Home Terms of use
Terms of use

1. Definitions

The words and phrases used in Terms of Use have the following meaning:

  • 1.1. Customer – a natural person, legal person or unincorporated entity granted with legal capacity by specific provisions, placing an Order within the Store;
  • 1.2. Civil Code – the Civil Code act of 23rd April 1964 (as in, the 10th May 2018 act, The 2018 Official Journal, item 1025 as amended);
  • 1.3. Civil Procedure Code – the Civil Procedure Code act of 17th November 1964 (as in, the 14th June 2018 act, The 2018 Official Journal, item 1360 as amended);
  • 1.4. Terms of Use – these Terms of Use for providing services electronically within the encann.pl online store;
  • 1.5. Online Store (Store, Seller) – the website available at www.encann.pl and owned by the company
    ENCANN sp. z o. o. sp. k.
    ul. Nowy Świat 33/13
    00-029 Warsaw
    kontakt@encann.pl
    phone no.: 516 420 360
    NIP no.: 5252794887
    through which the Customer may in particular place Orders;
  • 1.7. Goods – products presented at the Online Store;
  • 1.8. Sales Contract – a contract for sale of Goods within the meaning of the Civil Code, concluded between encann.pl and the Customer, using the Store’s website;
  • 1.9. Personal Data Protection Act – the personal data protection act of 10th May 2018 (The 2018 Official Journal, item 1000);
  • 1.10. Consumer Rights Act – the consumer rights act of 30th May 2014 (as in, the 9th March 2017 act, The 2017 Official Journal, item 683 as amended);
  • 1.11. Electronically Provided Services Act – the electronically provided services act of 18th July 2002 (as in, the 9th June 2017 act, The 2017 Official Journal, item 1219 as amended);
  • 1.12. Order – the Customer’s declaration of intent, with a direct goal of concluding a Sales Contract, specifying in particular the type and quantity of Goods.

2. General provisions

  • 2.1. These Terms of Use specify the terms of using the Online Store available at www.encann.pl
  • 2.2. These Terms of Use constitute the terms of use referred to in art. 8 of the Electronically Provided Services Act.
  • 2.3. The online store, operating at www.encann.pl, is run by the Seller
  • 2.4. These Terms of Use specify in particular:
  • 2.4.1. the terms and conditions of placing Orders electronically within the Online Store;
  • 2.4.2. the terms of concluding Sales Contracts using the services provided within the Online Store.
  • 2.5. Using the Online Store is possible provided that the electronic 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 gain access on their own to a computer desk or end device with Internet access.
  • 2.7. Customers may access these Terms of Use at any time using the hyperlink featured on the home page of www.encann.pl.
  • 2.8. The prices featured on the store’s pages are merely 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 product catalog presented does not constitute a commercial offer within the meaning of the Civil Code, and serves merely informative purposes.

3. Terms of using the Online Store

  • 3.1. The Seller may deprive the Customer of the right to use the Online Store, as well as may limit their access to parts or entirety of the resources of the Online Store, effective immediately, in the event of the Customer violating the Terms of Use, and in particular, when the Customer:
  • 3.1.1. has provided data during their registration at the online store that is untruthful, inaccurate or outdated, misleading or violating the rights of any third parties,
  • 3.1.2. commits any other acts violating the provisions of law in force or general principles of using the Internet or tainting the good name of the Seller.
  • 3.2. In order to ensure safety in transmission of messages and data related to the services provided within the Online Store, the Seller takes technical and organizational measures adequate to the degree of threat to the services provided, in particular measures intended to protect personal data sent over the Internet from being intercepted or modified by unauthorized persons.
  • 3.3. Personal data submitted by the Customer to the Online Store is processed in accordance with all provisions governing personal data processing, in particular in accordance with the 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) (OJ L 119, p. 1), and the personal data protection act of 10th May 2018 (The 2018 Official Journal, item 1000). Details on processing personal data are available in the Privacy Policy tab.
  • 3.4. The Customer is obligated in particular to:
  • 3.4.1. not provide and not submit contents forbidden by the provisions of law, i.e. contents promoting violence, libelous or violating personal rights and other rights of third parties,
  • 3.4.2. use the Online Store in a manner that does not disrupt its functioning, in particular by using specific software or devices,
  • 3.4.3. not perform such acts as: sending or publishing within the Online Store unsolicited commercial information (spam),
  • 3.4.4. use the Online Store in a manner that does not bother other Customers,
  • 3.4.5. only use all kinds of contents published within the Online Store for the purposes of own personal use,
  • 3.4.6. use the Online Store in a manner that complies with the legislation in force on the territory of Republic of Poland, provisions of the Terms of Use, as well as general principles of using the Internet.
  • 3.5. The Seller uses cookie files on their website. The Customer may define the conditions of storage of or access to cookie files in their web browser.
  • 3.6. The website of the Online Store also makes it possible to communicate with the Seller. For that purpose, it is necessary to fill out adequate fields in the form available in the Contact tab and click the Send button.

4. The procedure for concluding a Sales Contract

  • 4.1. In order to place an Order within the Online Store and conclude a Sales Contract, one has to select a Good or Goods out of the Seller’s current offer. The selection consists of clicking a hyperlink for a particular Good, and then clicking the button “Add to cart”. Upon clicking the Cart hyperlink, a summary of the selected Goods will be displayed.
  • 4.2. Placing an Order is possible by clicking the “Proceed to checkout” button.
  • 4.3. Then one has to carefully enter their data according to the names of the form’s fields.
  • 4.4. One has to also select the payment method by checking the adequate option, as well as agree to the terms of use of the Online Store and agree to personal data processing.
  • 4.5. Clicking the “Purchase and pay” button constitutes a final confirmation of the Order, and the data selected as well as the choices made shall no longer be subject to modifications.
  • 4.6. The Customer sending the Order constitutes a declaration of intent to conclude a Sales Contract with the Seller, in accordance with its contents and with the contents of the Terms of Use
  • 4.7. Upon placing the Order, the Customer receives an e-mail message with the order number, containing a final confirmation of all major elements of the Order.
  • 4.8. The Contract is deemed concluded with the moment of the Customer receiving the e-mail message referred to above.
  • 4.9. The Sales Contract is concluded in Polish, with its content in line with the Order and the Terms of Use.

5. Delivery

  • 5.1. The delivery of Goods is limited to the territory of the European Union and is made to the address specified by the Customer when placing the Order, with a condition that countries other than Poland are not covered with free delivery, and the price of delivery shall be determined individually, even if, due to imperfection of the store’s IT system, the delivery was labeled as “free” by the system for delivery outside of the territory of Poland.
  • 5.2. The delivery of ordered Goods is carried out through Polish Post or the Inpost company. The costs of delivery will be determined when placing the Order.
  • 5.3. The delivery time is up to 5 business days from the day of the Customer placing the Order and making payment.
  • 5.4. Recording, securing, making available and confirming major provisions of a Sales Contract for Goods for the Customer takes place by sending them to the Customer at the e-mail address specified and by confirming and specifying the order.

6. Prices, payment methods, sales documents.

  • 6.1. The prices for Goods are provided in Polish zloties and they include all the components.
  • 6.2. The Customer may make payments:
  • • by a bank transfer to the Seller’s bank account;
  • • using a payment processor or on delivery.
  • 6.3. By default, retail orders don’t have cash register receipts attached. The legal basis making it permissible not to attach receipt to deliveries is the Regulation by the Minister of Finances of 28th December 2018 on exempts from the obligation to use a cash register to run sales records, as in The 2018 Official Journal, item 2519. Every Customer may receive a VAT invoice upon request. The information on the wish to receive a VAT invoice is to be submitted when placing the order in the “order notes” section or by checking the adequate option when making the purchase at the store. By accepting the Terms of Use, the Customer agrees to optionally receive an invoice electronically (by e-mail).
  • 6.4. The delivery of goods is carried out through:
  • • Polish Post,
  • • Inpost,
  • • DPD courier (in individual cases, i.e. delivery abroad, upon prior agreement with the Seller).
  • 6.5. The payments are made by the Customer using their selected method:
  • • In advance: traditional bank transfer or digital payment made through a payment operator (DotPay, PayU),
  • • On delivery, which is in cash or with a payment card when receiving the order,
  • • In advance, paying with a payment card through a payment operator specified above.
  • The choice of the delivery and payment method is up to the Customer when placing the order, by checking the adequate options.

7. The right of withdrawal

  • 7.1. The Customer has the right to withdraw from a Sales Contract for Goods within 14 days without giving a reason. The deadline for withdrawal from a contract is 14 days from the day of the Customer coming into possession of the item or of a third party other than the carrier and specified by the Customer coming into possession of the item.
  • The right of withdrawal without giving a reason does not apply to a consumer in the event that the buyer has opened a sealed packaging of a product that can’t be returned once opened due to protection of health or hygienic reasons, the legal basis:
  • Art. 38. of the consumer rights act of 30th May 2014: The right of withdrawal from a contract concluded outside of the company’s site or remotely does not apply to a consumer in relation to contracts:
  • 5) where the subject provided is a product delivered in a sealed container that cannot be returned upon opening the packaging due to protection of health or for hygienic reasons, if the packaging has been opened upon delivery.
  • In order to exercise the right to withdrawal, the Customer needs to inform the Seller by e-mail at sklep@encann.pl about their decision to withdraw from the Sales Contract in form of a unequivocal statement.
  • 7.2. In the event of withdrawal from a Sales Contract, the Seller returns to the Customer all the payments received, including the cost of the cheapest delivery option (with exception of additional costs arising from the Customer selecting a delivery method other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day of the declaration of withdrawal from the Contract reaching the Seller. The Seller shall return the payment using the same payment methods that were used by the Customer for the initial transaction, unless the Customer clearly agrees to a different solution; in any case the Customer does not bear any payments related to the refund.
  • 7.3. The Customer is obligated to return the Goods to the Seller no later than 14 days from the day of withdrawing from the Sales Contract. The deadline is considered met as long as the goods are sent prior to it. The Customer only bears the direct costs of returning the goods. The Seller may withhold the refund until receiving the Product back or until being delivered a shipment confirmation for it, whichever comes first.
  • 7.4 The goods are to be returned to the address on the territory of Poland provided to the Customer immediately upon receiving information on the intent of withdrawal at the above mentioned e-mail address of the Seller.

8. Consumer complaints related to Goods

  • 8.1. Consumer complaints arising from violation of the Customer’s rights guaranteed by law or based on these Terms of Use are to be sent at sklep@encann.pl The Seller is obligated to address every complaint within up to 14 days, and in the event that it is not possible, to inform the Customer within that period when the complaint will be addressed.
  • 8.2. In the event of products being damaged during transportation, complaints are reviewed based on a parcel damage protocol issued by the entity delivering the parcel. The Customer should check their parcel before receipt and, in the event of reasonable concerns about the possibility of the contents being damaged, report it to the delivering entity.

9. Consumer complaints for electronically provided services

  • 9.1. The Seller shall not be held liable, to the broadest extent permitted by law, for disruptions, including breaks, in functioning of the Store caused by force majeure, unauthorized actions by third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  • 9.2. The Customer is obligated to immediately notify the Seller on all abnormalities or breaks in functioning of the Online Store’s website.
  • 9.3. Abnormalities related to functioning of the Store shall be reported by the Customer by e-mail at sklep@encann.pl

10. Newsletter Terms of Use

  • 10.1. In the event of agreeing to processing of personal data provided via the form on the encann.pl website for the Seller’s marketing purposes, including in particular agreeing to receiving commercial messages electronically (i.e. in form of a newsletter) or by phone, the Customer will be provided with a service consisting of periodically sending by e-mail, at the e-mail address provided by the Customer, information in form of an e-mail message, hereinafter referred to as “Newsletter”. The Newsletter service is provided free of charge for an indefinite period of time.
  • 10.2. The Newsletter contains information on the product offer of the Seller, new products, ongoing promotions and other news related to the Seller and the products they offer, including reviews, press information, links to the Seller’s affiliated websites.
  • 10.3. The Customer may at any time, without giving a reason and without bearing any costs, change the previously provided e-mail address the Newsletter is sent to or withdraw from the Newsletter service by sending the Seller an adequate request at sklep@encann.pl.
  • 10.4. Complaints related to the Newsletter service are to be submitted electronically at sklep@encann.pl.
  • 10.5. A complaint should include the Customer’s full name and e-mail address, a description of the subject of complaint, including a specification of the request and its justification, as well as a signature of the person lodging the complaint.
  • 10.6. Complaints will be addressed within 14 days from being received by the Seller. The Seller shall immediately notify the complaint’s author on their decision regarding the complaint by e-mail at the address provided in the submission.

11. Final provisions

  • 11.1. Encann products put on the market after 02/06/2020 (excluding products other than oils) are CBD regenerative oils intended for oral mucosa care. The products comply with the conditions of applicable legal acts of the European Union and are legal. The Encann company shall not be held liable for improper use of their products. The CBD products for sale on the www.encann.pl website are not drugs, medical products, diet supplements, food products of special purpose, or food.
  • 11.2. The settling of potential 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 handed over to competent courts in accordance with terms of applicable provisions of the Civil Procedure Code. In the event of a dispute arising, both the buyer and the seller agree to settle the dispute amicably before taking legal actions.
  • 11.3. The settling of potential disputes arising between the Seller and the Customer who is not a consumer within the meaning of the Civil Code shall be handed over to the competent court for the Seller’s registered office.
  • 11.4. The Seller informs the Customer who is not a Consumer about the possibility of out-of-court methods for addressing complaints and pursuing claims. The terms of accessing such procedures are available in the offices or on the websites of the entities authorized to address disputes out of court. These in particular include consumer ombudsmen or Voivodeship Inspectorates for Commercial Inspections, a list of which is available on the website of the Consumer and Competition Protection Office at http://www.uokik.gov.pl/spory_konsumenckie.php.
  • 11.5. The Seller informs about a platform available at http://ec.europa.eu/consumers/odr/ for an online system of settling disputes between consumers and businesses at EU level (the ODR platform).
  • 11.6. For matters not governed by these Terms of Use, the provisions of the Civil Code, the Consumer Rights Act, the Electronically Provided Services Act and other adequate provisions of Polish law shall apply.
  • 11.7 By accepting the Terms of Use, the Buyer confirms that they have also read and accepted the Privacy Policy of the www.encann.pl website. A hyperlink to the content of the privacy policy can be found in the footer (bottom) of the main page, as well as any other page of the encann.pl website.