I. General provisions
- Full Spectrum Internet Shop available at the following address www.fullspectrum.pl, is run by Canna Hemp Lab sp. z o.o. with its registered seat in Radom, ul. Focha 14/8, 26-610 Radom, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register under the KRS number: 0000800439, NIP: 7010941914, REGON: 384183477, with the share capital amounting to 15 000 PLN.
- A condition of using the Store is the acceptance of all the Terms and Conditions below. Acceptance constitutes a statement of intent and creates a legal obligation between the Customer and the Vendor.
- The following Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the principles of use of the Online Store and the principles and procedure for concluding remote sales agreements with the Customer through the Store.
- The Terms and Conditions are available at any time through the Store. The Terms and Conditions are available in the Store in a printable form.
The terms used in the Terms and Conditions shall mean:
- Terms and Conditions – the following regulations of the Store.
- The Vendor – Canna Hemp Lab sp. z o.o. located in Radom, ul. Focha 14/8, 26-610 Radom, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register under the KRS number: 0000800439, NIP: 7010941914, REGON: 384183477, with the share capital amounting to 15 000 PLN.
- Store – the online store operated by the Seller at the Internet address www.fullspectrum.pl.
- Product– a movable item available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
- Customer – any entity making purchases through the Store.
- Consumer – a natural person concluding an agreement with the Seller for the sale of Products for his/her own use within the framework of the Store, whose subject matter is not directly related to his/her business or professional activity.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, doing business on its own behalf, concluding an agreement with the Seller for the sale of Products in the Store.
- Distance agreement – an agreement concluded between the Store and the Customer within an organized system of distance contracting, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
- Sale Agreement – a contract of sale of a Product concluded between the Client and Vendor through the Store.
- Registration form – a form available in the Store, allowing to create an Account.
- Account – Customer’s account established in the Store, it collects data given by the Customer and historical information on Orders placed by them in the Store.
- Order – Customer’s declaration of will placed via the Order Form and aimed directly at concluding a Sales Agreement for Products with the Vendor.
- Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery method and payment method.
- Cart – an element of the Store’s software, which displays the Products selected by the Customer for purchase and their price, as well as the possibility of determining and modifying the Order’s data, in particular the quantity and type of products.
- Price – the gross price of the Product placed next to information about the Product, not including delivery costs. The price is expressed in Polish zloty and includes value added tax (VAT).
- Delivery costs – charges for delivery of ordered Products to the delivery address provided by the Client. Delivery costs are expressed in Polish zloty and include value added tax (VAT). Pricelist of Delivery Costs is located in the “Delivery Costs” tab.
- Total order price – the sum of the Price and Delivery Costs indicated in the transaction summary.
III. Technical requirements
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
- broadband internet access,
- an operating system (such as iOS, Microsoft Windows XP, 7 or Vista and later),
- an active electronic mail (e-mail) account,
- pop-ups enabled,
- cookie files enabled,
- FlashPlayer installed.
IV. Contact with the Store
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
- The Vendor’s email address: [email protected].
- The Customer may communicate with the Seller by phone during working hours 10 – 18 by calling the following phone number of the Vendor: +48 22 164 78 91.
V. General provisions
- Trade information – price lists, descriptions, advertisements and other information about the Products on the Seller’s Store Page constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- By placing an Order in the Store, the Customer confirms that he or she has full legal capacity to act and to incur legally binding obligations.
- The Client is obliged to enter data into the Order Form and the Registration Form that are consistent with the actual state of affairs, consistent with the law and good manners. The data provided may not violate personal rights or property rights of third parties.
- The Vendor is liable for value added tax (VAT) and issues a sales document – receipt or invoice – for each sale of the product.
- Prices given in the Store are in Polish zloty and are gross prices (they include VAT).
- The Vendor is not responsible for disruptions, to the fullest extent permitted by law, for interruptions in the operation of the Shop caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Client’s technical infrastructure.
- The end (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal charges), of which the Customer is informed on the Store’s website when placing an Order, including at the moment of expressing willingness to be bound by the Sales Agreement.
- The store offers three categories of Products in its inventory:
- CBD oils,
- Dried hemp,
- Hemp food.
- Information about the Products, such as a photo, a detailed description and – if applicable – the ingredients, is available on the Store’s websites, in the descriptions for individual Products.
- All goods offered in the Store Products are brand new, free from physical and legal defects and have been lawfully placed on the market.
VII. Account in the Store
- Browsing the Store’s inventory does not require creating an Account. Placing orders for products in the Store’s inventory by the Customer is possible either after creating an Account, or by providing the necessary personal and address data to allow the Order to be processed without creating an Account.
- Creating an Account in the Store is free.
- In order to create an Account, the Registration Form must be filled in with the Customer’s details. The Registration Form contains clearly marked fields, the completion of which is mandatory. It is necessary to provide the following data: name, surname, e-mail address,billing address (country, street, postal code, city), telephone.
- After completing and submitting the Registration Form by the Customer, the Seller shall send confirmation of Account creation to the e-mail address provided by the Customer. At this moment the process of creating an Account will be completed.
- Logging into an Account is done by providing a login and password established in the Registration Form.
- The customer has the opportunity to delete their account at any time, without giving any reason and without incurring any fees on this account, by sending an appropriate request to the seller, in particular by e-mail.
VIII. Order placement process
- The Client places an Order using the Order Form and the Shopping Cart.
- In order to place an Order, it is necessary to:
- select the Product that is the subject of the Order and then click the “Add to cart” button,
- log in or use the option of placing an Order without registration,
- if the option to place an Order without registration has been chosen – fill in the Order Form by entering the data of the Order recipient and the address to which the Product is to be delivered, choose the form of delivery (method of delivery of the Product), enter the data for the invoice, if different from the data of the Order recipient,
- click the “Buy and pay” button – clicking this button entails the obligation to pay. By doing so, the Customer accepts the selected Products according to their description, quantity and Price and expresses his/her will to purchase them in accordance with the Terms and Conditions,
- choose one of the available payment methods and, depending on the payment method, pay for the Order within 1 business day.If the Total Order Price is not credited to the Seller’s bank account by the end of this period, the Order will be cancelled.
IX. Delivery and payment terms
- The Customer may use the following delivery methods for the ordered Product:
- Inpost shipment (parcel machine)
- Fedex courier delivery,
- The Customer shall pay the Total Price of the Order by online payment through the PayU or Stripe payment system,
- Detailed information about costs and methods of delivery and acceptable methods of payment can be found on the Store pages.
X. Order fulfillment
- Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with Chapter VIII. of the Terms and Conditions and then paying for it.
- After registering the Total Order Price on the bank account the Vendor, not later than within two working days, prepares the Order for dispatch. Confirmation of acceptance of the Order for processing is made by the Vendor sending the Client an appropriate e-mail message to the e-mail address provided by the Client during the placement of the Order, which contains at least statements of the Vendor about receipt of the Order and its acceptance for processing and confirmation of conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message the Sales Agreement between the Client and the Vendor is concluded.
- If the Customer – regardless of the reason – does not collect the shipment – the Vendor has the right to withdraw from the contract as of the date of return receipt of the uncollected shipment.
- Delivery of the Products takes place within the European Union.
- The delivery of the Products to the Customer is chargeable. Costs of Product delivery (including fees for transport, delivery and postal services) are indicated to the Client on the pages of the On-line store under “Delivery Costs” and during the placement of the Order, including at the moment of expressing by the Client the will to be bound by the Sales Agreement.
- In case of shipping outside Poland, shipping costs and delivery time are determined individually.
XI. Right to withdraw from the Sales Agreement
- The Consumer can withdraw from the Sales Agreement within 14 days without giving any reason.
- The right of withdrawal from the Sales Agreement does not apply to the following Products:
- that are quickly perishable or have a short shelf life,
- in which the subject matter of the supply is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery,
- A Customer who is not a Consumer is not entitled to withdraw from the Sales Agreement.
- The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
- The Consumer may withdraw from the Sales Agreement by making a unilateral statement of withdrawal from the Sales Agreement to the Seller. For the purpose of exercising the right to withdraw from the Sales Agreement, the Consumer may use the model form of the Sales Agreement withdrawal statement. Model form of withdrawal from the Sales Agreement is available on the website of the Store. The use of this model is not mandatory.
- To meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send a statement before the deadline.
- The statement may be sent by traditional mail to the e-mail address of the Seller or electronically by sending the declaration to the e-mail address of the Seller given in section IV. of Terms and Conditions.
- In the case of sending a statement by the Consumer electronically, the Vendor shall immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of statement of withdrawal from the Sales Agreement.
- In the case of withdrawal from an Agreement concluded at a distance, the Sales Agreement shall be deemed not concluded.
- The Consumer should return the Product to the Vendor’s address provided in these Terms and Conditions immediately, but not later than 14 days from the date on which he made a statement of withdrawal. To meet the 14-day deadline it is enough to send back the Product before its expiry.
- The Consumer shall bear the costs for returning the Product (e.g. packaging, protection, or postage costs), as well as the costs for returning the Product if the Product could not be sent back by post due to its nature.
- The Vendor does not accept shipments sent by “cash on delivery”.
- The return shipment should be adequately protected against damage in transit.
- The Vendor shall return to the Consumer immediately, but not later than within 14 days, payments made by him, including the costs of delivery of the Product, except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Vendor. The Vendor may withhold reimbursement until receipt of return of the Products or proof of their return, whichever event occurs first.
- Reimbursement of payments will be made by the Vendor using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution, which will not be associated with any costs to them.
- The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
XII. Complaint Process
- The Vendor is obliged to deliver the Product to the Customer free from defects. In case of defects in goods purchased from the Vendor, the Customer has the right to make a claim under the warranty provisions of the Civil Code. The Vendor is exempt from liability under the warranty if the Customer knew about the defect at the time of conclusion of the contract.
- The Customer must notify the Vendor of their claim under the warranty within one year from the date of noticing the defect. However, no later than within 2 years from the delivery of the Product. The complaint should be submitted in writing to the address of the Seller or electronically to the e-mail address given in Chapter IV. Regulations.
- The complaint should contain the data of the person submitting the complaint (name and surname, mailing address, e-mail address, contact telephone number, optional photo of the damage to the product), indication of the reason for the complaint and the content of the request. If possible, complaints about Products or delivery should also include the transaction number (it is visible in the confirmation of acceptance of the Order). The original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the lodging of a complaint, but is not necessary to lodge it.
- If the goods sold have a defect, the Customer may submit a statement requesting a reduction in price or withdrawal from the contract, unless the Vendor immediately and without undue inconvenience to the Customer will replace the defective item for one free from defects or remove the defect. This restriction shall not apply if the item has already been replaced or repaired by the Vendor or the Vendor has failed to satisfy the obligation to replace the item with a defect-free item or remove the defect.
- If the Client is a Consumer, he/she may instead of defect removal proposed by the Vendor to replace the item with a defect-free one or instead of the replacement of the item demand the removal of the defect, unless bringing the item to conformity with the agreement in the way selected by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and importance of the defect, as well as the inconvenience to which the Client would be exposed by another way of satisfaction shall be taken into account.
- The reduced price shall be in such proportion to the Price under the contract as the value of the thing with the defect remains to the value of the thing without the defect.
- The customer may not withdraw from the contract if the defect is insignificant.
- The Vendor shall respond to the Client’s complaint immediately, no later than within 14 days. In the case of claims by the Consumer, failure by the Seller to respond to the complaint within this period will result in recognition of the claim.
- The Vendor shall notify the person submitting the complaint of the manner of processing the complaint by letter sent to the address specified in the complaint or by e-mail – depending on the method of complaint submission.
- Goods sent back within the complaint procedure should be sent to the Vendor’s address.
- The Vendor bears the costs of shipping the Products under the filed complaint.
- If a guarantee has been granted for a Product, information about it, as well as its content, will be included in the description of the Product in the Store.
- Reimbursement of payments in the case of positive resolution of the complaint will be made immediately after receipt by the Consumer of information about how the complaint was handled. The Vendor will will make the reimbursement using the same methods of payment that were used by the Consumer in the original transaction.
XIII. Out-of-court ways of dealing with complaints and making claims
- In the event of a dispute with the Seller or any doubts about their rights, the Consumer has the opportunity to use out-of-court complaint handling and claim investigation methods.
- Detailed information about the possibility of using by the Consumer the out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available in the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following addresses 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.
- The consumer has the following examples of out-of-court complaint and redress procedures:
- A Consumer shall be entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (i.e. Journal of Laws of 2019, item 1668, as amended), with a request to resolve a dispute arising from a Sales Agreement concluded with the Vendor.
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (i.e. Journal of Laws of 2019, item 1668, as amended), to initiate mediation proceedings for the amicable termination of the dispute between the Consumer and the Vendor.
- A Consumer may obtain free assistance in resolving a dispute between him and the Vendor, also using the free assistance of county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
XIV. Personal data protection
XV. Final provisions
- Contracts with the Seller shall be concluded in Polish.
- In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on Personal Data Protection.
- If any provision of these Terms and Conditions is held to be illegal, invalid or otherwise unenforceable to the extent provided by law, then to that extent it is excluded. Otherwise, the Terms and Conditions shall remain in effect.
- All names of Products offered for sale by the Internet Shop are used to identify Products may be protected and reserved under the provisions of the Industrial Property Law.
- The Vendor reserves the right to unilaterally make changes to the content of the Terms and Conditions – maintaining the principle that the Client is bound by the Terms and Conditions accepted by him during the reservation and the Vendor allows the Clients to access the archival versions of the Terms and Conditions.
- All photos on the website are protected under the Act of 4 February 1994 on Copyright and Related Rights – (Journal of Laws of 2019, item 1231, as amended) – they have a creative and individual character. They cannot be copied without the consent of the Vendor.
- The consumer has the right to use out-of-court complaint and redress procedures. For this purpose, he can submit a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
- Any disputes arising from the implementation of the Sales Agreement, in the absence of an amicable solution, shall be considered by the competent common court as determined by the provisions of the Act of 17 November 1964, Code of Civil Procedure.