Termini e condizioni del servizio
1. INTRODUCTION AND SCOPE
This document (hereinafter referred to as the “Terms and Conditions”), together with other documents referenced herein, sets out the conditions governing the use of the online portal [www.hempqualizer.com] as well as the purchase of products through it.
We encourage you to read these Terms and Conditions carefully, along with our Cookie Policy and Privacy Policy (collectively referred to as the “Data Protection Policy”), before using our portal.
As a consumer, you must accept these Terms before placing an order. Once accepted, the provisions herein become binding for any such order.
The Terms and Conditions may be amended from time to time. However, such changes will not apply to orders already placed and confirmed under a previous version of the Terms.
It is your responsibility to review the Terms and the Data Protection Policy before each order.
If you have any questions about these Terms or the Data Protection Policy, you may contact us using the contact form provided on our website.
The sales agreement between you and us for products purchased through this portal is hereinafter referred to as the “Contract.”
2. INFORMATION ABOUT US
The sale of goods through this portal is operated by:
Botanika Lab Sp. z o.o.
Registered office: ul. Ogrodowa 5, 58-310 Szczawno-Zdrój, Poland
Registered in the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division
KRS (Company Reg. No.): 0000919113
REGON: 389867418
VAT (NIP): PL8863017803
3. USER INFORMATION AND WEBSITE USAGE
All information and personal data provided by the User are processed in accordance with our Data Protection Policy.
4. USE OF OUR WEBSITE
By using this portal and placing orders through it, the User agrees to:
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Use the website solely to make valid inquiries and legally binding orders;
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Not place any false or fraudulent orders. If we have reasonable grounds to believe an order is fraudulent (e.g., placed using a stolen credit card), we will attempt to contact the User to verify the legitimacy of the order. If confirmed, we reserve the right to cancel the order and inform the User;
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Provide us with their email address, postal address, and/or other contact information as required. If you do not provide all necessary details, we will not be able to process your order.
By placing an order, you declare that you are of legal age and possess full legal capacity to enter into binding agreements.
5. SERVICE AVAILABILITY
Products offered through this portal are available exclusively for delivery within the territory of Poland.
6. HOW TO PLACE AN ORDER
To place an order, the User must complete the online purchase process, which includes:
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Adding selected products to the shopping cart,
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Proceeding to checkout (either as a registered user or guest), and
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Clicking the “Complete Order” button.
If after placing the order, the User realizes any errors (e.g., product type, quantity, or address details), they should immediately call us at +48 601 161 398.
After receiving the order, we will send you a confirmation email (“Order Confirmation”).
⚠️ This does not constitute acceptance of your order – only confirmation that it has been received.
Once the order is processed and ready for dispatch, you will receive another email containing the shipping details (“Shipping Confirmation”). At that point, the Contract is considered concluded.
The order will also be stored in our internal system. Accounting documents related to the concluded Contract will be stored for 5 years.
7. DELIVERY
We will deliver the product(s) as specified in the Shipping Confirmation, within the stated time frame, or—if no time frame is specified—within the estimated period shown during the shipping method selection process. In any case, delivery will be made within a maximum of 30 days from the date the Contract is concluded.
If, due to exceptional circumstances, we anticipate a delay, we will contact the User to arrange a new delivery date. If the User does not accept the new date, they have the right to withdraw from the Contract. In such cases, any amount paid will be refunded without undue delay.
For the purposes of these Terms, delivery shall be deemed to have occurred, or the order shall be considered delivered, at the moment the User or a third party designated by the User physically receives the product(s), as evidenced by a signature upon receipt at the specified delivery address.
⚠️ Please note:
We do not deliver to PO boxes, student residences, or hotels.
We also do not deliver on Saturdays, Sundays, or public holidays.
8. FAILURE TO DELIVER
If the User fails to receive the order within the agreed timeframe, we will grant an additional period for collection.
If delivery remains unsuccessful after this period, we reserve the right to cancel the order and terminate the Contract. In this case, any amounts paid will be refunded without undue delay.
9. TRANSFER OF RISK AND OWNERSHIP
The risk of damage or loss of the product passes to the User upon delivery.
Ownership of the goods is transferred to the User at the moment of delivery.
10. PRICING, PAYMENT, AND SUBSCRIPTIONS
All prices listed on the portal include VAT (Value Added Tax).
Shipping fees are not included in the product price and are added at checkout. Full details of shipping costs can be found in our Shopping Guide.
The User explicitly authorizes us to issue invoices in electronic format.
Prices are subject to change at any time. However, such changes will not affect orders that have already been placed and confirmed.
During the purchase process, the User may verify, modify, or correct the order details prior to confirming payment (by clicking “Complete Order”).
Accepted payment methods:
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Visa and Mastercard
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BLIK
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Bank transfer
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PayPal
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Shopify Payments
Payments are processed by:
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Krajowy Integrator Płatności S.A.
Plac Andersa 3, 17th floor, 61-894 Poznań, Poland
KRS: 0000412357 -
PayPal Polska Sp. z o.o.
ul. Emilii Plater 53, 00-113 Warsaw, Poland
NIP: 5252406419 | KRS: 0000289372 -
Shopify International Ltd.
2nd Floor, Victoria Buildings
1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
11. GUEST CHECKOUT
The portal also allows purchases to be made without creating an account. In this case, the User must provide the necessary personal information to fulfill the order.
After completing the purchase, the User will be offered the option to create an account or proceed as a guest.
To manage their order, guest users will receive a tracking link included in the Order Confirmation email.
12. VALUE ADDED TAX (VAT)
In accordance with applicable laws and regulations, all purchases made via the portal include Value Added Tax (VAT), except for deliveries made directly to customers in the Canary Islands, Ceuta, or Melilla.
As established in Chapter 1, Title V of EU Council Directive 2006/112/EC on the common system of value-added tax, the place of delivery is considered to be the EU Member State to which the goods are delivered, and the VAT rate applied will be the rate in force in that Member State.
For some Member States of the European Union, the reverse charge mechanism (Article 194 of Directive 2006/112) may apply if the buyer is or is required to be VAT-registered. In such cases, we will not charge VAT, provided that the buyer confirms that they will account for the tax in accordance with local laws.
Orders delivered to the Canary Islands, Ceuta, and Melilla will be VAT exempt, in accordance with Article 146 of the directive, but may be subject to local taxes and customs duties as required by law.
13. RETURN AND EXCHANGE POLICY
13.1 Statutory Right of Withdrawal (14 days)
If the User is acting as a Consumer, they have the right to withdraw from the Contract without providing a reason, within 14 days of receiving the product—or, in the case of multiple products delivered separately, within 14 days from the receipt of the last item.
To exercise the right of withdrawal, the Consumer must notify us via:
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📞 Phone: +48 884 600 048
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📧 Email: office@hempqualizer.pl
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📩 Our online contact form
Providing a reason is not required.
A sample Withdrawal Form is included in the Annex to these Terms, but its use is not mandatory.
❗ The right of withdrawal does not apply to:
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Products made to the Consumer’s specifications or clearly personalized
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Sealed audio/video recordings or computer software that have been unsealed after delivery
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Sealed goods that are unsuitable for return due to health protection or hygiene reasons and were unsealed after delivery
Effects of Statutory Withdrawal
If the Consumer exercises the right of withdrawal, we will refund all amounts paid, including delivery costs (standard shipping only), using the same payment method used by the Consumer, unless otherwise agreed, at no additional cost.
If the Consumer opts for self-return (i.e., not using our free return options), we may withhold the refund until we receive the returned goods or evidence of their shipment—whichever comes first.
The goods must be returned to the address provided in the Withdrawal Form within 14 days of notifying us. The deadline is met if the goods are sent before the 14-day period expires.
Unless the return is made via our courier pickup service, the Consumer is responsible for the cost of return shipping.
The Consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product.
Returns via Courier (Free Option)
To return products via our free courier return service, the Consumer may:
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Fill out the online return form, or
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Call us at +48 884 600 048 to schedule a home pickup
If the purchase was made as a guest, the Consumer may also request the return using the online form or by calling us.
The Consumer may also return products at their own expense to the address provided in the Withdrawal Form.
⚠️ If goods are returned using cash-on-delivery, we reserve the right to charge the Consumer for any related costs.
13.2 Contractual Right of Withdrawal (30 days)
In addition to the statutory right of withdrawal, we grant the User (regardless of whether they are a Consumer) a contractual right of withdrawal of 30 days, starting from the date of receiving the Shipping Confirmation.
This extended right applies only to unused products in their original, intact condition.
We reserve the right to reject returns that are made outside the allowable period or for products that have been used or are not returned in their original condition.
Effects of Contractual Withdrawal
If the User exercises this contractual right, we will refund all payments received, including standard delivery costs, using the same payment method used for the original transaction—unless otherwise agreed and at no additional cost to the User.
We will refund the cost of the cheapest delivery option offered on www.fit-mary.com, regardless of the delivery method selected for the original order.
If the return is made using one of our free return options, the refund will be issued without undue delay, and in any case, no later than 14 days from the day we receive the returned goods at Botanik Farma.
This refund of the cheapest shipping option is only applicable when:
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The User withdraws within the 30-day timeframe
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All items from that order are returned
13.3 Returning Products via Courier
To return products using our designated courier service, the User can:
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Contact us through the online form
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Or call us directly at +48 884 600 048 to schedule a pickup from their address
This applies to both registered and guest users. Guest users may also request a return via the form or by phone.
Alternatively, Users can return products at their own expense to the address specified in the withdrawal form.
❗ Please note: if the User chooses cash-on-delivery for the return, we reserve the right to deduct any additional charges incurred.
All returned products should be sent in securely sealed packaging, preferably in the original box, including all components where applicable.
13.4 Returns of Defective Products (Warranty for Non-Conformity)
If the purchased product is defective or not as described, the User (if acting as a Consumer) is entitled to make a claim under the Polish Civil Code (Articles 556 and following, dated April 23, 1964, as amended).
Consumers have the right to:
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Free repair or replacement
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A price reduction
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Or withdrawal from the contract in case of significant defects
This warranty is valid for 2 years from the date of delivery.
No proof of purchase (receipt) is required.
Consumers may choose replacement over repair, or vice versa, unless their preferred remedy is impossible or would incur disproportionate costs.
When assessing the proportionality of costs, we take into account:
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The value of the non-defective product
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The nature and importance of the defect
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The inconvenience to the Consumer if an alternative solution is used
All claims will be handled within 14 calendar days of receipt.
13.5 Complaints Regarding Orders, Payments, or Services
Users have the right to file complaints related to:
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The ordering process
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Payment issues
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Services provided by the online store
📧 Complaints should be submitted in writing to: office@hempqualizer.pl
The complaint should include:
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Full name of the User
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Order number (if applicable)
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Detailed description of the issue and any relevant attachments (e.g., proof of payment, screenshots)
The store is obligated to respond within 14 calendar days of receiving the complaint.
If additional information is required, the complaint process may be extended until such information is provided.
The User will receive a response via the same communication method used to submit the complaint.
If the complaint is upheld, we will take appropriate steps to remedy the issue, such as:
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Correcting the order
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Adjusting the payment
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Improving service quality
If the complaint is rejected, the User has the right to resubmit it with additional clarification or pursue mediation or legal resolution.
14. LIABILITY
A product shall be considered defective if:
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It lacks the qualities normally expected for such goods, or those specified in the Contract;
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It does not match the description or sample/model shown by the seller;
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It does not serve the purpose indicated by the seller at the time of purchase and accepted by the buyer;
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It is delivered incomplete.
15. VIRUSES, SECURITY, AND UNAUTHORIZED USE
You must not misuse this portal by intentionally introducing malicious software such as viruses, trojans, worms, logic bombs, or any other materials harmful to our systems or the portal.
Unauthorized access attempts to the website, its servers, databases, or any related systems are strictly prohibited.
The User agrees not to engage in any activity that might disrupt, overload, or disable the portal, including Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attacks.
16. NOTIFICATIONS
All communications with us should preferably be made via:
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Our online contact form, or
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Email: office@hempqualizer.pl
17. PARTIAL INVALIDITY
If any provision of these Terms is declared invalid by a final decision of a competent authority or court, the remaining provisions will remain fully in force.
18. RIGHT TO MODIFY THESE TERMS
The User is subject to the Terms and Data Protection Policy in force at the time of use of the portal or when placing an order, except where:
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Changes are required by law or regulatory authorities, in which case such changes will apply retroactively.
Changes do not affect orders already placed and accepted under the previous version of the Terms.
19. JURISDICTION
Any disputes arising from the use of www.essenz.pl or any Contracts concluded through the site shall fall under the non-exclusive jurisdiction of Polish courts.
20. FEEDBACK AND ALTERNATIVE DISPUTE RESOLUTION
We always welcome feedback and suggestions from our Users.
Please send them through the contact form.
If you believe your rights have been violated, you may submit your complaint to us via email at office@hempqualizer.pl for an out-of-court resolution.
In accordance with EU Regulation No. 524/2013, if a sales contract has been concluded between the User and Botanika Lab Sp. z o.o. via this portal, you may also use the European Commission’s Online Dispute Resolution (ODR) platform, available at:
🔗 http://ec.europa.eu/consumers/odr/
LAST UPDATED: December 2024
ANNEX: MODEL WITHDRAWAL FORM
(Please complete and send this form only if you wish to withdraw from the Contract)
Recipient:
Botanika Lab Sp. z o.o.
ul. Villardczyków 17
58-306 Wałbrzych, Poland
📧 office@hempqualizer.pl
I hereby give notice that I withdraw from the contract for the sale of the following goods:
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Product(s): ……………………………………………………………
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Ordered on / received on (*): …………………………………………
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Consumer’s full name: ……………………………………………
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Consumer’s address: ………………………………………………
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Consumer’s signature (only if sending a printed copy): ……………
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Date: …………………………………………………………………
(*) Delete as appropriate.