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kontakt@basanti.eu
+48 885 181 021

+48 885 181 020

Damajanti Sp. z o.o.

ul. Inwalidów Wojennych 12
43-603, Jaworzno

Company

REGULATIONS OF THE WEBSITE AND ONLINE STORE

 

§1. INTRODUCTORY PROVISIONS

These regulations are an integral part of the distribution agreement for the Products presented by Damajanti Sp. z o.o., based in Jaworzno at 12 Inwalidów Wojennych Street, operating under KRS number: 0001089827.

 

The regulations define the general conditions, basic principles, and method of conducting distribution carried out by the Online Store at the address https://www.basanti.eu, hereinafter referred to as the "Online Store", for the benefit of Distributors. A prerequisite for using the Online Store is the creation of an account in the Company's Service, familiarization with the content of the regulations, full acceptance of the conditions specified in these regulations, and meeting the technical requirements.

 

The regulations also define the rules for using the Website, the Online Store, and the services presented by the Company, as well as the scope of rights and obligations of the Company and the Distributor. In the absence of an account creation in the Company's Service, acceptance of the regulations, and failure to meet the technical requirements, using the Online Store is not possible. The products available in our Online Store are intended solely for entrepreneurs for purposes directly related to their business activities.

 

§2. Store Data and DEFINITIONS

Whenever the terms listed below are used in these regulations, they should be understood as follows:

Company – Damajanti Limited Liability Company based in Jaworzno at 12 Inwalidów Wojennych Street, 43-603 Jaworzno, registered in the National Court Register maintained by the District Court in Katowice – West in Katowice, VIII Economic Department of the National Court Register under KRS number: 0001089827, share capital: 5,000.00 PLN, REGON: 528402244, NIP: 6322037041,

contact details: Damajanti Limited Liability Company based in Jaworzno at 12 Inwalidów Wojennych Street, 43-603 Jaworzno

email address: damajanti@vp.pl

correspondence address: 12 Inwalidów Wojennych Street, 43-603 Jaworzno

Direct Distributor (Client) – a natural person, legal entity, or organizational unit without legal personality, referred to in Article 331 of the Civil Code, conducting business activity, who enters or intends to enter into a distribution agreement through the Online Store, for purposes directly related to their business activity, for further resale of products.

Indirect Distributor (Seller) – a natural person, legal entity, or organizational unit without legal personality, referred to in Article 331 of the Civil Code, conducting business activity, who has entered into a distribution agreement for the purpose of mediating the resale of Products to Direct Distributors or acquiring products for further resale to Direct Distributors for purposes directly related to their business activity.

User – a natural person, legal entity, or organizational unit without legal personality, referred to in Article 331 of the Civil Code, conducting business activity, who has an account registered on the Online Store's website and has the ability to use the Service for purposes directly related to their business activity.

Account – a collection of resources and permissions of the Online Store, assigned to a specific User's email address and secured by a password;

Product – goods available in the assortment of the Online Store;

Packages – variants of access to Products defining the type of Product and the quantity of products, displayed in the Price List,

Offer – a price proposal that does not constitute an offer within the meaning of the provisions of the Civil Code, but merely an invitation to conclude a contract,

Registration – the establishment of an Account by the Distributor on the website of this Service and the acceptance by the Distributor of the provisions of these Regulations and the Privacy Policy referred to in § 2 point 12 of these Regulations.

Working days - weekdays counted from Monday to Friday, excluding statutory holidays,

Online Store - operated at the address https://www.basanti.eu, an Online Store owned by Damajanti Limited Liability Company based in Jaworzno at 12 Inwalidów Wojennych Street, 43-603 Jaworzno, email: damajanti@vp.pl

Civil Code – Act of April 23, 1964 - Civil Code;

Privacy Policy – a separate document in the Service constituting an integral part of the regulations, describing how the Company/Administrator processes the personal data of Users of the Online Store, available at: https://www.basanti.eu

"The rules for the distribution of products of the Basanti and Damajanti brands and the rights to the products and brands of Basanti and Damajanti – a separate document that is an integral part of the regulations, describing the rules for the distribution of products, the Company's rights to the products, and a confidentiality agreement."

 

 

"§3 ACCOUNT REGISTRATION ON THE WEBSITE"

"Access to the Store's resources requires the User to create an Account in the Service."

"The User may have only one Account."

"Account registration is possible by:"

"completing the contact form available in the Service along with the information about the intention to create an Account and providing the following data:"

"First and last name"

"Company Name"

"User's Company Tax Identification Number (NIP),"

"User's email address"

"User's contact phone"

 

"activating the Account by the Client via a link generated by the Seller after providing the Client's data and sent to the Client at their email address. The Account is created by entering and confirming a password and confirming the data by clicking the "Register" icon. The entered password will be used for logging into the Account."

"In the case of Account Registration by completing the contact form available in the Service, the Company verifies the User and creates an Account for the User by sending a registration link to the email address. After creating the Account, the User sets an individual password for the Account."

"Providing data for Account registration in accordance with the requirements of these Regulations is voluntary; however, failure to provide data will prevent the creation of an account in the online Store and the conclusion of a distribution agreement."

"The User is obliged to keep confidential the data necessary for logging in. The Company is not responsible for damages caused by third parties who have obtained the data necessary for logging in."

"By registering, the User confirms that they have read the content of the Regulations and the Privacy Policy and accepts them in full."

"Acceptance of the rules for the distribution of products of the Basanti and Damajanti brands and the rights to the products and brands of Basanti and Damajanti, as mentioned in §2 point 13 of these regulations by the Client occurs by checking the appropriate checkbox at the time of placing an order or at the time of accepting the offer sent by the Seller."

"Acceptance of the rules for the distribution of products of the Basanti and Damajanti brands and the rights to the products and brands of Basanti and Damajanti, as mentioned in §2 point 13 of these regulations by the Seller occurs by signing or electronically signing the document sent by the Company before the Account registration."

"The Company reserves the right to verify the data provided by the User during Registration via email or by phone. The Company has the right to refuse to create or delete an Account created in the online Store's IT system if the provided data is untrue."

"The Company reserves the right to modify the form describing the User of the Website by modifying, including changing, deleting, or adding additional fields for data verification, and the User agrees to complete them truthfully and with due diligence and to the best of their knowledge."

"By placing an Order through the Account, the Distributor declares that the information contained therein is, to the best of their knowledge, true, does not mislead the Company, and remains current at the time of placing the order. In this regard, the User, by Registering the Account, agrees to promptly update all information entered, provided, or otherwise made available to the Company in connection with the provision of product distribution services, as well as to supplement the data and provide new data in the event of previously unknown circumstances."

"The User is obliged to provide true and complete data under the penalty of refusal of Registration and granting access to the resources of the Service or its blocking and deletion of the Account due to the User's fault."

"The User is solely responsible for the data provided by them. In the event that the data provided by the User is not true, particularly in the case of providing false statements regarding the registration of the Account in connection with the User conducting business activities, the User is liable for damages to the Company."

"The Account, which is used by the Seller, has separate functionalities enabling mediation in the distribution process of Products between the Company and the Client through:"

generation and sending to the Client's email address of a link for Account Registration in the Service by the Client, allowing the Client to independently place orders in the online Store, which will also be assigned to the Seller's Account acting as an intermediary;

sending offers for Product orders to Clients in the form of one-time purchases or subscriptions prepared by the Company. To send an offer to the Client, the Seller enters the Client's data into the appropriate fields in the available offer form and sends it to the Client's email address. Acceptance of the offer constitutes the placing of an order in accordance with the provisions of this Regulation.

Changing the password is possible after logging into the service, in the "Client Panel", in the "Connection & Security" area.

In case of losing the password to the Account, you should click on the "Reset Password" tab, and then enter your email address. After linking the entered email address with the existing Account in the Service, a message with a link and instructions for changing the password will be sent to the email address.

The User acknowledges and agrees to the Distributor obtaining additional economic benefits, primarily in the form of discounts, including rebates and free products resulting from the User's expenses on behalf of the Company.

It is prohibited to use the online Store and gain access to it by a User located in any jurisdiction where the provision of Services is prohibited under Polish law, European Union law, US law, or any other applicable statutory and executive regulations ("Prohibited Jurisdiction"), and it is also prohibited to provide access to the Services to any government, entity, or individual located in any Prohibited Jurisdiction.

By registering an Account on the Website, the User declares, guarantees, and undertakes that:

they are not on any government list of individuals or entities prohibited from transacting with any person from Poland, the USA, the European Union, or any other country;

they are not a citizen of any prohibited jurisdiction nor a company registered in any prohibited jurisdiction;

they will not allow unauthorized Users to access or use the Services in violation of any US, European, or other applicable embargoes, prohibitions, or export restrictions;

they will comply with all applicable regulations regarding the transfer of data exported from the country where the user is located (or their Authorized users).

 

 

§4 SUBSCRIPTION AGREEMENT

The subscription agreement is a service involving the delivery of Products selected by the Distributor in a specified quantity or selected Package, in monthly periods, after making advance payments, the amount of which is specified in the Price List.

The first subscription advance payment is made at the time of placing the order for the subscription agreement in the online Store.

Subsequent subscription advance payments are made monthly in advance by the Distributor via bank transfer or Blik payment through the S24 system or automatically deducted using the debit or credit card registered at the time of the first payment, starting from the month following the month in which the subscription agreement was concluded.

Invoices for subsequent subscription fees are issued on the first working day of each month during the term of the subscription agreement. The first subscription invoice is issued after the first subscription payment is made.

Each subsequent subscription advance payment made independently by the Distributor must be made no later than the 7th (seventh) day of each month. The date of the advance payment is considered to be the date of crediting the Company's bank account. Automatic deduction of funds from the debit or credit card occurs on the first day of each month.

The Distributor is notified of the approaching deadline for the subscription advance payment before the deadline expires by sending a payment reminder to the Distributor's email address.

In the case of an automatically made subscription advance payment from a debit or credit card, the Distributor is obliged to ensure that funds are available on the payment date to fulfill the service.

In the event of insufficient funds on the payment date, the Company will make another attempt within 3 working days.

If there are insufficient funds on the second attempt to collect the fee or if the subscription payment is not made by the 14th (fourteenth) day of the month, the Company has the right to send an electronic reminder to the email address assigned to the User's Account during the registration of the Account.

The total number of electronic reminders may not exceed 2 (two) in a given subscription month.

In the event of non-payment for the subscription prepayment for a period longer than 14 days after the payment due date, the Company also has the right to issue a written reminder (demand for payment) sent to the correspondence address assigned to the User Account, charging the Distributor for its cost.

The Company has the right to issue a written reminder (demand for payment) in an amount not exceeding one (1) written reminder regarding one subscription fee in a given month.

The Company has the right to terminate the subscription agreement without notice if the Distributor fails to settle the debt by the deadline specified in the written reminder referred to in §4 point 11 of these Regulations, despite reminders sent by the Company. Termination of the subscription agreement will be sent to the Distributor's email address. In the event of termination of the subscription agreement by the Company, the Company will cease delivering Products under the subscription starting from the month following the month in which the agreement was terminated.

Changing the subscription variant by increasing the number of Products or increasing the Package is possible at any time and takes effect from the next subscription month.

The Company does not allow for the possibility of reducing the subscription variant by decreasing the number of Products or reducing the Package.

Information about fees and arrears is displayed on the individual User Account, among other places. The User manages their Account and is obliged to update the information contained therein in the event of any changes.

The subscription agreement may be terminated by the Distributor with 3 months' notice, at the end of the subscription month. The notice of termination of the subscription agreement must be sent to the Company's email address: damajanti@vp.pl.

The subscription agreement is concluded for an indefinite period.

In the event of a change in the amount of subscription fees during the term of the subscription agreement, the Company will inform the Distributor of the price change by sending information to their email address. Failure to provide clear acceptance of the changed conditions within 14 days from the date of delivery of the notification results in the immediate termination of the subscription agreement. Regardless of the above, the Distributor will receive Products under the paid subscription fee collected before the termination of the subscription agreement.

In the event of changes to these regulations or the principles of distribution of Basanti and Damajanti brand products and rights to Basanti and Damajanti products and brands, as referred to in § 2 point 14 of these regulations, the Company will inform the Distributor who entered into the subscription agreement of the changes by sending information to their email address. If the Distributor disagrees with the proposed changes, they have the right to terminate the agreement within 14 days from the date of receiving information about the changes with immediate effect. Regardless of the above, the Distributor will receive Products under the paid subscription fee collected before the termination of the subscription agreement.

 

§5 ORDERS. CONCLUSION OF THE AGREEMENT

Placing an order and concluding an agreement is possible after creating an Account and logging into the Account or by accepting the offer prepared by the Company and sent by the Seller to the Client.

The Distributor has the option to purchase Products either as a one-time purchase or in the form of a subscription agreement regulated in § 4 of these Regulations.

The Company allows for the purchase of Products in Packages, i.e., in quantities predetermined by the Company, as well as in individual units.

The prices of Packages represent the price for the total quantity of Product units in a given Package. Package prices vary depending on the form of distribution (one-time or subscription).

Information about Products presented in the online Store does not constitute an offer within the meaning of the Civil Code, but rather an invitation to conclude a distribution agreement.

To place an order, you must select the Products and their quantity or the appropriate Package, in the chosen form of distribution (one-time or subscription), and then add them to the cart by clicking the "Add to cart" button. This is followed by a transfer to the "Delivery" gateway and then to "Payment". Clicking this button means placing an order. From the moment of payment, the Client cannot modify the entered data.

The prices presented in the online Store do not include delivery costs. Delivery costs are always provided during the order placement and are included in the total order value.

In the case of a subscription agreement, the delivery of Products is free of charge.

Information about the total value of the order and delivery costs are the total costs that the Distributor is obligated to pay along with the applicable taxes.

In the event of non-receipt of payment for the placed order, the order is considered improperly placed, which means that the contract is not concluded, and the order will not be fulfilled.

Confirmation of the placed order and its acceptance for execution is sent to the Distributor's email address. Upon receipt of the confirmation message regarding the placed order and its acceptance for execution, a distribution agreement is concluded between the Distributor and the Company.

Orders in the online store can be placed twenty-four hours a day, seven days a week – excluding rare situations when maintenance work is being carried out on the Site or for other technical reasons the Site is unavailable.

 

 

§6 DELIVERY AND EXECUTION TIME.

Goods are delivered only within Poland.

Delivery of Products takes place at the address indicated by the Distributor as the delivery address in the 'Customer Panel' account tab or at the time of placing the order.

The order is accepted for execution after confirming the receipt of payment for the ordered Products.

The delivery time is from 1 to 14 working days from the day the order is accepted for execution.

In the case of a subscription agreement, the time of the first delivery is from 1 to 14 working days from the day the order is accepted for execution. The time of subsequent subscription deliveries occurs between the 1st and 14th working day of the following month.

The Distributor will be informed by phone or email about changes in the execution time or inability to fulfill the order on time.

Delivery of orders and subscriptions is carried out by courier service selected by the entity fulfilling the order shipment.

The Distributor does not have the option to choose the type of delivery.

Delivery costs are specified in the Delivery Price List. Delivery costs are also visible when placing the order.

Upon delivery of the ordered Products, the risk of accidental loss or damage passes to the Distributor.

The Distributor is obliged to check the condition of the Product upon delivery of the shipment, in the presence of the transport service provider. In case of any damage to the shipment, the Distributor is obliged to draw up a relevant protocol.

In the event of non-acceptance of the shipment and its return to the sender, or refusal to accept it by the Distributor, it will be returned to the Company at the Distributor's expense. The Distributor may request reshipment, which will be associated with the necessity to incur additional shipping costs.

  

§7 PAYMENT TERMS

Payment is made via an external electronic payment system, Stripe.

Payment is made through the S24 system by bank transfer or Blik payment or using a debit or credit card. In the case of a one-time purchase using a debit or credit card, the Distributor may consent to save the card details.

The Company does not provide for the possibility of payment for the order by cash on delivery, traditional bank transfer, postal transfer, or online transfer.

Payment is deemed completed upon the conclusion of the payment transaction between the Distributor and the chosen payment operator. In the event of non-payment or payment rejection by the operator, the order is canceled and the distribution agreement is not concluded.

By accepting the terms of the Website, the User agrees to the issuance of VAT invoices by the Company in electronic form - without the issuer's signature.

The obligation to pay the invoice is not dependent on its acceptance by the Distributor.

Invoices and corrective invoices for Products are available in the 'Your Invoices' section of the account.

The Distributor declares that the placement of the VAT Invoice, including the corrective invoice, in the administrative panel is treated by both parties as delivery of the invoice. The Distributor undertakes to download and appropriately record the VAT Invoices made available in this way, including corrective invoices.

 

 

§8 PRICES

The Company reserves the right to make changes to the Price List. Changes will be announced in the Service in the 'Price List' tab and will not affect orders placed before the price change is published.

Price changes in the case of a subscription agreement are regulated by §2 point 14 of these regulations.

The prices quoted by the Company in the Price List are net prices, to which VAT will be added at the appropriate rate in accordance with the Act of March 11, 2004, on Goods and Services Tax (hereinafter: VAT Act) (Journal of Laws of 2016, item 710, as amended).

By placing an order, the Distributor accepts the Price List available on the Company's Website.

Marketing promotions and discounts on services are created in accordance with the Company's policy and remain available in the Price List.

 

§9 COMPLAINTS AND WARRANTY

The Company does not provide a warranty for the Products sold and does not offer after-sales services.

By accepting the provisions of these regulations, the User agrees to the contractual exclusion of the Company's liability under warranty.

The Company allows returns only for damaged products. Returns of products are possible within 14 calendar days from the date of delivery of the order.

To make a return, an email must be sent to the Company's email address:damajanti@vp.plwith a message indicating the reason for the return of the product along with a photo of the damaged product.

The Company will consider reported returns within 14 calendar days from the date of receipt of the return email. In exceptional cases, the Company reserves the right to unilaterally extend the return consideration period to 30 calendar days from the date of receipt of the return email. Lack of feedback within this period does not constitute automatic acceptance of the return.

Within 14 calendar days from the date of positive consideration of the return, the Company will refund the amount equivalent to the price of the damaged product being returned. The refund will be made to the Distributor's bank account.

In the case of a return of a damaged product from a Package, the value of the funds to be refunded is determined by dividing the price of the Package paid by the Distributor by the number of products in the Package, and then multiplying the obtained amount by the number of products being returned from the Package.

In the case of a return of a damaged product purchased under a subscription agreement, the value of the funds to be refunded is determined by dividing the subscription fee paid for the subscription delivery including the damaged product by the number of delivered products under the subscription fee, and then multiplying the obtained amount by the number of products being returned from the subscription delivery.

 

§10 LIABILITY FOR DAMAGES

The Company's liability for damages for breach of obligations arising from the distribution agreement is limited to the amount that the Client paid for the Product along with delivery costs.

 

 

§11 PROCESSING OF PERSONAL DATA

In order to conclude and execute distribution agreements, establish and maintain an Account, as well as fulfill the Company's obligations arising from the conclusion of distance distribution agreements, the Company processes the personal data of Distributors and Users, which are provided voluntarily. All information regarding the processing of personal data can be found in the Privacy Policy available at:https://www.basanti.eu/polityka-prywatnosciThe Privacy Policy constitutes an integral part of this

 

§12 REVIEWS IN THE ONLINE STORE

A review can only be submitted by a Distributor who has actually purchased the given product in the online store.

It is prohibited to post reviews that:

may violate or limit the rights of the online store or third parties, including in particular copyright, trademarks, or other intellectual property rights or rights of publicity;

may serve unlawful actions, including constituting an act of unfair competition against the online store, or violate the personal rights of the online store or the Company,

contain false and misleading information;

contain content contrary to applicable law, are offensive, contain threats,

contain obscene or vulgar content,

contain defamatory, obscene, pornographic, racist, or discriminatory content against third parties,

contain slander or promote violence;

contain false claims regarding facts;

contain claims regarding health;

contain confidential information or personal data, including providing: name, surname, address, or phone number;

contain technically harmful content, such as potentially harmful software or files,

mention specific prices;

encourage purchases from competing entities,

contain content unrelated to the reviewed products, including remarks directed at the Company/online store regarding the services provided;

improperly use someone else's name, company, email address, or other elements of someone else's business.

The User of the Online Store, by creating an Account on the site, agrees not to use the services for propaganda purposes, customer acquisition, as well as promoting, both for professional, commercial, and political purposes (advertising messages, "spam" content, or references to other products, commercial offers, or websites).

In the event of a violation of the provisions of these regulations concerning the requirements set for opinions, the Online Store has the right to refuse publication. Regardless of the above, the Company reserves the right to claim damages for any violation of the regulations related to the publication of opinions.

 

§13 FINAL PROVISIONS

The current version of the regulations is available in the Online Store tab at the address:https://www.basanti.eu/regulamin 

The Company reserves the right to change the provisions of these regulations for important reasons, including in particular:

to adapt its content to changes in applicable laws;

due to changes in the distribution agreement process;

changes in terms, deliveries, costs, payment methods,

to align the content with the current Company policy;

changes in the technical conditions related to the provision of services electronically;

modification of the Company's business concept.

The Company will promptly inform Users of any changes to the regulations by publishing the current consolidated text of the regulations in the Online Store.

Changes to the regulations take effect 14 days after their publication by the Company.

Changes to the regulations will not affect orders and distribution agreements concluded before the changes come into effect.

Amendments to the provisions of these regulations in the case of a subscription agreement are governed by §2 point 14 of these regulations.

 

§14 APPLICABLE LAW

These regulations are subject to Polish law.

Under these regulations, the Parties agree to the jurisdiction of the court determined by the location of the Company's registered office for any disputes that may arise in connection with the distribution agreement for the Products.

The Company is not liable for non-performance or delay in the performance of an obligation arising from the distribution agreement caused by force majeure – events beyond the Company's control.

Force majeure is understood as any actions, omissions, events, or accidents that are beyond the reasonable control of the Company, particularly delivery issues, telecommunications disruptions, acts of terrorism, and other justified events.