TERMS OF THE ONLINE STORE
§ 1 GLOSSARY OF TERMS
- The seller - HAKKA-SKI, operating at www.HAKKA-SKI.COM, is run by: HAKKA Halina Gawrońska located at ul. Wrocławska 16 b / 14 in Opole, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Department of the National Court Register under the number 0000307885, NIP 7542786590, REGON 142642754.
- Store - the website belonging to the Seller, available under the domain www.hakka-ski.com
- Customer - each entity placing an Order in the Store (Consumer or a person not having Consumer status).
- Consumer - a natural person making a legal transaction with the Seller (sales contracts through the Store) not directly related to his business or professional activity (Article 221 of the Civil Code).
- Regulations - these regulations.
- Goods - a movable item, available for sale in the Store, in particular clothing, accessories and leather goods.
- Registration - a one-off activity involving the creation of an account by the Customer, made using the administrative panel provided by the Seller on the Store's website.
- Order - Customer's declaration of intent aimed at concluding a distance sales contract for Goods via the Store, specifying at least the type and number of Goods.
§ 2 GENERAL PROVISIONS
- The Regulations specify the rules for the conclusion and performance of the contract for the sale of Goods in the Store and the rules for using the Store.
- To conclude a sales contract and use the Store, it is necessary to have devices that allow access to the Internet, e-mail and an Internet resource browser that allows displaying websites.
- The costs arising from the use of the Internet by the Customer depend on the price list of the telecommunications operator or Internet access service provider that the Customer uses and charge it personally.
- The Seller can communicate with the Customer, and the Customer with the Seller by e-mail (email@example.com), by phone at 692474825 (on business days, from Monday to Friday, at hours specified on the main page of the store) and in writing by letter.
- All electronic correspondence sent by the Seller is subject to antivirus protection and is directed only to a specific customer.
- The subject of the sale are Goods presented by the Store at the time of placing the Order.
- The prices presented in the Store are given in Polish zlotys and include VAT. Prices do not include delivery costs.
- The Seller makes sales through the Store in the Republic of Poland and to selected countries in Europe, listed on the Store's website in the delivery costs tab.
- All Goods presented in the Store are new and free from defects, unless the product description provides otherwise.
- The Seller has the right to change the price of the Goods, enter and withdraw the Goods, grant discounts for individual Goods and carry out and cancel promotions. However, this does not limit in any way the rights acquired by customers; i.e. the changes do not apply to Orders that have been placed.
- A limited number of Goods are intended for permanent sale, promotional sale and sale, and Orders are processed in the order in which the Goods are received, until the stocks covered by this form of sale run out.
- In order to allow full use of all the possibilities of the Store, the Customer may register. Registration is one-time, voluntary and is not necessary to place Orders in the Store. Subsequent Orders are carried out based on the Customer's login to the Store.
- It is prohibited for people using the Store (including Customers) to post illegal content.
- The Seller is not responsible for incorrectly entered data by the customer which may hinder the order. Providing false data may be subject to criminal liability.
§ 3 PLACING ORDERS
- The Seller enables placing orders by completing the interactive form in the Store.
- Placing an Order is the submission by the Customer to the Seller of an offer to conclude a contract for the sale of the Good which is the subject of the Order.
- In order to place an Order, add the selected Good through the "Basket" function, and then follow the further information displayed on the Store's website until you click the "Order with payment obligation" button.
- After placing the Order, the Customer receives immediately (within 1 business day) by e-mail a confirmation of placing the Order, containing information on all relevant conditions of the contract for the sale of the Good.
§ 4 PAYMENTS
- The Seller provides the following payment methods for the Goods:
- by transfer to the Seller's bank account IBAN 71 1140 2017 0000 4602 1212 2430 in the title of payment, simply enter the Order number,
- through electronic payment systems (also by payment card) PayU (provided by PayU S. A. ul. Grunwaldzka 182 60-166 Poznań) in cash on delivery on delivery from the courier (applies only to Orders processed in Poland).
- The customer making the payment by bank transfer, via electronic payment systems should pay for the Goods together with the delivery costs within 5 working days from the conclusion of the sales contract, determined in accordance with § 3 para. 5 of the Regulations. After this date, the Seller's offer is not binding. It is possible to extend the payment deadline by agreeing with the Seller.
5. § 5 DELIVERY
- Information on delivery costs is shown in the Order submission procedure (in the interactive form) and in the e-mail confirming the submission of the Order by the Customer. Delivery costs are added to the price of the Good and are borne by the Customer.
- The delivery fee is indicated on the sales document as a separate item. If the fee is paid by the Seller on the sales document, the fee item does not appear.
- A detailed price list and delivery conditions related to the choice of carrier, payment methods are available on the Store's website in the DELIVERY COST tab.
- Delivery takes place via courier companies. The decision on which company the delivery will be made is made by the Seller after the Customer has successfully placed the Order. It is possible to collect the Good at the Seller's headquarters.
- The Seller delivers Goods only to selected European countries that have been listed in the table on the Store's website in the DELIVERY COST tab.
- Deliveries to European countries are only carried out for Orders paid by bank transfer or via the PayU electronic payment system or after prior contact with the Seller.
- In the absence of the Customer at the address indicated by him when submitting the Order as the delivery address, an employee of the carrier will leave a notice or attempt to contact in order to determine the date on which the Customer will be present. In the event of a return of the ordered Goods to the Online Store by the carrier in connection with the Customer's absence for the purpose of collecting the Goods and in the absence of any reservations as to the indicated delivery date, the Seller will contact the Customer by e-mail or telephone, again setting the date and cost of re-delivery with the Customer, stipulating the option of returning the Good for storage at the expense and risk of the Customer in the event of delay by the Customer in collecting the purchased Good.
§ 6 ORDER COMPLETION
- The condition for the Order to be completed is that the Customer provides true personal and contact details in the interactive form (enabling verification and confirmation of acceptance of the Order for processing).
- In the event of a possible extension of the delivery period, the Customer shall be immediately informed.
- By placing an Order for Goods, the Customer may use the decorative packaging service of the Goods provided by the Seller. The cost of this service is visible in the order placement procedure and is borne by the customer.
- The Order processing procedure shall be launched from the moment of concluding the sales contract, determined in accordance with § 3 para. 5 of the Regulations, but not earlier than from the moment the payment is credited with the Goods (in the case of a transfer) or payment authorization by the PayU system.
- Orders are processed only on business days. Orders placed on Saturdays, Sundays and holidays are processed on the first following business day.
- Delivery of Goods with different delivery times is made after all Goods have been completed.
- The waiting time for delivery is from 48 hours to 21 days. The waiting time consists of the time of order completion (completion of the Goods) and the estimated delivery time (from 24 hours in the case of Poland).
- In the event of incorrect or insufficient provision of personal or contact details, the Seller will make every effort to contact the Customer to confirm the placement of the Order. If the Order cannot be confirmed within 3 business days due to the lack of contact with the Customer, the Seller's offer is not binding.
- If the Customer is a Consumer, the Seller shall deliver the Goods to the Consumer, no later than thirty days from the date of conclusion of the contract, unless the contract provides otherwise.
- The proof of purchase is a receipt or, at the Customer's request, a VAT invoice, which the Customer receives electronically, together with the Goods or in a separate shipment. The Customer authorizes the Seller to issue an invoice without the Customer's signature and send it electronically to the e-mail address provided by the Customer, unless the Customer notifies the Seller of his intention to receive it in paper form.
- The place of performance by the Seller is the place of receipt of the Goods (indicated by the Customer) in the order submission procedure (delivery address).
- When receiving a parcel delivered by a courier, the Customer is obliged to examine it (pursuant to Article 545 § 2 of the Civil Code). In the event of damage to the parcel, the Seller recommends that a damage report be prepared in the presence of the courier and that the Seller be immediately informed. Failure to draw up a damage report is not tantamount to the expiry of the consumer's right to make a complaint regarding damage caused during delivery; however, the report is helpful in the complaint procedure. Lack of damage protocol may make it difficult for the Consumer to assert any claims from the Seller and to determine the person responsible for damage to the package. Complaints about damage caused during delivery made by customers who are not Consumers, without an attached damage protocol, will not be considered.
§ 7 WARRANTY AND GUARANTEE
- The Seller is liable to the Customer for physical or legal defects of the purchased Good (warranty), on the principles set out in the Civil Code, in particular in the provisions of Art. 556 and art. 5561-5563 KC.
- The customer under the warranty has the right to file a complaint regarding the purchased Good.
- The complaint may be submitted in writing by letter to the address below or by e-mail (firstname.lastname@example.org): or to a correspondence address in accordance with the registered office of the Seller.
- Before submitting a complaint, it is recommended to contact the Seller via e-mail or telephone - this will help in more efficient consideration of the complaint.
- When submitting a complaint, the Seller recommends providing the Customer's contact details, accurately describing the reasons for the complaint and requests to the Seller, as well as attaching the sales document or photocopies thereof. Complaints submitted by a Customer who is not a Consumer, without an attached sales document, will not be considered.
- If it is necessary to supplement any deficiencies in the complaint - the Seller shall immediately contact the Customer in the manner indicated in § 2 paragraph 4 of the Regulations.
- The customer who exercises the warranty rights is obliged to deliver the defective item to the following address: HAKKA Halina Gawrońska ul. Wrocławska 16 b / 14 45 - 707 Opole, preferably with a note "COMPLAINT".
- In order to improve the complaint process, the Customer may also send a complaint form by e-mail to the following address: email@example.com, then within 2 business days of receiving the complaint, expect contact from the Seller.
- Complaints under the warranty are considered in accordance with the content of the Civil Code Act of April 23, 1964.
- In the complaint procedure, the Seller does not provide for the possibility of out-of-court settlement of the dispute.
- The Customer may exercise the warranty rights for physical defects regardless of the rights arising from the warranty.
- The Customer's rights under the warranty do not limit the Customer's rights arising from the warranty granted by the guarantor - on the terms indicated in the warranty document, provided that such a document is attached to the Goods.
- The method of guarantee implementation is set by the guarantor in the guarantee document. The warranty period is two years from the date of delivery of the Goods to the Customer, unless the warranty document states otherwise.
8. § 8 STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT
- The Consumer may withdraw from the contract of sale of Goods purchased from the Seller without giving a reason, by submitting a relevant statement within 14 (say: fourteen) days from the date of delivery of the Goods (i.e. from the date of taking possession of the item by the Consumer or indicated by him) a third party other than the carrier). To comply with this deadline, it is sufficient to send a statement before its expiry.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to contracts:
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
- 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 service by the Seller he will lose the right to withdraw from the contract.
- In the event of withdrawal from the contract, the Consumer is obliged to return the Goods immediately, to the address below, but not later than 14 days from the day on which he withdrawn from the contract to the address Returns HAKKA Halina Gawrońska ul. Wrocławska 16 b / 14 45-707 Opole.
- In the event of returning the returned Goods, the Seller recommends adding "RETURN" on the parcel.
- The consumer is liable for a decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
- In the event of withdrawal from the contract, the Seller shall refund all payments received from the Consumer, including the costs of delivery of the Goods to the Consumer (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed about the exercise by the Consumer of the right to withdraw from the contract.
- Payment refunds are made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution.
- The Seller shall refund the payment within 14 days from the date of receipt of the statement of withdrawal from the contract, but may withhold the reimbursement of such payments until receipt of the Goods or until the Seller provides proof of its return, depending on which event occurs first.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest regular delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The consumer bears the direct cost of returning the good - according to the carrier's price list, with the help of which the consumer delivers the returned good to the seller, i.e. the consumer sends the good to the seller at his own cost, which is not refundable.
- The customer who does not have the status of a consumer is not entitled to withdraw from the contract within 14 days. With regard to such clients, the rules and deadlines for withdrawing from the contract are governed by the provisions of the Civil Code.
§ 9 CONTRACTUAL RIGHT TO WITHDRAW FROM THE CONTRACT
- Without prejudice to the statutory right to withdraw from the Contract described in § 81 of the Regulations, the Consumer may withdraw from the Sales Agreement within 15 to 30 days from the delivery of the Good, however, the condition of exercising the contractual right of withdrawal is the lack of traces of use of the Good, delivery of the Good complete, with all tags, without damage and in original, undamaged packaging.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement within the period specified in paragraph 1 only by means of a statement in which he will provide the name of the returned product, the reason for return and his contact details, i.e. postal address and telephone number, and at the same time send the Goods to the address HAKKA Halina Gawrońska ul. Wrocławska 16 b / 14 45-707 Opole.
- In the event of successful withdrawal from the Sales Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement and the Goods in the condition described in paragraph 1, all payments made by him, including the costs of delivery of the Goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.
- The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
- The consumer shall bear only the direct costs of returning the Good and the costs of the service provided until the withdrawal from the contract other than the costs of delivery of the Good.
- The Entrepreneur is not entitled to withdraw from the contract by distance.
- The contractual right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
- whose subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- 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 service by the Seller, he will lose the right to withdraw from the Agreement,
- in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
§ 10 PROTECTION OF PERSONAL DATA AND PRIVACY
- The Seller, as the data administrator, processes the Customer's data (in particular those provided in the interactive form) in order to implement and service the contract of sale of the Goods by the Seller.
- Personal data contained in the Seller's database are not transferred to entities not participating in the implementation of the contract for the sale of Goods.
- The Customer has the right to access their personal data, rectify it, supplement it, in cases provided for by law, the right to request the deletion of data, limit processing, transfer data, object to data processing. Despite the request to delete personal data, withdraw consent to the processing of personal data, object to the processing of personal data, the Seller will not be required to delete personal data to the extent that processing is necessary: to exercise the right to freedom of expression and information, or to comply with. from a legal obligation requiring processing under Union law or the law of a Member State to which the Seller is subject, either for the performance of a task carried out in the public interest or for archiving purposes in the public interest or for statistical purposes, provided that the deletion of data prevents or seriously impedes the achievement of such purposes processing or establishing, pursuing or defending claims.
§ 11 FINAL PROVISIONS
- In matters not covered by the Regulations, the provisions of generally applicable law shall apply, in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights.
- The Regulations do not exclude or limit any of the consumer's rights which they are entitled under mandatory legal provisions. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, granting consumers rights, these provisions shall prevail. The provisions of contracts less favorable to the Consumer than the provisions of the Act on Consumer Rights are void, and the provisions of this Act apply in their place.
- The Regulations are available to customers in an electronic version on the Store's website www.hakka-ski.com (regulations tab).
- The content of the concluded contract is consolidated, secured and made available to the Customer through:
- sending an email to the Customer,
- sending the sales document to the Customer.
- The above regulations apply from November 1, 2019.