TERMS & CONDITIONS

Terms & Conditions

LAST UPDATED: 16/08/2018

General provisions

  1. Online The Cold Pressed Powders store, as available under the address: shop.thecoldpressedpowders.com.pl, is an electronic sales platform maintained by The Cold Pressed Juices. The Cold Pressed Juices sp. z o.o. . located in Warsaw (00-870), ul. Wronia 45/91, registered in the District Court for the city of Warsaw, XII Commercial Department of the National Court Register under the KRS No: 0000629451, NIP: 5272770507 (hereinafter referred to as: „Service Provider” or „Seller”).
  2. These Terms and Conditions regulate the use of the Store by both the end Consumers as well as entrepreneurs. The provisions of these Terms and Conditions shall not limit or exclude any consumer rights granted by relevant provisions of the law – any such discrepancies shall be interpreted in the benefit of the Consumer. In the case of any discrepancies between these Terms and Conditions and the provisions of civil laws, the latter shall precede.
  3. The Seller is the Administrator of the Personal Data processed in connection with the conducting of the Sales Agreement and the delivery of the Services (the Seller’s contact details as provided in point 1.1 above). Personal Data is processed within the purpose, scope and rules as described in the Privacy Policy published on the Online Store website. The provision of personal data is voluntary, however the lack of such data shall make the delivery of the Services and the use of the Electronic Services impossible. Each person, whose personal data is processed in connection with the use of the Online Store, has the right to review, amend, update his/her personal data as well as to demand its removal. Prior approval to process personal data granted can be withdrawn at any time.
  4. Definitions:
    1.4.1 WORKING DAY – any day from Monday to Friday excluding statutory work-free days.
    1.4.2 ORDER FORM – a form available on the Online Store used to submit customer Orders.
    1.4.3 CLIENT – a customer, who has conducted a Sales Agreement with the Seller.
    1.4.4 KODEKS CYWILNY – ustawa kodeks cywilny z dnia 23 kwietnia 1964 r. (t. j. Dz. U. z 2017 r., poz. 459 ze zm.).
    1.4.5 5. CONSUMER – a customer conducting with an entrepreneur, including the Seller, a legal act, which is not directly related to his/her commercial or professional activity.
    1.4.6 6. ACCOUNT – Online Store’s functionality under an individual name (ID or email address) and secured with a password provided by the Customer, maintained in the Seller’s electronic system, containing information on the Customer, including those related to the Orders placed.
    1.4.7 7. PRODUCT – a food supplement available in the Online Store, as per the act of 25 August 2006 on Food Safety (Dz.U. 2017, item. 149 further amended.), or any other product available on the Seller’s offer, including smoothie flask, kitchen caddy, fitness jewellery and scented candles, being the object of the Sales Agreement between the Client and the Seller.
    1.4.8 8. TERMS AND CONDITIONS – this Terms and Conditions document.
    1.4.9  ONLINE STORE – Seller’s Online Store available under the address: www.zojoelixirs.com.
    1.4.10 SELLER, SERVICE PROVIDER – The Cold Pressed Juices sp. z o.o. . located in Warsaw (00-870), ul. Wronia 45/91, registered in the District Court for the city of Warsaw, XII Commercial Department of the National Court Register under the KRS No: 0000629451, NIP: 5272770507.
    1.4.11 11. SALES AGREEMENT – Product Sales Agreement concluded between the Client and the Seller via the Online Store.
    1.4.12 12. ELECTRONIC SERVICES – electronic services provided under the act of 18 July 2002 on provision of electronic services (Dz. U. 2016, item 1030 further amended, hereinafter referred to as: „act on provision of services by ways of electronic means”).
    1.4.13 13. CUSTOMER – private person, including a Consumer, who is fully capable to conduct legal activity and/or is at least 13 years old, (in the case such a person is younger than 13 years a custodian’s prior approval is required), as well as any legal person.
    1.4.14 14. ORDER – the Customer’s statement of will leading to the conducting of the Products Sales Agreement with the Seller, describing the type and quantity of the Products as well as any other conditions as defined by law.

Type and scope of electronic services

  1. The Service Provider conducts the following Electronic Services via the Online Store:
    1. Allowing the placing of an Order by filling in the Order Form.
    2. Providing the Terms and Conditions, Order Form, Online Store offer and Privacy Policy.
    3. Maintaining an Account in the Online Store.

Terms and conditions of the provision of the electronic services

  1. Remuneration:
    1.   1. The provision of the Electronic Services by the Service Provider is free of charge.
  2. Period of the Agreement:
    1. The Electronic Services Agreement in relation to the placing of an Order in the Online Store via the Order Form is conducted for an unlimited period of time and shall be terminated on placement of the Order.
    2. The Electronic Services Agreement in relation to the maintaining the Account in the Online Store is conducted for an unlimited period of time. It shall be conducted upon filling in the Order Form or the New User Account Set Up Form.
    3. The Electronic Services Agreement in relation to the access to the Terms and Conditions, Order Form, Online Store offer and Privacy Policy is conducted upon displaying of the Online Store website and is valid until the website is closed.
  3. Technical requirements to use the Online Store:
    1. Computer with Internet access.
    2. Mailbox access.
    3. Enabling Cookies in the user’s Internet browser.
  4. Customer Obligations
    1. The Customer is obliged to use the Online Store according to the law and good practices, including respecting any third party intellectual property law.
    2. The Customer is obliged to provide true, actual, up-to-date and complete personal data. The Seller retains the right to refuse the delivery of the Order in such a case when the data provided is inaccurate to the extent, that it is impossible or extremely difficult to fulfil the Order or deliver the Products.
    3. The Customer is not allowed to deliver any illegal content.
    4. The use of the Electronic Services, like any other use of the Internet, is subject to typical risks on the Customer side. In particular such risk may include the risk of viruses aiming at spying the Customer’s data or theft of important data, causing malfunctioning of the operational system, spam, data removal etc. The Service Provider has set up its own Internet security procedures to assure the safety of the data transfer, however the Consumer shall assure its own due care when using the Internet.

Terms of entering into the sales agreement

  1. Adverts, announcements, price lists and any other information published on the Products on the Online Store website, in particular the Products descriptions, qualities and prices, shall constitute the invitation to conduct the agreement in the understanding of art. 71 of the Civil Code.
  2. The Product Price published on the Online Store website is in Polish złoty, or in EURO, and it includes all items, including VAT. The prices published do not include any delivery or payment costs, which are indicated during the placing of an Order. The prices do not include any custom duties in the case of the delivery address being outside of the territory of Poland.
  3. The price of the Product as shown on the Online Store website is valid on the moment of placing the Order by the Client. Such price shall not be changed in the case of any changes to the prices of Products in the Online Store, that may occur after the placing of the Order by the Client.
  4. Conducting the Sales Agreement
    1. A prior Order Placement by the Client is required for the proper conducting of the Sales Agreement.
    2. After the placing of the Order, the Seller confirms, with no delay, the receipt of the Order and the acceptance of the Order for execution, which shall constitute the binding of the Client with the Order.
    3. The confirmation of the receipt of the Order and the acceptance of the Order for execution shall be executed by sending the Client an email, which shall include:
      1. Confirmation of all relevant elements of the Order.
      2. Confirmation of the receipt of the Order by the Seller.
      3. Seller’s acceptance of the Order for execution (acceptance of the offer).
      4. A link to the website containing these Terms and Conditions.
    4. Based on the Sales agreement the Seller is obliged to deliver the Product free of any faults.

Payment methods

  1. The Seller accepts the following payment methods:
    1. Prepayment by PayPal.
    2. In the case of prepayment the lack of receipt of the funds by the Seller or the electronic payment system provider used for the payment within 5 working days from placing the Order shall mean the cancellation of the Order. In such a case another order may be placed and a new payment method selected.
    3. The execution of the Order for which a credit card or bank transfer payment was chosen shall start on receipt of the payment for the goods.
    4. The Seller retains the right to change the prices of its products in the Online Store, to include new products for sale, to conduct promotional activities on the Online Store website, or to make any changes to such promotional activities. Such changes shall not amend any rights previously acquired arising out of Sales Agreements for Products offered by the Online Store prior to introducing the changes.

Costs, timing and delivery methods

  1. The Seller offers the following delivery methods:
    1. Courier services provided by UPS 
    2. Personal pickup at: Zgoda 3 in Warsaw at a time and date agreed with the Seller.
  2.   2. Any delivery costs are indicated during the placing of the Order and depend on the method and delivery address as well as the payment options chosen by the Client.
  3. The timing for delivery indicated when summarising the Order placed is the most probable timing for dispatching the items to the Client. The deadline for delivery of the Products to the Client shall be maximum 30 working days.
  4. Should the Seller not be able to meet the above deadline for the delivery of the Products, he shall immediately inform the Client of a new probable delivery date.

Termination of the electronic services agreement

  1. Termination of the Electronic Services Agreement:
    1. An indefinite period Electronic Services Agreement (e.g. the agreement for maintaining the Account in the Online Store) can be terminated.
    2. The Customer may terminate the Agreement with immediate effect and without providing any reason by sending a relevant statement by email to: info@thecoldpressedjuices.com.pl. 
    3. For Customers, who are Consumers, in the meaning of the Consumer Protection Act, the Seller can terminate the Electronic Services Agreement should the Customer grossly or persistently breach the Terms and Conditions, in particular when he or she delivers illegal content, after at least one unsuccessful summoning to stop such breach within a defined period of time. The breach of the Terms and Conditions has to have objective legal grounds. In such a case the Electronic Services Agreement shall expire within 14 days after the termination notice is delivered by the Service Provider to the Customer. (termination period).
    4. For Customers, who are not Consumers, the Service Provider may terminate the Electronic Services Agreement with immediate effect and without providing a reasonby delivering a relevant termination notice to the Customer.
    5. The Service Provider and the Customer may terminate the Electronic Services Agreement at any time based on a mutual understanding.

Complaints procedures

  1. Complaints relating to the Products being not in accordance with the Sales Agreement:
    1. The basis for complaints arising out of discrepancies between the Product received and the Sales Agreement conducted are regulated in particular by the act of 30 May 2014 on consumer rights (Dz.U. 2017 item 683 further amended, hereinafter referred to as „Consumer Protection Act”).
    2. Notifications on discrepancies between the Sales Agreement and the Products received as well as any requests in relation to the above (hereinafter: „Complaint”) shall be delivered by email to: info@thecoldpressedjuices.com.pl
    3. The Complaint should include the Client’s name, and surname, (or a company name), correspondence address, type and date of the reasons for the Complaint and a request for the desired action.
    4. The Seller shall, with no delay, but no later than within 14 days from receipt of the Complaint, respond to the Complaint. The Seller’s response to the Complaint shall be sent to the address provided in the Complaint or in any other way as indicated by the Client.
    5. The Client may use outside-the-court means of handling the Complaint and relevant claims. Arbitration is available online at the EU online platform available at: http://ec.europa.eu/consumers/odr/.
  2. Complaints in relation to Electronic Services provided by the Seller, as well as other complaints in relation to the functioning of the Online Store:
    1. Complaints in relation to Electronic Services provided by the Seller, as well as other complaints in relation to the functioning of the Online Store can be sent by email to: info@thecoldpressedjuices.com.pl
    2. The Complaint shall include the Clients name and surname (or company name), correspondence address, type and date of the reason for the Complaint and a request for action expressed.
    3. It is advised to provide as much information as possible in the Complaint email in order to enable the Seller to process the Complaint efficiently and without delay.
    4. The Seller shall respond to the Complaint with no undue delay, but no later than within 14 days from its receipt.
    5. The Seller’s response to the Complaint shall be provided to the email address indicated in the Complaint or in writing to any other address indicated by the Customer.

The right to withdraw from the agreement

  1. The Customer (Client) who is a Consumer, who conducted the Product Sales Agreement („distant” sale agreement), has the right to withdraw from such agreement without giving any cause, by submitting a relevant within 14 days (14) and by returning the Product (which shall be complete, not opened, in original packaging and with no visible signs of use). It is enough to send the statement within the 14 days in order to keep the term. The statement shall be sent by email to: info@thecoldpressedjuices.com.pl. The Product shall be returned to the Seller within maximum 14 days from sending the statement on withdrawal from the Sales Agreement.
  2. The 14 day term shall be calculated from the moment of receipt of the goods, and should the Agreement relate to the provision of Electronic Services – from the day of conducting such Electronic Services Agreement.
  3. The Consumer shall bear the direct costs of returning the Products.
  4. An example form of the statement on withdrawal from the Sales Agreement is attached as appendix no 1 to these Terms and Conditions.
  5. In the case of the withdrawal from the Agreement, it shall be considered never conducted, and the Consumer is released from any obligations. Whatever the obligations of the Parties have to be returned unchanged.
  6. The Service Provider (Seller) shall refund the Consumer to the bank account indicated by the Consumer, within 14 days from receipt of the statement of withdrawal, together with the Product.
  7. The Consumer shall not have the right to withdraw from the Agreement in the case of agreements relating to:
      • Goods delivered in sealed packaging, which may not be returned after the opening of the sealers due to health or hygienic concerns or if the packaging has been opened after delivery,
      • Goods that become inseparable with other goods after the delivery,
      • Goods with short expiry terms.

Final provisions

  1. Agreements conducted by the Online Store are regulated by Polish law.
  2. Should any of the provisions of these Terms and Conditions prove to be null or void, they shall not affect the validity of the remaining provisions. The Seller shall do his best to assure that such invalid provision is replaced with a new, valid one.
  3. Changes to the Terms and Conditions:
    1. The Seller retains the right to change the Terms and Conditions for important reasons, in particular due to: changes in law, changes in delivery or payment methods, changes in Electronic Services – within the scope of such changes affecting these Terms and Conditions.
    2. The changed Terms and Conditions shall bind the Customer provided that the provisions of article 384 of the Civil Code were fulfilled i.e. the Customer was properly notified of the changes and he/she has not terminated the Electronic Services Agreement within 14 days from receipt of such notification.
    3. The changes of the Terms and Conditions shall not affect the rights acquired by the Customers, being Consumers, who were using the Online Store prior to introducing the changes, in particular the changes to the Terms and Conditions shall not affect any Orders already placed, or any concluded, or executed Agreements.
    4. Should the change of the Terms and Conditions introduce any new fees or increase of fees, the Consumer has the right to withdraw from the Agreement.
    5. Copyright of all information, text, images, illustrations, video clips and other materials featured on this site is owned by or licensed to the Seller. All intellectual, whether the Seller’s or third parties, property rights on the website should be respected at all times. The users of the website are authorised to view, print, or distribute the materials on this website subject to the following conditions:
      1. The materials are used for non-commercial purposes
      2. They are used for informational purposes only
    6. The contents of our website are provided for general information purposes only. They do not constitute advice.  The Seller’s publications should not be relied upon as constituting any professional advice and relevant professional advice should be obtained from a qualified professional before making any decision or taking any action or refraining from taking action.  To the fullest extent allowed by law, the Seller does not accept liability for any loss or damage which may arise from reliance on the information on this website.
    7. We endeavor to keep the website running smoothly, however we take no responsibility for, and will not be liable for, the website being temporarily out of service due to technical issues that are beyond our control. You hereby acknowledge that you will not be entitled to claim any damages for such interruption of the website’s availability.
    8. The Seller’s website contains links to other websites of interest, however it does not imply the Seller’s endorsement of such sites. The Seller has no control over the nature, content or availability of such websites neither has the Seller reviewed their contents thoroughly. The Client must be aware that once he or she visits such links to other websites the Seller no longer has any control over such websites and therefore he shall not accept responsibility for the protection and privacy of any information the Client provides to such sites and they are not governed by the Seller’s privacy policy. Linking to any such third party websites is at the Client’s own risk.
  4. In matters not regulated in these Terms and Conditions, Polish law applies, in particular the provisions of the Civil Code, Act on Provision of Services by ways of Electronic Means, Consumer Protection Act.
  5. Dispute settlement:
    Any disputes between the Seller and the Client (who is the Consumer in the understanding of art 221 of the Civil Code, shall be resolved by public courts according to the provisions of the Civil Procedures Code dated 17 November 1964 (Dz.U. 2016 item 1822 further amended).

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