Terms and Conditions

The Hepatica.pl online store, available at https://hepatica.pl
The Hepatica.pl online store, available at https://hepatica.pl (hereinafter:
the Store) is the property of HEPATICA Sławomir Rasiński, Nasutów 164, 21-025 Niemce, NIP [tax identification number]:
713-100-84-19, REGON [National Business Registry Number]: 430413568, Customer Service tel./fax 81 443 88 21, biuro@hepatica.pl (hereinafter: the Seller).

 

I. Definitions

  1. Working Days – days of the week from Monday to Friday excluding public holidays.
  2. Delivery – supplying the customer with the Product indicated in the order, by the Seller, through the Carrier.
  3. Carrier – the entity with whom the Seller cooperates in the scope of the Delivery of Products
  4. Password – a string of letters, digits or other characters selected by the customer during registration at the Online Store, used to secure access to the Customer’s Account in the Online Store.
  5. Customer – the entity on whose behalf electronic services can be provided in accordance with the Terms and Conditions and laws, or with whom a Contract of Sale may be concluded.
  6. Consumer – a natural person performing a legal action with the entrepreneur that is not directly related to its business or professional activity.
  7. Customer Account – the customer’s individual panel, set up on his/her behalf by the Seller, after the client has registered.
  8. Login – individual identification of the customer, established by the customer, consisting of a string of letters, digits or other characters, required along with the Password to establish a Customer Account in the Online Store.
  9. Terms and Conditions – the terms and conditions of the Online Store.
  10. Registration – an action completed in the manner specified in the Terms and Conditions, required for the customer to use all the functionalities of the Online Store.
  11. Seller – HEPATICA Sławomir Rasiński, Nasutów 164, 21-025 Niemce, NIP [tax identification number]: 713-100-84-19, REGON: 430413568, Biuro Obsługi Klienta tel./fax 81 443 88 21, biuro@hepatica.pl, będącego jednocześnie właścicielem Sklepu Internetowego.
  12. The Store Website – the website used by the Seller to run the Online Store, operated at www.hepatica.pl.
  13. Product – a product presented by the Seller on the Store Website.
  14. Contract of Sale – Contract of Sale a Contract of Sale concluded electronically, on the terms specified in the Terms and Conditions, between the Customer and the Seller.

II. General provisions

  1. Advertisements, price lists and other information about the products listed on the Store Website, and in particular their descriptions, technical and performance parameters, and prices are not a commercial offer within the meaning of Article 66 of the Civil Code and are only an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code of 23 April 1964. (Journal of Laws No. 16, item 93, as amended).
  2. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as designs, forms, logos posted on the Online Store Website (with the exception of logos and images presented on the Online Store Website for purposes of presentation of products for which copyrights belong to third parties) belong to the Seller, and can only be used in the manner specified by the Seller and in accordance with the Terms and Conditions.

III. Using the Online Store

  1. The Online Store can be used only under the terms and to the extent specified in the Terms and Conditions.
  2. The Seller will make every effort to ensure that use of the Online Store is possible for Internet users by means of all popular web browsers, operating systems, device types, and types of Internet connections.
  3. The minimum technical requirements enabling the use of the Store Website is a web browser such as Internet Explorer 8, Chrome 16, Firefox 10, Opera 11 or Safari 5 or later versions of these browsers, with Javascript enabled, accepting “cookies”, and with an Internet connection capacity of at least 256 kbit/s. The Store Website is optimised for a minimum screen resolution of 1024×768 pixels.

  4. When using the Online Store, the customer is not entitled to interfere in the content, structure, form, graphics, or the mechanism of functioning of the Online Store and Store Website.
  5. It is prohibited for the Customer to provide illegal content and use the Online Store, Online Store Website or free services provided by the Seller in a manner contrary to the law, morality, or in a manner that violates the personal rights of third parties or the legitimate interests of the Seller.
  6. The Customer is entitled to use the resources of the Online Store only for personal use. The Customer is not allowed to use the resources and functions of the Online Store to conduct commercial activity or activity that would violate the interests of the Seller.
  7. The Seller declares that the public nature of the Internet and the use of services provided by electronic means may involve the risk of acquiring and modifying customer data by unauthorised persons, which is why customers should take the appropriate technical measures to minimise the risks identified above. In particular, they should use antivirus software and software protecting their identity on the Internet. The Seller will never request the Customer Account Password in any form.

IV. Registration

  1. In order to create a Customer Account, the Customer is obliged to register.
  2. Registration is not necessary to place an order or orders in the Online Store. A Customer who wishes to skip the registration option may place an order specifying only the details required to fulfil the contract (i.e. the order fast track).
  3. In order to register, the Customer should complete the registration form made available by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. The Customer establishes an individual Password during Registration.
  4. The registration form is filled out under the following rules:
    • a) The Customer must fill in all fields of the registration form, unless a field is marked as optional;
    • b) The information entered in the registration form should only relate to the Customer and must be true. The customer is responsible for the accuracy of the information entered in the registration form;
    • c) The customer should read and confirm that he/she has read the Terms and Conditions by marking the appropriate field on the registration form;
    • d) The Client, by marking the appropriate box on the registration form, should express his/her willingness to conclude an agreement for the provision of the service of running, on his/her behalf by the Seller, the Customer Account electronically. Not agreeing to conclude an agreement by the Customer prevents the registration and setup of the Customer Account;
    • e) The Customer must agree to the processing of personal data contained in the registration form in order to carry out services on the basis of agreements concluded in accordance with the Terms and Conditions (Art. 23 paragraph 1 item 3 of the Law on Personal Data Protection). The Customer shall have the right to access his/her data and correct it.
  5. Sending the completed registration form is tantamount to:
    • a) The Customer accepting the Terms and Conditions;
    • b) authorising the Seller to process the Customer’s personal details contained in the registration form in order to provide the service of running the Customer Account and consent to the transfer of information related to the maintenance of the Customer Account by the Seller to the email address provided by the Customer during registration.
  6. During registration, the Customer may consent to the processing of personal data for marketing purposes. In this case the Seller shall clearly inform the Customer about the purpose of collecting the personal information, as well as expected, known or anticipated recipients of this data.
  7. By giving consent to the processing of personal data for marketing purposes, the Customer takes into account that:

    • a) consent is voluntary and may be withdrawn at any time;
    • b) The Customer, to whom the data relates to, shall have the right to access and correct personal data;
    • c) entrusting the Seller with personal data occurs by checking the appropriate box in the registration form.
  8. Consent to the processing of personal data for marketing purposes means, in particular, agreeing for the Seller or advertisers cooperating with the Seller to send commercial information to the Customer’s e-mail address specified in the registration form.
  9. After sending a completed registration form, the Customer will immediately receive to the email address provided on the registration form confirmation of Registration by the Seller. From this moment, the contract for the provision of the electronic service of running the Customer Account is concluded, and the Customer receives access to the Customer Account and the possibility to change his or her Registration details, with the exception of the Customer’s Login.
  10. The Customer is obliged to make every effort to maintain confidentiality and not to disclose his/her Password to third parties.
  11. In the event of circumstances indicating suspicion that the password is in the possession of an unauthorised person/entity, the Customer is obliged to immediately notify the Seller about this fact using the available means of communication. In this case, the Customer should immediately change the password using the appropriate function in the Customer Account.
  12. The Seller creates and implements security measures against unauthorised use, reproduction and distribution of content on the Store Website.
  13. If the Seller applies these security measures, the Customers must refrain from any steps to remove or circumvent such security or solutions.

V. Privacy policy

  1. The obtained Customer’s personal data will be processed by the Store in accordance with the law and used only for the purpose of fulfilling the Customer’s order.
  2. The Customer may also give consent to the processing of his/her personal data provided in the Store’s registration form for marketing purposes and may agree to receive commercial information from the owner of the Store by means of electronic communication channels and mail.
  3. Providing the data for this purpose is voluntary.

  4. The Customer has the right to inspect his/her personal data and correct it.
  5. In order to stop the processing of personal data, the Customer is obliged to send a request for the removal of his or her personal data from the Store’s database by email or to the Store’s mailing address.

VI. Sold products

  1. The store primarily offers dietary supplements (hereinafter referred to as goods or products) marketed in Poland in accordance with the applicable regulations.

VII. Product price

  1. Product prices in the Online Store are provided in Polish zloty (PLN) or Euro and include VAT.
  2. The price of each product is valid at the time of the order being placed by the Customer.
  3. The product price does not include shipping costs, which are additionally indicated and are added during the process of placing the order.
  4. The Seller reserves the right to change the prices of goods on offer in the Online Store, add new products to the Store’s product range, conduct and cancel promotions on the Store website, and make changes to them.

VIII. Methods of payment

  1. The Customer can complete his/her order by selecting one of the following forms of payment:
  2. transfer (prepayment) to the Store’s bank account:

    • Idea Bank 94 1950 0001 2006 1114 4040 0002
    • fast and secure payments through DotPay
    • payment by cash on delivery (if the payment on delivery option is selected)

IX. Acceptance and fulfilment of the order

  1. Placing orders on the Store website is possible 24 hours a day, 7 days a week. Orders placed during public holidays and non-working days will be fulfilled on the first working day after that period.
  2. In order to conclude the Contract of Sale, the Customer should specify the essential provisions of the Contract of Sale, i.e. the object of the contract and the price.
  3. Immediately after placing an order, the Customer will receive an automatic e-mail reply confirming receipt of the order. A message will be sent to the Customer’s e-mail address containing:
    • the Seller’s statement about receiving the order,
    • all the essential details of the order,
  4. Upon receipt of the Seller’s statement about the acceptance of the Order, a Contract of Sale is concluded between the Customer and the Seller.
  5. In the case of an order in which the “payment on delivery” option was selected, the Customer is required to confirm the order in the manner specified by the Store in an e-mail confirming the order, or by other means determined by the Store.
  6. Orders by phone can be placed on working days from Monday to Friday (excluding public holidays) between 9 am and 5 pm, by calling 81 443 88 21
  7. When ordering by phone, the Customer will be asked to provide necessary data in order to fulfil the order, in particular his or her name, tel. number, and address details for shipment. The Store will inform the Customer about the total cost of the order including any shipping costs, will present the most important provisions of the Store’s Terms and Conditions and about the further procedures for fulfilment of the order.
  8. Each fulfilled contract of sale will be confirmed with a sales receipt (VAT invoice).
  9. If the Store cannot process the order because of the unavailability of goods, it shall immediately inform the Customer and return all of the money received.
  10. Seller returns the amount no later than 14 days after the conclusion of the contract. The Customer, in agreement with the Seller, may decide on a different way of fulfilling the contract (partial fulfilment, extending the waiting time).

X. The delivery of goods

  1. Deliveries are made in Poland by the Carrier, i.e. the UPS and DHL courier companies. The Store determines the cost of foreign shipping with each Customer individually.
  2. The product is delivered to the address specified by the customer in the order form. The Customer can also specify a different shipping address, providing the necessary details for shipment in the contract. For those planning to receive the package at their workplace, we recommend providing the name of the company, which in the case of multiple companies at the same address will enable the courier to identify the place of delivery quicker and hence deliver the package in a shorter amount of time. Please make sure to avoid any spelling mistakes when providing your address details in the order form.
  3. Shipments are delivered on working days from Monday to Friday in the hours specified by the Carrier (UPS and DHL). Please take into account that our Carriers do not work on Saturdays, Sundays, and public holidays. The time of delivery by courier is 24 to 48 hours on average. Sometimes, for objective reasons resulting from causes beyond the control of the Seller, the delivery time may be slightly longer.
  4. The document confirming the conclusion of the Contract of Sale (VAT invoice) is included in the package.
  5. The Seller will make every effort to make the time of delivery to the customer as short as possible, but in the case of ordering by phone and orders placed on the Store website (when the Customer chooses the “prepayment to the account” option), the Seller has the right to refrain from shipping the goods until the payment is registered in their bank account.

XI. Right of withdrawal

  1. The Customer who is also a Consumer within the meaning of Art. 22 [1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), who concluded a contract at a distance, may, in accordance with the Act of 31.05.2014 on Consumer Rights, withdraw from the contract without giving reasons by submitting a written statement within 14 days.
  2. To comply with the deadline specified above, it is sufficient to send a written statement of withdrawal from the contract before the expiry of this deadline. The written statement of withdrawal must be sent by e-mail: biuro@hepatica.pl, or by post to the address of the Seller: HEPATICA Sławomir Rasiński, Nasutów 164, 21-025 Niemce.
  3. In the case of the successful termination of the Contract of Sale, it is considered null and void. The Customer is obliged to return the purchased goods immediately, no later than in fourteen (14) days. Goods should be returned in an unaltered state.
  4. Goods must be returned intact to the following address: HEPATICA Sławomir Rasiński, Nasutów 164, 21-025 Niemce.
  5. A Customer withdrawing from the contract of sale bears the direct costs of returning the goods to the Seller.
  6. We do not accept any ‘cash on delivery’ packages sent by the Buyer at the expense of the Store.
  7. The Store refunds the returned products (total amount for products + cost of shipping to the Customer) within 14 calendar days. The Customer may specify the form in which the refund shall be sent (e.g. by bank transfer to the indicated bank account number).
  8. The deadline to withdraw from the contract will expire after 14 days from the day in which the Customer came into the possession of the products, or a third party other than the carrier and indicated by the Customer came into the possession of the products.

XII. Complaints

  1. Complaints regarding ordered goods due to non-compliance with the contract can be reported by telephone or fax to the Customer Service tel./fax 81 443 88 21, in writing to biuro@hepatica.pl or by post to HEPATICA Sławomir Rasiński, Nasutów 164, 21-025 Niemce.
  2. The faulty goods should be delivered to the Seller’s address with the sales receipt (VAT invoice) and a letter containing the complaint, in particular:
    • the Customer’s full name, address and telephone number,
    • the name and quantity of the faulty product,
    • justification of the complaint, including the description of the defect, the circumstances and the date on which the defect was noticed
    • the bank account number to which the refund will be sent (the price of the product and shipping costs) in the event that the Store recognises the complaint, and in the situation when the Store is not returning a faultless product to the Buyer.
    • the Customer’s signature.
  3. Complaints concerning food products, such as dietary supplements and foods for particular nutritional uses, may be subject to complaints by the Buyer within 3 days of opening the packaging in the case of packaged goods within the meaning of Art. 2 Section 15 of the Act of 6 September 2001 on Packaged Goods (Journal of Laws No. 128, item 1409) marked by the shelf life or date of minimum durability in accordance with the provisions of the Act of 25 August 2006 on the Safety of Food and Nutrition (consolidated text of 29 June 2010 (Journal of Laws No. 136, item 914). The Store must be informed about the non-compliance with the contract no later than the date of minimum durability of the product or the date of its expiration.
  4. In other cases, the complaint should be submitted within two months from the moment when the non-compliance with the contract was noticed.
  5. To meet the deadline for filing the complaint, it is sufficient to send a letter of complaint, the goods and the sales receipt (VAT invoices) before the deadline has passed.
  6. We do not accept any ‘cash on delivery’ complaint packages sent by the Buyer at the expense of the Store.
  7. Complaints are dealt with within 14 days of receipt of the complaint, together with the faulty goods and the sales receipt (VAT invoice). The costs associated with returning the faulty goods to the Seller, equivalent to the cheapest courier service, are returned by the Store within 5 working days from the date when the complaint is recognised.
  8. The Store is not responsible for defects caused due to the Buyer’s fault or any other user of the goods, due to using the product other than for its intended use or the improper storage of the product which is specified by the manufacturer or distributor of the product.

XIII. Complaints in the case of damaged shipments

  1. The Customer (or a person authorised by him, e.g. indicated in the “shipping to a different address” form) upon receipt are required to check the condition of the package and its contents in the presence of the courier.
  2. If any damage to the package, and at the same time damage to or loss of its contents, the Customer (or a person authorised by him to receive the goods) must be prepare in the presence of the courier a so-called protocol of damage. In such cases, the protocol of damage is the basis for the Seller to examine the complaint.
  3. The Buyer shall immediately notify the Seller by telephone about this fact: Customer Service tel. 81 443 88 21, or send a statement with a copy of the protocol of damage tobiuro@hepatica.pl, or by mail to HEPATICA Sławomir Rasiński, Nasutów 164, 21-025 Niemce.
  4. The Seller shall replace the damaged product with a new faultless product. If this is no longer possible (e.g. due to the exhaustion of stocks), the Store shall return the equivalent price of the defective goods and delivery costs to the Buyer.

XIV. Termination of the contract for the provision of electronic services (does not apply to orders/contracts of sale)

  1. Either Party may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other Party before the termination of the above-mentioned agreement and the provisions below.
  2. The Customer who performed the Registration terminates the agreement for the provision of electronic services by requesting the Seller to remove the Customer Account using any means of remote communication to enable the Seller reading the Customer’s declaration of will, for example, by sending an e-mail to biuro@hepatica.pl , or fax to 81 443 88 21, or by post to HEPATICA Sławomir Rasiński, Nasutów 164, 21-025 Niemce.
  3. The Seller terminates the agreement for the provision of electronic services by sending the Customer an appropriate declaration of will to the email address provided by the Customer during the Registration.

XV. The provisions of the Terms and Conditions relating to Customers who are not simultaneously Consumers.

  1. The Seller’s liability under the warranty is excluded.
  2. The provisions indicated in paragraph 8 apply only to Customers who are not simultaneously Consumers within the meaning of Art. 22 [1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

XVI. Final Provisions and amendment to the Terms and Conditions

  1. Agreements concluded by the Store are in Polish and in accordance with Polish law.
  2. Placing an order in the Store means accepting the provisions of these Regulations in the version available at the date the order is placed.
  3. The following shall apply in matters not covered by the provisions of these Terms and Conditions: Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended); Act on Electronic Services of 18 July 2002 (Journal of Laws No. 144, item. 1204, as amended); Act on the Protection of Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws No. 22, item 271 as amended); Act on Special Terms of Consumer Sales and on amending the Civil Code dated 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of Polish law.
  4. In the case of a dispute on the basis of the concluded Contract of Sale, the parties shall endeavour to resolve the matter amicably. The law applicable to the settlement of all disputes arising under these Terms and Conditions is Polish law.
  5. Any disputes arising between the Seller and a Customer who is also a Consumer within the meaning of Art. 22 [1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) are subject to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended.).
  6. Any disputes arising between the Seller and a Customer who is not also a Consumer within the meaning of Art. 22 [1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) are subject to the competent court for the registered office of the Seller.
  7. All orders accepted by the Seller for performance before the amendment of the Terms and Conditions are based on the Terms and Conditions in force at the date of the order placement by the Customer.
  8. The Store reserves the right to change the Terms and Conditions, especially due to:
    • changes in legislation on consumer law and electronic commerce law,
    • changes in payment methods,
    • changes in methods of delivery,
    • changing the legal form of the business,
  9. The Store undertakes to inform Customers about any changes to the Terms and Conditions on the homepage of the Store with an indication of the date on which the change in the Terms and Conditions will come into force.
  10. Any changes to the Terms and Conditions of Sale apply from the date of publication on the Store website.
  11. The Terms and Conditions come into force on 28.12.2014 and are valid for all orders placed after this date.