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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.
 
                                           

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.

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.           Wraz z Towarem Sprzedawca wydaje Klientowi wszystkie elementy jego wyposażenia oraz instrukcje obsługi, konserwacji i inne dokumenty wymagane przez przepisy powszechnie obowiązującego prawa.
5.           The salesman indicates that:
1)        z chwilą wydania Towaru Klientowi lub przewoźnikowi na Klienta przechodzą korzyści i ciężary związane z Towarem oraz niebezpieczeństwo przypadkowej utraty lub uszkodzenia Towaru. Przy sprzedaży na rzecz Konsumenta niebezpieczeństwo przypadkowej utraty lub uszkodzenia Towaru przechodzi na Konsumenta z chwilą wydania Towaru Konsumentowi. Za wydanie Towaru uważa się jego powierzenie przez Sprzedawcę przewoźnikowi, jeżeli Sprzedawca nie miał wpływu na wybór przewoźnika przez Konsumenta,
2)        przyjęcie przesyłki z Towarem przez Klienta bez zastrzeżeń powoduje wygaśnięcie roszczeń z tytułu ubytku lub uszkodzenia w przewozie, chyba że:
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.

CHAPTER 7 COMPLAINT HANDLING PROCEDURE

 1.           Complaints should be addressed to the Seller in writing to the address:  Bogucin Mały 94 32-300 Olkusz Poland or email : [email protected] . The Customer may use the complaint template available in the Store, but this is not a condition for processing the complaint.
2.           If it is found that the shipment with the Goods is violated, lost or damaged, the Customer should immediately (no later than within 7 days from the date of delivery) file a complaint with the Seller. Such action will make it possible to claim from the carrier. It is not a condition to consider the Consumer's complaint.  
3.           The complaint should include a detailed description of the problem and the Customer's request, possibly also photographic documentation.
4. The Seller undertakes to respond to the Customer's complaint within 30 days, and to the complaint of the Consumer or Entrepreneur privileged on the rights of the consumer within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, he is considered to have recognized it as justified. The Seller's response to the complaint shall provide to the Consumer or Entrepreneur privileged on the rights of the Consumer on paper or other durable medium.

5.           If the complaint is accepted, the Seller will take appropriate action.
6.           There is a possibility to use out-of-court ways of handling complaints and pursuing claims in legal relations with Consumers, including:
1)        możliwość rozwiązywania sporów drogą elektroniczną za pomocą platformy ODR (online dispute resolution), dostępnej pod adresem https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
2)        możliwość prowadzenia postępowania polubownego przed sądem powszechnym lub innymi organami.
 

CHAPTER 8 WITHDRAWAL

 
1.           Withdrawal from the Agreement by the Seller or the Customer may take place under the rules of law, including the following. Civil Code (Journal of Laws 2022.1360, as amended).
2.          The Consumer or Entrepreneur privileged under the Rights of the consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods by him or by a third party designated by him, which is not a carrier. 
3. performance of a service for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to pay the price, may begin before the expiration of the deadline for withdraw from the Agreement, provided that the Consumer or Entrepreneur privileged on the rights of the consumer submits a Seller a statement containing such an explicit request and confirmation that he has taken note of the information about the loss of the right to withdraw from the Contract upon its execution by the Seller.

(4) Information on withdrawal from the Contract is contained in the instruction on the right of withdrawal, available here {link}. A sample form withdrawal from the Contract is available here {link}.

5 The Consumer or Entrepreneur privileged on the rights of the consumer is obliged to return the Goods together with all items of equipment, including packaging, insofar as it it constitutes an essential element of the Goods - and this within 14 days from the the date of withdrawal from the Contract, unless the Seller offered to collect the Goods himself. If the Seller has not offered to pick up the Goods himself, the Seller may Refrain from returning the payment until it has received the Goods back or until the time of providing the Seller with proof of its return, whichever event occurs earlier.

(6) The Seller shall immediately, but not later than within 14 days from the the day of receipt of the statement of withdrawal from the contract, shall return the Consumer or Entrepreneur privileged on the rights of the consumer all payments made by him payments, including the cost of delivering the Goods. 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 this he expressly agreed to an alternative method of return that does not involve any cost to him. 
(7) If the Consumer or Entrepreneur privileged under the consumer's rights has chosen a method of delivery of the Goods other than the cheapest ordinary way of delivery offered by the Seller, the Seller shall not be obliged to refund the the additional costs incurred by him for delivery of Goods.

(8) The Consumer or Entrepreneur privileged on the rights of the consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed about the necessity of incurring these costs.
(9) The Consumer or Entrepreneur privileged in the rights of the consumer consumer shall be liable for the diminution in value of the Goods resulting from using them in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

(10) In the event of effective withdrawal from the Contract, the Contract shall be considered as not concluded.

(11) The right of withdrawal from the Contract shall not apply to certain contracts, i.e.:3

1) for the provision of services for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or Entrepreneur privileged on the rights of the consumer, who was informed prior to the start of the service that after performance of the service by the Seller will lose the right to to withdraw from the Contract, and has acknowledged this;

2) in which the price or remuneration depends on fluctuations in the market financial market, over which the Seller has no control, and Which may occur before the expiration of the deadline for withdrawal from the Agreement;

3) in which the subject of the Contract is a non-refabricated good, produced according to the specifications of the Consumer or Entrepreneur privileged on the rights of the Consumer or serving to satisfy his individualized needs;

4) in which the subject of the Contract is a good that is subject to rapid spoilage or having a short shelf life;

5) in which the subject of the Agreement is goods delivered in a sealed package sealed package, which after opening packaging cannot be returned for health reasons or for hygienic reasons, if the package has been opened after delivery;

6) in which the subject of the Agreement are Goods, which after delivery, due to their nature, become inseparably combined with other goods;

7) in which the subject of the Contract are alcoholic beverages, the price of which price was agreed upon at the conclusion of the Contract, and whose delivery can be made only after 30 days and whose value depends on fluctuations in the market over which the Seller does not has control over;

8) in which the Consumer or Entrepreneur privileged under the rights of the consumer expressly requested that the Seller come to him or her come to him for urgent repair or maintenance; and If the Seller provides in addition other services than those, the performance of which the Consumer or Entrepreneur privileged under the rights of the consumer has requested, or provides goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Contract shall be granted with respect to additional services or goods;

9) in which the subject of the Contract is sound or visual or computer programs delivered in sealed package, if the package has been opened after delivery;

10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement except for a subscription contract;

11) concluded through a public auction;

12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, events entertainment, sports or cultural events, if the contract specified the day or period of service provision;

13) for the provision of digital content not delivered on a tangible medium tangible medium, for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to pay the price, if the Seller has started the provision with the express and prior consent of the Consumer or Entrepreneur privileged on the rights of the consumer, who was informed prior to the commencement of performance that after Seller's performance he will lose the right to withdraw from the Contract, and has acknowledged this, and the Seller has provided him with confirmation;

14) for the provision of services for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to to pay the price, for which he has expressly requested from the Seller to come to him for the purpose of repairing the repair, and the service has already been fully performed with the express and prior consent of the Consumer or Entrepreneur privileged under the rights of the Consumer.

                                                                                                         

CHAPTER 9. INTELLECTUAL PROPERTY

1.        The rights to the Service and the content contained therein belong to the Seller.
2.        The address of the page where the Shop is available, as well as the content of the website www.hoyapassion.com are subject to copyright law and are protected by copyright and intellectual property law.
3.        All logos, own names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods.. Downloading, copying, modifying, reproducing, transmitting or distributing any content from the site www.hoyapassion.com without the owner's consent is prohibited.

CHAPTER 10 FINAL PROVISIONS

1.           In matters not regulated by the Regulations, the relevant provisions of generally applicable law shall apply in legal relations with Clients or Consumers.
2.           Any deviation from the Regulations must be made in writing under pain of nullity..
3.           The court competent to settle the dispute between the Seller and the Client shall be the court competent according to the seat of the Seller. The court having jurisdiction to resolve a dispute between the Seller and the Consumer shall be the court having jurisdiction according to general rules (court of the defendant's place of residence) or any other court more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure). In the case of a dispute with the Entrepreneur privileged on the rights of the consumer, the competent court is the court of local jurisdiction according to the provisions of generally applicable applicable law. 
(4) The Regulations may be amended by the Seller for important reasons reasons, which are considered to be, in particular, a change of regulations generally applicable law, changes in the profile of of the Seller's activities or the Seller's offer, changes regarding the functionality of the Website.
(5) The Rules and Regulations are effective from the date of publication on the Site, with the following proviso that it does not affect the acquired rights of Customers, i.e. to the Order placed before the change or to the Agreement concluded and executed executed before the change, the Regulations shall apply in effect on the date of these actions.
(6) The Seller shall notify the Customer of the content of the amendments to the Regulations, with whom a continuous contract is concluded (users registered, having an Account or subscribed to the Newsletter) about the changes to the Terms and Conditions. The notification will be made by posting the information on the Website and by Seller's statement made by e-mail. W case of non-acceptance of the changes, the Customer may exercise right to cancel the contract within 14 days. In the absence of statement, the change will be effective after 14 days from the the date of notification. 

Certyfikat Uczciwy Regulamin