Store Terms and Conditions

TERMS AND DEFINITIONS
1. Himalaya Wellness - Himalaya Wellness Poland SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Himalaya Wellness Poland SP. Z O.O.), with its registered office in Warsaw at al. Aleje Jerozolimskie 81 (02-001), entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000741601, NIP 7010833484, REGON 380834475, with share capital of 19 372 400,00 zł.
2. Online Store - the website at www.himalayawellness.pl, where products offered by Himalaya Wellness can be ordered. Also referred to as the Store.
3. Consumer – an individual purchasing goods not directly related to their business or professional activity. Such a person may operate a business, but their actions must not relate to the scope of that business as disclosed under the provisions governing the Central Register and Information on Economic Activity.
4. Customer – a person purchasing goods from the Online Store.
5. Invoice – a printed VAT invoice delivered to the Customer with the shipment containing the purchased goods.
6. e-Invoice – a digital copy of a VAT invoice delivered to the Customer as a PDF file after the appropriate option is selected in the Online Store system when placing an order.
GENERAL INFORMATION
1. The Online Store is operated by Himalaya Wellness.
2. Orders are shipped exclusively within Poland.
VAT INVOICES
1. By accepting these Terms and Conditions, the Customer consents to the issuing and sending, including making available, of VAT invoices, corrections and duplicate VAT invoices electronically to the email address provided when placing the order and on paper to the correspondence address provided when placing the order.
2. A VAT invoice is issued for every order
3. The Customer receives the VAT invoice as a document enclosed with the shipment containing the purchased goods
4. The Customer may request an electronic VAT invoice by contacting the Online Store through the contact form or by emailing contactus@himalayawellness.com.
PRODUCT OFFERING
1. The Online Store is obliged to deliver purchased goods free from defects.
2. The Online Store is liable to the buyer if the item sold has a physical or legal defect.
3. Product prices in the Online Store are stated in Polish zloty, PLN, and include VAT.
4. The price shown for each item is binding when the Customer places the order.
5. The Online Store reserves the right to:
  - change the prices of products offered,
  - introduce new products and withdraw previously offered products,
  - introduce, cancel and modify promotion rules.
6. A limited quantity of goods is allocated to promotional sales.
7. Offer and sell goods to a specifically selected group of Customers with defined characteristics, selected at its discretion.
8. Promotional offers cannot be combined unless the detailed terms of a particular promotion allow it.
ACCEPTING ORDERS
1. Orders are accepted exclusively through the official Online Store website.
2. Placing an order means adding a product to the Online Store cart, correctly completing the order form on the Store website and accepting the Online Store Terms and Conditions.
3. Sales are completed only on the basis of a correctly completed ordering process, presented on the Online Store website as successive steps for the Customer.
4. Placing an order results in the Customer receiving an automatic message from the Online Store confirming acceptance of the order and its submission for processing.
5. If no order acceptance confirmation is received, the order may not have been accepted for processing, and the Customer should independently check its status in the appropriate section of the Online Store website.
6. The order will be fulfilled provided the goods are in stock. If some or all ordered goods are unavailable, the Online Store will email the Customer at the address provided, explaining the status of the ordered goods and asking for a decision on how to proceed with the order and its items.
7. The Online Store regards the information provided by the Customer as binding, including the delivery address entered in the order form, to which the ordered goods will be delivered.
8. The Online Store reserves the right to change the delivery address:
  - at the Customer's express request
  - where the change is reported before the parcel containing the ordered products is submitted for picking and dispatch in the logistics process, and before it is passed to the Online Store's logistics system for delivery
9. The Online Store is not responsible for the consequences of incorrect or incomplete information provided during ordering.
10. The list of products in a correctly placed Customer order cannot be modified.
11. The Customer may cancel an order until it is submitted for delivery in the logistics process, which will be indicated by the appropriate status in the system.
PAYMENT METHOD AND DEADLINE
1. Payment for ordered goods should be made within 3 working days of placing the order using methods specified and permitted by the Online Store. Current payment methods are listed on the Online Store website.
2. Payment for ordered goods is accepted exclusively in Polish zloty (PLN). The Online Store does not accept payment in foreign currencies.
3. Payment in a currency other than that specified in point 2, a foreign currency, is not recognised as payment for the ordered goods.
4. The Online Store is not responsible for the currency conversion process or its consequences, including resulting fees and costs, if the Customer pays in a foreign currency other than Polish zloty (PLN), the only currency accepted by the Online Store.
5. If funds paid in a foreign currency other than the accepted Polish zloty (PLN) are refunded to the Customer, the Online Store will convert them using the National Bank of Poland (NBP) average exchange rate for that currency on the date the claim became due, meaning the date the Online Store received the funds. The refund will be made within 14 days to the bank account from which payment was made.
ORDER PROCESSING
1. Processing of orders paid by online transfer or payment card begins on working days when the payment transaction for the ordered goods is authorised.
2. The Customer can follow the progress of the order by logging into their Store account and through emails sent by the Online Store system.
SHIPPING GOODS
1. The Online Store will make every effort to ensure that order processing takes no more than 5 working days.
2. The Online Store charges a fee covering delivery to the address provided by the Customer. Customers can check this fee at any time on the relevant Online Store page showing shipping costs.
RIGHT OF WITHDRAWAL AND COSTS OF RETURNING GOODS
1. Information for the Customer concerning:
  - how and when to exercise the right of withdrawal;
  - the costs of returning goods following withdrawal, which are borne by the consumer;
  - the costs of returning goods that, by their nature, cannot normally be returned by post;
2. The Customer has no right of withdrawal in relation to contracts:
  - for services fully performed by the trader with the consumer's express consent, where the consumer was informed before performance began that they would lose the right of withdrawal once the trader had fully performed the service;
  - where the price or remuneration depends on financial market fluctuations beyond the trader's control that may occur before the withdrawal period ends;
  - for non-prefabricated goods made to the consumer's specifications or to meet their individual needs;
  - for goods that deteriorate rapidly or have a short shelf life;
  - for goods delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
  - for goods that, after delivery, become inseparably mixed with other items because of their nature;
  - where the consumer expressly requested the trader to visit for urgent repair or maintenance; if the trader also provides services other than those requested or supplies goods other than spare parts necessary for the repair or maintenance, the consumer retains the right of withdrawal for the additional services or goods;
  - for audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery
  - concluded at a public auction;
  - for digital content not supplied on a tangible medium, if performance began with the consumer's express consent before the withdrawal period ended and after the trader informed the consumer that the right of withdrawal would be lost.
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
1. The Online Store Customer may withdraw from the contract within 30 days without giving any reason.
2. The Customer's right to withdraw from the contract with the Online Store expires 30 days after the order is placed.
3. To exercise the right of withdrawal, the Customer:
  - must inform the Online Store of the decision to withdraw through an unambiguous statement sent, for example, by post or email to the Online Store address available on the website in the relevant form.
  - may use the model goods return form, although this is not compulsory.
4. To meet the withdrawal deadline, it is sufficient to send information about exercising the Online Store Customer's right of withdrawal before the withdrawal period ends.
5. If the Customer withdraws from the contract, the Online Store refunds the payments received for the returned products in the order, excluding transport costs, promptly and no later than 14 days after the Online Store was effectively informed of the Customer's exercise of the right to withdraw from the contract.
6. The Customer returns the product or products to: Himalaya Wellness – ZWROT OMNIPACK Sp. z o.o. Ul. Szczecińska 49, 66-400 Gorzów Wielkopolski, Polska, Rampa 48, clearly marking the parcel ZWROT SKLEP Himalaya Wellness and taking care to protect the products properly during transport.
COMPLAINTS
1. The Customer may submit a complaint concerning defective goods under the conditions laid down in the Act of 23 April 1964, the Civil Code (Journal of Laws of 2014, item 121). The Store provides no additional guarantees.
2. For a complaint about purchased goods, the Customer is advised first to contact the Online Store electronically or through its helpline, and then return the completed complaint form together with the product concerned to the address specified in that form.
3. In the complaint form, the Customer should provide their name, address, telephone number, email address, EAN number, the name and batch number or expiry date of the product concerned, and a description of the complaint.
4. The complaint procedure above is recommended and does not exclude complaints in any other form permitted by generally applicable law.
5. The Online Store will make every effort to consider all complaints within a maximum of 14 days from receipt of the goods concerned, pursuant to the Act of 23 April 1964, the Civil Code (Journal of Laws of 2014, item 121).
6. The Customer sends the goods concerned to: Himalaya Wellness – OMNIPACK Sp. z o.o. Ul. Szczecińska 49, 66-400 Gorzów Wielkopolski, Polska, Rampa 48, clearly marking the parcel REKLAMACJA SKLEP Himalaya Wellness
7. The Online Store refunds the full transport cost in a form confirmed by the Store if the complaint is accepted as justified and concerns the entire order. The Customer takes care to protect the product appropriately during transport to the Online Store.
OTHER METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
1. The Customer has, among others, the following options for out-of-court complaint handling and pursuing claims:
  - They may apply to a permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from a concluded Sales Contract.
  - They may apply to a provincial Trade Inspection inspector to initiate mediation aimed at amicably resolving a dispute between the Customer and the Seller.
  - They may obtain free assistance in resolving a dispute between the Customer and the Seller from a district or municipal consumer ombudsman or a social organisation whose statutory duties include consumer protection.
2. Detailed information about out-of-court complaint handling and pursuing claims available to Customers who are consumers, and the rules for accessing these procedures, is available at the offices and websites of district or municipal consumer ombudsmen, consumer protection organisations, Provincial Trade Inspection Inspectorates and the Office of Competition and Consumer Protection.
OTHER
1. The User's personal data is protected under the Online Store Privacy Policy and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.
2. Matters not regulated by these Terms and Conditions are governed by the Civil Code and the Act of 30 May 2014 on Consumer Rights.
3. The Online Store has not adopted a code of good practice as referred to in Article 2 point 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices.
4. The Online Store does not require a deposit or other financial guarantees from the consumer.
5. The Online Store reserves the right to amend these Terms and Conditions. Amended Terms and Conditions take effect 14 days after the changes are made. The Store will publish information about the amendments on its website, clearly identifying the changes. Orders placed before amendments are introduced are fulfilled under the provisions in effect on the date the order was placed.

Any provisions of these Terms and Conditions that exclude or limit consumer rights guaranteed by generally applicable law are not binding on the buyer where they enter into the contract as a Consumer.

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