§ 1 Preliminary provisions
- The online store Hulaj MARKET, available at the website https://hulaj.market, is operated by Majsterkowo Łukasz Więcek, located in Zielona Góra, VAT ID: 929-176-00-15, REGON: 081164974.
- This Regulation is addressed to both Consumers and Entrepreneurs using the Store and specifies the rules for using the online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.
§ 2 Definitions
- Consumer - a natural person entering into an agreement with the Seller within the Store, the subject matter of which is not directly related to their business or professional activity.
- Seller - Passion Factory Foundation with its registered office in Zielona Góra at ul. Wyczółkowskiego 79, postal code 65-140, registered in the National Court Register by the District Court in Zielona Góra, VIII Economic Division of the National Court Register under the KRS number 0000542392, VAT ID 929-186-43-58, REGON 36072678400000.
- Customer - any entity making purchases through the Store.
- Entrepreneur - a natural person, legal person, or unincorporated entity not having legal personality, to whom a separate law grants legal capacity, conducting business activity on their own behalf, using the Store.
- Store - an online store operated by the Seller at the website https://hulaj.market.
- Distance Agreement - an agreement concluded with the Customer within the organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, using one or more means of remote communication until the conclusion of the contract.
- Regulation - these Store rules.
- Order - the Customer's declaration of intent submitted via the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
- Account - the customer's account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are stored.
- Registration Form - a form available in the Store enabling the creation of an Account.
- Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
- Cart - a Store software component where selected Products for purchase are visible, and where there is the possibility of specifying and modifying Order data, in particular the quantity of products.
- Product - a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement - a product sales agreement concluded or to be concluded between the Customer and the Seller through the online Store. The Sales Agreement also includes, with respect to the characteristics of the Product, a service contract and a work contract.
§ 3 Contact with the Store
- Seller's Address: 79 Wyczółkowskiego Street, 65-140 Zielona Góra, Poland,
- Seller's Email Address: firstname.lastname@example.org,
- Seller's Bank Account Number: 20 1140 2004 0000 3602 7552 9276
- The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
§ 4 Technical Requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
- An end device with access to the Internet and a web browser,
- An active email account,
- Enabled support for cookies.
§ 5 General Information
- The Seller, to the widest extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or the incompatibility of the online Store with the Customer's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. Placing orders for Products available in the Store is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing necessary personal and address data enabling the execution of the Order without creating an Account.
- Prices listed in the Store are in Polish Zloty and are gross prices (including VAT).
- The final amount payable by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery, and postal services), which the Customer is informed about on the Store's pages during the Order placement, also at the moment of expressing the will to be bound by the Sales Agreement.
- In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (ultimate) price is the total price covering all payments for the settlement period.
- When the nature of the subject of the Agreement does not allow, reasonably assessed, for the prior calculation of the final (ultimate) price, information on how the price will be calculated, as well as on fees for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.
§ 6 Creating an Account in the Store
- To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: First name and last name, email address, correspondence address.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by providing the login and password established in the Registration Form.
- The Customer has the option to delete the Account at any time, without giving a reason and without incurring any fees, by sending a relevant request to the Seller, especially via email or in writing to the addresses provided in § 3.
§ 7 Order Placement Rules
To place an Order, you should:
- Log in to the Store (optional);
- Select the Product that is the subject of the Order, then click the "Add to Cart" button (or equivalent);
- Log in or choose the option to place an Order without registration;
- If the option to place an Order without registration is chosen - fill out the Order Form by entering the recipient's data and the address for the Product delivery, select the type of shipment (method of Product delivery), enter invoice details if different from the recipient's data,
- Click the "Order and Pay" button and confirm the order by clicking the link sent in the email,
- Choose one of the available payment methods and, depending on the payment method, make the payment within the specified period, subject to § 8 point 3.
§ 8 Offered Delivery and Payment Methods
- The Customer can use the following methods of delivery or pickup of the ordered Product:
- Shipment via Paczkomat,
- Courier delivery,
- Personal pickup available at the address: ul. Wyczółkowskiego 79, 65-140 Zielona Góra,
2. The Customer can use the following payment methods:
- Payment on delivery,
- Bank transfer payment to the Seller's account,
- Electronic payments,
- Credit card payment.
3. Detailed information about the methods of delivery and accepted payment methods can be found on the Store's pages.
§ 9 Execution of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer submits an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the Order receipt and its acceptance for execution is done by the Seller sending a relevant email message to the email address provided by the Customer during the Order placement, which contains at least statements by the Seller about receiving the Order and accepting it for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receiving the aforementioned email message by the Customer, the Sales Agreement is concluded between the Customer and the Seller.
- In case of choosing by the Customer:
- bank transfer payment, electronic payments, or credit card payment, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Agreement - otherwise, the order will be canceled.
- cash payment upon personal receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment within 7 days from the day of receiving the information about the readiness of the shipment for pickup.
- If the Customer chooses a method of delivery other than personal pickup, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer during the Order placement.
- In the case of ordering Products with different delivery times, the delivery time is the longest one specified.
- the case of ordering Products with different delivery times, the Customer has the option to request delivery in parts or delivery of all Products after completing the entire order.
- The start of the delivery period of the Product to the Customer is calculated as follows:
- In the case of the Customer choosing the bank transfer payment, electronic payments, or credit card payment method - from the day of crediting the Seller's bank account.
- In the case of the Customer choosing cash payment upon personal receipt - from the day of concluding the Sales Agreement.
- The delivery of the Product is carried out only within the territory of Poland.
- the delivery of the Product to the Customer is free of charge, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery, and postal service fees) are indicated to the Customer on the online Store's pages in the "Delivery Costs" tab and during the Order placement, also at the moment of the Customer expressing the will to be bound by the Sales Agreement.
- Personal pickup of the Product by the Customer is free of charge.
§ 10 Right of Withdrawal from the Agreement
- The Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
- The deadline for withdrawal specified in paragraph 1 starts from the date of delivery of the Product to the Consumer or to a person indicated by them other than the carrier.
- In the case of an Agreement that covers multiple Products delivered separately, in batches or in parts, the deadline specified in paragraph 1 runs from the delivery of the last item, batch, or part.
- In the case of an Agreement involving regular delivery of Products for a specified period (subscription), the deadline specified in paragraph 1 runs from the possession of the first item.
- The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the expiration of this deadline.
- The statement can be sent by traditional mail, fax, or electronically by sending the statement to the Seller's email address or by submitting the statement on the Seller's website - the Seller's contact details have been specified in § 3. The statement can also be submitted on the form, the template of which constitutes attachment no. 1 to this Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but this is not obligatory.
- In the event of sending the statement electronically, the Seller will immediately send the Consumer a confirmation of receiving the statement of withdrawal from the Agreement to the email address provided by the Consumer.
- Consequences of Withdrawal from the Agreement:
1. In the event of withdrawal from a distance Agreement, the Agreement is considered not to have been concluded.
2. In the event of withdrawal from the Agreement, the Seller shall promptly, no later than within 14 days from the date of receiving the Consumer's statement of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the item, except for the additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
3. The Seller will make the refund using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer expressly agrees to a different solution that will not involve any costs for them.
4. The Seller may withhold the refund until receiving the Product back or until providing proof of its return, depending on which event occurs first.
5. The Consumer should return the Product to the Seller's address provided in this Regulations immediately, no later than 14 days from the day they informed the Seller of the withdrawal from the Agreement. The deadline will be deemed met if the Consumer sends back the Product before the expiration of the 14-day period.
6. The Consumer bears 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 mail.
7. The Consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to determine the nature, characteristics, and functioning of the Product.
- In the case where, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the description of the Product in the Store.
- The right to withdraw from a distance Agreement does not apply to the Consumer in relation to the Agreement:
- in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs,
- in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for reasons of health protection or hygiene, if the packaging was opened after delivery,
- in which the subject of the performance is an item liable to deteriorate rapidly or having a short shelf-life,
- for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the fulfillment of the service by the Seller, they will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on financial market fluctuations over which the Seller has no control, and which may occur before the withdrawal period,
- in which the subject of the performance is items that, after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the performance is alcoholic beverages, the price of which was agreed at the time of the sale agreement and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,in which the subject of the performance is sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery,
- for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements,
- for the delivery of digital content that is not stored on a tangible medium, if the performance of the service commenced with the explicit consent of the Consumer before the expiration of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the Agreement.
§ 11 Complaints and Warranty
- The Sales Agreement covers new Products.
- The Seller is obliged to provide the Customer with a defect-free item.
- In the event of a defect in the item purchased from the Seller, the Customer has the right to lodge a complaint based on the provisions regarding warranty in the civil code. If the Customer is a Business, the parties exclude liability under the warranty.
- A complaint should be submitted in writing or electronically to the addresses of the Seller provided in this Regulations.
- It is recommended to include in the complaint, among others, a concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request related to the defect of the item.
- The Seller will respond to the complaint promptly, no later than within 14 days, and if they do not do so within this period, it is considered that the Customer's request has been considered justified.
- Goods sent as part of the complaint procedure should be sent to the address provided in § 3 of this Regulations.
- In the case where a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 12 Out-of-Court Complaint Handling and Claims Enforcement
- Detailed information regarding the Consumer's possibility to use out-of-court complaint handling and claims enforcement methods, as well as the rules of access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: https://uokik.gov.pl/consumer_protection_in_poland.php
- The Consumer has the following exemplary possibilities to use out-of-court complaint handling and claims enforcement:
- The Consumer is entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle the dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the Voivodship Inspector of Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for amicable resolution of the dispute between the Consumer and the Seller.
- The Consumer can obtain free assistance in the resolution of the dispute between them and the Seller, also by using the free assistance of the district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumers' Federation, Polish Consumers' Association).
§ 13 Personal Data in the Online Store
- The administrator of the personal data of Customers collected through the Online Store is the Seller.
- The personal data of Customers collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer gives their consent - also for marketing purposes.
- Recipients of the personal data of Customers of the Online Store may be:
- In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary executing shipments on behalf of the Administrator.
- In the case of a Customer who uses electronic payments or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
- The Customer has the right to access their data and correct it.
- Providing personal data is voluntary, but not providing the personal data specified in the Regulations, necessary to conclude the Sales Agreement, results in the inability to conclude this agreement.
§ 14 Final Provisions
- Agreements concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for valid reasons, i.e., changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not regulated in these Regulations, 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, the Act on personal data protection.
- The Customer has the right to use out-of-court methods of complaint handling and claims enforcement. To do so, they can submit a complaint through the European ODR platform available at: http://ec.europa.eu/consumers/odr/.