TERMS AND CONDITIONS OF THE ONLINE STORE www.organicseries.co.uk
§1. GENERAL PROVISIONS
The Internet shop available at www.organicseries.co.uk is run by Track 4 Trade Ltd with its registered address: Unit5B, Tomo Industrial Estate, Packet Boat Lane, Cowley,UB8 2JP , e-mail: firstname.lastname@example.org, registered in Companies House with registration number 07498606.
These regulations apply to agreements concluded through the website www.organicseries.co.uk.
a) Online shop – the Seller’s online shop available at www.organicseries.co.uk.
b) Regulations – these Regulations of the Online Store, referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204 as amended),
c) Seller-Track 4 Trade Ltd with its registered office in Unit5B, Tomo Industrial Estate, Packet Boat Lane, Cowley,UB8 2JP, e-mail: email@example.com, registered in Companies House with registration number 07498606.
d) Buyer – a natural person having full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person having limited capacity to perform legal actions, a natural person conducting a business activity, a legal person or an organizational unit without legal personality, which uses services provided electronically by the Seller,
e) Registration form – a form available in the Online Shop which enables creating an Account,
f) Account – marked with an individual name (login) and password given by the Buyer, a set of resources in the Seller’s ICT system, in which the Buyer’s data are collected, including information on placed Orders,
g) Order form – a form available in the Online Shop, which allows the Buyer to place an Order and execute it without the need to set up an Account,
h) Order – a statement of the Buyer’s will constituting an offer to conclude an agreement to sell the Product with the Seller,
i) Sales contract – a contract of sale of the Product within the meaning of the provisions of the Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), concluded via the Online Shop in Polish,
j) Product – a movable item available in the Online Shop, being the subject of a sales contract between the Buyer and the Seller,
k) Special Product – a movable item available in the Online Shop which is the subject of a sales contract between the Buyer and the Seller, which, due to its individual properties (e.g. availability only for individual orders) is subject to special sales rules,
l) Basket – a virtual tool enabling the Buyer to aggregate selected Products before purchasing them and convert their value. When selecting Products, the Buyer can freely manage the content of the basket by adding more Products to it or removing them from the basket,
m) Promotion – a price discount for selected Products which are the subject of the sales agreement between the Buyer and the Seller, strictly defined in time,
n) Proof of purchase – fiscal receipt, invoice or other proof of purchase of the Product,
o) Newsletter – a service provided electronically by the Seller, consisting in enabling interested Buyers to automatically receive the most important information related to the Online Shop to the given e-mail address
p) Attachment No. 1 – a document attached to the Regulations allowing withdrawal from the agreement referred to in §7,
q) Attachment No. 2 – a document attached to the Regulations allowing the submission of the complaint referred to in §5,
r) Attachment No. 3 – a document attached to the Regulations, which enables placing an order via e-mail.
4. Services provided electronically by the Seller consists of:
a) enabling the maintenance of an Account in the Online Shop,
b) enabling the conclusion of the Sales Agreement by completing the Order Form,
c) keeping the Newsletter.
5. Before completing the Registration Form and creating an Account, the Buyer is asked to read the content of the Regulations and its acceptance. The agreement concerning the maintenance of an Account in the Online Store is concluded for an indefinite period of time and does not entail any financial obligations for the Buyer. The agreement may be terminated at any time by deleting the Account in the Online Shop or sending information about the resignation by the Buyer to the Seller’s e-mail address: firstname.lastname@example.org.
6. In the Online Store can be organized Promotions for selected Products from the store offer. The rules of promotion shall be decided by the Seller, making them public on the website of the On-line store.
7. Advertisements, Seller’s advertisements, price lists and other information about the Products, given on the websites of the Online Store, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code of 23 April 1964. (Journal of Laws 1964 No. 16, item 93 as amended).
8.In order to place an order effectively in the online shop www.organicseries.co.uk, a computer with a processor min. 200MHz, 64MB RAM, a graphic card supporting 800×600 and 256 colors and a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Safari), as well as a keyboard or other pointing device, enabling correct filling in of electronic forms.
9. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is at the same time a Consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), to which he is entitled under the mandatory provisions of law. In case of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
§2. TERMS OF ORDER PLACEMENT
- The Buyer is obliged to use the Online Shop in a manner consistent with applicable law, principles of social coexistence and good manners, taking into account respect for personal rights and intellectual property rights of third parties.
2. The online store conducts sales in the territory and beyond the borders of the United Kingdom.
3. The Buyer may choose one of the following ways of placing an Order:
a) placing an Order through a previously established Account,
b) placing an Order via e-mail,
c) placing an Order by telephone.
4. All Products available in the Online Shop are original, brand new (free from defects) and comply with applicable standards and requirements.
5. The orders referred to in points 3 a), b) of this paragraph may be placed 7 days a week, 24/7
6. Orders referred to in point 3 c) of this paragraph may be placed from Monday to Friday from 8:00 to 17:00.
7. In order to effectively place and execute the Order referred to in 3 a) of this paragraph, it is necessary for the Buyer to complete the Registration Form and thus set up an Account. Then the Product is added to the Cart, the Buyer completes the form available on the Store’s website and sends it to the Online Store.
8. In order to effectively place and execute the Order referred to in item 3 b) of this paragraph, the Buyer shall send a completed form (Attachment No. 3) to the following address: email@example.com.
In order to effectively place and execute the Order referred to in point 3 c) of this paragraph, the Buyer and the Seller shall be contacted by telephone at the following telephone number: +44 (0)2080502868
10. Orders placed on weekdays after 4 pm, Saturdays and Sundays and public holidays will be processed on the next working day.
11. In the case of Special Products available on an individual order, the Seller may require the Buyer to pay an advance payment of 50% of the value of the ordered Product before the Seller commences execution of the Order.
12. Confirmation of submission and acceptance for the execution of the Order shall be sent to the Buyer by the Seller by e-mail.
13. A sales contract is treated as concluded at the moment of receipt by the Buyer of the e-mail message referred to in point 12 of this paragraph.
14. Orders submitted for execution may be canceled by the Buyer who is also a Consumer within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), until the moment of shipment of the Product. In the case of Products executed on an individual Order (Special Product), this right is vested in the Buyer until confirmation of acceptance of the Order for execution.
15. The order completion time (order completion and preparation for shipment) is up to 2 working days. In the case of Special Products made on an individual order, the time of realization of the Order is each time agreed with the Buyer, however, it does not exceed 14 working days.
16. The Buyer is informed about the lack of availability of the Products, therefore it may agree to extend the execution time of the Order or resign from the ordered Product or from the whole Order. In the case of lack of availability of the Products, the estimated time of execution of the Order is agreed individually with the Buyer.
17. The Seller reserves the right to cancel the Order if the Buyer, despite being summoned to do so, has failed to make up the deficiencies required for effective execution of the Order within 7 days.
The prices given in the Online Store are expressed in British Pounds and are gross prices, including all components, including VAT and customs duties. However, the prices do not include possible delivery costs, which are indicated when placing an Order.
2. The Buyer shall be informed of the total amount of the Order each time before the Order is placed.
3. The proof of purchase (fiscal receipt or VAT invoice) is attached to each Order.
4. The Buyer who is not a consumer within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), in order to execute the Order authorizes the Seller to issue a VAT invoice without the signature of the recipient.
5. The Buyer may choose one of the following payment methods for the ordered Products:
a) payment by ordinary or Internet transfer to the Seller’s bank account,
b) payment by credit card – Visa, Visa Electron, MasterCard or Maestro,
6. The choice of payment is made by the Buyer when placing an Order.
7. If the method of payment referred to in point 5 a) of this paragraph is selected, the Products are sent at the time of posting 100% of the cash on the Seller’s account.
8. In case of choosing the method of payment referred to in point 5 b) of this paragraph, the Products are sent at the moment of a positive authorization of 100% of the Order value.
9. In the case of choosing the method of payment referred to in items 5 a), b) of this paragraph, if the Buyer fails to make payment within 7 days from the date of confirmation of the Order, the Seller shall call the Buyer to make payment. In the event of an unsuccessful call, the Seller has the right to cancel the Order, informing the Buyer thereof by e-mail or telephone.
1. The Buyer may choose the following ways of receiving the ordered Products:
a) personal collection of the ordered Products after prior consultation with the Seller – from Monday to Friday from 8:00 to 17:00.
b) delivery of the Products to the Buyer’s address given by a courier company when placing an Order,
2. The delivery address is given by the Buyer when placing an Order.
3. Delivery costs shall be borne by the Buyer.
4. The shipping costs are calculated according to current price lists and depend on the weight and size of the shipment. The Buyer is informed about the shipping costs when placing an Order. In the case of shipping outside the country, the shipping cost is determined individually based on the estimated weight of the package and the country of destination.
5. The Seller agrees to deliver defect-free Products to the Buyer.
6. The Buyer undertakes to collect the sent Product.
7. If the Product is sent to a Buyer who is not a Consumer within the meaning of the Act of 23 April 1964. – Civil Code (Journal of Laws of 2014, item 121 as amended), the moment of release of the Product and passing the danger to the Buyer (who is not a Consumer) is the moment of handing over the Product to the carrier by the Seller.
The Buyer, who is not a Consumer within the meaning of the provisions of the Civil Code (Journal of Laws No 16, item 93 as amended) is obliged to check the consignment in the presence of a courier. If the Products are found to be missing or damaged, a damage report should be drawn up, which will be the basis for the complaint.
In the case of Consumers, the Seller recommends checking the consignment in the presence of the courier. Failure to check the shipment does not stop a possible complaint, however, in the case of such verification the complaint procedure will be significantly improved.
If the Product is found to be defective, the Buyer is obliged to inform the Seller about it.
The complaint should contain a description of the Product’s defect, date of its occurrence and the Buyer’s request. In order to facilitate the complaint procedure, the Seller makes available on the website of the Online Store Appendix No. 2.
A proof of purchase or its copy should be attached to the Product under complaint.
The Buyer is obliged to send back the complained Product at its own expense. If a complaint is accepted, shipping costs are returned.
Complaints should be sent to the address:
Track 4 Trade Ltd
Unit 5B, Tomo Industrial estate
Packet Boat Lane
UB8 2JP London
If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller shall ask the complainant to supplement it within the indicated scope.
The Seller undertakes to respond to the complaint lodged by the Buyer within 14 days. Lack of response from the Seller after the time limit indicated in the previous sentence shall result in the complaint being considered justified.
The Seller shall be liable under the warranty if a defect is found within 2 years from the release of the Product to the Buyer.
Slight differences resulting from individual settings of the Buyer’s computer – and in particular the monitor – cannot be the basis for a complaint about the purchased Product.
The Seller excludes the application of the provisions of Title XI Section II of the Act of 23 April 1964. – Civil Code (Journal of Laws of 2014, item 121 as amended) in trade with Buyers who are entrepreneurs (B2B).
Products offered in the Online Shop are covered by the guarantee provided by the Seller.
Details of the warranty procedure can be found on the warranty card attached to the Product.
The guarantee does not exclude, limit or suspend the Buyer’s rights on account of the Seller’s liability for physical and legal defects of the Product to the extent specified in the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No 16, item 93 as amended).
§7. WITHDRAWAL FROM THE CONTRACT
1. The Buyer, who is a consumer within the meaning of Article 221 of the Civil Code (Journal of Laws No. 16 item 93, as amended), has the right to withdraw from a contract concluded remotely, without giving any reason, within 14 days of receipt of the Product.
2. The Buyer is not entitled to this right in the following cases:
a) the provision of services if the Seller has performed the service in full with the express consent of the Buyer, who was informed prior to the commencement of the service that after the Seller’s performance he will lose the right to withdraw from the contract,
b) contracts for services for which 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,
c) contracts whose subject matter of the performance is an unprocessed item, produced to the Buyer’s specification or serving to satisfy his individual needs,
d) contracts which have as their object the object of performance an item that is rapidly deteriorating or has a short shelf life,
e) contracts whose subject matter of performance is an item delivered in sealed packaging which, after opening the packaging, cannot be returned for health protection reasons or for hygienic reasons if the packaging has been opened by the Buyer after delivery,
f) special contracts which have as their object the provision of goods which, by their nature, are inseparably connected with other goods after delivery,
g) contracts whose subject matter of performance is alcoholic beverages, for which the price was agreed upon at the conclusion of the sale agreement and delivery may take place only after 30 days, and their value depends on market fluctuations over which the Seller has no control,
h) contracts where the Buyer expressly requested the Seller to come to him for urgent repair or maintenance. If the Seller provides additional services other than those requested by the Purchaser or provides items other than spare parts necessary for repair or maintenance – the right to withdraw from the contract shall be vested in the Purchaser with respect to additional services or items,
i) contracts whose subject matter of performance is sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened by the Buyer after delivery,
j) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,
k) contracts concluded by public auction
l) contracts for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the date or period of performance is indicated in the contract,
m) contracts for the supply of digital content not recorded on a tangible medium, if performance has begun with the express consent of the buyer before the expiry of the withdrawal period and after the seller has informed the seller of the loss of the right to withdraw from the contract.
3. The Buyer shall be entitled to effective withdrawal from the contract referred to in point 1 of this paragraph, only if the Buyer submits a written statement by e-mail or post, within the statutory 14-day period of receipt of the consignment. Specimen declaration is included in Appendix 1.
4. The Buyer, withdrawing from the contract, is obliged to return the Product together with the Proof of Purchase or its copy within 14 days from the date of withdrawal in the unchanged state.
5. The Buyer shall bear the shipping costs of the returned Product.
6. The Buyer is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics , and functioning of the Product.
7. The Seller guarantees to return the price of the Product from the Buyer immediately, no later than within 14 days.
8. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to another method of refund that does not involve additional costs for the Buyer.
9. If the Buyer has chosen other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for additional costs incurred by him.
10. Returns of Products on withdrawal from the contract, sent at the Seller’s expense or cash on delivery will not be accepted.
11. The provisions of this paragraph shall not apply to Buyers who are not consumers within the meaning of Article 221 of the Civil Code (Journal of Laws No. 16 item 93 as amended), i.e. persons carrying out legal actions directly related to their business or professional activity.
§8. PERSONAL DATA PROTECTION
1. the Buyer, by completing the Registration Form and creating an Account, is asked to agree to the processing of personal data by the Seller, in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 1997 No. 133, item 883).
2. Personal data is processed by the Seller solely for the purpose of providing the services referred to in §1 point 4 of these Regulations.
3. The Buyer’s personal data will not be disclosed to other persons or institutions for marketing purposes, without his express consent.
4. The Buyer has the opportunity to access personal data concerning him in order to verify, modify or delete them from the Seller’s database.
§9. COPYRIGHT PROTECTION
1. All pictures of the Products and other materials (including text, graphics, logos) placed on the website of the Online Store www.organicseries.co.uk are the property of the Seller or have been used by him with the consent of third parties who have copyrights to them.
2. It is forbidden to copy photos and other graphic materials and the use of reprinting of texts posted on the website of the Online Store www.organicseries.co.uk including their availability on the Internet without the written Seller or any other third party who holds the copyright to them.
3. It is also prohibited for external entities to download photos from the Online Store website www.organicseries.co.uk and use them for marketing and commercial purposes.
4. The use of the above- mentioned materials without the written consent of the Seller or any other third party with copyrights is illegal and may give rise to civil and criminal proceedings against the perpetrators.
§10. FINAL PROVISIONS
1. The Seller reserves the right to introduce restrictions on the use of the Online Store due to its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that these breaks take place at night and last as short as possible.
2. The Seller reserves the right to change the Regulations. Amendments shall come into force at the time expressly indicated by the Seller, but not earlier than 7 days after their announcement. Orders placed before the entry into force of the changes referred to in the previous sentence shall be executed according to the rules applicable at the time of their placement.
3. Any dispute between the Parties shall be settled amicably or by an independent and impartial mediator. Moreover, the consumer may use out-of-court methods of complaint handling and claiming. In order to take advantage of the possibility of an amicable settlement of disputes concerning online purchases, the Consumer may also submit his complaint via the EU ODR internet platform, available at the address: http://ec.europa.eu/consumers/odr/.
4. If no amicable settlement of the dispute, including through mediation, is possible, the jurisdiction of the Court shall be determined in accordance with the laws generally applicable in the United Kingdom.
5. In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended) and the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827) and other relevant provisions.
6. The regulations are valid from 09.09.2016.
INFORMATION – UNIDENTIFIED DATA
We would like to inform you that in the course of our activities, in particular in the course of our contacts, we may process your personal data as unidentified data.
The administrator of your personal data provided to us as part of correspondence, telephone conversations or personal contacts with our employees is Track4Trade Ltd.
The administrator does not perform activities aimed at determining the persons contacting our employees. Data stored on our servers, in particular e-mail correspondence is secured and is not made available to third parties.
Please be informed that in connection with the processing of your personal data you have the right to:
access to the data stored, request deletion of the data stored on our servers, objection to their processing, request limitation of their processing;
to lodge a complaint with the LPPC if you believe that your data is being unlawfully processed by us.
The controller has the right to refuse to exercise your rights if: it is impossible or excessively difficult to find and establish your data on the server, and the establishment of the data would be time-consuming and would involve the use of disproportionate means, to request deletion, to object to the processing, or to restrict the processing of the data, if the purposes for which you are in contact with us are violated.
Data on our servers, in particular, email correspondence, is stored for 10 years.