REGULATIONS FOR THE ONLINE STORE
§ 1 Definitions
1. Business days - means weekdays from Monday to Friday, excluding public holidays.
2. Delivery - means a factual act consisting in delivery to the Customer by the Seller, via the Supplier, of the Goods specified in the order.
3. Supplier - means the entity with which the Seller cooperates in the scope of delivering the Goods:
a) a courier company;
b) Poczta Polska SA with its registered office in Warsaw.
4. Password - means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Client - means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and legal regulations.
6. Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
7. Customer Account - means an individual panel for each Customer, run on his behalf by the Seller, after the Customer has registered and concluded a contract for the provision of the Customer Account service.
8. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, which the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
9. Regulations - means these regulations.
10. Registration - means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
11. Seller - means Assam Aromas reselling products of Assam Aromas, with reseller’s business name Oudhify Klaudia Subocz with its registered office in Poznań, entered into the Central Register and Information on Economic Activity conducted by the Minister of Entrepreneurship and Technology; e-mail: email@example.com, which is also the owner of the Online Store.
12. Shop Website - means the websites where the Seller operates the Online Store operating in the domain www.assamaromas.com
13. Goods - means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
14. Persistent medium - means a material or tool enabling the Customer or the Seller to store information personally directed to him in a way that allows access to information in the future for a reasonable period of time for the purpose of this information and which allows the stored information to be restored unchanged.
15. Sale agreement - means a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store Website, as well as to patterns, forms and photos presented on the Shop Website for the purposes of presenting the Goods belong to the Seller, and the use of them may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
3. The Seller uses the mechanism of "cookie" files, which while the Customers use the Shop Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is aimed at correct operation of the Store Website on the end devices of customers. This mechanism does not destroy the client's end device and does not cause any configuration changes in the client's end devices or software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of his terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
4. In order to place an order in the Online Store via the Online Store Website or via e-mail and in order to use the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.
5. In order to place an order in the Online Shop by phone, it is necessary for the Customer to have an active phone number and an active e-mail account.
6. It is prohibited to provide the Customer with unlawful content and the Customer's use of the Online Store, the Shop Website or free services provided by the Seller in a manner contrary to the law, morality or violating personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.
8. It is not allowed to use the resources and functions of the Online Store in order to conduct activities by the Customer that would infringe the interests of the Seller.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to make a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form made available by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.
4. When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
5. During the Registration, the Customer may voluntarily agree to the processing of his personal data for marketing purposes by checking the appropriate box of the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known to the Seller or anticipated recipients of such data.
6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may be sent, for example, to the address of the Seller via email.
7. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this time, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains access to the Customer Account and changes made during the Registration of data.
§ 4 Orders
1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation of Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Online Store Website or e-mail 7 days a week, 24 hours a day.
3. The Customer may place orders in the Online Store via the telephone in hours and days indicated on the Shop Website.
4. The Customer placing an order via the Online Store Website completes the order by selecting the Goods he is interested in. Adding the Goods to the order is done by choosing the command "ADD TO THE CART" under the given Product presented on the Shop Website. After completing the entire order and indicating the method of delivery and payment method in the "BASKET", the Customer places the order by sending the order form to the Seller, selecting the "Order / Order to pay" button on the Shop Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Agreement.
5. A customer placing an order via telephone uses the telephone number provided by the Seller on the Shop Website. During the telephone conversation, the Customer shall indicate to the Seller the name of the Goods from the Products on the Shop Website, the amount of the Goods he would like to order and specify the method and address of the Delivery and payment method, and indicate, at his option, his email address or mailing address to confirm by The Seller of the content of the proposed contract and order confirmation - in the event of the conclusion of a Sales Agreement between the Customer and the Seller. Each time during a telephone conversation, the Seller informs the Customer about the total price of selected Goods and the total cost of the chosen method of Delivery,
6. After the conclusion of the Sales Agreement via telephone, the Seller shall send on a Durable Medium, to the email address or correspondence provided by the Customer, containing the confirmation of the terms of the Sales Agreement. The confirmation includes in particular: specifying the Goods being the subject of the Contract of sale, its price, the cost of Delivery and information about any other costs that the Customer is obliged to incur in connection with the Sale Agreement.
7. The Customer placing an order via electronic mail, sends it to the e-mail address provided by the Seller on the Shop Website. In the message sent to the Seller, the Customer shall provide in particular: the name of the Product, the weight of the packaging and its quantity, from the Goods presented on the Shop Website and its contact details.
8. Placing an order is submitting an offer to the Seller by the Customer to conclude an Agreement for the sale of Goods being the subject of the order.
9. After placing an order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
10. Then, after confirming the placement of the order, the Seller sends information about the acceptance of the order to the address provided by the Customer. Information about the acceptance of the order for execution is a statement of the Seller about the acceptance of the offer referred to in §4 subpara. 9 above, and upon its receipt by the Customer, a Sales Agreement is concluded.
11. After the conclusion of the Contract of Sale, the Seller confirms to the Customer its terms, sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during the Registration or ordering.
§ 5 Payments
1. Prices on the Shop Website placed at the given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sale Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the confirmation of the order and after the funds are credited to the Seller's bank account);
b) bank transfer to the Seller's bank account with the option of personal collection at the Seller's office (in this case the order will be processed immediately after the Seller sends the confirmation of order acceptance, and the Goods will be issued at the Seller's office, upon receipt of funds to the Seller's bank account);
c) bank transfer via an external PayPal payment system, operated by PayPal (Europe) S.à rl & Cie, SCA based in Luxembourg (in this case, the order will be processed after the Seller sends the confirmation of the order and after the receipt by the Seller information from PayPal about the payment made by the Customer).
3. The Customer should pay for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
4. If the Customer fails to make the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make a payment and informs the Customer about it on a Durable medium. Information about the additional payment deadline also includes information that after the expiration of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second deadline for making the payment, the Seller shall send the Customer a Durable Record a statement on the withdrawal from the contract pursuant to Article. 491 of the Civil Code.
§ 6 Delivery
1. The Seller realizes the Delivery for online sales outside the home country India. International shipping.
2. The Seller is obliged to deliver the Goods which are the subject of the Contract for sale without defects.
3. The Seller shall publish on the Shop Website information on the number of Working Days needed for the Delivery and execution of the order.
4. The deadline for Delivery and execution of the order indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 2 of the Regulations.
5. Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day of sending the Goods to the Customer (if the option of personally collecting the Goods has not been chosen), the information confirming the delivery of the package by the Seller shall be forwarded to the email address of the Customer.
7. The customer is obliged to examine the delivered parcel in time and in a manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the customer has the right to request the Supplier's employee to draw up the proper protocol.
8. In the absence of the Customer at the address indicated by him, given when placing the order as the delivery address, the Supplier's employee will leave an advice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, by specifying the date and cost of the Delivery with the Customer again.
§ 7 Warranty
1. The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:
a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer shall replace the defective Product with a defect-free one or remove the defect.
This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may request replacement of the Goods free from defects or replace the Goods, requesting that the defect be removed unless it is impossible to bring things into conformity in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free of defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
b) demand replacement of defective product with one free of defects or removal of defect. The Seller is obliged to replace the defective Product with a product free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.
The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into conformity with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
3. The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
4. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date may not be terminated before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods free from defects or remedying the defect, the deadline for withdrawal from the Contract of Sale or submitting a price reduction statement starts with the ineffective expiry of the deadline for replacing the Product or remedying the defect.
5. Any complaints related to the Products or the implementation of the Contract of Sale may be directed by the Customer in writing to the Seller's address.
6. The Seller within 14 days from the date of the request containing the complaint, will respond to the complaint of the Product or complaint related to the implementation of the Purchase Agreement notified by the Customer.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to firstname.lastname@example.org. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.
8. The Seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 8 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it without giving reasons within 14 days.
2. In the event of withdrawal from the Sales Agreement, it is considered as not concluded.
3. If the Consumer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
4. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on the withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Good to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of proof of sending back the Goods, depending on which event occurs first.
5. If the Consumer using the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual way of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
6. The Consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the date on which he resigned from the Contract of Sale. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
7. In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Product.
8. If, due to its nature, the Product can not be returned by normal mail, the Seller informs the Consumer about the cost of returning items on the Shop Website.
9. The Consumer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
10. The Seller shall return the payment using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
11. The right to withdraw from the Sales Agreement is not payable to the Customer who is a Consumer in relation to contracts in which the Goods are subject to rapid deterioration or having a short shelf-life.
12. The right to withdraw from the Sales Agreement is not payable to the Customer who is a consumer in relation to contracts in which the goods are delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery .
§ 9 Responsibility of the Client in the scope of content posted by him
1. By posting content and making it available, the Customer makes voluntary distribution of content. The published content does not express the views of the Seller and should not be equated with his activities. The seller is not a content provider but only an entity that provides adequate ICT resources for this purpose.
2. The Client declares that:
a) he is entitled to use proprietary copyrights, industrial property rights and / or related rights to - respectively - works, industrial property rights objects (eg trademarks) and / or related rights objects, which they make up content;
b) placing and providing access to personal data, image and information related to third parties within the services referred to in §9 of the Regulations, in a legal, voluntary manner and with the consent of the persons concerned;
c) consents to the access to published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) consents to the development of works within the meaning of the Act on Copyright and Related Rights.
3. The seller is liable for content posted by the customers, provided that they receive notification in accordance with § 10 of the Regulations.
4. It is forbidden for Clients to post, as part of using the services referred to in §9 of the Regulations, content that could, in particular:
a) be placed in bad faith, eg with the intention of violating personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
c) be offensive or threatening to other people, contain vocabulary that violates good morals (eg by using profanity or terms commonly considered offensive);
d) contradict the interest of the Seller;
e) otherwise violate the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms.
6. If a notification is received in accordance with § 10 of the Regulations, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §9 of the Regulations, in particular with regard to content on which based on the reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable law. The seller does not conduct ongoing control of the content posted.
7. The Customer agrees to the Seller's free use of its content on the Online Store Website.
§ 10 Reporting a threat or violation of rights
1. If the Client or other person or entity decides that the content published on the Shop Website violates their rights, personal rights, good manners, feelings, morals, beliefs, rules of fair competition, know-how, a secret protected by law or on the basis of the undertaking, may notify the Seller about a potential infringement.
2. The Seller notified about a potential violation, takes immediate action to remove content from the Store Website, the content of the violation.
§ 11 Protection of personal data
§ 12 Termination of the contract (not applicable to Contracts of sale)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned. contract and provisions below.
2. The Customer who has registered shall terminate the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of remote communication, enabling the Seller to read the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during the Registration.