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Definitions

The terms used in the Regulations mean:
1.1. Customer – a natural person, legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which makes Orders within the Store;
1.2. Civil Code – Act of April 23, 1964 Civil Code (i.e. of 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. of June 14, 2018, Journal of Laws of 2018, item 1360, as amended);
1.4. Regulations – these Regulations for the provision of electronic services as part of the encann.pl online store;
1.5. Online Store (Shop, Seller) – a website available at www.encann.pl belonging to the company
ENCANN sp. z o. o.
New World 33/13
00-029 Warsaw
kontakt@encann.pl
phone: 516 420 360
NIP 8442366400
through which the Customer may, in particular, place Orders;
1.7. Goods – products presented in the Online Store;
1.8. Sales contract – a contract 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. Act on the protection of personal data – the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018, item 1000);
1.10. Consumer Rights Act – the Act of May 30, 2014 on consumer rights (i.e. of March 9, 2017, Journal of Laws of 2017, item 683, as amended);
1.11. Act on the provision of electronic services – the Act of July 18, 2002 on the provision of electronic services (i.e. of June 9, 2017, Journal of Laws of 2017, item 1219, as amended);
1.12. Order – Customer’s declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

General provisions

2.1. These Regulations define the rules for using the Online Store available at www.encann.pl
2.2. These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
2.3. The online store operating at www.encann.pl is run by the Seller
2.4. These Regulations define in particular:
2.4.1. terms and conditions for placing Orders electronically as part of the Online Store;
2.4.2. rules for concluding Sales Agreements using the services provided as part of the Online Store.
2.5. Using 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 should obtain access to a computer station or terminal device with Internet access on their own.
2.7. Customers can access these Regulations at any time via the link on the main page of the website www.encann.pl.
2.8. The prices posted on the store’s website are only an invitation to submit inquiries within the meaning of art. 71 of the Civil Code and do not constitute an offer within the meaning of Art. 66 of the Civil Code. The presented catalog of products does not constitute an offer within the meaning of the Civil Code, and is for information purposes only.

Rules for using the Online Store

3.1. The Seller may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store’s resources, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:
3.1.1. provided untrue, inaccurate or outdated data during registration in the online store, misleading or infringing the rights of third parties,
3.1.2. commits other behaviors that are inconsistent with applicable law or general principles of using the Internet, or that are detrimental to 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 takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized acquisition and modification of personal data sent on the Internet.
3.3. Personal data entered by the Customer in the Online Store are processed in accordance with all provisions governing the processing of personal data, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with with the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection) (Journal of Laws UE.L No. 119, p. 1), and the Act of May 10, 2018 on protection of personal data (Journal of Laws of 2018, item 1000). Details regarding the processing of personal data are available in the Privacy Policy tab.
3.4. The customer is obliged in particular to:
3.4.1. not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
3.4.2. use the Online Store in a way that does not interfere with its functioning, 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) as part of the Online Store,
3.4.4. use the Online Store in a way that is not inconvenient for other Customers,
3.4.5. use any content posted as part of the Online Store only for your own personal use,
3.4.6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.
3.5. The seller uses cookies on his website. The customer may specify the conditions for storing or accessing cookies in his web browser.
3.6. The Online Store website also enables communication with the Seller. For this purpose, it is necessary to complete the appropriate fields in the form available in the Contact tab and click the send button.

Procedure for concluding a Sales Agreement

4.1. In order to place an Order in the Online Store and conclude a Sales Agreement, you must select the Good or Goods from the Seller’s current offer. The selection is made by clicking on the link to the given Good, and then clicking the “Add to cart” button. When you click on the Basket link, you will be presented with a summary of the selected Goods.
4.2. Placing an Order is possible by clicking the “Proceed to checkout” button.
4.3. Then, carefully enter your data in accordance with 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 regulations of the Online Store and agree to the processing of personal data.
4.5. Clicking the “Buy and pay” button is the final confirmation of the Order, and the data entered and the choices made will no longer be subject to modifications.
4.6. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Seller, in accordance with its content and the content of the Regulations
4.7. After placing the Order, the Customer receives an e-mail with the order number, containing the final confirmation of all essential elements of the Order.
4.8. The contract is considered concluded when the Customer receives the e-mail referred to above.
4.9. The sales contract is concluded in Polish, with the content in accordance with the Order and the Regulations.

Delivery

5.1. The delivery of the Goods is limited to the area of the European Union and takes place to the address indicated by the Customer when placing the Order, with the proviso that free shipping is not applicable to countries other than Poland, and the shipping price will be determined individually, even if as a result of imperfection of the store’s IT system , the system indicated the shipment as “free” for delivery outside of Poland.
5.2. The delivery of the ordered Goods takes place via Inpost, DPD or UPS. Delivery costs will be indicated at the time of placing the Order.
5.3. The delivery time is up to 5 working days from the date of sending the Order by the Customer and making the payment.
5.4. Consolidation, security, disclosure and confirmation to the Customer of the relevant provisions of the Agreement for the sale of Goods takes place by sending the Customer to the e-mail address provided and by confirming and specifying the order.

Prices, payment methods, sales documents.

6.1. The prices of the Goods are given in Polish zlotys and include all components, including VAT.
6.2. The customer has the option of paying the fee:
• by bank transfer to the Seller’s bank account;
• via PayU or cash on delivery.
6.3. By default, retail orders are not accompanied by cash register receipts. 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 sales records using cash registers, i.e. Journal of Laws 2021 pos. 2442. Each customer can receive a VAT invoice on request. Information about the desire to receive a VAT invoice should be reported when placing the order in the “Order Notes” or by selecting the appropriate option during the purchase in the store. By accepting the Regulations, the Customer agrees to receive an invoice electronically (e-mail).
6.4. Goods are delivered via:
• Post,
•by DPD courier
by UPS courier (in individual cases, eg shipping abroad, after prior agreement with the Seller).
6.5. Payments are made by the Customer in the chosen way:
• In advance: traditional bank transfer or electronic payment made through an operator

payment (PayU),

• Cash on delivery, i.e. cash or payment card when collecting the order,
• In advance, using a payment card via the payment operator indicated earlier.
The choice of the method of delivery and payment belongs to the Customer when placing the order by selecting the appropriate options.

Right of withdrawal

7.1. The customer has the right to withdraw from the contract for the sale of goods within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer came into possession of the item or on which a third party other than the carrier and indicated by the Customer came into possession of the item.
The right to withdraw from the contract without giving a reason is not available to the consumer if the buyer has opened the sealed packaging of the goods, which after opening cannot be returned due to health protection or hygiene reasons, legal basis:
Art. 38 of the Act of 30 May 2014 on consumer rights: The consumer is not entitled to withdraw from a contract concluded off-premises or remotely in relation to contracts:
5) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
To exercise the right to withdraw from the contract, the Customer must inform the Seller by e-mail to sklep@encann.pl about his decision to withdraw from the Sales Contract by an unequivocal statement.
7.2. In the event of withdrawal from the Sales Agreement, the Seller returns to the Customer all payments received, including the cost of the cheapest delivery option (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the date on which the statement of withdrawal from the Sales Agreement reached the Seller. The seller will refund the payment using the same payment methods that were used by the customer in the original transaction, unless the customer expressly agrees otherwise; in any case, the Customer does 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 Sales Agreement. To meet the deadline, it is enough to send back the item before its expiry. The customer only bears the direct cost of returning the item. The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, depending on which event occurs first.
7.4 The return of the goods takes place to the address in Poland, which will be provided to the Customer immediately after receiving information about the willingness to withdraw from the contract for the above. Seller’s e-mail address.

Complaints about Goods

8.1. Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the address sklep@encann.pl. The Seller undertakes to consider each complaint within 14 days, and if it is not possible, to inform within this period customer when the complaint is considered.
8.2. In the case of damage to the product in transport, complaints are considered on the basis of a damage report issued by the entity delivering the shipment. The customer should check the shipments before collecting them and in the event of justified concerns about the possibility of damage to the content, report them to the delivery entity.

Complaints regarding the provision of electronic services

9.1. The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
9.2. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store website.
9.3. Irregularities related to the functioning of the Store should be reported by the Customer by e-mail to sklep@encann.pl

Newsletter Regulations

10.1. In the event of consent to the processing of personal data provided in the form on the encann.pl website for the Seller’s marketing purposes, including in particular the receipt of commercial communications by electronic means (e.g. in the form of a newsletter) or by telephone, the Customer will be provided with a service consisting in periodically sending via e-mail, to the e-mail address provided by the Customer (e-mail address), information in the form of an electronic letter (e-mail), hereinafter referred to as the “Newsletter”. The Newsletter service is provided free of charge for an indefinite period.
10.2. The newsletter contains information about the Seller’s product offer, new products, current promotions and other news regarding the Seller and the products offered by him, including opinions, press materials, links to websites friendly with the Seller.
10.3. The customer may at any time, without giving a reason and without incurring costs, change the previously indicated e-mail address to which the Newsletter is sent or unsubscribe from the Newsletter service by sending the Seller a relevant request to the e-mail address sklep@encann.pl .
10.4. Complaints regarding the Newsletter service should be submitted electronically to the address sklep@encann.pl.
10.5. The complaint should contain the Customer’s name, surname, e-mail address, description of the subject of the complaint, including the specification of the request and its justification, and the signature of the person lodging the complaint.
10.6. Complaints will be considered within 14 days of their receipt by the Seller. The Seller shall immediately notify the complainant about the decision on the complaint via e-mail to the e-mail address provided in the notification.

Final Provisions

11.1. CBD oils sold at www.encann.pl are cosmetic products intended for the regeneration of the oral mucosa. Information on the product cards about the amount of CBD refers to the approximate content of the substance in a specific amount of the product (usually 1 drop).
11.2. Settlement of any disputes arising between the Seller and the Customer who is a consumer within the meaning of art. 22 [1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure. In the event of a dispute, both the buyer and the seller agree to settle the dispute amicably before entering a court dispute.
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 registered office of the Seller.
11.4. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to settle disputes out of court. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of the Trade Inspection, the 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 the address http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).
11.6. In matters not covered by these Regulations, the provisions of the Civil Code, the Act on consumer rights, the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.
11.7 By accepting the Regulations, the Buyer confirms that he has also read and accepts the Privacy Policy of the www.encann.pl website. The link to the content of the privacy policy can be found in the footer (at the bottom) of the home page and each subpage of the encann.pl website.