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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 22.02.2021.

The terms used in these regulations mean:

  • Seller - 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, telephone +48 664377705.
  • Internet store - an extensive online sales service by means of which the Seller provides electronic services, including, in particular, presentation of products, placing orders, concluding distance contracts and accessing digital content, operated by the Seller at https://www.shaman.pl/
  • Customer - a natural person with full legal capacity, a legal person or an organisational unit that is not a legal person, to which special regulations grant legal capacity, who intends to conclude or has concluded an agreement for the provision of an Electronic Service 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.
  • Distance contract - a contract concluded with the Customer/Consumer within an organised system for the conclusion of distance contracts, 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 contract.
  • Regulations - these Regulations together with all annexes forming an integral part thereof, including in particular the "Privacy Policy".
  • Order - a declaration of will of the Customer/Consumer externalized by him/her via an electronic form in the Online Shop, made in a manner that allows the identification of the Buyer, the products to be the subject of a distance contract, the method of delivery, the method of payment and the selling price.
  • Order completion 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.
  • Order delivery time - 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 the parcel machine selected by the Customer/Consumer.
  • Supplier - a third party with whom the Seller cooperates in the provision of the Goods delivery service, selected by the Customer/Consumer at the order placement stage.
  • Account - 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 on Orders placed by him/her are stored.
  • Registration form registration form - a form available in the Shop, allowing an Account to be created.
  • Order Form order form - an interactive form available in the Store which enables the Orderer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Contract, including the method of delivery.
  • Electronic Service Electronic Service - a service provided electronically by the Seller to the Customer/Consumer via the Online Shop, operated at https://www.shaman.pl/
  • Cart - an element of the Shop's software, enabling an overview of the Products selected by the Customer/Consumer for purchase, as well as enabling the determination and modification of the Order data, in particular the quantity and value of the Products and the method and cost of delivery.
  • 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 .
  • Contract of Sale - a contract of sale of Goods concluded between the Customer/Consumer and the Seller via the Online Shop.
  • Working day - a weekday from Monday to Friday excluding public holidays.
  • Civil Code - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
  • 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)
  • Newsletter - 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 in the Store, to the e-mail address provided by the Customer/Consumer, with his/her explicit consent. Principles of Newsletter service provision by the Seller are defined by a separate provision in the Privacy Policy available at https://www.shaman.pl/
  • Force majeure - is defined as an external event, impossible to foresee (which also includes the low probability of its occurrence in a given situation) and impossible to prevent (not so much the phenomenon itself, but 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.
  • Privacy Policy - a set of principles 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
  • 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.
  • 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.
  • 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.

General provisions

2.1 These Regulations set out in particular:

  • a) general terms and conditions of use of the Shop,
  • b) the rules for placing Orders in the Shop,
  • c) rules for the provision of services by electronic means,
  • d) the rules for the conclusion of Sales Contracts for certain Goods,
  • e) the complaints procedure and the procedure for withdrawing from the Sales Contract.

2.2 The online shop at the web address https://www.shaman.pl/ is operated by the Seller. The contract of sale of 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 provide services in the territory of Poland.

2.4 All announcements, advertisements, price lists and other information on the https://www.shaman.pl/ website relating to the products contained therein do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude an agreement 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 food, which is defined in the Food and Nutrition Safety Act as a foodstuff 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 are 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 to the content of the Store's Internet pages as well as graphic elements of the Store, their layout, composition, constituting works within the meaning of the Copyright and Related Rights Act, is vested in the Seller.

2.8 The Customer/Consumer of the Store undertakes to respect the intellectual property rights and industrial property rights vested in the Seller and third parties. Copying, distributing or making elaborations of the Store, 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 and photographs placed on the Store's website are legally protected and are used by the Store for informational purposes only.

2.10. All names of products offered for sale by 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 in section 1.1.1 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 https://www.shaman.pl/ website in a manner that allows the Customer/Consumer to become acquainted with them prior to the conclusion of the agreement, and furthermore, at the Customer's request, the Seller shall make them available in a manner that allows them to be acquired, reproduced and recorded using an ICT system.

Principles of use of the Shop

3.1 The Terms and Conditions are addressed to both Customers/Consumers using the Online Shop or concluding 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 Browsing the assortment of the Online Store does not require registration. Placing orders by the Customer/Consumer for products in the Shop's assortment is possible after registering and creating an Account in accordance with the provisions of Section 5 of these Rules and Regulations or after providing the necessary personal and address data to complete the order without registering.

Customer's order is not subject to registration.

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 electronic mail (e-mail)
    • account
  • Enable cookies and Javascript in your web browser
  • recommended minimum screen resolution: 1024x768

3.5 The Customer/Consumer shall be obliged to use the Online Shop in a manner consistent with applicable law 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 provide or transmit content that is prohibited by law, including in particular content that is offensive or vulgar, incites violence or other actions contrary to the law or good morals, or that infringes the personal rights and other rights of third parties,
  • Send and not post unsolicited commercial information (spam) within the Shop,
  • use any content from 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 in the Online Shop,
  • to promptly update the data, including personal data, provided by the Customer/Consumer in connection with the conclusion of the Service Contract or the Sales Contract,
  • Timely payment of the Price and other costs agreed by the Customer/Consumer and the Seller in full,
  • timely collection of Products ordered using cash-on-delivery and COD payment methods,

3.7 In the event that the Customer/Consumer violates these Terms and Conditions, in particular by violating the provisions of clause 3.5 of the Terms and Conditions, the Seller may deprive the Customer/Consumer of the right to use the Online Store, as well as may restrict his/her access to part or all of the Online Store resources, with immediate effect.

3.8 The information provided by the Customer/Consumer in the course of placing an Order should be truthful, up-to-date and accurate. The Seller reserves the right to refuse the fulfilment of the Order in the event that the data provided prevents the fulfilment of the Order, in particular prevents the proper delivery of the consignment. Prior to refusal of fulfilment, 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 free electronic services consisting of browsing information posted in the Store, enabling Customers/Consumers to set up an Account in the Store and providing a form to place orders for products, as well as publishing product reviews and using a contact form.

4.2.

4.2 The service of the registration form consists in enabling Customers/Consumers to set up an Account in the Store, using a login, which is the Customer's/Consumer's e-mail address, and a unique password chosen by the Customer/Consumer and used to log in to the Store Account, in accordance with the procedure provided for in point 5 of the Terms and Conditions. The service is provided free of charge and is of a one-time nature. The service is terminated upon completion of the registration process.

4.3 The User Account Service, as detailed in paragraph 5. of these Terms and Conditions, is provided free of charge for an indefinite period of time. The Customer/Consumer may delete his/her account at any time, without giving any reason and without incurring any costs by sending an appropriate request to the Seller in writing, or by e-mail (contact details specified in paragraph 1.1.1. of these Terms and Conditions). The account will be deleted upon receipt of the statement by the Seller. Clause 5.16 of the Terms and Conditions shall apply.

4.4 The order form service consists in enabling the Customers/Consumers to place orders (declarations of intent) for the products offered by the Seller via the Shop's website, in accordance with the procedure provided for in point 6 of the Regulations. The service is provided free of charge and is of a one-time nature. The service is terminated immediately after the order is placed.

4.5 The Newsletter service makes it possible to subscribe to the Newsletter by ticking the appropriate box on the Shop website or at the time of registering an Account with the Shop or directly in the Customer/Consumer Account. It is provided free of charge for an indefinite period of time. The Customer/Consumer has the possibility, at any time and without giving any reason, to resign from receiving the Newsletter by sending an appropriate request to the Seller in writing or by e-mail (contact details set out in point 1.1.1. of the Terms and Conditions). The Seller also makes it possible to unsubscribe from the Newsletter by clicking on the appropriate button placed in the footer of each email sent as part of the subscription.

4.6 The Contact Form service consists of sending a message to the Seller using a form on the Store's website. Cancellation of the above service is possible at any time and consists in stopping sending enquiries to the Seller.

4.7 The Customer/Consumer Opinion Publication Service consists of enabling the aforementioned to post their individual and subjective opinions on individual goods on the Shop's website (under the description of a given product). The opinion is verified by the Seller before publication and the Seller is not obliged to place it. Resignation from the service of publishing opinions is possible at any time and consists in the discontinuation of posting content by the Customer/Consumer on the Shop's Website.

4.8 The Services indicated in clause 4.1 shall be provided by the Seller 24 hours a day, 7 days a week.

4.9 The Seller makes every effort to ensure that the services provided by the Store are of the highest quality, but the Seller does not exclude the possibility of a temporary suspension of the availability of the Store, in particular in the event of the need to carry out maintenance, inspection, the need to modernise or expand the Store.

4.10. The Seller makes every effort to ensure that the services provided by the Store are of the highest quality.

4.10. To the fullest extent permissible by law, the Seller shall not be liable for any disruptions 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.

4.11. In the case of Clients who are not Consumers, the Seller may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Client who is not a Consumer an appropriate statement.

4.12. Complaints regarding services provided electronically may be made in writing or by e-mail (contact details indicated in section 1.1.1. of the Regulations). In the complaint, the Client/Consumer should provide his/her name, mailing address and the type and date of the irregularity related to the 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 consisting 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 The fulfilment of the conditions specified above and clicking on the "Register" button results in the sending of the registration form and is equivalent to the creation of 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 Shop.

5.6 The e-mail address and password provided during registration will be used to log in to the Account in the Store, unless the Customer/Consumer changes the login data using 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 shall be able to:

  • tracking of order status,
  • view of order history,
  • modify payment methods,
  • update your data,
  • recording of 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 Client's/Consumer's Account and other electronic services referred to in clause 4.1 of the Terms and Conditions if the Client/Consumer acts to the detriment of the Seller or other Clients/Consumers, in particular by violating the aforementioned provisions of the law or the 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 on the basis of clause 5.13. of these Terms and Conditions, the Seller shall cancel any unfulfilled orders placed by that Customer or Consumer. The cancellation takes 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 into 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 range at the time of placing the order, according to their description and price, and specifying their quantity. The Customer/Consumer completes 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 ordering process - until the "Confirm purchase" button is pressed - the Customer/Consumer has the possibility of modifying the order, in particular with regard to the selection of the goods and their quantity, and also has the possibility of entering the promotional code he/she holds.

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

  •  subject matter of the contract,
  •  the unit and total price of the products ordered, including delivery costs and additional costs (if any),
  •  selected payment method,
  •  selected delivery method,
  •  delivery time.

6.6 In order to send 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 shall immediately send the Customer/Consumer information on 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 shall be deemed to be concluded upon receipt by the Customer/Consumer of the email referred to in the paragraph above. In the event that the Seller does not immediately confirm acceptance of the order for fulfilment, 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:

  • inform the Customer/Consumer of the impossibility of accepting all offers to conclude the Sales Contract made within the Order,
  • confirmation by the Customer/Consumer of the will to complete the Order in the part in which the Seller has agreed to accept the offers to conclude the Sales Contract. The Customer/Consumer may then cancel the Order in its entirety (to the extent of all offers), which does not affect his/her right to withdraw from the contract. The cancellation of the Order by the Customer/Consumer releases the Seller from its obligation to fulfil the Order. If the Order is cancelled, paragraph 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 the order in advance, order processing shall commence as soon as the payment for the ordered goods is credited to the Seller's bank account.

6.11. The Seller shall be entitled to cancel an order 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 processing. The cancellation of the order means that the Seller is released from the obligation to fulfil the order.

6.12 A VAT invoice is 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. The indication by the Customer of the data for issuing a VAT invoice in the form of the NIP number and the company's sole proprietorship constitutes an expression of will to conclude a sales agreement as an entrepreneur.

6.13. The seller does not sell wholesale. The maximum order value is PLN 1,500 (gross), with the weight not exceeding 100 kg. The provision of section 9.11. of these Regulations shall apply.

Price

7.1 The price of the Product shown on the Store's 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 Customer is informed of the total price of the Product which is the subject of the Order, as well as the costs of delivery and other costs, on the pages of the Shop when placing the Order.

7.4 The Seller allows a reduction in the total amount to be paid by using the Basket functionality called "enter code" at the ordering stage. 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 order item) - paid directly to the Shop's account via the Tpay-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,
  • in arrears - on receipt of the subject of the order.

8.2 In the case of payment in advance, processing of the order will commence 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 Tpay - upon confirmation by this entity of full payment by the Customer/Consumer.

8.3 In the case of choosing to pay in advance by traditional bank transfer, the Client/Consumer has 7 working days to pay for the entire order placed, starting from the day following the day on which the Client/Consumer placed the order. In the event that the Client/Consumer fails to make payment within the specified period, the Seller will set an additional deadline for the Client/Consumer to make payment and inform the Client/Consumer of this deadline via the Client's/Consumer's email address provided during order placement. The information about the additional time limit for payment also includes the information that upon its ineffective expiry, the Seller will withdraw from the Sales Agreement. In the event that the additional period expires ineffectively, pursuant to Article 491 of the Civil Code, the Seller will send the Customer/Consumer a statement of withdrawal from the contract to his/her e-mail address.

8.3 In the case of payment in arrears, the processing of the order will commence upon receipt by the Customer/Consumer of the order confirmation 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, starting from the day following the day on which the order is accepted for processing. 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 the Order is between 1 and 2 working days from the issue of the Order to the Supplier. The Vendor sends 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 Order completion time may be subject to change for reasons beyond the Seller's control. In the event that it is not possible to complete the order within the timeframe indicated in section 8.4. of the Terms and Conditions, the Seller will immediately notify the Customer/Consumer and indicate a new approximate timeframe for completion of the order. If the new date is not accepted by the Customer/Consumer - he/she may withdraw from the contract 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 order fulfilment 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 a situation mentioned in clause 8.7 of the Regulations occurs.

8.9 Payment on delivery (DPD courier) can be paid in cash.

8.10. The Vendor 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 shall be carried out through the Tpay Settlement Centre. These services are provided by Krajowy Integrator Płatności S.A. with its registered office at ul.Św.Marcin 73/6 in Poznań (61-808), in accordance with the service regulations available at: https://tpay.com/user/assets/files_for_download/regulamin.pdf.

8.12. Settlement of payment card transactions shall be 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 Poland by the shipping method chosen by the Customer/Consumer and indicated during the placing of the Order.

9.2 Ordered goods are delivered via DPD courier service 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 methods and costs of delivery of the product are indicated to the Customer/Consumer in the "Delivery" tab of the Seller's online shop and at the time the Customer/Consumer places an order for the product in question.

9.5. The ordered goods shall be delivered to the address selected by the Customer/Consumer 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.

9.6 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 non-delivery or delay in delivery of the ordered Goods.

9.7 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.

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

9.9. 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.

9.10. 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 to the consignment from its acceptance for carriage by the Carrier until its delivery to the Customer in accordance with the provisions of law.

Reclamation of 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 any physical or legal defects in the Goods on the basis of Article 556 et seq. of the Civil Code.

10.3 The Seller shall be liable under the 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 in view of 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 by 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:

  • submission of notice of withdrawal from the Agreement,
  • request a reduction in the price of the Goods, unless the Seller replaces the Goods immediately and without undue inconvenience for the Customer/Consumer with goods free from defects or removes the defect,
  • request that the Goods be replaced by goods free from defects,
  • request that the defect be rectified.

10.5 A claim for the rectification of a defect or the replacement of goods with defect-free goods is time-barred one year from the date on which 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 sending 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 website, which the Customer/Consumer can use.

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

10.8 The Customer/Consumer will be informed of the resolution of the complaint within 14 days counted from the day following receipt by the Seller of the parcel containing the advertised goods. The Customer/Consumer will be notified of the resolution of the reported complaint at 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 unjustified.

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 shall return the amount due immediately, in accordance with the applicable legislation.

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 the permanent amicable consumer court operating at the Trade Inspection for the settlement of a dispute arising from the concluded Sales Contract.
  • The Customer/Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Commercial 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, also using the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
  • Customer/Consumer may file a complaint via the ODR online platform: https://www.shaman.pl/

    Final provisions.

    15.1 At the Shaman Online Shop, contracts are concluded in the Polish language.

    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 data transmission 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 (color, proportions, etc.). In the event of a difference between the visualisation of the product and its actual appearance, the Customer/Consumer shall have the right to withdraw from the contract in accordance with the provisions of clause 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 force on the date the order was placed by the Customer/Consumer.

    15.5 Matters not regulated by these Terms and Conditions shall be governed by the applicable provisions of Polish law, including in particular the Civil Code, the Act on Provision of Electronic Services and other applicable provisions of generally applicable law.