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Online Shop www.elfa-pharm.pl Online Shop is run by Elfa Pharm Polska Sp. z o.o. Sp. k. with its registered office in Skawina (32-050) at ul. Krakowska 87A entered in the Register of Entrepreneurs of the National Court Register (KRS) for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number 0000390960, PL VAT PL6762444537, REGON 121591065, e-mail: sklep@elfa-pharm.pl

  • The terms used in the Regulations mean:
  • 1.1.
    Customer – a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality, which confers the ability of specific provisions in law and who makes an order in the Online Shop.
  • 1.2.
    Seller - Elfa Pharm Polska sp. z o.o., sp.k. with its registered office in Skawina at ul. Krakowska 87A, 32-050 Skawina entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Krakow, 11th Commercial Division of the National Court Register under the number 0000390960 PL VAT PL6762444537, REGON 121591065 with limited partnership sum of PLN 300,000, own contribution of PLN 180,000.
  • 1.3.
    Online Shop – the Internet service available at www.elfa-pharm.pl through which the Customer can place Orders.
  • 1.4.
    Regulations – these Terms and Conditions for the provision of electronic services for customers of the Online Shop.
  • 1.5.
    Commodity – products or services available from the Online Shop.
  • 1.6.
    Order – Customer's declaration of intent, aimed directly at the conclusion of the Sales Contract, specifying, in particular, the type and quantity of Commodities.
  • 1.7.
    Sales Contract – a contract for the sale of Commodities within the meaning of the Civil Code, concluded between Elfa Pharm Polska sp. z o.o., sp. k. and the Customer via the Online Shop website.
  • 1.8.
    Cart – the tool in www.elfa-pharm.pl online shop, via which the Commodities selected by the Customer with the intent of purchase are visible and enable the Customer to determine and modify the final Order.
  • 1.9.
    Registration - means a one-time activity of a new User, consisting in the opening of an Account, using the form available from www.elfa-pharm.pl Online Shop.
  • 1.10.
    Individual Customer Account – the functionality of www.elfa-pharm.pl Online Shop, which allows shopping without re-entering customer identification data and participating in competitions for customers.
  • 1.11.
    Civil Code – the Act of 23 April 1964 Polish Civil Code (Journal of Laws No. 16, item 93, as amended).
  • 1.12.
    Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
  • 1.13.
    Newsletter – a newsletter of www.elfa-pharm.pl Online Shop containing in particular information about the current offer and promotions.
  • 1.14.
    Consumer Rights Act – the Act of 30 May 2014. on consumer rights (Journal of Laws of 24 June 2014, item 827).
  • 1.15.
    Contract concluded remotely – a contract as specified in Article 2 point 1 of the Act of 30 May 2014 on consumer rights, i.e. a contract concluded with a consumer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
  • 1.16.
    Durable medium – material or instrument specified in art. 2 point 4 of the Act of 30 May 2014. on consumer rights which enables the consumer or entrepreneur to store information in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the stored information; in particular, providing information on a durable medium should be understood as the transmission of information by e-mail.
  • 1.17.
    Consumer – a customer who is a consumer within the meaning of art. 221 of the Polish Civil Code.
  • 1.1.
    These Terms and Conditions set out the rules for using www.elfa-pharm.pl Online Shop and are the regulations referred to in Article 8 of the Act on the provision of electronic services, also they implement the information obligations of the Seller to the Customer, as specified in the Act of 30 May 2014 on consumer rights.
  • 2.1.
    These Regulations specify in particular:
  • 2.1.1.
    rules for registering and using an individual Customer account as part of the Online Shop
  • 2.1.2.
    terms and conditions of placing Orders electronically as part of the Online Shop
  • 2.1.3.
    rules for concluding Sales Agreements using services provided as part of the Online Shop
  • 2.1.4.
    information obligations of the Seller to the Customer who is a consumer specified in the Consumer Rights Act
  • 2.3.
    Agreements via the Online Shop may be concluded by natural persons with full legal capacity, legal persons, and organizational units not having legal personality, which by law acquire legal capacity.
  • 2.4.
    Information on the Commodities provided by the Online Shop, in particular, descriptions, technical and performance parameters as well as prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
  • 2.5.
    The information about the prices provided at www.elfa-pharm.pl Online Shop is binding from the moment the Customer receives the order confirmation by e-mail, including any discounts.
  • 2.6.
    The basic means of communication with the Customer regarding their Orders is the Internet, specifically, electronic mail. Also, Elfa Pharm Polska can communicate with Users by phone. They can submit all questions, reservations, and doubts of a legal nature regarding these Terms and Conditions, Customer's rights and obligations, this Online Shop services, or the actual order, via e-mail to the following e-mail address: sklep@elfa-pharm.pl. Elfa Pharm Polska will respond without undue delay by e-mail to the e-mail address from which the message arrived.
  • 2.7.
    By accepting these Terms and Conditions, the Customer undertakes to comply with them, in particular, to use the Online Shop in a manner consistent with the provisions of the Regulations.
  • 2.8.
    These Terms and Conditions have been in force since 12 March 2015.
  • 3.1.
    Viewing the products available in the Online Shop is possible without logging in.
  • 3.2.
    Each time you log into the Online Shop, you accept these Terms and Conditions, the Privacy Policy, and the Price List.
  • 3.3.
    Each Order for the Commodities in the Online Shop is tantamount to your acceptance of the service terms, provided in the form of these Terms and Conditions and other documents describing the rules of the sale by the Online Shop. The current format of these documents is visible at www.elfa-pharm.pl Online Shop.
  • 3.4.
    In order to register at www.elfa-pharm.pl Online Shop, one needs to complete a registration form, by providing their name or - in the case of a legal person or organizational unit without legal personality with granted legal capacity, the company name, email address, password, accept these Terms and Conditions and agree to process the Customer's Personal Data to the extent necessary to complete the transaction.
  • 3.5.
    Upon completion of the registration, the Customer at the provided email address receives a message from Elfa Pharm Polska containing the login and password to log into the Online Shop website.
  • 3.6.
    The Customer is required to protect the password and login against unauthorized use. To ensure security, the Customer may change their password in the Customer panel available after logging in.
  • 3.7.
    When the Customer does not remember the password, they can recover it through the password reset tool available in the Customer Panel.
  • 3.8.
    Registration in the Online Shop and the use of its features are free.
  • 3.9.
    After registering in the Online Shop, you log in using the data provided in the registration form.
  • 3.10.
    The Customer undertakes to keep secret the unique login and password assigned during the registration and will not disclose it to third parties. When there is a suspicion that the login and password may have been captured by a third party, the Customer is obliged to change the password and notify the Online Shop immediately at www.elfa-pharm.pl.
  • 3.11.
    Placing an order for products available in the Online Shop after logging in by the Customer with a unique login and password is tantamount to concluding a Sales Contract.
  • 3.12.
    The Customer may not shirk any liability and payment towards www.elfa-pharm.pl Online Shop if the Sales Contract is concluded using the unique login and password assigned to the Customer.
  • 3.13.
    If the Customer wants to be removed from the Online Shop database, they should send an email with a request to unregister at sklep@elfa-pharm.pl.
  • 3.14.
    Elfa Pharm Polska sp. z o.o., sp. k. may deny the Customer the right to use the Online Shop, as well as may limit their access to part or all of the resources of the Online Shop, with immediate effect, in the event of the Customer's violation of the Regulations, particularly, when the Customer uses the Online Shop in a way that violates generally applicable laws, third parties' rights and rights, principles of social coexistence or the provisions of these Regulations, also in a situation where the Customer withdraws from the concluded Sales Contract in circumstances not specified by the Act of 30 May 2014 on consumer rights (Journal of Laws of 24 June 2014, item 827).
  • 3.15.
    A person who has been deprived of the right to use the Online Shop will not be able to register again without prior consent from Elfa Pharm Polska sp. z o.o., sp. k.
  • 3.16.
    The awarded discount codes cannot be combined. You can use only one rebate code in one Order.
  • 3.17.
    During one or several days of promotion for the entire range (excluding sets), the discount codes are disabled.
  • 4.1.
    To conclude a Sales Contract via the Online Shop, you must first register with www.elfa-pharm.pl Online Shop, log into, add selected products to the cart, choose the option of delivery and payment and confirm the Order.
  • 4.2.
    Orders can also be placed without registration.
  • 4.3.
    The Order is processed provided that the Commodities are available in the Online Shop warehouse. If the Commodity is not available, it will not be possible to add the product to the basket.
  • 4.4.
    When placing the Order, until the CONFIRM ORDER button is clicked, the Customer can modify the entered data or criteria for the Commodity. To do this, please follow the displayed messages and information available on the website.
  • 4.5.
    After the Customer using the Online Shop has provided all necessary data, including the shipping address, a summary of the placed Order will be displayed.
  • 4.6.
    The summary of the placed Order will contain information on, in particular:
  • 4.6.1.
    ordered Commodities,
  • 4.6.2.
    unit and total price of the ordered Commodities,
  • 4.6.3.
    selected delivery method,
  • 4.6.4.
    delivery costs,
  • 4.6.5.
    chosen payment method,
  • 4.6.6.
    selected delivery address.
  • 4.7.
    Sending the Order by the Customer is tantamount to concluding a Sales Contract with Elfa Pharm Polska, following the Regulations.
  • 4.8.
    The Contract shall be considered concluded upon receipt of an email containing the confirmation of acceptance of the Order together with the summary referred to in point 5 § 4 of these Regulations.
  • 4.9.
    In the absence of payment within 14 days of placing the Order, the Order will be automatically cancelled, about which the Customer will be notified via email to the email address provided during registration.
  • 4.10.
    In justified cases and when it is possible, the Online Shop may cancel or change the Order at the Customer's request until the Customer receives confirmation of the Order. In this case, the Customer may contact the Shop by phone or using other forms of contacts available on the Shop's website. The Customer can track the status of the Order in the Shop after logging into the Customer Panel. The Shop reserves the right to refuse or cancel the order placed by a Customer who has not previously picked up the ordered goods twice, delayed payment of the ordered goods untimely, or in a situation where the authenticity of the order raises a reasonable doubt.
  • 4.11.
    The Customer shall be notified of any change in the status of the Order via email to the address provided in the registering form.
  • 4.12.
    The www.elfa-pharm.pl Online Shop customer may use a discount code, or a discount voucher received from Elfa Pharm Polska sp. z o.o., sp. k., which authorizes the price reduction. Rebate codes and rebate vouchers have a validity period during which the Customer can take advantage of the rebate offered. The granted rebate cannot be combined with other rebates or other promotions unless the regulations of a given promotion state otherwise.
  • 5.1.
    The prices of Commodities at www.elfa-pharm.pl Online Shop are in Polish zlotys (PLN) and euros (€) and contain all components, including VAT (with the distinction of the rate) and all other components.
  • 5.2.
    Three forms of payment are available at www.elfa-pharm.pl Online Shop:
  • 5.2.1.
    payment by bank transfer
  • 5.2.2.
    payment via PayPal
  • 5.2.3.
    payment via PayU (only payments in PLN)
  • 5.2.4.
    payment on delivery (only in Poland)
  • 5.2.5.
    Accounts appropriate for making bank transfers are accounts at Bank Ochrony Środowiska Centrum Korporacyjne BOŚ S.A. in Krakow, which are owned by Elfa Pharm Polska sp. z o.o., sp. k. SWIFT: EBOSPLPW106

    payments in PLN 53 1540 1115 2111 9149 6113 0004
    payments in EUR 80 1540 1115 2111 9149 6113 0003
  • 6.1.
    Acceptance of the order for completion begins on business days depending on the chosen payment method
  • 6.1.1.
    for payment by bank transfer - on the next business day after the transfer was credited to the account specified in § 5, point 3 of these Regulations;
  • 6.1.2.
    for payment via PayPal - on the next business day after the payment was credited to the PayPal Elfa Pharm Polska Sp. z o.o., sp. k. company account;
  • 6.1.3.
    for payment via the PayU service - on the next business day after the payment was credited to the PayU Elfa Pharm Polska sp. z o.o., sp. k. account
  • 6.1.4.
    for payment on delivery (only in Poland) - on the next business day after the Customer placed the Order
  • 6.2.
    For each Order, the Online Shop issues a receipt, and at the Customer's explicit request, an additional VAT invoice. Invoices are issued only in Polish.
  • 6.3.
    The place of performance under the concluded Sales Contract between the Customer and the Seller is the place, stated in the Order, where the Seller is obliged to deliver the purchased Commodities.
  • 7.1.
    Orders are delivered in Poland, the European Union, and the whole world via Poczta Polska S.A, InPost, and DHL.
  • 7.2.
    The Online Shop considers the delivery address provided by the Customer at the moment of placing the Order as binding. The shop reserves the right to change the delivery address at the request of the Customer until the parcel is still in the warehouse. As soon as it is collected by Poczta Polska, or the DHL, or InPost Courier, it will not be possible to change the delivery address.
  • 7.3.
    Online Shop www.elfa-pharm.pl undertakes to pack the Commodities appropriately, ensuring that the shipment will not be damaged during transport.
  • 7.4.
    Online Shop www.elfa-pharm.pl is not responsible for damage to the parcel resulting from the fault of Poczta Polska S.A., InPost, or DHL carrier.
  • 7.5.
    Online Shop www.elfa-pharm.pl allows you to choose the option of a personal collection of ordered products after prior correct placing of the order and choose the option of payment by bank transfer, via PayPal or PayU.
  • 7.6.
    Delivery dates and conditions for personal collection are available at www.elfa-pharm.pl Online Shop in the Delivery tab.
  • 8.1.
    Every Customer is a consumer within the meaning of Article 221 of the Civil Code and by using the Online Shop has the right - under the Consumer Rights Act - to withdraw from the concluded Sales Contract without giving a reason, within the period described below. The withdrawal statement should be sent in writing by post to the following address: Elfa Pharm Polska sp. z o.o., sp. k., ul. Krakowska 87A, 32-050 Skawina or by email at sklep@elfa-pharm.pl with information in the subject of the email containing the order number and the phrase: "Withdrawal from the Agreement".
  • 8.2.
    Elfa Pharm Polska sp. z o.o., sp. k. will send a confirmation of the reception of the withdrawal statement from the Sales Contract submitted electronically on a durable medium to the Customer.
  • 8.3.
    The Customer is entitled to withdraw from the Sales Contract within a maximum period of 14 days, which begins on the day the Order is collected by the consumer or a third party designated by them, other than the carrier. The term is kept if, before its expiry, the consumer sends a withdrawal statement from the Sales Contract to the address provided in §8, point 1 of these Regulations.
  • 8.4.
    The right to withdraw from the Sales Contract is denied when Commodities were opened or used by the Customer.
  • 8.5.
    In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have rendered is returned. The return of the Commodities by the Customer should take place immediately, not later than within 14 days of submitting the withdrawal statement. The Customer is responsible for reducing the Commodity's value when they used it in a way that goes beyond what was necessary to establish its nature, characteristics, and functioning.
  • 8.6.
    The Commodities should be returned to the address of Elfa Pharm Polska sp. z o.o., sp. k., ul. Krakowska 87A, 32-050 Skawina, Poland.
  • 8.7.
    Commodities returned by the Customer should be packed appropriately ensuring that the package is not damaged during transport.
  • 8.8.
    The Customer may submit a statement of withdrawal from the contract using the form, a specimen attached as Annex 2 to the Consumer Rights Act, and at the same time as Annex 2 to these Regulations.
  • 8.9.
    A set of instructions on withdrawal from the Sales Contract by the Customer, constituting Annex 1 to the Consumer Rights Act can be found in the summary of these Regulations.
  • 9.1.
    All complaints arising from the violation of the Customer's rights, as well as related to the Online Shop service level, should be sent to Elfa Pharm Polska sp. z o.o., sp. k., ul. Krakowska 87A, 32-050 Skawina, Poland. The Seller undertakes to consider each complaint within 14 days.
  • 9.2.
    The Customer has the right to pursue claims arising from the Order in court after exhausting the complaint procedure.
  • 9.3.
    The Seller is obliged to provide the Customer with goods without defects.
  • 9.4.
    The Seller is liable to the Customer if the item sold has a physical or legal defect (warranty).
  • 9.5.
    A physical defect constitutes the non-compliance of the sold Commodities with the contract. In particular, the Commodity sold does not comply with the Sales Contract if:
  • 9.5.1.
    does not have properties that this type of Commodities should have due to the purpose indicated in the contract or resulting from circumstances or destination;
  • 9.5.2.
    there are no properties that the Seller has provided to the buyer, including a sample or design;
  • 9.5.3.
    it is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to its intended use;
  • 9.5.4.
    was delivered incomplete to the Customer
  • 9.6.
    If the buyer is a consumer, the assurances of the Seller are treated equally with the public assurances made by the producer or their representative, or the person who places the Commodity on the market in the scope of their business activity, or the person who, by placing their name, trademark or other names on the sold Commodity or any distinguishing sign shall be presented as the manufacturer.
  • 9.7.
    If the buyer is a consumer, and the physical defect was discovered within one year from the date of delivery of the sold Commodity, it is presumed that this defect or its cause existed at the time of the danger transfer to the buyer.
  • 9.8.
    The Seller is liable to the buyer if the goods sold are the property of a third party or if they are encumbered with the rights of a third party, as well as if the restriction on the use or disposal of the Commodity results from a decision or ruling of a competent authority.
  • 9.9.
    The Seller is liable by warranty for physical defects that existed at the time of danger transfer to the buyer or resulted from a reason inherent in the sold Commodities at the same time. If the sold Commodities have a defect, the buyer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the buyer replaces the faulty Commodity with a fault-free one or removes the defect. This limitation does not apply if the Commodity has already been replaced or repaired by the Seller or the Seller had failed to satisfy the obligation to replace the Commodity with a defect-free item. If the buyer is a consumer, instead of the defect removal proposed by the Seller, they may request a replacement of the Commodity with one which is free of defects or instead of replacement of the Commodity, they may demand the removal of the defect, unless bringing the item into compliance with the Sales Contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the discovered defect is taken into account, as well as the inconvenience to which the buyer would otherwise be exposed. The buyer may not withdraw from the Sales Contract if the defect is irrelevant.
  • 9.10.
    Customers who are consumers may use out-of-court dispute resolution regarding complaint handling and redress by:
  • 9.10.1.
    directing the cases to Permanent Consumer Arbitration Courts operating at voivodship inspectorates of the Trade Inspection (WIIH) and their branch offices. Consumer arbitration courts settle disputes between consumers and Sellers if they arise from a concluded Sales Contract or a contract for the provision of services. To consider the case, the consent of both parties to the dispute is necessary. The list of such Courts with their addresses is available from www.uokik.gov.pl;
  • 9.10.2.
    directing the cases to mediation at the voivodeship inspectorates of the Trade Inspection. To consider the case, the consent of both parties to the dispute is necessary. The list of such Provincial Inspectorates of The Trade Inspection with their addresses is available from www.uokik.gov.pl.
  • 9.11.
    The provisions of these regulations do not constitute the Seller's consent to consider disputes regarding complaints based on the procedures set out in § 9, point 10 of these Regulations. In each case, the Seller will decide about consenting to its consideration based on the procedures specified in § 9, point 10 of these Regulations.
  • 10.1.
    The Customer may agree to receive commercial information, including commercial information disseminated electronically, by selecting the appropriate option in the registration form or later in the appropriate place at www.elfa-pharm.pl . In the event of such consent, the Customer will receive the Newsletter as well as other commercial information sent by Elfa Pharm Polska sp. z o.o., sp. k on its behalf or third parties.
  • 10.2.
    The Customer may at any time unsubscribe from receiving the Newsletter and other commercial information by checking the appropriate box on the Online Shop website.
  • 11.1.
    Settlement of any disputes arising between Elfa Pharm Polska sp. z o.o., sp. k. and a Customer, who is a consumer within the meaning of Article 221 of the Civil Code, is submitted to the competent courts under the relevant provisions of the Code of Civil Procedure.
  • 11.2.
    Settlement of any disputes arising between Elfa Pharm Polska Sp. z o.o., sp. k. and a Customer, who is not a consumer within the meaning of Article 221 of the Civil Code, is subject to the court with jurisdiction over the seat of Elfa Pharm Polska Sp. z o.o., sp. k.
  • 11.3.
    The Online shop has implemented Personal Data protection and processing policy following the Act of 29 August 1997 on Personal Data Protection, as well as the Privacy Policy available from www.elfa-pharm.pl . The Customer has the right to inspect their Personal Data and to correct or delete it.
  • 11.4.
    In matters not covered in these Regulations, the provisions of the Polish Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, and other relevant provisions of the Polish law shall apply.
  • 1.
    Information on the exercise of the right of withdrawal constituting Annexes to the Act of 30 May 2014 (item 827) on consumer rights is available here - http://prawo.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20140000827
  • 2.
    A specimen of withdrawal statement from a distance Sales Contract is available below.
    ....................................................................
    Specimen statement of withdrawal from a distance contract
    ....................................................................., on ....................................................................
    first name, last name and address of the consumer
    Elfa Pharm Polska Sp. z o.o. Sp. k.
    ul. Krakowska 87A
    32-050 Skawina, Poland


    DECLARATION OF WITHDRAWAL FROM THE CONTRACT
    CONCLUDED AT DISTANCE


    I declare that under Article 27 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827) 
    I withdraw from the Sales Contract No. ........ concluded on ............................... regarding the purchase of commodities/services ...............................

    Customer’s signature
    ...............................
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