Términos de Servicio

STORE REGULATIONS

Below are the terms and conditions (“Terms and Conditions”) regarding the sale of our products (“Products”) offered in our online store (“Online Store”, “Store”), and regarding the provision of services related to electronic sales, in particular the newsletter service (“Newsletter”) and the account service (“Account”). Please read these Terms and Conditions carefully, as well as our Privacy Policy.

Our Terms and Conditions contain the following information:

I. About Us II. Definitions III. General Provisions IV. Rules of Use of the Online Store V. Account VI. Promotional Offers VII. Procedure for Concluding a Sales Agreement VIII. Delivery IX. Prices and Payment Methods X. Right to Withdraw from the Agreement XI. Complaints Regarding Products XII. Complaints Regarding the Provision of Services by Electronic Means XIII. Newsletter Rules XIV. Processing of Personal Data XV. Final Provisions


I. ABOUT US

The official distribution representative in Poland and the online store Charismoeu.com is JDG Poliakova Tetiana, woj. MAŁOPOLSKIE, pow. Kraków, gm. Kraków, miejsc. Kraków, pl. Plac Wolnica, nr 13, lok. 10, kod 31-060, REGON: 542548126, NIP: PL6793339801, e-mail: charismopolska@gmail.com (hereinafter “Charismoeu.com” as the “Seller”).


II. DEFINITIONS

The terms used in these Regulations have the following meanings:

  1. Account – a website in the Online Store where the Customer, after registering and logging in, can: place orders for Products, view the history of previous purchases, access their personal data and change it;
  2. Consumer – any natural person who concludes a legal transaction with an entrepreneur that is not directly related to their commercial or professional activity;
  3. Civil Code – the Act of 23 April 1964 – Civil Code (Journal of Laws of 2020, item 1740, i.e. item 1145, as amended);
  4. Sales Agreement – the agreement for the sale of Products, concluded between Charismoeu.com and the Customer through the Store website;
  5. Customer – a natural person, legal entity or organizational unit without legal personality with full legal capacity, to whom special provisions grant legal capacity, who places an Order in the Store;
  6. Products (or Goods) – products available in the Online Store, which are the subject of the Sales Agreement. It is also noted that the Products are not medicinal products within the meaning of Art. 2, point 32 and subsequent provisions of the Act of 6 September 2001 – Pharmaceutical Law (Journal of Laws of 2021, 1977, consolidated text).
  7. Online Store (Store) – the online store available at www.charismoeu.com/pl, where the Customer can, in particular, place orders, and which provides other services offered by the Seller;
  8. Order – the Customer’s declaration of will, directly aimed at concluding a Sales Agreement, which specifies, in particular, the type and quantity of the Product;
  9. Membership – a sales system that involves a commitment to periodically purchase Products and consists of the automatic extension of this period;
  10. Regulations – these Regulations for the sale of Products in the Online Store using means of distance communication and the provision of services by electronic means through the Online Store www.charismoeu.com. These Regulations are regulations within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended and supplemented).

III. GENERAL PROVISIONS

  1. These Regulations define the rules of use of the Online Store available at www.charismoeu.com.
  2. The Online Store available at www.charismoeu.com is operated by the Seller.
  3. These Regulations, in particular, define:
    • web browser: Internet Explorer, Chrome, Firefox, Safari or Opera.
    • the rules for placing Orders in the Online Store electronically;
    • the rules for concluding Sales Agreements regarding services provided within the Online Store;
    • the principles of operation of the Newsletter and the Account.
  4. Use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
  5. To use the Online Store, the Customer must independently obtain access to a computer workstation or terminal device with an Internet connection.
  6. Customers may access these Regulations at any time via the link placed on the main page of the Online Store www.charismoeu.com.

IV. RULES OF USE OF THE ONLINE STORE

  1. Only a person who has full legal capacity (of legal age and not legally incapacitated) is entitled to conclude a binding contract, use the Online Store and purchase Products.
  2. The Seller may deprive the Customer of the right to use the Online Store, as well as limit their access to some or all of the resources of the Online Store with immediate effect in the event of the Customer’s violation of the provisions of the Regulations, and in particular, if the Customer:
    • has provided false, inaccurate or outdated data, misleading data, or data that violates the rights of third parties during registration in the Online Store;
    • engages in other behavior that is contrary to applicable law or general principles of using the Internet, or which damages the good reputation of the Seller.
  3. In order to ensure the security of message and data transmission in connection with the services provided in the Online Store, the Seller takes technical and organizational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the unauthorized collection and unauthorized modification of personal data transmitted online.
  4. The Customer undertakes, in particular:
    • not to provide or transmit content prohibited by law, for example, content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
    • to use the Online Store in such a way that it does not interfere with its operation, in particular by using special software or devices;
    • not to take such actions as: sending or posting unsolicited commercial information (spam) in the Online Store,
    • to use the Online Store in such a way as not to cause inconvenience to other Customers,
    • to use all content posted in the Online Store only for personal use,
    • to use the Online Store in accordance with the provisions of applicable law, the provisions of the Regulations, as well as the general principles of using the Internet.
  5. The Seller uses cookies on its website. The Customer may specify the conditions for storage or access to cookies in their web browser. Information about cookies is contained in the Privacy Policy.
  6. The Online Store website also allows you to communicate with the Seller. To do so, please send an e-mail to: charismopolska@gmail.com.

V. ACCOUNT

  1. Customers may create an account on the Store website. Creating an account is voluntary and free, but may be necessary if the Customer wishes to access certain content, benefits and functions of the Store, in particular the Membership and Rewards Program.
  2. To create an Account, the Customer fills in the registration form provided by the Seller on the Store website at www.resq.pl, and sends the completed registration form to the Seller electronically by clicking the “REGISTER” button. During registration, the Customer sets a unique password. Before creating an Account, the Customer must read and accept the Terms and Conditions and the Privacy Policy.
  3. After sending the completed registration form to the Seller, the Customer receives a confirmation by e-mail containing all necessary information regarding the Account.
  4. The agreement for the provision of electronic Account services is considered concluded upon the Customer’s receipt of the confirmation e-mail referred to above.
  5. The Customer may delete their Account at any time by sending a request to delete the account to charismopolska@gmail.com.
  6. The Seller may block the Account at any time if it is convinced that the Customer is not complying with any of the provisions of the Regulations.
  7. The Seller has the right to delete the Account, including the deletion of all data contained therein, at any time, for any reason, with or without prior notice to the Customer.

VI. PROMOTIONAL OFFERS


VII. PROCEDURE FOR CONCLUDING A SALES AGREEMENT

  1. To place an Order in the Online Store and conclude a Sales Agreement, you need to select a Product from the Seller’s current offer. The selection is made by clicking the link to the Product, and then the “Add to Cart” button. After clicking the “Add to Cart” link, summary information about the selected Products will be presented.
  2. If the Seller offers the possibility of purchasing Products under Membership, the Customer, before clicking the “Add to Cart” button, decides whether they want to purchase Membership for the Product by selecting the “Subscribe and save” button, or whether they want to make a one-time purchase of the Product by selecting the “Buy once and test” button.
  3. Please place your order by clicking the “Add to Cart” button.
  4. Next, carefully enter your personal data in accordance with the field names in the form. At this stage, the Customer may register on the website www.charismoeu.com by selecting the appropriate option and entering a password. Registration is necessary to purchase Products with Membership.
  5. You must choose a payment method by selecting the appropriate option, and accept the Terms and Conditions of the Online Store, as well as consent to the processing of your personal data.
  6. Clicking the “BUY AND PAY” button is the final confirmation of the order, and the entered data and selected options will no longer be subject to change.
  7. The Customer’s submission of an Order is a declaration of intent to conclude a Sales Agreement with the Seller in accordance with its provisions and the provisions of the Regulations.
  8. After placing an Order, the Customer receives a confirmation by e-mail containing the final confirmation of all essential elements of the Order.
  9. The agreement is considered concluded upon the Customer’s receipt of the above-mentioned e-mail.
  10. The Sales Agreement is concluded in Polish or English, and its provisions comply with the Order and the Regulations.

VIII. DELIVERY

  1. Delivery of Products is limited to the territory of the Republic of Poland and selected countries of the European Union, and will be made to the address indicated by the Customer when placing the Order.
  2. Delivery is carried out by the courier company Inpost and DHL.
  3. The cost of delivery will be indicated when placing the order and is not included in the price of the goods.
  4. The Order processing time within the territory of the Republic of Poland is up to 1–3 business days, and in selected countries of the European Union – up to 1–3 business days from the date of dispatch of the Order by the Customer and payment, unless a different period is indicated in the description of the Product or when placing the Order.
  5. The essential provisions of the Sales Agreement for goods are recorded, protected, made available and confirmed to the Customer by sending a printout of the confirmation, order specification and VAT invoice to the e-mail address indicated by the Customer, as well as by attaching a printout of the confirmation, order specification and VAT invoice to the shipment containing the Products.

IX. PRICES AND PAYMENT METHODS

  1. Product prices are indicated in Polish złoty (PLN) and euro (EU) and include VAT (the indicated rate), but do not include the cost of delivery, which is paid additionally and specified during the transaction.
  2. The Customer has the option to pay the price:
    • via the Stripe online electronic payment system;
    • via the ApplePay electronic online payment system;
    • by direct transfer to the bank account and simultaneously sending an e-mail to: charismopolska@gmail.com with information about the transfer.

Transfer details are provided separately.


X. RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The Consumer has the right to withdraw from the Sales Agreement within 30 days without giving any reason.
  2. The deadline for withdrawal from the Agreement expires 14 days from the date on which the Customer took possession of the Product or on which a third party other than the carrier and indicated by the Customer took possession of the Product.
  3. To exercise the right to withdraw from the Agreement, the Customer must inform the Seller of their decision to withdraw from the Sales Agreement electronically at charismopolska@gmail.com by means of a clear statement. The statement of withdrawal from the Agreement may also be submitted in writing using the form attached as Appendix 1 to these Terms and Conditions.
  4. To meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Customer to send information regarding the exercise of the right to withdraw from the Sales Agreement before the expiry of the withdrawal period.
  5. In the event of withdrawal from the Sales Agreement, the Seller shall promptly and in any event no later than within 14 business days from the date of receipt by the Seller of the return shipment, refund to the Buyer all payments received, including the costs of delivery of the Product (except for additional costs resulting from the Buyer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller).
  6. The Seller will refund the funds using the same payment method that the Customer used in the original transaction, unless the Customer expressly agrees otherwise; in any case, the Customer will not bear any fees as a result of the refund.
  7. The Customer is obliged to return the Product to the Seller no later than 14 days from the date of withdrawal from the Sales Agreement. To meet this deadline, it is sufficient to return the Product before its expiration date. The Customer bears only the direct costs of returning the Product.
  8. The return shipping address will be provided by the seller electronically at charismopolska@gmail.com.

XI. COMPLAINTS REGARDING PRODUCTS

  1. The Seller is obliged to deliver a Product that complies with the Sales Agreement and is free from defects.
  2. The Seller is liable to the Consumer under warranty for defects to the extent and on the terms specified in the Civil Code, in particular in Article 556 and subsequent articles of the Civil Code.
  3. If the Consumer claims that any of the delivered Products is defective, they have the right to submit a claim.
  4. Complaints arising in connection with the violation of consumer rights guaranteed by law or these Regulations should be sent by e-mail to charismopolska@gmail.com.
  5. If the Product has defects, the Consumer may, in accordance with the conditions set out in the Civil Code, submit a statement of price reduction or withdrawal from the Agreement, if the Seller does not promptly and without undue inconvenience to the Consumer replace the defective product with a defect-free one or remove the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller, or the Seller has failed to fulfill its obligation to replace the product with a defect-free one or to remove the defect. The reduced price should be proportional to the price resulting from the Sales Agreement, in the same way as the value of the product with a defect is proportional to the value of the product without a defect.
  6. The Consumer may, instead of the defect removal proposed by the Seller, demand replacement of the product with a defect-free product, or instead of replacement of the product, demand removal of the defect, if bringing the product into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller. When assessing excessive costs, the value of the defect-free product, the type and significance of the defect detected, as well as the inconvenience to which the Consumer would be exposed by another method of satisfaction, are also taken into account.
  7. The Seller undertakes to consider each complaint promptly, but no later than within 14 days from its receipt. If this proves impossible, the Seller will inform the Consumer within this period about the consideration of the complaint. If the Consumer has requested replacement or removal of the defect, or has submitted a request for a price reduction specifying the amount by which the price should be reduced, and the Seller does not respond to this request within 14 days, the request is considered justified.
  8. If, in order to consider the complaint, it is necessary to deliver the Product to the Seller, the Customer is obliged to deliver the Product at the Seller’s expense, or the Product will be collected from the Buyer by a courier acting on behalf of the Seller, after the parties have taken the necessary steps in this regard.

XII. COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS

  1. The Seller takes measures to ensure the proper functioning of the Online Store, as far as possible thanks to modern technical knowledge, and undertakes to remove any malfunctions reported by Customers within a reasonable time.
  2. The Customer should immediately notify the Seller of any irregularities or failures in the functioning of the Online Store website.
  3. The Customer should report any irregularities related to the operation of the Store by e-mail to charismopolska@gmail.com.
  4. In the complaint, the Customer should provide their name and surname, correspondence address, type and date of occurrence of the irregularities related to the operation of the Store.
  5. The Seller undertakes to consider each complaint within 14 days, and if this proves impossible, to inform the Customer within this period when the complaint will be considered.

XIII. NEWSLETTER PROVISIONS

  1. If you consent to the processing of personal data provided in the form on the website charismoeu.com/pl for the marketing purposes of the Seller, in particular for receiving commercial information by e-mail (e.g. in the form of a newsletter) or by telephone, the Customer will be provided with a service consisting of the periodic sending of information in the form of an e-mail (electronic letter), hereinafter referred to as the “Newsletter”, to the e-mail address provided by the Customer. The Newsletter service is provided free of charge and for an indefinite period.
  2. The Newsletter contains information about the Seller’s product offers, new products, current promotions and other information about the Seller and its products, including opinions, press materials, links to friendly websites or articles on the Seller’s blogs.
  3. The Customer may at any time, without giving any reasons and without any costs, change the previously indicated e-mail address to which the Newsletter is sent, or unsubscribe from this service by clicking the unsubscribe link located at the bottom of the Newsletter.
  4. Complaints related to the newsletter service should be sent by e-mail to: charismopolska@gmail.com.
  5. The complaint should contain the name, surname and e-mail address of the Customer, a description of the subject of the complaint, including the request and its justification, as well as the signature of the person submitting the complaint.
  6. Complaints will be considered within 30 days from their receipt by the Seller. The Seller will promptly inform the applicant of the decision by e-mail to the e-mail address indicated in the complaint.

XIV. PROCESSING OF PERSONAL DATA

Personal data provided by the Customer in the Online Store is processed in accordance with all regulations governing the processing of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European Union No. 119, p. 1, as amended) and the Act of 10 May 2018 on the Protection of Personal Data (consolidated text: Journal of Laws of 2019, item 1781). For more information on the processing of personal data, please refer to the Privacy Policy available on this website.


XV. FINAL PROVISIONS

  1. Sales Agreements concluded in accordance with these Terms and Conditions are governed by Polish law. If the Customer is a Consumer, the law of the country in which the Consumer has their habitual residence applies, provided that the Seller conducts or directs its activity to that country.
  2. Consumers have the option of using out-of-court dispute resolution and submitting claims to the permanent arbitration court at the relevant Provincial Trade Inspectorate. Information on how to access the above-mentioned dispute resolution procedures can be found at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  3. The Seller informs that the platform for online dispute resolution between consumers and traders at EU level (ODR platform – online dispute resolution) is available on the website at http://ec.europa.eu/consumers/odr/.
  4. Any disputes arising between the Seller and the Consumer shall be resolved by the competent courts of general jurisdiction.
  5. Any disputes arising between the Seller and a Customer who is not a Consumer shall be resolved exclusively by Polish courts.
  6. All intellectual property rights to the Products belong to the Seller or its licensors. All such rights are protected.
  7. Exclusive rights to the content provided through the Online Store, in particular copyrights, the name of the Online Store, the Seller’s trademarks, their graphic elements, rights to software and databases, are the property of the Seller or its licensors and are subject to proper protection.
  8. In matters not regulated by these Regulations, the relevant provisions of the law shall apply.
  9. These Regulations enter into force on 26 November 2024.
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