Terms and Conditions

 

 

1. These terms and conditions specify the rules for making purchases in the Purella.pl online store - http://purella.pl/ operated by Foodwell Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (00-446), at 5 Fabryczna Street, 00-446 Warsaw, entered in the register of entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, under KRS number 000096872, NIP: 5211501724, REGON: 012272090.
2. The terms used in these terms and conditions mean:
1. Customer - a natural person (having full legal capacity) or legal entity that has made or intends to make a purchase in the Purella.pl online store. A customer may be either a consumer or an entrepreneur,
2. Seller - Foodwell Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (00-446), at 5 Fabryczna Street, 00-446 Warsaw, entered in the register of entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000968772, NIP: 5211501724, REGON: 012272090,
3. Store - online store maintained by the Seller at http://purella.pl/,
4. Consumer - pursuant to the Civil Code Act of April 23, 1964, a user who, as a natural person, performs a legal act not directly related to their business or professional activity. For the purposes of these Terms and Conditions, consumers also include sole traders entering into agreements that are not professional in nature arising from the subject matter of their performed activity,
5. Terms and Conditions - this document together with all annexes.
3. The Store offers dietary supplements, food products, and kitchen accessories for retail sale via the internet. The above products are available through the Store in the form of finished products.
4. Detailed information about the products is available on the website http://purella.pl/, as well as by email at the Seller's email address.
5. The Customer may contact the Seller by post at the address specified in point 2b and electronically at the email address: sklep@purella.pl and by phone at: 697 030 567.

 

1. To be able to place an order through the Store, the Customer must meet the following technical requirements:
1. have a computer, laptop, or other device with internet access,
2. have access to email,
3. use an internet browser (the latest version is recommended),
4. use a minimum screen resolution of 1024x768,
5. enable the browser to save cookies.
2. The online store provides electronic services in the form of:
1. an order form,
2. a newsletter,
3. a chat,
4. a contact form.
3. The Store does not charge any fees for providing the above services.
4. The above services are provided for an indefinite period. The Customer may at any time, without giving any reason, withdraw from a given service by sending a relevant email to the Seller's email address. The Customer may withdraw from the agreement to provide any of the services without giving any reason within 14 days from the date the order was placed using the method specified above.

 

1. The agreement is concluded between the Seller and the Customer.
2. All prices given on the Store website are gross prices (including VAT) specified in Polish zlotys. Product prices do not include shipping costs.
3. Where applicable to a given product, the Seller shall exercise due diligence to ensure that product photos reflect their color, character, texture, and condition. Product colors in photos may differ slightly from reality due to, among other factors, different resolutions, calibrations, and screen brightness of the Customer's computer on which the photos are displayed, or the use of a camera flash. For this purpose, the Store provides a product description and its color in addition to the photo. If in doubt, please contact the Seller in advance.
4. Orders may be placed using the Store website with the Order Form (without registration) or by using a user account. The Seller does not conduct telephone sales or sales via email.
5. To make a purchase, the Customer selects the products they are interested in in the Store by clicking the appropriate button. After finishing selecting products, the Customer proceeds to the tab where they specify the delivery method and payment for the products.
6. Then the Customer clicks the "Order and pay" button, which redirects the Customer to a page containing information about the order being placed. This information includes, among other things: the main characteristics of the ordered goods, the total price including taxes and delivery fees, and the Customer's data provided in the order form.
7. To place an order, the Customer is obliged to confirm the placement of the order by clicking the "Order and pay" button located under the order summary.
8. Clicking the "Order and pay" button is equivalent to the Customer's declaration of awareness that placing the order entails a payment obligation.
9. The sales agreement is concluded at the moment the Customer confirms the placement of the order, i.e., at the moment the "Order and pay" button is clicked.
10. After the Customer places the order, the Seller sends an email confirming that the order has been placed for fulfillment, along with data regarding its fulfillment, which includes, among other things: the main characteristics of the ordered goods, the order fulfillment deadline, the total price including taxes and delivery fees, and the Customer's personal data provided in the order form.
11. The recording, securing, and making available of the content of the agreement occurs by:
1. making this terms and conditions document available on the Store website,
2. recording the content of the agreement in the Store's IT system,
3. sending the message referred to in paragraph 10 above.
12. The Seller reserves the right to refuse to fulfill the order under the sales agreement if the Customer's contact data is untrue.

 

 

1. For the purposes of this paragraph, the following terms have the following meanings:
1. Price - the gross remuneration amount specified in Polish zlotys (including applicable taxes) payable to the Seller as consideration for the sale of the product,
2. Lowest price - the lowest Price that was applicable in the 30 days before the Price reduction was introduced or that was applicable from the day this product was first offered for sale until the day the Price reduction was introduced (if the product has been offered for sale for less than 30 days).
2. The Seller reserves the right to change the prices of products listed on the Store website. The prices of products in the sales agreement concluded with the Customer before the changes are introduced remain binding for the Customer.
3. The lowest price must be provided in every instance of informing about a Price reduction, alongside information about the reduced Price, in accordance with Article 4(2) and (3) of the Act of May 9, 2014, on informing about the prices of goods and services (Journal of Laws of 2019, item 178).
4. Prices on the Store website:
1. include all applicable customs duties and taxes,
2. do not include delivery costs (delivery of the product to the Customer), which are specified separately.
5. The cost of delivering the products is presented on the cart subpage when selecting the delivery method and depends on the value of the ordered products, the method of payment for the products, and the delivery method of the ordered products selected by the Customer.

 

 

1. The website provides the following forms of payment for the order:
1. via an external payment provider (prepayment).
2. The Customer is obliged to make payment within 3 business days from the date of purchase.
3. In the event that a refund for a transaction made by the Customer is required, the Seller shall issue the refund to the same payment instrument used by the Customer to make the payment.

 

 

1. The Customer bears the delivery costs of the ordered products to the place of destination.
2. Products are delivered to the specified address within the European Union. Product delivery fees are provided in the panel and in the email confirming the acceptance of the order.
3. The Seller provides the following product delivery methods:
1. courier delivery,
2. InPost parcel locker.
4. The order fulfillment time is up to 7 business days from the date the payment for the ordered goods is credited to the Seller's account (or, in the case of payment by payment card referred to in paragraph 4(1c), from the moment of receiving positive payment authorization). In special situations, such as sale periods or pre-Christmas periods, the above fulfillment time may be extended, about which the Seller will promptly inform the Customer via a relevant message displayed on the Store website.

 

 

1. The provisions contained in this paragraph constitute rights granted exclusively to the Customer who is a Consumer.
2. A consumer has the right to withdraw from the agreement concluded with the Seller within 14 days from the day of receiving the shipment or personally collecting the goods, without giving any reason.
3. The Customer may submit a declaration of withdrawal from the agreement using the withdrawal form located at the end of the terms and conditions, both by post to: Foodwell sp. z o.o, 5 Fabryczna Street, 00-446 Warsaw, and by email to: sklep@purella.pl
4. Submitting a declaration of withdrawal without using the form does not affect the validity of the withdrawal. For the declaration of withdrawal to be valid, it is sufficient to send the declaration before the deadline expires.
5. The Seller shall promptly confirm receipt of the declaration of withdrawal by email (to the address provided when placing the order).
6. The consumer should return the purchased products within 14 days from the day of sending the declaration of withdrawal to the Seller's address.
7. In the event that a declaration of withdrawal from the agreement is sent, the agreement is considered not concluded.
8. The consumer bears the direct costs of returning the purchased products.
9. The consumer is liable for damages resulting from a reduction in the value of the goods due to use beyond what is necessary to establish the nature, characteristics, and functioning of the goods, such as cleaning costs, partial repairs, and removal of tags. To establish the nature, characteristics, and functioning of the goods, the consumer should handle and inspect the goods only in the same way as they could do in a stationary store.
10. The Seller is obliged to promptly, no later than 14 calendar days from the day of receiving the consumer's declaration of withdrawal from the agreement, refund all payments made by the consumer, including the product delivery costs (excluding additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method provided by the Store). The Seller shall issue the refund using the same payment method used by the Consumer, unless the consumer expressly agrees to a different method of refund.
11. The Seller may withhold the refund of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return.
12. The right of withdrawal does not apply to agreements:
1. in which the subject of the provision is goods delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,
2. in which the subject of the provision is goods that are perishable or have a short shelf life.

 

 

 

1. The Seller is obliged to provide services and goods in conformity with the agreement. The Seller has a legal obligation to deliver goods without defects.
2. The rules regarding the Seller's liability to the Consumer under agreements obligating the transfer of ownership of goods to the Consumer are regulated by Chapter 5a of the Act of May 30, 2014, on Consumer Rights.
3. In the scope of complaints, the Consumer may exercise the rights granted to them by the provisions of the Act of May 30, 2014, on Consumer Rights, including for lack of conformity of the goods with the sales agreement.
4. The Seller is liable to the Consumer for lack of conformity of the goods with the agreement existing at the time of delivery and discovered within two years from that time, unless the shelf life of the goods specified by the Seller is longer. Before the expiry of the above period, the Consumer may notify the Seller of the discovered non-conformity by sending a relevant message using one of the means enabling contact with the Seller referred to in paragraph 1(5).
5. The Seller confirms receipt of the complaint and calls upon the Consumer to promptly deliver the goods not in conformity with the agreement to the Seller for the purpose of responding to the complaint.
6. In the event that the complaint is not accepted, the goods will be returned along with an opinion on the lack of justification for the complaint.
7. If the Seller does not respond to the Consumer's complaint within 14 calendar days from the day of delivery of the complaint, it is assumed that they have accepted the consumer's complaint and their request.
8. A Customer who is not a Consumer may use the rights available to them from the Seller under the warranty for defects, on the terms specified in Article 556 et seq. of the Civil Code. The Seller is liable to a Customer who is not a Consumer if the sold product has a physical or legal defect (warranty).
9. The Seller is liable under warranty if a physical defect is discovered before the expiry of two years from the day the Goods were issued to the Customer who is not a Consumer.
10. A Customer who is not a Consumer loses the rights under warranty if they did not inspect the item within a reasonable time and in the manner customary for goods of this type and did not promptly notify the Seller of the defect, and in the event that the defect came to light later - if they did not notify the Seller promptly after discovering it.

 

 

 

1. The provisions of this paragraph apply exclusively to agreements concluded with Customers who are entrepreneurs placing orders for professional purposes.
2. Placing an order on behalf of a legal person or an organizational unit that does not have legal personality is equivalent to submitting a declaration that the person placing the order is authorized to represent the entity on whose behalf the order was placed. Placing an order without appropriate authorization will result in the liability of the person placing the order for any damages resulting from this fact.
3. The entrepreneur is obliged to inspect the shipment delivered to them via a carrier in the customary manner, and in the event of discovering a shortage or damage to the product, they are obliged to take all actions aimed at establishing the carrier's liability.
4. The Seller reserves the right to terminate the agreement concluded with the entrepreneur within 14 days from the day of its conclusion without giving any reasons.
5. Any disputes arising from the performance of the agreement concluded between the Seller and the entrepreneur will be resolved by the Court competent due to the Seller's registered office.

 

 

1. To resolve a dispute arising in connection with making purchases in the Store, the consumer has the option to seek the help of the following institutions by bringing the case to a common court:
1. using the permanent consumer arbitration court referred to in the Act of December 15, 2000, on the Office of Trade Inspection by submitting an application for a decision on a dispute arising from a sales agreement,
2. contacting the Voivodeship Inspector of the Office of Trade Inspection with an application to initiate mediation proceedings for the purpose of amicably ending the dispute,
3. seeking help from the county or city consumer ombudsman or a social organization whose purpose is the protection of consumer rights.
2. Detailed information on consumers’ options for using out-of-court dispute resolution methods and on the availability of procedures is available at the premises and on the websites of institutions such as the Trade Inspection Authority, county (municipal) consumer ombudsmen, social organisations working to protect consumer rights, and the Office of Competition and Consumer Protection.
3. The online dispute resolution platform for consumers and traders at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive, multilingual website providing a single point of contact for consumers and traders seeking to resolve out of court a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services.

 

 

1. The Seller reserves the right to amend these Terms and Conditions due to changes in applicable law or changes to the manner in which contracts are concluded and performed. Such changes will not affect orders or contracts that have been placed, are being processed or have been completed.
2. Matters not covered by these Terms and Conditions shall be governed by generally applicable law, in particular the Act of 23 April 1964, the Civil Code, and the Act of 30 May 2014 on Consumer Rights.
3. These Terms and Conditions are effective as of 23 May 2022.

 

 

 

 

[WITHDRAWAL FROM CONTRACT FORM]

 

 

Addressee                                                                                                  Postal address

 

I / We (*) hereby give notice that I / we (*) withdraw from the contract of sale of the following goods:

Product name                                                                                    Price

 

 

 

 

 

 

 

Total

 

Date of conclusion of contract

 

Date of receipt of products

 

First and last name

 

Consumer address(es)

 

Date and signature