Store Terms and Conditions
1. Store owner and place of business: Juvenis Polska Sp. z o.o., registered office in Warsaw, ul. Olecka 23/213, 04-980 Warsaw, NIP: 5213521228, REGON: 141775789.
2. Complaints address: ul. Olecka 23/213, 04-980 Warsaw.
3. Prices are available at aquagold.pl
4. Contact details:
Juvenis Polska Sp. z o.o., ul. Olecka 23/213, 04-980 Warsaw, email: sales@aquagold.pl
5. Shipping means the type of transport service together with the carrier and cost specified in the delivery price list.
6. Proof of purchase means an invoice, bill, or receipt issued in accordance with the Act on Goods and Services Tax of March 11, 2004, as amended, and other relevant legal provisions.
7. Product card means an individual store subpage containing information about a single product.
8. Client means an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
9. Consumer means an adult natural person with full legal capacity making a purchase from the Seller not directly related to business or professional activity.
10. Buyer means both the Consumer and the Client.
11. Cart means the list of products prepared from the products offered in the store based on the Buyer's selection.
12. Place of delivery means the postal address or pickup point indicated in the order by the Buyer.
13. Time of delivery means the moment at which the Buyer or the third party indicated by the Buyer takes possession of the item.
14. Payment means the method of payment for the subject matter of the agreement and delivery specified at aquagold.pl
15. Consumer law means the Consumer Rights Act of May 30, 2014.
16. Product means the minimum indivisible quantity of goods that may be the subject of an order and that is indicated in the Seller's store as the unit of measure when the price is specified (price/unit).
17. Subject matter of the agreement means the products and delivery covered by the agreement.
18. Subject matter of performance means the subject matter of the agreement.
19. Item means a movable item that may be or is the subject matter of the agreement.
20. Store means the online service available at aquagold.pl through which the Buyer may place an order.
21. System means a set of cooperating IT devices and software ensuring processing and storage as well as sending and receiving data via telecommunications networks using the appropriate terminal device for a given network type, commonly referred to as the Internet.
22. Fulfillment time means the number of hours or business days stated on the product card.
23. Agreement means an agreement concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014, in the case of Consumers, and a sales agreement within the meaning of Article 535 of the Civil Code Act of April 23, 1964, in the case of Buyers.
24. Defect means both a physical defect and a legal defect.
25. Physical defect means non-compliance of the sold item with the agreement, in particular if the item:
• does not have the properties that an item of this kind should have due to the purpose specified in the agreement or resulting from the circumstances or intended use;
• does not have the properties whose existence the Seller assured to the Consumer;
• is not fit for the purpose about which the Consumer informed the Seller at the time of concluding the agreement and the Seller raised no objection to such intended use;
• was delivered to the Consumer incomplete;
• in the event of improper assembly and start-up, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer acting according to instructions received from the Seller;
• does not have the property assured by the manufacturer, its representative, the person introducing the item into trade within the scope of business activity, or a person presenting itself as the manufacturer by placing its name, trademark, or other distinguishing mark on the sold item, unless the Seller did not know of such assurances and, assessing reasonably, could not have known of them, or they could not have influenced the Consumer's decision to conclude the agreement, or their content was corrected before the agreement was concluded.
26. Legal defect means a defect consisting in the sold item being owned by a third party or burdened with the right of a third party, as well as a restriction on use or disposal of the item resulting from a decision or ruling of a competent authority.
27. Order means the Buyer's declaration of intent submitted through the store specifying unambiguously the type and quantity of products, type of delivery, type of payment, place of delivery of the item, and Buyer's details, aimed directly at concluding an agreement between the Buyer and the Seller.
28. Data controller means a natural or legal person, public authority, unit, or other body that alone or jointly with others determines the purposes and means of processing personal data.
29. Seller means Juvenis Polska Sp. z o.o., with its registered office in Warsaw.
30. The store aquagold.pl, hereinafter referred to as the "Store", is operated by Juvenis Polska Sp. z o.o., ul. Olecka 23 lok. 213, 04-980 Warsaw. No sales are conducted at this registered office address; it constitutes solely the place of business and registered office of the management board. Returns resulting from withdrawal from the agreement are accepted at: Juvenis Polska Sp. z o.o., ul. Olecka 23 lok. 213, 04-980 Warsaw.
1. The agreement is concluded in Polish and in accordance with Polish law and these Terms and Conditions.
2. The place of delivery must be located within the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver goods free from defects.
4. All time periods are calculated in accordance with Article 111 of the Polish Civil Code, meaning that a period expressed in days ends at the end of the last day, and if the start of the period depends on a specific event, the day on which that event occurs is not counted.
5. Confirmation, disclosure, recording, and securing of all essential terms of the agreement in order to provide access to this information in the future takes place by attaching proof of purchase to the completed order.
6. The Seller informs Buyers about guarantees known to it and granted by third parties for products available in the Store.
7. The Seller does not charge any fees for communication using means of distance communication, and the Buyer bears the costs arising from the agreement concluded with a third party providing the relevant communication service.
8. The Seller ensures proper operation of the Store for Buyers using the system in the following browsers: IE version 7 or newer, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, and Safari, on screens with horizontal resolution above 1024 px.
1. Unless indicated otherwise, all prices include VAT and are quoted in Polish zloty. Product prices do not include delivery costs, which are specified in the delivery price list.
2. The Store reserves the right to change the prices of goods offered at any time, introduce new goods to the Store's offer, withdraw goods from the offer, conduct and cancel promotional campaigns on the Store's pages, or make changes to them. Price changes do not apply to orders placed before publication of the changed price.
1. Orders in the Store may be placed via the website aquagold.pl
2. An order on the Store's website is placed by performing the following actions:
• adding a product to the cart;
• selecting the type of delivery;
• selecting the payment method;
• selecting the place of delivery of the item;
• placing the order in the Store using the button "Order with obligation to pay".
3. The Buyer may use the option of saving data in the Store to facilitate future orders. For this purpose, the Buyer should provide a login and password necessary to access the account. The login and password are strings of characters determined by the Buyer, who is obliged to keep them confidential and protect them from unauthorized access by third parties. The Buyer may inspect, correct, update data, and delete the account in the Store at any time.
4. The Store does not send notifications to the user's email address about a placed order. All information concerning the order, its status, payment status, and the details used when placing it are available in the User Account section.
5. The cart contents may be changed at any time during the ordering process except when the user confirms the order with the "Order" button. To change the cart contents, click the cart icon and then the "View cart" text. In the cart it is possible to remove a product or change its quantity. It is also possible to return to the home page to add more products to the cart by using the "Add to cart" icon on the product list or product page. Changes to the data entered on the "Order placement" screen, i.e. address and shipping data, are possible after placing the order, but only until the invoice is issued by our warehouse. To modify the address details used in the order, the Buyer should log in to the account and make changes in the Profile tab. After placing the order, its content is also available in the Store under User Account --> Order History.
6. The order is forwarded for fulfillment upon receipt of payment by the Store.
7. An order designated by the Buyer as prepaid will be cancelled by the Store after 10 business days from the date it was placed if, before that time, the full amount corresponding to the order value is not received in the Store's account or payment system used by the Store.
8. The agreement with the Client is concluded when the order is accepted by the Seller.
9. Fulfillment of a Client's cash-on-delivery order takes place immediately after the agreement is concluded, and fulfillment of orders paid through electronic payment systems takes place after the agreement is concluded and the Client's payment is posted to the Seller's account.
10. In justified cases, the Store may refuse to fulfill an order previously forwarded for fulfillment. This may occur in particular if the Buyer previously failed to collect an ordered shipment or returned goods, as well as in the case of a high-value order or an order with high delivery costs payable on delivery, and in other situations. The Buyer will be informed of refusal within the period in which dispatch should have taken place. In such a case, the order may be forwarded for fulfillment on special terms after acceptance by the Buyer. If the Buyer does not accept the proposed special terms, the Store will refund any prepayments made within 14 days.
11. If the order data provided by the Buyer is incomplete or otherwise defective, the order fulfillment time is extended by the time needed to complete the missing information. If the data is not supplemented within 10 days from the date on which the Buyer was requested to do so, the order will be cancelled by the Store.
12. The order will be fulfilled provided that the relevant goods are available in stock. Under normal conditions, a Buyer placing an order through the Store's website will not be able to order goods that are unavailable in stock. However, if the ordered goods are unavailable in stock, in whole or in part, or other obstacles to order fulfillment arise, the Buyer, after receiving appropriate information from the Store, decides on the method of fulfillment: partial fulfillment with later completion of the order, if possible (requiring an additional fee for a second shipment), or without later completion, extension of the waiting time for order preparation, or order cancellation. In the event of cancellation or partial fulfillment without later completion, the Store will refund the undue part of the prepayment, if made, within 14 days in the manner described in point 14. The Buyer will be informed about difficulties in fulfillment within the period in which dispatch should have taken place, unless force majeure makes such notification impossible.
13. If, under these Terms and Conditions or applicable law, the Buyer is entitled to a refund of payment made, it will be returned using the same method by which the payment was made.
1. An invoice or receipt in paper form is issued for all orders. The document is sent together with the shipment.
2. The invoice or receipt is available in the user account under User Account --> Accounting Documents.
1. The Store supports online payments only. Online payments in our Store are handled by PayU.pl, a company specializing in online payments. In practice, this is a range of different payment methods gathered under one brand. After placing an order, a user who selected payment via PayU.pl is redirected to a transaction page of PayU.pl secured with the SSL protocol, where the user may choose one of the following forms of payment: transfer payment (e.g. mTransfer, Inteligo, and others). Transfer payment results in almost immediate posting of funds to the Store's account regardless of the bank from which the payment is made, which allows us to begin fulfilling the order more quickly. To use this payment method, the user must have an online banking account with one of the banks supporting this transaction type. Credit/debit card payment is also available. PayU.pl enables payment with Visa and MasterCard credit cards. The Store does not receive the customer's card number, which makes the transaction fully secure.
1. Delivery cost is provided automatically for each order during the ordering process - courier delivery PLN 30 gross.
2. Fulfillment time for shipped orders is 1 business day (counted from the day the order is forwarded for fulfillment - see Placing orders and forwarding orders for fulfillment) plus delivery time.
3. Delivery of a shipment to the indicated address is possible only during the working hours of the company performing the delivery. The courier is not obliged to deliver at the specific hours indicated by the Buyer.
4. If a shipment was sent to the address indicated by the Buyer and within the period specified in these Terms and Conditions, including an extended period referred to in the section Placing orders and forwarding orders for fulfillment, provided that the Buyer consented to it, and if the shipment is not collected despite the delivery company making the contractually agreed number of delivery attempts or after the expiry of the period after which the shipment is returned to the Store, the Buyer decides on further order fulfillment. The Buyer may choose either reshipment of the goods, provided that the Buyer pays the shipping fee again plus the cost of returning the goods to the Store if the Store incurred such cost, or a refund equal to the purchase price reduced by the shipping cost, the return cost to the Store if incurred, and the cost of refunding the remaining amount to the Buyer. In the latter case, any prepayment made will be refunded within 14 days in the manner described in the section Placing orders and forwarding orders for fulfillment. The rules described in this point do not affect the Consumer's right to withdraw from the sales agreement referred to in the Withdrawal from the agreement section of these Terms and Conditions.
5. In accordance with the Polish Civil Code of April 23, 1964, a Buyer who receives a shipment with an order is obliged to inspect it for any shortages or damage that occurred in transport. If the Buyer determines that loss or damage occurred during transport, the Buyer is obliged to take all actions necessary to establish the carrier's liability for the damage.
1. Pursuant to the currently binding text of the Consumer Rights Act of May 30, 2014, a Buyer who is a natural person whose purchase is not directly related to business or professional activity, hereinafter referred to as the Consumer, may resign from goods purchased in the Store (withdraw from the sales agreement) without giving any reason within 14 calendar days from the date of receipt of the shipment, or the last shipment if the order was fulfilled in parts, provided that the order was placed through the Store's website. Goods offered in the Store are not subject to exceptions from the right of return.
2. The condition for withdrawal is submission, within the above-mentioned period, of a declaration of withdrawal from the sales agreement stating the order number, using the contact form in the Contact section and choosing the Returns, complaints department. Dispatch of the declaration before the deadline is sufficient to meet the deadline.
3. The Buyer is obliged to return the goods to the Store at the Buyer's own cost within 14 days from receipt of the shipment. Dispatch of the return shipment before the deadline is sufficient. The Store does not accept any COD return shipments.
4. Subject to points 2-4 and with reservation of point 6 of this Withdrawal from the agreement section, the Store will refund the Buyer an amount equal to the purchase price of the goods together with the shipping cost. If the Buyer returns only some of the items ordered within one shipment, the Store will refund only the amount by which the shipping cost would have been lower if the Buyer had originally ordered only the items that were not returned, using the cheapest delivery methods offered by the Store for the calculation. The money will be refunded without undue delay, no later than within 14 days from receipt of the withdrawal declaration, but not earlier than upon receipt of the returned goods from the Buyer.
5. In the event of withdrawal from the sales agreement, the Buyer is liable for any reduction in the value of the goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
6. The cost of returning the goods to the Store is not refundable.
7. The Store is not liable for non-delivery resulting from the fault of the carrier or for damage to or theft of goods during delivery of such shipment.
8. The Consumer is liable for any reduction in the value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
9. The right to withdraw from the sales agreement does not apply to a Consumer in relation to agreements where the Goods are items that perish quickly or have a short shelf life.
10. The right to withdraw from the sales agreement does not apply to a Consumer in relation to agreements where the Goods are supplied in sealed packaging which, after opening, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.
11. The right to withdraw from the sales agreement does not apply to a Consumer in relation to agreements where the Goods are covered by a promotion.
12. Goods constituting a medical device or foodstuff for special nutritional uses are not subject to return, except where the reason for return is a quality defect, improper dispensing, or counterfeiting.
1. All complaints, including complaints regarding operation of the online store aquagold.pl or regarding services provided electronically, may be submitted to Juvenis Polska Sp. z o.o.:
- in writing to the registered office address of Juvenis Polska Sp. z o.o. (preferably marked "Complaint"),
- through the contact form in the Contact section, selecting the Returns, complaints department.
2. A complaint should include the details of the person or entity submitting the complaint (name and surname or full company name, exact address or email address), the order number, the reason for the complaint, and the content of the request.
3. A response to the complaint is provided in a manner corresponding to the method of submission, i.e. by registered mail to the address provided in the complaint or by email to the email address provided in the complaint, within 30 days from receipt of the complaint, unless a mandatory legal provision provides for a shorter response time.
4. Use of the complaint procedure by the Client is voluntary.
1. The controller of Clients' personal data collected through the online Store is the Seller - Juvenis Polska Sp. z o.o., with its registered office in Warsaw, ul. Olecka 23/213.
2. Clients' personal data collected by the Seller through the website is collected for the purpose of performance of the purchase and sale agreement.
3. Clients' personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC, and the Act on the provision of electronic services of July 18, 2002.
4. Personal data is processed according to the following principles:
• a. processing is necessary for performance of an agreement to which the data subject is party or to take steps at the request of the data subject prior to entering into an agreement;
• b. the data subject has given consent to the processing of personal data for one or more specific purposes;
• c. processing is necessary for compliance with a legal obligation to which the controller is subject;
• d. processing is necessary in order to protect the vital interests of the data subject or another natural person;
• e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• f. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
5. Every person whose data is processed by the Seller has:
• a. the right to be informed about processing operations,
• b. the right of access,
• c. the right to rectify/supplement data,
• d. the right to erase data,
• e. the right to restrict processing,
• f. the right to data portability,
• g. the right to object,
• h. the right not to be subject to profiling.
6. Providing personal data is voluntary, but failure to provide it will make it impossible for the Seller to perform the offered services.
1. None of the provisions of these Terms and Conditions is intended to infringe the Buyer's rights. Nor may they be interpreted in such a way, because in the event that any part of the Terms and Conditions is inconsistent with applicable law, the Seller declares unconditional compliance with and application of that law in place of the challenged provision.
2. Registered Buyers will be informed electronically about changes to the Terms and Conditions and their scope (to the email address indicated during registration or ordering). Notification will be sent at least 30 days before the new Terms and Conditions enter into force. Changes will be introduced in order to adapt the Terms and Conditions to the applicable legal status.
3. The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions section. During order fulfillment and throughout the entire after-sales service period, the Terms and Conditions accepted by the Buyer when placing the order apply. The exception is where the Consumer considers them less favorable than the current version and informs the Seller of choosing the current version as applicable.
4. In matters not regulated by these Terms and Conditions, appropriate applicable legal provisions shall apply. Disputed matters, if the Consumer so wishes, are resolved through mediation proceedings before Provincial Trade Inspection Inspectorates or proceedings before an arbitration court at a Provincial Trade Inspection Inspectorate, or through equivalent lawful pre-court or out-of-court dispute resolution methods indicated by the Consumer. Ultimately, the dispute shall be resolved by the court having local and subject-matter jurisdiction.