§1. Subject of regulation
These regulations define the rules of using the Online Store www.qethereal.com, placing orders for goods available in this store, delivering the ordered goods to the Buyer, paying the price by the Buyer for the purchased goods, the Buyer’s rights to cancel the order and withdraw from the contract, as well as the rules for submitting and considering complaints. These Regulations do not define the rules of sales, promotions or loyalty policies carried out by the Seller (loyalty cards, discounts, rebates, etc.).
Order fulfillment time – the time in which the Store will complete the order and deliver it to the carrier performing the form of delivery selected by the Buyer,
Sales document – a bill confirming the sale, in the form of a VAT invoice or receipt,
Working days – days of the week from Monday to Friday, excluding public holidays,
Form of payment – the method of payment of the price for the ordered goods, chosen by the Buyer when placing the order for the goods,
Delivery method – the method of delivery of the ordered goods, chosen by the Buyer when placing the order,
Registration form – a questionnaire available on the Seller’s website, the completion of which by the Buyer is a condition for the Buyer’s registration in the Seller’s sales system and for placing orders in the store,
Order form – a questionnaire available on the Seller’s website with the help of which the Buyer orders the goods,
Information – information about the product, located next to the photo of the product, which is a description of the most important terms and characteristics of a given product, enabling the Buyer to get acquainted with its properties,
Buyer – a natural person with full or limited legal capacity, a legal person or an organizational unit without legal personality, which uses the Online Store on the terms set out in these Regulations, in particular making purchases.
Consumer – a Buyer who is a natural person, placing an order, purchasing or otherwise using the Online Store for purposes not directly related to his business or professional activity,
Goods – movable items, presented in the Online Store, that may be the subject of a sales contract,
Regulations – these Regulations with attachments,
Online store, shop or Qethereal® store – website available at www.qethereal.com, run by Columbus Polska SA with its registered office at ul. Plac Konesera 5 /F0.01, 03-736 Warsaw through which the Buyer may order and purchase goods,
Seller – Columbus Polska SA with its seat in Warsaw,
Party – the Buyer or the Seller, jointly also referred to as the “Parties”,
Sales contract – a contract for the sale of goods, concluded between the Parties via the Online Store,
Order – an offer to conclude a sales contract with the Seller submitted by the Buyer via the Online Store,
Cart – a tab in the Store used to complete the order by the Buyer.
§3. Parties to the transaction
- Online store operating under the name “Qethereal®”, the Internet address www.qethereal.com , owned by Columbus Polska SA with its registered office in Warsaw, using the e-mail address: [email protected], which is a company further in the Regulations and in individual documents confirming transactions, it is referred to as the Seller.
- Buyers in the Qethereal® online store may be:
- a natural person with full legal capacity, a legal person with legal capacity, an organizational unit that is not a legal person, to which the law grants legal capacity.
- To successfully place an order and conclude a contract, it is necessary for the buyer to have an e-mail box.
- The sales contract is concluded between the Buyer and the Seller. Consolidation, security and disclosure of essential provisions of the concluded contract takes place by providing the Buyer with the shipment of the receipt confirming the purchase of the goods, in the form of a receipt or a VAT invoice.
§4. Ordering goods
- The Qethereal® online store sells via the Internet. All orders are accepted only via the website www.qethereal.com. To place an order, it is necessary for the Buyer to read these regulations and confirm this fact.
- All products offered in the Qethereal store are brand new, free from physical and legal defects, have the current shelf life (for products, i.e. coffee, tea, cookies, sugar, beverages, etc.) and have been legally placed on the market in the territory of the Republic of Poland. . The selected goods are ordered by filling in the form available on the website www.qethereal.com.
- The goods are ordered according to the following scheme:
- The Seller presents his goods by posting individual articles on the website www.qethereal.com ;
- The Buyer, having the Shopping Cart at his disposal, completes the order by selecting the Product (individual article) by clicking the “ADD TO CART” field – located under a particular item;
- after completing the entire order, the Buyer activates the order form by selecting the “PROCEED TO CHECKOUT” field, in which, by unchecking the appropriate boxes, he selects the method of delivery of the ordered goods and the form of payment;
- then the Buyer fills out the order form and places the order by sending this form to the Seller – by clicking the appropriate field in this form;
- each time, immediately before sending the order form to the Seller, the Buyer is given the total price of all selected goods (with the prices of individual items and their VAT rates) and the full cost of delivery of these goods in the form chosen by the Buyer;
- after placing the order, the Seller sends to the e-mail address provided by the Buyer (in the order form) confirmation of the order, including all essential elements of the order, such as the order number, the total price of the order (detailing the prices of individual items and the delivery price), delivery time order, form and approximate delivery date.
- The prices of all goods presented in the online store are gross prices (including the tax on goods and services “VAT”), expressed in Polish zlotys (PLN).
- The binding price for the parties to the transaction is the price of a given item, shown on the Store’s website at the time of placing the order by the Buyer.
The price of the goods does not include the costs of its delivery, but the information about the cost of delivery of the goods is provided when placing the order.
- The Seller reserves the right to change the prices of goods available in the Store and to carry out and cancel all kinds of promotional campaigns and sales. The change in the prices of goods does not apply to goods already ordered, the price of which provided at the time of ordering the goods is binding on the Parties.
- Each buyer can obtain special discounts and rebates on goods available in the Online Store. The rules for granting discounts and rebates are defined and published on the Store’s website by the Seller.
- When purchasing each Product, an invoice is issued in the form of a receipt or VAT invoice – as requested by the Buyer. The invoice is delivered to the Buyer in paper form together with the shipment containing the ordered goods.
- The conclusion of the contract by the Parties takes place when the Buyer receives confirmation of the order by the Seller. The condition for the acceptance and implementation of the order by the Seller is correct and complete (to the extent necessary) filling in the order form by the Buyer.
- The order will not be accepted by the Seller if the Buyer provides incomplete or incomplete data in the order form, preventing the Buyer’s verification and proper delivery of the goods.
- If it is not possible to contact the Buyer due to the incorrect address, e-mail address or telephone number, the order will be canceled after 5 working days.
- In the event of cancellation of the order, please contact the Buyer immediately.
- A proof of purchase (VAT invoice or fiscal receipt) is attached to each shipment. The sales document is issued according to the Buyer’s choice – made in the order form.
- Placing an order by the Buyer is tantamount to consenting to the storage by Columbus Polska SA of personal data contained in the order, in accordance with the Personal Data Protection Act.
- Filling in and sending the order form by the Buyer constitutes the submission of an offer to the Seller by the Buyer within the meaning of the Civil Code.
- The Seller’s confirmation of acceptance of the order using a means of distance communication (via e-mail) constitutes acceptance of the offer according to the content of the Seller’s declaration and determines the moment of concluding the contract (distance contract).
- Special conditions for the sale of items from sales and promotions are available while stocks or the pool of a given promotion lasts. Due to the limited number or quantity of items covered by the sale or promotion, orders placed after the stocks or promotion pool are exhausted will not be processed, about which the Buyer will be informed by phone or e-mail by the Seller (instead of confirming the order, the Seller will send the Buyer relevant information).
- Sales, promotions and other special conditions of sale, available only in the online store www.qethereal.com, are specially marked. Detailed rules of a given sale or promotion will be each time regulated in the regulations of a given promotion.
- Special price promotions available only in the online store may involve the purchase of a different item and are then valid only if the promotion conditions described in the Goods card are met. The number of items covered by the promotion is limited.
- The Seller has the right to refuse to accept the order, limit the method of payment or demand a prepayment if the order raises reasonable doubts as to the truthfulness and reliability of the data provided or the method of payment, and also if the performance of the order could expose the Seller to administrative, civil or criminal liability or threaten him with damage (including deprivation of image).
§5. Payment methods
- The Buyer has the right to choose the form of delivery of the Goods and the form of payment for the Goods together with the delivery. Information on the payment methods accepted by the Seller can be found on the Seller’s Store website. The Buyer selects the form of payment in the order form – by completing it in accordance with § 4 sec. 3.
- The seller accepts the following payment methods:
- payment by credit card via the Internet when placing the order, i.e. during the process of ordering the Goods. The Buyer uses a credit card to pay for the goods, and the order is processed on condition that the Seller obtains a positive authorization from the operator of electronic payments and the Buyer’s bank;
- Payment via the operator’s gateway – Przelewy24
- Payment via the operator’s gateway – PayPal
- Cash on delivery available for shipping methods: DHL Local, DPD Local, Paczkomaty Inpost
- The cost, date and method of delivery of the Goods result from the form of delivery selected by the Buyer in the order.
- Within five working days from the date of obtaining a positive authorization from the operator of electronic payments and the Buyer’s bank, or from the date of receipt of the full amount due to the Seller’s account, the goods along with the sales document in the form of a fiscal receipt or a VAT invoice issued at the Buyer’s request, are sent to the address indicated by the Buyer in the order form.
- After accepting the order and sending the order confirmation to the Buyer, the Seller waits up to 5 business days for a positive authorization from the electronic payment operator and the Buyer’s bank, or for the full amount to be credited to the Seller’s account. In the event of ineffective expiry of the above deadline, the order is automatically canceled, and the Buyer’s omission is treated as a withdrawal from the contract.
- The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.
§6. Delivery of goods
- Deliveries of goods ordered in the online store www.qethereal.com are carried out on the territory of the Republic of Poland and abroad.
- The seller delivers the ordered goods in the following forms of delivery:
- delivery to the address indicated by the Buyer via courier,
- delivery to the InPost “parcel locker” indicated by the Buyer.
- For deliveries within the territory of the Republic of Poland, the buyer is obliged to cover the delivery costs specified by the Seller when placing the order by the Buyer,
- For deliveries outside the Republic of Poland, the cost of delivery is determined individually. The regulations contained in § 4 sec. 3 points e and f apply.
- Unless the Buyer indicates a different delivery date to the Seller, the Seller sends the ordered goods to the address indicated by the Buyer within two working days from the date of obtaining a positive authorization from the operator of electronic payments and the Buyer’s bank, or from the date of receipt of the full amount due to the Seller’s account. along with the invoice and the withdrawal form.
- The ordered goods are delivered to the address indicated in the order form.
- The cost of delivery is borne by the Buyer and is given when placing the order.
- The Buyer is informed about the status of the order via e-mail.
- Receipt of goods must be confirmed by a written receipt. Upon receipt of the goods, the ownership of the goods and all risks related to the possession and use of the goods, in particular the risk of loss, destruction or damage to the goods, pass to the Buyer.
- When collecting the goods, the Buyer is obliged to check whether the shipment is damaged during transport and is in accordance with the order.
- All goods in the offer of the store www.qethereal.com are brand new and are covered by the manufacturer’s warranty. The warranty document is the sales document.
- Upon receipt of the goods, the Buyer is obliged to check the condition of the shipment.
- For physical or legal defects of the Goods, the Seller is liable to the Buyer who is a consumer – on the terms set out in art. 556 and following of the Civil Code (warranty).
- The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the goods to the Buyer who is a consumer.
- The claim of the Buyer who is a consumer for the removal of the defect or the replacement of the item sold for one free from defects expires after one year from the date of finding the defect. The limitation period may not, however, end before the expiry of two years from the date of delivery of the goods to the Buyer.
- A physical defect consists in non-compliance of the sold item with the concluded Agreement. In particular, the item sold is inconsistent with the Agreement if:
- does not have properties that this kind of thing should have, due to the purpose specified in the Agreement or resulting from circumstances or destination;
- does not have properties that the Seller has provided to the Buyer,
- it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the Agreement, and the Seller did not raise any objections to such purpose;
- was delivered to the Buyer incomplete.
- In the case of concluding a contract with a Buyer who is a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the Buyer (time of receipt of the goods).
- The Seller is liable to the Buyer if the sold goods (individual article) are the property of a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority (legal defect).
- If the goods have a defect, the Buyer who is a consumer may:
- submit a statement requesting a price reduction,
- submit a declaration of withdrawal from the Agreement,
- demand replacement of the product with a product free from defects,
- demand that the defect be removed.
- The Buyer may not withdraw from the Agreement if the defect is irrelevant.
- The buyer who is a consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the address indicated in paragraph 26 below, and if, due to the type of item or the way it was installed, the delivery of the item by the Buyer would be excessively difficult, the Buyer is obliged to make the item available to the Seller at the place where the item is located. In the event of failure by the Seller to fulfill the obligation, the Buyer is entitled to return the goods at the Seller’s cost and risk.
- The returned goods must be accompanied by an invoice or a receipt and a completed complaint form, which is available for download in the complaints tab. In the form, specify which option the customer is interested in: repair of the goods, replacement of the goods, refund.
- The Seller will respond to the Buyer’s complaint within 14 (fourteen) days. Otherwise, it is considered that the Seller considered the Buyer’s statement or request justified.
- The Seller, in the event of the Buyer’s request specified in point 9 a or b may replace the defective item with a non-defective one or remove the defect, provided that it is done immediately and without undue inconvenience to the Buyer.
- The Buyer who is a consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a defect-free one or, instead of replacement, demand the removal of the defect, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Buyer. The Seller, while assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Buyer would be exposed to another way of satisfying the claim.
- The Seller may refuse to satisfy the Buyer’s request if it is impossible to bring the defective item into compliance with the Agreement in the manner chosen by the Buyer who is a consumer or, compared to the second possible way of bringing the item into compliance with the Agreement, requires excessive costs.
- In the event of a price reduction, the reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.
- The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Buyer who is a consumer.
- In a situation where the defective item has been installed, the Buyer who is a consumer may request the Seller to disassemble and reinstall it after replacing it with a defect-free one or removing the defect. In the event of failure to perform this obligation by the Seller, the Buyer is entitled to perform these activities at the expense and risk of the Seller.
- The seller may refuse to dismantle and reinstall the item if the cost of these activities exceeds the price of the item sold. The buyer who is a consumer, in the case described above, may request the Seller to disassemble and reinstall, however, he is obliged to bear part of the costs related to it, in a value exceeding the price of the item sold, or may require the Seller to pay part of the costs of disassembly and reassembly, up to the price of the item sold.
- In the case of contracts concluded with Buyers who are not consumers within the meaning of Art. 22 1 of the Civil Code, pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty is excluded.
- In the event of pursuing one of the rights under the warranty before the Court or the Arbitration Court, the time limit for exercising other rights provided for by the Act, due to the consumer in this respect, shall be suspended until the final conclusion of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, but the time limit for the exercise of other warranty rights that the consumer is entitled to begins to run from the day the Court refuses to approve the settlement concluded before the mediator or the mediation is unsuccessful.
- The period for exercising the rights under the warranty for legal defects of the sold item starts from the day on which the Buyer who is a consumer learned about the defect, and if the Buyer learned about the defect only as a result of an action by a third party – from the date on which the judgment or decision authority issued in the dispute by a third party has become final or final.
- If, due to a defect in the item sold, the Buyer who is a consumer made a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered by having concluded the contract without knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible. liability, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent to which he benefited from them, and did not receive their reimbursement from a third party and the costs of the process. The above regulation is without prejudice to generally applicable regulations on the obligation to repair the damage on general principles.
- In the event of concealing the defect by the Seller, the expiry of the period does not exclude the rights under the warranty.
- The complaint address, i.e. the address for delivering or sending back the advertised goods, is: Omnipack sp. Z oo Fulfillment Center (FC4) ul. Szczecińska 49, docks 45-48 Panattoni Logistics Center, 66-400 Gorzów Wielkopolski.
- Complaints are considered within 14 days from the date of receipt by the Seller of the shipment with the goods complained about.
- The generally applicable legal provisions regulating the institution of warranty for defects can be found in the Act of April 23, 1964, Civil Code in Art. 556 et seq.
§8. Withdrawal from the contract
- Based on Article. 27 of the Act of 30/05/2015 on consumer rights, the Buyer who is a consumer who concluded a distance contract may withdraw from it without giving a reason and without incurring costs (subject to paragraph 2), by submitting an appropriate statement to the Seller within 14 ( fourteen) days from the date of delivery of the subject of the contract (ordered goods). The return / exchange form can be downloaded from www.qethereal.com in the My Account section. To meet this deadline, it is enough to send a written statement together with the returned product and the receipt before its expiry. Shipment to the address of Omnipack sp. Z oo Fulfillment Center (FC4) ul. Szczecińska 49, docks 45-48 Panattoni Logistics Center, 66-400 Gorzów Wielkopolski. COD shipments will not be accepted. The buyer, who is a consumer who concluded the contract directly at the business premises, may, within 14 (fourteen) days from the conclusion of the contract, exchange the purchased products for other products of the same value or more expensive, after paying additional fees.
- The declaration of withdrawal may be submitted on the form (the specimen of which is the Complaint Form available for download at www.qethereal.com ) received by the Buyer who is a consumer along with the goods. A model withdrawal form is also available on the website of the Qethereal® store. The declaration of withdrawal from the contract may also be submitted in a different form – pursuant to the provisions of the Act on consumer rights.
- In the event of withdrawal from the Agreement, the Agreement is considered void.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Buyer’s statement on withdrawal from the contract, return the payments made by the Buyer, minus the costs of delivering the goods.
- The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer who is a consumer has expressly agreed to a different method of return, which does not involve any costs for him.
- If the Seller has not offered to collect the goods himself from the Buyer who is a consumer, he may withhold the reimbursement of payments received from the Buyer until he receives the goods back or the consumer provides proof of its return, whichever occurs first.
- The buyer who is a consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the goods before its expiry.
- The buyer who is a consumer bears only the direct costs of returning the goods, unless the Seller has agreed to bear them.
- If the goods were delivered to the Buyer who is a consumer to his place of residence at the time of concluding the contract, the Seller is obliged to collect the goods at his own expense, if due to the nature of the goods it cannot be returned by regular mail.
- The buyer who is a consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
- In the event of a partial withdrawal from the contract, i.e. withdrawal regarding individual items delivered in accordance with the order, the above regulations shall apply accordingly.
§9. Personal data protection
- By placing an order in the Qethereal® online store, the Buyer agrees to the processing of his personal data for the purpose of implementing the sales contract. Providing personal data by the Buyer, to the extent necessary to perform the sales contract and its proper documentation, is mandatory, in the remaining scope depends on the Buyer’s consent to provide them.
- The personal data provided by the Buyer constitute the minimum necessary for the proper performance of the contract by the Seller and are used only for the purpose of:
- performance of the contract,
- informing about new goods, services and promotions offered by the Qethereal® store – if the Buyer agrees.
- The Seller is the administrator of the personal data of the Qethereal® online store. This data is not shared with third parties for marketing or any other purposes. The Buyer has the right to access, correct and delete his personal data at any time. In order to exercise these rights, the user may contact the store administrator by sending an e-mail to the following address: [email protected] or by post to the Seller’s address.
§10. Final Provisions
- All rights to the Qethereal® online store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the store’s website, as well as to patterns, forms, logos posted on the store’s website (except for logos and photos presented on the website of the store for the purpose of presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and or with the consent of the Seller.
- The Seller reserves the right to place advertising content on the website of the store regarding the goods offered, as well as goods and services of third parties, in the forms used on the Internet.
- It is forbidden to use the Online Store or the website of the store by the Buyer or third parties to send unsolicited commercial information.
- Information about goods posted on the store’s website does not constitute an offer within the meaning of art. 543 of the Civil Code. The presented presentation in the store does not constitute an offer within the meaning of the Civil Code, it is only an invitation to start negotiations (pursuant to Art. 71 of the Civil Code).
- By placing an order in the Qethereal® online store, the Buyer accepts the terms of sale resulting from the Regulations and obliges the Buyer to comply with the rules contained therein.
- Any disputes between the Parties will be settled by the court competent for the seat of the Seller, except for disputes to which the consumer is a party.
- In the event of a dispute arising out of or in connection with an agreement concluded on the basis of these Regulations, the Buyer who is a consumer may bring an action against the Seller before a competent common court. In this case, the rules provided for in the Code of Civil Procedure apply (the consumer may bring an action before the court competent for the place of residence / seat of the defendant, and in the event of an action for concluding a contract, determining its content, amending the contract and establishing the existence of the contract, performance, termination or annulment, as well as for damages due to non-performance or improper performance of the contract also before the court of the place of performance of the contract).
- The Seller is not responsible for blocking by e-mail server administrators sending messages to the e-mail address indicated by the Buyer and for removing and blocking e-mails by software installed on the computer used by the Buyer.
- In matters not covered by these regulations, generally applicable provisions of Polish law shall apply.
- The Regulations do not exclude or limit any rights of the Buyer who is a consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, these provisions shall prevail.
- The Seller reserves the right to change the Regulations for important technical, legal and / or organizational reasons, however, all orders placed before the date of introduction of changes will be subject to the provisions of the previously applicable Regulations.
The registered Buyer will be informed about the change of the Regulations 14 days in advance, placing an order in the Qethereal® online store after this date means acceptance of the sales rules resulting from the changes to the Regulations. The changed Regulations will be published on the Store’s website.
- The Regulations may be recorded, acquired and reproduced by printing them or saving them on an appropriate data carrier.
- The model withdrawal form is attached to these Regulations.
- The Regulations come into force on 01/10/2021