Terms and conditions hurtel.pl
TERMS AND CONDITIONS FOR THE
WWW.HURTEL.PL ONLINE SHOP
”Safe Shop”(PL. „Bezpieczny Sklep”)
Certificate issued by the legalniewsieci.pl legal services website
- These Terms and Conditions shall govern all use of the online Shop at www.hurtel.pl by all Users.
- The Terms and Conditions stated herein set forth: the type, scope and conditions of: rendering electronic services through www.hurtel.pl; the conditions of concluding and terminating Electronic Sales and Product Sales Agreements as well as the complaints procedure.
- By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.
- To all matters not settled herein the following provisions of Polish law shall apply:
4.1 Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
4.2 Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
DEFINITIONS FOR THESE TERMS AND CONDITIONS
- REGISTRATION FORM − shall refer to the electronic form available at www.hurtel.pl required for Account registration.
- ORDER FORM – shall refer to the electronic form available at www.hurtel.pl, required for Order placement.
- CONTACT FORM - shall refer to an electronic form available at www.hurtel.pl required for submitting a message to the Service Provider.
- CUSTOMER – shall refer to any User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
- NEWSLETTER - refers to the free e-mail information service available by subscription and allowing Users to receive updates on the Services available on the Website from the Service Provider.
- PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the Shop.
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- SHOP − shall mean the Service Provider’s online Shop located at www.hurtel.pl.
- SELLER, SERVICE PROVIDER – „HURTEL” Sp. z o.o., entered into the Register of Entrepreneurs kept by the District Court for Zielona Góra, 8th Commercial Division of the National Court Register [KRS], KRS Number: 0000409264, , tax identification number NIP: 9731008073, statistical number REGON: 081016920, registered office: ul. Kosztrzyńska 11, 65-127 Zielona Góra, with a share capital of 50. 000 PLN, principal place of business and address for service: ul. Kostrzyńska 11, 65-127 Zielona Góra, email address: firstname.lastname@example.org, email@example.com, telephone number: +48 68 3202121.
- SYSTEM OF REVIEWS - shall refer to an electronic service enabling Customers to evaluate the quality of services and transactions rendered through the Shop.
- SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
- ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.
- USER − shall refer to any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
PRODUCT AND ORDER INFORMATION
- The hurtel.pl online shop conducts retail sales solely to non-Consumer Customers.
- The Seller represents and warrants that all Products are brand new, free and clear of all liens or other encumbrances of any kind and in full compliance with all applicable laws.
- The information provided on the www.hurtel.pl website does not constitute an offer to sell Products or services as defined by applicable law. By placing an order the Customer makes an offer to buy a Product under the terms set forth in the Product description.
- The Product prices at www.hurtel.pl are given in Polish zloty (PLN) or Euro (EUR) and are netto prices without any Value Added Tax (VAT). The prices do not include delivery fees.
- The Product prices at www.hurtel.pl can be subject to change after the Customer has placed an Order.
- Customers may place Orders:
6.1 through the website 24 hours a day, 365 days a year by completing an Order Form at www.hurtel.pl.
6.2 via email at: firstname.lastname@example.org, email@example.com,
6.3 by telephone: 683 202 121.
- The Customer is required to register an Account to place an Order.
- Customers are required to read and acknowledge these Terms and Conditions during order placement.
- Orders are processed between: 08:00 and 17:00, Monday to Thursday. Orders placed after 15:00 on a Saturday, Sunday or a public holiday shall be processed the next Working Day.
- Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
CONCLUDING SALES AGREEMENTS
- In order to conclude a Sales Agreement, the Customer must place an Order through one of the methods made available by the Seller and in accordance with the rules set forth under § 3 points 6 and 8.
- After placing a purchase Order, the Customer immediately receives an Order confirmation email from the Seller, which indicates that Order processing has been initiated.
- Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation is sent to the Customer via email.
- After receiving the confirmation email, as set forth under point 2, the Sales Agreement between the Customer and the Seller is finally concluded.
- Each Sales Agreement shall be confirmed by a proof of purchase (a VAT invoice).
- The User agrees to receive electronic VAT invoices from the Seller in accordance with the requirements set forth in the Act on VAT (Dz. U. 204, No. 54, item 535, as amended).
METHODS OF PAYMENT
- The following payment options are made available to the Customer:
1.1 traditional bank transfer to the Seller’s bank account,
1.2 cash on delivery (COD),
1.3 electronic payment (Przelewy24.pl, PayPal),
1.4 trade credit payments.
- Traditional bank transfers should be made into the following bank account: 74 1050 1911 1000 0090 3103 3377 (ING Bank Śląski S.A.), “HURTEL” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP: 9731008073, ul. Kostrzyńska 11, 65-127 Zielona Góra. The Customer should enter the following in the payment title: “Order no. …..”.
- In the case of traditional bank transfers in Euro, payments should be made into the following bank account: PL74 1050 1911 1000 0090 3103 3377 (ING Bank Śląski S.A), “HURTEL” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP: 9731008073, ul. Kostrzyńska 11, 65-127 Zielona Góra. The Customer should enter the following in the payment title: “Order no. …”.
- In the case of cash on delivery payment the Order is dispatched as soon as the Customer’s delivery address has been verified.
- All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks.
- The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 7 Working Days of its conclusion unless indicated otherwise in the Sales Agreement.
- If the Customer chooses one of the delivery methods set forth under point 1.1. or 1.3. the Product shall be dispatched only after full payment is received by the Seller.
- The Seller may limit the scope of payment methods made available to the non-Consumer Customer as well as demand full or partial payment in advance regardless of the payment method chosen by the non-Consumer Customer and the fact that the Sales Agreement has been concluded.
DELIVERY COST, TIME AND METHOD
- Delivery charges shall be stated at the time of ordering and are dependent upon the payment and delivery method chosen.
- The delivery time depends on how long it takes the Seller to process an Order and how long it takes the carrier to deliver the Product to the Customer once it is shipped.
2.1. The Order processing time takes 1 Working Day.
2.2. The Order processing time for special Orders takes from 2 up to 18 Working Days or individual period of time agreed on with Customer.
2.3. According to the standard delivery time stated by the carrier the Product delivery for Orders within Poland takes 1-6 Working Days, whereas for Orders shipped outside Poland 2-6 Working Days (deliveries are made on Working Days, excluding Saturday, Sunday and public holidays).
- All Products are sent vvia Poczta Polska (Polish Postal Service) or a courier company (DPD, UPS, InPost).
- The risks and rewards of ownership including but not limited to risk of loss of or damage to a Product shall pass to the non-Consumer Customer on shipment of the Product from the Seller. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.
- Non-Consumer Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the non-Consumer Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.
- Guarantee process:
1.1. All Products sold through the Shop are covered under the Seller’s guarantee which is applicable within the territory of the Republic of Poland.
1.2. The guarantee period is 12 months or 6 months from the date of delivery.
1.3. A proof of purchase (VAT invoice) is required to validate any guarantee claims.
1.4. Notice of a Product defect and all guarantee claims should be submitted via email to the following address: firstname.lastname@example.org, email@example.com or in writing to the following address: ul. Kostrzyńska 11, 65-127 Zielona Góra.
1.5. All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
1.6. Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: ul. Kostrzyńska 11, 65-127 Zielona Góra.
1.7. All Customer claims shall be resolved promptly and in any event no later than within 14 days following the date of receipt. A response to the claim shall be sent by email or other preferred method of contact indicated by the Customer.
RIGHT TO WITHDRAW
- The Seller has the right to withdraw from a Sales Agreement concluded with a non-Consumer Customer within 14 days of its conclusion without giving any reason for the withdrawal and without incurring any liability towards the non-Consumer Customer.
- In the case of withdrawal from a Seles Agreement, the agreement is considered null and void. In case of a withdrawal from the Agreement, any property traded in, any payments made and any Products delivered under the Sales Agreement shall be returned without delay, and in any event not later than in 14 days, complete and unaltered, save for any changes necessary in the normal course of business.
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
1.1. concluding Product Sales Agreements
1.2. managing online Account,
1.3. using Newsletter,
1.4 using the System of Reviews.
- These Terms and Conditions shall apply to all Electronic Services provided through www.hurtel.pl.
- The Service Provider reserves the right to display advertising content at www.hurtel.pl. Advertisements are an integral part of the online Shop front and the materials presented therein.
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth under § 9 point 1 of these Terms and Conditions are free of charge.
- Term of the agreement:
2.1 Electronic Services Agreements relating to the Account management service are concluded for an indefinite period of time.
2.2. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
2.3. Electronic Services Agreement for using the Newsletter is concluded for an indefinite period of time.
2.4. Electronic Services Agreement providing the User access to the System of Reviews is concluded for a definite period of time and terminates when the User submits a review or ceases to use the service.
2.5. Electronic Services Agreement for the use of the Contact Form is concluded for a definite period of time and terminates when the User sends a message or ceases to use the service.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
3.1. a computer with an active Internet connection,
3.2. email account,
3.3. Internet browser,
- The User agrees to use the online Shop in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
- The User is obliged to provide accurate and complete information to the Service Provider.
- User is prohibited from providing any unlawful or illegal content.
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints about Electronic Services provided via www.hurtel.pl should be submitted via email to firstname.lastname@example.org.
- All complaints should contain sufficient detail about the matter that is at issue. Specifically, complaints should include circumstances, the nature of the complaint, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
- All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Terminating an Electronic Services Agreement:
1.1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account management agreement) may be terminated.
1.2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: email@example.com, firstname.lastname@example.org
1.3. The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
1.4. The Seller may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the non-Consumer User.
1.5. The notice of termination leads to a cessation of legal relations with the effect for the future.
- The Electronic Services agreement may be terminated at any time by mutual agreement of the parties.
- The compilation of all content at www.hurtel.pl (with the exception of § 13 point 3 as well as the elements used under a license) is the exclusive property of “HURTEL” Sp. z o.o., KRS: 0000409264, NIP: 9731008073, REGON: 081016920, registered office: ul. Kostrzyńska 11, 65-127 Zielona Góra, principal place of business and address for service: ul. Kostrzyńska 11, 65-127 Zielona Góra. The User shall bear all liability for damages resulting from their use of the content of the website www.hurtel.pl without the consent of the Service Provider.
- Any use or reproduction of the content of the website www.hurtel.pl or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
- All trade names, Product names, company names or logos mentioned on www.hurtel.pl may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the www.hurtel.pl website are for information purposes only.
- Agreements concluded through the Shop are construed in accordance with the laws of Poland.
- Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
- Any disputes arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.
- Judicial dispute settlement procedures:
4.1. Any disputes arising between the Service Provider and the consumer User shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
4.2. Any disputes arising between the Service Provider and the non-consumer User shall be settled by the court having jurisdiction over the Service Provider’s registered office.
- Consumers may use Alternative Dispute Resolution schemes, in particular by submitting a complaint through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.