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Regulations of use of the site, effective 30 November 2022

Regulations of the Shaman.pl online shop

 

The online shop available at www.shaman.pl, hereinafter referred to as the Shop, is operated by Joanna Śniegocka, conducting business under the name Shaman Joanna Śniegocka, address: ul. Długa 23, 63-400 Ostrów Wielkopolski (NIP: 6222647314, REGON: 300627037), e-mail address: info@shaman.pl 

These Regulations are effective as of 30.11.2022

The terms used in these regulations mean:

  • Price - the amount of gross remuneration in Polish zloty (including tax) due to the Seller for the transfer of ownership of the Goods to the Consumer/Customer in accordance with the concluded Sales Agreement or for the services provided to the Customer (does not apply to Electronic Services).
  • Clearing Centre - an entity external to the Online Shop that acts as an intermediary in the processing of payments by electronic transfer or payment card.
  • Order processing time (shipping) - the number of working days counted from the time the payment is credited to the Seller's bank account, until the order is released to the Supplier.
  • Delivery time of an order - is the time from the issuance of the order to the Supplier until the first attempt to deliver the order to the address indicated by the Customer/Consumer or to a parcel machine selected by the Customer/Consumer.
  • Supplier - an external entity with whom the Seller cooperates in the provision of the Goods delivery service, selected by the Customer/Consumer at the order placement stage.
  • Working day - a weekday from Monday to Friday excluding public holidays.
  • Registration form registration - a form available in the Store to create an Account.
  • Form order form - an interactive form available in the Store which enables the placing of an Order, in particular by adding Products to the Basket and defining the terms of the Sales Contract, including the method of delivery.
  • Commercial information - commercial information within the meaning of Article 2(2) of the Act on provision of services by electronic means, in particular advertisements, commercial offers and information on news, promotions and other events concerning the Store.
  • Civil Code - Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
  • Customer - a natural person with full legal capacity, a legal person or an organisational unit which is not a legal person and to which special regulations grant legal capacity, who intends to conclude or has concluded an agreement for the provision of Electronic Services or a Sales Agreement.
  • Consumer - is a natural person within the meaning of the Act of 31 July 2019 on the amendment of certain acts in order to reduce regulatory burdens, (Journal of Laws 2019, item 1495) performing a business activity on his/her own behalf, who uses the Selling Platform, making a legal transaction with the Seller not directly related to his/her business or professional activity.
  • Account - a free Electronic Service, i.e.
  • - a free Electronic Service, i.e. a set of resources in the Seller's ICT system, marked with an individual name (login) and password provided by the Customer/Consumer, in which the data provided by the Customer/Consumer during the registration of the Account and information about Orders placed by him/her are stored.
  • Cart - Electronic Service made available to each Customer/Consumer, consisting of enabling him/her to easily make an Order of one or more Products, collecting, storing and displaying information about: the selected Products and their total Price (and shipping costs, if any), the expected delivery date and the storage of information about the selected Products also after the end of the browser session, provided that the Electronic Service "Summary of the Basket" is used.
  • Newsletter -Distribution Electronic Service provided by the Seller via e-mail, which enables all Customers or Consumers using it to automatically receive cyclical content from the Seller containing information about, inter alia, Products, news and promotions available in the Store, to the e-mail address provided by the Customer/Consumer, with his/her express consent. The rules of Newsletter service provision by the Seller are defined by a separate provision in the Privacy Policy made available at https://www.shaman.pl/
  • Cart Summary - a service provided electronically consisting of an email message sent by the Seller to the address provided by the Customer/Consumer, containing a summary of the Products added by the Customer/Consumer to the Cart but not ordered by him/her (i.e. not covered by an Order on the part of the Customer/Consumer), which email message allows the Customer/Consumer to return to the Online Shop to complete the purchase process (i.e. to include such Products in the Order). This email allows the Customer/Consumer to return to the Online Shop and complete the purchase process (i.e. to place an Order for such Products).
  • Privacy Policy - a set of rules concerning the processing and protection of Customers'/Consumers' personal data, constituting an integral part of these Terms and Conditions, made available free of charge on the website of the Online Shop.
  • Product/good - a movable item available on the Online Shop which is the subject of a Sales Contract between the Seller and the Customer/Consumer.
  • Regulations - these Regulations together with all annexes forming an integral part thereof, including in particular the "Privacy Policy".
  • Service - a Vendor-owned group of interlinked, for enhanced functionality, websites and other documents made available under https://www.shaman.pl/through the WWW service;
  • Force majeure - is defined as an external event, impossible to foresee (which also includes the slim probability of its occurrence in a given situation) and impossible to prevent (not so much the phenomenon itself as its consequences) in particular fires, floods, earthquakes, volcanic eruptions, outbreaks of epidemics, as well as general strikes, riots, acts of war, terrorist acts, military coups. Also certain actions of state authorities, such as blockades of state borders or the imposition of export or import bans.
  • Internet store - an extensive online sales service by means of which the Seller provides electronic services, including, in particular, the presentation of products, placing orders, concluding distance agreements and accessing digital content, operated by the Seller at the web address https://www.shaman.pl/
  • Seller - Joanna Śniegocka, conducting business under the name Shaman Joanna Śniegocka, address: Długa 23.Street, 63-400 Ostrów Wielkopolski (NIP: 6222647314, REGON: 300627037), e-mail address: info@shaman.pl, telephone +48 664377705.
  • Contract of Sale - a contract of sale of Goods concluded between the Customer/Consumer and the Seller via the Online Shop.
  • Distance Agreement - an agreement concluded with the Customer/Consumer within an organised distance contracting system, via the Online Shop, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
  • Service Electronic - a service provided electronically by the Seller to the Customer/Consumer via the Online Shop, operated at https://www.shaman.pl/
  • Electronic Services Provision Act - Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204. as amended).
  • Food and Nutrition Safety Act - Act of 25 August 2006 on food and nutrition safety ( OJ 2018 0.1541).
  • User -any person using the Service.
  • Order - a declaration of will of the Customer/Consumer externalised by him/her through an electronic Order Form on the Online Shop, made in a manner that enables identification of the Customer/Consumer, the Products to be the subject of a distance contract, the method of delivery, the method of payment and the selling price.

General provisions

2.1. These Regulations set out in particular:

  • a) general terms and conditions for the use of the Shop,
  • b) rules for placing Orders in the Store,
  • (c) rules for the provision of Electronic Services,
  • d) rules for the conclusion of Sales Contracts the subject of which are certain Goods,
  • e) the complaints procedure and the procedure for withdrawing from the Sales Contract.

2.2. The online shop at https://www.shaman.pl/ is operated by the Seller. The contract of sale of the Goods is concluded between the Customer/Consumer and Joanna Śniegocka, conducting business under the name Shaman Joanna Śniegocka. Detailed information is given in the introduction to the Terms and Conditions.

2.3. The seller shall sell in the territory of Poland.

2.4. All announcements, advertisements, price lists and other information placed on the pages of the Internet Shop, referring to the Goods placed there, do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

2.5. The dietary supplements sold in the Shop are not medicinal products. They do not have the property of preventing or treating diseases. They are foods which are defined in the Food and Nutrition Safety Act as foodstuffs whose purpose is to supplement a normal diet, being a concentrated source of vitamins or minerals or other substances having a nutritional or other physiological effect.

2.6. The data contained in the content of the website is for information purposes only. The information provided on the website is not a medical description. The published information should not be used to diagnose, treat or prevent any disease.

2.7. Copyright in the content of the Store's Internet pages, as well as the Store's graphic elements, their layout and composition, constituting works as defined by the Act on Copyright and Related Rights, is vested in the Seller.

2.8. The Customer/Consumer of the Store undertakes to respect the intellectual property rights and industrial property rights of the Seller and third parties. Copying, distributing or making elaborations of the Shop, its elements, as well as its appearance as a whole, constituting a work within the meaning of the Act on Copyright and Related Rights, without the express written consent of the Seller, constitutes an infringement of its economic copyrights.

2.9. The Seller informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials or photographs published on the Shop website are legally protected and are used by the Shop for information purposes only.

2.10. All names of Products offered for sale through the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.

2.11. Customers/Consumers may communicate with the Seller by e-mail at: info@shaman.pl, as well as by telephone at +48 664377705 and in writing (contact details as at the beginning of these Terms and Conditions), with orders being placed by Customers/Consumers using the Order Form, in accordance with the procedure provided for in section 6 of these Terms and Conditions.

2.12. The Seller has the right to organise occasional promotions, the terms and conditions of which will be stated each time on the Store's website. Promotions are not cumulative unless the Terms and Conditions of a given promotion state otherwise.

2.13. These Terms and Conditions are available free of charge on the website of the Online Shop /in a manner that allows the Customer/Consumer to become acquainted with it before concluding the agreement, and moreover, at the Customer's request, the Seller makes it available in a manner that allows it to be obtained, reproduced and recorded by means of a data communications system (although the User has the possibility of obtaining, reproducing and recording the Terms and Conditions independently).

Rules of Use of the Shop

3.1. These Terms and Conditions are addressed to both Customers/Consumers using the Online Shop or entering into Sales Agreements, with the exception of point 13 of the Terms and Conditions, which is addressed exclusively to Customers who are not Consumers.

3.2. Acceptance of the Terms and Conditions is voluntary but necessary in order to create an Account and/or for the Customer/Consumer to place an Order.

3.3. Making purchases and placing Orders is possible without the need to register (concluding an agreement for the provision of the Electronic Service "User Account"), however, it is a condition that you accept the content of these Terms and Conditions and the Privacy Policy and provide the Personal Data necessary to execute the agreement 

3.4. In order to use the Shop, including browsing the product range and placing orders for Products, it is necessary to meet the minimum technical requirements such as:

  • computer, laptop or other multimedia device connected to the Internet
  • web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge - updated to the latest versions
  • active email account (e-mail)
  • enable cookies and Javascript in your web browser
  • recommended minimum screen resolution: 1024x768

3.5. The Customer/Consumer is obliged to use the Online Shop in a manner consistent with applicable laws and the provisions of these Terms and Conditions. In particular, he/she is obliged to:

  • refrain from any activity that could affect the proper functioning of the Store, including, in particular, any interference with the content of the Store or its technical elements,
  • not to provide or transmit content prohibited by law, including in particular content that is offensive or vulgar, inciting violence or other actions contrary to the law or good morals or that infringes personal rights and other rights of third parties,
  • Not to send or post unsolicited commercial information (spam) within the Shop,
  • Use any content on the Store solely for your own personal use,
  • use the Shop in a manner that is not onerous for other Customers/Consumers and the Seller.

3.6. In addition, the Customer/Consumer shall:

  • enter only true, current and all necessary data of the Customer/Consumer in the forms made available on the Online Shop,
  • to promptly update the data, including personal data, provided by the Customer/Consumer in connection with the conclusion of an Electronic Services Agreement, a Service Agreement or a Sales Agreement,
  • Timely payment of the Price and other costs agreed upon by the Customer/Consumer and the Seller in full,
  • timely collection of Products ordered using cash-on-delivery and payment methods,

3.7. In the event of a breach of these Terms and Conditions by the Customer/Consumer, in particular by breaching the provisions of point 3.5. of the Terms and Conditions, the Seller may deprive the Customer/Consumer of the right to use the Online Shop, as well as may restrict his/her access to part or all of the Online Shop resources, with immediate effect.

3.8. The information provided by the Customer/Consumer in the course of placing the Order should be truthful, up-to-date and accurate. The Seller reserves the right to refuse the execution of an Order in the event that the data provided prevents the execution of the Order, in particular prevents the proper delivery of the consignment. Before refusing the fulfilment of the Order, the Seller will attempt to contact the Customer/Consumer in order to establish the data to the extent enabling the fulfilment of the Order.

Electronic Services

4.1. The Seller shall provide electronically the free Electronic Services detailed in this chapter. 

4.2. The "Registration Form" service consists of enabling Customers/Consumers to set up an Account with the Store, using a login, which is the Customer's/Consumer's email and a unique password chosen by the Customer/Consumer and used to access the Store's Account resources, in accordance with the procedure provided for in paragraph 5 of the Terms and Conditions. 

4.3. The "Registration Form" service is provided free of charge and is a one-time service. 

4.4. The conclusion of the "Registration Form" service occurs when the User opens the subpage of the Website containing the "Registration Form" and begins to fill in the data required by the "Registration Form",  

4.5. The contract for the provision of the "Registration Form" service is concluded for a fixed period of time - the performance of the Electronic Account Registration Service. 

4.6. The contract for the provision of the "Registration Form" service expires at the time of:

4.6.1.  close the sub-page containing the "Registration Form",

4.6.2.  completing the Account registration process. 

4.7. The Account Service, described in detail in paragraph 5 of these Terms and Conditions, is provided on the terms and conditions set out therein. 

4.8. The "Order Form" service consists of making available an Order Form (as defined in these Regulations) enabling the Order to be placed in accordance with the procedure provided for in section 6 of the Regulations. 

4.9. The "Order Form" service is provided free of charge and is a one-time service. 

4.10. The conclusion of the "Order Form" service occurs when the User opens the subpage of the Website containing the Order Form and begins to fill in the data required by the Order Form,  

4.11. The contract for the provision of the "Order Form" service is concluded for a fixed period of time - the placement of the Order. 

4.12. The termination of the contract for the "Order Form" service shall occur at the time of:

4.12.1.  close the subpage containing the Order Form,

4.12.2.  however, in the case of closing the sub-page containing the "Order Form" and concluding a contract for the provision of the "Shopping Cart Summary" Electronic Service - at the moment of expiration of the :Shopping Cart Summary" contract,

4.12.3.  completion of the Order process.

4.13. The "Shopping Cart" Electronic Service consists of enabling the Consumer/Customer to easily make an Order of one or more Products, collecting, storing and displaying information about: the selected Products and their total Price (and shipping costs, if any), the expected delivery date and the storage of information about the selected Products also after the end of the browser session, provided that the Electronic Service "Summary of the Basket"

is used.

4.14. The "Shopping Cart" Electronic Service is provided free of charge and is concluded for a limited period of time. 

4.15. The conclusion of the "Shopping Cart" service occurs when a particular Item located on a subpage of the Website is clicked on and a desire to purchase it is expressed. 

4.16. The termination of the "Shopping Cart" service agreement occurs at the time of:

4.12.1.  closure of all subpages of the Service,

4.12.2.  complete the purchasing process and place the Order.

4.17. The "Shopping Cart Summary" Electronic Service is a free Electronic Service consisting of the Seller sending an email to the address provided by the Customer/Consumer, containing a summary of the Products added by the Customer/Consumer to the Shopping Cart but not ordered by the Customer/Consumer (i.e. not covered by an Order on the part of the Customer/Consumer), which email allows the Customer/Consumer to return to the Online Shop to complete the shopping process (i.e. cover such Products with an Order). The Seller sends an e-mail message to the address provided by the Customer/Consumer containing a summary of the Products added to the Basket by the Customer/Consumer but not ordered by the Customer/Consumer (i.e. not included in the Order by the Customer/Consumer), which enables the Customer/Consumer to return to the Online Shop and complete the purchase process (i.e. include such Products in the Order).

4.18. The link sent by the Seller is active for 21 days from the moment it is generated. 

4.19. When the User clicks on the link received, a web page opens within the Online Shop, which allows the use of the electronic "Basket" service configured at the time of its closure, with a full range of functionalities (adding and subtracting Products, entering discount codes, placing an Order, etc.).

4.20. The conclusion of the contract for the provision of the "Shopping Cart Summary" Electronic Service shall occur: 

4.20.1. in the case of Customers/Consumers using an Account, at the time of the conclusion of the Agreement for the provision of the Account Electronic Service, 

4.20.2. in the case of Users who do not use an Account - at the moment of entering their email address into the appropriate window located within a given web page of the Internet Shop (also pop-up) and giving their consent to the processing of personal data in accordance with the Privacy Policy, 

4.21. The contract for the provision of the Electronic Service "Basket Summaries" is concluded:

4.21.1. in the case of Customers/Consumers using an Account - for an indefinite period of time,

4.21.2. in the case of Users not using an Account - for a fixed period of 21 days.

4.22. The Agreement for the provision of the Electronic Service "Cart Summaries" may be terminated at any time by Customers/Consumers using an Account by sending an appropriate email to: info@shaman.pl

4.23. Newsletter service is an electronic distribution service provided by the Seller via e-mail, which enables all Customers or Consumers using it to automatically receive from the Seller cyclical content containing information about, inter alia, Products, news and promotions available at the Store, to the e-mail address provided by the Customer/Consumer, with his/her express consent. The rules of providing Newsletter services by the Seller are defined by a separate provision in the Privacy Policy available at https://www.shaman.pl/.

4.24 The Newsletter service is provided free of charge and is concluded for an indefinite period of time. 

4.25. The Newsletter service is concluded when the User places an order for such a service by entering his/her email address in the appropriate place on the relevant subpage of the Site and clicking on the "subscribe" button. 

4.26. The termination of the "Newsletter" service agreement occurs when the User or the Seller submits a resignation (termination) of the Newsletter service agreement.

4.27. The "Contact Form" service consists of sending a message to the Seller by means of a form placed on a subpage of the Website. 

4.28. The "Contact Form" service is provided free of charge and is a one-time service. 

4.29. The conclusion of the "Contact Form" service occurs when the User opens the subpage of the Website containing the "Contact Form" and begins to fill in the data required by the "Contact Form",  

4.30. The contract for the "Contact Form" service is concluded for a fixed period of time - sending a message to the Seller. 

4.31. The termination of the "Contact Form" service agreement occurs at the time of:

4.31.1.  close the sub-page containing the "Contact Form",

4.31.2.  completing the process of sending the message to the Vendor.

4.32. The Electronic Service "Publication of Customer/Consumer Opinions" consists of enabling the above to place individual and subjective statements about particular Goods on the Shop's web pages (under the description of a given product). This opinion is verified by the Seller before publication and the Seller is not obliged to place it. 

4.33. The "Customer/Consumer Opinion Publication" service is provided free of charge and is a one-time service. The display of opinions on the Goods page is not the result of the duration of the contract for the provision of the Electronic Service, but of its fulfilment by the Seller.

4.34. The conclusion of the service "Publication of Customer/Consumer Opinion" takes place when the User opens the subpage of the Website containing the page of the given Goods and begins to fill in the field enabling the posting of statements. 

4.35. The service contract for the "Publication of Customer/Consumer Opinions" is concluded for a fixed period of time - the posting of the Customer's/Consumer's statements. 

4.36. The termination of the contract for the provision of the Customer/Consumer Review Publication service"  occurs at the time of:

4.36.1.   closing the Goods subpage,

4.36.2.   completion of the statement submission process.

4.37. The "Claim Form" service is provided free of charge and is a one-time service. 

4.38. The conclusion of the "Claim Form" service occurs when the User opens the subpage of the Website containing the "Claim Form" of the order and begins to fill in the data required by the "Claim Form",  

4.39. The contract for the provision of the "Claim Form" service is concluded for a fixed period of time - the submission of the claim. 

4.40. The termination of the contract for the provision of the "Claim Form" service occurs at the time of:

4.40.1.  closing the sub-page containing the "Claim Form",

4.40.3.  completion of the claims process.

4.41. The Electronic Services listed in this section are provided by the Seller 24 hours a day, 7 days a week.

4.42. The Seller makes every effort to ensure that the services provided by the Shop are of the highest quality, however, the Seller does not exclude the possibility of temporary suspension of the Shop's availability, in particular in case of the need to carry out maintenance, review, the need to modernise or expand the Shop.

4.43. To the fullest extent permitted by law, the Seller shall not be liable for any disruption in the provision of Electronic Services, including interruptions in the functioning of the Shop caused by force majeure, unauthorised acts of third parties or the incompatibility of the Online Shop with the technical infrastructure of the Customer/Consumer.

4.44. Complaints regarding the Electronic Services may be made in writing or by e-mail (contact details indicated at the beginning of these Terms and Conditions). In the complaint, the Customer/Consumer should provide his/her name, mailing address and the type and date of the irregularity related to the Electronic Services provided by the Service Provider. Complaints will be considered by the Seller within 14 days.

User account

5.1. The free electronic Account service in the Shaman shop is available to natural persons with full legal capacity, legal persons or organisational units without legal personality which are granted legal capacity by law.

5.2. The Account Service in the Store is available after registration using the Registration Form located at the top of each of the pages comprising the Store. Registration takes place by completing and accepting the Registration Form, made available on the Store's website.

5.3. In the Registration Form, it is necessary for the Customer/Consumer to provide the following data: first and last name, company name (if applicable), email address and login information, which consists of an email address and a unique user password, which is set during registration.

5.4. It is forbidden to add content of an unlawful nature in the form, in particular personal data of third parties who have not granted authorisation to create an Account on their behalf.

5.5. Meeting the conditions set out above and clicking on the "Register" button results in the sending of a registration form and is equivalent to creating an Account in the Shop. The Seller sends to the Customer/Consumer, at the e-mail address provided by him/her, a message confirming the creation of an Account in the Store.

5.6. The email address and password provided at the time of registration will be used to log in to the Account in the Store, unless the Customer/Consumer changes the login data via the account settings, in which case the changed data will be the new login data.

5.7. The Customer/Consumer is obliged not to disclose to third parties the login details used to log in to the User Account on the Online Shop.

5.8. After logging into the Account, the Customer/Consumer has the option to:

  • tracking order status,
  • view of order history,
  • modify payment methods,
  • update your data,
  • recording alternative delivery addresses,
  • order and unsubscribe from the newsletter,
  • receive notifications of product availability,
  • add product reviews.

5.9. In order to add an opinion, you must log in to your Account and then select the product to be reviewed. Then select the "Add review" tab under the product, fill in the relevant form and enter the content of the review in the appropriate box and click on the "Add review" button. Clicking on the "Add review" button sends the form to the Seller. The opinion will be posted once the content has been approved by the Seller.

5.10. The Seller reserves the right to refuse to post an opinion if it violates any of the provisions of section 3.5. of these Terms and Conditions.

5.11. In order to receive a notification of availability of a product that is not available at the time of browsing the Store's products, the Customer/Consumer logged in to the Store Account should select and click the "notify me of availability" button.

5.12. The Seller shall be entitled to block access to the Customer's/Consumer's Account and other electronic services referred to in clause 4.1. of the Terms and Conditions if the Customer/Consumer acts to the detriment of the Seller or other Customers/Consumers, in particular through violation by the aforementioned of legal provisions or provisions of these Terms and Conditions.

5.13. The Seller shall inform the Customer/Consumer of its intention to block his/her Account at the e-mail address currently registered in the Shaman Online Shop. The blocking of the Account in the case described above shall mean the termination of the contract with the Customer/Consumer for the provision of electronic services with immediate effect.

5.14. In the case of blocking a Customer's/Consumer's account pursuant to clause 5.13. of these Terms and Conditions, the Seller shall cancel any unfulfilled orders placed by that Customer or Consumer. The cancellation shall take place within 1 working day, counted from the day the account is blocked. In such a case, the entire amount paid for the order shall be refunded.

5.15. The electronic Account service may be terminated by the Customer / Consumer at any time by sending an appropriate statement to the e-mail address of the Seller. The detailed procedure is described in section 4.11 of the Terms and Conditions. The termination of the account does not affect the execution of placed orders.

Submission of orders

6.1. The Customer/Consumer may purchase Goods from the Shop's range by placing an Order. The Customer/Consumer places an Order through the website https://www.shaman.pl/ with the use of an Account, after logging in to the Shop or after providing the necessary personal and address data to complete the order without registering an Account.

6.2. Orders can be placed 24 hours a day, 7 days a week.

6.3. The Customer/Consumer selects the Goods in the Shop's assortment at the time of placing the Order, according to their description and price, and specifying their number, as well as the method of delivery. The Customer/Consumer completes the elements of the Order using the Basket and taking the subsequent technical steps to place the Order based on the messages displayed to him/her and the information available on the website.

6.4. During the placement of the Order - until the "Confirm Purchase" button is pressed - the Customer/Consumer has the possibility to modify the elements of the Order, in particular with regard to the selection of the Goods and the number of Goods, and has the possibility to enter the promotional code held.

6.5. Once the Customer/Consumer using the Shop has entered all the necessary data, a summary of all the elements of the Order will be displayed. The summary of the elements of the Order placed will include information concerning:

  • subject of the order - Goods and their number,
  • the unit and total price of the Goods ordered, including delivery costs and additional costs (if any),
  • selected payment method,
  • selected delivery method,
  • delivery time.

6.6. In order to place an Order, it is necessary to accept the content of the Terms and Conditions and the Privacy Policy, provide personal data marked as mandatory and click the "Confirm purchase" button.

6.7. Once the Customer/Consumer has submitted a correctly completed Order Form, the Seller immediately sends the Customer/Consumer information about its acceptance, i.e. acceptance of the offer within the meaning of the Civil Code, to the Customer/Consumer's e-mail address provided when placing the Order or when creating an Account.

6.8. The contract of sale is deemed to be concluded upon receipt by the Customer/Consumer of the email referred to in the paragraph above, subject to the condition precedent of payment of the purchase price (pertaining to selection of the payment method in advance). In the event that the Seller does not immediately confirm acceptance of the Order for execution, the contract between the Customer/Consumer and the Seller shall not be concluded and any payment made for the unaccepted Order shall be immediately refunded to the Customer/Consumer.

6.9. If it is not possible to accept all or some of the offers made under the Order, the Seller shall contact the Customer/Consumer in order to:

  • informing the Customer/Consumer that it is not possible to accept all the offers made under the Order to conclude the Sales Contract,
  • confirmation by the Customer/Consumer of his/her willingness to complete the Order in the part in which the Seller has agreed to accept the offers to conclude the Contract of Sale or to conclude the contract of sale on changed terms. The Customer/Consumer may then cancel the Order in its entirety (withdraw all offers made, to which the Seller gives blank consent), which does not affect his/her right to withdraw from the Sales Contract. The cancellation of the Order by the Customer/Consumer releases the Seller from its obligation to carry out the Order. In the event of cancellation of the Order, clause 6.12. below shall apply accordingly.

6.10. If it is not possible to accept the offer(s) made under the Order, the Sales Contract with respect to the ordered Products is not concluded and the Seller shall immediately, no later than within 14 days, return to the Customer/Consumer the payments made by him/her to the extent to which the Sales Contract has not been concluded.

6.11. If the Customer/Consumer chooses to pay for an order in advance, processing of the Order shall commence when the payment for the ordered Goods is credited to the Seller's bank account.

6.12. The time limit for the Seller to be bound by the Order (offer) is 7 days and if the Customer/Consumer fails to make full payment within 7 working days from the date of receipt by the Customer/Consumer of the confirmation of acceptance of the Order for execution, the offer expires. 

6.13. A VAT invoice shall be issued for each order. The VAT invoice is delivered electronically to the e-mail address indicated in the Customer/Consumer Account or indicated in the ordering process for purchases without registration, unless the Customer/Consumer expressly indicates that the VAT invoice should be delivered in traditional form. Acceptance of the Terms and Conditions shall at the same time constitute consent to sending (making available) invoices in electronic form. 

6.14. The Seller does not sell wholesale. The maximum order value is PLN 1500 (gross), with a weight not exceeding 100 kg. 

Price

7.1. The Product price shown on the Shop website is given in Polish zloty and includes value added tax (gross price).

7.2. The price of the product does not include the cost of delivery, the amount of which depends on the method of delivery to the Customer, which is described in detail in section 8 of the Terms and Conditions.

7.3. The total price of the Product which is the subject of the Order, as well as the cost of delivery and other costs, is communicated to the Customer on the Shop's website when the Order is placed.

7.4. The Seller allows for a reduction in the total amount to be paid by using the Basket functionality called "enter code" at the stage of placing the Order. This coupon automatically settles the value of the Order before the Customer/Consumer submits the "confirm purchase" instruction. Unless the terms and conditions for the use of discount codes state otherwise, the discount code only reduces the final price of the Products, it does not reduce the delivery costs.

Payment and Order Processing

8.1. Orders placed on the Shaman Online Shop may be paid for:

  • in advance (before collecting the subject of the Order) - paid directly to the Shop's account via the Przelewy24-electronic transfer system or payment by payment card: Visa, Mastercard, Maestro, via the Elavon system or using Blik mobile payment,
  • in advance - by traditional bank transfer to the Seller's bank account,
  • from the bottom - upon receipt of the Order item.

8.2. In the case of payment in advance, processing of the Order will begin within 24 hours of the full amount of the Order being credited to the Seller's bank account or - in the case of payments handled by the external payment system Przelewy24 - after the entity confirms that the Customer/Consumer has made the full payment.

8.3. In the case of choosing to pay in advance by traditional bank transfer, the Customer/Consumer has 7 working days to pay for the entire order placed, starting from the day following the day on which the Customer/Consumer placed the Order. 

8.3. In the case of payment in arrears, the processing of the order will commence upon receipt by the Customer/Consumer of the confirmation of acceptance of the Order referred to in section 6.7. of the Terms and Conditions.

8.4. The lead time for an Order placed via the Shop is up to 10 working days from the date of conclusion of the sales contract. If an order is placed and paid for by 12 o'clock on a given working day, the lead time begins to run on the same day.

8.5. The delivery time of an Order is usually between 1 and 2 working days from the issue of the Order to the Supplier, however the delivery time depends solely on the Supplier. The Vendor shall send the Customer/Consumer information confirming the release of the order to the Supplier, to the email address provided by the Customer/Consumer when placing the Order.

8.6. The Seller indicates the lead time of the order on the pages of the Shop, under the Product description. If the products selected by the Customer/Consumer have different lead times (shipping), the Seller will complete and process the order according to the longer shipping time.

8.7. The execution time of the Order may change for reasons beyond the Seller's control. In the event that it is not possible to complete the Order within the time indicated in clause 8.4 of the Terms and Conditions, the Seller will immediately notify the Client/Consumer and indicate a new approximate time for completion of the Order. If the new date is not accepted by the Customer/Consumer - he/she may withdraw from the contract of sale without incurring any costs. With regard to Customers who are not Consumers, the Seller, to the fullest extent permitted by law, shall not be liable for any delays in the execution of the Order caused by circumstances beyond the Seller's control.

8.8. The Seller shall make available information on the progress of the Order in the Customer's/Consumer's Account, as well as inform the Customer/Consumer each time the situation mentioned in section 8.7 of the Terms and Conditions occurs.

8.9. Payment on delivery (DPD Courier / InPost) can be paid in cash or by card

8.10. The Seller shall issue Vat invoices in accordance with the provisions of clause 6.11 of these Regulations.

8.11. Settlement of e-transfer and card payment transactions is carried out through the operator of payment cards is Przelewy24 - PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

8.12. Settlement of payment card transactions is carried out through the Elavon Settlement Centre. These services are provided by Elavon Financial Services DAC, a branch in Poland, with its registered office at ul. Puławska in Warsaw (02-515), in accordance with the terms of service available at:https://www.elavon.pl/content/dam/elavon/pl-pl/documents/customer-center/news/POL_TOS_2018_03_i.pdf

Delivery

9.1. The delivery of the ordered Goods takes place in the territory of Poland by the shipping method chosen by the Customer/Consumer and indicated during the placing of the Order.

9.2. The ordered Goods are delivered via DPD courier company or via Inpost parcel service.

9.3. The delivery of the Goods to the Customer/Consumer is chargeable, subject to clause 9.5. of these Terms and Conditions. The total cost of delivery of the Goods shall be indicated to the Customer/Consumer during the course of the Order, including immediately before the Order is placed.

9.4. The currently available delivery methods and costs for the Product are indicated to the Customer/Consumer in the "Delivery" section of the Seller's online shop and at the time the Customer/Consumer places an order for a given product.

9.5. Orders whose value after discounts or rebates amounts to PLN 250 will be carried out at the Seller's expense. 

9.5. The Ordered Goods are delivered to the address of the Customer/Consumer's choice as recorded in the address book in the Account or, if the Customer/Consumer does not have an Account, to another address indicated by the Customer/Consumer during the Ordering process.

9.7. The Customer/Consumer is obliged to provide a correct and accurate address to which the ordered Goods are to be delivered. In the event that the Customer/Consumer provides an incorrect or inaccurate address, the Seller, to the fullest extent permitted by law, shall not be liable for any failure or delay in the delivery of the ordered Goods.

9.8. In the case of selection of Paczkomaty InPost 24/7 (InPost Paczkomaty Sp. z o.o. with its registered office in Kraków) as a Deliverer, the delivery address shall be the address of the parcel machine selected by the Customer/Consumer when placing the Order.

9.9. The Seller does not allow the Goods to be collected in person by the Customer.

9.10. In individual cases, the cost of delivery may differ from the estimated cost of delivery indicated, during the Order placement process, in particular due to the size of the Order. In each case, the Customer/Consumer will be informed by email or telephone prior to the commencement of the Order of the estimated cost and delivery time of the Order.

9.11. Upon delivery of the ordered Goods to the Supplier, the benefits and burdens of the Goods and the danger of accidental loss of or damage to the Goods shall pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, diminution or damage to the Goods arising from acceptance for carriage until delivery to the Customer who is not a Consumer and for any delay in carriage of the consignment. The carrier shall be liable for loss, depreciation or damage of the consignment from its acceptance for carriage by the Carrier until its delivery to the Customer in accordance with the provisions of law.

Claims for goods (warranty)

10.1. The Seller undertakes to deliver the Goods free from defects.

10.2. The products offered in the shop are brand new and original. The Seller shall be liable to the Customer/Consumer for physical or legal defects of the Goods on the basis of Article 556 et seq. of the Civil Code.

10.3. The Seller shall be liable under warranty for physical and legal defects of the Goods for a period of two years from the receipt of the Goods by the Customer/Consumer. In the case of a physical defect, the Goods do not have the properties that they should have due to the purpose specified in the contract or resulting from the circumstances or intended use, or have been delivered to the buyer in an incomplete state, as well as other defects specified in Article 5561. of the Civil Code. A legal defect occurs when the Goods are the property of a third party or are encumbered with a right of a third party.

10.4. In the event of a defect in the Goods, the Consumer shall have one of the following claims against the Seller:

  • submit a declaration of withdrawal from the Contract, unless the Seller immediately and without undue inconvenience for the Customer/Consumer replaces the Goods with defect-free ones or removes the defect,
  • request a reduction in the price of the Goods, unless the Seller replaces the Goods with defect-free goods or rectifies the defect without undue inconvenience for the Customer/Consumer,
  • request to replace the Goods with defect-free Goods,
  • request that the defect be rectified.

10.5. A claim for rectification of a defect or replacement of the Goods with defect-free Goods shall be time-barred one year from the date the defect was discovered. The Customer/Consumer may not submit a declaration of withdrawal from the contract if the defect is immaterial.

10.6. A complaint may be lodged by post by returning the Goods together with a written description of the defect and proof of purchase to the Shop, by registered post or other form of delivery, to the address of the Shop: Shaman Joanna Śniegocka, ul. Długa 23, 63-400 Ostrów Wielkopolski. The Seller provides a complaint form on the Shop's website, which the Customer/Consumer may use. However, if a complaint is made via the Complaint Form, the Customer/Consumer is obliged to send the advertised Goods to the above address.  

10.7. A claim should include, in particular, the following details: the Customer's/Consumer's name, address, order number, date of transaction, subject and reason for the complaint, bank account number and contact details, and the claim

10.8. The Customer/Consumer will be informed of the resolution of the complaint within 14 days calculated from the day following receipt by the Seller of the parcel containing the Goods under complaint. The Customer/Consumer will be notified of the resolution of the reported complaint to the e-mail address indicated by him/her when placing the Order.

10.9. In the event that the complaint is not upheld, the Goods will be sent back with an opinion as to whether the complaint is unfounded.

10.10. If the complaint is resolved in favour of the Customer/Consumer - the Seller will immediately replace the defective Product with a defect-free one or remove the defect. This does not affect the Customer's/Consumer's ability to make a declaration to reduce the price or withdraw from the contract in accordance with the applicable regulations. If it is not possible to replace the Product, remove the defect of the Product or reduce the price, the Seller will return the amount due immediately, in accordance with applicable law.

10.11. The Customer/Consumer shall be liable for any diminution in the value of the Goods resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Product.

10.12. The customer/consumer has the following examples of out-of-court complaint and redress procedures:

  • The Customer/Consumer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement.
  • The Customer/Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings on out-of-court dispute resolution between the Customer/Consumer and the Seller.
  • The Customer/Consumer may obtain free assistance in resolving a dispute between the Customer/Consumer and the Seller, using also the free assistance of a district (city) consumer ombudsman or a social organisation, whose statutory tasks include consumer protection (among others.
  • The Consumer Federation, Association of Polish Consumers).
  • Customer/Consumer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/ The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between traders and Customers/Consumers.

10.13. Pursuant to Article 558 § 1 of the Civil Code, the Seller excludes liability under warranty in relation to Customers who are not Consumers.

Right of withdrawal

11.1. The Customer/Consumer has the right to withdraw from the Contract of Sale within 14 days without giving any reason and without incurring any costs other than those provided for by law. The period for withdrawal from the Contract of Sale shall commence from the moment the Goods are taken into possession by the Customer/Consumer or a third party indicated by the Customer/Consumer other than the carrier.

11.2. The right of withdrawal shall not apply to Customers who are also not Consumers, i.e. entities carrying out business activities, including professional activities, who, in the course of such activities and for the purposes thereof, make a purchase directly related to such activities in the Shaman Shop.

11.3. The Customer/Consumer shall have no right of withdrawal from the Sales Contract in respect of contracts where the Goods are delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.

11.4. The Customer/Consumer shall not be entitled to withdraw from the Contract of Sale in respect of contracts in which the Goods are perishable or have a short shelf life.

11.5. The Customer/Consumer exercises the right to withdraw from the contract by submitting an appropriate declaration to the Seller in any form. Examples of the forms proposed by the Seller are submitting the declaration in writing to the address of the Seller's registered office, i.e.: ul. Długa 23, 63-400 Ostrów Wielkopolski or by e-mail to the address: info@shaman.pl. The Seller also provides on the website of the Store a model withdrawal from the contract, which the Customer/Consumer may use.

11.6. In order to meet the withdrawal deadline, it is sufficient for the Customer/Consumer to send information concerning the exercise of his/her right of withdrawal, subject to the deadline referred to in section 11.1.of the Terms and Conditions.

11.7. The Seller shall be obliged to return to the Customer/Consumer the payments made by him/her, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the Customer/Consumer other than the cheapest ordinary delivery method available in the Online Shop) immediately, no later than within 14 days from the date of receipt of the Customer/Consumer's statement of withdrawal from the contract. However, the Seller may withhold the refund until it has received the returned Goods.

11.8. If the Customer/Consumer exercises his/her right of withdrawal, the Seller shall refund the payments made by the Customer/Consumer using the same method of payment that the Customer/Consumer used, unless the Customer/Consumer has expressly agreed to a different method of refund that does not incur any costs for him/her. In the event that the payment cannot be refunded using the same method of payment that the Customer/Consumer used, due to the fact that the Seller no longer supports a specific method of payment, the Seller will refund using a method of payment that will correspond as closely as possible to the characteristics of the method of payment previously used by the Customer/Consumer.

11.9. The Customer/Consumer is obliged to return the Product to the Seller immediately, no later than within 14 days from the day on which he/she withdrew from the Sales Agreement. It is sufficient to return the Product before the deadline. The Customer/Consumer may return the Product to the address: Shaman Joanna Śniegocka, address: ul. Długa 23, 63-400 Ostrów Wielkopolski. Please enclose the proof of purchase of the Product or a printed electronic proof of purchase of the Product.

11.11. The consumer shall be liable for any diminution in the value of the Goods resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. The extent of this liability shall be determined by comparing the value of the new Goods with the value of the Goods returned, calculated according to the degree of wear and tear.

11.12. In the event of withdrawal from the Sales Contract, such contract shall be deemed not to have been concluded.

Cancellation of Contract and Amendment of Terms and Conditions

12.1. The Seller may at any time terminate the Agreement for the provision of Electronic Services concluded with the Customer/Consumer at one month's notice for valid reasons, understood as (closed catalogue):

  • a change in the legal provisions governing the provision of Electronic Services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer/Consumer and the Seller or a change in the interpretation of the above-mentioned legal provisions as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in a given field;
  • changes in the manner in which services are provided due solely to technical or technological reasons (in particular, updates to the technical requirements indicated in these Terms and Conditions);
  • changes to the scope or provision of services to which the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionality or services covered by the Terms and Conditions.

12.2. Subject to clause 12.1, the Seller may terminate the Service Agreement with seven days' notice to the Customer/Consumer and/or refuse him/her the further right to use the Online Shop and to place Orders, as well as may restrict his/her access to part or all of the Content, for valid reasons, i.e. in the event of a gross breach of these Terms and Conditions by the Customer/Consumer, i.e. in situations where the Customer/Consumer (closed catalogue) breaches the provisions of clause 3.3.5. of the Terms and Conditions.

12.3. For valid reasons, i.e. in the case of a gross breach of these Terms and Conditions by the Customer/Consumer, in a situation where the respective Customer/Consumer has breached the provision of clause 3.6, the Seller, in order to avoid further damage, may not accept the Customer's/Consumer's offer of certain forms of payment or delivery.

12.4. The Seller may amend these Terms and Conditions (with the exception of clause 13 of the Terms and Conditions, which applies to Customers who are not also Consumers and may be amended at any time on the basis of generally applicable legislation) in the event of the occurrence of at least one of the following important reasons:

  • changes in the law governing the sale of Products or the provision of Electronic Services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller or a change in the interpretation of the above-mentioned law as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field,
  • changes to the way services are provided due solely to technical or technological reasons (in particular, updates to the technical requirements indicated in these Terms and Conditions),
  • changes to the scope or manner of provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionality or services covered by the Terms and Conditions.

12.5. If changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publication on the Online Shop and by means of a message sent to the e-mail address provided by the Customer/Consumer at the conclusion of the Contract for the Provision of Services, which is considered by the Parties to be the introduction of information about the change into the means of electronic communication in such a way that the Customer/Consumer could become acquainted with its content.

12.6. The amendment to the Terms and Conditions shall come into effect 14 days from the date of sending the information about the amendment. In the case of Customers/Consumers who have concluded a Service Agreement, i.e. who have an Account, they have the right to terminate the Service Agreement within 14 days of being notified of the change to the Terms and Conditions. The change of the Terms and Conditions does not affect the Sales Agreements concluded by the Customer/Consumer and the Seller before the change of the Terms and Conditions.

Statements relating to Customers who are not also Consumers.

13.1. The provisions of these Goods apply only to Customers who are not also Consumers.

13.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller

13.3. In the case of Customers who are not also Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

13.4.

13.4. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from its acceptance for carriage until its release to the Customer and for any delay in the carriage of the consignment.

13.5. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer is excluded.

13.6. In the case of Customers who are not also Consumers, the Seller may terminate the Service Agreement with immediate effect and without stating reasons by sending the Customer a relevant statement in any form.

13.7. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.

13.8. With respect to Customers who are not also Consumers, the Seller may amend the Terms and Conditions at any time pursuant to generally applicable laws.

13.9. This section13.of the Terms and Conditions, does not apply to Customers who are natural persons conducting business activity, who conclude a Sales Agreement with the Seller, based on the Terms and Conditions, directly related to their business activity, when it follows from the content of a given agreement that it does not have a professional character for the Customer, resulting in particular from the subject of his/her business activity, defined on the basis of provisions on the Central Register of Business Activity and Information. These Customers are also entitled to withdraw from the contract on the principles provided for in section 11 of the Regulations.

Security of Personal Data

14.1. The administrator of the personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, to the extent and based on the principles indicated in the Privacy Policy published on the pages of the Shop (link).

Final provisions.

15.1.Contracts concluded through the Shaman Online Shop are concluded in Polish.

15.2. In order to ensure the security of messages and data transmitted in the Shop, the Seller takes technical and organisational measures to prevent the acquisition and modification by unauthorised persons of personal data transmitted via the Internet. The Seller ensures the security of the transmission of data transmitted in the Online Store by using the SSL (SecureSocketLayer) protocol.

15.3.Individual settings of the end device may cause differences between the visualisation of the product on the Customer's/Consumer's computer and the actual appearance of the product (colour, proportions, etc.). In the event of a difference between the visualisation of the product and its actual appearance, the Customer/Consumer shall be entitled to withdraw from the contract in accordance with the provisions of section 11 of these Terms and Conditions.

15.4. Contracts entered into before the Terms and Conditions were amended shall be governed by the version of the Terms and Conditions in effect on the date the order was placed by the Customer/Consumer.

15.5. In matters not regulated by these Terms and Conditions, the applicable provisions of Polish law shall apply, including in particular the Civil Code, the Act on Electronic Provision of Services and other relevant provisions of universally applicable law.