• Terms & Conditions

Terms & Conditions


REGULATIONS OF THE EUHERBS ONLINE STORE

https://euherbs.com/

These Regulations set out the terms and conditions for using the Online Store operated at https://euherbs.com/, the rules for concluding sales agreements, and the rights and obligations of the parties.

§ 1 DEFINITIONS

For the purposes of these Regulations, the following definitions shall apply:

  1. Seller – Maxibuy Group Bohdan Liubynetskyi, registered in CEIDG, NIP: 6793354781, REGON: 543794703, ul. Telimeny 17, 30-838 Kraków; e-mail: info@euherbs.com.

  2. Online Store – the website available at www.euherbs.com, through which the Seller offers Goods.

  3. Customer – any natural person (including a Consumer and an Individual Entrepreneur), legal person, or organizational unit using the Store.

  4. Consumer – a natural person performing a legal transaction not directly related to their business or professional activity (Article 22¹ of the Civil Code).

  5. Individual Entrepreneur – a natural person entering into an agreement directly related to their business activity, provided that the content of the agreement indicates that it is not of a professional nature for that person.

  6. Entrepreneur – any entity conducting business or professional activity and making a purchase in connection with such activity, other than a Consumer or an Individual Entrepreneur.

  7. Goods – a product offered in the Online Store and covered by a Sales Agreement.

  8. Sales Agreement – a distance agreement concluded between the Customer and the Seller under the terms of these Regulations.

  9. Customer Account – the Customer's individual account in the Online Store.

  10. Business Days – days from Monday to Friday, excluding statutory public holidays in Poland.

§ 2 GENERAL PROVISIONS

  1. The Store conducts retail sales. Resale of purchased Goods without the Seller's written consent is prohibited.

  2. All rights to the Store, including copyrights to the name, domain, graphic design, logos, and photographs, belong to the Seller. Copying or using them without the Seller's consent is prohibited.

  3. The Customer is obliged to use the Store in accordance with the law, good practices, and these Regulations, and not to provide false information.

  4. The Seller reserves the right to cancel orders: (a) showing signs of wholesale purchasing or intended resale; (b) placed using automated tools (bots); (c) giving rise to a justified suspicion of activity contrary to these Regulations – without liability towards a Customer who is not a Consumer.

  5. The Seller shall not be liable for disruptions in the operation of the Store caused by force majeure, technical infrastructure failures, or actions of third parties.

  6. Minimum technical requirements: a current version of a web browser (Chrome, Firefox, Safari, Edge), enabled JavaScript and cookies, Internet access, and an active e-mail account.

§ 3 CUSTOMER ACCOUNT AND REGISTRATION

  1. Registration of a Customer Account is free of charge and is not required to place an order.

  2. The Customer is obliged to provide accurate information and keep it up to date. The Customer shall be liable for any damage resulting from providing inaccurate information.

  3. The Customer is obliged to keep their login credentials confidential. The Seller will never request the Customer's password.

  4. The Seller may block or delete a Customer Account in the event of a breach of these Regulations, suspicion of unlawful activity, or a security threat, without liability on this account.

  5. The Customer may request deletion of the Customer Account at any time electronically.

§ 4 ORDERS AND CONCLUSION OF THE AGREEMENT

  1. Information about Goods on the Store's website constitutes an invitation to conclude an agreement (not an offer) within the meaning of Article 71 of the Civil Code.

  2. Orders may be placed via the website or by e-mail, 7 days a week, 24 hours a day.

  3. The Sales Agreement is concluded when the Seller sends confirmation of acceptance of the order to the Customer's e-mail address.

  4. The Seller is entitled to refuse to process an order or cancel an accepted order in the event of: (a) unavailability of the Goods; (b) incorrect information provided by the Customer; (c) failure to make payment on time; (d) a justified suspicion of fraud – with a refund of the funds paid and without any further liability of the Seller.

  5. The Seller reserves the right to limit the number of units of a particular Good per order.

  6. The Seller may require payment of a deposit or full prepayment, in particular for high-value Goods or orders with international delivery.

§ 5 PRICES AND PAYMENTS

  1. Prices displayed on the Store's website are stated in Polish zloty (PLN) or another currency indicated on the website. Prices do not include delivery costs or any applicable customs duties and taxes.

  2. The Seller reserves the right to change the prices of Goods and to organize or cancel promotions. Price changes do not apply to orders that have already been placed and confirmed.

  3. Available payment methods: bank transfer, payment card, fast electronic payments, cash on delivery (only for domestic deliveries), and installment payments – in accordance with the options currently available on the website.

  4. Payment deadlines: advance payment by bank transfer – up to 5 Business Days; advance payment by card/fast transfer – up to 3 Business Days from placing the order.

  5. Failure to make payment within the deadline entitles the Seller to withdraw from the Sales Agreement (Article 492 of the Civil Code) and cancel the order.

  6. The Seller issues a VAT invoice or fiscal receipt. An invoice may be sent electronically to the indicated e-mail address.

  7. In the case of transactions subject to the split payment mechanism in accordance with VAT regulations, the Customer will be informed accordingly.

§ 6 DELIVERY

  1. The Seller provides domestic and international deliveries (including EU countries, the USA, and Canada). The current list of countries and delivery costs are available on the Store's website.

  2. The order processing time is calculated from the date payment is credited (for advance payments) or from the date the order is placed (for cash-on-delivery payments) and is indicated for each Good.

  3. The risk of loss or damage to the Goods passes to the Customer when the shipment is handed over to the courier (Article 548 of the Civil Code), except for Consumers, for whom the risk passes when they take possession of the Goods.

  4. The Customer is obliged to inspect the shipment upon delivery. If any damage is found, the Customer should prepare a damage report in the presence of the courier.

  5. For deliveries outside the EU (including the USA and Canada), the Customer is solely responsible for all customs duties, import taxes, and other charges arising under the laws of the destination country. The Seller shall not be liable for delays resulting from customs clearance or for any returns resulting from the customs authority's refusal to accept the shipment. The declared value of the shipment corresponds to the actual value of the Goods.

  6. The Seller shall not be liable for delivery delays caused by the carrier, force majeure, or circumstances attributable to the Customer.

§ 7 COMPLAINTS – NON-CONFORMITY OF THE GOODS WITH THE AGREEMENT

A. Consumers and Individual Entrepreneurs

  1. The Seller shall be liable for the lack of conformity of the Goods with the Sales Agreement in accordance with the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended) and the Civil Code.

  2. A complaint should be submitted by e-mail to info@euherbs.com or in writing to the Seller's address, specifying: the Customer's details, order number, description of the non-conformity, and the requested remedy (repair, replacement, price reduction, or withdrawal from the agreement).
    The Goods subject to the complaint should be sent to: Bohdan Liubynetskyi, ul. Telimeny 17/62, 30-838 Kraków.

  3. The Seller shall consider the complaint within 14 days of receiving it. Failure to respond within this period means that the complaint is deemed accepted.

  4. The cost of delivering the Goods subject to the complaint to the Seller shall be borne by the Seller (or reimbursed after the complaint has been accepted).

B. Entrepreneurs (B2B)

  1. The Seller's liability under statutory warranty (rękojmia) towards Customers who are Entrepreneurs (other than Individual Entrepreneurs) is excluded pursuant to Article 558 § 1 of the Civil Code.

  2. Any liability for damages of the Seller towards Entrepreneurs (B2B) is limited exclusively to cases of intentional damage and to the amount of the actual losses incurred, not exceeding the value of the order.

  3. The Seller shall not be liable towards Entrepreneurs (B2B) for lost profits, indirect damages, or damages resulting from force majeure.

§ 8 WARRANTY

  1. Goods may be covered by a manufacturer's or distributor's warranty. Information about the warranty is provided in the description of the Goods.

  2. The warranty is an entitlement independent of the rights available to the Consumer due to the non-conformity of the Goods with the Agreement and does not limit such rights.

  3. Detailed warranty terms are set out in the warranty document included with the Goods or available on the manufacturer's website.

§ 9 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

A. Withdrawal Period and Procedure

  1. A Consumer and an Individual Entrepreneur may withdraw from the Sales Agreement without giving any reason within 14 days from the date of taking possession of the Goods.

  2. The withdrawal statement should be submitted by e-mail to info@euherbs.com or via the withdrawal form available on the Store's website (APPENDIX NO. 1 – TEMPLATE WITHDRAWAL FORM available for download at: https://euherbs.com/upload/Application.doc). To meet the deadline, it is sufficient to send the withdrawal statement before the deadline expires.

  3. The Consumer is obliged to return the Goods immediately, no later than within 14 days of submitting the withdrawal statement. The Goods should be sent to the returns address: Bohdan Liubynetskyi, ul. Telimeny 17/62, 30-838 Kraków. The Goods should be returned in an unchanged condition, unless the change was necessary to establish their nature and functionality.

  4. The direct costs of returning the Goods shall be borne by the Customer, unless the Seller has agreed to cover them.

  5. The Seller shall refund all payments (excluding additional delivery costs exceeding the cheapest available delivery option) within 14 days of receiving the withdrawal statement or proof of returning the Goods, whichever occurs earlier.

  6. The Customer shall be liable for any reduction in the value of the Goods resulting from handling them beyond what is necessary to establish their nature and characteristics.

B. Exclusions from the Right of Withdrawal

The right of withdrawal does not apply to agreements concerning:

  1. Goods manufactured according to the Customer's individual specifications or intended to satisfy the Customer's individualized needs;

  2. Goods delivered in sealed packaging which cannot be returned after opening for reasons of health protection or hygiene, if the packaging has been opened;

  3. Audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened;

  4. Digital content supplied on a non-material medium, if performance has begun with the Customer's express consent, after the Customer has been informed that they will lose the right of withdrawal;

  5. Items which, after delivery, have been inseparably combined with other items;

  6. Services that have been fully performed by the Seller with the Customer's express consent, after the Customer was informed prior to performance that they would lose the right of withdrawal.

C. Customers Outside the European Union (USA, Canada and Other Countries)

Consumers whose registered office or place of residence is outside the European Union do not have a statutory right of withdrawal under Polish or EU law, unless the local law of the Customer's country provides for such a right.

The Seller voluntarily allows such Customers to return Goods in an undamaged condition within 14 days, at the Customer's expense, provided that the Customer contacts the Seller in advance and obtains return authorization (RMA).

§ 10 LIMITATION OF LIABILITY

  1. To the maximum extent permitted by law (in particular with respect to B2B Customers), the Seller excludes its liability for: interruptions in the operation of the Store, errors in technical data concerning Goods originating from manufacturers, delivery delays caused by carriers, and damage resulting from force majeure.

  2. The Seller's total liability towards Entrepreneurs (B2B), regardless of the legal basis, is limited to the value of the order to which the claim relates. Liability for lost profits is excluded.

  3. The Store's website may contain links to external services. The Seller shall not be liable for content available on external services.

  4. The provisions of paragraphs 1–2 do not limit Consumers' rights arising under Polish and EU law.

§ 11 PERSONAL DATA PROTECTION (GDPR)

  1. The Seller is the controller of Customers' personal data (the details specified in § 1 point 1). Detailed information on data processing is contained in the Privacy Policy available on the Store's website.

  2. Personal data is processed for the purpose of fulfilling orders (Article 6(1)(b) GDPR), complying with legal obligations (point (c)), and pursuing the Seller's legitimate interests, including the enforcement of claims (point (f)).

  3. The Customer has the right to access their data, rectify it, erase it, restrict its processing, transfer the data, and object to processing. Requests should be sent to: info@euherbs.com.

  4. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office (PUODO).

  5. Data may be transferred to data processors (payment operators, courier companies, hosting providers), including entities outside the EEA, provided that appropriate data protection mechanisms are in place.

§ 12 FREE SERVICES

  1. The Seller provides the following free services: contact form, newsletter (with consent), Customer Account management, and the ability to post reviews.

  2. The Customer may cancel free services at any time (e.g. by unsubscribing from the newsletter or deleting the Account).

  3. The Seller reserves the right to modify or discontinue free services after prior notification to Customers.

§ 13 PROVISIONS CONCERNING FOREIGN CUSTOMERS

A. Customers from the European Union

Consumers residing in EU countries benefit from the protection provided by Polish and EU law (consumer directives). To the extent that the law of the Consumer's country of residence provides greater protection than Polish law, the mandatory provisions of that country's law shall apply.

EU Online Dispute Resolution (ODR) platform:
http://ec.europa.eu/consumers/odr/

B. Customers from the United States (USA)

These Regulations do not create any rights under US state or federal law that are not expressly granted by these Regulations. The Seller provides no implied warranties under US law beyond those expressly stated in these Regulations.

Customers from the USA acknowledge that the transaction is carried out by an entity registered in Poland and is primarily subject to Polish law. Returns of Goods by Customers from the USA require prior authorization (RMA) and are made at the Customer's expense.

C. Customers from Canada

The Seller does not guarantee that the Goods comply with the requirements of Canadian federal or provincial law. Customers from Canada are responsible for checking the admissibility of importing the purchased Goods. Returns of Goods by Customers from Canada require prior authorization (RMA) and are made at the Customer's expense.

§ 14 TERMINATION OF SERVICE AGREEMENTS

  1. The Customer Account service agreement may be terminated at any time without giving a reason by submitting the relevant statement electronically.

  2. The Seller may terminate the Customer Account service agreement with 14 days' notice or with immediate effect in the event of a serious breach of these Regulations.

  3. Termination of the Customer Account agreement does not affect the rights and obligations of the parties arising from concluded Sales Agreements.

§ 15 FINAL PROVISIONS

  1. Polish law shall govern the Sales Agreement and these Regulations. The choice of Polish law does not deprive the Consumer of the protection granted by mandatory provisions of the law of the country of their habitual residence.

  2. The court having jurisdiction over disputes with the Seller shall be the court competent for the Seller's registered office in Kraków, subject to provisions on exclusive jurisdiction and consumer protection.

  3. The Consumer may use out-of-court dispute resolution methods: Trade Inspection (www.uokik.gov.pl), the permanent arbitration court at WIIH in Kraków, and the ODR platform (ec.europa.eu/consumers/odr). The Seller declares its willingness to participate in out-of-court proceedings.

  4. The Seller reserves the right to amend these Regulations. The Seller shall inform Customers of any amendment at least 7 days in advance electronically. Orders placed before the amendment date shall be processed under the previous version of the Regulations.

  5. If any provision of these Regulations is or becomes invalid, the remaining provisions shall remain in force. The invalid provision shall be replaced by a legally compliant provision that most closely corresponds to its purpose.

  6. Agreements with Customers are concluded in Polish, and in the case of foreign Customers, an agreement may be concluded in English if the Seller provides a translation.

  7. The current version of these Regulations is always available at:
    https://www.euherbs.com/regulamin.