Regulations

Terms and conditions of the online shop: ‘369pouches.com’ (valid until 10.10.2024r. 23:59)

Terms and conditions of the online shop: ‘369pouches.com’

I. General Provisions

1. The online store 369pouches.com available at: https://www.369pouches.com, hereinafter referred to as the “Online Store”, is an online sales platform operated by the company under the name of: LUNA CORPORATE spółka z ograniczoną odpowiedzialnością with registered office at Suchy Las (registered address: Obornicka street 174, 62-002 Suchy Las), entered in the Register of Entrepreneurs under KRS no.: 0000873454, using Tax Identification Number (NIP): 6751740806 and REGON no.: 387707640, hereinafter referred to as the “Seller“.
2. These Terms of Use, hereinafter referred to as “Terms of Use” define in particular the rights and obligations of buyers and the Seller.
3. For contact purposes, the Seller provides its email address: support@369pouches.com and telephone number: +48 789755830 (call cost according to the operator’s tariff). The address at which complaints can be submitted is provided in Chapter VII (5) of the Terms of Use.

II. Definitions

In terms used herein shall have the following respective meanings:

1. Online Store – an online store under the domain name https://www.369pouches.com.
2. Terms of Use – this document (terms of use) setting forth the rights and obligations of the Seller and the Buyer as well as the rules for the use of the Online Store.
3. Seller – LUNA CORPORATE spółka z ograniczoną odpowiedzialnością with registered office at Suchy Las (registered address: Obornicka street 174, 62-002 Suchy Las ), entered in the Register of Entrepreneurs under KRS no.: 0000873454, using Tax Identification Number (NIP): 6751740806 and REGON no.: 387707640.
4. Service Provider – as in item 3 above.
5. Buyer – a natural person, legal person and unincorporated body, vested with legal capacity by a specific statute, purchasing Goods via the Online Store.
6. Consumer – a natural person purchasing Goods via the Online Store for a purpose not directly related to their business or professional activity.
7. Entrepreneur with Consumer Rights – a natural person purchasing Goods via the Online Store for purposes directly related to their business activity, where the content of the contract shows that it does not have a professional character for the Entrepreneur, resulting in particular from the object of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, referred to in Article 7aa of the above-mentioned Act of 30 May 2014 on consumer rights.
8. Goods – movable things in the form of products offered under the brands belonging to the Seller, intended for sale via the Online Store run by the Seller on the basis of a sales contract concluded between the Seller and the Buyer (i.e. nicotine pouches that do not contain tobacco).
9. Civil Code – the Act of 23 April 1964 – Civil Code (consolidated text, Journal of Laws of 2022, item 1360, as amended).
10. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2020, item 287, as amended).
11. Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 2020, item 344, as amended).

III. Rules for using the Online Store and conditions for the sale of Goods

1. Placing specific Goods on the Online Store along with their prices does not constitute an offer to sell them, but only an invitation for the Buyer to enter into a Contract. For the purposes of entering into a particular contract, it shall not become binding until the order is accepted for execution by the Seller.
2. A party to contracts concluded with the Seller, in connection with sales made in the Store, may only be a natural person of at least 18 years of age with full legal capacity who purchases Goods only for purposes not related to business or professional activity.
3. The placing an order in the Online Store by the Buyer is conditional on reading these Terms of Use and accepting its provisions in the course of the order execution process.
4. Orders shall be executed exclusively in the Republic of Poland.
5. The Seller shall receive orders via the 369pouches.com website. Before placing an order for Goods available in the Seller’s current offer, the Buyer shall be informed about the main features of the Goods, the total price thereof including taxes, as well as about delivery fees and other costs, if they are related to the execution of the order, as well as about the method and date of payment for the Goods covered by the order.
6. Orders can be placed with the Online Store by filling in the relevant forms available on the Online Store website pages.
7. When placing an order, the Buyer must provide correct personal data: first and last name, address of delivery, email address and mobile phone number.
8. An order shall be confirmed by the Seller sending an appropriate email to the Customer’s address provided in the Order form. The conclusion of the sales contract between the Buyer and the Seller be effected after the Buyer has placed an Order and after its confirmation by the Seller.
9. After receiving the order, the Seller shall verify the stock and inform the Buyer about the availability of the Goods ordered. Having verified the order, the Seller shall, without undue delay, send to the Buyer’s email address a message confirming the acceptance of one or several individual offers for Goods, submitted as part of the order, indicating the expected lead time, thus confirming the conclusion of the sales contract, subject to Chapter II (10) hereof below. The lead time referred to above is usually not more than 14 business days, subject to paragraph 10 below. To this period, the time for delivery by the courier should be added, which usually takes: 7 or 8 business days. In the case of foreign shipments, the delivery time may be extended, of which the Customer will be informed. The lead time is counted from the moment the payment for the product is credited to the Seller’s bank account (in accordance with the provisions of Chapter IV (7) of the Terms of Use).
10. If the order placed by the Buyer cannot be executed due to the unavailability of specific Goods, the Buyer shall be immediately informed thereof. The Seller may indicate to the Buyer the time of delivery of unavailable Goods and if the Buyer expressly accepts such time, the order shall be considered valid, and only the lead time will change as arranged between the Parties through email correspondence. The Parties may also, at the Buyer’s request, change the order in such a way that instead of the unavailable Goods, the Seller will deliver other Goods with similar features and purpose, at the same price.

IV. Payment methods

1. The Buyer can pay for the Goods in the following ways:
   • by bank transfer to the Seller’s bank account number;
   • by electronic payment via the Przelewy24 platform;
2. The Buyer is obliged to make the payment within 7 days from the date of placing the order.
3. The date of payment shall be the date when the funds are credited to the Seller’s bank account.
4. If the Buyer fails to make the payment within the time specified in paragraph 2 above, the contract shall be deemed not concluded, and the order shall be cancelled, unless the Parties agree otherwise by email correspondence.

V. Delivery methods and costs

1. The Goods shall be delivered to the address indicated by the Buyer in the order form.
2. The Goods shall be delivered by a courier company.
3. The delivery cost depends on the total value of the order and the delivery method chosen by the Buyer, and is indicated to the Buyer before placing the order.
4. The delivery time depends on the availability of the Goods and the delivery method chosen by the Buyer, and is indicated to the Buyer before placing the order.

XI. Final Provisions

1. When placing an order, the Buyer undertakes to provide only true data.
2. Whenever reference is made in the Terms of Use refer to working days, these shall be the days from Monday to Friday, with the exception of public holidays in force in Poland.
3. Each Internet user has the right to download the content of the Terms of Use in printable format from the website 369pouches.com and save it on their own medium.
4. The Seller reserves the right to change the Terms of Use for the following important reasons:
   • changes in laws and regulations or issuance of a decision by an authorised body requiring an appropriate change – to the extent necessary;
   • the need to ensure the secure operation of the Online Store and prevent fraud – to the extent necessary;
   • the need to protect the legitimate interests of Buyers – to the extent necessary;
   • to adapt the Terms of Use to the current product offer – to the extent necessary;
   • change in the scope or manner of providing services to which the provisions of the Terms of Use apply, by the Seller introducing new, modifying or withdrawing existing functionalities or services covered by the Terms of Use;
   • changes clarifying or eliminating possible inaccuracies and changes regarding the definitions used in the Terms of Use, changes relating to the Seller’s (business) name.
5. In the event of amendments to the Terms of Use, the Seller shall provide information about such amendment and the consolidated text of the Terms of Use by publishing it in printable format on the Online Store website: 369pouches.com, so that the Buyer can read its content and save it on their own medium. The announcement of an amendment to the Terms of Use referred to in the preceding sentence shall in particular specify the effective date of the amendment of the Terms of Use, not less than 14 calendar days in advance, running from the date of making the amended Terms of Use available, unless the applicable law or the decision of an authorised body requires the Seller to amend them within a shorter time period and subject to Chapter XI (7) of the Terms of Use below. In addition, Buyers who have registered a Customer Account in the Online Store shall be informed about changes to the Terms of Use by sending appropriate information to the email address provided.
6. The Terms of Use enter into force on the day of their publication and shall apply for an indefinite period.

Returns and Complaints

Return and complaint policy of the online shop: ‘369pouches.com’ (valid until 10.10.2024r. 23:59)

I. General Provisions

1. This Return and Complaint Policy, hereinafter referred to as the “Policy“, defines the rules for submitting and handling complaints and returns of Goods purchased in the Online Store 369pouches.com.
2. The terms used in this Policy have the meanings assigned to them in the Terms of Use of the Online Store 369pouches.com.

II. Right of Withdrawal

1. The Consumer has the right to withdraw from the contract concluded with the Seller without giving any reason within 14 days from the date of delivery of the Goods.
2. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or email).
3. The Consumer may use the withdrawal form provided by the Seller, but it is not obligatory.
4. To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
5. In case of withdrawal, the Seller shall reimburse all payments received from the Consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer’s decision to withdraw from the contract.
6. The Seller will carry out the reimbursement using the same means of payment as used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
7. The Seller may withhold reimbursement until receipt of the Goods back or until the Consumer has supplied evidence of having sent back the Goods, whichever is the earliest.
8. The Consumer shall send back the Goods or hand them over to the Seller without undue delay and in any event not later than 14 days from the day on which the Consumer communicates their withdrawal from the contract to the Seller. The deadline is met if the Consumer sends back the Goods before the period of 14 days has expired.
9. The Consumer shall bear the direct cost of returning the Goods.
10. The Consumer is only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

III. Complaints

1. The Seller is obliged to deliver Goods free from defects.
2. The Seller is liable towards the Consumer for defects in the Goods on the terms specified in the provisions of the Civil Code, in particular in Art. 556 and subsequent articles of the Civil Code.
3. Complaints related to defects in the Goods may be submitted:
   • in writing to the address: LUNA CORPORATE spółka z ograniczoną odpowiedzialnością, Obornicka street 174, 62-002 Suchy Las;
   • by email to the address: support@369pouches.com.
4. It is recommended that the complaint include:
   • information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect;
   • the Consumer’s request regarding the method of bringing the Goods into conformity with the contract or a statement of price reduction or withdrawal from the contract;
   • the Consumer’s contact details – this will facilitate and speed up the handling of the complaint.
5. The requirements specified in the preceding paragraph are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6. The Seller shall respond to the Consumer’s complaint without undue delay, not later than within 14 days from the date of receipt of the complaint. If the Seller does not respond to the complaint within this period, it is deemed that the Seller has accepted the complaint as justified.
7. The Consumer who exercises the rights under the warranty is obliged to deliver the defective Goods to the address: LUNA CORPORATE spółka z ograniczoną odpowiedzialnością, Obornicka street 174, 62-002 Suchy Las. If, due to the type of Goods or the method of its installation, the delivery of the Goods would be excessively difficult for the Consumer, the Consumer is obliged to make the Goods available to the Seller at the place where the Goods are located.
8. The cost of delivering the defective Goods to the Seller shall be borne by the Seller.

IV. Final Provisions

1. This Policy is an integral part of the Terms of Use of the Online Store 369pouches.com.
2. In matters not regulated by this Policy, the provisions of the Terms of Use of the Online Store 369pouches.com, the Civil Code and other relevant provisions of Polish law shall apply.
3. The Policy enters into force on the day of its publication on the website of the Online Store 369pouches.com and shall apply for an indefinite period.