1 Definitions

The terms used in the Regulations shall mean:

  • 1.1 Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store;
  • 1.2 Civil Code - Act of April 23, 1964 Civil Code (i.e., May 10, 2018, Journal of Laws of 2018, item 1025, as amended);
  • 1.3 Code of Civil Procedure - Act of November 17, 1964 Code of Civil Procedure (i.e., June 14, 2018, Journal of Laws of 2018, item 1360, as amended);
  • 1.4 Regulations - these Terms and Conditions of providing services by electronic means within the encann.pl online store;
  • 1.5 Online store (Store, Seller) - Internet service available at www.encann.pl belonging to the company
    ENCANN sp. z o. o.
    Nowy Swiat Street 33/13
    00-029 Warsaw
    kontatk@encann.pl
    phone: 516 420 360
    NIP 8442366400
    Through which the Customer can, in particular, place Orders;
  • 1.7 Goods - products presented in the Online Store;
  • 1.8 Sales contract - Agreement for the sale of Goods within the meaning of the Civil Code, concluded between encann.pl and the Customer, concluded using the Store's website;
  • 1.9 Data Protection Act - Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018, item 1000);
  • 1.10. Consumer Rights Act - Act of May 30, 2014 on consumer rights (i.e., dated March 9, 2017, Journal of Laws of 2017, item 683, as amended);
  • 1.11. Law on provision of electronic services - Act of July 18, 2002 on the provision of services by electronic means (i.e. of June 9, 2017, Journal of Laws of 2017, item 1219, as amended);
  • 1.12 Order - the Customer's statement of intent, aimed directly at concluding the Sales Agreement, specifying in particular the type and number of Goods.

2 General provisions

  • 2.1 These Regulations set out the rules for the use of the Online Store available at www.encann.pl.
  • 2.2 These Rules and Regulations are the rules and regulations referred to in Article 8 of the Law on Provision of Electronic Services.
  • 2.3 The online store, operating at the following address www.encann.pl, is conducted by the Seller
  • 2.4 These Regulations set forth in particular:
  • 2.4.1. the terms and conditions for placing electronic Orders within the Online Store;
  • 2.4.2. the principles of concluding Sales Contracts with the use of services provided by the Internet Store.
  • 2.5 The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: Internet Explorer, Chrome, Firefox, Safari or Opera
  • 2.6 In order to use the Online Store, the Customer shall, on his own, obtain access to a computer workstation or a terminal device with Internet access.
  • 2.7 Customers may access these Terms and Conditions at any time through the link provided on the home page of www.encann.pl.
  • 2.8 Prices posted on the pages of the store are only an invitation to make inquiries within the meaning of Article 71 of the Civil Code and do not constitute an offer within the meaning of Article 66 of the Civil Code. The presented product catalog does not constitute an offer within the meaning of the Civil Code, and is for informational purposes only.

3. the rules of use of the Online Store

  • 3.1. the Seller may deprive the Customer of the right to use the Online Store, as well as may restrict his/her access to part or all of the resources of the Online Store, with immediate effect, if the Customer violates the Terms and Conditions, and in particular if the Customer:
  • 3.1.1. provided data during registration in the online store that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
  • 3.1.2. will engage in other behavior that is inconsistent with applicable laws or general rules of Internet use or that harms the good name of the Seller.
  • 3.2 In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Online Store, the Seller shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
  • 3.3 Personal data entered by the Customer in the Online Store shall be processed in accordance with all regulations governing the processing of personal data, including in particular the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Dz.Urz.UE.L No. 119, p. 1), and the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018, item 1000). Details on the processing of personal data are available in the Privacy Policy tab.
  • 3.4 In particular, the customer shall:
  • 3.4.1. not to provide or transmit content that is prohibited by law, such as content that promotes violence, defamatory or infringes on the personal rights and other rights of third parties,
  • 3.4.2. use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
  • 3.4.3. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
  • 3.4.4. use the Online Store in a manner that is not burdensome to other Customers,
  • 3.4.5. use any content posted on the Online Store only for your own personal use,
  • 3.4.6. use of the Online Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
  • 3.5 The Seller uses cookies on its website. The customer may specify the conditions for storing or accessing cookies in his/her web browser.
  • 3.6 The Online Store website also allows communication with the Seller. For this purpose, it is necessary to fill in the appropriate fields in the form available in the Contact tab and click on the send button.

4 The procedure for concluding a sales contract

  • 4.1 In order to place an Order on the Online Store and conclude a Sales Contract, it is necessary to select the Good(s) from the Seller's current offer. The selection is made by clicking on the link to the Goods in question, and then clicking on the "Add to Cart" button. After clicking the Cart link, a summary of the selected Goods will be presented.
  • 4.2 Placing an Order is possible by clicking on the "Go to checkout" button.
  • 4.3 Then carefully enter your data according to the names of the form fields.
  • 4.4 You should also choose the form of payment by selecting the appropriate option, as well as accept the rules of the Online Store and agree to the processing of personal data.
  • 4.5 Clicking the "Buy and pay" button constitutes final confirmation of the Order, and the data entered and choices made will no longer be subject to modification.
  • 4.6 The Customer's sending of the Order constitutes a declaration of intent to conclude a Sales Agreement with the Seller, in accordance with its content and the content of the Regulations
  • 4.7 Once the Order has been placed, the Customer will receive an e-mail with the order number, containing the final confirmation of all relevant elements of the Order.
  • 4.8 The Contract shall be deemed concluded upon receipt by the Customer of the e-mail message referred to above.
  • 4.9 The contract of sale is concluded in the Polish language, with the content consistent with the Order and the Regulations.

5 Delivery

  • 5.1 Delivery of the Goods is limited to the territory of the European Union and takes place at the address indicated by the Customer when placing the Order, with the proviso that to countries other than Poland free shipping does not apply, and the price of shipment will be determined individually, even if, as a result of imperfections in the computer system of the store, the system indicated the shipment as "free" for delivery outside the territory of Poland.
  • 5.2 Delivery of ordered Goods shall be made via Inpost, DPD or UPS. Delivery costs will be indicated at the time of placing the Order.
  • 5.3 The delivery period is up to 5 working days from the day the Customer sends the Order and makes the payment.
  • 5.4 Recording, securing, making available and confirming to the Customer the material provisions of the Agreement for the sale of Goods shall be done by sending to the Customer at the provided e-mail address and through confirmation and order specifications.

6. prices, payment methods, sales documents.

  • 6.1. The prices of the Goods are given in Polish zloty and include all components, including vat.
  • 6.2 The customer has the option to pay a fee:
  • - By wire transfer to the Seller's bank account number;
  • - via PayU or cash on delivery.
  • 6.3 Retail orders are not accompanied by cash register receipts by default. The legal basis for not attaching receipts to shipments is the Regulation of the Minister of Finance of December 22, 2021 on exemptions from the obligation to keep records of sales using cash registers, i.e. Journal of Laws. 2021 item 2442.Each customer may receive a vat invoice upon request. Information about the desire to receive a vat invoice should be notified when placing an order in the "notes to the order" or by selecting the appropriate option when making a purchase in the store. By accepting the Terms and Conditions, the Customer agrees to possibly receive an invoice by electronic means (e-mail).
  • 6.4 Delivery of goods is made through:
  • - Inpost,
  • -by DPD courier
  • by UPS courier (in individual cases, e.g. shipment abroad, by prior arrangement with the Seller).
  • 6.5 Payment shall be made by the Customer in the manner of his choice:
  • - In advance: traditional bank transfer or electronic payment made through an operator
    payment (PayU),
  • - Cash on delivery, that is, by cash or credit card when you pick up your order,
  • - In advance, with payment by payment card through the payment operator indicated earlier.
  • The choice of delivery and payment methods is up to the customer when placing an order by selecting the appropriate options.

7 Right of withdrawal

  • 7.1 The Customer shall have the right to withdraw from the Contract for Sale of Goods within 14 days without giving any reason. The term of withdrawal expires after 14 days from the day on which the Customer took possession of the goods or on which a third party other than the carrier and indicated by the Customer took possession of the goods.
  • The right to withdraw from the contract without stating a reason does not apply to the consumer if the buyer has opened the sealed package of the goods, which, once opened, cannot be returned for health or hygiene reasons, legal basis:
  • Article 38 of the Law of May 30, 2014 on consumer rights: The right of withdrawal from a contract concluded off-premises or at a distance is not granted to the consumer with respect to contracts:
  • 5) in which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
  • In order to exercise the right to withdraw from the contract, the Customer must inform the Seller by email to sklep@encann.pl of his decision to withdraw from the Sales Contract by an unequivocal statement.
  • 7.2 In the case of withdrawal from the Sales Contract, the Seller shall return to the Customer all payments received, including the cost of the cheapest delivery option (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the statement of withdrawal from the Sales Contract reached the Seller. The Seller will refund the payment using the same means of payment that were used by the Customer in the original transaction, unless the Customer expressly agrees to a different solution; in any case, the Customer will not incur any fees in connection with the return of the payment.
  • 7.3 The Customer is obliged to return the Goods to the Seller no later than 14 days from the date on which he withdrew from the contract of sale. To meet the deadline it is sufficient to return the item before its expiration. The Customer shall bear only the direct costs of returning the item. The Seller may withhold reimbursement until he receives the Product back or until he is provided with proof of its return, whichever event occurs first.
  • 7.4 Return of goods shall be made to the address in Poland, which will be given to the Customer immediately after receipt of information about the desire to withdraw from the contract at the above e-mail address of the Seller.

8 Complaints about Goods

  • 8.1 Complaints, arising from violation of the Customer's rights guaranteed by law, or under these Regulations, should be addressed to sklep@encann.pl The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.
  • 8.2 In the case of damage to the product in transit, complaints are considered on the basis of the preparation of a protocol of damage to the shipment issued by the entity delivering the shipment. The customer should check the shipments before receipt and, if there are reasonable concerns about the possibility of damage to the contents, report them to the delivery agent.

9 Complaints about the provision of electronic services

  • 9.1. the Seller, to the fullest extent permitted by law, shall not be liable for any disruptions including interruptions in the operation of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
  • 9.2 The customer shall immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store service.
  • 9.3 Irregularities related to the functioning of the Store, the Customer should report by e-mail to sklep@encann.pl.

10. newsletter regulations

  • 10.1 In the case of consent for processing of personal data provided in the form on the encann.pl website for marketing purposes of the Seller, including, in particular, to receive commercial communication by electronic means (e.g. in the form of a newsletter) or by telephone, the Client will be provided with a service consisting in periodic sending of information in the form of an electronic letter (e-mail) via e-mail, hereinafter referred to as "Newsletter", to the electronic mail address provided by the Client. The Newsletter service is provided free of charge for an indefinite period of time.
  • 10.2 The newsletter contains information about the Seller's product offerings, new products, current promotions and other news about the Seller and the products offered by the Seller, including reviews, press materials, links to the Seller's friend sites.
  • 10.3 The Customer may at any time, without giving any reason and without incurring any costs, change the previously indicated electronic mail address (e-mail address), to which the Newsletter is sent, or resign from the Newsletter service by sending an appropriate request to the Seller at the e-mail address sklep@encann.pl.
  • 10.4 Complaints on matters related to the Newsletter service shall be submitted by e-mail to sklep@encann.pl.
  • 10.5 The complaint shall contain the name, surname, e-mail address of the Customer, a description of the subject of the complaint, including the specification of the demand and its justification, and the signature of the person submitting the complaint.
  • 10.6 Complaints will be considered within 14 days of their receipt by the Seller. The Seller will immediately notify the complainant of the decision on the complaint via e-mail to the e-mail address provided in the application.

11. final provisions

  • 11.1 Oils CBD sold on www.encann.pl are cosmetic products intended for the regeneration of oral mucous membranes. Information on product sheets about the amount of CBD refers to the approximate content of the substance in a certain amount of the product (usually 1 drop).
  • 11.2 Settlement of possible disputes arising between the Seller and the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code. The Buyer as well as the Seller in the event of a dispute agree to settle the dispute amicably before proceeding to litigation.
  • 11.3 Settlement of any disputes arising between the Seller and the Customer, who is not a consumer within the meaning of the Civil Code, shall be submitted to the court having jurisdiction over the seat of the Seller.
  • 11.4 The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
  • 11.5 The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
  • 11.6 In matters not covered by these Regulations, the provisions of the Civil Code, the Law on Consumer Rights, the Law on Provision of Electronic Services and other relevant provisions of Polish law shall apply.
  • 11.7 By accepting the Terms and Conditions, the Buyer confirms that he/she has also read and accepts the Privacy Policy of www.encann.pl. Reference to the content of the Privacy Policy is located in the footer (at the bottom) of the home page, as well as each subpage of the encann.pl website.