TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES AND THE CONCLUSION OF REMOTE SALES AGREEMENTS WITHIN THE HEXELINE ONLINE STORE. THESE TERMS AND CONDITIONS SET OUT THE GENERAL TERMS AND CONDITIONS OF USE OF THE SHOP, THE TERMS AND CONDITIONS OF PROVIDING SERVICES BY ELECTRONIC MEANS AND THE TERMS AND CONDITIONS OF CONCLUDING DISTANCE SALES CONTRACTS.
1 Definitions
For the purposes of interpreting the Terms and Conditions, the following provisions shall have the following meanings:
- Shop - an online shop operated by the Seller at the internet address www.hexe.com.pl
- Seller - HEXELINE limited liability limited partnership with its registered office in Łódź at ul. Aleksandra Puszkina 62/64, 92-516 Łódź, Registry Court: District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, National Court Register number: 0000533223, Tax Identification Number (NIP): 7262655438, National Business Registry Number (REGON): 360239222;
- Consumer – a natural person with full legal capacity who concludes a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Entrepreneur – a natural person, legal person or organisational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
- Customer – a Consumer or Entrepreneur concluding a Sales Agreement through the Shop.
- User – any individual Internet user who uses the electronic services provided in the Online Store, including those who conclude a Service Agreement with the Seller.
- Shop – an online shop operated by the Seller at the internet address www.hexe.com.pl
- Distance contract – a sales contract concluded with the Customer within an organised system of distance contracts (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
- Terms and Conditions – these terms and conditions.
- Registration – a one-time action consisting in the creation of an Account by the Customer, performed using the registration form provided by the Seller on the Online Shop website.
- Order – a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Contract for the Sale of a Product or Products with the Seller.
- Customer Account / Account – a space made available to the Customer within the Shop in accordance with the Service Agreement, allowing the Customer to use additional functionalities/services. The Customer gains access to the Customer Account using a login and password or other available login methods. The Customer logs into their Account after registering on the Shop's website;
- Order Form – an interactive form available in the Shop enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Service Agreement – this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of free services offered by the Seller through the Shop to Customers and Users. With regard to services provided electronically, these Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended);
- Electronic services – services provided by the Seller electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended);
- Shopping basket – an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order details, in particular the quantity of products.
- Product – a movable item available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store – a distance agreement; The Sales Agreement is also understood to mean – depending on the characteristics of the Product – a contract for the provision of services and a contract for specific work.
- Technical Requirements - minimum technical requirements that must be met in order to use the Shop, conclude a Service Agreement or conclude a Sales Agreement, i.e.: having a computer or other device connected to the Internet, equipped with one of the following web browsers (in the indicated or newer versions): Internet Explorer (min. Version 11) or Google Chrome (min. Version 48) or Mozilla Firefox (min. Version 44) or Opera (min. Version 35) or Microsoft Edge (min. Version 14) or Apple Safari (min. Version 10). In order to create an Account, make purchases in the Shop and subscribe to the newsletter, the Customer must have a valid/active e-mail address;
2 General rules for using the Store
- Use of the Store requires that the end device and ICT system used by the User meet the minimum Technical Requirements.
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Shop, caused by force majeure, unlawful actions of third parties or failure of the User's end device or ICT system to meet the minimum Technical Requirements.
- Acceptance of the Terms and Conditions is voluntary but necessary in order to make a purchase in the Shop or create a Customer Account. The Customer may use the services provided by the Service Provider specified in § 4(1) and (2) of the Terms and Conditions to the extent of their choice.
- The Seller informs that the User's use of the Shop via a web browser, including placing an Order, as well as making a telephone call to the Seller, may involve the User incurring the costs of connecting to the Internet (data transfer fee) or telephone connection costs. The above fees are not charged by the Seller, but by the provider of publicly available telecommunications services within the meaning of the Telecommunications Law, whose services are used by the User. The provider referred to in the previous sentence is not a subcontractor of the Seller.
3 Contacting the Seller
- Seller's registered office: ul. Aleksandra Puszkina 62/64, 92-516 Łódź.
- Address for submitting complaints: HEXELINE online store, ul. Aleksandra Puszkina 62/64, 92-516 Łódź
- Seller's e-mail address: [email protected]
- Seller's telephone number: 506304407
- Each User may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
4 Conclusion and termination of the Service Agreement
- The Seller provides the following free electronic Services to Users via the Store:
- enabling the creation of a Customer Account;
- enabling the placement of Orders and the conclusion of Sales Agreements;
- enabling the use of the Shopping Cart services;
- enabling the viewing of content posted by the Seller within the Shop.
- enabling the receipt of newsletters;
- enabling notification of Product availability;
- In addition, the Seller provides the following services through the Shop to Users who have created a Customer Account:
- maintaining the User's session after logging into the Customer Account (using a browser);
- storing and making available to the User, via the Customer Account, the history of concluded Sales Agreements;
- Within the Store, the Seller undertakes to provide the services referred to in sections 1 and 2 above free of charge, within the scope and under the conditions specified in the Terms and Conditions. The use of the services indicated in section 1 or section 2 does not entail the obligation for the User to pay remuneration to the Seller.
- The Service Agreement is concluded upon the effective completion and acceptance by the User (sending to the Seller) of the registration form in order to create a Customer Account. The conclusion of the Service Agreement requires acceptance of the Terms and Conditions. If the User uses the Store without creating an Account and without purchasing Products, they should comply with the provisions of the Terms and Conditions to the extent that they actually use the services provided by the Seller.
- The recording, securing, making available and confirming to the User of the relevant provisions of the Service Agreement shall be done by means of an e-mail sent to the e-mail address provided by the User in the registration form.
- The Service Agreement is concluded within the Store in Polish, for an indefinite period.
- The User is obliged in particular to:
- providing only true, current and all necessary data in the Order and in the registration forms when creating a Customer Account;
- immediately updating the data, including personal data, provided by the User to the Seller in connection with the conclusion of the Service Agreement or Sales Agreement, in particular to the extent necessary for their proper performance;
- use the services offered by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Terms and Conditions, as well as with the customs and rules of social coexistence accepted in a given area, including in a manner that is not burdensome for other Users and for the Seller and does not interfere with the work of the Seller or the Shop;
- pay the price and other costs agreed between the User and the Seller on time;
- not to deliver or transfer any Content prohibited by applicable law within the Store, in particular Content that infringes the property copyrights of third parties or their personal rights;
- The User may terminate the Service Agreement with immediate effect, at any time, without giving reasons and without incurring costs, by sending an appropriate statement to the Seller in the form of:
- a written statement; or
- an e-mail to adres:[email protected]
- The Seller may terminate the Service Agreement with the User at any time with at least 14 days' notice for important reasons understood exclusively as: violation by the User of the provisions of the Terms and Conditions or actions taken by the User that are unlawful or harmful to the Shop. The Seller shall send its statement in this regard to the e-mail address provided by the User when creating the Customer Account.
- The Seller may restrict the User's right to use the Shop and place Orders, as well as restrict their access to part or all of the content, for important reasons, i.e. in the event of a gross violation of the Terms and Conditions by the User, i.e. in situations where the User: a. in circumstances justifying the assumption that, acting intentionally, the User has provided data or content that is misleading or infringes the rights of third parties; b. has placed Orders several times and then failed to collect those Orders several times, in a manner justifying the assumption that the User is acting deliberately to the detriment of the Seller.
- A User to whom the provisions of section 10 above apply may use the Store after contacting the Seller and obtaining the Seller's consent to continue using the Store without restriction.
5 Complaints about Services
- The User has the right to lodge a complaint about the services provided by the Seller within 14 days of discovering an irregularity in the services provided by the Seller.
- The User may submit a complaint about the services provided by the Seller to the Seller, in particular in writing or by e-mail to the details indicated in § 3 of the Terms and Conditions. In order to speed up the processing of the complaint, it is recommended to include in the complaint a brief description of the reasons justifying the complaint and the contact details of the User submitting the complaint.
- The complaint will be considered by the Seller within 14 days of the Seller receiving the User's complaint.
6 Conclusion and performance of the Sales Agreement
- The information provided in the Shop constitutes an invitation to conclude a Contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to Customers.
- Orders for Products can be placed 24 hours a day, 7 days a week;
- An order for Products may be placed both by a Customer who has an Account and by a Customer who does not have an Account;
- The Customer places an order as follows:
- The Customer adds the selected Product(s) to the Basket and then proceeds to the Order form;
- In the Order form, the Customer indicates:
-- the Product being ordered and the size of the Product, if the Product is offered in different sizes;
-- the address to which the Product is to be delivered;
-- their email address and contact telephone number;
-- the delivery method;
-- the payment method.
- Customers who have an Account confirm the data necessary to place an Order and perform the Sales Agreement;
- Customers who do not have an Account shall complete the data necessary to place an Order and perform the Sales Agreement;
- until the Customer activates the functionality marked with the message "I order with the obligation to pay" (the moment of placing the Order), the Customer has the option of independently correcting the data entered into the Basket or Order, in particular editing and correcting it, including the option of adding/removing Product(s), modifying the method of payment or delivery, and changing the delivery address;
- The Customer places an Order with the Seller by activating the Store functionality marked with the message "I order with the obligation to pay". Placing an Order constitutes a declaration of will by the Customer expressing their direct intention to conclude a Distance Sales Agreement via the Store and means placing an order entailing the obligation to pay;
- In response to the Customer's Order, the Seller immediately sends an e-mail to the e-mail address provided by the Customer for this purpose, confirming receipt of the order and acceptance of the offer made by the Customer or informing the Customer that it is not possible to accept the offer.
- Upon confirmation by e-mail of the acceptance of the Order for execution by the Seller, the Sales Agreement is considered concluded. The Sales Agreement is concluded in Polish.
- The relevant provisions of the concluded Sales Agreement shall be recorded, secured, made available and confirmed to the Customer by sending the Customer an e-mail confirming the Order placed and the conclusion of the Sales Agreement at a distance, and by attaching to the shipment containing the Product a fiscal proof of purchase – a receipt or VAT invoice, depending on the choice made by the Customer when placing the Order.
7 Payment of the price
- The price quoted for each Product is binding at the time the Customer places the Order.
- The prices in the Shop include all applicable customs duties and taxes. The prices do not include shipping costs.
- The final amount to be paid by the Customer consists of the price of the Product and the cost of delivery, which the Customer is informed of when placing the Order, including at the moment of expressing their willingness to be bound by the Sales Agreement.
- Payments can be made:
- on delivery (cash on delivery) – if the total Price for the purchased Products does not exceed PLN 10,000.00 gross;
- via Paynow online transfer (the entity providing online payment services is mElements S.A.)
- by payment card (Available payment methods: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro – The entity
providing online payment services for card payments is Autopay S.A.) - by regular transfer to the Seller's bank account PL 16 1140 1108 0000 5869 9100 1007
- If the Customer chooses:
- payment by bank transfer, online payment or payment card - the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement;
- cash on delivery upon receipt of the shipment - the Customer is obliged to make the payment upon receipt of the shipment.
6. The Agreement shall be terminated if the Customer fails to pay for the ordered Product:
- within 3 days from the date of conclusion of the Agreement, in the case of payment by online transfer via the Paynow system, payment card or regular transfer to a bank account;
- in the event of failure to pay for the Product upon delivery, when choosing the cash on delivery option.
Failure to make payment, despite the expiry of the above-mentioned deadline, is a condition for terminating the Sales Agreement within the meaning of Article 89 of the Civil Code.
8 Delivery of Products
- The Product will be shipped by the Seller within 5 working days from:
- if the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account is credited.
- if the Customer chooses cash on delivery as the payment method - from the date of conclusion of the Sales Agreement,
- If different delivery periods are specified for the Products covered by the Order, the longest of the specified periods shall apply to the entire Order.
- Delivery of the product to the customer is free.
- The delivery of the ordered Products is carried out by a selected shipping company.
- The delivery of the ordered Products takes place within the territory of the Republic of Poland.
- If the Customer wishes to place an order to be delivered outside the territory of the Republic of Poland, the Customer should contact the Seller by email at: [email protected] or by phone at: 506304407, in order to individually determine the terms and conditions of such an order, including in particular the costs of delivery of the Products covered by such an Order.
- It is not possible to collect the Products in person.
9 Right to withdraw from the contract
- A Customer who is a Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 begins on the date of delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
- In the case of a Sales Agreement covering multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
- The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the expiry of that period.
- The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3 of the Terms and Conditions. The statement may also be submitted on the form, a template of which is attached as Appendix 1 to these Terms and Conditions, but this is not mandatory.
- If the Consumer sends the statement electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Contract to the e-mail address provided by the Consumer.
- Effects of withdrawal from the Contract:
- In the event of withdrawal from a distance contract, the Contract shall be deemed not to have been concluded.
- In the event of withdrawal from the Contract, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, refund to the Consumer all payments made by the Consumer, including the costs of delivery, except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method 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 agreed to a different method of refund which does not involve any costs for him.
- The Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever occurs first.
- The consumer should return the Product to the following address: Aleksandra Puszkina 62/64, 92-516 Łódź, immediately, no later than 14 days from the date on which they informed the Seller of their withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular post.
- The Consumer shall only be liable for any reduction in the value of the Product resulting from its use in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
- The Seller does not accept any cash on delivery parcels and does not collect parcels from parcel lockers.
8. The Consumer shall not have the right to withdraw from a distance contract in relation to a Contract:
- where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs
9. A Consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from it without giving any reason within 14 days.
10 Warranty and guarantee
- The products covered by Sales Agreements concluded through the Shop are new.
- The Products may be covered by a manufacturer's warranty, which is an additional assurance of the quality of the item sold, provided by the manufacturer, and constitutes an alternative to the warranty for pursuing claims in the event of a Product defect. In the case of Products covered by a warranty, the detailed terms and conditions of the warranty, its duration and the rules for making a complaint are specified in the warranty card issued by the guarantor and attached to the Product.
- The Seller has a legal obligation to deliver Products without defects to the Customer.
- If the Product received by the Customer is defective, the Customer may, at their discretion, exercise their rights under the warranty or, independently, their rights against the Seller under the warranty.
- Complaints should be submitted in writing or electronically to the Seller's addresses for submitting complaints specified in § 3 of these Terms and Conditions or using the electronic complaint form provided by the Seller on one of the subpages of the Shop.
- It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in relation to the defect in the Product.
- The Seller shall respond to a complaint submitted under the warranty immediately, and if the Customer is a Consumer - no later than within 14 days. If a Customer who is a Consumer has requested a replacement or removal of the defect, or has made a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within fourteen days, the request shall be deemed justified.
- Products returned as part of the complaint procedure should be sent to the following address: HEXELINE Online Store, ul. Aleksandra Puszkina 62/64, 92-516 Łódź.
11 Out-of-court methods of handling complaints and pursuing claims
- Every Customer who is a Consumer has the option of using out-of-court complaint handling and redress procedures.
- The consumer may:
- obtain free assistance in resolving a dispute between the Customer and the Seller by using the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers),
- use the contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: [email protected] or postal address: Pl. Powstańców Warszawy 1, Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes,
- submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ .
- Examples of ways to use out-of-court complaint handling and redress mechanisms include contacting:
- a permanent consumer arbitration court operating at the Trade Inspection Authority with a request to resolve a dispute arising from the concluded Sales Agreement;
- the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable resolution of the dispute between the Customer and the Seller.
12 Personal data in the Online Store
- The Customer's personal data is processed by the Seller as the personal data controller.
- The Seller uses appropriate technical and organisational measures to ensure the protection of the personal data being processed.
- The Customer has the right to access, correct and delete their personal data. Personal data may be corrected or deleted after logging into the Customer's account or, in the case of unregistered Customers, the Customer may modify or delete their data by sending a request to the Seller.
- Additional explanations regarding the protection of personal data are provided in the Privacy Policy.
13 Amendments to the Terms and Conditions
- The Seller reserves the right to amend the Terms and Conditions in the following cases: a change in the legal provisions governing the sale of Products or the provision of services by electronic means by the Seller, affecting the mutual rights and obligations specified in the Service Agreement or Sales Agreement concluded within the Store; an objective need to adapt the Seller's activities to orders, rulings, decisions or guidelines resulting from a decision of a public administration body competent in the field of the Seller's activity or a court ruling applicable to the Seller's activity, affecting the mutual rights and obligations specified in the Service Agreement or Sales Agreement concluded within the Store; a change in the manner of providing services electronically by the Seller caused exclusively by objective technical or technological reasons (in particular, the need to update the Technical Requirements specified in these Terms and Conditions); a change in the scope or rules of the Seller's provision of electronic services to which the provisions of the Terms and Conditions apply, in particular through the introduction of new functionalities (other than the existing functionalities or services covered by the Terms and Conditions and offered to the Customer free of charge);
- In the event of changes to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publishing it on the Store's website and by sending a message to the e-mail address provided by the Customer at least 14 days in advance.
- In the event of a change to the content of the Terms and Conditions on the terms specified above, Customers have the right to terminate the Service Agreement within 14 days of being notified of the change to the Terms and Conditions with appropriate advance notice. A change to the Terms and Conditions does not affect the content and terms of Sales Agreements concluded before the changes to the Terms and Conditions came into force.
14 Final provisions
- The law applicable to the conclusion of the Service Agreement and the Sales Agreement is the law of the Republic of Poland, and the courts are the common courts in the Republic of Poland, unless otherwise provided by mandatory provisions of law. Any disputes between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
- The choice of Polish law under the Terms and Conditions does not deprive the Consumer of the protection granted to them under provisions that cannot be excluded by agreement between the Seller and the Consumer, under the law that would be applicable in the absence of a choice in accordance with the relevant regulations.
- The Seller shall provide technical and organisational measures appropriate to the level of security risk of the services provided under the Service Agreement.
- The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
- The Terms and Conditions are continuously available on the Store's website in a manner that allows them to be obtained, reproduced and recorded by printing or saving them on a medium at any time, and are made available to the Customer after the conclusion of the agreement in a manner that allows access to them in the future.
- In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights, etc.
