TERMS AND CONDITIONS OF THE ONLINE SHOP
Growshop.org
§ 1
GENERAL PROVISIONS
1. The shop growshop.org operates according to the rules defined in these Terms and Conditions.
2. The Terms and Conditions specify the conditions for concluding and resolving Product Sales Agreements, the procedure for complaints, as well as the types and scope of electronic services provided by the Shop growshop.org, principles of providing these services, conditions for concluding and terminating agreements on electronic service provision.
3. Each Service Recipient is obliged to comply with the provisions of these Terms and Conditions from the moment of undertaking actions aimed at using the Electronic Services of Shop growshop.org.
4. In matters not regulated in these Terms and Conditions, the provisions shall apply:
1. Act on providing services by electronic means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
2. Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827),
3. Act on out-of-court consumer dispute resolution of September 23, 2016 (Journal of Laws 2016, item 1823),
4. Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS
1. CONTACT FORM – a form available on the growshop.org website allowing sending a message to the Service Provider.
2. REGISTRATION FORM – a form available on the growshop.org website enabling the creation of an Account.
3. ORDER FORM – a form available on the growshop.org website enabling the placement of an Order.
4. CLIENT – a Service Recipient who intends to enter into or has entered into a Product Sales Agreement with the Seller.
5. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
6. ACCOUNT – a set of resources in the Service Provider's teleinformation system, marked with an individual name (login) and password, in which the data of the Service Recipient, including information about placed Orders, are collected.
7. NEWSLETTER – an Electronic Service that allows the Service Recipient to subscribe and receive from the Service Provider free information related to the Shop and the products available in it, sent to the Service Recipient's email address.
8. PRODUCT – a movable item or service available in the Shop that is the subject of a Product Sales Agreement between the Client and the Seller.
9. TERMS AND CONDITIONS – these terms and conditions of the Shop.
10. SHOP – the online shop of the Service Provider operating at the growshop.org address.
11. SELLER, SERVICE PROVIDER – Jan Walczak conducting business activity under the company EuroTrade Jan Walczak, entered into the Central Registration and Information on Business of the Republic of Poland, business address and delivery address: ul. Stanisławowska 47, 54-611 Wrocław, VAT ID (NIP): 6671048534, REGON: 527800600, email address: info@growshop.org, phone number: +31 684 580 632.
12. OPINION SYSTEM – an Electronic Service provided to Clients by the Service Provider, enabling posting opinions about Products.
13. PRODUCT SALES AGREEMENT – a Product sales agreement concluded between the Client and the Seller via the Shop.
14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Shop.
15. SERVICE RECIPIENT – a natural person, a legal person, or an organizational unit without legal personality, which is granted legal capacity by the law, using an Electronic Service.
16. ORDER - a declaration of will of the Client constituting an offer to conclude a Product Sales Agreement with the Seller.
§ 3
INFORMATION ABOUT PRODUCTS AND THEIR ORDERING
1. The shop growshop.org conducts retail sales of Products via the Internet in Poland and other European Union countries.
2. Products offered in the Shop are new, free from physical and legal defects, and have been legally introduced to the Polish market.
3. Information on the Shop’s web pages do not constitute an offer within the meaning of the law. The Client, by placing an Order, makes an offer to buy a specific Product under the conditions described in its description.
4. The price of the Product displayed on the Shop’s website is given in Polish zlotys (PLN) and in euros (EUR) and includes all components, including VAT. The price does not include delivery costs.
5. The price of the Product displayed on the Shop’s website is binding at the moment of placing the Order by the Client. This price will not change regardless of the price changes in the Shop that may occur in relation to individual Products after the Client has placed an Order.
6. Orders can be placed:
1. through the website using the Order Form (Shop growshop.org) – 24 hours a day, all year round,
2. via email to: info@growshop.org,
3. by phone at: +31 684 580 632.
7. To place an Order, the Client is obliged to register an Account in the Shop.
8. A condition for placing an Order in the Shop by the Client is reading the Terms and Conditions and accepting its provisions at the time of placing the Order.
9. The Shop processes Orders placed from Monday to Friday during the Shop’s working hours, i.e., from 8 am to 8 pm on working days. Orders placed on working days after 8 pm, on Saturdays, Sundays, and holidays, will be processed the next working day.
10. Products in promotion (sale) have a limited number of pieces and Orders for them are processed in the order of their receipt until the stock of a given Product is exhausted.
§ 4
CONCLUSION OF THE PRODUCT SALES AGREEMENT
1. For the conclusion of the Product Sales Agreement, it is necessary for the Client to previously place an Order in one of the ways made available by the Seller, in accordance with § 3 points 6 and 8 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt.
3. The confirmation of receiving the Order, mentioned in point 2 of this paragraph, binds the Client with his Order. The confirmation of receiving the Order is done by sending an email message.
4. The confirmation of receiving the Order includes:
1. confirmation of all essential elements of the Order,
2. the withdrawal form,
3. these Terms and Conditions including instruction on the right to withdraw from the agreement.
5. Upon receipt of the email message mentioned in point 4 of this paragraph by the Client, a Product Sales Agreement is concluded between the Client and the Seller.
6. Confirmation of accepting the Order for execution takes place immediately after receiving payment for the concluded Product Sales Agreement, in the form of an email message sent to the Client’s email address.
7. Each Product Sales Agreement will be confirmed by a proof of purchase (receipt) attached to the Product.
§ 5
PAYMENT METHODS
1. The Seller provides the following payment methods:
1. payment via electronic payment services (Stripe, Tpay),
2. payment by bank transfer to the Seller’s bank account,
2. In the case of payment by bank transfer, the payment should be made to the bank account number: 03109012160000000157122796 [payments in PLN] or PL32109012160000000157145069 [payments in EURO] EuroTrade Jan Walczak, ul. Stanisławowska 47, 54-611 Wrocław, VAT ID: 6671048534. The transfer title should include the order identifier displayed after placing the Order and sent by email to the Client’s address.
3. In the case of payment via electronic payment services, the Client makes the payment before starting the Order execution. Electronic payment services enable payment via credit card or fast transfer from selected Polish banks.
4. The Client is obliged to make the payment for the Product Sales Agreement within 14 working days from the day of its conclusion, unless the Product Sales Agreement provides otherwise.
5. In the case of choosing payment methods as per points 1.1 and 1.2 of this paragraph, the Product will be sent only after its payment has been made.
§ 6
COST, DELIVERY TIME AND METHODS OF PRODUCT DELIVERY
1. The delivery costs of the Product, which are covered by the Client, are set during the process of placing the Order and depend on the chosen payment method and the delivery method of the purchased Product.
2. The delivery time of the Product consists of the time of completing the Product and the delivery time of the Product by the carrier:
1. The time of completing the Products is up to 14 working days from the moment of crediting the funds paid by the Client for the Product Sales Agreement on the Seller’s account.
2. Delivery of Products being movable items by the carrier takes place within the time declared by him, i.e., from 1 to 14 working days from the moment of sending the shipment (delivery takes place only on working days, excluding Saturdays, Sundays, and holidays).
3. The Products purchased in the Shop are sent in Poland and the European Union via courier companies: InPost, DPD, GLS, Fedex.
4. There is no possibility of personal collection of the ordered goods.
§ 7
PRODUCT COMPLAINT
1. Complaint due to warranty.
1. All Products offered in the Shop come with a manufacturer's warranty valid in the territory of the Republic of Poland.
2. The warranty period for Products is 24 months and is counted from the day of delivering the Product to the Client.
3. The document entitling to warranty protection is the warranty card or the proof of purchase (receipt).
4. The warranty does not exclude the rights of the Consumer and the entities mentioned in § 10 of the Terms and Conditions, arising from the warranty for physical and legal defects of the Product, specified in the Civil Code.
2. Complaint due to warranty for defects.
1. The basis and scope of the Seller’s liability towards the Client being a Consumer or an entity mentioned in §10 of the Terms and Conditions, due to the warranty covering physical and legal defects, are specified in the Civil Code Act of April 23, 1964 (Journal of Laws no. 16, item 93, as amended).
2. Notification of defects concerning the Product and submitting the appropriate demand can be done via email to: info@growshop.org or in writing to the address: ul. Stanisławowska 47, 54-611 Wrocław.
3. In the above-written or electronic message, it is necessary to provide as much information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of the irregularity, and contact details. The provided information will significantly facilitate and accelerate the processing of the complaint by the Seller.
4. For assessing the physical defects of the Product, it should be delivered to the address: EuroTrade Jan Walczak, ul. Stanisławowska 47, 54-611 Wrocław.
5. The Seller responds to the Client’s demand immediately, no later than within 14 days from the moment of reporting the complaint.
6. In the case of a complaint by a Client who is a Consumer or an entity mentioned in § 10 of the Terms and Conditions – not addressing the complaint within 14 days of its submission is tantamount to recognizing it. In connection with a justified complaint of a Client who is a Consumer or an entity mentioned in § 10 of the Terms and Conditions, the Seller covers the costs of collection, delivery, and exchange of the Product without defects.
7. The response to the complaint is provided on paper or another durable medium.
§ 8
RIGHT TO WITHDRAW FROM THE AGREEMENT
1. Subject to paragraph 10 of this paragraph, the Client being at the same time a Consumer or an entity mentioned in § 10 of the Terms and Conditions, who concluded a distance contract, may withdraw from it without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send the withdrawal statement provided by the Shop.
2. In the event of withdrawal from the agreement, the Product Sales Agreement is considered not concluded, and the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, however not later than 14 days from the day on which he withdrew from the agreement, unless the Seller has proposed that he will pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
3. In case of withdrawal from the Product Sales Agreement, the Product should be returned to the address: EuroTrade Jan Walczak, ul. Stanisławowska 47, 54-611 Wrocław.
4. The Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, is liable for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product. To establish the nature, characteristics, and functioning of the Products, the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, should handle and inspect them only in the same manner as they would be allowed to do in a physical shop.
5. Subject to paragraphs 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the cost of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, has expressly agreed to a different method of refund, which does not involve any costs for them. Subject to paragraph 7 of this paragraph, the refund shall be made immediately, and no later than within 14 days from the moment the Seller received the withdrawal statement from the Product Sales Agreement.
6. If the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to refund the incurred additional costs to them.
7. If the Seller has not offered to pick up the Product from the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, he may withhold the refund of payments received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.
8. The Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, withdrawing from the Product Sales Agreement in accordance with paragraph 1 of this paragraph, bear only the costs of returning the Product to the Seller.
9. The fourteen-day period in which the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, can withdraw from the agreement, counts from the day on which the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, took possession of the Product, and in the case of a service from the day of concluding the agreement.
10. The right to withdraw from a distance contract does not apply to the Consumer or the entity, as mentioned in § 10 of the Terms and Conditions, in the case of a Product Sales Agreement:
1. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individualized needs,
2. in which the subject of the service is an item delivered in a sealed package, which cannot be returned for health protection or hygiene reasons if the package was opened after delivery,
3. in which the subject of the service concerns items that were inseparably mixed with other items after delivery, due to their nature,
4. in which the subject of the service is a service, if the Seller fully performed the service with the express consent of the Consumer, who was informed before the beginning of the service, that after the Seller’s fulfillment of the service, he will lose the right to withdraw from the agreement,
5. in which the subject of the service is an item subject to rapid spoilage or having a short shelf life.
11. The right to withdraw from the Product Sales Agreement is available to both the Seller and the Client, in case the other party to the agreement does not fulfill its obligation within a strictly defined period.
§ 9
PROVISIONS FOR ENTREPRENEURS (B2B)
1. This paragraph contains provisions exclusively for entrepreneurs not covered by the protection resulting from the Consumer Rights Act, as mentioned in § 10 of the Terms and Conditions.
2. The Seller has the right to withdraw from the Product Sales Agreement concluded with a Client who is not a Consumer within 14 working days from the day of its conclusion. Withdrawal from the Product Sales Agreement in this case can occur without giving reasons and does not give rise to any claims on the part of the Client who is not a Consumer against the Seller.
3. The Seller has the right to limit the payment methods available to Clients who are not Consumers, including requiring a prepayment in part or in full of the sales price regardless of the payment method chosen by the Client and the fact of concluding the Product Sales Agreement.
4. The benefits and burdens related to the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a Consumer at the moment of handing over the Product to the carrier by the Seller. In such a case, the Seller is not responsible for the loss, shortage, or damage of the Product occurring from the moment of acceptance of the Product for transport until its delivery to the Client, as well as for the delay in the transport of the shipment.
5. When sending the Product to the Client via a carrier, the Client who is not a Consumer is obliged to examine the shipment in time and in the manner adopted for shipments of this type. If it is found that a loss or damage to the Product occurred during transport, he is obliged to perform all actions necessary to determine the carrier's liability.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending a termination statement to the Service Recipient who is not a Consumer.
§ 10
PROVISIONS FOR ENTREPRENEURS WITH CONSUMER RIGHTS
(effective from January 1, 2021)
1. An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the Product Sales Agreement, which he concludes with the Seller, is not of a professional nature.
2. The person conducting economic activity, as mentioned in point 1 of this paragraph, is protected only in the scope of:
1. prohibited contractual provisions – so-called abusive clauses,
2. liability due to the warranty for physical and legal defects of the Product, according to § 7 of the Terms and Conditions,
3. the right to withdraw from the contract concluded at a distance, according to § 8 of the Terms and Conditions.
3. The entrepreneur, as mentioned in point 1 of this paragraph, loses the rights from consumer protection in the case when the Product Sales Agreement, which he concluded with the Seller, has a professional character, which is verified based on the entry of this entrepreneur in the Central Registration and Information on Business of the Republic of Poland, in particular, the codes of the Polish Classification of Activities indicated there.
4. Entrepreneurs, as mentioned in point 1 of this paragraph, are not covered by the institutional protection provided for Consumers by the district (municipal) consumer ombudsmen and the President of the Office of Competition and Consumer Protection.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services such as through the Shop:
1. concluding Product Sales Agreements,
2. maintaining an Account in the Shop,
3. Opinion System,
4. Newsletter.
2. The provision of Electronic Services to Service Recipients in the Shop takes place under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Shop’s website. These contents constitute an integral part of the Shop and the materials presented in it.
§ 12
CONDITIONS FOR PROVIDING AND CONCLUDING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of Electronic Services specified in § 11 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The period for which the contract is concluded:
1. the contract for the provision of an Electronic Service enabling the placement of an Order in the Shop is concluded for a definite period and terminates at the moment of placing the Order or ceasing to place it by the Service Recipient,
2. the contract for the provision of an Electronic Service enabling the maintenance of an Account in the Shop is concluded for an indefinite period,
3. the contract for the provision of an Electronic Service enabling the use of the Opinion System is concluded for a definite period and terminates at the moment of posting an opinion or ceasing to use this Service by the Service Recipient,
4. the contract for the provision of an Electronic Service enabling the use of the Newsletter is concluded for an indefinite period.
3. Technical requirements necessary to cooperate with the teleinformation system used by the Service Provider:
1. computer (or mobile device) with Internet access,
2. access to electronic mail,
3. Internet browser,
4. enabling Cookies and JavaScript in the Internet browser.
4. The Service Recipient is obliged to use the Shop in a manner consistent with the law and good morals with respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the factual state.
6. The Service Recipient is prohibited from providing unlawful content.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Shop can be submitted by the Service Recipient via email to: info@growshop.org.
2. In the above email message, it is necessary to provide as much information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of the irregularity, and contact details. The provided information will significantly facilitate and accelerate the processing of the complaint by the Service Provider.
3. The processing of the complaint by the Service Provider takes place immediately, no later than within 14 days from the moment of reporting.
4. The response of the Service Provider regarding the complaint is sent to the email address of the Service Recipient provided in the complaint submission or in another way specified by the Service Recipient.
§ 14
CONDITIONS FOR TERMINATING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the contract for the provision of Electronic Services:
1. The termination may be subject to the contract for the provision of Electronic Services of a continuous and indefinite nature (maintenance of an Account, Newsletter).
2. The Service Recipient may terminate the contract with immediate effect and without stating reasons by sending an appropriate statement via email to: info@growshop.org.
3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the case when the Service Recipient violates the Terms and Conditions, in particular, when providing unlawful content, after an unsuccessful prior call to cease the violations with a specified appropriate deadline. The contract in such case expires after the lapse of 7 days from the day of submitting the declaration of will about its termination (notice period).
4. Termination leads to the termination of the legal relationship with effect for the future.
2. The Service Provider and the Service Recipient can dissolve the contract for the provision of Electronic Services at any time by agreement of the parties.
§ 15
INTELLECTUAL PROPERTY
1. All contents published on the website at the address growshop.org are protected by copyright and (with the exception of § 15 point 3 and elements provided by Service Recipients, used on the basis of a license, transfer of property rights to copyrights or permitted use) are the property of Jan Walczak conducting business activity under the company EuroTrade Jan Walczak, ul. Stanisławowska 47, 54-611 Wrocław, VAT ID: 6671048534, REGON: 527800600. The Service Recipient bears full responsibility for the damage caused to the Service Provider as a result of using any content of the website growshop.org without the consent of the Service Provider.
2. Any use by anyone without the express written consent of the Service Provider of any of the elements forming part of the content and content of the website growshop.org constitutes a violation of the copyright owned by the Service Provider and results in civil and criminal liability.
3. All trade names, product names, company names and their logos used on the website of the Shop at the address growshop.org belong to their owners and are used only for identification purposes. They may be protected trademarks. All materials, descriptions, and photos presented on the website of the Shop at the address growshop.org are used for informational purposes.
§ 16
FINAL PROVISIONS
1. Contracts concluded through the Shop are concluded in accordance with Polish law.
2. In the event of any part of the Terms and Conditions being inconsistent with the applicable law, instead of the questioned provision of the Terms and Conditions, the relevant provisions of Polish law apply.
3. All disputes arising from Product Sales Agreements between the Shop and Consumers will be resolved in the first instance through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court consumer dispute resolution. However, if this would not be possible or satisfactory for either of the parties, disputes will be resolved by the competent common court, according to point 4 of this paragraph.
4. Judicial resolution of disputes:
1. Possible disputes arising between the Service Provider and the Service Recipient (Client) being at the same time a Consumer or an entity mentioned in §10 of the Terms and Conditions, are submitted to the courts competent according to the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
2. Possible disputes arising between the Service Provider and the Service Recipient (Client) not being at the same time a Consumer, as mentioned in §9 of the Terms and Conditions, are submitted to the court competent due to the seat of the Service Provider.
5. Clients being Consumers also have the right to use out-of-court methods of dispute resolution, in particular by submitting after the end of the complaint procedure an application for initiating mediation or an application for examination of the case by an amicable consumer court (the application can be downloaded from the website http://www.uokik.gov.pl). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl. Consumers can also use the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
6. Consumers can, in particular, submit a complaint via the online platform ODR (Online Dispute Resolution), available at: http://ec.europa.eu/consumers/odr/