Terms · Hedonskate

ONLINE SHOP REGULATIONS

hedonskate.com

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE SHOP
CONDITIONS FOR CONCLUDING A SALES CONTRACT
METHODS AND DATES OF PAYMENT FOR THE PRODUCT
THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
COMPLAINT HANDLING PROCEDURE
EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCTS REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The Online Shop www.hedonskate.com takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in their place, apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS

1.1. The Online Shop available at www.hedonskate.com is run by SPOKO BRAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (limited liability company) based in Chorzów, Poland (the office address and correspondence address: Azotowa 21, 41-503 Chorzów, Poland), registered in the register of entrepreneurs of National Court Registry under the number: 0000940863; register court which holds the company's documentation: District Court in Katowice-Wschód in Katowice, VIII Commercial Department of National Court Registry; share capital in the amount of: 100.000,00 PLN; tax ID no. NIP: PL6272775830, National Economy Register No. REGON 520799220; e-mail address: info@hedonskate.com and telephone number: +48 +48-32-24-78-115.

1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section states otherwise.

1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service User or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

1.4. Definitions:

1.4.1. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service User, in which are collected the data provided by the Service User and the information about Orders placed in the Online Shop.

1.4.2. AVAILABILITY NOTIFICATION – An Electronic Service that allows all its users to automatically receive information about the availability of a Product from the Service Provider via email.

1.4.3. BLOG - Electronic Service, an online blog available in the Online Store for its Service Users, allowing them to browse posts by the Service Provider, particularly those related to its activities and the products offered

1.4.4. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).

1.4.6. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments)

1.4.7. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.

1.4.8. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) L 277, 27.10.2022, p. 1–102).

1.4.9. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service User via the Online Shop.

1.4.10. ILLEGAL CONTENT – any information that, in itself or in relation to an activity, including the sale of Products or the provision of services, is not in compliance with European Union law or the law of any EU Member State which is in compliance with European Union law, irrespective of the precise subject matter or nature of that law.

1.4.11. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

1.4.12. ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.hedonskate.com

1.4.13. ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

1.4.14. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.

1.4.15. PICKUP POINT – a location where the Reservation service is carried out.

1.4.16. PRODUCT – (1) movable item (including movable item with digital elements, i.e. containing digital content or digital service or connected to them in such a way that the lack of digital content or digital service would prevent its proper functioning) - being the subject of the Sales Contract between the Customer and the Seller.

1.4.17. REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.

1.4.18. REGULATIONS – these regulations of the Online Shop.

1.4.19. RESERVATION – a Product Reservation service available on the Online Store's website, allowing the Customer to place an Order for a service that enables the purchase of the Product directly at the Pickup Point, with priority over other buyers.

1.4.20. SALES CONTRACT– a sales contract (in the case of movable items and movable items with digital elements), (2) a contract for the delivery of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a service other than digital and other Products) which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.

1.4.21. SELLER; SERVICE PROVIDER – SPOKO BRAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (limited liability company) based in Chorzów, Poland (the office address and correspondence address: Azotowa 21, 41-503 Chorzów, Poland), registered in the register of entrepreneurs of National Court Registry under the number: 0000940863; register court which holds the company's documentation: District Court in Katowice-Wschód in Katowice, VIII Commercial Department of National Court Registry; share capital in the amount of: 100.000,00 PLN; tax ID no. NIP: PL6272775830, National Economy Register No. REGON 520799220; e-mail address: info@hedonskate.com and telephone number: +48 +48-32-24-78-115.

1.4.22. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The following Electronic Services are available in the Online Shop: Account, Availability Notification, Blog, Order Form and Newsletter.

2.1.1. Account – Accessing the Account is possible after the Service User completes two consecutive steps: (1) filling out the Registration Form, (2) clicking the "REGISTER" button. The Registration Form requires the Service User to provide the following data: email address and password. An Account can also be created during the Order process by checking the checkbox in the Order Form – when the Order is placed, an Account is created for the Service User. The Account can also be created by clicking the "CREATE ACCOUNT AND ORDER" button before proceeding to the Order Form – when the Order is placed, an Account is created for the Service User. An Account can also be created through the Service User's Facebook account. To create an Account using the service mentioned above, the Service User must click the "Join via Facebook" button.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User can, at any time and without giving a reason, delete their Account (resign from the Account) by (1) sending a request to the Service Provider, in particular via email to info@hedonskate.com or by mail to: ul. Azotowa 21, 41-503 Chorzów, or (2) by clicking the "Delete Account" button in the Account settings – when the action is confirmed, the Service User’s Account is deleted.

2.1.2. Availability Notification – The Availability Notification Electronic Service is available for Products that cannot currently be ordered due to the lack of information about their availability. The Availability Notification is accessed by visiting the page of the unavailable Product, entering the email address where the notification should be sent, and clicking the "Notify Me When Available" button. The Service User who has used this service will receive an automatic message with an invitation to place an Order when the Service Provider confirms the Product's availability.

2.1.2.1. The Availability Notification Electronic Service is provided free of charge for an indefinite period. The Service User can, at any time and without giving a reason, unsubscribe from the service by sending a request to the Service Provider, in particular via email to info@hedonskate.com or by mail to: ul. Azotowa 21, 41-503 Chorzów.

2.1.3. Blog – Accessing the Blog is possible by going to the "Blog" tab visible in the Online Store. The Blog is available free of charge to all visitors of the Online Store without the need to provide any personal information or perform any other actions. Through the blog, the Service Provider publishes articles related to the themes of the Online Store and the Products.

2.1.3.1. The Service User may stop using the Blog at any time, without giving a reason, by closing the web browser.

2.1.4. Order Form – Using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes two subsequent steps: (1) filling out the Order Form and (2) clicking the "BUY AND PAY" button on the Online Store's website after completing the Order Form. Up until this moment, the Customer can modify the entered data (following the displayed messages and instructions on the Online Store’s page). The Order Form requires the Customer to provide the following data: first name and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and details regarding the Sales Agreement: Product(s), quantity of Product(s), delivery location and method, payment method. For non-consumer Customers, it is also possible to provide the company name and tax identification number (NIP).

2.1.4.1. The Order Form Electronic Service is provided free of charge and is a one-time service, which ends upon placing the Order through it or when the Service User stops placing the Order.

2.1.5. Newsletter – Accessing the Newsletter is possible by (1) checking the appropriate checkbox when creating an Account – when the Account is created, the Service User is subscribed to the Newsletter, (2) checking the appropriate checkbox in the Account settings – when the "SAVE CHANGES" button is clicked, the Service User is subscribed to the Newsletter, (3) checking the appropriate checkbox when placing an Order via the Order Form – when the Order is placed, the Service User is subscribed to the Newsletter, (4) entering the email address in the "Newsletter" field on the homepage of the Online Store and clicking the "SUBSCRIBE" button – when the "SUBSCRIBE" button is clicked, the Service User is subscribed to the Newsletter.

2.1.5.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User can, at any time and without giving a reason, unsubscribe from the Newsletter by sending a request to the Service Provider, in particular via email to info@hedonskate.com or by mail to: ul. Azotowa 21, 41-503 Chorzów, or (2) by checking the appropriate checkbox in the Account settings – when the "SAVE CHANGES" button is clicked, the Service User is unsubscribed from the Newsletter.

2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) A computer, laptop, or other multimedia device with internet access; (2) Access to email; (3) A web browser in the latest version: Mozilla Firefox, Opera, Google Chrome, Safari, Microsoft Edge; (4) Recommended minimum screen resolution: 1024x768; (5) Enabling the ability to save cookies and handle Javascript in the web browser.

2.3. The Service User is obligated to use the Online Store in accordance with the law and good practices, respecting personal rights and the copyrights and intellectual property of the Service Provider and third parties. The Service User is obligated to enter data that is accurate and truthful. The Service User is prohibited from submitting unlawful content, including Illegal Content.

2.4. The procedure for filing complaints regarding Electronic Services is specified in Section 6 of the Terms and Conditions.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.4 of the Regulations.

3.2. The price of the Product or the remuneration for the product displayed on the Online Store's website is provided in: euros [€] [EUR] or Polish zlotys [PLN] and includes taxes. The total price or remuneration, including taxes, and, when the nature of the Product does not allow for a reasonable prior estimate of the amount – the method by which they will be calculated, as well as the delivery costs (including charges for transport, delivery, or postal services) and other costs, and if the amount of these fees cannot be determined – the obligation to pay them, is provided to the Customer on the pages of the Online Store, including during the order process and at the moment the Customer expresses the intention to enter into the Sales Agreement. In the case of a Sales Agreement for a Product concluded for an indefinite period or including a subscription, the Seller provides in the same way the total price or remuneration covering all payments for the billing period, and if the Sales Agreement provides for a fixed rate – also the total monthly payments..

3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form

3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause. 2.1.4 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

3.4. The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop.

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:

4.1.1. Cash on delivery.

4.1.2. Payment in cash on personal collection.

4.1.3. Payment by bank transfer to the Seller's bank account.

4.1.4. Electronic Payments and Credit Card Payments via the PayU.pl, PayPal.com, and Przelewy24.pl services – Current available payment methods are specified on the Online Store's "Payment" informational tab and on the following websites: https://www.payu.pl, https://paypal.com/pl, and https://www.przelewy24.pl/.

4.1.4.1. Transaction settlements using electronic payments and credit cards are carried out according to the Customer's choice through the PayU.pl, PayPal.com, or Przelewy24.pl services. The electronic payment and credit card services are provided by:

4.1.4.1.1. PAYU S.A., based in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the National Court Register under number 0000274399, with the registration records kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital of PLN 7,789,000.00, fully paid; NIP: 7792308495, REGON: 300523444.

4.1.4.1.2. PayPal – PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Registered with the Luxembourg Trade and Companies Register: R.C.S. Luxembourg B 118 349, VAT Number: LU22046007.

4.1.4.1.3. PAYPRO S.A., based in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered into the National Court Register under number 0000347935, with the registration records kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital of PLN 5,476,300.00, fully paid; NIP: 7792369887, REGON: 301345068. The company holds a license to operate as a payment institution and is supervised by the Polish Financial Supervision Authority (license number IP24/2014).

4.1.5. Installment Payments – Payment is made in full or partially from credit provided by SANTANDER CONSUMER BANK S.A., based in Wrocław (address: ul. Legnicka 48B, 54-202 Wrocław), entered into the National Court Register under number 0000040562, with the registration records kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register; share capital of PLN 520,000,000.00 (fully paid); NIP: 5272046102, REGON: 012736938.

4.2. Payment deadline:

4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract.

4.2.2. If the Customer chooses cash on delivery or payment in cash on personal collection, the Customer is obliged to make the payment upon delivery.

5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT

5.1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.

5.2. Personal collection of a Product by the Customer is free of charge.

5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.3.1. Courier Shipment, Cash on Delivery Courier Shipment.

5.3.2. Shipment with pickup from a parcel locker.

5.3.3. Shipment to the SwipBox Post Office machine.

5.3.4. Shipment to a Polish Post office pickup point.

5.3.5. Personal Pickup available at one of the Seller's stationary locations, the addresses, days, and opening hours of which can be found in the "Contact" informational tab.

5.4. The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, can not exceed 10 Business Days. The beginning of the delivery deadline of the Product to the Customer counts as follows:

5.4.1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.

5.4.2. If the Customer chooses cash on delivery payment - from the day of concluding the Sales Contract.

5.4.3. In the case of the Customer selecting the installment payment method – from the day the Seller is notified by the lender about the conclusion of the credit agreement with the Customer, but no later than from the day the Seller's bank account is credited with the funds from the credit granted to the Customer.

5.5. The deadline for readiness of the Product to be picked up by the Customer - if the Customer selects a personal Product collection, the Product will be ready to be picked up by the Customer within 10 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different deadline of readiness for collection, the deadline of readiness for collection is the longest given deadline, which, however, can not exceed 10 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product to be collected by an appropriate e-mail sent to the Customer's e-mail address provided when placing the Order. The beginning of the deadline for the readiness to collect the Product counts as follows.

5.5.1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.

5.5.2. If the Customer chooses the payment in cash on personal collection - from the day of concluding the Sale Contract.

5.5.3. In the case of the Customer selecting the installment payment method – from the day the Seller is notified by the lender about the conclusion of the credit agreement with the Customer, but no later than from the day the Seller's bank account is credited with the funds from the credit granted to the Customer.

6. COMPLAINT HANDLING PROCEDURE

6.1. This clause 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s running of the Online Shop.

6.2. A complaint can be made by the Customer, for example:

6.2.1. in writing to the following address: Azotowa 21, 41-503 Chorzów, Poland.

6.2.2. in electronic form via e–mail to the following address: info@hedonskate.com.

6.3. The Product may be sent or returned under the complaint to the following address: Azotowa 21, 41-503 Chorzów, Poland.

6.4. It is recommended to provide in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the of irregularities or non–compliance with the contract; (2) the request to bring the Product into compliance with the contract or a statement of price reduction or withdrawal from the Sales Contract, or other claim and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint

6.5. In the event of a change in the contact details provided by the complainant during the complaint consideration, they are obliged to notify the Seller about it.

6.6. The complaint may be accompanied by evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos), if it facilitates and speeds up the consideration of the complaint by the Seller.

6.7. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its submission.

6.8. The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular in the Civil Code, the Consumer Rights Act and the 18^th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended). Additional information regarding the Seller's liability for compliance of the Product with the Sales Contract provided for by law is indicated below:

6.8.1. In case of the complaint of the Product – a movable item – purchased by the Customer under the Sales Contract concluded with the Seller until December 31, 2022, are set out in the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556–576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). The Seller is obliged to deliver the Product without defects to the Customer. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased according to the preceding sentence to the Customer who is not a consumer shall be excluded

6.8.2. In case of the complaint of the Product – a movable item (including a movable item with digital elements) but excluding a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Contract concluded with the Seller from January 1, 2023, are defined by the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular art. 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non–compliance of the Product with the Sales Contract.

6.9. In addition to statutory liability, a guarantee may be granted for the Product - this is a contractual (additional) liability and can be used when a given Product is covered by the warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including the details of the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the guarantee description, e.g. in the guarantee card or other place that relates to the guarantee. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled by law to legal protection measures on the part of the Seller and at the expense of the Seller, and that the guarantee does not affect these legal protection measures.

6.10. The provisions regarding a consumer contained in clause 6.8.2 of the Regulations shall apply also to the Customer/Service User who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

7.1. Out-of-court methods of resolving disputes include (1) allowing the parties to reconcile their positions, for example through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. as part of arbitration (arbitration court). The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims, the rules of access to these procedures by the Customer who is a consumer and an user friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. At the the Office of the President of Competition and Consumer Protection there is a contact point, whose task, among others, is providing the consumers information in matters relating to the extrajudicial solving of consumer disputes. A consumer may contact the point: (1) by phone - by calling +48 22 55 60 332 or +48 22 55 60 333; (2) by e-mail - by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Head Office at Plac Powstańców Warszawy 1 in Warsaw (00-030), Poland.

7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court; (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection; or (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).

7.4. The ability to submit complaints through the ODR platform will expire on March 20, 2025, and the platform itself will be discontinued on July 20, 2025. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in clause 8.7. of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

8.1.1. in writing to the address: Azotowa 21, 41-503 Chorzów, Poland;

8.1.2. in electronic form via e–mail to the following address: info@hedonskate.com.

8.2. The return of the Product – movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address: Azotowa 21, 41-503 Chorzów, Poland.

8.3. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available in clause 14 of the Regulations. The consumer can use the template form, but it is not obligatory.

8.4. The deadline for withdrawal from the contract begins:

8.4.1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) – from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period – from taking possession of the first Product;

8.4.2. for other contracts – from the date of contract conclusion.

8.5. In the event of withdrawal from a distant contract, the contract is considered null and void.

8.6. Product – movable items (including movable items with digital elements):

8.6.1. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, consumer the delivery costs of the Product – a movable item including a movable item with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. In case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.

8.6.2. In case of Products – movable items (including movable items with digital elements) – the consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry.

8.6.3. The Consumer is liable for the decrease in the value of the Product – a movable item (including a movable item with digital elements) – as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.7. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay

8.7.1. In case of Products – movable items (including movable items with digital elements) – if the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.

8.7.2. In case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.

8.7.3. In the case of a Product – a service which performance – at the explicit request of the consumer – started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.8. The right to withdraw from a distant contract is not available to the consumer in relation to contracts:

8.8.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who has been informed before the performance of the service that he will lose his right of withdrawal once the contract has been fully performed by the Seller, and acknowledged that; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a Product – movable item (including movable items with digital elements) – which is non–prefabricated, manufactured according to the consumer's specification or serving to satisfy his individual needs; (4) in which the subject of the service is a Product – movable item (including movable items with digital elements) – which is quickly deteriorating or has a short shelf–life time; (5) in which the subject of the service is a Product – movable item (including movable items with digital elements) – which is delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, are inseparably connected with other movable items including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and which value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides Products – movable items (including movable items with digital elements) – other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service; (13) for the delivery of digital content that is not stored on a tangible medium if the performance of the service started before the deadline to withdraw from the contract with the consumer's express consent after being informed by the Seller about the loss of the right to withdraw from the contract and after acknowledging that, and if the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.9. The provisions regarding a consumer contained in this clause 8. of the Regulations shall apply from January 1, 2021 and with regards to contracts concluded from that day also to the Customer/Service User who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This clause 9. of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service User who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service User who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

9.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller's liability under the warranty for the Product or non–compliance of the Product with the Sales Contract shall be excluded.

9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

9.5. The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.

9.6. The Service Provider may terminate a contract for the provision of an Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service User.

9.7. The liability of the Service Provider/Seller to the Service User/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, not exceding however the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service User/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service User/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.

9.8. All disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.

10. PRODUCTS REVIEWS

10.1. The Seller enables its Customers to issue and access reviews of the Products and the Online Shop on the terms set out in this section of the Regulations.

10.2. The Customer can leave a review after using the form that allows adding a review of the Product or the Online Shop. The form may be made available directly on the Online Shop website (including using an external widget) or it may be made available via an individual link received by the Customer after the purchase to the e–mail address provided by him. When adding a review, the Customer may also add a graphic assessment or a photo of the Product – if such an option is available in the review form.

10.3. A review of the Product may be issued only with regards to the Products actually purchased in the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is forbidden to conclude fictitious or sham Sale Contract in order to issue a review about the Product. A review about the Online Shop may be issued by a person who is a Customer of the Online Shop.

10.4. Adding reviews by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding a review, the Customer is obliged to act in accordance with the law, these Regulations, and good customs.

10.5. Reviews can be made available directly on the Online Shop website (e.g., next to a given Product) or on an external website collecting reviews cooperating with the Seller and to which it refers on the Online Shop website (including by means of an external widget placed on the Online Shop website).

10.6. The Seller ensures that the published reviews about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the reviews come from its Customers:

10.6.1.Publishing a review issued using a form available directly on the Online Shop website requires prior verification by the Service Provider. The verification consists in checking the compliance of the review with the Regulations, in particular checking whether the reviewer is a Customer of the Online Shop – in that case, the Seller checks whether that person has made a purchase in the Online Shop, and in the case of a review of the Product, he additionally checks whether the reviewer purchased the reviewed Product. Verification takes place without undue delay.

10.6.2.The Seller sends to his Customer (including via an external website collecting reviews with which it cooperates) an individual link to the e–mail address provided by him during the purchase – in this way, only the Customer who purchased the Product in the Online Shop receives access to the review form.

10.6.3.In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties, whether a given review comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that he is actually a Customer of the Online Shop or purchased the reviewed Product.

10.7. Any comments, appeals against the review of reviews, or objections as to whether a given review comes from the Customer or whether a given Customer bought a given Product may be reported in a manner analogous to the complaint procedure indicated in clause 6. of the Regulations.

10.8. The Seller does not post or commission any other person to post false reviews or recommendations of Customers and does not distort the reviews or recommendations of Customers in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

11. RESERVATION

11.1. The Reservation service is available through the Order Form, as described in section 2.1.2 of the Terms and Conditions.

11.2. By making a Reservation, the Customer is entitled to purchase the selected quantity of Products at the Pickup Point with priority over other Buyers.

11.3. The price of the Product indicated in the Reservation is the maximum price – i.e., the Customer purchasing at the Pickup Point cannot pay a price higher than that indicated on the Online Store's website.

11.4. The conclusion of the contract for a movable Product, which is related to the Reservation service, takes place at the Pickup Point, and the provisions of these Terms and Conditions do not apply to it.

11.5. The Customer is informed about the status of the Reservation via electronic means – either by email, phone, or SMS. The Reservation is valid for 5 business days from the moment the product is delivered to the pickup point.

11.6. The provision of the Reservation service is considered completed when the Customer is informed that the selected Product is waiting at the Pickup Point.

11.7. The Reservation service is free of charge, unless otherwise stated in the Order Form, which the Customer is clearly informed about on the Online Store's website, no later than at the moment of clicking the "Reserve the product" button – i.e., expressing the intention to conclude the Sales Agreement.

12. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS

12.1. This section of the Regulations contains provisions arising from the Digital Services Act to the extent that they concern the Online Shop and the Service Provider. As a rule, the Service User is not obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service User may be able to add a review or comment in the Online Shop using the tools provided for this purpose by the Service Provider. The Service User is obliged to comply with the rules contained in the Regulations each time he provides content.

12.2. CONTACT POINT - The Service Provider designates the email info@hedonskate.com as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the EU Member States, the European Commission, and the European Board for Digital Services, and at the same time enables the Users of the service (including Service Users) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English languages for the purpose of communication with its contact point.

12.3. Illegal Content notice and action mechanisms as reguired by Article 16 of the Digital Services Act:

12.3.1. To the e-mail address info@hedonskate.com, any person or entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.

12.3.2. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates submitting – to the e-mail address provided above – reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of service; (3) the name and email address of the individual or entity submitting the notice, except in the case of information involving one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

12.3.3. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow Service Provider, acting diligently, to identify the illegality of the relevant activity or information without a detailed legal examination.

12.3.4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.

12.3.5. The Service Provider shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner. Where the Service Provider uses automated means for that processing or decision-making, they shall include information on such use in the notification referred to in the previous paragraph.

12.4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Shop, in relation to the information provided by Service Users:

12.4.1. The Service User is bound by the following rules in the case of providing any content within the Online Store:

12.4.1.1. the obligation to use the Online Shop, including to post content (e.g. as part of reviews or comments), in accordance with its intended use, these Regulations and in a manner consistent with the law and good practice, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.

12.4.1.2. the obligation to provide content that is factually accurate and not misleading.

12.4.1.3. prohibition on the provision of illegal content, including the prohibition on the provision of Illegal Content.

12.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Shop.

12.4.1.5. prohibition of providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive.

12.4.1.6. the obligation to have – if necessary – all required rights and permissions to provide such content on the pages of the Online Shop, in particular copyrights or required licenses, permits and consents for their use, distribution, sharing or publication, in particular the right to publish and distribute in the Online Shop and the right to use and disseminate the image or personal data in the case of content, which includes the image or personal data of third parties.

12.4.1.7. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider’s ICT system, the Online Shop or third parties.

12.4.2. The Service Provider reserves the right to moderate content provided by the Service Users to the Online Shop. Moderation is carried out in good faith and with due diligence and on the Service Provider’s own initiative or on the received notification in order to detect, identify and remove Illegal Content or other content that does not comply with the Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and the law of any EU Member State which is in compliance with European Union law, including the requirements set out in the DSA, or the requirements contained in the Regulations.

12.4.3. The moderation process may be carried out manually by a human or be based on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Regulations. After identifying such content, the Service Provider makes a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take other actions that it deems necessary (e.g. contacts the Service User to clarify objections and change the content). The Service Provider shall inform the Service User who provided the content (if we have their contact details) in a clear and easily understandable manner about its decision, the reasons for making it and the available options to appeal against this decision.

12.4.4. act in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the Service Users enshrined in the Charter of Fundamental Rights of the European Union, such as the freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

12.5. Any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision made in accordance with the provisions of these Regulations may be submitted in a procedure analogous to the complaint procedure indicated in clause 6. the of these Regulations. This procedure is free of charge and allows you to submit complaints electronically to the e-mail address provided. The use of the notice and action mechanisms is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect its other rights.

12.6. The Service Provider shall consider any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to believe that their decision not to take action in response to the complaint is unjustified or that the relevant information is not illegal and inconsistent with the Regulations, or contains information indicating that the complainan’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or disable access to the content or otherwise reduce their visibility or take any other action it deems necessary.

12.7. Service Users, persons or entities who have reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the EU Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaints resolution system.

13. PRODUCTS REVIEWS

13.1. The Seller enables its Customers to issue and access reviews of the Products and the Online Shop on the terms set out in this section of the Regulations.

13.2. The Customer can leave a review after using the form that allows adding a review of the Product or the Online Shop. The form may be made available directly on the Online Shop website (including using an external widget) or it may be made available via an individual link received by the Customer after the purchase to the e–mail address provided by him. When adding a review, the Customer may also add a graphic assessment or a photo of the Product – if such an option is available in the review form.

13.3. A review of the Product may be issued only with regards to the Products actually purchased in the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is forbidden to conclude fictitious or sham Sale Contract in order to issue a review about the Product. A review about the Online Shop may be issued by a person who is a Customer of the Online Shop.

13.4. Adding reviews by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding a review, the Customer is obliged to act in accordance with the law, these Regulations, and good customs.

13.5. Reviews can be made available directly on the Online Shop website (e.g., next to a given Product) or on an external website collecting reviews cooperating with the Seller and to which it refers on the Online Shop website (including by means of an external widget placed on the Online Shop website).

13.6. The Seller ensures that the published reviews about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the reviews come from its Customers:

13.6.1. Publishing a review issued using a form available direct