Terms and Conditions

The Terms and Conditions define the rules for using, including making purchases, in the BY.HERBS online store available at mydivinegoods.com (the “Store”).

DEFINITIONS
For the sake of clarity of this document, the most frequently used terms are defined below:
1. Customer Account – an individual account that the Customer may create for themself within the Store;
2. Customer – a Consumer or Entrepreneur who uses the Store, including creating a Customer Account, placing an Order and concluding a Sales Agreement;
3. Consumer – a natural person who places an Order and concludes a Sales Agreement for purposes not directly connected with their business or professional activity;
4. Cart – a technical functionality of the Store that allows the Customer to create and place an Order;
5. Privacy Policy – the Privacy Policy of the BY.HERBS Online Store, available at https://mydivinegoods.com/polityka-prywatnosci/;
6. Product – an item or service that is offered in the Store and is the subject of the Sales Agreement;
7. Entrepreneur – a natural person, legal person or an organizational unit without legal personality which is granted legal capacity by a separate act, conducting business activity;
8. Terms and Conditions – these Terms and Conditions of the BY.HERBS Online Store;
9. Store – the BY.HERBS online store, available at mydivinegoods.com;
10. Seller – Superhuman by Nature sp. z o.o. with its registered office in Łódź, address: Prezydenta Gabriela Narutowicza 40/1, 90-135 Łódź, entered in the register of entrepreneurs of the National Court Register kept by the District Court in Łódź, 20th Commercial Division of the National Court Register, under KRS number 0000868176, REGON number: 38745213300000, NIP number: 7252303962, with share capital in the amount of PLN 10,000;
11. Store Website – the website available at mydivinegoods.com;
12. Subscription – a recurring Order (once a month), subject to recurring payment (once a month); the Subscription may be paused or cancelled at least 7 days before the execution of the next Order cycle;
13. Sales Agreement – a distance sales agreement concluded between the Seller and the Customer, the subject of which is the Product;
14. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of services by electronic means;
15. Order – the Customer’s declaration of intent concerning the conclusion of a Sales Agreement, which the Customer submits by means of the Cart.

TECHNICAL REQUIREMENTS
1. Using the Store requires meeting the following technical requirements:
  1. a computer or smartphone equipped with the latest version of the Google Chrome, Apple Safari, Mozilla Firefox or Microsoft Edge browser, with Internet access and cookies support enabled;
  2. an active e-mail address.

GENERAL CONDITIONS OF USING THE STORE
1. These Terms and Conditions constitute the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
2. The Terms and Conditions define the rules of using the Store, in particular the conditions for placing and modifying Orders, creating and operating the Customer Account, making payments, delivery execution, submitting complaints, as well as other rights and obligations of the Customer and the Seller. A person wishing to use the services of the Store must first read these Terms and Conditions.
3. Browsing Products or contacting the Seller using the contact form does not require creating a Customer Account.
4. The Customer is prohibited from providing unlawful content and from using the Store in a manner that disrupts its functioning or is burdensome for the Seller and other Customers.
5. Customers may access these Terms and Conditions at any time via a link placed on the Store Website at https://mydivinegoods.com/regulamin/ and may download and print them.
6. Information about Products provided on the Store Website does not constitute an offer within the meaning of Article 66 of the Civil Code.

CUSTOMER ACCOUNT
1. Creating a Customer Account is optional. The Customer may place an Order without creating a Customer Account in the Store, after reading and accepting the Terms and Conditions.
2. Each Customer may create a Customer Account in the Store. For this purpose, the registration form available at https://mydivinegoods.com/moje-konto/ must be completed and the content of the Terms and Conditions and the Privacy Policy must be accepted.
3. Creating a Customer Account in the Store is free of charge.
4. Logging into the Customer Account is done by providing the login and password established during registration.
5. The Customer Account provides the possibility to:
  1. track the status of Orders being processed;
  2. access the history of Orders placed;
  3. store the Customer’s data necessary for placing Orders (e.g. delivery address);
  4. save and edit the Customer’s personal data.
6. The Customer may delete the Customer Account at any time, without giving a reason and without incurring any fees on this account. To delete the Customer Account, the Customer should send an e-mail to [email protected] or use the dedicated functionality in the Customer Account.

PLACING ORDERS AND CONCLUDING THE AGREEMENT
1. The Customer starts placing an Order by adding selected Products available in the Store’s offer to the Cart.
2. Orders may be placed by Customers who have a Customer Account as well as by Customers who do not have a Customer Account.
3. In order to conclude a Sales Agreement via the Store, the Customer must visit the Store Website and select Products by performing subsequent technical actions based on the messages displayed to the Customer and the information available on the Store Website.
4. The selection of Products ordered by the Customer is made by adding them to the Cart.
5. During the Order placement process – until the button confirming the placement of the Order is clicked – the Customer has the option to modify the data provided and the quantity of selected Products. For this purpose, the Customer should follow the messages displayed and the information available on the Store Website.
6. After selecting all desired Products, the Customer should go to their Cart
  1. A Customer who has a Customer Account, in order to place an Order, is required to:
    1. log into the Customer Account by entering their login and password,
    2. select delivery and payment options,
    3. confirm the Order via the “Buy and pay” button,
    4. each time, before sending the Order to the Seller, the Customer is shown a summary of the Order for confirmation, i.e. the total price and detailed information about the Order.
  2. A Customer who does not have a Customer Account, in order to place an Order, is required to:
    1. accept the Terms and Conditions,
    2. complete the Order form with the necessary data, in particular the Customer’s contact details and the Product delivery address. For this purpose, the Customer should follow the messages displayed and the information available on the Store Website,
    3. select delivery and payment options,
    4. confirm the Order via the “Buy and pay” button,
    5. each time, before sending the Order to the Seller, the Customer is shown a summary of the Order for confirmation, i.e. the total price and detailed information about the Order.
  3. By placing an Order, the Customer submits to the Seller an offer to conclude a Sales Agreement for the selected Products, under the conditions indicated by the Customer in the Order. The Sales Agreement is concluded by the Seller’s acceptance of this offer, at the moment the Customer receives confirmation of the Order conditions sent in an electronic message by the Seller to the e-mail address provided by the Customer in the Order or in the Customer Account.
  4. The Sales Agreement between the Seller and the Customer is concluded after the Seller confirms receipt and acceptance of the Order for processing.
  5. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place via the Store’s sales system, including in the Customer Account, and is sent to the Customer’s e-mail address provided when placing the Order. A Customer who has placed an Order and received the Seller’s statement of acceptance of the offer will receive a digital document confirming the conclusion of the Sales Agreement along with its content, in the manner indicated in the preceding sentence.

PAYMENT AND DELIVERY
1. The Store offers the following payment methods:
  1. payment via an external electronic payment system.
2. The Store offers the following Product delivery methods:
  1. personal collection of Products by the Customer;
  2. postal or courier shipment;
  3. shipment with collection at a parcel locker selected by the Customer.
3. The Store offers Product delivery only within the territory of Poland.
4. The Order will be processed within a reasonable period not exceeding 5 business days – taking into account delivery times provided by the Seller’s partners in this respect.
5. Where the Customer is a Consumer, the Store bears the risk of accidental damage to or loss of the Product in transit. If the Product is delivered with obvious damage caused during transport, the Customer is kindly requested to immediately report this fact to the Seller. Where the Customer is not a Consumer, the Store does not bear the risk of accidental damage to or loss of the Product in transit. At the moment the Product is handed over to the carrier, all risk of loss, destruction or damage to the Product passes to the Customer.
6. Payment for the Order is made immediately upon choosing online payment.
7. The final amount payable by the Customer consists of the Product price and the delivery cost. The delivery and payment cost is always visible to the Customer in the Cart at the Order placement stage.
8. Prices given in the Store are in Polish zloty and are gross prices (including VAT).
9. The Seller issues a VAT invoice at the request of a Customer who is an Entrepreneur. Sales to Customers who are Consumers are documented by receipts. Invoices and receipts are delivered electronically by the Seller after confirming acceptance of the Order.

WITHDRAWAL FROM THE AGREEMENT
1. The Consumer has the right to withdraw from the Sales Agreement without giving any reason within 14 days.
2. The 14-day period for withdrawal from the Sales Agreement starts:
  1. if the Order is delivered in full in a single shipment – from the day on which the Order is received by the Consumer or by another person indicated by the Consumer who is not the carrier;
  2. if the Order includes many Products which are delivered separately, in batches or in parts – from the day on which the last item, batch or part of the Order is received by the Consumer or by another person indicated by the Consumer who is not the carrier;
  3. if the Order consists in the regular delivery of Products for a fixed period (e.g. subscription or subscription-type service) – from the day on which the first of the ordered Products is received by the Consumer or by another person indicated by the Consumer who is not the carrier;
  4. for other agreements – from the day of conclusion of the Sales Agreement.
3. To exercise the right of withdrawal, the Consumer shall submit to the Seller a declaration of withdrawal from the Sales Agreement in documentary form by sending an e-mail or contacting via the contact form. The declaration may (but does not have to) be made using the form which constitutes Appendix No. 1 to the Terms and Conditions.
4. The Consumer shall submit the declaration of withdrawal from the Sales Agreement:
  1. by e-mail sent to the address [email protected];
5. If the declaration of withdrawal is made by e-mail or via the contact form, the Seller shall immediately confirm receipt of the information on withdrawal by e-mail sent to the Consumer’s address indicated in the declaration.
6. To meet the 14-day deadline indicated above, it is sufficient for the Consumer to send the declaration of withdrawal from the Sales Agreement before the expiry of this period in any of the ways indicated above.
7. If the Consumer withdraws from the Sales Agreement, such agreement is deemed not concluded.
8. If the Consumer withdraws from the Sales Agreement, then:
  1. the Seller shall refund to the Consumer immediately, and in any case not later than within 14 days from the day of receipt of the declaration of withdrawal from the Sales Agreement, all payments received from the Consumer, including the costs of delivering the Products, except for additional costs resulting from the delivery method chosen by the Consumer other than the least expensive usual delivery method offered by the Seller;
  2. the Seller shall refund the payment using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different method that does not involve any costs for the Consumer;
  3. the Consumer is obliged to return the Products to the Seller immediately and in any case not later than 14 days from the day on which the Consumer informed the Seller about withdrawal from the Sales Agreement by sending them to the address indicated in point 14 of the Terms and Conditions. The deadline is met if the Consumer sends back the item before the expiry of the 14-day period.
  4. The costs of returning the Products in connection with withdrawal from the Sales Agreement are borne by the Consumer.
  5. The Customer is liable only for any diminished value of the Products resulting from the handling of them in a way other than what is necessary to establish their nature, characteristics and functioning.
  6. The Seller may withhold reimbursement until the Products are received back or until the Consumer has supplied evidence of having sent back the Products, whichever occurs first.

PERSONAL DATA PROTECTION
1. The rules for processing Customers’ personal data by the Seller are defined in the Privacy Policy available at https://mydivinegoods.com/polityka-prywatnosci/.
2. The Privacy Policy constitutes an integral part of the Terms and Conditions.
COMPLAINTS
1. The Seller is obliged to deliver Products to the Customer free from defects. The Seller is liable towards the Consumer if the Product has a physical or legal defect (statutory warranty). If the Product has a defect, the Consumer may submit a declaration requesting a price reduction or withdrawal from the Sales Agreement, or demand that the defective Product be replaced with one free from defects or that the defect be removed.
2. The Customer has the right to submit a complaint:
  – via e-mail to: [email protected]
3. The Customer’s complaint should include:
  1. information concerning the Product, in particular the type and date of occurrence of the defect;
  2. an indication of the Customer’s request regarding the method of remedying the defect (replacement of the Product with a new one, repair of the Product, price reduction, withdrawal from the Sales Agreement – if the defect is material);
  3. the contact details of the Customer submitting the complaint.
4. When exercising rights under the statutory warranty – if the Seller deems it necessary for the complaint to be considered – the Customer is obliged to deliver the defective Product at the Seller’s expense to the Seller’s address.
5. The Seller takes steps to ensure that the Store functions correctly and undertakes to remove any irregularities reported by Customers within a reasonable time.
6. The Customer may notify the Seller of any irregularities in the functioning of the Store via the contact form or by e-mail to: [email protected]
7. A complaint regarding irregularities related to the functioning of the Store or the Customer Account should include: the type and date of occurrence of the irregularity.
8. The Seller undertakes to respond to the complaint immediately, not later than within 14 days from the date of its submission.

SELLER’S LIABILITY
1. With regard to Sales Agreements concluded between the Seller and Customers who are not Consumers, the Seller is liable only in the event of damage caused intentionally and within the limits of the losses actually incurred by the Customer who is not a Consumer.
DISPUTE RESOLUTION
1. If the Customer is a Consumer, the Seller informs that there are possibilities to use out-of-court methods of dealing with complaints and pursuing claims. Using them is voluntary and may only take place if both parties to the dispute agree to it.
2. The Consumer may apply for the initiation of proceedings regarding out-of-court resolution of consumer disputes concerning the concluded Sales Agreement to the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection.
3. The Consumer may also apply for the dispute concerning the concluded Sales Agreement to be examined by a permanent consumer arbitration court operating at the relevant voivodeship inspectorate of the Trade Inspection, in accordance with Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
4. The European Commission also provides a platform for online dispute resolution between Consumers and entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/
5. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures, is available at the offices and on the websites of voivodeship inspectorates of the Trade Inspection and at: https://uokik.gov.pl/spory_konsumenckie.php.

AMENDMENTS TO THE TERMS AND CONDITIONS
1. The Seller may amend the Terms and Conditions in the following cases:
  1. a change in legal provisions which requires updating the content of the Terms and Conditions;
  2. a change in the functionalities of the Store Website or the rules of operation of the Store that affects the content of the Terms and Conditions.
2. The Seller shall inform Customers about amendments to the Terms and Conditions at least 14 days before the amendments enter into force. Customers who have a Customer Account will receive information about the planned amendments via e-mail sent to the address provided in the Customer Account. Other Customers will receive information about the planned amendments when visiting the Store Website.
3. If the Customer does not accept the new content of the Terms and Conditions, the Customer will lose the possibility to use the Store and access the Customer Account upon the entry into force of the Terms and Conditions in the new wording. The Customer Account will be permanently deleted 30 days after the date of entry into force of the Terms and Conditions in the new wording.
CONTACT WITH THE SELLER
1. Contact with the Seller is possible via:
  - e-mail: [email protected]
FINAL PROVISIONS
1. Sales Agreements are concluded via the Store in the Polish language.
2. The Terms and Conditions are governed by Polish law.
3. All disputes with Customers who are not Consumers arising from the application, performance or interpretation of the Terms and Conditions shall be resolved by a common court competent for the Seller’s registered office.

Declaration of withdrawal from the agreement