REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES AND DISTANCE CONTRACTS CONCLUDED USING THE HEDONISTA ONLINE SHOP
§ 1. Definitions
1. Regulations - these Regulations for the provision of electronic services within the Hedonista online shop.
2. Seller - HEDONISTA limited liability company with its registered office in Łódź, ul. Senatorska 14/16 93-192 Łódź, entered in the Register of Entrepreneurs by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register under KRS no.: 0000672395, NIP: 7272812721, REGON: 367002658, share capital of PLN 5,000.00 (in words: five thousand zloty).
PLN: 06 1050 1461 1000 0090 3191 4840
IBAN: PL 06 1050 1461 1000 0090 3191 4840
BANK ACCOUNT INTERNATIONAL TRANSFERS:
EUR: 31 1050 1461 1000 0090 8124 8396
GBP:37 1050 1461 1000 0090 8203 0108
3. Client – a natural person of full legal age who has full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, making a purchase from the Seller related directly to his/her business or professional activity.
4. Consumer – a natural person of full legal capacity making a purchase from the Seller not directly connected with his/her economic or professional activity.
5. The customer with consumer rights - A Client who is a natural person conducting economic activity registered in the Central Register of Evidence and Information on Economic Activity (CEIDG), who concludes an Agreement directly related to his/her economic activity, when at the same time it follows from the content of the Agreement that it is not of a professional character for him/her, in particular from the subject of the performed economic activity made available in CEIDG (including in particular PKD numbers).
6. Buyer – both Consumer, Customer and Customer with consumer rights.
7. Postal address - name or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, flat or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and town.
8. Complaint address - HEDONISTA limited liability company with its registered office in Łódź, ul. Senatorska 14/16 93-192 Łódź
9. Price list for deliveries – a summary of the available types of delivery and their costs.
10. Contact details - HEDONISTA limited liability company with its registered office in Łódź, ul. Senatorska 14/16 93-192 Łódź; e-mail: email@example.com
11. Delivery – the type of transport service together with the carrier and the cost listed in the delivery price list.
12. Receipt of purchase – an invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant legislation.
13. Product card – a single sub-page of the shop containing information about a single product.
14. Civil Code – Civil Code Act of 23 April 1964, as amended.
15. Code of good practice – a set of rules of conduct, in particular ethical and professional standards, as referred to in Art. 2 pt. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
16. Shopping basket – a list of products drawn up from the products offered in the shop on the basis of the Buyer's choices.
17. Place of delivery – the postal address or collection point indicated in the order by the buyer.
18. The moment of delivery – the moment at which the Buyer or a third party designated by the Buyer to receive the goods takes possession of the goods.
19. Payment – method of payment for the object of the contract and delivery.
20. Consumer law – Consumer Rights Act of 30 May 2014.
21. Product – the minimum and indivisible quantity of an item that can be ordered, which is stated in the Seller's shop as the unit of measurement when determining its price (price/unit).
22. Subject matter of the contract – products and delivery subject to the contract.
23. Subject matter – subject of the contract.
24. Collection point – the place of delivery of the goods, which is not a postal address, listed in the list made available by the Seller in the shop.
25. Thing – a movable item that can be or is the subject of a contract.
26. Shop – the internet service available at www.hedonista.com, through which the Buyer can place an order.
27. System – a set of cooperating IT devices and software, providing for the processing and storage, as well as the sending and receiving of data via telecommunications networks by means of a terminal equipment appropriate for the type of network, commonly referred to as the Internet.
28. Implementation date – the number of hours or working days stated on the product sheet.
29. Agreement – an off-premises or distance contract within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
30. Defect – both a physical defect and a legal defect.
31. Physical defect – the goods sold are not in conformity with the contract, in particular if the goods:
a) does not have the characteristics which a thing of that kind should have in view of the purpose specified in the contract or resulting from the circumstances or intended use;
b) does not have the qualities which the Seller assured the Consumer of;
c) is not fit for the purpose the Consumer informed the Seller about at the conclusion of the contract and the Seller did not make any reservations as to such purpose;
d) it has been given to the Consumer in an incomplete condition;
e) if it has been incorrectly assembled and started up, if these actions have been performed by the Seller or a third party for whom the Seller bears responsibility, or by the Consumer who followed the instructions received from the Seller;
f) it does not have the characteristic as assured by the manufacturer or his representative or the person who places the thing on the market in the scope of his business activity and the person who by placing his name, trademark or other distinctive sign on the sold thing presents himself as the manufacturer, unless the Seller did not know those assurances and, judging reasonably, could not have known them or they could not have influenced the Consumer's decision on concluding the contract or if their content was corrected before the conclusion of the contract.
32. Legal defect – when the thing sold is the property of a third party or is encumbered by a right of a third party, and when the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
33. Order – a declaration of intent by the Buyer made through the shop, specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery; Buyer's details and aiming directly at the conclusion of a contract between the Buyer and the Seller.
Consumer Rights Act - Act of 30 May 2014 on consumer rights.
Act on Provision of Electronic Services - Act of 18 July 2002 on provision of services by electronic means.
§ 2. General provisions
1. These Terms and Conditions determine the principles of use of the Shop.
2. These Terms and Conditions shall constitute the Seller's fulfilment of the obligation referred to in Article 12 of the Consumer Rights Act.
3. Users may access these Terms and Conditions of Use at any time via a link on the Store's home page and may download and print them.
4. The shop is operated by the Seller.
5. These Rules set out in particular:
1) types and scope of services provided electronically through the Store,
2) terms and conditions for the provision of services by electronic means,
3) principles of registration and use of an account within the Shop;
4) terms and conditions for placing orders electronically within the Store;
5) principles of concluding and terminating Contracts of Sale with the use of services provided by the Store;
principles of complaint.
6. he use of the Shop is possible on condition that the ICT system used by the User meets the following minimum technical requirements:
IE version 9 or higher,
Firefox version 3 or higher,
Opera version 9 or higher,
Chrome version 10 or higher,
Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 640 px.
7. In order to use the services provided electronically by the Shop, the User should himself/herself have access to a computer workstation or a terminal device with Internet access.
8. The following electronic services are provided on the basis of the Shop:
• browsing the Goods presented in the Shop;
• search for Goods available in the Shop;
• creating an account - registration;
• logging into an already established account;
• possibility of purchasing Goods available in the Shop.
9. Users may access these Terms and Conditions of Use at any time via a link on the Store's home page and may download and print them.
10. Zakazane jest dostarczanie treści o charakterze bezprawnym.
11. The Seller declares that the result of the search for Goods obtained using the search engine located on the website of the Store operates according to relevance, which means that in the search results appear Goods whose name or description contain the word or words (phrase), which the User has entered into the search engine of the Store or Goods whose name or description are the most relevant in relation to the word or words (phrase) entered by the User - in alphabetical order.
§ 3. Registration, conditions for ordering
1. Customers entitled to place orders for Goods are Customers:
2) having the status of a registered Store user,
2) not having the status of a registered or logged-in user of the Shop - making purchases without the registration and logging procedure.
2. The status of a registered user of the Store is obtained by performing the following actions:
1) completing the registration form on the Shop's website correctly (in particular, providing the personal data required by the form and establishing the Customer's login and password),
2) activate the account by clicking on the link sent to the Customer's e-mail address. Registration is done once. With each subsequent Order, the Customer uses the login and password previously established on the Store's website. After using the login and password established by the Customer, he/she has the possibility of updating the data provided during registration. The login and password are confidential.
3. A Customer with the status of a registered Store user places an Order after logging in to the Store by adding the Goods presented in the Store to the shopping cart, then confirming the placing of the Order for the Goods by selecting the button - "I place an Order with the obligation to pay".
4. A Customer who does not have the status of a registered Store user places an Order by adding the Goods presented in the Store to the basket, then confirming the placing of the Order for the Goods by selecting the button - "I place an order with the obligation to pay" and providing the data necessary to complete the Order in accordance with the procedure on the Store's website.
§ 4. Conclusion of the Sales Contract and Order Processing
1. Information about the Goods given in the Shop, in particular their descriptions and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
2. In order to conclude a Sales Agreement via the Internet Shop, you need to enter the website https://www.hedonista.com/, make a selection of Goods, taking subsequent technical actions based on the messages displayed to the Customer and the information available on the website.
3. The Goods ordered by the Customer are selected by adding them to the basket.
4. In the course of placing the Order - until the button "Order with obligation to pay" or any other equivalent informing about the obligation to pay is pressed - the Customer has the possibility of modifying the data entered and the selected Goods. In order to do so, it is necessary to follow the messages displayed to the Customer and the information available on the website.
5. After the Customer using the Store has entered all the necessary data, a summary of the Order placed will be displayed. The summary of the Order placed shall contain information concerning:
1) the subject of the Order,
2) unit and total price of the ordered Goods, including delivery costs and additional costs (if any),
3) selected method of payment,
4) the selected method of delivery,
5) time of delivery.
6. In order to send an Order it is necessary to accept the content of the Terms and Conditions, provide personal data marked as obligatory and press the button "Order with obligation to pay" or other equivalent button.
7. Sending of the Order by the Customer constitutes a declaration of will to conclude a Sales Agreement with then Seller, in accordance with the content of the Regulations.
8. Once the Order has been placed, the Customer shall receive an e-mail entitled "Confirmation of Order Placement (...)", containing a final confirmation of all essential elements of the Order.
9. The contract shall be deemed to have been concluded upon receipt by the Customer of the e-mail referred to above.
10. The sales contract shall be concluded in the Polish language, with contents in accordance with the Terms and Conditions.
11. The Order data is recorded, secured and made available by e-mail.
12. Orders may be placed with the Store 24 hours a day, 7 days a year.
13. Most Orders are processed within 3 working days of their confirmation and payment. In special cases, i.e. in the period before Christmas, during sales or special promotions, the processing of an Order may be extended. Expected delivery times should be counted from the moment of shipment. You can follow the status of your Order on an ongoing basis - all information is sent to you via e-mail.
§ 5. Payment arrangements
1. The prices of Goods are given in Polish zloty and include all components, including VAT (with the distinction of the rate), customs duties and any other components.
2. In each case of reduction of the price of Goods, the Seller shall place on the card of the Goods (next to information about the reduced price) information about the lowest price of the Goods, which was valid in the period of 30 days before the introduction of the reduction. In the event when a given Item has been offered for sale for a period shorter than 30 days, the Seller shall place on the card of the given Item (next to information about reduced price) also information about the lowest price of the given Item, which was in force in the period from the date the given Item was offered for sale until the date of introduction of the price reduction.
3. Payment for the Goods and costs of delivery of the Goods may be paid only according to the following possibilities:
1) by bank transfer or payment to the Seller's bank account,
2) by online transfer - using the online payment system on the website of the Store;
3) by online transfer - including deferred payments using the payment system displayed on the website of the Store.
4. In the case of payment made by bank transfer or payment to the Seller's bank account, the transfer order should include in the title of the transfer:
1) Customer's name or company name
2) Order number (indicated in the information about registering the Order in the Shop).
5. The Customer's obligations arising from the Contract for Sale of Goods shall continue until all amounts due for the Goods and the costs of delivery of the Goods have been paid in full.
§ 6. Delivery of ordered goods
1. The type of transport service together with the carrier and the cost of delivery, including a list of countries to which deliveries are made, is set out in the Delivery Price List and takes place to the address indicated by the Customer when placing the Order.
2. Delivery of the ordered Goods shall be by courier service. Delivery costs will be indicated at the time of placing the Order.
3. Dispatch via carrier will take place after email confirmation of the Order within 4 working days. Confirmation will take place when the order is completed and, in the case of a payment method other than cash on delivery, when the payment is credited to the account. In special cases, i.e. in the period before Christmas, during sales or special promotions, the processing of an Order may be extended. You can follow the status of the Order on an ongoing basis - all information is sent by e-mail.
4. The time of processing and delivery of the Order shall not include Saturdays and public holidays in the territory of the Republic of Poland.
5. The Seller undertakes to deliver Goods without defects.
§ 7. Right of withdrawal from a distance contract
1. The Customer who is a Consumer and an Entrepreneur on the rights of a Consumer shall have a 14-day period to withdraw from the Sales Contract without giving any reason.
2. The period for withdrawal from the Sales Contract referred to in paragraph 1 above shall commence for:
1) Contract in the performance of which the Seller delivers the Goods, being obliged to transfer their ownership - from taking possession of the Goods by the Consumer or a third party indicated by the Consumer other than the carrier;
2) A contract that involves multiple Goods delivered separately, in batches or in parts - from taking possession of the last Goods, batch or part;
3) A contract which involves the regular delivery of Goods for a fixed period of time - from taking possession of the first of the Goods;
- It shall be sufficient for the period to be observed if the declaration is sent before its expiry.
3. In order to exercise the right of withdrawal from a Contract concluded at a distance, the Customer is obliged to inform the Seller of his/her decision to withdraw from the Contract by an unequivocal statement (for example a letter sent by post or e-mail).
4. In order to exercise the right of withdrawal from the Agreement concluded remotely, it is permissible to use the model form for withdrawal from the Agreement constituting Appendix No. 2 to the Act on Consumer Rights or the form available at the website of the Seller.
5. In the case of withdrawal from a Distance Contract, the Seller shall immediately, and in any case no later than 14 days from the date of effective withdrawal from the Agreement , will return to the Customer the payments received from the Customer for the price of the Sales Agreement.
6. Reimbursement of payments will be made using the same means of payment that were used by the Customer in the original transaction, unless the Customer expressly agrees to a different solution.
7. The Seller reserves the right to withhold the refund of the payment until the Goods are received or until the Seller is provided with proof of its return, whichever event occurs first.
8. In the event of withdrawal from the Contract of Sale, the Customer shall be obliged to return the Goods immediately and in any case no later than 14 days from the date of effective withdrawal from the Contract of Sale.
9. In the event of withdrawal from the Contract of Sale, the Customer shall bear the direct costs of returning the Goods.
The Customer shall only be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the Goods.
§ 8. Warranty. Non-compliance of the Goods with the Contract.
1. Pursuant to Art. 558 § 1, second sentence, of the Civil Code, the Seller excludes all liability towards customers who are entrepreneurs for defects in the Goods to the extent permitted by law (warranty).
2. The Seller shall be obliged to deliver to the Customers who are Consumers and Entrepreneurs on consumer rights the Goods without defects, consistent with the content of the Contract. The Seller shall be liable to the Customers who are Consumers and Entrepreneurs on the rights of consumers for non-compliance of the Goods with the Contract on the principles specified in the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287. as amended) in Article 43a to 43g and also in the provisions of the Act of 23 April 1964 of the Civil Code (Journal of Laws 2022, item 1360, as amended) with the exclusion of the provisions of the third book of Title XI of Chapter II. .
3. Notification of complaints about the Goods should be: sent to the e-mail address: firstname.lastname@example.org.
4. In the complaint, the Customer should state his/her name, mailing address, type and date of detection of non-compliance of the Goods with the Contract. The Customer should attach the proof of purchase of the Goods to the complaint.
5. In order to make a complaint, it is permissible to use the model complaint form available on the Seller's website, i.e. complaint form
6. A customer who exercises his rights due to the non-conformity of the goods with the content of the contract may demand their repair or replacement, subject to the reservations set out in Article 43d(2) and (3) and Article 43e of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287. as amended).
7. The Goods complaint will be dealt with up to 14 days from the date of the complaint. The Customer will be notified by email or telephone of the manner in which the Goods complaint will be dealt with.
§ 9. Personal data protection
1. The administrator of personal data collected via the Online Shop is the Seller.
§ 10. Dispute resolution and final provisions
1. A customer who is a Consumer may, if interested, use out-of-court ways of dealing with complaints and claims. Disputes concerning online shopping can be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. Consumers can also use other methods of out-of-court dispute resolution and, for example, submit their complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
2. If the Consumer is not interested in the possibility to use out-of-court dispute resolution, any disputes arising between the Seller and the Consumer shall be resolved by the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
3. Any disputes arising between the Seller and a Customer who is not also a Consumer will be referred to the court having jurisdiction over the Seller's registered office.
4. Matters not covered by these Terms and Conditions shall be governed by the provisions of the Civil Code, the provisions of the Act on Provision of Electronic Services and other relevant provisions of Polish law.
5. Any changes to the Terms and Conditions must be announced in the Shop at least 7 days in advance, which does not affect the users' rights acquired before the change.
§ 11. Seller's contact details
In all matters related to making transactions in the Store, the Customer may contact the Seller as follows:
a) by post or in person at: ul. Senatorska 14/16, 93-192 Łódź, Poland
b) via e-mail: email@example.com;
c) by telephone: +48 42 715 80 83.