Terms of service

I. DEFINITIONS

The terms used in these Terms of Service mean:

  1. Customer – a natural person, legal entity or organizational unit that is not a legal entity to which special provisions grant legal capacity, placing an order within the online store www.liquidharmony.bio.
  2. Consumer – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
  3. Terms of Service – these terms of service for electronic services provided within the online store www.liquidharmony.bio.
  4. Online Store – the website available at www.liquidharmony.bio, through which the Customer can, in particular, place orders.
  5. Goods – products presented in the online store.
  6. Sales Agreement – a sales agreement for goods within the meaning of the Civil Code, concluded between EcoWay sp. z o.o., ul. Dyrekcyjna 1/142, 50-528 Wrocław, Tax ID: 899-302-73-26, REGON: 541978735 operating the online store, and the Customer, concluded using the online store website.
  7. Civil Code – the act of April 23, 1964, Civil Code (consolidated text Journal of Laws of 2018, item 1025).
  8. Consumer Rights Act – the act of May 30, 2014 on consumer rights (consolidated text Journal of Laws of 2017, item 683 as amended).
  9. Electronic Services Act – the act of July 18, 2002 on the provision of electronic services (consolidated text Journal of Laws of 2017, item 1219 as amended).
  10. Personal Data Protection Act – the act of May 10, 2018 on personal data protection (Journal of Laws of 2018, item 1000).
  11. Order – a declaration of intent by the Customer aimed directly at concluding a sales agreement, specifying in particular the type and quantity of goods.
  12. General Data Protection Regulation – 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) Official Journal of the EU L 119 of 04.05.2016.

II. GENERAL PROVISIONS

  1. These Terms of Service define the rules for using the online store available at www.liquidharmony.bio.
  2. The online store operating at www.liquidharmony.bio is run by EcoWay sp. z o.o., ul. Dyrekcyjna 1/142, 50-528 Wrocław, Tax ID: 899-302-73-26, REGON: 541978735.
  3. The online store conducts sales of goods via the Internet through the website www.liquidharmony.bio.
  4. In order to use the online store, the Customer should independently obtain access to a computer workstation or terminal device with Internet access.
  5. The Terms of Service are located on the pages of the online store www.liquidharmony.bio and are available to everyone at any time.
  6. Prices of goods in the online store are given in Polish zloty and include VAT tax (gross prices) as well as in euros and other currencies, depending on the country where the purchase is made.
  7. EcoWay sp. z o.o. reserves the right to change prices of goods in the online store offer, withdraw goods from sale, introduce new goods to the online store offer, conduct and cancel promotional campaigns on store pages or introduce changes to them.
  8. The online store makes every effort to ensure that product photos reflect their actual appearance as accurately as possible. Due to the fact that display settings as well as parameters of individual monitors may differ from each other, the online store is not responsible for possible differences in color range between the actual appearance of the product and the image displayed on the Customer's monitor.
  9. The online store reserves the right to change prices and delivery costs, particularly in case of changes in price lists of services provided by entities performing deliveries. This change does not apply to orders being processed.
  10. The Customer has the option to pay for the ordered goods by bank transfer or cash on delivery payment.

III. PLACING ORDERS

  1. Orders for goods in the online store www.liquidharmony.bio can be placed through the order form, which is an integral part of the online store platform.
  2. Orders can be made by a Customer who provides data required to fulfill the order or has their account in the online store.
  3. A registered user (account holder) has the ability to make purchases multiple times – without the need to enter their data necessary to fulfill the order each time, track changes in the status of placed orders, view all placed orders including archived (completed) ones, make changes or cancel a placed order that has not been sent for fulfillment, change delivery address.
  4. You can place a one-time order without the need to create an account in the online store.
  5. Selection of ordered goods by the Customer is made by adding them to the shopping cart.
  6. The price given for each product is binding at the moment the Customer receives a message confirming order fulfillment.
  7. When placing an order, the Customer chooses the method of delivery, the costs of which are added to the order value. The Customer bears the cost of delivering the ordered goods along with shipping costs.
  8. Customers from outside the European Union, in addition to shipping costs, also bear costs related to customs duties – these fees are added to the order value.
  9. After placing an order, the Customer receives an email with information about its receipt by the online store (order confirmation).
  10. In case of need to cancel an order, the Customer should contact the online store by phone or email as soon as possible.

IV. ORDER FULFILLMENT – DELIVERY

  1. The basic condition for accepting an order for fulfillment is providing correct contact and address data for shipping when placing the order.
  2. The online store reserves the right to verify the correctness and truthfulness of each order through telephone contact with the Customer at the number provided by the Customer in the order form. Telephone contact will take place only on business days from 9:00 to 16:00.
  3. In case of unavailability of ordered goods, the Customer is immediately informed of this fact in order to make a decision about the method of fulfilling the remaining part of the placed order (partial fulfillment, extending waiting time for missing goods, replacing missing goods with others available in the store, canceling the entire order and refunding money for ordered goods in case of prepayment to the account).
  4. Order fulfillment in case of an order paid by transfer begins after posting the payment made by the Customer.
  5. Order fulfillment in case of cash on delivery orders begins immediately after the order is received by the online store (in case of an order placed on a non-working day, fulfillment begins on the nearest working day).
  6. The online store fulfills orders within 1 to 7 business days.
  7. Transfer data: EcoWay sp. z o.o. ul. Dyrekcyjna 1/142, 50-528 Wrocław, account number: Santander Bank PL05 1090 2529 0000 0001 6274 4081, in the transfer title you should provide the Customer's name and surname and order number.
  8. Goods ordered in the online store are sent only to the address provided by the Customer in the order form.
  9. Shipments are always well secured. Before signing receipt of the shipment, you should carefully examine the packaging. In case of visible significant damage, the Customer should not accept the shipment, and should then prepare a damage report in the presence of the postman or courier.
  10. A proof of sale (invoice) is attached to each order.

V. COMPLAINT CONDITIONS

  1. The online store as a seller is responsible towards the Customer if the sold item has a physical or legal defect (warranty) based on the provisions of the Civil Code.
  2. The online store is obliged to sell and deliver to the Customer goods without physical and legal defects.
  3. The Customer has the right to file a complaint in case the goods have a physical or legal defect (warranty).
  4. A sold good has a legal defect if it constitutes the property of a third party or is encumbered with a third party's right, and also if the limitation in using or disposing of the item results from a decision or ruling of a competent authority.
  5. A physical defect consists in the goods' non-compliance with the sales agreement. Goods are non-compliant with the sales agreement particularly if:
  6. The goods do not have properties that goods of this type should have due to the purpose specified in the sales agreement or resulting from circumstances or intended use;
  7. The goods do not have properties whose existence the online store assured;
  8. The goods were delivered to the Customer in an incomplete state.
  9. The online store is liable under warranty for physical defects that existed at the time of delivering goods to the Customer or resulted from a cause inherent in the goods sold at the same time.
  10. The online store is released from warranty liability if the Customer knew about the defect at the time of concluding the sales agreement.
  11. Complaints should be reported to email address: office@liquidharmony.bio with "COMPLAINT" in the subject line.
  12. In order to consider the complaint, the Customer should deliver the complained product or products along with proof of purchase of this product (products) to the address: EcoWay, Tłokinia Wielka 26 62 – 860 Opatówek with a description of the complaint.
  13. If the sold goods have a defect, the Customer has the right to:
    1. demand replacement of defective goods with defect-free ones or demand removal of the defect or
    2. make a statement about proportional price reduction or withdrawal from the contract, whereby in such case EcoWay sp. z o.o. may immediately and without excessive inconvenience to the Customer replace defective goods with defect-free ones or remove the defect; however, if goods were already replaced or repaired by the online store or failed to fulfill the obligation to replace goods with defect-free ones or remove the defect, the above limitation does not apply and the Customer may make an appropriate statement about proportional price reduction or withdrawal from the contract.
  14. The Customer cannot withdraw from the sales agreement if the defect is insignificant.
  15. Instead of defect removal proposed by the seller, the Customer may demand replacement of goods with defect-free ones or instead of goods replacement demand defect removal, unless bringing goods to compliance with the sales agreement in the way chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the online store.
  16. Complaints are considered no later than within 14 (fourteen) days from the date the online store receives the complaint, of which the Customer will be notified via email to the email address provided by the Customer or SMS to the phone number provided by the Customer or by postal mail to the address indicated by the Customer.
  17. In case of considering the complaint in favor of the Customer – the online store will immediately replace the defective product with a defect-free one or remove the defect or if replacement is not possible, refund the amount for the complained goods in accordance with chapter VII.
  18. The claim for defect removal or replacement of sold goods with defect-free ones is subject to limitation within one year from the day of detecting the defect. If the Customer is a consumer – the limitation period cannot end before the expiry of a 2-year term.

VI. RIGHT OF WITHDRAWAL FROM CONTRACT AND RETURN

  1. The Customer – being a consumer within the meaning of Civil Code provisions, based on the Consumer Rights Act – has the right within 14 days to withdraw from a distance contract without giving reasons and without incurring costs except for section 4. The period for withdrawal from the contract begins:

    • from the date of receiving the fulfilled order (product delivery),
    • from the date the Consumer receives the last part of the fulfilled order if the order is fulfilled in parts.

    To meet the deadline, it is sufficient to send the statement before its expiry.

  2. Withdrawal from the contract in accordance with section 1 requires submitting a written statement within the period specified in section 1 – the Consumer may use the statement template (constituting Appendix No. 1 to the Terms of Service) – located at: (RETURN/EXCHANGE FORM)

  3. In case of withdrawal from a distance contract or a contract concluded outside the entrepreneur's premises, the contract is considered not concluded.

  4. In case of withdrawal from the contract (section 1) the Consumer is obliged to return the goods immediately but no later than 14 days from the day they withdrew from the contract.

  5. The Consumer is responsible for the decrease in the value of goods resulting from using them in a manner exceeding what is necessary to determine their nature, characteristics and functioning.

  6. The direct cost of returning the product as a result of withdrawal from the contract is borne by the Consumer.

  7. The right to withdraw from the contract does not apply to the Consumer regarding contracts (pursuant to Article 38 of the Consumer Rights Act), i.e., among others, for service provision if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the commencement of service provision that after the entrepreneur fulfills the service, they will lose the right to withdraw from the contract.

VII. REFUND OF AMOUNTS TO CUSTOMERS

  1. The online store does not accept shipments sent to it cash on delivery and is not responsible for costs related to such shipments.

  2. The online store will make a refund immediately, but no later than within 14 calendar days in case of:

    • canceling an order or part of an order (in such case the appropriate part of the price is subject to refund) paid in advance before its fulfillment;
    • returning goods by the Consumer (withdrawal from contract), in this case the online store may withhold refund of payments received from the Consumer until receiving the product back or delivery by the Consumer of proof of its return, depending on which event occurs first;
    • accepting a complaint or inability to exchange the product, remove product defect or reduce price.

  3. The online store will make a refund using the same payment method that the Consumer used, i.e., the Consumer's bank account – if the order was paid in advance by transfer or upon receipt by courier or at the post office, unless the Consumer expressly agreed to another refund method that does not involve any costs for them.

  4. The online store is not responsible for lack of refund of paid amounts or delay in refund if:

    • despite sending to the Customer at the email address provided by them a request to send the Customer's bank account number, the Customer does not send such bank account number,
    • when the response does not contain data enabling the refund,
    • if they result from providing incorrect address, name data or incorrect bank account number by the Customer.

VIII. RULES FOR USING THE ONLINE STORE

  1. EcoWay sp. z o.o. conducts sales of goods through the online store www.liquidharmony.bio.

  2. The online store takes actions to ensure fully correct operation of the store to the extent resulting from current technical knowledge.

  3. In order to ensure security of message and data transmission in connection with services provided within the website, the online store takes technical and organizational measures appropriate to the degree of security threat of provided services, in particular measures to prevent acquisition and modification of personal data by unauthorized persons.

  4. The Customer is obliged in particular to:

  5. use all content posted on online store pages only for personal use,

  6. use the online store in accordance with applicable law provisions, provisions of these Terms of Service, as well as general principles of using the Internet,

  7. not provide or transmit content prohibited by law provisions, e.g., promoting violence, defamatory or violating personal rights of third parties,

  8. not undertake actions such as sending or posting unsolicited commercial information (spam) within the online store.

  9. The Customer is obliged to immediately notify the online store about any irregularities or interruptions in the functioning of the online store service at: office@liquidharmony.bio. The notification should include their name and surname, correspondence address, type and date of occurrence of irregularity related to online store functioning. The online store undertakes to consider each complaint within 14 days, and if this would be impossible, to inform the Customer within this period when the complaint will be considered.

IX. PERSONAL DATA, INFORMATION CLAUSES, PRIVACY POLICY

  1. The Customer consents to processing by the online store of personal data such as: name and surname, shipping address, telephone and email address provided by them in the process of registering an account in the online store www.liquidharmony.bio and in the scope of using the online store when placing orders (making purchases).

  2. Providing personal data by the Customer is voluntary, however lack of consent to process personal data indicated in point 1 may prevent contract performance (fulfillment of placed order).

  3. In accordance with Article 13 of the General Data Protection Regulation, I inform that:

    1. The controller of your personal data is EcoWay sp. z o.o., ul. Dyrekcyjna 1/142, 50-528 Wrocław, Tax ID: 899-302-73-26, REGON: 541978735 – operating the online store www.liquidharmony.bio,
    2. Contact regarding personal data office@liquidharmony.bio.
    3. Your personal data will be processed for the purpose of concluding and performing the contract (fulfilling the placed order), i.e., in accordance with Article 6(1)(b) of the General Data Protection Regulation.
    4. You have the right to request from the Controller access to your personal data, their rectification, deletion or restriction of processing, as well as the right to data portability.
    5. You have the right to file a complaint with the President of the Personal Data Protection Office.
    6. Your personal data will be processed by the Controller for the period of contract validity (fulfillment of placed order), and after its completion for the period necessary for:
      1. post-sale customer service (e.g., in the scope of complaint handling),
      2. securing or pursuing potential claims due to the Controller resulting from generally applicable legal provisions,
      3. fulfilling legal obligations incumbent on the Controller resulting in particular from tax and accounting provisions.
    7. Recipients of your personal data will be only entities authorized to obtain personal data based on legal provisions.

  4. Detailed principles of protecting Customers' personal data are regulated in the online store Privacy Policy.

X. NEWSLETTER

  1. The Customer may consent to receiving commercial information electronically from the online store by checking the appropriate option in the registration form or later in the "Your Account" section ("Newsletter" link). In case of expressing such consent, the Customer will receive at the email address provided by them a newsletter of the online store www.liquidharmony.bio, as well as other commercial information sent by the online store on its own behalf and on behalf of third parties.

  2. The Customer may at any time resign from Newsletter subscription independently by unchecking the appropriate field in the "Your Account" section ("Newsletter" link).

XI. FINAL PROVISIONS

  1. These Terms of Service enter into force on the day of their posting on the online store website, the previous terms of service lose their binding force.

  2. The previous terms of service are available in archive version on the online store website.

  3. Local jurisdiction of the court resolving potential disputes arising between EcoWay sp. z o.o. and the Customer is determined by the provisions of the Code of Civil Procedure.

  4. In matters not regulated in these Terms of Service, the provisions of the following acts apply: Civil Code, Consumer Rights Act, Electronic Services Act and Personal Data Protection Act.