Terms and Conditions of the online shop applicable from 22.05.2020
These Terms and Conditions and applicable to contracts concluded via the website harevis.com
The online shop is available at harevis.com and is administered by the company Maltyoox sp. z o.o. with registered office in Poland ul. Karliczka 25/67, 40-489 Katowice phone number: +48 690 043 877, e-mail address: [email protected], Tax ID (NIP): 9542814927, National Business Registry Number (REGON): 386115959, registered in the Central Registration and Information on Business database, administered by the competent minister for economy.
- Consumer — a natural person entering into legal transaction with online shop.
- Seller– the company Maltyoox sp. z o. o. with registered office in Poland, ul. Karliczka 25/67 40-489 Katowice, phone number: +48 690 043 877, e-mail address: [email protected], Tax ID (NIP): 9542814927, National Business Registry Number (REGON): 386115959.
- Customer – each consumer, legal entity, or an organisational unit without legal personality, utilising the services of the online shop.
- Entrepreneur – a natural person conducting a business activity utilising the services provided electronically by the Seller,
- Shop — the Seller’s online shop, available at https://www.harevis.com/
- Distance contract – a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Online Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication to at the time of conclusion of the contract inclusive.
- Regulations – these Online Store terms and conditions.
- Order – Customer’s declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller.
- Order form – an interactive form available in the Online Store that allows placing 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.
- Shopping Cart – an element of the Online Store software in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products
- Product / Good – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – Product sales agreement concluded between the Customer and the Seller via the Online Store.
- Business day – a business day is every day from Monday to Friday, excluding holidays specified in the Act of 18 January 1951 on holidays (Journal of Laws 1951 No. 4 item 28 as amended).
Contact with the Shop
Seller’s address: Maltyoox sp. z o. o. z siedzibą przy ul. Karliczka 25/67, 40-489 Katowice
- e-mail address of the Seller: [email protected]m
- Seller’s phone number: +48 690 043 877
- Seller’s bank account number: IBAN PL74 1140 2004 0000 3302 8003 5265 BIC/SWIFT: BREXPLPWMBK
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may contact the Seller by phone between 2pm-6pm (POLISH TIME) on business days.
- The costs of telephone connections with the Seller result from the tariff of charges as for a regular connection, in accordance with the tariff package of the telecommunications operator used by the Customer.
To use the Online Store, including viewing the Store’s assortment and placing orders for Products, you need:
- Device with access to the Internet and any web browser that supports the UFT-8 code page (and possibly style sheets so that the online store portal will look transparent); no additional extensions or plugins are required.
- active e-mail account (e-mail),
- cookies enabled.
- The Regulations set out the rules for making sales by the Seller via the online store, in particular the rules for placing orders, payments, withdrawal from the contract, termination or amendment of the contract, complaint procedure.
- The condition for the sale of Goods or Services by the Seller is the acceptance by the Consumer of these Regulations.
- Orders can be placed 7 days a week and 24 hours a day.
- The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions including interruptions in the functioning of the Store due to force majeure, unauthorized actions of third parties or incompatibility of the Online Store with technical infrastructure
- Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data enabling the Order to be completed.
- Prices given in the Store are given in Polish zlotys or in other currencies (depending on the language option selected) and are gross prices.
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including when expressing the will to be bound by a Sales Agreement.
The rules for submitting orders
In order to place an Order:
- select the Product which is the subject of the Order, and then click the “Add to cart” button
- complete the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data if the “invoice” option is selected,
- choose one of the available payment methods and depending on the chosen payment method, pay for the order and click “Place order”
- An order is considered to be placed if the form includes all the data enabling the correct identification of the order and the consumer, including the contact telephone number and e-mail address.
- Each order placed is given a unique order number that allows the order and customer to be identified.
- The customer confirms the purchase by pressing the “Place order” button on the online store’s website.
- The Seller confirms acceptance of the order by sending information to the e-mail address provided by the Customer.
- The conclusion of the contract for the sale of Goods or the contract for the provision of Services occurs when you press the button on the website of the online store: “Place order”.
Delivery and payment methods offered
- The Customer may use the following methods of delivery or collection of the ordered Product:
a) courier DPD
- As part of the online store, PayPal and online payments are available – electronic transfer or payment card, supported by the TPay electronic banking system, operated by Krajowy Integrator Płatności S.A. in Poznan 61-808 Poznań ul. St. Marcin 73/6, entered into the Register of Entrepreneurs of the National Court Register under number KRS 412357.
- On-line payments made by electronic transfer or by payment card are made immediately.
- The Customer may not combine different payment methods by making payment for purchased Goods covered by one order.
- The cost of shipments abroad of a Good having physical form is calculated in the basket based on the weight and country of delivery.
- Delivery of the Goods in electronic form and provision of the Service shall not involve delivery costs.
Performance of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt by sending an email and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided during the submission of the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
- The product will be sent by the Seller within the time specified in its description, in the manner chosen by the Customer when placing the Order.
- When ordering Products with different delivery dates, the delivery date is the longest given date.
- The beginning of the delivery period for the Product to the Customer, if the Customer chooses the method of payment by electronic payment or payment card – counts from the date of crediting the Seller’s bank account.
- Product delivery takes place in Poland, European Union countries and countries outside the European Union
- Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer when placing the Order.
- The Seller carries out placed Orders:
a) within seven (7) days from the date of submission and payment of the Order (the Seller will make every effort to ensure that the Customer’s order is completed within 3 business days from the date of placing the order. However, the maximum term of the Order shall not exceed 7 business days unless longer time of delivery is indicated when placing the Order) b) on the dates specified in the offer, after payment
c) on the dates individually agreed with the Customer, after payment – in the case of a product for a special order.
- The seller delivers the ordered goods in the manner indicated on the order form.
- If it is impossible to complete the order in a timely manner, in the absence of the Good or in the absence of the quantity of the ordered Good, the Seller shall notify the customer by e-mail about it, not later than within seven days from the date of placing the Order, proposing a different date of implementation or execution of part of the Order.
- The Customer may not accept the proposed new deadline for completing the Order, as well as the proposed implementation of part of the Order, in which case the Seller shall return the entire price received within three days of not accepting the new Order completion date or not accepting the execution of part of the Order, and the customer shall not raise any claims against the Seller. due to non-implementation of the Order.
- If the “Courier DPD” delivery option has been selected in the form, the delivery of the ordered goods will be made via a carrier providing courier services in Poland and abroad.
- The deadline for delivery of Goods in Poland via courier is a maximum of three (3) business days.
- Waiting time for delivery on the territory of European Union (starting from the moment the package is handed over to the courier (Monday to Friday)) depends on delivery address, although it should not be longer than 10 days. Outside a territory of European Union, waiting time is longer and depends on delivery address, although it should not be longer than 30 days., If delivery address is located outside the territory of EU, The Buyer is going to be informed individually about delivery time, after accepting his order.
- In the case of providing incorrect or inaccurate data, in particular an incorrect or inaccurate address, the Seller shall not be liable for non-delivery or delay in delivery of the Goods.
- The seller is obliged to deliver goods free from physical and legal defects.
- The seller does not provide after-sales services and guarantees.
- The place of fulfillment of the service resulting from the sales contract concluded by the Customer with the Seller is the place to which the Seller, in accordance with the Order placed by the Customer, is obliged to deliver the purchased Goods.
Right of withdrawal
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The time limit specified in para. 1 begins with the delivery of the Product to the Consumer.
- In the case of a Contract that covers many Products that are delivered separately, in batches or in parts, the deadline indicated in paragraph 1 runs from the delivery of the last item, batch or part.
- The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the seller. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
- The statement can be sent via traditional mail by sending a statement to the address of the Seller – the contact details of the Seller are set out in § 3. The statement can be made on the form, which is an example of Annex 1 to these Regulations and the Annex to the Act of 30 May 2014 on consumer rights, however, it is not mandatory.
- Consequences of withdrawal from the Agreement:
a) In the event of withdrawal from a Contract concluded remotely, the Contract shall be considered null and void.
b) In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, payments made by him, excluding the costs of deliver.
c) The Seller shall refund the payment using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him. d) The Seller may withhold reimbursement until receipt of the Product or until proof of its return is provided to him, whichever occurs first.
e) The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
f) The consumer bears the direct cost of returning the Product. g) The consumer is only responsible for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement referred to in Article 38 of the Act on Consumer Rights.
Complaint and warranty
- The seller is obliged to provide the customer with a product free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.
- Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
- It is recommended that the complaint include concise description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods and once the Customer’s bank account number, to which, if the complaint regarding the physical or legal defects of the Subject of the Order is accepted, the Seller shall refund the price and delivery costs. Download form template complaint.
- Goods sent under the complaint procedure should be sent to the following address: Maltyoox sp. z o. o. ul. Karliczka 25/67, 40-489 Katowice, Poland
- Complaints may be submitted in writing or electronically.
- If the complaint regarding physical or legal defects is accepted, the customer will return the defective Goods to the Seller at the expense of the Seller. In this case, the Seller will provide a new Good free of defects, and when it becomes impossible to deliver new Good, the price will be refunded.
- The deadline for consideration of the complaint, in the event of a request to replace or remove a defect or a price reduction with the determination of the amount of reduction, is fourteen (14) calendar days from the date of its submission to the Seller. If the Seller does not consider the complaint within this period, it is considered that the complaint was accepted.
- The seller considers complaints by e-mail sent to the complainer’s e-mail address.
- Before receiving a parcel from a courier, the Customer should check whether the packaging in which the purchased Good has been delivered has not been damaged in transport. If the packaging of the parcel bears signs of damage, do not accept the parcel and make a damage report in the presence of the courier and contact the Seller as soon as possible to clarify the matter.
- The Seller is responsible for delivering the Good in good condition, undamaged, without defects. The risk of accidental loss or damage of purchased Goods passes to the Customer upon its delivery to the Customer.
- The seller is liable to the customer under the warranty for physical and legal defects on the principles set out in art. 556-576 of the Act of April 23, 1964, the Polish Civil Code (Journal of Laws of 2014, item 121, as amended).
- The Seller makes no warranty to the Customer for the Goods he purchased in the Online Store. The Goods purchased by the Customer in the Online Store are also not guaranteed by their producers
- Unless the Customer indicates otherwise, the Seller accepts the presumption that he is a Consumer and will consider his complaint in accordance with the rules applicable to Consumers
- The Customer is obliged to comply with the rules of use provided with the Goods if given.
Out-of-court complaint and redress methods
- The consumer may also utilise out-of-court complaint and redress mechanisms. In order to undertake an amicable resolution regarding any disputes relating to online shopping, the Consumer may file their complaint via the European Union’s ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/.
- Should an amicable resolution, including mediation, not be possible, the conflict shall be resolved by the relevant court as per the provisions of the Polish law.
Personal data and cookies in the Online Store
- The administrator of personal data of Customers collected through the Online Store is the Seller. The processing of Customers’ personal data takes place in accordance with the processing to which the Customer is provided, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (“GDPR” or “General Data Protection Regulation”)
- Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- The recipients of personal data of the Online Store customers may be:
a) In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s personal data collected to the selected carrier or intermediary performing the shipment on behalf of the Administrator.
b) In the case of a Customer who uses the Store from the electronic payment method or by payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
- The customer has the right to access their data, correct them, request rectification or deletion, the right to limit data processing and the right to lodge a complaint to the supervisory authority.
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
- Cookies are used with the consent of the client and consent is expressed by enabling the appropriate option in the web browser that the client is currently using.
- The customer may at any time disable the option in the web browser that allows you to use the functionality of cookies.
- Agreements concluded through the Online Store are concluded in Polish for the Polish version of the website. With the English version of the site are held in English.
- The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in the method of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, GDPR.
- All Goods made available in the Online Store are free from physical and legal defects and have been introduced to the Polish market in accordance with applicable law.
- The online store reserves the right to verify customer data by phone or email. The online store reserves the right to refuse to conclude a sales contract if it is not possible to contact the customer or the data provided by him prove to be false or outdated. By the inability to contact the Customer is understood as not responding within 7 days from the date of sending him an email to his email address or SMS to the phone number provided by him.
- The Regulations enter into force on May 22, 2020.
-Withdrawal form – download template pdf
The document was prepared in accordance with the specimen attached to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827) http://www.prawakonsumenta.uokik.gov.pl/pliki/Ustawa_o_prawach_konsumenta.pdf u> em>