Terms and conditions

Puerh.pl - The Other Side of Tea / Terms and conditions

PUERH.PL ONLINE SHOP – TERMS AND CONDITIONS

The Collector of your data is Fundacja Laja, registered in Cieszyn, Zamkowa 3abc, entered into the Commercial Register under the KRS number 0000414883, whose registration files are maintained by the District Court in Bielsko-Biała, VII Commercial Department of the National Court Register, NIP (Tax Identification Number): 5482659236, REGON (National Business Registry Number): 242890354. Your data is protected in accordance with the requirements of applicable law regulations and it is stored on secured servers.

GENERAL SALES CONDITIONS FOR DISTANCE CONTRACTS

  1. These Terms and Conditions constitute an integral part of the sales contract for the products offered by Fundacja Laja, with its registered seat in Cieszyn, 43-400, Zamkowa 3abc, entered into the Commercial Register under the KRS number 0000414883, whose registration files are maintained by the District Court in Bielsko-Biała, VII Commercial Department of the National Court Register, NIP (Tax Identification Number): 5482659236, REGON (National Business Registry Number): 242890354, and they define the terms and conditions of the sale of its products.
  2. The products are sold by means of the Internet, between the person placing an order via the online shop Puerh.pl, hereinafter referred to as the Customer, and Fundacja Laja, hereinafter referred to as the Seller.
  3. The products can be purchased by any natural person, legal person, or an unincorporated organisation registered in the online shop Puerh.pl.
  4. The Customers who wish to purchase a product offered by the online shop Puerh.pl must read these Terms and Conditions.
  5. The objects sold by the online shop Puerh.pl are the products presented on the shop’s website.
  6. All the products offered by the online shop Puerh.pl are brand new, free from any physical or legal defects, and have been legally introduced into the Polish market.
  7. The Seller is obliged to supply objects free from any defects in accordance with the provisions of Articles 556 and 556.1–556.3 of the Act of 23 April 1964 of the Polish Civil Code (Journal of Laws 2014, consolidated text, item 121, as amended).
  8. The prices of all the products presented on the website of the online shop Puerh.pl are given in PLN or EUR and they are gross prices. The gross price for a product does not include the shipping cost.
  9. The Seller regularly updates the product offer presented on the website of the online shop Puerh.pl.
  10. The methods of payment for an order are the following:
    – via wire transfer to the Seller’s bank account, before the delivery (prepayment),
    – upon delivery (only in the territory of Poland),
    – via the PayPal system (after receiving a confirmation from PayPal).
  11. By accepting these Terms and Conditions, the Customer purchasing the offered products agrees to receive electronic invoices issued by the Seller pursuant to the Regulation of the Polish Minister of Finance of 14 July 2005 concerning the issuing and sending of invoices in the electronic form and storing the invoices and making them available to tax authorities or tax control authorities (Journal of Laws 2004, no. 133, item 1119) and in accordance with the rules of issuing, sending, and storing electronic invoices.
  12. The Customer’s acceptance does not exclude the Seller’s right to issue and send invoices in the paper form.
  13. The Seller issues and sends electronic invoices, guaranteeing the authenticity of their origin and the integrity of their contents.
  14. Electronic invoices will be delivered to the Customer by electronic mail, to the email address provided by the Customer in the registration form. The Customer is obliged to inform the Seller about the changes in their email address, in the written or electronic form. If the Customer does not inform the Seller about the changes in their email address, all the messages sent to the previously given email address will be considered as correctly delivered.
  15. Orders can be placed by means of the website of the online shop. To place an order, the Customer must register an account on the website www.puerh.pl and accept these Terms and Conditions. Orders can also be placed by means of electronic mail, by sending a message to the following email address: info@puerh.pl, after the previous acceptance of this form of order placement by the Seller.
  16. A registered user may do the following:
    – purchase products offered by the online shop Puerh.pl,
    – receive individual discounts for the purchased products,
    – take part in special promo offers and contests,
    – write reviews of the products, which do not have to be moderated and accepted by the Seller.
  17. After registering a new account, the Customer will receive a hyperlink to activate the account to the provided email address. The account activation enables the Customer to log in to the system.
  18. To register a new account correctly, the Customer must fill in all the fields in the registration form which contain the data required to open a new customer account.
  19. Upon registering a new user account, the Customer should:
    – agree to place their contact details in the Puerh.pl database and to process them in accordance with the Act of 29 September 1997 on the protection of personal data (Journal of Laws, no. 133, item 883). The data will be used solely for the purpose of the performance of this contract by the Seller,
    – accept the provisions of these Terms and Conditions of the online shop Puerh.pl,
    – the Customer may also agree to receive information about new promotions and arrivals.
  20. The Customer is not obliged to provide their personal data in the registration form but this is necessary in order to carry out the transaction with the Seller. The Customer has the right to access their personal data, to alter it, and to remove it.
  21. The Customer will be informed about any changes in these Terms and Conditions upon the first log-in after the changes are enforced. In order to accept the changes in the Terms and Conditions, the Customer must confirm the message on the log-in webpage on the Puerh.pl website by clicking. The refusal to accept the changes in the Terms and Conditions means that the Customer signs off the Puerh.pl service, with the reservation that the Customer continues the completion of the transactions which were entered into before the termination of the contract, based on the provisions of the Terms and Conditions which were in force on the day of initiating these transactions. The changes in the Terms and Conditions do not affect the rights acquired by the users of the Puerh.pl service.
  22. The changes in the Terms and Conditions take effect no sooner than after 7 days from the date of the publication of the new Terms and Conditions on the Puerh.pl website, with the reservation that the transactions initiated before the introduction of the changes are continued based on the previous Terms and Conditions. In order to accept the changes in the Terms and Conditions, the Customer must confirm the message on the log-in webpage on the Puerh.pl website by clicking.
  23. In order to buy a product in the online shop Puerh.pl, click the selected product and order it.
  24. An order is valid for 10 days. If the Customer does not contact the Seller within this period, the order is automatically cancelled.
  25. These Terms and Conditions enter into force on the day of 22 August 2019.

SHIPPING

  1. The delivery prices are given in the shipping cost list.
  2. We send the package within 5 working days, counted from the date of the payment registration on the Seller’s bank account (this does not refer to the orders placed in the pre-sale mode).
  3. The ordered products will be sent to the Customer by means of the Polish Post. The products can be also collected by the Customer at the Seller’s office.
  4. In the case of payment methods other than upon delivery, the shipping time is prolonged by the time between the order placement and the date of registering the payment on the Seller’s bank account.
  5. Shipping terms:
    – The shipment is made by means of the Polish Post.
  6. Shipping costs:
    PLN 13 – shipping to Poland (economy package up to 1 kg, size A)
    PLN 36 – shipping to Europe (up to 0.5 kg)
    PLN 48 – shipping outside Europe (up to 1 kg)
    Prices for non-standard packages will be set individually.

COMPLAINTS

  1. For the complaint to be accepted, the Customer must provide a proof of purchase of the product.
  2. In the case of the nonconformity of the product with the sales contract the Customer must send the product back to the shop, accompanied by a description of the nonconformity.
  3. The Seller will address the Customer’s complaint within 14 working days of the return of the product accompanied by a description of the nonconformity.
  4. If the complaint is justified and results in a delivery of a new product to the Customer or with a removal of a defect or fault, the shipping cost will be incurred by the Seller.
  5. Individual computer and monitor settings of the Customer which result in an incorrect or distorted display of information about goods (e.g. related to their colours) will not constitute grounds for complaints.

WITHDRAWAL FROM THE CONTRACT

  1. The Customers who have entered into the distance contract can withdraw from it in writing without specifying a reason within 14 days from the day of delivering the product. The declaration of withdrawing from the contract must be sent to the following address: Fundacja Laja, Zamkowa 3abc, 43-400 Cieszyn, Poland; or sent to the following email address: info@puerh.pl.
  2. The product must be sent back in its unaltered state immediately after submitting the declaration of withdrawing from the contract, no later than within 14 days.
  3. The costs of returning the product directly to the Seller following the declaration of withdrawing from the contract without specifying a reason within 14 days from the day of delivering the product will be incurred by the Customer.
  4. If the shipping method chosen by the Customer has not been the regular cheapest option offered by the Seller, the Seller is not obliged to return the additional shipping costs to the Customer.

INTELLECTUAL PROPERTY

  1. It is strictly prohibited to copy and use any of the materials published on the shop’s website, including but not limited to photographs, product descriptions, the shop’s name, and the trade marks of the Seller and the goods’ producers, including their graphic elements, without the prior written consent of the shop’s owner – the Seller.

PRIVACY POLICY

Information obligation – Information on the purposes and rules of the processing of the Customers’ personal data.

The personal data provided by the Customers, in accordance with Article 26.1 of GDPR, is controlled by: Fundacja Laja, with its registered seat in Cieszyn, 43-400, Zamkowa 3abc, entered into the Commercial Register under the KRS number 0000414883, NIP (Tax Identification Number): 5482659236, REGON (National Business Registry Number): 242890354.

You can contact us:
– by sending an email to the following address: info@puerh.pl,
– by filling in the contact form on our website: www.puerh.pl,
– by writing to the address of our office: Fundacja Laja, Zamkowa 3abc, 43-400 Cieszyn, Poland

We process your data in the following manner:

  1. On the basis of the necessity of entering into and performing the contract:
    – to take steps at the Customer’s request before entering into the contract, i.e. negotiating, offer preparation, data verification – legal basis: Article 6.1b of GDPR;
    – to enter into and perform the contract – legal basis: Article 6.1b of GDPR;
  2. On the basis of the legal obligation of the controller:
    – to comply with legal obligations, i.e. issuing and storing invoices within the period specified by applicable law – legal basis: Article 6.1c of GDPR;
  3. On the basis of the processing of personal data necessary to pursue the controller’s legitimate interests:
    – to determine, defend, and demand claims – legal basis: Article 6.1f of GDPR;
    – to organise direct marketing for the duration of the contract period, within the limits of the controller’s legitimate interests – legal basis: Article 6.1f of GDPR.

Who can be the recipient of your personal data?

The Customer’s personal data can be transferred to other entities which process the data at the Seller’s request, including but not limited to the entities which cooperate with Puerh.pl (Fundacja Laja) in the performance of services related to data processing in IT systems, the entities which process the data for the purposes of accounting services, the entities which monitor the website, and the entities which coordinate the shipping of goods, marketing services, etc. – with the reservation that these entities will process the data based on a mutual agreement and only within the scope specified in the Seller’s request. For the abovementioned purposes, pursuant to the provisions of particular agreements, the Seller will transfer the data both within the countries which form the European Union and in the countries outside the European Economic Area.

How long are we going to store your personal data?

The Customer’s personal data will be stored for the duration of the contract and until the period of limitation has expired for all claims from the contract or until the period of the obligation of personal data storage has expired, in accordance with relevant provisions, in particular the obligation of storing accounting documents connected with the contract.

The Customer’s personal data will no longer be processed for direct marketing purposes immediately upon the Customer’s objection to data processing in this respect.

What are your rights in relation to the processing of your personal data?

The Customer can always ask the Seller to be granted access to their personal data. The Customer can also exercise their right to rectify, remove, or restrict their personal data at any time:
– within the scope of processing of the Customer’s personal data based on the controller’s legitimate interests, the Customer has the right to object to the processing of their personal data;
– within the scope of processing of the Customer’s personal data, the Customer can withdraw their consent at any moment; the withdrawal will not affect the compliance with the right to process personal data exercised by the Seller prior to the withdrawal of the consent;
– within the scope of processing of the Customer’s personal data for the purposes of entering into and performing the contract or on the basis of the consent, the Customer has the right to transfer their personal data, i.e. to receive their personal data from the Seller, in a structured, commonly used, and machine-readable format .csv or .xml; the Customer has the right to send this data to another personal data controller;
– the Customer has the right to lodge a complaint with the competent personal data supervisory authority (legal basis: Article 13.2d of GDPR). In order to exercise the abovementioned rights, the Customer can contact the customer service or personal data protection inspector.

To do this, contact the shop directly at: info@puerh.pl.

How do we process your data?

Some decisions related to the processing of the Customers’ personal data may be automated. Such decisions may concern automated adjusting of the offer to the Customer (including profiling), using the data related to their visits, realised and rejected purchases, product preferences, demographic data, IP address, and forms of payment.

In the case of these decisions, the Customer has the right to question them, to express their stance, and to seek intervention of the shop’s employees in this respect – legal basis: Article 13.2f of GDPR.

Is providing your personal data obligatory?

We need your personal data to conclude and perform this contract. It is impossible to conclude and perform this contract without your personal data.

To find out more on this subject, consult the GDPR guide available on the website of the Polish Ministry of Digital Affairs: https://www.gov.pl/cyfryzacja/rodo-informator.

COOKIES POLICY

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– to increase the quality of our services;
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