TERMS AND CONDITIONS OF THE ONLINE STORE
www.thesmaks.com
(effective from: 28.04.2026)
§1 General Provisions
1. The online store available at www.thesmaks.com ("Store") is operated by Healthy Grainy Sp. z o.o., with its registered office in Warsaw, ul. Jasna 8/20, 00-013 Warsaw, entered in the National Court Register (KRS) under number 0001051485, NIP: 5273069594, REGON: 526061879, email address: info@thesmaks.com ("Seller").
The address for returns:
Sochaczewska 98C, 05-870 Błonie
2. These Terms and Conditions set out the rules for using the Store, in particular for placing Orders, entering into Sales Agreements, payments, delivery, withdrawal from the agreement, and complaints.
3. These Terms and Conditions form an integral part of every Sales Agreement.
4. Using the Store constitutes acceptance of these Terms and Conditions.
5. Detailed rules for the processing of personal data are set out in the Privacy Policy.
§2 Definitions
1. Customer – a natural person, legal entity, or organizational unit making a purchase.
2. Consumer – a Customer who is a natural person making a purchase unrelated to business activity.
3. Entrepreneur with Consumer Rights – as defined by applicable law.
4. Product – a food product offered in the Store.
5. Order – a declaration of intent by the Customer aimed at entering into a Sales Agreement.
6. Sales Agreement – an agreement concluded between the Customer and the Seller.
§3 Product Information
1. The Product constitutes a foodstuff within the meaning of EU law.
2. Product information includes in particular: composition, allergens, and nutritional values.
3. Information published on the Store website is for guidance only – the binding information is that on the Product packaging.
4. Due to the natural character of the ingredients, the Product may vary between batches.
5. The Product should be consumed in accordance with its intended use and the information on the packaging.
§4 Allergens
1. The Product may contain allergens.
2. Allergen information is available on the Product page and on its packaging.
3. The presence of trace amounts of allergens cannot be excluded.
4. The Customer is obliged to read the composition before consumption.
5. The Seller shall not be liable for allergic reactions.
§5 Nature of the Product
1. The Product contains natural ingredients.
2. The Product may vary in colour, taste, smell, and texture.
3. Differences resulting from the natural character of the Product do not constitute a defect.
4. The Customer's subjective impressions regarding taste or consistency do not constitute grounds for a complaint.
§6 Product Storage
1. The Product must be stored in accordance with the information on the packaging.
2. Upon delivery of the Product, responsibility for its storage rests with the Customer.
3. The Seller shall not be liable for deterioration in quality resulting from improper storage.
§7 Products for Children
1. The Product is intended for children and the whole family.
2. The Product does not constitute infant food within the meaning of applicable law.
3. Consumption by children should take place under adult supervision.
4. The Customer is responsible for assessing whether the Product is suitable for a child.
§8 Technical Requirements
1. To use the Store, the following are required:
1) a device with internet access,
2) an up-to-date web browser,
3) cookies and JavaScript enabled,
4) an active email address.
2. The Seller shall not be liable for problems arising from the Customer's technical infrastructure.
§9 Placing Orders
1. Customers may place Orders 24 hours a day.
2. To place an Order, the Customer:
1) selects a Product,
2) provides their details,
3) selects a delivery and payment method,
4) accepts the Terms and Conditions,
5) confirms the Order by clicking the "Order and pay" button, which creates an obligation to pay.
3. An Order constitutes an offer to enter into a Sales Agreement.
4. The Agreement is concluded upon the Seller's confirmation of acceptance of the Order.
5. The Seller may limit the number of Products in an Order.
6. The Seller may refuse to fulfil an Order in justified cases.
§10 Prices and Payments
1. Product prices are gross prices and include VAT.
2. Prices may be displayed in PLN and EUR.
3. The settlement currency is the currency chosen by the Customer.
4. Prices in EUR are indicative/converted figures.
5. Delivery costs are provided before the Order is placed.
6. The Seller may change prices and introduce promotions.
7. In the case of price reductions, the lowest price from the past 30 days is shown.
8. Available payment methods:
1) online fast transfers (e.g. Przelewy24),
2) card payment,
3) BLIK payment.
9. The Store does not offer cash on delivery.
10. Failure to pay within 24 hours may result in the Order being cancelled.
§11 Delivery
1. Delivery is available within Poland and the European Union.
2. Delivery is carried out via:
1) InPost,
2) DPD,
3) DHL.
3. Delivery may be made to the Customer's address or to pick-up points.
4. Delivery time:
1) Poland – 1–5 business days,
2) EU – 2–10 business days.
5. Deliveries are made on business days only.
6. The Seller shall not be liable for courier delays.
7. In the event of a damaged shipment, it is recommended that a damage report be drawn up.
8. The risk of loss or damage to the Product passes to the Customer upon receipt.
§12 Withdrawal from the Agreement
1. The Customer has the right to withdraw from the agreement within 14 days.
2. This right does not apply in the case of:
1) perishable products,
2) products delivered in sealed packaging after the packaging has been opened.
3. The Customer bears the cost of returning the Product.
4. Refunds are issued within 14 days.
5. The Seller may withhold the refund until the Product has been received.
6. The Seller may refuse to accept the return of a food product if it cannot be resold.
§13 Complaints
1. The Seller is responsible for the Product's non-conformity with the agreement.
2. Complaints may be submitted electronically.
3. A complaint should include a description of the issue and, where possible, photographic documentation.
4. The Seller may process the complaint on the basis of photographic documentation.
5. The complaint processing period is 14 days.
6. If a complaint is upheld:
1) the Product will be replaced, or
2) a refund will be issued.
7. The following are not subject to complaints:
1) natural variations in the Product,
2) improper storage,
3) subjective impressions,
4) allergic reactions.
§14 Final Provisions
1. These Terms and Conditions are available on the Store website.
2. The Seller may amend the Terms and Conditions for valid reasons.
3. Changes do not affect Sales Agreements already concluded.
4. Polish law applies to the agreements.
5. Consumers may use the ODR platform: https://ec.europa.eu/consumers/odr
6. The content of the Store is subject to legal protection.