Terms and conditions
ONLINE SHOP – TERMS AND CONDITIONS
I. GENERAL PROVISIONS
1) These Terms and Conditions set forth the rules of using the Shop – operated by the Seller – by the Users, including the Buyers.
2) The Terms and Conditions are available on the Shop's website at all times so that the User may access, reproduce and save their contents.
The following terms shall have the following respective meaning:
1) Seller – Huncwot Sp. z o.o. with registered office in Warsaw (02-067), at ul. Rudawska 2/2, which sells products via the Shop within its business activity;
2) Shop – a collection of sites and IT tools (Website) operated by the Seller and enabling the Users to enter into sale contracts, available at: (www.niedenthal.org);
3) Buyer – the User who has entered into a contract of sale in the Shop;
4) Contract of Sale – a contract concluded in the Shop pursuant to the provisions hereof by
and between the Seller and the Buyer, whose object is the sale of an item to the Buyer;
5) Contract – shall include the Contract of Sale;
6) Terms and Conditions – the present Terms and Conditions of the Shop;
7) Materials – information available on the Shop's websites, including names, descriptions, pictures and graphic illustrations of the products, designation of the products' manufacturers;
8) User – an Internet user who uses the Shop and buys or intends to buy the products
offered by the Seller in the Shop.
9) PayU – PayU S.A. with registered office in Poznan? (60-166 Poznan?, ul. Grunwaldzka 182, entered into the register of entrepreneurs kept by the District Court Poznan? – Nowe Miasto and Wilda in Poznan?, 8th Economic Division of the National Court Register under number KRS 0000274399, having share capital of PLN 4,000,000 fully paid, with NIP: 7792308495 and REGON 300523444.
10) PayPal – PayPal (Europe) S.à r.l. & Cie, S.C.A. (“PayPal Europe”) 22–24 Boulevard Royal L-2449, Luxembourg.
1) The User who is an individual may use the Shop provided that he/she has full capacity for acts in law.
2) The User who is not an individual may use the Shop through the agency of persons authorized to act on such User's behalf, subject to the provisions of point
3) For legal persons and entities not having legal personality, any actions in the Shop for such person or entity may be carried out only by a person authorized to perform on behalf of such person/entity any and all acts related to the use of the Shop and to exercise any rights and obligations arising for such person/entity as a User (including as a Buyer).
4) The User may use the Shop on any Internet-connected device (computer, phone) with the use of an Internet browser.
5) Unless the applicable provisions of law stipulate otherwise, the Seller shall not be held liable for any losses arising from the User giving false, invalid or incomplete data in the form referred to in section IV point 3 or from the User's failure to comply with these Terms and Conditions. Data given by the User shall not infringe any applicable laws or any third party's personal goods or rights.
6) The User may not use the Seller's name, the Shop's logo, the Materials or any other components of the Shop (including graphic elements of the Shop and the Shop's layout), unless the use of the items protected by copyrights and industrial property rights referred to herein is possible upon express, written consent of the Seller or authorized third parties (including the products' manufacturers or distributors). The Seller hereby represents to have the right to the Shop's concept i.e. the entire functional solutions and visual elements. The User may not take any actions aiming to reconstruct the Shop, in particular on the Internet sites and domains linked to the User.
7) The Users may use the Shop, including entering into Contracts, without registration.
8) Subject to the other provisions hereof, the Contract of Sale may be concluded upon the fulfilment of all of the below listed conditions:
a) the on-line form available on the Shop's website is correctly completed with all the required data;
b) the Terms and Conditions are accepted.
9) The Seller may request that the User authenticate his/her data by sending required documents or additional information to the Seller, only for the purpose and in the scope necessary to properly conclude and execute the Contract of Sale.
IV. PLACING ORDERS AND CONCLUDING THE CONTRACT
1) The User may place orders in the Shop 24/7/365, subject to the other provisions hereof, in particular the provisions regarding maintenance breaks.
2) Before placing an order, the User adds the selected product he/she wishes to buy to the virtual basket. The virtual basket is a tool that enables the User to aggregate selected products before the purchase, to calculate their value and the costs of delivery. When selecting the products, the User may freely manage the items in the basket by adding more products or removing them.
3) After the final selection of the products to be purchased, the User is directed to an on-line form for placing orders in the Shop. The form shall define:
a) the User's personal details, including the address;
b) delivery address;
c) form of delivery;
d) method of payment for the products.
4) The order placed by the User constitutes an offer, within the meaning of the Polish Civil Code, made by the User to the Seller. Immediately after the order has been placed, the User receives from the Seller, to the e-mail address given by the User at the order placing, an automatic answer that the order has been received, the order number, and the information that the order is being processed by the Seller in order to verify whether the order and its details are correct and whether the order is possible to complete. If the Seller finds that the order has been incorrectly placed or if it is impossible to complete the order, the Seller shall notify the User thereof.
5) If the Seller finds that the order has been placed correctly, that its details are correct and that it is possible to complete the order, the Seller shall immediately, no later than within 48 hours of the order placing (and during public holidays no later than within 72 hours of the order placing), send to the User’s e-mail address given at the order placing all the details concerning the acceptance of the order. Apart from the information already given by the Seller in the automatic answer (i.e. the User's personal details, including his/her address, delivery address and form of delivery, and method of payment), the details concerning the order shall include: the type, name and quantity of products to be purchased, their price, cost of delivery, and order completion date, including delivery date.
6) If the Buyer pays for the products purchased in the Shop by bank transfer, the Seller shall deliver the product provided that full payment (i.e. purchase price and delivery costs) has been credited to the Seller's bank account.
V. PAYMENT OF THE PRICE
The Buyer shall pay for the products purchased in the Shop (the price and delivery costs) in a form selected by the User at the order placing, with regard to the methods of payment offered by the Seller. The Shop offers two methods (options) of payment: by bank transfer to the Seller's bank account with the use of payment tools available at the Shop, i.e. PayU or PayPal, or direct bank transfer to the Seller's bank account provided in the order form referred to in point IV.3 above.
All prices in the Shop are gross prices and include a value-added tax (VAT) at the rate specified in the separate applicable provisions of law. The costs of delivery of the products to the User are given separately.
The User makes the purchase at the prices and with the delivery costs applicable from time to time. Delivery costs depend on the form of delivery selected by the User.
The Seller reserves the rights to change the prices and delivery costs, in particular in the case when the entities providing the delivery change their price lists. The above clause does not apply to the orders which are already being processed, i.e. when the Contract of Sale has been already concluded pursuant to section IV hereof, and – in the case when the Buyer pays for the products purchased in the Shop by a bank transfer – when the full payment of the price has been already credited to the Seller's bank account.
1) The products shall be delivered to the address given by the Buyer, subject to the other provisions hereof.
2) If the Seller cannot fulfil the obligation due to unavailability of the product, the Seller shall notify the Buyer thereof immediately, no later however than within thirty days of the conclusion of the Contract, and shall refund all the amounts received from the Buyer, if any.
3) If the Seller cannot fulfil the obligation (complete the order) having individual features as ordered by the Buyer because it is temporary impossible to perform, the Seller may – upon the Buyer's consent– deliver a substitute performance of the same quality and purpose and at the same price, or otherwise as agreed between the parties.
4) The Seller shall not be held liable for the default in delivery due to reasons attributable to the Buyer – e.g. if the Buyer gave improper delivery address. Should that be the case, the Seller shall allow the Buyer to collect the products at a designated place, such as the Seller's registered office, unless the parties agree another way of transferring the products to the Buyer.
1) Personal data of the Users who are individuals (including individuals running their own businesses) shall be processed by the Seller as the administrator of the personal data for the purpose of providing the Seller's services via the Shop, and for the marketing purposes related to the operation of the Shop, including those related to the goods and services presented in the Shop. As regards personal data of the Users who purchase products or services in the Shop using their access data from PayU or PayPal, the Seller receives such data from PayU or PayPal upon the Users' consent and in the scope necessary for the above mentioned purposes. The collected data are processed pursuant to the Personal Data Protection Act of 29 August 1997 and E-services Act of 18 July 2002. The User provides his personal data voluntarily.
2) The User's personal data may be disclosed to the entities authorized to receive such data under the applicable provisions of law, including relevant judicial authorities. The User's personal data may also be communicated or disclosed – in the necessary and required scope – to the third parties, including entities who at the direction of the Seller perform actions connected with the Contract concluded with the Buyer, e.g. entities operating electronic payments made under the concluded Contracts or entities delivering the ordered products.
3) The Seller ensures that the Users, whose personal data are processed, may exercise their statutory rights under the Personal Data Protection Act, including the right to access their own personal data, modify them and control the processing thereof in compliance with the said Act.
4) The right to control the processing of the User's own personal data include but is not limited to the User's right to submit a written and justified request to stop processing his/her data due to the User's special circumstances, and the right to object against the processing of the User's data when the Seller processes them when it is necessary to fulfil legally justified objectives pursued by the Seller, or when the Seller intends to process the data for marketing purposes, or against transferring the User's personal data by the Seller to a data administrator other than the Seller.
5) The Seller protects the Users' confidential information, including their personal data, against unauthorized access and any other disclosure or loss, and against damage and unauthorized modification of given data and information, with the use of appropriate technical and organisational preventive measures.
7) The cookie files are used for the following purposes:
a) to produce statistics which help to understand how the Users use the Shop's websites, thus enabling to improve their structure and contents;
b) to define the User's profile in order to display customized materials in ad networks, especially Google.
8) The Shop uses two basic types of cookies: session cookies and persistent cookies. Session cookies are temporary files which are stored in the User's terminal unit until the User leaves the website or closes the programme (browser). Persistent cookies are stored in the User's terminal unit for the time specified in the Cookies’ parameters or until they are removed by the User.
9) Internet browsing software (Internet browsers) usually allows storing cookies in the User's terminal unit by default. The Shop's Users may change their settings in this scope. Internet browsers allow to remove cookie files. It is also possible to automatically block cookies. Detailed information on this topic is available in the browser's documentation or help.
10) If the User does not want to receive cookies, he/she may change the browser's settings. However, limiting cookies may influence some functionalities available at the Shop's website.
11) Cookie files sent to the User's terminal unit may also be used by advertisers and partners co-operating with the Shop, and e.g. by Google, to display ads matching the way the User uses the Shop. To this end, cookies may save the User's navigation route or time spent at given site.
VIII. COMPLAINTS AND WITHDRAWAL
1) The Buyer may file complaints regarding the use of the Shop to the Seller.
2) A complaint shall be submitted either in electronic form to the Shop's e-mail address email@example.com, or in writing to the Seller's address. The complaint must contain at
a) the Buyer's name, surname, address and e-mail;
b) the date of the Contract of Sale which is the basis for the complaint;
c) the object of the complaint and the Buyer's demands;
d) any circumstances justifying the complaint.
3) The Buyer shall be notified of the results of the complaint investigation by e-mail, or –if the User fails to provide his/her e-mail address – by mail.
4) Pursuant to the Act of 2 March 2000 on the Protection of Certain Consumers' Rights and Liability for Damage Caused by a Hazardous Product, the Buyer who is a consumer may withdraw from the Contract for convenience in writing within 10 days of the reception of the products.
5) Should that be the case, the Contract shall be deemed not concluded. Whatever the parties have furnished shall be returned unchanged, save when the change was necessary in the ordinary course of business. The return shall be made immediately, no later than within fourteen days. The Buyer shall bear the costs of sending the products back to the Seller.
The Seller reserves the right to maintenance breaks in the Shop's operation due to technical support, maintenance works or works improving the Shop's functionalities. The Seller shall also use best endeavours to ensure that the said breaks take place at night time and are as short as possible.
1) The Seller may modify the provisions hereof. Any such modification shall enter into force upon the publishing of the modified Terms and Conditions on the Shop's website, subject to the provisions of point 2.
2) A modification of the Terms and Conditions shall not apply to the orders placed before the modified Terms and Conditions entered into force, nor to the Contract of Sale concluded before the modified Terms and Conditions entered into force.
3) In all matters not regulated herein, the universally binding provisions of law, including but not limited to the Civil Code, the Personal Data Protection Act, the E-services Act, and the Act on the Protection of Certain Consumers' Rights and Liability for Damage Caused by a Hazardous Product, shall apply.
4) Unless the parties resolve their disputes amicably, any disputes between the parties shall be settled by a competent court of general jurisdiction.