ONLINE STORE TERMS AND CONDITIONS – CBD Skin Expert
CBD SKIN EXPERT Sp. z o. o.
Władysław Warneńczyk Street 83G/4
35-612 Rzeszówbiuro@mariog3.pl
(+48) 512 527 728
STATUTE
1. Definitions
1.1 Statute – these Terms and Conditions, specifying the rules for concluding distance selling agreements via the Online Store, the rules for performing these agreements, the rights and obligations of the parties to the Distance Selling Agreement, and the rules for complaint procedures. With respect to services provided electronically, these Terms and Conditions are, respectively, the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
1.2 Client – a natural person with full legal capacity, a legal person or an organizational unit without legal personality to which the law grants legal capacity, which concludes a Distance Selling Agreement with the Seller.
1.3 Consumer – a consumer within the meaning of Article 22 1 of the Civil Code. According to the statutory definition: a Consumer is a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
1.4 A natural person running a sole proprietorship making a purchase of a non-professional nature – a natural person concluding a Distance Selling Agreement directly related to his/her business activity, when the content of this agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity, to whom the law grants the right to: withdraw from the agreement on the terms granted to Consumers, to apply the provisions on unfair terms used in standard contracts and regarding liability under the warranty for defects in the sold item.
1.5 Seller – CBD SKIN EXPERT Sp. z o. o., NIP 8133866978, KRS 0000923747
1.6 Seller's registered office address – ., Władysława Warneńczyka 83G/4, 35-612 Rzeszów
1.7 Internet shop – an internet service operated by the Seller, available at the following electronic addresses: cbdskinexpert.pl, through which the Customer can obtain information about the Goods and their availability, as well as purchase the Goods or order the provision of a service.
1.8 Distance selling contract – a contract for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded via the Online Store.
1.9 Commodity – a movable item that the Customer can purchase in the Online Store.
1.10 Privacy and cookie policy of the Online Store – a document specifying detailed rules for the processing of personal data and the use of cookies. The privacy and cookie policy constitutes Appendix 3 to the Regulations and is available at: LINK
1.11 Durable medium – means a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form, in particular electronic mail.
1.12 Electronic order form – the Seller provides the Buyer with an electronic ordering procedure.
1.13 Electronic return form – electronic returns procedure provided by the Seller to the Buyer; available at LINK
1.14 Electronic complaint form – electronic complaint procedure provided by the Seller to the Buyer; available at LINK
1.15 Sending the order – confirmation of the order by the Customer clicking the “I am ordering with an obligation to pay” button, which is treated as the Customer submitting a binding declaration of intent to conclude a Distance Selling Agreement with the Seller.
1.16 Account – a set of data stored in the Online Store and in the Seller’s IT system regarding a given Customer and the orders placed by him/her and the Distance Selling Agreements concluded, with the use of which the Customer may place orders and, in due time, cancel or edit and conclude Distance Selling Agreements.
1.17 Evaluation of order processing and evaluation of individual goods – subjective opinions and ratings awarded by the Customer in the form of stars from 1 to 5 for the Online Store after the completed Order.
2. General provisions
2.1 Types and scope of services provided electronically:
2.1.1 concluding online sales agreements – in the scope of Goods sold in the Online Store,
2.1.2 rules for registering and using the Account within the Online Store,
2.1.3 adding opinions, comments and ratings – the customer can add an opinion or comment to his order,
2.1.4 sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, and acceptance of the order for execution.
2.2 The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
2.2.1 Internet browsers, i.e. Firefox, Chrome, Internet Explorer in the current version,
2.2.2 any program for viewing PDF files.
2.3 The content published on the Online Store's website, including descriptions of the Goods and prices, constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code. They become binding for the purposes of concluding a specific contract only when the Customer submits an order by clicking the "Order with payment obligation" button.
2.4 The Seller makes these Terms and Conditions, including any Appendices, available via a link on the home page before, during, and after the conclusion of the Distance Selling Agreement. The Buyer may download and print them.
2.5 In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the acquisition and modification of personal data transmitted via the Internet by unauthorized persons.
3. Orders
3.1 You can place an order in the Online Store via your Account or choose the purchase option without registration.
3.2 Purchases are made by completing the Electronic Order Form available on the Online Store website. The ordered Goods are selected by adding them to the shopping cart. The Electronic Order Form specifies, among other things, which Goods, at what price, and in what quantities the Customer wishes to order to the location they specify. The Customer takes appropriate technical steps based on the displayed messages.
3.3 After the Customer provides all the required information, a summary of the submitted order will be displayed. The order summary will include information regarding: the Seller's identification details, the subject of the order, the unit and total price of the ordered Goods, including shipping and other costs, if applicable, the selected payment method, the selected delivery method, and the delivery time and costs.
3.4 If the subject of the contract is the delivery of digital content that is not recorded on a tangible medium or services provided electronically or remotely, the Consumer shall provide the following consent in an additional checkbox required for placing an order and located on the Electronic Order Form: "I consent to the delivery of digital content that is not recorded on a tangible medium or to the commencement of the provision of the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract." The Seller will confirm receipt of the aforementioned consent by email.
3.5 In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the Regulations, and send the order by pressing the "I am ordering with an obligation to pay" button.
3.5.1 Sending the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Selling Agreement, in accordance with the provisions of these Regulations.
3.5.2 A distance sales contract is deemed to be concluded upon acceptance of the Electronic Order Form by the Seller, which is confirmed by displaying to the Buyer a message confirming acceptance of the order and providing its number.
3.5.3 After concluding a Distance Selling Agreement, the Customer will receive an email confirmation of the placed order, including: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general terms and conditions of the concluded Distance Selling Agreement (Online Store Terms and Conditions, including Appendices 1 and 2), the Seller's details, the Seller's liability for the quality of the service, information about the services provided by the Seller after the sale, and the method and consequences of withdrawing from the agreement. Instructions on the method and consequences of withdrawing from the agreement are included in Appendix 1.
3.5.4 Until the Seller starts processing the order:
3.5.4.1 The Customer may change their order using the technical solution available on the Electronic Order Form page and by repeating the entire ordering process. A change to the order is made by submitting a new order, which replaces the previously placed order. Alternatively, the Customer's payment will be applied to the new order, and in the event of an overpayment, it will be refunded to the bank account from which the payment was made.
3.5.4.2 The Customer may cancel his or her order by selecting the "cancel order" option available on the Electronic Order Form page.
3.5.5 If the Customer cancels the order, the Seller will refund the payment received within 3 business days. The refund will be made using the same payment method used by the Customer.
3.5.6 The order processing time is from 1 to 45 business days from the date of conclusion of the contract.
4. Payment
4.1 The Online Store offers prepayment, cash on delivery, and payment to account upon delivery. Deferred payment is available in situations individually agreed upon with the Seller.
4.2 Payment for the goods can be made in the manner selected when placing the order on the Electronic Order Form.
4.3 Currently available payment methods in the form of prepayments in the Online Store are available at the LINK
5. Delivery
5.1 The Customer selects the delivery method on the Electronic Order Form by selecting their selection. The Seller reserves the right to change the delivery method selected by the Customer at no additional cost to the Customer.
5.2 If the Customer fails to collect the Goods, resulting in the Goods being returned to the Seller, the Seller may withdraw from the sales contract. Withdrawal from the contract is effected by submitting a declaration to the Customer via email.
5.3 In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
5.4 Currently available delivery methods in the Online Store are available at the address insert link when the website is operational
6. Withdrawal from the contract – electronic return form
6.1 A Buyer who is a Consumer who has concluded a Distance Selling Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Selling Agreement, the Agreement is deemed not to have been concluded.
6.2 The right to withdraw from the contract under the terms specified in Chapters 6 and 7 of these Regulations also applies to a natural person running a sole proprietorship making a purchase of a non-professional nature.
6.3 The Seller will verify the authority of the person indicated in point 2 to submit a declaration of withdrawal from the Agreement. This verification is carried out by checking whether the concluded agreement is not of a professional nature for that person – which is done in particular by analyzing the PKD codes indicated in the Central Registration and Information on Business.
6.4 If it is determined that the purchase of Goods by a sole proprietor in the Online Store was for a professional purpose, the Seller will immediately, i.e. no later than 3 business days from receipt of the declaration of withdrawal, inform the person submitting the declaration that due to the professional nature of the purchase, there is no right of withdrawal, and therefore the declaration of withdrawal from the contract has no legal effect. If the declaration of withdrawal is accompanied by a physical return of the Goods, the Goods will be returned at the expense of the person submitting the declaration and to the address previously provided in the Order. The Seller's response will be provided using the same method as the person submitting the declaration.
6.5 In the event of withdrawal from the contract, the Consumer shall bear only the direct costs of returning the Goods.
6.6 The Consumer's declaration must clearly express his will to withdraw from the contract, in particular the Consumer may:
6.6.1 use the electronic return form available on the Online Store website: LINK
6.6.2 withdraw from the contract using the withdrawal form, which is Appendix No. 2, by sending it to the address of the Seller's registered office.
6.6.3 The Seller shall immediately confirm on a Durable Medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in points 1 and 2.
6.7 To meet the deadline, it is sufficient to send the declaration before its expiry.
6.8 The period for withdrawal from the contract begins:
6.8.1 for a contract in performance of which the Seller delivers the goods and is obliged to transfer ownership thereof – from the moment the Consumer or a third party indicated by him other than the carrier takes possession of the Goods, and in the case of a contract which:
6.8.1.1 covers multiple items that are delivered separately, in batches or in parts - from the taking of possession of the last item, batch or part;
6.8.1.2 consists in the regular delivery of goods for a specified period of time – from the moment of taking possession of the first item;
6.8.2 for other contracts – from the date of conclusion of the contract.
6.9 The form for the declaration of withdrawal from the contract (Appendix No. 2 to these Regulations) and information on exercising the right to withdraw from the contract (Appendix No. 1 to these Regulations) are provided in the electronic form indicated in point 3.5.3 of these Regulations.
6.10 The right to withdraw from a Distance Selling Agreement does not apply to agreements specified in Article 38 of the Act of 30 May 2014 (Journal of Laws of 2019, item 134) on consumer rights, including Agreements:
6.10.1 in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
6.10.2 the subject of which is a non-prefabricated item, manufactured according to the Customer’s specifications or intended to meet his individual needs;
6.10.3 the subject of which is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
6.10.4 the subject of which are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
6.10.5 for the supply of digital content and electronic licenses that are not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the entrepreneur has informed him of the loss of the right to withdraw from the contract;
6.10.6 the subject of which is an item that is subject to rapid deterioration or has a short shelf life, and the subject of which are items that, due to their nature, are inseparably connected with other items after delivery;
6.10.7 for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
6.10.8 concluded through public auction;
6.10.9 for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
6.10.10 in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
7. Consequences of withdrawal from the sales contract
7.1 The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the Contract for the Sale of Goods, will refund to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest delivery method offered by the Seller.
7.1.1 Refunds will be made using the same payment method used by the Consumer.
7.1.2 If the Consumer uses the Electronic Return Form to exercise the right of withdrawal, the funds will be refunded in the chosen method and to the bank account specified by the Consumer.
7.2 If the Seller has not offered to collect the Goods from the Consumer, it may withhold the reimbursement of payments received from the Consumer until it receives the Goods back or the Consumer provides proof of having sent them back, whichever occurs first.
7.3 The Seller may offer to collect the item from the Consumer. However, if the Seller does not make such an offer, the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry. The Consumer should send the returned goods to the Seller's registered office address.
7.4 The Consumer is liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
8. Complaints
8.1 The Seller is obliged to deliver Goods free from physical and legal defects and is liable to the Customer for physical and legal defects of the purchased Goods under the terms set out in the Civil Code.
8.2 If, after the ownership of the Goods has passed to the Buyer, the Buyer finds that the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the warranty for defects:
8.2.1 via the Electronic Complaint Form;
8.2.2 in writing to the Seller's registered office address or by e-mail to biuro@mariog3.pl
8.2.3 The complaint must specify the defect that the Buyer believes the goods have, the claim against the Seller, and, if possible, document the defect and provide proof of purchase of the Goods from the Online Store. The Seller is obligated to respond to the complaint within 14 days of its receipt. If the Seller fails to respond within this period, the complaint is deemed to have been accepted. The Seller will provide the Buyer with a response to the complaint in writing or on a durable medium.
8.2.4 The steps the Buyer must take to file a complaint, including the method of delivering the Goods to the Seller, are indicated at each stage in the Electronic Complaint Form. If the Buyer uses a method other than the Electronic Complaint Form to file a complaint, the Seller will inform the Buyer about the next steps in the complaint procedure in a manner consistent with the method of submitting the complaint.
8.2.5 If the Seller considers the complaint justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods shall be borne by the Seller.
8.2.6 The Seller will verify whether a complaint submitted by a sole proprietor making a purchase for a non-professional purpose is of a non-professional nature for that person. This verification is performed by analyzing the PKD codes listed in the Central Registration and Information on Business.
8.2.7 If, following a complaint submitted by the Consumer, the dispute is not resolved, the Seller shall provide the Consumer with a statement on paper or another durable medium about:
8.2.7.1 the intention to file a request to initiate proceedings for the out-of-court resolution of consumer disputes or consent to participate in such proceedings, or
8.2.7.2 refusal to participate in the out-of-court settlement of consumer disputes.
9. Opinions
9.1 Within a specified period after the Order is completed, a Customer with an Account may be asked via email to add a Rating of the Order Processing and a rating of individual products. Rating the Order Processing and individual products is voluntary and free of charge. To do so, click on a link that takes you to a separate page. Within a single order, the Customer may only add these Ratings once.
9.2 As part of the aforementioned Ratings, the Customer may assign a star rating from 1 to 5 and add a verbal comment limited to 65,535 words. The aforementioned Ratings are automatically signed with the Customer's name and city, which the Customer indicated when registering the Account.
9.3 The ratings are stored and publicly displayed on the Online Store website as well as on websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
9.4 The Seller does not verify the content or monitor order reviews. The Buyer is solely and exclusively responsible for any comments made in the reviews. The Seller is entitled to block reviews, in whole or in part, in accordance with the provisions of law and these Terms and Conditions.
9.5 It is prohibited to post content that contains false, misleading, vulgar, aggressive, offensive, or clearly incompatible with good manners. It is also prohibited to post content that is illegal, infringes the rights of third parties, or constitutes unfair competition.
9.6 The Customer agrees not to post content that contains links to external websites, is promotional or advertising in nature, or contains personal data of third parties. It is also prohibited to post illegal content, in particular content that constitutes an act of unfair competition, etc.
9.7 The Client is responsible for the statements he edits and posts, in particular for violating the rights or property of third parties.
9.8 At the express request of the Customer, the content of the Ratings may be hidden from other users of the Store, but the awarded star rating is included in the overall rating of the Store and the Product.
10. Intellectual Property
10.1 The Customer declares that he or she has no rights, including copyright or related rights, to the Reviews and comments posted by him or her, other than the right to use the Online Store in the manner specified in the Terms and Conditions. The Customer is not entitled to any recording, reproduction, sharing, publicizing, or disseminating of the content, unless such authorization arises from legal provisions or the Terms and Conditions.
10.2 The Customer is not entitled to any interference with the content, in particular he is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
10.3 By posting Ratings in the Online Store, which constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, the Customer grants the Seller a non-exclusive and royalty-free license, unlimited in time and territory, to use these works, along with the right to grant sublicenses to the Seller's Partners, which includes making the work publicly available in such a way that anyone can access it at a place and time of their choosing (Internet). The license is granted for all fields of exploitation known at the time of its granting, in particular the following fields of exploitation:
10.3.1 in the scope of recording and reproducing the work by any technique – in particular printing, reprographic, magnetic recording, digital, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer discs, in multimedia networks, including Internet and related online services, as well as reproduction, recording, use on the Internet, advertising, reproduction of recordings in electronic form in computer memory and in internal and external networks,
10.3.2 use of the work in whole or in part, or any elements thereof, with the possibility of modification resulting from the nature of a given Internet medium – in all publications, in particular online, digital, in bulletins and information, alone or in combination with other works or fragments of works; use in whole or in part for promotion and advertising purposes, in particular in the form of audiovisual, audio and media advertising.
10.3.3 in the scope of trade in the original or copies on which the work was recorded – introduction to trade, lending, rental of the original or copies
10.3.4 within the scope of disseminating the work in a manner other than specified above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time of their choice,
10.3.5 use of works for promotional and marketing purposes;
10.4 Deleting the Account by the Customer or the Ratings in accordance with section 9, point 8, does not affect the validity of the above license.
11. Final provisions
11.1 These Terms of Use are effective from March 4, 2021.
11.2 If any provision of these Regulations is changed or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and shall bind the Seller and the Customer.
11.3 Polish law shall apply to all disputes arising from these Terms and Conditions. Such disputes will be resolved by a competent common court. A Customer who is a Consumer may also use out-of-court complaint and redress procedures. All information regarding out-of-court complaint and redress procedures can be found on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.plAt the same time, we would like to inform you that the indicated procedures are voluntary and must be consented to by both parties.
11.4 Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we hereby inform you that at https://ec.europa.eu/consumers/odr A platform for online dispute resolution between consumers and businesses at EU level (ODR platform) is available. The ODR platform is a website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales or service contract.
Annex 1 – Information on exercising the right of withdrawal
1. The right to withdraw from the contract under the following terms also applies to individuals running a sole proprietorship who make a purchase for a non-professional purpose, i.e., arising in particular from the subject of their business activity, as disclosed under the provisions of the Central Registration and Information on Business. The right to withdraw from the contract under the following terms applies to consumers. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
1.1 in the case of a sales contract, from the day on which you or a third party other than the carrier and indicated by you came into possession of the goods;
1.2 in the case of a contract requiring the transfer of ownership of several items which are delivered separately from the date on which you or a third party other than the carrier and indicated by you acquired possession of the last item;
1.3 in the case of a contract requiring the transfer of ownership of goods delivered in lots or parts, from the date on which you acquired possession of the last lot or part or on which a third party other than the carrier and indicated by you acquired possession of the last lot or part;
1.4 in the case of contracts for the regular delivery of goods for a specified period of time, from the day on which you acquired possession of the first item or on which a third party other than the carrier and indicated by you acquired possession of the first item;
1.5 in the case of contracts for the provision of services or digital content that are not delivered on a tangible medium – from the date of conclusion of the contract.
2. To exercise the right of withdrawal, you must inform us, i.e.: CBD SKIN EXPERT Sp. z o. o., NIP 8133866978, ul. Władysława Warneńczyka 83G/4, 35-612 Rzeszów, biuro@mariog3.pl
of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
3. You can use model withdrawal form, (form) however, this is not mandatory.
4. You can also fill out the Electronic Return Form available on the Online Store website: form
If you use this option, we will immediately send you confirmation of receipt of the information about withdrawal from the contract on a durable medium.
5. In order to meet the withdrawal deadline, it is sufficient for you to send information concerning the exercise of your right to withdraw from the contract before the expiry of the withdrawal deadline.
6. If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to exercise the right to withdraw from this contract. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed to a different solution.
7. In the case of contracts requiring the transfer of ownership of goods, in which we have not offered to collect the Goods in the event of withdrawal from the contract, we are to withhold reimbursement until we receive the goods or until we receive proof of their return, whichever occurs first.
8. Please send the returned item to the following address: CBD SKIN EXPERT Sp. z o. o., NIP 8133866978, ul. Władysława Warneńczyka 83G/4, 35-612 Rzeszów immediately, and in any event no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period. You will have to bear the direct costs of returning the goods.
9. Due to the weight and size of the Goods, in the event of withdrawal from the contract, returning the Goods may involve higher costs than standard postal delivery. If you wish to use courier services, it may be necessary to ship the item on a pallet, which is more expensive than standard postal delivery.
