TERMS OF SALE
established on 26/01/2018 by the Company Ltd Homa Holistics Sp.z.o.o. defines the rules related to making purchases as part of an online store available at https://www.homatherapypoland.org or/and www.agnihotra.pl/en
To ensure greater transparency, the Sales Regulations have been divided into three functional sections:
I. General conditions of sale
Terms of sale in force in the store, in particular information about the rules of ordering and performance of the contract, information on available payment and delivery methods and how to complain and cancel purchases by withdrawing from the contract.
II. Regulations for the provision of electronic services
The rules of the Store’s operation, in particular information on the terms of use of the virtual basket and the form used to place orders and specification of technical conditions to be fulfilled by the Internet browser and the user’s computer.
III. Privacy policy and cookies (profiling).
Information on the privacy of users, and in particular what information is stored on the user’s device and anonymous statistics collected for a better understanding of users’ needs and the optimization of the Store.
The Store’s service provides comprehensive information in Polish/English regarding the features of the goods available in the Store and in matters related to the Sales Regulations. Service is available by phone at +48502347898 from 10-21 on business days, as well as via email to info@homatherapypoland.org, which service is responsible for within 48 hours.
The Seller applies the Code of Good Practices in e-commerce e-commerce Fair Play, therefore if any provision of these Regulations of Sale is contrary to this Code or shapes the rights and obligations of the Consumer in a manner contrary to good morals and grossly violating his interest, then this provision is not binding.
GENERAL TERMS OF SALE
1. DEFINITIONS
Seller: Company Ltd. operating under the name of Homa Holistics Sp.z.o.o. and using NIP number: 5521722282, entered into the National Court Register kept by the SĄD REJONOWY DLA KRAKOWA ŚRÓDMIEŚCIA W KRAKOWIE, XII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO number KRS 0000728651
Seller’s office: ul. Wysoka 151, 34-240 Jordanów, Poland;
Postal address of the Seller: ul. Wysoka 151, 34-240 Jordanów, Poland;
Contact details of the Data Protection Supervisor: […]
Ordering Party: a person placing an Order in the Shop and a Sales Agreement page in case of its conclusion with the Seller;
Shop: internet service available at http://www.homatherapypoland.org or/and agnihotra.pl/eng, through which the Seller provides services specified in the Regulations for the provision of electronic services in order to lead to the conclusion of the Sales Agreement;
Order: approval of the order form available in the Store, in which the interactive button or confirmation link is marked with the words “order with payment obligation” or other equivalent unambiguous wording;
Consumer: Employer, being a consumer within the meaning of applicable regulations;
Sales contract: a sales contract concluded at a distance between the Seller and the Ordering Party in the scope of the items indicated in the Order and on the terms specified in these General Terms and Conditions of Sale.
Personal data: information on an identified or identifiable natural person.
Data subject: an identifiable natural person who can be directly or indirectly identified. In particular, on the basis of: name and surname, tax identification number, location data, internet ID. The person is the Ordering Party according to the regulations.
Processing of personal data: it is an operation or a set of operations performed on personal data or personal data sets in an automated or non-automated way such as: collecting, saving, organizing, organizing, storing, adapting or modifying, downloading, browsing, using, disclosing by sending, distribution or other type of sharing, matching or combining, limiting, deleting or destroying.
Consent to the processing of personal data: a clear, informed action in the form of a confirmation or statement of the data subject for their processing.
Data set: an ordered set of personal data available according to specific criteria.
Restriction of processing: means the marking of stored personal data in order to limit their future processing.
Data set: an ordered set of personal data available according to specific criteria, irrespective of whether the set is centralized, decentralized or functionally or geographically dispersed.
Administrator: a natural or legal person who independently processes personal data and who independently or jointly with others sets the purposes and means of processing personal data. The personal data administrator is the Seller.
Processing entity: means a natural or legal person, public body, unit or other entity that processes personal data on behalf of the Administrator.
Recipient: a natural or legal person, public body, entity or other entity that discloses personal data.
Third party: a natural or legal person, public authority, unit or entity other than the data subject, administrator, processor or persons authorized by the controller or processor to process the data.
Violation of personal data protection: this is a security breach leading to accidental or unlawful destruction, loss, modification, unauthorized disclosure or unauthorized access to personal data sent, stored or otherwise processed.
Representative: means any natural or legal person residing or having its registered office in the Union who has been designated in writing by the controller or processor in order to represent the controller or processor in their duties under this Regulation.
Supervisory authority: President of the Office for Personal Data Protection, address […].
RODO: Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Ordinance on Protection data).
2. CONCLUSION OF A SALES AGREEMENT
The information presented in the Store, in particular regarding prices, is an invitation to conclude a sales agreement and is not an offer to sell.
In order to purchase items presented in the Store, you must place an Order.
In addition to indicating the type and number of items and choosing the form of payment and delivery, the Order must contain the following personal data:
a) names and surnames
b) telephone number
c) e-mail address
d) address of residence or stay
e) shipping address
f) sex
g) Tax Identification Number
h) place of birth
The data entered into the Order by the Ordering Party must be current and truthful. The principles of protection of personal data provided by the Ordering Party are set out in the chapter § 7. PROTECTION OF PERSONAL DATA.
The seller does not provide mechanisms for verifying the correctness of data entered by the Ordering Party, apart from the mechanisms verifying their completeness. The Ordering Party may at any time correct its errors while entering data into the Order.
The Seller receives information about Orders placed via the Store on business days from 00-23.
Conclusion of the Contract of Sale takes place upon the Seller confirming the acceptance of the Order for execution, which is binding for the Ordering Party if it occurred immediately after receiving the Order. Confirmation of acceptance of the Order for execution is sent by the Seller using electronic mail to the address of the Ordering Party provided by him in the Order.
Upon the conclusion of the Sales Agreement, the Seller undertakes to transfer ownership of the item to the Ordering Party and issue it to him, while the Employer undertakes to collect these items and pay the Seller the Purchase Price.
The binding price for the parties to the Contract of Sale is the total price of the Order presented to the Ordering Party after selecting by him the method of payment and delivery before submitting the Order, payable as set out in § 3. TERMS OF PAYMENT.
The Seller executes Orders on the territory of Poland and beyond. Information on the available methods and delivery dates as well as their costs are presented by submitting the Order as set out in § 4. DELIVERY CONDITIONS.
The subject of the Contract of sale are new items, which the Seller is obliged to deliver without defects. Any complaints can be submitted in the manner and within the time specified in § 5. COMPLAINTS.
The consumer may resign from purchases made and withdraw from the Sales Agreement without giving a reason in the manner and within the time specified in § 6. WITHDRAWAL FROM THE AGREEMENT. In the event of withdrawal from the contract, it is considered void and if the Consumer submits a declaration of withdrawal from the contract before the seller accepted his offer, the offer ceases to be binding.
3. TERMS OF PAYMENT
The Ordering Party is obliged to pay the Seller the total price of the Order, which consists of the gross prices of the ordered items and the cost of their delivery in force at the time of placing the Order. The gross prices are expressed in Polish zlotys and include all due taxes, including VAT tax.
The Seller provides the following forms of payment in the Store:
a) cash on delivery
b) upon personal collection from the seller
c) bank transfer
d) fast e-bank transfer
e) payment card
f) other (e.g., PayPal, Google Wallet)
Settlement of transactions by credit card and e-transfer is carried out via the Dotpay Settlement Center
The ordering party is informed before submitting the Order, which forms of payment are available due to the nature and value of the items ordered.
Payment of the price of the Order takes place in the form selected before submitting the Order.
The payment deadline results from the form of payment chosen by the Ordering Party. In addition to the payment on delivery, payment is made after the conclusion of the Contract of sale, and before delivery and delivery of the item.
4. CONDITIONS OF DELIVERY
For the performance of the Sales Agreement, the Seller is obliged to deliver the items being the subject of this contract to the address indicated in the Order, while the Employer is obliged to collect these items.
The Seller is obliged to deliver the items immediately after the conclusion of the Sale Agreement, but no later than within 2 days, unless the parties to the Sales Agreement have made a different individual arrangement in this respect.
The delivery date, readiness for shipment or other terms presented in the Shop on the ordered items are approximate and do not bind the Seller.
The Seller executes Orders in the order in which they are received.
The Seller provides the following forms of delivery in the Store:
a) delivery to the recipient’s address
b) personal collection at the seller’s place
The ordering party is informed before submitting the Order what forms of delivery are available due to the nature and value of the ordered items and their costs.
The ordering party has the right to check the condition of the shipment after its delivery to the place indicated in the order and prior to its collection from the carrier.
5. COMPLAINTS
The Seller is liable to the Orderer if the item sold has a physical or legal defect (warranty).
If a defect is found, the Ordering Party may use the warranty and make a complaint or use the guarantee in accordance with the warranty contract.
The complaint should be submitted in writing to the Seller’s correspondence address and should contain at least the name of the Ordering Party, including his name, postal address, e-mail address, telephone number, and in the case of legal persons, name, address of the registered office and contact details of the person authorized to dealing with issues related to the submitted complaint and a description of the defect being the basis for submitting the complaint.
The seller will consider the complaint without delay but no later than within 14 days of its receipt and of the result of the complaint will inform the complaining party in writing or via email to the e-mail address provided in the complaint.
The Ordering Party who exercises the rights under the warranty is obliged to deliver the faulty item to the Seller’s Postal Address at the expense of the Seller.
6. WITHDRAWAL FROM THE AGREEMENT
The consumer may withdraw from the contract within 14 days without giving any reason and without incurring costs.
The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. The statement may be submitted on a form, which is provided by the Seller, but it is not obligatory. To meet the deadline, it is enough to send a statement to the Seller’s correspondence address before its expiry.
The period for withdrawing from the contract begins with taking possession of the goods by the Consumer or a third party appointed by the Consumer other than the carrier, and in the case of a contract that includes many things that are delivered separately, in lots or parts – from taking possession of the last thing , lots or parts.
The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the item.
The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
If the Seller has not offered to collect the item from the Consumer, he may withhold the refund of payments received from the Consumer until he receives the item back or the Consumer provides proof of its return, depending on which event occurs first.
If the Consumer has chosen the method of delivery of the item other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The Consumer is obliged to return the item to the Seller or transfer it to the person authorized by the Seller immediately, but not later than 14 days from the date on which he resigned from the Contract of Sale, unless the Seller suggested that he would pick up the item himself. To meet the deadline, all you have to do is return the item before its expiry.
The consumer bears only the direct cost of returning the item. If, due to their nature, these items can not be returned by normal mail, then the cost of returning the item borne by the Consumer is equal to the cost of delivery of this item to the Consumer.
The consumer is liable for a decrease in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
The right to withdraw from the contract is not available to the Consumer in relation to contracts:
a) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
b) in which the object of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
c) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
d) in which the object of the service is an item 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;
e) in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
f) 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 in the market over which the entrepreneur has no control;
g) in which the consumer clearly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the Consumer has demanded, or supplies things 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;
h) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
i) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
j) concluded through a public auction;
k) for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s explicit consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
7. PROTECTION AND PROCESSING OF PERSONAL DATA.
The processing of personal data takes place in accordance with the rules set out by the ROPR and the applicable law.
The administrator of personal data processed in relation to the actions taken by the Employer to conclude the Contract of Sale and in connection with its implementation is the Seller (the processor).
Rights vested in the Ordering Party (the person whose data is processed):
a) the person whose personal data is processed has the right to withdraw consent to their processing at any time. Withdrawal of consent does not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal. The way of withdrawal of consent is to inform the Administrator about it in writing by registered mail to the Correspondence address of the Seller or electronically;
b) the person whose data is processed may request the Administrator, in the event that personal data have not been collected from the data subject, information regarding the source of that data. The demand may be expressed in writing by registered mail to the Correspondence address of the Seller or electronically;
c) at the request of the data subject, the Administrator provides a copy of the personal data to be processed. The demand may be expressed in writing by registered mail to the Correspondence address of the Seller or electronically. For any further copies requested by the data subject, the Administrator charges a fee in the amount resulting from administrative costs. If the data subject asks for a copy electronically, and unless otherwise indicated, the information is provided by electronic means. The right to obtain a copy referred to above may not adversely affect the rights and freedoms of others;
d) the person whose data is processed may file a complaint to the President of the Office for the Protection of Personal Data. The procedure for filing a complaint is defined in art. […].
e) the person whose data is processed may demand from the Administrator access to his personal data, rectification, deletion or limitation of processing. This person may also object to the processing of personal data. The above person performs the above actions by sending an appropriate statement in writing by registered mail to the Correspondence address of the Seller or electronically in the cases described below:
the data subject has the right to request the Administrator to immediately correct any personal data that is incorrect about him / her. Taking into account the purposes of processing, the data subject has the right to request supplementing incomplete personal data, including by providing an additional statement.
the data subject has the right to request the administrator to delete his personal data immediately, and the Administrator is obliged to delete the personal data without undue delay if one of the conditions listed in art. 17 sec. 1 RODO.
the data subject has the right to request the administrator to restrict processing in the following cases:
i) the data subject questions the accuracy of personal data – for a period allowing the administrator to check the correctness of such data;
(ii) the processing is unlawful and the data subject opposes the removal of personal data, requesting instead to limit their use;
(iii) the controller no longer needs personal data for processing, but it is needed by the data subject to establish, assert or defend claims;
(iv) the data subject has objected under Article 21 par. 1 before processing – until it is determined whether the legitimate grounds on the part of the administrator override the grounds for objection of the data subject.
(f) where processing has been limited, such personal data may be processed, with the exception of storage, only with the consent of the data subject, or to establish, assert or defend claims, or to protect the rights of another natural or legal person, or for important reasons of public interest of the Union or a Member State. Before revoking the processing limit, the administrator informs the data subject who requested the restriction;
g) the person whose data is processed is entitled to obtain from the Administrator confirmation whether personal data concerning him is being processed, and if this is the case, he is entitled to access to them. The demand may be expressed in writing by registered mail to the Correspondence address of the Seller or electronically;
(h) the data subject has the right to obtain, in a structured, commonly used machine-readable format, personal data concerning him which he has provided to the controller and has the right to send this personal data to others.
Responsibilities of the Administrator of personal data:
a) where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his personal data for such marketing purposes, including profiling, to the extent that the processing is related with such direct marketing. In the event of opposition to processing for purposes of direct marketing, the Administrator may not process personal data for such purposes;
b) The administrator ensures that personal data is correct and, if necessary, updated. The administrator will take all reasonable steps to ensure that data that is incorrect in view of the purposes of their processing are immediately removed or corrected;
c) The administrator ensures that personal data are processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures;
d) The Administrator shall ensure that personal data is stored in a form that permits the identification of the data subject for no longer than is necessary for the purposes for which the data are processed, i.e. the performance of the Agreement, but no longer than one year from their obtain.
e) The Administrator, without the consent of the person whose data is being processed, can not disclose that person’s data to a third party, unless it results from the provisions of applicable law in strictly specified situations;
f) The administrator informs about rectification or deletion of personal data or processing restrictions, effected in accordance with the RODO, by any recipient who has been disclosed personal data, unless this proves impossible or will involve a disproportionate effort. The administrator informs the data subject of these recipients if the data subject requests it. The demand may be expressed in writing by registered mail to the Correspondence address of the Seller or electronically;
g) The administrator processes personal data in a manner ensuring adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures.
Personal data are processed in accordance with the law, reliably and in a transparent manner for the person whose data relates. The legal basis for the processing of personal data is art. 6 par. 1 lit. a and b RODO. proces
8. OTHER PROVISIONS
Within a reasonable time after the conclusion of the Purchase Agreement, but at the latest when the item is delivered, the Seller shall provide the Consumer with confirmation of concluding this contract on a durable medium, in particular an electronic message sent to the Consumer’s e-mail address provided by him in the Order.
Confirmation of the conclusion of the Purchase Agreement referred to above contains at least information about:
a) the main features of the service;
b) data identifying the Seller, in particular the company, the authority that registered the economic activity, as well as the number under which he was registered;
c) the address of the Seller, e-mail address and telephone numbers under which the Consumer can contact the Seller quickly and efficiently;
d) the address at which the Consumer may submit complaints;
e) the total price of the Order including taxes and charges for transport;
f) the method and date of payment;
g) the manner and date of the Seller’s performance of the service and the complaint handling procedure used by the Seller;
h) the manner and date of exercising the right to withdraw from the contract without giving any reason, as well as the model withdrawal form;
i) costs of returning goods in the event of withdrawal from the contract borne by the Consumer, if due to their nature, such items can not be returned by regular mail;
j) cases of no right to withdraw from the contract on the basis of regulations and circumstances in which the consumer loses the right to withdraw from the contract;
k) the obligation of the entrepreneur to deliver goods without defects;
l) the existence and content of guarantees and after-sales services and the manner of their implementation;
m) a code of good practice for which the Seller voluntarily undertakes and how to become acquainted with it;
n) the functionality of digital content and technical means of their protection;
o) interoperable digital content with computer hardware and programming that the entrepreneur knows or should know about;
p) the possibility of using non-judicial means of dealing with complaints and redress as well as the rules of access to these procedures.
The Seller applies the Code of Good Practices in e-commerce e-commerce Fair Play, the content of which is available at http://safebuy.pl/ecommerce-fair-play.
In the event of a dispute with the Seller, the Consumer has the opportunity to use extrajudicial ways to deal with complaints and redress. The consumer may, inter alia:
a) apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement,
b) ask the voivodeship inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute with the Seller,
c) get free help in settling the dispute, using free poviat help or a municipal consumer advocate or social organization, whose statutory tasks include protection of consumers, such as the Consumers’ Federation or the Association of Polish Consumers,
d) file a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
Any disputes arising between the Seller and the Employer who is not a Consumer at the same time shall be subject to a court having jurisdiction over the seat of the Seller.
The sales contract is concluded in accordance with Polish law and in Polish.
THE END OF GENERAL CONDITIONS OF SALE
