Terms of service

TERMS AND CONDITIONS OF THEROOTS.PRO ONLINE STORE

  • 1 Definitions

The terms used in the Regulations mean respectively:

  • Store / Online Store - an online store run by the Seller available at https://theroots.pro.
  • Seller - THE ROOTS sp. z o. o. ul. Jana Nowaka-Jeziorańskiego 45/105, 03-982 Warsaw, NIP: 1133080493, REGON: 523924015, KRS 0001005676, e-mail address: theroots@theroots.pro .
  • Customer - a natural person, a legal person and an organizational unit without legal personality, to which the law grants legal capacity, purchasing products via the Online Store,
  • Registered Customer - a Customer using the Online Store who has registered and set up a Customer Account,
  • Registration - a one-time activity performed by the Customer as part of the Online Store, consisting in completing the registration form in order to set up a Customer Account;
  • Password - a string of letters, digits or other characters, specified by the Customer during Registration in the Online Store, enabling access to the Customer Account and protecting it;
  • Customer Account - an individual Customer panel available after registration and logging in, marked with a login and password, used to purchase products via the Online Store, as well as obtaining information about the history of Orders by the Customer;
  • Consumer - a natural person purchasing products in the Online Store for purposes not directly related to their business or professional activity,
  • Entrepreneur - a natural person, legal person or entity without legal personality, purchasing Products in the Online Store as part of business or professional activity; in the case of a natural person, an Entrepreneur is a natural person purchasing Products in the Online Store for a purpose directly related to his business activity, when the content of this contract shows that he has a professional nature for him, resulting in particular from the subject of his business activity, made available based on the provisions on the Central Registration and Information on Business Activity.
  • Entrepreneur with consumer rights - a natural person purchasing Products in the Online Store for purposes directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on based on the provisions on the Central Registration and Information on Business Activity.
  • Working days - days of the week from Monday to Friday, excluding public holidays in accordance with the Act of January 18, 1951 on public holidays.
  • Regulations - this document defining the rights and obligations of the Seller and the Customer as well as the conditions for placing orders and making purchases in the Online Store.
  • Cart - a service provided by the Seller in the Online Store, in which the Products added by the Customer to the Order are visible, enabling the submission and change of the Order, as well as displaying the current value of the Order;
  • Order - Customer's declaration of will, constituting an offer to conclude a Sales Agreement submitted to the Seller by the Customer, submitted using the functionality of the Online Store, containing information necessary to conclude and perform the Sales Agreement.
  • Product - a movable item available in the Online Store, intended for sale on the basis of the Sales Agreement concluded by the Seller with the Customer, using the functionality of the Online Store;
  • Sales contract - a sales contract within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of the Products covered by the Order, the terms of which are specified in the Regulations;
  • GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation personal data);
  • Payment Operator - it is understood as an entity providing payment services within the Store to its Customers. The payment operator is the online payment service provider PayPro SA with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number 0000347935.
  • 2 General provisions
  • The online store available at https://theroots.pro is run by THE ROOTS sp. z oo, ul. Jana Nowaka-Jeziorańskiego 45/105, 03-982 Warsaw, NIP: 1133080493, REGON: 523924015, KRS 0001005676, e-mail address: theroots@theroots.pro .
  • The Regulations define the rights and obligations of the Customers and the Seller.
  • The Regulations are drawn up in Polish and constitute a standard contract within the meaning of the Act of 23 April 1964 - Civil Code.
  • In order to conclude a contract with the Seller, the Customer may exercise the right to negotiate the terms of the contract before placing an order. If the Customer resigns from the possibility of negotiations, these Regulations constitute the content of the contract concluded between the parties.
  • The Customer can access the Regulations at any time at: https://www.theroots.pro/regulamin, as well as by saving it in any format on a medium of his choice.
  • Unless explicitly indicated in the commercial information, the products offered in the Online Store are new, free from physical and legal defects and have been legally introduced to the Polish market. This information is tantamount to the Seller's obligation to deliver products without defects to the Customer.
  • These Regulations are an integral part of all sales contracts concluded by the Seller, including contracts concluded by way of an Order placed by e-mail or telephone.
  • Communication with the Seller made by the Customer causes the Customer to incur costs resulting from contracts concluded by the Customer with third parties for the possibility of using certain forms of remote communication. The seller does not charge any additional fees or benefits for the possibility of communicating with him.
  • In the event of a dispute with the Seller, the Consumer has the option of amicably settling the matter by:
  1. a) applying to a permanent amicable consumer court,
  2. b) mediation,
  3. c) contacting the Voivodship Inspector of the Trade Inspection,
  4. d) contacting the Consumer Federation,
  5. e) using the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level available at http://ec.europa.eu/consumers/odr (ODR Platform).

 

  • 3 Customer Account
  • In order to set up a Customer Account, the Customer registers using the form, providing the data listed in the registration form.
  • The password provided when logging in to the Store may consist of letters, numbers and/or special characters. The password is individual for each customer. The password can be changed in the Customer Account by entering the e-mail address and a new password.
  • The user's login is the Customer's e-mail address provided during registration.
  • Setting up a Customer Account is free and voluntary.
  • Registration is not a condition for placing an order in the Store. The customer has the option of placing an order via the Online Store without prior registration, using the order form.
  • The customer undertakes to provide true data.

 


  • 4 Orders
  • Information about products presented in the Online Store does not constitute an offer within the meaning of the provisions of the Civil Code, it constitutes an invitation to conclude a sales contract.
  • Placing an order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
  • The customer has two ways to place an order:
    • placing an order after prior registration, via the Customer Account,
    • placing an order without registration, via the order form.
  • In order to place an order, the Customer should add the product he intends to buy to the "Basket". Adding a product to the "Basket" is not tantamount to placing an order. Products can be freely added to or removed from the "Basket".
  • A customer with a customer account, after logging in and after finally adding products to the "Basket", is redirected to the form used to place orders, in order to specify the method of delivery and payment method. Then the customer is redirected to the order summary. Placing an order is made by selecting the "Order and pay" button.
  • A customer who does not have a customer account, after finally adding products to the "Basket", is redirected to the form for placing orders, in order to provide the address, payer details, delivery method and payment method. Then the customer is redirected to the order summary. Placing an order is made by selecting the "Order and pay" button.
  • The condition for placing an order is to read and accept these Regulations, which the Customer confirms before placing the order by checking the appropriate box in the order form.
  • By pressing the "Order and pay" button, the Customer places an order with the obligation to pay.
  • Information on the total value of the order, which includes the price of the goods and the cost of its delivery, is each time provided on the Online Store website when placing the order, including before direct approval and submission of the order by the Customer. These are the total costs that the Customer is obliged to pay, including applicable taxes and delivery costs.
  • After placing the Order, the Customer will receive a message entitled "Order Confirmation" to the e-mail address provided when placing the Order or associated with the Customer Account. This e-mail constitutes acceptance of the Customer's offer. At the moment of informing the Customer about the acceptance of the offer submitted by him, the Sales Agreement is concluded between the Seller and the Customer.
  • 5 Payment and price
    • The customer has the option of paying for the goods for the order placed in the following way:
  • in cash or by payment card (cash on delivery) at the time of delivery of the goods by the supplier,
    •
  • by transfer to the Seller's bank account,
    •
      • online payment, BLIK or payment card via the Payment Operator.
    • Electronic payments are handled by the Payment Operator. Making a payment via the Payment Operator requires establishing a separate legal relationship with the Payment Operator and accepting its regulations.
    • The prices given on the Online Store website are gross prices and are expressed in Polish zlotys. The price of the Product before adding to the Cart does not include shipping costs.
    • 6 Delivery


    • The customer selects the type of delivery from those available on the Online Store website. Delivery takes place to the address indicated by the Customer in the order.
    • The order processing time is counted from the moment of obtaining positive payment authorization.
    • The costs of delivering the goods, which, in addition to the price for the goods, are borne by the Customer, are provided on the Online Store website when placing the order.
    • Free delivery applies to orders over PLN 400.
    • Upon the release of the Product, the benefits and burdens associated with the item and the risk of its accidental loss or damage are transferred to the Customer. In the case of delivery carried out by a carrier or forwarder other than the Seller, the delivery of the Product is considered to be entrusting it by the Seller to the carrier or forwarder, if the Customer is an Entrepreneur, as well as the Entrepreneur with consumer rights, or collecting the Product from the carrier or forwarder, if the Customer is a Consumer.
    • The Customer who is an Entrepreneur is obliged to check the condition of the Product after delivery, in the presence of a representative of the Seller or the entity performing the transport. In the event of any damage to the shipment, the Entrepreneur is obliged to write down an appropriate protocol.
    • It is recommended that the Customer who is a Consumer, as well as an Entrepreneur with consumer rights, if possible, checks the Product after delivery in the presence of the Seller's representative or the entity performing the transport. In the event of any damage to the shipment, it is also recommended that the Consumer write down an appropriate protocol and immediately contact the Seller.
    • In the case of Orders placed by persons who are not Consumers, if the Seller cannot fulfill the service due to the fact that the ordered Product is not available, within thirty days from the conclusion of the Sales Agreement, he is entitled to withdraw from it.
    • 7 Withdrawal from the contract


    • A Customer who is a Consumer, as well as an Entrepreneur with consumer rights, who has concluded a distance contract via the Online Store, may withdraw from it within 14 days without giving any reason.
    • The Customer is not entitled to withdraw from the contract in the cases referred to in art. 38 of the Act of May 30, 2014 on consumer rights.
    • The deadline to withdraw from the contract starts from the day on which the Customer took possession of the Product or on which a third party other than the carrier indicated by him came into possession of the Product. To meet the deadline for withdrawal from the contract, it is enough to send a statement of withdrawal from the contract before the deadline for withdrawal from the contract.
    • The Customer may exercise the right to withdraw from the sales contract by sending a statement of withdrawal by e-mail or in writing to the Seller's address.
    • When exercising the right to withdraw from the sales contract, the Customer may use the form of declaration of withdrawal from the contract posted on the Online Store website, which was also sent to the Customer as an attachment together with information about the acceptance of the Order, but it is not mandatory.
    • In the event of withdrawal from the contract, the contract is considered void.
    • In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, but not later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to send the returned Product before the expiry of 14 days to the Seller's address.
    • The costs of returning (sending) the Product shall be borne by the Customer.
    • The seller refunds the payment using the same method of payment as used by the customer, unless the customer in the statement of withdrawal from the contract indicated a different method of return, which does not involve any costs for him.
    • The Seller may withhold the reimbursement of payments received from the Customer until receipt of the Product back or delivery by the Customer of proof of its return, depending on which event occurs first.
    • 8 Warranty for defects


    • The Customer who is an Entrepreneur, as well as Entrepreneurs with consumer rights, are not entitled to warranty rights for defects in the sold item.
    • To the Customer who is a Consumer, the Seller is liable for physical or legal defects of the sold item, on the terms set out in art. 556 and subsequent of the Civil Code.
    • A complaint may be submitted by the Customer by e-mail or in writing to the Seller's address.
    • When submitting a complaint, it is recommended to provide in the complaint notification at least:
      • name, surname, correspondence address and contact details;
      • information on the date of conclusion of the contract along with confirmation of its conclusion;
      • information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
      • request regarding the method of recognizing the complaint .
    • The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its submission. The lack of the Seller's response within the above-mentioned period means that the Seller considered the complaint to be justified.
    • 9 Personal Data Protection

    Detailed information on the processing of Customers' personal data is set out in the "Privacy Policy", available at https://www.theroots.pro/……. constituting an integral part of these Regulations.

    • 10 Provision of services by electronic means
    • The Seller provides the following Electronic Services via the Online Store:
    • setting up and maintaining a Customer Account in the Online Store;
    • enabling placing an Order and concluding a Sales Agreement;
    • enabling the use of the Basket;
    • newsletter;
    • providing data and materials in the Online Store, including, in particular, information about Products;
    • enabling sending messages via the contact form or online chat;
    • Technical requirements necessary for cooperation with the ICT system through which the Seller provides Electronic Services:
    • a PC, Mac computer or other device enabling the use of the Store;
    • Internet access;
    • access to e-mail;
    • appropriate software in the form of a web browser.
    • The Customer is prohibited from providing unlawful content.
    • The contract for the provision of electronic services is concluded at the moment the Customer creates a Customer Account, at the time of subscribing to the Newsletter service, as well as at the moment of starting to use a given functionality of the Online Store enabling the use of a specific electronic service.
    • The contract for the provision of electronic services consisting in setting up and maintaining a Customer Account in the Online Store, as well as consisting in the provision of the Newsletter service, is concluded for an indefinite period. In the scope of other electronic services provided via the Online Store, the contract for the provision of these services is concluded for an indefinite period and is terminated when the Customer ceases to use a given electronic service and without the need to submit additional statements.
    • The customer may terminate the contract referred to in paragraph 1 at any time and without giving any reason. 4 and 5 by sending an appropriate statement by e-mail or in writing to the Seller's address. The Customer who is a Consumer, as well as an Entrepreneur with consumer rights, may also from the contract referred to in paragraph 4 and 5, withdraw within 14 days without giving a reason, on the terms set out in § 6.
    • The Customer who is a Consumer may submit a complaint regarding the services provided electronically by the Seller by e-mail or in writing to the Seller's address. The right to submit a complaint is not vested in the Customer who is an Entrepreneur, as well as an Entrepreneur with consumer rights.
    • The Seller will consider a complaint regarding services provided electronically within no more than 30 days from the date of its receipt, informing the Customer immediately about its results.
    • 11 Final Provisions


    • Customers can access these Regulations at any time via the link on the Online Store website. The Regulations can be recorded, acquired and reproduced by printing it or saving it on an appropriate data carrier.
    • The provisions of these Regulations are not intended to exclude or limit any rights of Consumers, as well as Entrepreneurs with consumer rights, granted to them under the mandatory provisions of law, including in particular the Act of 30 May 2014 on consumer rights and the Act of 23 April 1964. Civil Code. In the event of any unintentional non-compliance of the Regulations with the above provisions, priority is given to these provisions and they are applied by the Seller.
    • If any of the provisions of these Regulations is found to be unlawful, invalid or otherwise unenforceable to the extent provided for by law, it shall be excluded in this respect. In the remaining scope, the Regulations remain in force.
    • The Seller may amend the provisions of the Regulations after informing the Customers by publishing a consolidated text of the Regulations on the Online Store website. Amendments to the Regulations or new content of the Regulations come into force after 14 days from the date of posting the new content of the Regulations on the Online Store website.
    • Orders placed during the validity of the previous version of the Regulations will be implemented in accordance with its provisions.
    • All graphic elements of the Online Store, technical solutions used in it, content elements, as well as the way in which graphic elements and content are presented (layout), as well as software, databases and other materials placed as part of the Online Store are subject to the Seller's copyright and are protected in accordance with the provisions of the Act of February 4, 1994 on copyright and related rights.
    • In order to use the Online Store, the Seller grants the Customers a non-exclusive, non-transferable, non-transferable License to use the Online Store, granted for the duration of using the Online Store. Under the License granted, the Customer is only entitled to temporarily multiply the Online Store by displaying it in a web browser, as well as saving temporary files in order to use the available functionalities in a manner consistent with these Regulations.
    • These Regulations are subject to Polish law and are subject to the jurisdiction of Polish courts. The choice of Polish law does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of choice of law.
    • Any disputes arising between the Seller and the Customer who is a Consumer, as well as an Entrepreneur with consumer rights, will be settled by a common court competent in accordance with the provisions of the Code of Civil Procedure.
    • Any disputes arising between the Seller and the Customer, who is an Entrepreneur, will be resolved by a common court having jurisdiction over the seat of the Seller.