Regulations of the online store eHerba

define, among other things, rules for concluding sales contracts about the store, which contain the most important information about the seller, the store and the rights of the consumer

The regulations on the Preferred Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1. Definitions
§ 2 Contact with the seller
§ 3 Technical requirements
§ 4 Shopping in the store
§ 5 Payment
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Attachment 1: Sample withdrawal form

§ 1. DEFINITIONS

Business days - days from Monday to Friday, excluding public holidays.
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Account - a free function of the Shop regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his individual account in the Shop.
Buyer – any legal entity that buys from the store.
Preferred Buyer - Preferred Consumer or Entrepreneur.
Preferred Entrepreneur - a natural person who enters into a contract with the Seller that is directly related to his business activity, but has no professional character for him (the definition applies to contracts concluded from January 1, 2021).
Regulations - these regulations.
Shop - online store of dried herbs operated by the seller at http://suszoneziola.pl.
Seller - ROBERT JACEK HANDZEL, an entrepreneur running a company under the name ATHERTON ROBERT HANDZEL, registered in the Central Register and Information on Economic Activities kept by the Minister in charge of Economy and Keeping the Central Register and Information on Economic Activities, NIP 9730837175 , REGON number 141827204, ul. . Szafirowa 14, 05-500 Piaseczno.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Szafirowa 14, 05-500 Piaseczno
2. Email address: info@eherba.de
3. Telephone: +48 600 455 116
4. Address for returning the goods (when withdrawing from the contract): Dworcowa 7 G, 82-103 Jantar
5. Address for sending the advertised goods: Dworcowa 7 G, 82-103 Jantar

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the shop you need:

a device with internet access
a web browser that supports JavaScript and cookies.
2. In order to place an order in the shop, in addition to the requirements in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING

1. The goods prices visible in the shop are the total prices of the goods.
2. The seller points out that the total price of the order consists of the price indicated in the shop: the price of the goods and, if necessary, the cost of delivery of the goods.
3. The goods selected for purchase should be added to the shopping cart in the store.
4. Then the buyer chooses from those available in the store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
5. The order is placed after confirmation of its content and acceptance of the provisions by the buyer.
6. Placing an order is tantamount to concluding a sales contract between the buyer and the seller.
7. The seller will send the confirmation of the conclusion of the purchase contract to the priority buyer on a durable medium at the latest upon delivery of the goods.
8. The buyer can register in the shop, i.e. set up an account there or make purchases without registration by providing their data for every possible order.

§ 5 PAYMENTS

1. You can pay for your order:

PayPal

2. By making purchases in the shop, the buyer accepts the use of electronic invoices by the seller. The buyer has the right to revoke his acceptance.

§ 6 ORDER COMPLETION

1. The seller is obliged to deliver the goods free of defects.
2. The fulfillment date of the order is specified in the shop.
3. If the buyer chose prepayment for the order, the seller will proceed with the order after payment.
4. In a situation where the buyer has purchased goods with a different delivery date as part of an order, the order will be processed on the date that is suitable for the goods with the longest deadline.
5. Countries to which delivery is made:
Poland
Germany
Austria
Switzerland
Belgium
France
Finland
Spain
Portugal
Italy
Greece
the Netherlands
Luxembourg

6. Goods purchased in the shop are delivered via a courier company.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

1. The preferred buyer has the right to withdraw from the contract concluded with the seller via the shop within 14 days without giving a reason, subject to § 8 of the GTC.
2. The cancellation period is 14 days from the day:
a) on which the privileged buyer, or a third party other than the carrier and designated by the privileged buyer, acquires physical possession of the goods;
b) on which the preferred buyer, or a third party other than the carrier and designated by the preferred buyer, acquires the last of the goods, in the case of an agreement requiring the transfer of ownership of many separately delivered items.
3. In order for the preferred buyer to be able to exercise his right of withdrawal, he must inform the seller of his decision to withdraw from the contract by means of a clear statement using the data specified in § 2 of the General Terms and Conditions (e.g. a letter sent by post or information sent by e-mail).
4. A privileged buyer can use the model withdrawal form at the end of the regulations, but this is not mandatory.
5. In order to comply with the cancellation period, it is sufficient for the beneficiary buyer to send a notification of the exercise of his right of cancellation before the cancellation period has expired.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE CONTRACT

The right of withdrawal for a distance contract according to § 7 of the regulation does not apply to the contract:
a) in which the subject of the performance is a non-prefabricated item, which is made according to the specifications of the beneficiary buyer or serves to satisfy his individual needs;
b) where the subject matter of the service is a perishable or short-lived item;
c) where the subject of the service is an item delivered in sealed packaging which, after opening the packaging, cannot be returned for reasons of health protection or hygiene if the packaging was opened after delivery;
d) where the subject of the service is items which, due to their nature, are inseparably connected to other items after delivery;
e) where the subject matter of performance is audio or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery;
f) for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts;
g) where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the end of the withdrawal period.

ARTICLE 9 COMPLAINTS

1. In the event of a defect in the goods, the consumer may complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee was granted. 2. When using the guarantee, the consumer can, under the conditions and deadlines set out in the Civil Code:
a) submit a price reduction declaration,
b) in the event of a significant defect - submit a declaration of withdrawal,
c) demand replacement of the item with a defect-free item,
d) demand the elimination of the defect.
3. The seller asks to send a warranty claim to the postal or electronic address specified in § 2 of the Regulation.
4. If it turns out that delivery of the defective goods to the seller is necessary in order to consider the complaint, the consumer is obliged to deliver the goods at the seller's expense to the address Dworcowa 7 G, 82-103 Jantar.
5. If the product has an additional guarantee, you can find information about it and its terms in the product description in the store.
6. Complaints about the operation of the shop should be sent to the e-mail address specified in § 2 of the Rules of Procedure.
7. The seller will examine the complaint within 14 days.

OUT-OF-COURT METHODS FOR RESOLVING COMPLAINTS AND PURSUING CLAIMS

8. If the complaints procedure does not bring the result expected by the consumer, the consumer can, among other things:
a) Mediation by the relevant Provincial Inspectorate for Trade Inspection, to which an application for mediation must be submitted. The procedure is usually free. The list of supervisory authorities is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
b) Assistance to the competent branch of the Permanent Consumer Court operating at the Provincial Inspectorate for Trade Inspection, to which an application for consideration of the case before the Arbitration Court should be submitted. The procedure is usually free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;

c) free help from the consumer ombudsman of the municipality or the district;
d) the ODR Internet platform, available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

ARTICLE 10 PERSONAL DATA

1. The administrator of the personal data provided by the buyer when using the store is the seller. Detailed information about the processing of personal data by the seller - including other purposes and reasons for data processing, as well as data recipients - can be found in the privacy policy, which is available in the shop - due to the transparency principle, which is generally contained in the Regulation of the European Parliament and of the Council (EU) on data protection – “GDPR”.
2. The purpose of the processing by the Seller of the Buyer's data, which the Buyer provides in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
- Contract or measures taken at the request of the buyer aiming at its conclusion (Article 6 (1) (b) of the GDPR),
- the legal obligation of the seller in relation to accounting (Article 6 (1) (c) and
- the legitimate interest of the seller, which consists in the processing of data to establish, exercise or defend claims (Article 6 (1) (f) of the GDPR).
3. The provision of data by the buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide the data prevents the conclusion of the contract in the shop.
4. The buyer's data provided in connection with purchases in the shop will be processed until:
the contract concluded between the buyer and the seller expires;
the seller is no longer bound by the legal obligation to process the buyer's data;
the possibility of making claims of the buyer or the seller in connection with the contract concluded by the store ends;
The buyer's objection to the processing of his personal data is accepted - if the basis for data processing was the legitimate interest of the seller
- depending on what is applicable in the individual case and what will happen at the latest.
5. The buyer has the right to request:
a) access to your personal data,
b) they correct,
c) deletion,
d) processing restrictions,
e) Transfer of data to another administrator
as well as the law:
f) object at any time to data processing for reasons arising from the Buyer's particular situation - the processing of personal data concerning him pursuant to Article 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the Administrator).
6. In order to exercise his rights, the buyer should contact the seller using the data specified in § 2 of the Regulation.
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

ARTICLE 11 RESERVATIONS

1. The buyer is prohibited from providing illegal content.
2. Each order placed in the shop constitutes a separate sales contract and requires a separate acceptance of the provisions. The contract is concluded on time and for the purpose of fulfilling the order.
3. Contracts concluded on the basis of the Regulation are concluded in Polish.
4. In the event of a possible dispute with a buyer who is not a preferential buyer, the court competent for the registered office of the seller shall have jurisdiction.
5. Any liability of the seller towards the buyer who is not a preferred buyer is excluded within the scope of the legal possibilities.
6. Liability from the warranty towards the beneficiary entrepreneur is excluded.

Appendix 1 to the regulations

Below is a sample withdrawal form that the consumer or privileged entrepreneur may or may not use:

SAMPLE FORM FOR WITHDRAWAL FROM CONTRACT
(This form only needs to be completed and returned if you wish to withdraw from the contract)

ATHERTON ROBERT HANDZEL
Ul. Szafirowa 14, 05-500 Piaseczno
Email address: info@eherba.de

- I, we (*) .......................................... . ........................ hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following Services(*):

.................................................. .................................................. ................................................... ...... ..........................

.................................................. .................................................. ................................................... ...... ..........................

.................................................. .................................................. ................................................... ...... ..........................

- Date of conclusion of the contract (*) / receipt (*)

.................................................. .................................................. ................................................... ...... ..........................

- Name and surname of the privileged consumer(s) / entrepreneur(s):

.................................................. .................................................. ................................................... ...... ..........................

- Address of consumer(s) / privileged entrepreneur(s):

.................................................. .................................................. ................................................... ...... ..........................

.................................................. .................................................. ................................................... ...... ..........................

.................................................. .. ..........................................
Signature of the consumer(s) / privileged entrepreneur(s)
(only if the form is sent in paper form)

Date ............................................

(*) Where appropriate, delete.

Account Policy

in the eHerba shop

The Privileged Entrepreneur provisions apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1. Definitions
§ 2 Contact with the seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1. DEFINITIONS

Consumer - a consumer within the meaning of the provisions of the Civil Code.
Account - a free Shop function (service), regulated by the Regulations, thanks to which the Buyer can set up his individual account in the Shop.
Buyer – any legal entity that buys from the store.
Preferred Buyer - Preferred Consumer or Entrepreneur.
Preferred Entrepreneur - a natural person who enters into a contract with the Seller that is directly related to his business activity, but has no professional character for him (the definition applies to contracts concluded from January 1, 2021).
Terms - these Account Terms.
Shop - eHerba online shop operated by the seller at http://eherba.de
Seller - ROBERT JACEK HANDZEL, an entrepreneur running a company under the name ATHERTON ROBERT HANDZEL, registered in the Central Register and Information on Economic Activities kept by the Minister in charge of Economy and Keeping the Central Register and Information on Economic Activities, NIP 9730837175 , REGON number 141827204, ul. . Szafirowa 14, 05-500 Piaseczno.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Szafirowa 14, 05-500 Piaseczno
2. Email address: info@eherba.de
3. Telephone: +48 600 455 116

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning and creation of an account you need:
- an active email account
- a device with Internet access
- a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

1. Creating an account is entirely voluntary and depends on the will of the buyer.
2. The account provides the buyer with additional options, such as For example, view the history of orders placed by the shopper in the store, check the status of the order, or edit the shopper's information.
3. To create an account, fill out the appropriate form in the store.
4. At the moment the account is created, a contract for maintaining the account on the terms specified in the Regulations is concluded between the buyer and the seller for an indefinite period.
5. The buyer can terminate the account at any time without any costs.
6. To cancel the account, please send your cancellation to the seller at the following email address: info@eherba.de, which will result in the immediate deletion of the account and the termination of the account maintenance contract.

§ 5 COMPLAINTS

Complaints about the operation of the account should be sent to the email address info@eherba.de
The seller will examine the complaint within 14 days.

OUT-OF-COURT METHODS FOR RESOLVING COMPLAINTS AND PURSUING CLAIMS
In the event that the complaints procedure does not bring the result expected by the consumer, the consumer can, among other things:
Arbitration by the relevant provincial labor inspectorate to which you must apply for arbitration. The procedure is usually free. The list of supervisory authorities is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
Supporting the competent branch of the Permanent Amicable Consumer Court operating at the Provincial Inspectorate for Trade Inspection, to which an application for consideration of the case before the Arbitration Court should be submitted. The procedure is usually free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
free help from the consumer ombudsman of the municipality or the district;
ODR internet platform, available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

ARTICLE 6 PERSONAL DATA

1. The administrator of the personal data provided by the buyer when using the account is the seller. Detailed information on the processing of personal data by the seller - including other purposes and reasons for data processing, as well as data recipients - can be found in the privacy policy available in the shop - due to the transparency principle, which is generally contained in Regulation of the European Parliament and of the Council (EU) on data protection – “GDPR”.
2. The purpose of processing the buyer's data is to keep an account. Also in this case, the basis for the processing of personal data is a contract for the provision of services or measures carried out at the request of the buyer and aimed at their conclusion (Article 6 (1) (b) of the GDPR). as a legitimate interest of the seller to process data in order to assert, investigate or defend against claims (Article 6 (1) (f) of the GDPR).
3. The provision of data by the buyer is voluntary, but at the same time necessary for maintaining the account. Failure to provide data means that the seller cannot provide the account management service.
4. The buyer's data will be processed until:
- The account is deleted by the buyer or seller at the request of the buyer
- the possibility to assert claims of the buyer or the seller in connection with the account is eliminated;
- The buyer's objection to the processing of his personal data is accepted - if the basis for data processing was the legitimate interest of the seller
- depending on what is applicable in the individual case and what will happen at the latest.
5. The buyer has the right to request:
- access to your personal data,
- their elimination,
- deletion,
- processing restrictions,
- Transfer of data to another administrator
as well as the law:
- object at any time to the data processing for reasons arising from the Buyer's particular situation - to the processing of personal data concerning him pursuant to Art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the Administrator).
6. In order to exercise his rights, the buyer must contact the seller.
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 7 RESERVATIONS

1. The buyer is prohibited from providing illegal content.
2. The account management contract is concluded in German.
3. If there are important reasons according to clause 4, the seller has the right to change the provisions.
4. Important reasons according to Section 3 are:
- the need to adapt the shop to the legal provisions applicable to the operation of the shop
- Improving the security of the service provided
- Change in the functionality of the account, which requires a change in the regulations.
5. The Buyer will be informed of the planned change in the Regulations at least 7 days before implementation by e-mail to the address assigned to the account.
6. If the buyer does not accept the planned change, he should notify the seller by sending a corresponding message to the seller's e-mail address info@eherba.de, which will result in the termination of the account management contract with the entry into force of the planned change or earlier at the buyer's request.

7. If the buyer does not object to the planned change before it comes into effect, it is assumed that he accepts it, which does not prevent a later termination of the contract.
8. In the event of a possible dispute with a buyer who is not a privileged buyer, the competent court is the court competent for the registered office of the seller.

Newsletter Policy

eHerba shop

The Privileged Entrepreneur provisions apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1. Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final Provisions

§ 1. DEFINITIONS

Consumer - a consumer within the meaning of the provisions of the Civil Code.
Newsletter – a free, electronically provided service, thanks to which the Service Recipient can receive electronically previously ordered news about the Store from the Service Provider, including information about offers, promotions and new products in the Store.
Preferred Entrepreneur – a natural person who enters into an agreement with the Service Provider that is directly related to, but not of a professional nature to, their business activity (the definition applies to agreements concluded on January 1, 2021).
Shop - eHerba online shop operated by the service provider at http://eherba.de
Recipient – any legal entity using the Newsletter Service.
Privileged Service Recipient – a privileged consumer or entrepreneur.
Service Provider - ROBERT JACEK HANDZEL, an entrepreneur running a company under the name ATHERTON ROBERT HANDZEL, registered in the Central Register and Information on Economic Activity maintained by the Minister in charge of Economy and maintaining the Central Register and Information on Economic Activity, NIP 9730837175, REGON -number 141827204, ul. . Szafirowa 14, 05-500 Piaseczno.

§ 2 Newsletter

1. The service recipient can use the newsletter service voluntarily.
2. To use the newsletter service, a device with the latest version of a web browser that supports JavaScript and cookies, with internet access and an active email account is required.
3. E-mails sent as part of this service are sent to the e-mail address provided by the customer when registering for the newsletter.
4. In order to conclude a contract and subscribe to the newsletter service, the service recipient first enters his e-mail address at the designated place in the shop, to which he would like to receive messages within the framework of the newsletter. At the time of subscribing to the newsletter, a contract for the provision of the service is concluded and the service provider starts providing it to the service recipient – subject to paragraph 5.
5. For the proper implementation of the newsletter service, the service recipient is obliged to provide their correct e-mail address.
6. The messages sent as part of the newsletter contain information about the option to unsubscribe and a link to unsubscribe.
7. The Service Recipient may unsubscribe from the Newsletter at any time, without giving reasons and without incurring any costs, using the methods specified in Section 6 or by sending a message to the Service Provider's e-mail address: info@eherba.de
8. The use of the link to unsubscribe from the newsletter by the customer or sending a message asking to unsubscribe from the newsletter will result in the immediate termination of the contract for the provision of this service.

§ 3 Complaints

1. Complaints about the newsletter should be sent to the service provider at the following email address: info@eherba.de
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

OUT-OF-COURT METHODS FOR RESOLVING COMPLAINTS AND PURSUING CLAIMS
3. In the event that the complaint procedure does not bring the result expected by the Service Recipient who is a consumer, the consumer can, among other things, with:
a) Mediation by the relevant Provincial Inspectorate for Trade Inspection, to which an application for mediation must be submitted. The procedure is usually free. The list of supervisory authorities is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
b) Assistance to the competent branch of the Permanent Consumer Court operating at the Provincial Inspectorate for Trade Inspection, to which an application for consideration of the case before the Arbitration Court should be submitted. The procedure is usually free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
c) free help from the consumer ombudsman of the municipality or the district;
d) the ODR Internet platform, available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 Personal data

1. The service provider is the administrator of the personal data provided by the customer in connection with subscribing to the newsletter. Detailed information on the processing of personal data by the service provider - including other purposes and reasons for data processing, as well as data recipients - can be found in the privacy policy available in the shop - due to the transparency principle contained in the General Regulation of the European Parliament and of the Council (EU ) on data protection – “GDPR”.
2. The purpose of processing the customer's data is to send the newsletter. The basis for the processing of personal data in this case is a contract for the provision of a service or measures taken at the request of the service recipient and aimed at its conclusion (Article 6 (1) (b) of the GDPR), as and the legitimate Interest of the service provider, which consists in processing data in order to assert, investigate or defend claims (Article 6 (1) (f) of the GDPR).
3. The provision of data by the service recipient is voluntary, but at the same time necessary for the provision of the newsletter service. Failure to provide data means that the service provider cannot provide that service.
4. The customer's data will be processed until:
a) the service recipient unsubscribes from the newsletter;
b) the possibility of asserting claims by the service recipient or service provider in connection with the newsletter no longer applies;
c) The customer's objection to the processing of his personal data is accepted - if the basis for data processing was the legitimate interest of the service provider
- depending on what is applicable in the individual case and what will happen at the latest.
5. The Service Recipient has the right to request:
a) access to your personal data,
b) they correct,
c) deletion,
d) processing restrictions,
e) Transfer of data to another administrator
as well as the law:
f) object at any time to data processing for reasons related to the particular situation of the Service Recipient – the processing of personal data concerning him pursuant to Article 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the Administrator).
6. In order to exercise his rights, the service recipient should contact the service provider.
7. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may file a complaint with the President of the Office for Personal Data Protection.

§ 5 Final Provisions

1. The service provider reserves the right to change these provisions only for important reasons. An important reason is the need to change the regulations due to the modernization of the newsletter service or a change in the law affecting the provision of the service by the service provider.
2. Information about the planned change in the regulations will be sent to the e-mail address provided by the customer when subscribing to the newsletter at least 7 days before the changes are introduced.
3. If the recipient of the service does not object to the planned changes before they come into effect, it is assumed that he accepts them.
4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address: info@eherba.de, which will result in the termination of the Service Agreement upon entry into force of the planned changes.
5. The customer is prohibited from providing illegal content.
6. The contract for the provision of the newsletter service is concluded in German.
7. In the case of a service recipient who is not a privileged recipient, the competent court is the court competent for the seat of the service provider.