eShop Terms & Conditions
The Agreement between the Seller and the Buyer may be concluded in two ways.
The Buyer shall be granted the right to negotiate all the provisions of the Agreement with the Seller before placing an order. The negotiations in question shall be made in writing and all the notifications and requests shall be sent directly to the address provided by the Seller (Nectarica-eu sp. z o.o., ul. Gesia 8/307, 31-535 Krakow, Poland)
If the Buyer resigns from the possibility of Agreement conclusion in the form of provision negotiation, the regulations of those Terms and Conditions, as well as applicable law regulations shall apply.
TERMS AND CONDITIONS
1. Postal address – name and surname or institution name, location (in the case of a location with individual streets: street name, building number, suite number; in the case of a location without individual streets: location name and number), postal code, and locality.
2. Address for complaints:
Nectarica-eu sp. z o.o.
ul. Gesia 8/307
31-535 Krakow, Poland
3. Delivery price-list – the list of available shipment types and costs available on the website of the company.
4. Contact data :
Nectarica-eu sp. z o.o.
ul. Gesia 8/307
31-535 Krakow, Poland
e-mail : firstname.lastname@example.org
Tel. +4 8128 812 223
5. Delivery – a type of transportation-oriented service with shipment type and price specified on the website of the company: https://shop-eu.nectarica.com/en/shipping,16
6. Proof of purchase – invoice or receipt issued in accordance with the Act of 11th March 2014 on Value Added Tax with amendments and in compliance with applicable law regulations.
7. Product card – singular sub-page of the website containing information on a specific, individual product.
8. Client – mature natural person with full legal capacity to act, legal person, or an organizational unit without legal personality, but having full legal capacity to act, making a purchase from the Seller in relation to the performed commercial or professional undertakings.
9. Civil Code – Act of 23rd April 1964 with amendments.
10. Best Practices Code – set of operational rules, including ethical and professional norms as understood by 2 point 5 of the Act of 23rd August 2007 on Counteracting Practices Restricting Competition.
11. Consumer – mature natural person with full legal capacity to act, making a purchase from the Seller without any relations to the performed commercial or professional undertakings.
12. Cart – list of products made from products offered in the shop and basing on the choices made by the Buyer.
13. Buyer – either Consumer or Client.
14. Delivery location – postal address or exact location specified by the Buyer in the order.
15. Delivery date – date on which the Buyer or a third party acting on its behalf will collect the ordered product.
16. Payment – method of paying for the subject of the Agreement and delivery.
17. Consumer Rights – Act of 30th May 2014 on Consumer Rights.
18. Product – minimal and indivisible number of items being the subject of the order and specified by the Seller as the unit of measurement available for a particular price (price per unit).
19. Subject of the Agreement – products and delivery being the subject of the Agreement.
20. Subject of the order – Subject of the Agreement.
21.Collection place – collection spot without a specific postal address specified by the Seller in the shop.
22. Item – moveable item that can be or is the subject of the Agreement.
23 – Shop – website available at a specific URL https://nectarica.com/, by means of which the Buyer can make an order.
Nectarica-eu sp. z o.o.
ul. Gesia 8/307
31-535 Krakow, Poland
REGON: 369517705, NIP: 6751637043
IBAN ( EUR ) : PL74 12404650 1978001078397894
IBAN ( PLN ) : PL57 12404650 1111001078397706
SWIFT : PKOPPLPW
Bamk Polska Kasa Opieki Spolka Akcyjna
25. System – set of interconnected IT devices and software, allowing for processing, storing, sending, and receiving data via a telecommunication network by means of a specific end device, also referred to as the Internet.
26. Realization date – number of hours or working days specified in the product card.
27. Agreement – contract concluded outside of the premises of an entrepreneur or in a remote fashion as understood by the Act of 30th May 2014 on Consumer Rights in the case of Consumers and by art. 535 of the Civil Code of 23rd April 1964 in the case of Buyers.
28. Fault – both physical and legal flaw.
29. Physical flaw – inconsistency of the item sold with the Agreement, especially if the item:
a. has no features that it should have due to its aim specified in the Agreement or that is strictly connected with its purpose or aim;
b. has no features the existence of which has been guaranteed by the Seller,
c. is not suitable for a purpose the Consumer has informed the Seller about while concluding the Agreement and Seller has not indicated the existence of the flaw;
d. has been delivered in an incomplete state;
e. has been improperly installed or launched, if the said activities have been performed by the Seller, a third party supervised by the Seller or by the Consumer if the said party has performed all the steps specified in the guidebook provided by the Seller correctly;
f. has no features guaranteed by the producer, its representative, a person responsible for entering the product into market, or a person claiming to be a producer and using his or her own trademark or any other indication of originality, unless the Seller has not been familiarized with the said guaranteed features, could not have known about them, as well as if the features have been assumed not to have an impact on the decision made by the Consumer, or if they have been corrected and explained before the Agreement conclusion.
30. Legal flaw – situation where an item sold is owned by a third party or is covered by ownership rights of a third party, as well as if there are limitations in use or exploitation caused by a decision of a proper body.
31. Order – proof of willingness made via the shop and unequivocally specifying: the type and amount of products; delivery type; payment type; collection place, Buyer’s data, and aiming at the conclusion of the Agreement between the Buyer and the Seller.
§2 General terms
1. Agreement shall be concluded in English, in compliance with law regulations applicable in European Union and those Terms and Conditions.
2. Collection place shall be located within the borders of European Union.
3.Seller shall be obliged to provide services in a professional manner and deliver fault-free products to Buyers.
4. All the prices presented by the Seller shall be provided for 1 item in PLN and be gross prices (inclusive of VAT tax). Product prices shall not include delivery cost, which shall be specified separately in the delivery price-list. All prices per 1KG of product shall be provided in EUR and be net prices (exclusive of VAT tax) and be used just for information.
5. All terms shall be calculated in accordance with art. 111 of the Civil Code, meaning that terms provided in days shall be deemed elapsed at the end of a given day and if a specific event is the beginning of the term, the day on which the event occurs shall not be considered while calculating the term in question.
6. Confirmation, disclosure, storage, and protection of all the key provisions of this Agreement allowing for accessing them in the future shall have the form of:
a. Order confirmation, by means of sending the following data to the specified e-mail address: order, invoice, notification on the right to terminate the Agreement, those Terms and Conditions in the .pdf form, links allowing for the Terms and Conditions download, and Agreement Termination Form template;
b. Attaching the following printed documents to the realized order sent to the collection place: the proof of purchase, notification on the right to terminate the Agreement, those Terms and Conditions, and Agreement Termination Form template.
7. Seller shall inform the Buyer about all the known guarantees made by third parties and relating to the products available in the shop.
8. Seller shall not charge any fees for communicating with him via remote means and the Buyer shall incur the costs of such a communication basing on the price list of the remote communication-oriented service provider.
9. Seller shall guarantee the Buyer that the shop will be displayed correctly while utilizing the following versions of web browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with up-to-date JAVA and FLASH plugins installed, in the horizontal resolution exceeding 1024 px. The use of software provided by third parties and having an impact on the functioning of the following browsers: Internet Explorer, FireFox, Opera, Chrome, and Safari may affect the way in which the shop is displayed. In order to enjoy the full experience, they should be turned off.
10. Buyer may take advantage of an option allowing for his or her data to be remembered by the shop in order to facilitate making future orders. In order for the said option to be activated, the Buyer should provide his or her login and password required to access his or her personal account. Login and password are strings of symbols specified by the Buyer, which should be kept confidential and not disclosed to third parties. The Buyer shall be granted full right to have an insight, correct, update, and delete data in the shop.
11. Seller shall comply with the Best Practices Code.
§3 Agreement conclusion and performance
1.Orders can be placed 24 hours a day.
2. In order to make an order, the Buyer shall perform the following actions, some of which may be repeated a number of times:
a. adding a product to the cart;
b. choosing payment type;
c. selecting collection place;
d. placing an order by its confirmation.
3. Agreement is concluded with the Consumer at the moment of order placement.
4. Orders paid via money transfer or digital payment system shall be realized after registering the transfer on the bank account of the Seller, which shall be no later than within 7 days from the moment of order placement.
5. Agreement shall be concluded with the Client at the moment of accepting the order by the Seller, about which the Client shall be informed within 2 working days from the moment of order placement.
6. Subject of the Agreement shall be sent within the timeframe specified in the Product Card. In the case of numerous products being ordered, the longest timeframe shall apply. The realization term shall start with order acceptance.
7. Purchased subject of the Agreement shall be sent to the Buyer together with the proof of purchase via a shipment mode specified by the Buyer. The subject of the Agreement shall be delivered to the collection point together with all the annexes specified in §2, point 6b.
§4 Right to terminate the Agreement
1. Consumer shall have the right, granted by the article 27 of the Act on Consumer Rights, to terminate the Agreement concluded in a remote fashion, without providing any reason for such a decision and without bearing any costs, aside from the ones specified in articles 33 and 34 of the Act on Consumer Rights.
2. Agreement may be terminated within 14 days from the moment of item collection. In order for the term to be consider kept, the Buyer shall send a written notification before its elapse.
3. Notification on the termination of the Agreement can be sent in any form compliant with the Act on Consumer Rights.
4. Seller shall immediately confirm Consumer’s e-mail (the address of which shall be provided while concluding the Agreement. If it is different, the valid address shall be provided in the notification sent) regarding the willingness to terminate the Agreement.
5. In the case of Agreement termination, the Agreement in question shall be considered null and void.
6. Consumer shall be obliged to return the received items to the Seller immediately, no later than within 14 days from the moment of Agreement termination. For the said term to be kept, the items shall be returned before its elapse.
7. Consumer shall send back items being the subject of the Agreement at his or her own risk and expense.
8. Consumer shall not bear the costs of receiving digital materials not saved on a material carrier if he or she has not agreed to perform the obligations before the elapse of the Agreement termination term or has not been informed about the loss of the right to terminate the Agreement while agreeing to conclude the Agreement or the entrepreneur has not provided the confirmation in compliance with art. 15 point 1 and art. 21 point 1 of the Act on Consumer Rights.
9. Consumer shall be held responsible for causing the decrease of the value of the received item being the subject of the Agreement, being the result of using it to the extent exceeding the use necessary to identify its nature, features, and mode of operation.
10. Seller shall immediately, no later than 14 days after receiving the notification about the willingness of the Client to terminate the Agreement, return all the payments incurred by the said party, included shipment costs. If the Consumer has chosen delivery option different than the cheaper one, the Seller shall not be obliged to return the Customer the additional costs, in compliance with art. 33 of the Act on Consumer Rights.
11. Seller shall return money paid by the Consumer by using the same payment method as used by the Consumer, unless the said party has agreed for a different money return method that is not connected with the necessity to bear any additional costs.
12. Seller shall be granted the right to return the payment received from the Consumer till the reception of the item being the subject of the Agreement, or till the collection of a proof of sending the item back, whichever event comes first.
13. According to art. 38 of the Act on Consumer Rights, the Consumer shall not be granted the right to terminate the Agreement:
a. in the case of which the value or remuneration depends on changes on the financial market, over which the Seller has no control and which can occur before the Agreement termination;
b. in the case of which the subject of the Agreement is a custom-made item, manufactured in accordance with the specification provided by the Consumer or made in such a way to satisfy said party’s individual needs;
c. in the case of which the subject of the Agreement is an item the quality of which quickly deteriorates or the best-before date of which is relatively short;
d. in the case of which the subject of the Agreement is an item delivered in a sealed box, after opening of which the item cannot be returned due to health-related, hygienic, and other vital reasons;
1. According to art. 558 §1 of the Civil Code, the Seller shall not be held responsible by the Customers for both legal and physical faults of the products (surety).
2. Responsibility of the Seller towards the Consumer shall be governed by art. 556 of the Civil Code and further articles with regard to faults (surety).
3. If the item received by the Consumer is faulty, the Consumer may:
a. make a claim for the price of the item to be reduced;
b. terminate the Agreement,
unless the Seller immediately and without any inconveniences for the Consumer exchange the faulty item for a brand-new one. If a given item has been exchanged by the Seller or the Seller has failed to exchange or replace the faulty item, the Consumer shall not be granted the right for the item to be exchanged.
4. The Consumer may request the item to be exchanged for a new one, unless making the returned item to be in line with the provisions of the Agreement is impossible or would require incurring more substantial costs than the solution proposed by the Seller. While assessing the cost of fault fixing, such aspects as the value of a fault-free item, type and severity of the identified fault, as well as inconveniences for the Consumer are all taken into account.
5. Consumer shall not be granted the right to terminate the Agreement if the identified fault is marginal in nature.
6. If the received item is faulty, the Consumer may request the item to be exchanged for a brand-one.
7. Seller shall be obliged to exchange the faulty item for a new one in the quickest time reasonable in order to avoid causing any inconveniences to the Consumer.
8. Seller may disagree to comply with the request of the Consumer if it is impossible to exchange the faulty item, or there would be the necessity to incur excessive costs by doing so.
9. Costs of replacement shall be incurred by the Seller.
10. Consumer shall send the faulty item to Magazyn PoV, Jeziora 2, 05-652 Pniewy. Seller shall be obliged to exchange it for a brand-new one.
11. Within 14 days from the moment of item collection, the Seller shall inform the Consumer about his decision on:
a. the claim to reduce the price of the item;
b. the notification of Agreement termination,
c. the claim to exchange the purchased item for a new one;
Otherwise, it shall be understood that the Seller accepts the claim of the Consumer.
12. Seller shall be held responsible for item faults if they have been identified before two weeks from the moment of their collection by the Consumer.
13. Claim made by the Consumer to exchange the faulty item for a brand-new one shall not be considered valid after two weeks from the moment of fault identification, two weeks from the moment of brand-new item delivery.
14. Within the timeframe specified in §5, points 12-13, the Consumer may send the Seller a notification on Agreement termination or a claim for the item value to be reduced due to the identification of a physical fault of the purchased item. If the Consumer claims the item to be exchanged for a brand-new one, the effective notification or claim issuing term starts with the elapse of the item exchange or replacement term.
15. If the Consumer presents his claims to a proper court or arbitration court, the term for the performance of other responsibilities shall be withdrawn till the binding verdict is presented by the court. The aforementioned principle also applies to arbitration proceedings, in the case of which the term for the performance of other responsibilities starts from the moment of amicable agreement made by the parties and agreed by the arbitrary court or from the end of the mediation proceedings.
26. Performance of surety-related responsibilities shall be governed by the provisions of §5, points 12-13, with the effective term starting on the day when the Consumer has identified the fault. If the Consumer has learned about the presence of a fault by being informed about the said fact by a third party – on the day the information provided by the third party has been approved by a proper legal body.
17. If the Consumer has issued a claim for the Agreement to be terminated or for the item price to be reduced due to the occurrence of a fault, the said party may claim compensation for the damages that have been caused due to the conclusion of the Agreement without the knowledge of the presence of the fault, even if the damage has been caused by circumstances being beyond Seller’s liability. In particular, the Consumer may claim Agreement conclusion costs return, item collection costs return, transportation, storage, and insurance costs return, as well as the return of the funds spent and not returned from a third party and – legal proceedings costs return. This provision shall not limit the responsibility of the Seller of compensating for the damages based on applicable law.
18. The elapse of the aforementioned fault identification term shall not be taken into account if the Seller has purposefully concealed information on the fault presence.
19. Seller shall compensate for the damages to the Consumer immediately, no later than till the date specified in the provision of applicable law regulations.
§7 Final remarks
1. None of the provisions of those Terms and Conditions aims at breaching the rights of the Buyer. It shall also not be interpreted in such a way. In the case of a discrepancy between the provisions of those Terms and Conditions and applicable law regulations, the Seller agrees to fully comply with the law regulations and follow it while providing services to the Buyer.
2. Buyers shall be informed about changes introduced to those Terms and Conditions and their scope via e-mail (sent to the account provided during the registration process). The notification will be sent no later than 30 days before the Terms and Conditions enter into force. Changes shall be introduced to those Terms and Conditions in order to adjust them to the applicable law.
3. Current version of those Terms and Conditions shall be always available to the Buyer in the Terms and Conditions section: https://shop-eu.nectarica.com/en/terms-conditions,11. During the order realization process, as well as the post-sales servicing period, the Buyer shall comply with those Terms and Conditions accepted while placing an order, except the situation when the Consumer considers the new Terms and Conditions to be less beneficial and has informed the Seller about the choice of the Terms and Conditions already in force to be the preferred ones.
4. To all the matters not governed by those Terms and Conditions, the applicable law regulations shall apply. If the Consumer expresses his or her consent, all the disputes arising in relation with those Terms and Conditions shall be solved by an arbitrary body, namely by the Local Inspectorate of Trade Inspection, an arbitrary court or by any other body designated to solve disputes between the Consumer and the Seller in an amicable manner. If the mediation provided by the said bodies shall not yield satisfactory results, the disputes shall be solved a locally and materially competent court.