Terms and Conditions

Terms and Conditions of the konopnybuch.pl online store

§ 1

Preliminary provisions

1. The konopnybuch.pl online store available at the internet address konopnybuch.pl is operated by ZIELONI HANDLOWCY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NIP 5223243877 KRS 0001007583 REGON 523906394 DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIV COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, registered on: 2022-12-12. Share capital 5000 PLN
2. Contact details:
   +48 796 416 643 or email: michal@zielonihandlowcy.pl
   Zieloni Handlowcy Sp. z o. o. ul. Czereśniowa 13B 02-457 Warsaw

§ 2

Definitions

2. Seller - Company: ZIELONI HANDLOWCY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NIP 5223243877 KRS 0001007583 REGON 523906394 DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIV COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, registered on: 2022-12-12. REGISTERED AT Czereśniowa 13B, 02-457, Warsaw, POLAND

3. Client - any entity making purchases via the Store.
4. Entrepreneur - an individual, legal person or entity without legal personality, performing a legal act in their own name within business or professional activity, including making purchases in the Store for purposes directly related to their business activity, when using the Store including making purchases in the Store constitutes a professional character for that person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Economic Activity.
5. Store - the online store operated by the Seller at the internet address konopnybuch.pl
6. Distance contract - a contract concluded with the Client within an organized system of concluding contracts at a distance (within the Store), without simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the contract inclusive.
7. Terms and Conditions - these Terms and Conditions of the Store.
8. Order - a declaration of will by the Client made via the Order Form and aimed directly at concluding a Sales Agreement for Product or Products with the Seller.
9. Account - the client account in the Store, where data provided by the Client and information about Orders placed by them in the Store are collected.
10. Registration form - a form available in the Store enabling the creation of an Account.
11. Order form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
12. Cart - a software element of the Store where Products selected by the Client for purchase are visible, and it is possible to set and modify Order data, in particular product quantities.
13. Product - a movable item/service available in the Store which is the subject of the Sales Agreement between the Client and the Seller.
14. Sales Agreement - a sales contract for a Product concluded or to be concluded between the Client and the Seller via the online Store. The Sales Agreement also means - depending on the Product’s characteristics - a service contract or a contract for specific work.

§ 3

Contact with the Store

1. ZIELONI HANDLOWCY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NIP 5223243877 KRS 0001007583 REGON 523906394
   
   buch@konopnybuch.pl
   796 416 643
2. The Client may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
3. The Client may contact the Seller by phone between 9 am and 5 pm.

§ 4

Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

1. an end device with Internet access and a web browser such as Chrome,
2. an active email account,
3. enabled cookies support,
4. installed FlashPlayer program.

§ 5

General information

1. The Seller, to the fullest extent permitted by law, is not liable for disruptions including interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Client for Products available in the Store is possible either after creating an Account according to § 6 of the Terms and Conditions or by providing necessary personal and address data enabling order fulfillment without creating an Account.
3. Prices shown in the Store are in Polish zloty and are gross prices (including VAT).

§ 6

Creating an Account in the Store

1. To create an Account in the Store, the Registration Form must be completed. The following data is required: first name, last name, address, phone number, email address.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by providing the login and password set in the Registration Form.
4. The Client may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7

Order placement rules

To place an Order, you must:

1. log in to the Store (optional);
2. select the Product to order, then click the “Add to cart” button (or equivalent);
3. log in or use the option to place an Order without registration;
4. if choosing to place an Order without registration - fill in the Order Form by entering recipient data and delivery address, select the type of shipment (delivery method), enter invoice data if different from the recipient’s data,
5. click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the email,
6. choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

§ 8

Offered delivery and payment methods

1. The Client may use the following delivery or pickup methods for the ordered Product:

1. Postal shipment, cash on delivery postal shipment,
2. Inpost shipment, cash on delivery Inpost shipment
3. Courier shipment, cash on delivery courier shipment,
4. Personal pickup available at the address indicated above,
5. The Client may use the following payment methods:

1. Payment on delivery
2. Cash on delivery payment
3. Bank transfer to the Seller’s account
4. Electronic payments
5. Payment by payment card.

3. Detailed information about delivery methods and acceptable payment methods is available on the Store’s pages.

DELIVERY COST:

Inpost Parcel Locker - 11.99 PLN
Inpost Courier - 13.99 PLN
DPD to Point - 15.50 PLN

The Client may choose the following payment forms for ordered Goods: BLIK payments, payment card, electronic transfer via the external payment system imoje, operated by ING Bank Śląski S.A. headquartered in Katowice.
                               

§ 9

Execution of the sales contract

1. The Sales Agreement between the Client and the Seller is concluded after the Client places an Order using the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt and acceptance of the Order is made by sending the Client an appropriate email to the address provided during the Order placement, containing at least the Seller’s statements of receipt and acceptance of the Order and confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Client, the Sales Agreement between the Client and the Seller is concluded.
3. If the Client chooses:

1. payment by bank transfer, electronic payments or payment by payment card, the Client is obliged to make the payment within …. calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
2. cash on delivery payment upon receipt of the shipment, the Client is obliged to pay upon receipt of the shipment.
3. cash payment upon personal pickup of the shipment, the Client is obliged to pay upon receipt of the shipment within …. days from the date of notification of readiness for pickup.

4. If the Client chose a delivery method other than personal pickup, the Product will be sent by the Seller within the time indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Client when placing the Order.
5. In case of ordering Products with different delivery times, the delivery time is the longest indicated time.

B In case of ordering Products with different delivery readiness times, the readiness time is the longest indicated time.

6. The start of the delivery time to the Client is counted as follows:

1. If the Client chooses payment by bank transfer, electronic payments or payment card - from the day the Seller’s bank account is credited.
2. If the Client chooses cash on delivery payment - from the day of conclusion of the Sales Agreement,

6. If the Client chooses personal pickup of the Product, the Product will be ready for pickup within the time indicated in the Product description. The Client will be additionally informed of the Product’s readiness by the Seller by sending an appropriate email to the address provided during Order placement.

7. In case of ordering Products with different readiness times, the readiness time is the longest indicated time.

9. Delivery of the Product takes place only within Poland.

9. Delivery of the Product takes place within Europe.

10. Delivery of the Product to the Client is paid, unless the Sales Agreement provides otherwise. Delivery costs (including transport, delivery and postal service fees) are indicated to the Client on the Store’s website in the “Delivery costs” section and during Order placement, including at the moment the Client expresses the will to be bound by the Sales Agreement.

11. Personal pickup of the Product by the Client is free of charge.

§ 10

Right of withdrawal from the contract

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The withdrawal period specified in point 1 starts from the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
3. In the case of a contract covering multiple Products delivered separately, in batches or parts, the period specified in point 1 runs from the delivery of the last item, batch or part.
4. In the case of a contract involving regular delivery of Products for a specified period (subscription), the period specified in point 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the contract by submitting a withdrawal statement to the Seller. To meet the withdrawal deadline, it is sufficient to send the statement before the deadline expires.
6. The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website - the Seller’s contact details are specified in § 3. The statement may also be submitted on a form, the template of which is Annex 1 to these Terms and Conditions and an annex to the Consumer Rights Act of 30 May 2014, but this is not mandatory.

7. If the Consumer sends the statement electronically, the Seller will immediately send the Consumer confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.
8. Effects of withdrawal from the contract:

1. In case of withdrawal from a distance contract, the contract is considered not concluded.
2. Upon withdrawal, the Seller shall immediately, no later than within 14 days from receipt of the Consumer’s withdrawal statement, refund all payments made by the Consumer, including delivery costs, except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery offered by the Seller.
3. The Seller shall refund payments using the same payment methods used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different method without incurring costs.
4. The Seller may withhold the refund until the Product is returned or proof of its return is provided, whichever occurs first.
5. The Consumer should return the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day they informed the Seller of withdrawal. The deadline is met if the Product is sent before the 14-day period expires.
6. The Consumer bears the direct costs of returning the Product, including costs if the Product cannot be returned by ordinary mail due to its nature.
7. The Consumer is liable only for any diminished value of the Product resulting from use other than necessary to establish its nature, characteristics and functioning.

9. If due to the nature of the Product it cannot be returned by ordinary mail, information about this and the return costs will be included in the Product description in the Store.

10. The right of withdrawal from a distance contract does not apply to contracts:

1. where the subject is a non-prefabricated item made according to the Consumer’s specifications or serving to satisfy their individual needs,
2. where the subject is an item delivered in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package was opened after delivery,
3. where the subject is an item liable to quick spoilage or with a short use-by date,
4. for services, if the Seller has fully performed the service with the Consumer’s explicit consent, who was informed before the service started that they would lose the right of withdrawal after performance,
5. where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires,
6. where the subject is items which after delivery become inseparably connected with other items due to their nature,
7. where the subject is alcoholic beverages whose price was agreed upon at the time of sale and delivery may occur only after 30 days and whose value depends on market fluctuations beyond the Seller’s control,
8. where the subject is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
9. for delivery of newspapers, periodicals or magazines, except subscription contracts,
10. for delivery of digital content not stored on a tangible medium, if performance started with the Consumer’s explicit consent before the withdrawal period expired and after being informed of losing the right of withdrawal. This right also applies to an individual entrepreneur acting as a Consumer when the contract is not of a professional nature related to their business activity, made available under the Central Register and Information on Economic Activity regulations.

§ 10.1 Warranty for Entrepreneurs
		1.	The Seller guarantees delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
		2.	If the Goods have a defect, the Entrepreneur may:
			a)	make a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect.
				This limitation does not apply if the Goods were already replaced or repaired by the Seller or the Seller did not fulfill the obligation to replace the Goods with defect-free Goods or remove defects. The Entrepreneur may instead of the Seller’s proposed defect removal demand replacement with defect-free Goods or instead of replacement demand defect removal, unless making the Goods compliant with the contract in the chosen way is impossible or would involve excessive costs compared to the Seller’s proposed method. When assessing excessive costs, the value of defect-free Goods, type and significance of the defect, and inconvenience to the Entrepreneur are considered.
			b)	demand replacement of defective Goods with defect-free Goods or defect removal. The Seller is obliged to replace defective Goods or remove defects within a reasonable time without undue inconvenience to the Entrepreneur.
				The Seller may refuse the Entrepreneur’s demand if making the defective Goods compliant in the chosen way is impossible or would involve excessive costs compared to the alternative method. Repair or replacement costs are borne by the Seller.
		3.	The Entrepreneur exercising warranty rights is obliged to deliver the defective item to the Seller’s address. Delivery costs are borne by the Seller.
		4.	The Seller is liable under warranty if a physical defect is found within two years from delivery to the Entrepreneur. The claim for defect removal or replacement expires after one year, but not before the two-year period. Within this period, the Entrepreneur may withdraw from the Sales Agreement or reduce the price due to defect. If the Entrepreneur demanded replacement or defect removal, the withdrawal or price reduction period starts after the unsuccessful expiry of the replacement or repair deadline.

The right of the consumer and entrepreneur acting as a consumer to withdraw from the contract within 14 days.

The Buyer (Consumer and Entrepreneur with Consumer rights) has the right to withdraw from the concluded contract in writing without giving a reason within 14 (in words: fourteen) days from the date of contract conclusion under the Act of 30 May 2014 (Journal of Laws 2014 item 827 as amended).

In case of written withdrawal from the contract, the Client is obliged to return the goods within 14 (in words: fourteen) days.

The above right also applies to a natural person - Entrepreneur with Consumer rights, concluding a contract directly related to their business activity, when the contract is not of a professional nature related to their business activity, made available under the Central Register and Information on Economic Activity regulations.

§ 11

Complaints and warranty

1. The Sales Agreement covers new products. The condition of each Product is described in detail on the Store’s pages.
2. All goods are free from defects and unused.
3. New products mean the sale of CBD products, including CBD dried flower from industrial hemp, compliant with Polish law where THC content does not exceed 0.2%. Each product has separate tests available in the Certificates tab.
4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.

4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions or using the electronic complaint form made available by the Seller on one of the Store’s subpages.

5. It is recommended to include in the complaint a brief description of the defect, circumstances (including date) of its occurrence, Client’s data, and the Client’s demand related to the defect.
6. The Seller will respond to the complaint immediately, no later than within 14 days, and if not, the Client’s demand is considered justified.
7. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions. This right also applies to a natural person concluding a contract directly related to their business activity, when the contract is not of a professional nature related to their business activity, made available under the Central Register and Information on Economic Activity regulations.

§ 8 Complaints
		1.	All complaints related to the Goods or execution of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller’s address
			The complained Goods should be delivered or sent to: ZIELONI HANDLOWCY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NIP 5223243877 REGISTERED AT Czereśniowa 13B, 02-457, Warsaw, POLAND
		2.	The Seller will respond within 14 days from the date of the complaint request submitted by the Entrepreneur.
		3.	The Client may submit a complaint regarding free electronic services provided by the Seller. The complaint may be submitted electronically to buch@konopnybuch.pl. The complaint should include a description of the problem. The Seller will respond within 14 days.

Zieloni Handlowcy Sp. z o. o. is liable to the Consumer and Entrepreneur with Consumer rights for non-conformity of the Goods with the sales contract existing at delivery and revealed within two years from delivery or expiry of the minimum durability of the Goods.
Zieloni Handlowcy Sp. z o. o. is liable to the Consumer and Entrepreneur with Consumer rights under the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2022 item 2337).
Complaints may be submitted by the Consumer or Entrepreneur with Consumer rights in writing or by email to buch@konopnybuch.pl or ul. Czereśniowa 13B 02-457 Warsaw.

§ 12

Out-of-court complaint handling and claims procedures

1. Detailed information on the possibility for the Consumer to use out-of-court complaint handling and claims procedures and access rules to these procedures is available at the offices and websites of district (municipal) consumer ombudsmen, social organizations protecting consumers, Provincial Trade Inspection authorities, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following example possibilities to use out-of-court complaint handling and claims procedures:

1. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148 as amended) for dispute resolution arising from the contract with the Seller.
2. The Consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014 item 148 as amended), for mediation proceedings to amicably resolve the dispute between the Consumer and the Seller.
3. The Consumer may obtain free assistance in dispute resolution with the Seller by using free assistance from the district (municipal) consumer ombudsman or social organizations protecting consumers (e.g. Federation of Consumers, Polish Consumers Association).

§ 13

Personal data in the online Store

1. The administrator of personal data of Clients collected via the online Store is the Seller.
2. Personal data collected by the administrator via the online Store is collected for the purpose of executing the Sales Agreement, and if the Client consents - also for marketing purposes.
3. Recipients of Clients’ personal data may be:

1. For Clients using postal or courier delivery, the Administrator provides collected personal data to the selected carrier or intermediary handling shipments on behalf of the Administrator.
2. For Clients using electronic or card payments, the Administrator provides collected personal data to the selected entity handling these payments in the online Store.

4. The Client has the right to access and correct their data.

5. Providing personal data is voluntary, but failure to provide data necessary for concluding the Sales Agreement results in inability to conclude the contract.

§ 14

Final provisions

1. Contracts concluded via the online Store are concluded in Polish.

2. The Seller reserves the right to amend the Terms and Conditions for important reasons, such as changes in law, payment and delivery methods - to the extent these affect the Terms and Conditions. The Seller will inform the Client of any changes at least 7 days in advance.

3. Matters not regulated in these Terms and Conditions are governed by generally applicable Polish law, in particular: Civil Code; Act on electronic services; Consumer Rights Act; Personal Data Protection Act.

4. The Client has the right to use out-of-court complaint handling and claims procedures. To do so, they may file a complaint via the EU ODR platform available at: http://ec.europa.eu/consumers/odr/

buch@konopnybuch.pl

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When purchasing products from the categories https://konopnybuch.pl/kategoria/zywnosc/shoty-konopne/ and https://konopnybuch.pl/kategoria/zywnosc/green-out/ I declare that I am of legal age.