1. Online shop hulajnoga.net, available under www.hulajnoga.net, is a sole proprietorship under the company name Impressio Piotr Sawicki, owned by Piotr Sawicki entered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, NIP 5242900342, REGON 385939718.
2. The terms and condition of use are directed both to the consumers and the entrepreneurs and constitutes the rules for using the site and the conclusion of a distance contract via the site.
§ 2
Definitions:
1. Consumer - physical person concluding a contract with the Seller via the online store which is not directly related to the seller's economic or professional activity.
2. Seller - a physical person which runs a sole proprietorship under the company name Impressio Piotr Sawicki, owned by Piotr Sawicki entered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, NIP 5242900342, REGON 385939718.
3. Client - Every subject who places an order via the site.
4. Entrepreneur - a physical person, a legal person, and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
5. Shop - online shop owned by the seller under www.hulajnoga.net website
6. distance contracts - a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. The terms and conditions of use - this text
8. Order - customer's statement of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account - a customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by the Customer in the Store.
10. Registration form - a form available in the Store that allows you to create an Account.
11. Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart - an element of the Store's software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
13. Product - an item/service available in the Store, which is the subject of a sales contract between the customer and the seller
14. Sales Contract - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood - in accordance with the characteristics of the Product - as a contract for the provision of services and a work contract.
4. Seller's bank account number: 61187010452083106776570001
5. Client may contact the seller via the contact information listed in this paragraph
6. Client may contact the seller via the phone number listed in this paragraph within the working hours of the shop (9 am-5 pm)
§ 4
Technical requirements
In order to use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary to have:
a. a terminal device with an internet browser that has access to the internet
b. an active email account
c. cookie files processing enabled
d. a phone with an active phone number
§ 5
General information
1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to allow the Order to be processed without creating an Account.
3. The prices listed on the website are measured in PLN or EUR (tax included)
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
5. When the character of the item of the Contract does not allow, (reasonably judging), to calculate in advance the amount of the final (definitive) price, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
§ 6
Creating an Account in the Store
1. In order to create an account in our store you need to provide following information:
a. name,
b. surname,
c. email address,
2. Creating an account is free
3. To log into your acount you need to provide an email address and a password which has been entered in the registration form.
4. The Customer has the opportunity to delete the Account at any time, without giving any reason and without paying any fees for it. In order to do so, the client has to send an appropriate request to the Seller, preferably by e-mail or in writing to the addresses specified in § 3.
§ 7
Rules of placing an order
In order to place an order you have to:
1. Choose a product which you want to order, then click "add to cart" button;
2. log in to your account or use the possibility of placing the order without an account
3. Fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
4. click the "place order" button
5. choose one of the avaiable payment methods and depending on the payment method, pay for the order withoin the specified period, as listed in the § 8 point 3.
§ 8
Offered payment and delivery methods
1. The client may use one of the following delivery methods:
a. shipping by courier
2. The client may use one of the following payment methods:
a. Payment by bank transfer to the Seller's account
b. Internet payment by credit card/debit card
3. Detailed information on delivery methods and acceptable payment methods can be found on the website
§ 9
Execution of sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. After the Order is placed, the Seller immediately confirms its receival and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. The product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
4. In case of ordering multiple items with different delivery dates, the item with the longest delivery date sets the dead line for the execution of an order.
5. Delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery, and postal service fees) are indicated to the Customer on the pages of the Online Store under the "Delivery Costs" tab and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
§ 10
Right of withdrawal
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the term indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the deadline.
5. The statement can be sent by traditional mail or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement can also be submitted on the form, the template of which is an appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.
6. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
7. Effects of withdrawal from the contract:
a. In the case of withdrawal from the Agreement concluded remotely, the Agreement shall be considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall reimburse to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution that will not incur any costs for the Consumer. If it is not possible to return the payment using the same methods of payment that were used by the Consumer in the original transaction, the refund will be made by transfer to the account provided by the Consumer.
d. The Seller may withhold reimbursement until he receives the Product back.
e. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
g. The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
9. In the event that, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
10. The right of withdrawal from a contract concluded at a distance shall not be granted to the Consumer with respect to the contract if:
a. in which the subject of performance is a non-refabricated item, manufactured to the Consumer's specifications or serving to meet his individualized needs,
b. in which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,
c. in which the subject of performance is a perishable item or has a short expiration date
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Contract,
f. in which the subject of performance are things that, after delivery, due to their nature, become inseparable from other things,
g. in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control over,
h. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
i. for the provision of daily newspapers, periodicals or magazines, except for a subscription contract,
j. or the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the Contract,
§ 11
Complaints and warranty
1. Only new products are covered by the Sales Agreement.
2. The seller is obliged to provide the customer with an item free of damage.
3. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
4. Complaints should be submitted in writing or electronically to the Seller's addresses given in these regulations.
5. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer's request in connection with the defect of the goods
6. The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer's request was considered justified.
7. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these regulations.
§ 12
Out-of-court ways of dealing with complaints and redress of grievances
1. Detailed information on the consumer's ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court means of complaint handling and redress:
a. The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Commercial Inspection Act of December 15, 2000 (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
§ 13
Personal data in the online store
1. The administrator of Customers' personal data collected through the Online Store is the Seller.
2. Customers' personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses parcel delivery or courier delivery methods in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses an electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
4. The customer has the right to access and correct the content of his data.
5. Submission of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.
§ 14
Final stipulations
1. Contracts concluded through the Online Store are concluded in Polish and English.
2.The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
4. The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he can file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
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