Purehemp.pl online shop terms and conditions

setting out, among other things, the rules for concluding contracts via the Shop, containing the most important information about the Seller, the Shop and consumer rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payments
§ 6 Order processing
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Annex 1: Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday with the exception of public holidays in Poland.
Civil Code - Act of 23 April 1964 Civil Code.
Consumer - consumer within the meaning of the Civil Code.
Account - a free-of-charge feature of the Store (an electronically supplied service) regulated by separate regulations, whereby each user of the Store can open an individual account in the Store.
Buyer - any person purchasing from the Shop.
Priority buyer - Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged trader - a natural person who enters into a contract with the seller which is directly related to his business activity but which is not of a professional nature for him.
Regulations - these rules.
Shop - Purehemp.pl online shop operated by the Seller at https://purehemp.pl/.
Seller - Semiko Sp. z o.o. with its registered office at ul. Klakurki 2A, entered in the National Court Register - Register of Entrepreneurs by the District Court for Kraków-Śródmieście - XI Economic Division of the National Court Register, under no. KRS 0000777023, NIP 6812075592, REGON 382855435, share capital PLN 6000.00.
Consumer Rights Act - Act of 30 May 2014 on consumer rights.

§ 2 CONTACTING THE SELLER

1. Postal address: 2A Klakurki Street
2. E-mail address: kontakt@purehemp.pl
3. Phone: 695987600

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Shop you need:
   • a device with Internet access
   • a web browser that supports JavaScript and cookies.
2. For placing an order in the Shop, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE SHOP

1. The product prices shown in the Shop are the total prices for the product.
2. The Seller points out that the total price of an order consists of the price indicated in the Shop for the product and, if applicable, the delivery costs of the goods.
3. The product you have chosen to buy must be added to the shopping basket in the Shop.
4. The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Shop, and provides the data necessary to complete the order placed.
5. An order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is the same as concluding a contract between the buyer and the seller.
7. The Buyer may register with the Shop, i.e. create an Account with it, or make purchases without registering by providing his/her details for each eventual order.

§ 5 PAYMENTS

1. The order placed can be paid for, at the Buyer's choice:
   1. by simple transfer to the Seller's bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via a payment platform:
      • PayU
   4. cash on delivery, i.e. by card or cash on delivery to the buyer;
   5. in cash at the time of personal collection of the goods.
2. If the Buyer chooses to pay in advance, the order must be paid for within 3 Working Days of the order being placed.
3. The seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after the order is placed, payment of the order is only possible immediately after the order is placed.
4. By purchasing from the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 CONTRACT PERFORMANCE

1. The lead time is indicated in the Shop.
2. Where the Buyer has chosen to pay in advance for an order, the Seller will proceed with the order once it has been paid for.
3. If the Buyer has purchased products with different lead times in one order, the order will be processed within the time limit applicable to the product with the longest lead time.
4. States on whose territory the delivery is made:
   • Poland
   • Germany
   • Austria
   • United Kingdom
   • France
   • Sweden
   • Finland
   • Czech Republic
   • Slovenia
   • Portugal
   • Iceland
   • Norway
   • Andorra
   • Slovakia
   • Ukraine
   • Italy
   • Spain
   • Greece
5. Products purchased from the Shop are delivered - depending on which delivery method the Buyer has chosen:
   1. via courier service;
   2. via the Polish Post;
   3. to InPost parcel machines.
6. The buyer can collect the goods in person at the company's premises during opening hours.
7. If the buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated delivery date.

§ 7 RIGHT OF WITHDRAWAL

1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the date:
   1. in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
   2. on which the Priority Buyer has taken possession of the last good, lot or part, or on which a third party, other than the carrier and designated by the Priority Buyer, has taken possession of the last good, lot or part, in the case of a contract involving the transfer of ownership of multiple goods which are delivered separately, in lots or in parts.
3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
4. A privileged buyer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
5. In order to comply with the withdrawal period, it is sufficient for the privileged Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.CONSEQUENCES OF WITHDRAWAL
6. In the event of withdrawal from the concluded contract, the Seller shall reimburse to the Priority Buyer all payments received from him, including the costs of delivery of the goods (except for the additional costs resulting from the Priority Buyer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any event not later than 14 days from the day on which the Seller was informed of the Priority Buyer's decision to exercise his right of withdrawal.
7. The Seller shall refund the payment using the same means of payment used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in which case the Priority Buyer shall not incur any charges in connection with such refund.
8. If the Seller has not offered to collect the goods itself from the Priority Buyer, the Seller may withhold reimbursement until it has received the goods or until it has been provided with proof of their return, whichever event occurs first.
9. The Seller requests that the goods be returned to the address: ul. Klakurki 2A immediately and in any case no later than 14 days from the day on which the Priority Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Priority Buyer sends back the goods before the expiry of the 14-day period.
10. The privileged buyer shall bear the direct costs of returning the goods.
11. The privileged purchaser shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be sent back in the usual way by post, the Priority Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Shop or when placing the order.
13. In the event that a refund is required for a transaction made by a Buyer with a privileged payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance contract referred to in § 7 of the Terms and Conditions does not apply to the contract:
   1. in which the object of the performance is goods which are not prefabricated, produced according to the specifications of the privileged Buyer or which serve to satisfy his individualised needs;
   2. where the object of the performance is goods which are perishable or have a short shelf life;
   3. where the object of the service is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery;
   4. in which the object of the performance is goods which are, by their nature, inseparable from other goods after delivery;
   5. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
   7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The seller shall be liable to the privileged purchaser for the conformity of the performance with the contract as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
2. The Seller asks for complaints to be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
3. If the product has a guarantee, information about the guarantee and its conditions is available in the Shop.
4. Complaints concerning the operation of the Shop should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
5. The seller will respond to the complaint within 14 days of receipt.

II PRIORITY BUYERS

1. Goods
   1. In the event of non-conformity of the goods with the contract, the privileged Buyer has the possibility of exercising the rights set out in Chapter 5a of the Consumer Rights Act.
   2. The Seller shall be liable for any lack of conformity of the goods with the contract existing at the time of delivery and discovered within two years of that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Based on the provisions of the Consumer Rights Act, a privileged Buyer may in any case request:
      1. exchange of goods,
      2. repairs to goods.
   4. In addition, the Preferred Buyer may make a statement to:
      1. price reduction,
      2. withdrawal from the contract

      where:

      • The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
      • The seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4) to (6) of the Consumer Rights Act;
      • the non-conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first having recourse to the remedies set out in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the favoured Buyer.
   5. In the case of goods subject to repair or replacement, the Priority Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the Priority Buyer at his own expense.
   6. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
   7. In the event of withdrawal from the contract referred to in this section (concerning goods), the Priority Buyer shall immediately return the goods to the Seller at the Seller's expense to the address ul. Klakurki 2A. The Seller shall return the price to the Priority Buyer immediately, but no later than within 14 days of receipt of the goods or proof of their return.
   8. The Seller shall reimburse to the Priority Buyer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Priority Buyer's declaration of price reduction.
2. Out-of-court complaint and redress procedures
   1. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may make use of, among other things:
      1. mediation conducted by the locally competent Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: OCCP;
      2. with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: Arbitration court;
      3. free assistance from the municipal or district consumer ombudsman;
      4. ODR's online platform available at: Online Dispute Resolution.

III BUYERS OTHER THAN PREFERRED BUYERS

1. In the event of a defect in the goods, a purchaser other than a privileged purchaser has the option of claiming the defective goods on the basis of the warranty regulated by the Civil Code.
2. The seller shall be liable to a purchaser other than a privileged purchaser under the warranty if a physical defect is discovered before the expiry of two years from the date of delivery of the goods to the purchaser.
3. Pursuant to the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses the rights under the warranty if he did not examine the goods in the time and manner usual for goods of this type and did not notify the Seller about the defect immediately, and if the defect became apparent only later - if he did not notify the Seller immediately after its discovery. Sending notice of the defect before the deadline shall be sufficient to meet the above deadline.
4. When exercising the warranty, a Buyer other than a Priority Buyer may, under the terms of the Civil Code:
   1. make a declaration of price reduction,
   2. in the event of a material defect, to declare a withdrawal from the contract,
   3. demand that the goods be replaced with defect-free goods,
   4. demand that the defect be rectified.
5. If it turns out that it is necessary to deliver the defective goods to the Seller in order to consider the complaint, the Buyer other than the privileged Buyer is obliged to deliver the goods to the address ul. Klakurki 2A.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer when using the Shop is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available at the Shop - due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) - "RODO".
2. The purpose of the Seller's processing of the Buyer's data provided by the Buyer in connection with purchases in the Shop is to process orders. The basis for the processing of personal data in this case is:
   • contract or actions taken at the request of the Buyer with a view to concluding a contract (Article 6(1)(b) RODO),
   • Vendor's legal obligation relating to accounting (Article 6(1)(c) RODO) and
   • Vendor's legitimate interest in processing the data in order to establish, assert or defend possible claims (Art. 6(1)(f) RODO).
3. The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will prevent the conclusion of a contract in the Shop.
4. Buyer data provided in connection with purchases from the Shop will be processed until:
   1. the contract concluded between the Purchaser and the Seller shall cease to be valid;
   2. the Seller shall no longer be under a legal obligation to process the Buyer's data;
   3. the possibility of asserting claims by the Buyer or the Seller related to the contract concluded by the Shop ceases;
   4. the Buyer's objection to the processing of his personal data is accepted - in case the basis of data processing was the legitimate interest of the Seller

   - depending on what is applicable in each case and what will happen at the latest.

5. The buyer is entitled to demand:
   1. access to their personal data,
   2. their rectification,
   3. deletions,
   4. limitation of processing,
   5. transfer of data to another controller
      as well as the law:
   6. to object at any time to the processing of data on grounds relating to the Buyer's particular situation - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Seller).
6. In order to exercise their rights, the Buyer should contact the Seller using the details in § 2 of the Terms and Conditions.
7. In the event that the Buyer considers that his data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Authority.

§ 11 RESERVATIONS

1. The provision of unlawful content by the Buyer is prohibited.
2. Each order placed in the Shop constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
3. Contracts concluded on the basis of the Terms and Conditions shall be concluded in the Polish language.
4. In the event of a possible dispute with a Buyer who is not a Priority Buyer, the competent court shall have jurisdiction over the Seller's registered office.