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TERMS AND CONDITIONS OF THE ONLINE STORE
CHAPTER 1 GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations set out the terms and conditions for the provision of electronic services, including the use of the Store and the rights, obligations and conditions of liability of the Seller and the Client. The Terms and Conditions do not apply to relations with consumers.
1) Each Client should read the Regulations.
2) The regulations are available on the Store's website and are made available free of charge also before the contract is concluded. At the Customer's request, the Regulations are also made available in such a way as to enable the acquisition, playback and recording of its content by means of an ICT system used by the Customer (e.g. by e-mail).
3) Basic definitions:
4) Rules: Regulations of the Internet Shop;
2) Sprzedawca: EDYTA KUBICZEK, prowadząca działalność gospodarczą pod nazwą HOYAPASSION EDYTA KUBICZEK, Bogucin Mały 94, 32-300 Olkusz, wpisaną do Centralnej Ewidencji i Infomacji o Działalności Gospodarczej, prowadzonej przez ministra właściwego do spraw gospodarki, NIP 637 187 10 40, REGON 120474015, e-mail: [email protected], tel. +48 881 230 479;
3) Customer: a natural person over 18 years of age with full legal capacity, a legal person and an organisational unit without legal personality, but able to acquire rights and incur liabilities on its own behalf, which will establish a legal relationship with the Seller within the scope of the Shop's activities. The Customer is also a Consumer, if there are no separate provisions in relation to the Consumer in a given matter.
4) The consumer: A customer who is a natural person who performs with the Seller a legal action (purchase), not directly related to his business or professional activity;
5) Electronic service - a service within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Dz.U. 2020.344 t.j., as amended), provided remotely, by electronic means electronically by the Seller to the Customer through through the Service;
6) Sklep lub Sklep Internetowy, lub Serwis: Usługa elektroniczna, Sklep Internetowy, prowadzony przez Sprzedawcę pod adresem internetowym www.hoyapassion.com, w ramach którego Klient zawiera umowę sprzedaży na odległość, strony są informowane o dokonaniu sprzedaży za pomocą poczty elektronicznej generowanej automatycznie, a wykonanie umowy (w szczególności dostawa Towaru) następuje poza internetem;
7) Account - free Electronic Service, marked with an individual name (login) and password given by the Customer, a set of resources in the Seller's ICT system, in which the data given by the Customer and information on activities in the Store are collected;
8) Goods - a movable item, included in the Seller's offer, presented in the Store;
9) Agreement - a distance agreement concerning the purchase of the Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
10) Form - a script which is a means of electronic communication enabling placing an Order in the Store or performing other actions in the Store;
11) Order - an instruction to purchase the Goods submitted by the Customer by means of technical communication;
12) Newsletter - free Electronic Service, an electronic distribution service provided by the Seller via electronic mail (e-mail), which enables all Clients using it to automatically receive cyclic messages (newsletters) from the Seller, containing information about the Service, including news or promotions in the Shop.
13) Force majeure - is an event that is sudden, unforeseeable and independent of the will of the parties that makes it impossible to perform the contract in in whole or in part at all or for a certain period, which with the exercise of due diligence could not have been prevented or counteracted or counteracted (e.g., war, strikes, layoffs, shortages of of raw materials or energy supplies, disruptions in the operation of factories, roadblocks, extraordinary natural phenomena, epidemics, states of emergency).
14) Businessman privileged on the rights of the consumer -. a natural person entering into an Agreement directly related to its business activity, when it follows from the content of this Agreement that it does not it has a professional character for him, arising in particular in particular, from the subject of his business activity business activity, resulting from the CEIDG.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. Seller's details for contact with the Client: address Bogucin Mały 94, 32-300 Olkusz e-mail address [email protected], telephone number +48 881230479 The vendor does not provide any other form of communication online.;
2. The Seller offers the following types of Electronic Services:
1) The Internet shop,
2) Newsletter,
3) Opinions (commenting),
4) An account.
3. The Seller provides Electronic Services in accordance with the Regulations.
4. The technical condition for using the Store is that the Customer has a computer or other devices enabling him/her to browse the Internet, appropriate software (including a web browser), Internet access and a current and active e-mail account.
5. It is forbidden to provide illegal content by the Customer.
6. The use of the Shop may be associated with threats typical of Internet use, such as spam, viruses, hacking attacks. The Seller takes action to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided by electronic means may involve the risk of obtaining or modifying customers' data by unauthorized persons, so customers should use appropriate technical measures to minimize the aforementioned threats, including antivirus and identity protection programs for Internet users.
7. Conclusion of a contract for the provision of free Electronic Services Electronic Services is carried out through the Store via the Internet. The Client may at any time terminate the use of free Electronic Services by leaving the Store, unsubscribing from the Newletter or by deleting the Customer's account. In such case, the contract for the provision of free Electronic Services Electronic Services shall terminate.
8. The Seller may - apart from other cases resulting from legal regulations - process the following personal data of the Customer necessary to establish, shape the content, change or terminate the contract:
1) the client's name and first names;
2) permanent address;
3) a mailing address, if different from the address of residence;
4) Client's e-mail addresses;
5) the phone number;
9. The Seller may process, with the Customer's consent and for the purpose of advertising, market research, as well as research of the Customer's behaviours and preferences for the purpose of the results of this research to improve the quality of services provided by the Seller, other data concerning the Customer which are not necessary to provide the service electronically.
10. The Seller's point of contact for direct communication for the purposes of Regulation 2022/2065 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) is: e-mail address [email protected]. Communication may be conducted in Polish or English.
CHAPTER 3. PERSONAL DATA
1. Podane przez Klientów dane osobowe Sprzedawca przetwarza zgodnie z obowiązującymi przepisami prawa, w tym zgodnie z Rozporządzeniem Parlamentu Europejskiego i Rady (UE) 2016/679 z dnia 27 kwietnia 2016 r. w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i w sprawie swobodnego przepływu takich danych oraz uchylenia dyrektywy 95/46/WE (ogólne rozporządzenie o ochronie danych) (Dz.U. L 119 z 4.5.2016, dalej: „Rozporządzenie”). W szczególności:
2. The vendor shall ensure that the data is accurate:
a) processed in accordance with the law, reliably and transparently for clients and other data subjects;
b) collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
d) correct and, if necessary, updated;
e) kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
f) processed in a way that ensures adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organisational measures,
3. The seller applies appropriate technical and organizational measures, ensuring the protection of personal data processed in accordance with nature, scope, context and the purposes of the processing and the risk of infringement of the rights or freedoms of individuals;
1. The seller provides access to personal data and the exercise of other rights to customers and to other data subjects in accordance with applicable laws.
2. The basis for the processing of personal data is the consent of the Clients or the occurrence of any other condition entitling to process personal data according to the Regulation.
3. The vendor guarantees the execution of the rights of persons whose personal data are processed into the rules of the relevant legislation, including those persons:
1)the right to withdraw consent to the processing of personal data;
2)the right to information concerning their personal data;
3)the right to control the processing of data, including their completion, updating, rectification, erasure;
4) the right to object to or to restrict processing;
5) the right to complain to the supervisory authority and to use other legal means to protect their rights.
4. A person who has access to personal data processes them only on the basis of the Seller's authorisation or an agreement to entrust the processing of personal data and only on the Seller's instruction.
5. The seller ensures that not to make personal data available to entities other than those authorized under applicable law, unless required by European Union or Polish law.
6. In connection with his business activity, the Seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred:
1) the hosting company,
2) the store's software supplier,
3) Internet service providers,
4) companies providing courier or postal services,
5) providers of electronic payment platforms,
6) invoice software providers,
7) entities providing accounting or legal services.
CHAPTER 4 ADDITIONAL INFORMATION
§ 1 Account
1. Registration of an Account on the Store's website is free and requires the following actions: The Customer should fill in the registration form by providing certain data and making statements on acceptance of the Regulations, processing of personal data, transfer of commercial information. A link enabling verification of the Account shall be sent to the Customer's e-mail address provided by the Customer during the Account registration process. Logging into the Account consists of providing the login and password established by the Customer. The password is confidential and should not be made available to anyone.
2. An account allows the Customer to enter or modify data, make or check Orders and view the history of Orders..
3. The Electronic Account Service is provided free of charge for an indefinite period.
4. The Customer may at any time resign from the Account in the Shop by using option "Delete my account", sending an appropriate request to the Seller via e-mail: [[email protected]] or in writing to the Seller's address: [Bogucin Mały 94, 32-300 Olkusz].
§ 2. Newsletter
1. The Newsletter service is designed to provide the customer with the information ordered.
2. The use of the Newsletter does not require the registration of an Account by the Customer, but requires the provision of an e-mail address and submission of declarations of acceptance of the Terms and Conditions, processing of personal data and provision of commercial information.
3. A link confirming the Newsletter subscription will be sent to the Customer's e-mail address.
4. The Electronic Newsletter service is provided free of charge for an indefinite period of time.
5. The Customer may resign from the Newsletter at any time by Newsletter unsubscribe option, sending an appropriate request to the Seller via e-mail: [[email protected]] or in writing to the Seller's address: [Bogucin Mały 94, 32-300 Olkusz].
§ 3. Opinions
1. The Seller enables the Customers to place individual and subjective statements (opinions, comments) of the Customer on the Store's website, in particular concerning the Goods.
2. The service is provided free of charge for an indefinite period.
3. Use of the service is possible anonymously.
4. The Seller may use the opinions for the purposes of the content of the Service.
5. the Seller informs that only the opinions are placed in the Store obtained from Customers, and moreover, that it posts all obtained opinions of Customers, both positive and negative. The Seller does not use third-party or sponsored.
6. Seller informs that opinions posted by Customers are subject to automatic evaluation for prohibited content. / Seller informs that opinions posted by Customers are not subject to automatic evaluation for prohibited content.
7. Customer may not post opinions that:
1) do not concern the Goods;
2) concern technical issues related to the functioning of the Store. Issues concerning technical matters should be reported in a separate procedure provided by the Regulations.
3) contain links to other websites;
4) concern Goods or activities of a competitive nature with respect to the Seller's business;
5) constitute advertising or other marketing activity concerning goods or services not included in the Seller's offer;
6) incite to violence, hatred, discrimination for any reason, including on the basis of gender, sexual, national, ethnic, racial, religious differences;
7) contain vulgarities or other offensive content;
8) constitute an attempt to defraud or other activity prohibited by law;
9) violate copyright or someone else's personal rights;
10) violate other provisions of generally applicable law.
8. The Seller - if it is determined that the opinion does not meet the conditions specified in the Regulations - may take moderating actions, i.e. remove the opinion or refuse to publish it.
9. In the event that a third party (another Customer or another person or entity) considers that a particular opinion contains illegal content, this person may make a notification to the Seller at the e-mail address [email protected]. The notification should include:
a) a justification as to why the opinion in question constitutes illegal content;
b) a clear indication of the exact electronic location of the information (URL or information to identify the illegal content);
c) the name and email address of the person or entity making the notification;
d) a statement confirming the bona fide belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
(10) The Seller shall send the notifier an acknowledgement of receipt of the notification, if the email address of the jammer has been indicated.
(11) The Seller shall consider the notification within 14 days from the date of its receipt and shall do so objectively and with due diligence. The Seller's decision may be to remove or leave the opinion in the Store.
(12) The Seller shall immediately notify (the applicant and the person who posted the reported opinion) of its decision and the reasons for it.
(13) The decision is subject to appeal. The Seller shall consider the appeal within 14 days of its receipt.
CHAPTER 5. SALES
§ 1. Goods
a. All Products offered in the Shop are new and have no defects and in accordance with Agreement.. A detailed description of the Goods is available on the Store's website.
b. The Goods may be covered by warranty or after-sales services. Detailed information in this respect is included in the description of the Goods. [J1] . [J1]
c. In the case of a guarantee, the durability guarantee shall not shall provide conditions for repair or replacement of the Goods for the Consumer or Entrepreneur privileged under the rights of the Consumer less favorable than those set forth in Chapter 6 of the Regulations.
§ 2.Orders and their execution
1. An order can be placed by completing the Form available in the Shop.
2. Orders can be placed with or without registering an Account in the Shop (guest shopping).
3. The Customer is obliged to fill in the Form carefully, providing all data according to the actual state of affairs and specifying the chosen method of payment and delivery.
4. Klient podaje w Formularzu dane oraz składa oświadczenia w sprawie akceptacji Regulaminu, przetwarzania danych osobowych, przekazywania informacji handlowych.
5. Orders in the Shop can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed the next working day.
6. Potwierdzenia złożenia Zamówienia dokonuje Klient poprzez wybranie przycisku (pola) oznaczonego „zamówienie z obowiązkiem zapłaty[J2] ”. Sprzedawca wyśle Klientowi na wskazany przez Klienta adres e-mail potwierdzenie Zamówienia.
7. Czas realizacji zamówienia (tj. do dnia wysyłki Towaru) wynosi do [31] dni roboczych.
§ 3. payments
1. All prices of the Goods given in the Shop are gross prices in PLN (prices include VAT and excise tax, if the sale of the Goods is subject to these taxes). The price of the Goods does not include the costs referred to in item 2 below. The price of the Goods given at the moment of placing an Order by the Client is binding for both parties.
2. Koszty związane z dostawą Towaru (np. transport, dostarczenie, usługi pocztowe) i ewentualne inne koszty ponosi Klient. Wysokość tych kosztów może zależeć od wyboru Klienta co do sposobu dostawy Towaru. Informacja o wysokości tych kosztów jest przekazywana na etapie składania Zamówienia.
3. The customer can choose the form of payment:
1) przelew tradycyjny - zapłata przed wysyłką Towaru (przedpłata). Po złożeniu Zamówienia Klient powinien wpłacić/przelać należność na rachunek bankowy Sklepu. Realizacja Zamówienia następuje po zaksięgowaniu wpłaty Klienta na rachunku bankowym Sklepu;
2) zapłata za pośrednictwem systemu płatności [imoje ING] - zapłata przed wysyłką Towaru (przedpłata). Po złożeniu Zamówienia Klient powinien dokonać zapłaty za pośrednictwem systemu [imoje ING]. Realizacja Zamówienia następuje po zaksięgowaniu wpłaty Klienta w systemie płatności [imoje ING];
3) zapłata przy osobistym odbiorze Towaru (gotówka lub płatność kartą) – Klient uiszcza należność bezpośrednio przy osobistym odbiorze Towaru w sklepie stacjonarnym Sprzedawcy. Realizacja zamówienia następuje po przyjęciu Zamówienia.
4) zapłata przy odbiorze Towaru (za pobraniem) - Klient uiszcza należność bezpośrednio przy odbiorze Towaru u przewoźnika. Realizacja zamówienia następuje po przyjęciu Zamówienia. [J3]
4. For each Product sold, the Store shall issue a proof of purchase and deliver it to the Customer, provided that the provisions of generally applicable law require delivery.
5. The customer is obliged to pay within [7] days from the date of conclusion of the sales contract, unless the chosen method of payment requires another deadline. If the Customer does not make the payment within this period, then - in accordance with Article 491 § 1 of the Civil Code (Journal of Laws 2017.459, as amended) - the Seller shall set the Customer an additional period for payment, after which he shall be entitled to withdraw from the contract without effect. If the Customer declares that the services will not be provided, the Seller may withdraw from the contract without setting an additional deadline, also before the arrival of the specified deadline for provision.
6. In the case of informing about the reduced price, the Seller shall also make visible the information about the lowest price of this Goods which was in effect during the 30 days prior to the introduction of the reduction or from the date of commencement of offering this Goods in the Store (if this period is shorter than 30 days), or about the price before the reduction (if the Goods is less than 30 days). reduction (if the Goods are perishable or have a short shelf life). having a short shelf life).
§ 4. delivery
1. The Product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
2. The product is delivered by a courier company or by a postal operator of your choice. A parcel sent through a postal operator should be delivered within [3] working days from the date of shipment of the Goods, and through a courier company within [3] working days from the date of shipment of the Goods.
3. The Client may collect the Goods in person at [It is not possible to collect the Goods in person].[J4] .[J4]
4. Along with the Goods, the Seller issues to the Customer all elements of its equipment as well as operating and maintenance manuals and other documents required by the provisions of generally applicable law
5. The Seller indicates that:
1) upon delivery of the Goods to the Customer or the carrier, the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer. When selling to the Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer upon delivery of the Goods to the Consumer. The delivery of the Goods is considered to be entrusting them by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer.
2) acceptance of the shipment with the Goods by the Customer without reservations results in the expiry of claims for loss or damage in transport, unless:
a) the damage was recorded in a protocol before the shipment was accepted;
b) such determination is not made through the fault of the carrier;
c) the loss or damage resulted from the wilful misconduct or gross negligence of the carrier;
d) The entitled person stated that the damage could not be noticed from the outside and within 7 days demanded to determine its condition and proved that the damage occurred in the time between accepting the shipment for transport and its delivery.
§ 5. additional information for the consumer
1. The agreement is not concluded for an indefinite period and will not be subject to automatic renewal.
2. The minimum duration of the Consumer's obligations under the Agreement is the duration of the Agreement's execution, i.e. payment and acceptance of the Goods.
3. The use of the Shop by the Consumer is not connected with the obligation to make a deposit or provide other financial guarantees.
4. The seller is not obliged and does not apply the code of good practice referred to in Article 2(5) of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017.2070, as amended).
CHAPTER 6. LIABILITY
1. Liability under warranty is excluded in legal relations legal relations with Customers, but this does not apply to the Consumer and the Entrepreneur privileged on the rights of the consumer (to which the following points apply). Liability Seller for damage in legal relations with Customers is always limited to the value of the Goods, but this does not apply to the Consumer and Entrepreneur privileged under the rights of the consumer Consumer.
(2) The Seller shall be liable to the Consumer or the Entrepreneur privileged on the rights of the Consumer for non-conformity of the Goods with the Contract under the terms of the Act of May 30, 2014 on consumer rights (Dz.U.2020.287 t.j. as amended), including the following:
1) the Goods are in compliance with the Agreement if:
(a) its description, type, quantity, quality, completeness and functionality are consistent with the Agreement;
b) it is useful for a specific purpose, about which the Seller was informed at the latest at the conclusion of the Contract and which the Seller has accepted;
(c) the Goods are suitable for the purpose for which such Goods are normally used such goods;
d) it exists in such quantity and has such characteristics (including durability and safety) which are typical for this type of goods and which the Consumer or Entrepreneur privileged under the rights of the consumer could reasonably expect (taking into account taking into account the nature of the Goods and the public assurances concerning it);
(e) is delivered with packaging, accessories and instructions, which the Consumer or Entrepreneur privileged under the rights of the consumer consumer's rights could reasonably expect;
f) is of the same quality as the sample or design made available by the Seller prior to the conclusion of the Contract,
2) The Seller shall not be liable for the lack of conformity of the Goods with the Contract, as referred to in Section 2. 1) c-f above, if the Consumer or Entrepreneur privileged under the rights of the consumer has been informed by the Seller of this incompatibility at the latest at the time of conclusion of the Contract and accepted this fact explicitly and separately,
3) The Seller shall be liable for the lack of conformity of the Goods with the Contract existing at the time of delivery of the Goods and ascertained within 2 years from that moment, with the proviso that this does not apply to the situation in which the when the Goods' expiration date as specified by the Seller or its predecessors or persons acting on its behalf his behalf, is longer,
4) there is a presumption that the lack of compliance with the Contract, which became apparent before the expiration of the period of 2 years from the date of delivery of the Goods, existed at the time of delivery;
5) the rights of the Consumer or Entrepreneur privileged on the rights of the Consumer on account of nonconformity of the Goods with the Contract are:
(a) request for repair or replacement of the Goods. In such case The Consumer or Entrepreneur privileged on the rights of the consumer consumer shall make the Goods available to the Seller, and the Seller shall picks it up at his own expense. The costs associated with the repair or replacement of the Goods shall be borne by the Seller. Repair or replacement Goods should be performed within a reasonable time. If replacement or repair of the Goods are impossible or require excessive costs, the Seller may refuse to perform them perform them;
(b) A Consumer or an Entrepreneur privileged under the rights of a Consumer may make a statement on reduction of the price Goods or to withdraw from the Contract, if:
- The Seller refused to repair or replace the Goods;
- The Seller has not repaired or replaced the Goods;
- the lack of conformity of the Goods with the Contract still exists, despite attempts to repair or replace the Goods;
- the lack of conformity of the Goods with the Contract is so significant that it does not justifies the request for repair or replacement of the Goods;
- the circumstances or the Seller's statement indicate that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience,
7) regarding price reduction:
- the reduced price must be proportionate to the price of the Goods
full-value goods;
- The Seller shall promptly, not later than within 14 days from the the day of receipt of the statement on price reduction, shall return the due amounts to the Consumer or Entrepreneur privileged on the rights of the Consumer,
8) regarding withdrawal from the Contract:
- A Consumer or Entrepreneur privileged with the rights of a Consumer may not withdraw from the Contract if the non-conformity of the Goods with the Contract is immaterial, but the presumption applies, that this non-conformity is material;
- The withdrawal may apply only to the Goods inconsistent with the Contract or also other Goods covered by the Contract;
- The Consumer or Entrepreneur privileged on the rights of the consumer is obliged to immediately return the Goods at the Seller's expense;
- The Seller shall promptly, no later than within 14 days from the the day of receipt of the Goods or proof of their return, shall refund the the price to the Consumer or Entrepreneur privileged on the rights of the consumer. consumer's rights. The Seller shall refund the payment Using the same method of payment that was used by the Consumer or Entrepreneur privileged in the rights of the consumer, unless the latter has expressly agreed to a different method of return of return, which does not involve any costs for him.