agreement – a distance sales agreement between the Seller and the Customer, the subject of which is the Product;
    14. Act on the Provision of Electronic Services – Act of 18 July 2002 on the provision of services by electronic means;
    15. Order – the Customer’s declaration of intent regarding the conclusion of the Sales Agreement, which the Customer submits via the Shopping Cart.

 

  1. TECHNICAL REQUIREMENTS
    1. The use of the Store requires the following technical requirements to be met:
      1. a computer or smartphone equipped with the latest version of Google Chrome, Apple Safari, Mozilla Firefox or Microsoft Edge, with Internet access and cookies enabled;
      2. An active email address.

 

  1. GENERAL TERMS AND CONDITIONS OF USE OF THE STORE
    1. These Terms and Conditions are the regulations referred to in Art. 8 Act on the provision of electronic services.
    2. The Terms and Conditions define the rules for using the Store, in particular the conditions for placing an Order and modifying it, setting up and maintaining a Customer Account, making payments, making deliveries, filing complaints, as well as other rights and obligations of the Customer and the Seller. A person wishing to use the services of the Store must read these Terms and Conditions beforehand.
    3. Browsing the Products or contacting the Seller using the contact form does not require creating a Customer Account.
    4. The Customer is prohibited from providing illegal content and using the Store in a manner that disrupts its functioning or is burdensome for the Seller and other Customers.
    5. Customers may access these Terms and Conditions at any time via the link provided on the Store’s website at https://madebyherbs.com/regulamin/ and download and print them.
    6. The information about the Products provided on the Shop’s website does not constitute an offer within the meaning of Art. 66 of the Civil Code.

  1. CUSTOMER ACCOUNT
    1. Creating a Customer Account is optional. The Customer may place an Order without creating a Customer Account in the Shop, after reading and accepting the Terms and Conditions.
    2. Each Customer may create a Customer Account in the Store. To do so, please fill in the registration form available at https://madebyherbs.com/moje-konto/ and accept the Terms and Conditions and Privacy Policy.
    3. Creating a Customer Account in the Store is free of charge.
    4. Logging in to the Client Account takes place by entering the login and password established during registration.
    5. The Client Account provides the opportunity to:
      1. tracking the status of Orders;
      2. access to the history of placed Orders;
      3. remember the Customer’s data necessary to place Orders (e.g. delivery address);
      4. save and edit the Client’s personal data.
    6. The Client has the right to delete the Client’s Account at any time, without giving any reason and without incurring any fees on this account. In order to delete the Client Account, the Client should send an e-mail to the sklep@madebyherbs.com address or use the dedicated functionality in the Client Account.

  1. PLACING ORDERS AND CONCLUDING A CONTRACT
    1. The Customer starts placing an order by adding the products available in the Store’s offer to the Cart.
    2. Orders can be placed by Clients who have a Customer Account and Clients who do not have a Customer Account.
    3. In order to conclude a Sales Agreement through the Shop, it is necessary to enter the Shop Website and select the Products by taking further technical steps based on the messages displayed to the Customer and the information available on the Shop Website.
    4. The selection of the Products ordered by the Customer is made by adding them to the K
    5. When placing an Order – until pressing the button confirming the placing of the Order – the Customer has the opportunity to modify the entered data and the number of selected Products. For this purpose, you should be guided by the messages displayed to the Customer and the information available on the Shop Website.
    6. After selecting all the interesting Products, the Customer should go to their Shopping Cart
      1. In order to place an Order, the Customer who has a Customer Account is obliged to:
        1. log in to the Client Account by providing a login and password,
        2. Choose delivery and payment options
        3. accept the Order via the Buy & Pay button,
        4. each time, before sending the Order to the Seller, the Customer is shown a summary of the Order in order to confirm it, i.e. total price and details of the Order.
      2. In order to place an Order, a Customer who does not have a Customer Account is obliged to:
        1. accept the Terms and Conditions,
        2. complete the Order form with the necessary data, in particular the Customer’s contact details and the place of delivery of the Product. For this purpose, you should be guided by the messages displayed to the Customer and the information available on the Shop Website,
        3. Choose delivery and payment options
        4. accept the Order via the Buy & Pay button,
        5. each time, before sending the Order to the Seller, the Customer is shown a summary of the Order in order to confirm it, i.e. total price and details of the Order.
      3. By placing an Order, the Customer makes an offer to the Seller to conclude a Contract for the Sale of the Products selected by him, on the terms and conditions indicated by him in the Order. The Sales Agreement is concluded by accepting the offer by the Seller, at the time of receipt by the Customer of confirmation of the terms and conditions of the Order, sent in an electronic message by the Seller to the e-mail address provided by the Customer in the Order or on the Customer Account.
      4. The Sales Agreement between the Seller and the Customer is concluded after the Seller confirms the receipt and acceptance of the Order.
      5. The content of the Sales Agreement is recorded, secured and made available to the Customer through the Shop’s sales system, including the Customer Account, and is sent to the Customer’s e-mail address provided by the Customer when placing the Order. The Customer who has placed the Order and received a statement of acceptance of the offer by the Seller will be provided with a digital document confirming the conclusion of the Sales Agreement along with its content, in the manner indicated in the previous sentence.

  1. PAYMENT & DELIVERY
    1. The store offers the following payment methods:
      1. payment via an external electronic payment system.
    2. The Store offers the following methods of delivery of Products:
      1. personal collection of the Products by the Customer;
      2. by post or courier;
      3. shipment with collection in a parcel locker selected by the Customer.
    3. The Store offers deliveries of Products only on the territory of Polish.
    4. The Order will be executed within a reasonable period of time – taking into account the delivery dates of the Seller’s partners in this respect.
    5. If the Customer is a Consumer, the Shop bears the risk of accidental damage or loss of the Product in delivery. If the Product is delivered with obvious damage caused during transport, we kindly ask you to immediately report this fact to the Seller. In the event that the Customer is not a Consumer, the Shop does not bear the risk of accidental damage or loss of the Product in delivery. Upon delivery of the Product to the carrier, all risk of loss, destruction or damage to the Product shall pass to the Customer.
    6. Payment for the Order is made immediately when you choose to pay online.
    7. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery. The cost of delivery and payment is always visible to the Customer in the Shopping Cart, at the stage of placing the Order.
    8. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
    9. The Seller issues a VAT invoice at the request of the Customer who is an Entrepreneur. Sales to Customers who are Consumers are documented by means of receipts. Invoices and receipts are delivered electronically by the Seller after the Order has been confirmed.

 

  1. WITHDRAWAL FROM THE CONTRACT
    1. The Consumer has the right to withdraw from the Sales Agreement without giving a reason within 14 days.
    2. The 14-day period for withdrawal from the Sales Agreement begins:
      1. if the Order is delivered in its entirety, in one shipment – from the date of receipt of the Order by the Consumer or by another person indicated by the Consumer, who is not a carrier;
      2. if the Order includes multiple Products that are delivered separately, in batches or in parts – from the date of receipt of the last item, lot or part of the Order by the Consumer or by another person designated by the Consumer who is not a carrier;
      3. if the Order consists in regular delivery of Products for a specified period of time (e.g. subscription or subscription) – from the date of receipt of the first of the ordered Products by the Consumer or by another person indicated by the Consumer who is not a carrier;
      4. for other contracts – from the date of conclusion of the Sales Agreement.
    3. In order to exercise the right of withdrawal, the Consumer submits to the Seller a statement of withdrawal from the Sales Agreement in the form of a document by sending an e-mail or contacting via the contact form. The statement may (but does not have to) be submitted using the form attached as Appendix 1 to the Terms and Conditions.
    4. A statement of withdrawal from the Sales Agreement shall be submitted by the Consumer:
      1. by e-mail sent to sklep@madebyherbs.com;
      2. using the contact form available at: https://madebyherbs.com/kontakt/.
    5. If the declaration of withdrawal is submitted by e-mail or the contact form, the Seller shall immediately confirm receipt of the information about the withdrawal by means of an e-mail sent to the Consumer’s address provided in the statement.
    6. In order to comply with the 14-day deadline indicated above, it is sufficient for the Consumer to send a statement of withdrawal from the Sales Agreement before the expiry of this period in any of the ways indicated above.
    7. If the Consumer withdraws from the Sales Agreement, such agreement shall be deemed not to have been concluded.
    8. If the Consumer withdraws from the Sales Agreement:
      1. The Seller shall return to the Consumer immediately, i.e. no later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement, all payments made by the Consumer, including the costs of delivery of the Products, except for additional costs resulting from the method of delivery of the Products chosen by the Consumer, other than the cheapest ordinary method of delivery offered by the Seller;
      2. The Seller will refund the payment using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method that does not involve any cost to the Consumer;
      3. The Consumer is obliged to immediately, and in any case no later than 14 days from the date on which he informed the Seller about the withdrawal from the Sales Agreement, return the Products to the Seller by sending them to the address indicated in point 14 of the Terms and Conditions. The deadline is met if the Consumer sends the item back before the expiry of the 14-day period.
      4. The costs of returning Products in connection with withdrawal from the Sales Agreement shall be borne by the
      5. The Customer is only responsible for any reduction in the value of the Products resulting from the use of the Products in a manner other than that necessary to determine the nature, characteristics and functioning of the items.
      6. The Seller may withhold payment until the Product is returned to the Consumer or the Consumer provides proof of the return, whichever occurs first.

  1. PROTECTION OF PERSONAL DATA
    1. The rules for the processing of Customers’ personal data by the Seller are set out in the Privacy Policy available at https://madebyherbs.com/polityka-prywatnosci/.
    2. The Privacy Policy is an integral part of the Terms and Conditions
  2. COMPLAINTS
    1. The Seller is obliged to provide the Customer with Products without defects. The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty). If the Product has a defect, the Consumer may submit a statement of price reduction or withdrawal from the Sales Contract, or demand replacement of the defective Product with a defect-free one or removal of the defect.
    2. The customer has the right to lodge a complaint:
      – via e-mail to the following address: sklep@madebyherbs.com
      – or using the contact form available on the Store’s website at: https://madebyherbs.com/kontakt/.
    3. The Client’s complaint should include:
      1. information about the Product, in particular the type and date of the defect;
      2. specifying the demand regarding the method of removing the defect (replacement of the Product with a new one, repair of the Product, reduction of the price, withdrawal from the Contract of Sale – if the defect is material);
      3. providing the contact details of the Customer submitting the complaint.
    4. In the case of exercising the rights under the warranty – if the Seller deems it necessary to consider the complaint, the Customer is obliged to deliver the defective Product at the Seller’s expense, to the Seller’s address.
    5. The Seller takes measures to ensure the proper operation of the Shop and undertakes to remove any irregularities reported by the Customers within a reasonable time.
    6. The Customer may notify the Seller of any irregularities in the functioning of the Store via the contact form or via e-mail to the following address: sklep@madebyherbs.com
    7. A complaint regarding irregularities related to the functioning of the Shop or the Customer Account should include: the type and date of occurrence of the irregularity.
    8. The Seller undertakes to respond to the complaint immediately, no later than within 14 days from the date of its submission.

 

  1. SELLER LIABILITY
    1. With respect to Sales Contracts concluded between the Seller and Customers who are not Consumers, the Seller shall be liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is not a Consumer.
  2. DISPUTE RESOLUTION
    1. If the Customer is a Consumer, the Seller informs that there are possibilities to use out-of-court complaint and redress procedures. Their use is voluntary and can only take place if both parties to the dispute agree to it.
    2. A consumer may apply to the Trade Inspectorate for the initiation of proceedings for out-of-court resolution of consumer disputes concerning the concluded Sales Agreement, in accordance with Art. Article 36 of the Law of 15 December 2000. Trade Inspectorate.
    3. The Consumer may also apply for a dispute concerning the concluded Sales Agreement to be considered by a permanent arbitration court operating at the relevant provincial inspectorate of the Trade Inspection, in accordance with Art. Article 37 of the Law of 15 December 2000. on Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended).
    4. The European Commission also provides a platform for online dispute resolution between consumers and businesses (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/
    5. Detailed information on the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court complaint handling and redress procedures, as well as the rules of access to these procedures, are available at the headquarters and on the websites of the provincial inspectorates of the Trade Inspection and at the following internet address: https://uokik.gov.pl/spory_konsumenckie.php.

  1. CHANGES TO THE TERMS AND CONDITIONS
    1. The Seller may amend the Terms and Conditions in the following cases:
      1. changes in the law, which forces the content of the Terms and Conditions to be updated;
      2. changes to the functionality of the Shop Website or the rules of operation of the Shop, which affects the content of the Terms and Conditions.
    2. The Seller shall inform the Customers about the changes to the Terms and Conditions at least 14 days before the changes come into force. Clients who have a Client Account will receive information about the planned changes via an e-mail sent to the address provided in the Client Account. Other Clients will receive information about the planned changes after entering the Website
    3. In the event of non-acceptance of the new content of the Terms and Conditions, the Client shall lose the ability to use the Store and access to the Customer Account upon the expiry of the entry into force of the Terms and Conditions in the new wording. The Client’s Account will be permanently deleted after the lapse of 30 days from the date of entry into force of the Terms and Conditions in the new wording.
  2. DEALER CONTACT
    1. Contact with the Seller is possible through:
  1. FINAL PROVISIONS
    1. Sales Agreements are concluded through the Shop in Polish.
    2. The Terms and Conditions are subject to the provisions of Polish law.
    3. Any disputes with Customers who are not Consumers arising from the application, performance or interpretation of the Terms and Conditions shall be resolved by a common court competent for the Seller’s registered office.

Declaration of withdrawal from the contract

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