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TERMS & CONDITIONS
APPLY FOR SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014 ONWARDS.
- GENERAL PROVISIONS
- ELECTRONIC SERVICES OF ONLINE STORE
- CONDITIONS OF SALE AGREEMENT
- TERMS AND METHOD OF PAYMENTS
- COST, METHODS AND TIME OF DELIVERY
- EXTRAJUDICIAL MEANS OF HEARINGS ON CLAIMS AND ACCESS TO THE PROCEDURES
- THE RIGHT OF WITHDRAWAL FROM AN AGREEMENT
- PROVISIONS FOR ENTREPRENEURS
- FINAL PROVISIONS
www.hedonskate.com Online Store cares about consumer rights. The consumer may not waive the rights conferred on them by the Act on Consumer Rights.The contractual provisions which are less favorable to the consumer than the provisions of the Law on Consumer Rights will be void . The provisions of the Act on Consumer rights will be used in their place.
Consequently, the provisions of these Terms & Conditions are not intended to override or limit any consumer rights conferred on them by mandatory provisions law, and any possible doubt be explained for the benefit of the consumer.
In case of a potential non-compliance of the provisions of these Terms & Conditions with the above provisions, priority is given to those provisions and they should be used.
1. GENERAL PROVISIONS
1.1. Online Store available at the Internet address www.hedonskate.com is run by MIROSŁAW RAGAN doing business under the name SPOKO BRAND MIROSŁAW RAGAN (address of the place of business: Westhafenstr. 1/Rundbau rechts, 13353 Berlin), e-mail: firstname.lastname@example.org.
1.2. These TERMS & CONDITIONS are aimed both to consumers and to entrepreneurs benefiting from the Online Store (except for par. 9 of these TERMS & CONDITIONS, which is addressed only to entrepreneurs).
1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - form available on the Online Store’s website for creating Accounts.
1.4.3. ORDER FORM - an electronic service, interactive form available in the Online Store allowing online submission of orders, in particular by adding Products to Electronic Shopping Cart and determining conditions of Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT - (1) a natural person having full capacity to enter into legally binding agreements, and in cases provided for by generally applicable rules as a natural person with limited capacity to enter into legally binding agreements; (2) a legal person; or (3) entity without legal personality, which Law recognizes the legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. THE CIVIL CODE – the Polish Civil Code Act of 23 April 1964. (OJ. 1964 nr 16, pos. 93 as amended).
1.4.6. ACCOUNT – electronic service, identified by its individual name (login) and password given by the Client. Collection of resources in the ICT system Service Provider, in which collected data is given by the Client as well as information about Orders in the Online Store.
1.4.7. NEWSLETTER - electronic service, electronic distribution service provided by Service Provider through e-mail service that allows all Clients or the Recipients to automatically receive content from Service Provider containing information about products, news and promotions in the Online Store.
1.4.8. PRODUCT – a subject of Sales Agreement between Client and Seller, available online.
1.4.9. TERMS & CONDITIONS - TERMS & CONDITIONS of the Online Store.
1.4.10. ONLINE STORE – Service Provider’s Online Store available at: www.hedonskate.com.
1.4.11. SELLER; SERVICE PROVIDER - MIROSŁAW RAGAN doing business under the name SPOKO BRAND MIROSŁAW RAGAN (address of the place of business: Westhafenstr. 1/Rundbau rechts, 13353 Berlin, e-mail: email@example.com).
1.4.12. SALES AGREEMENT – agreement for sale of a Product concluded between the CLIENT and the SELLER through the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
1.4.14. THE SERVICE RECIPENT (1) a natural person with full legal capacity, and in cases provided for by the rules generally applicable a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law recognizes the legal capacity - who uses or intends to use of the Electronic Services.
1.4.15. ACT OF CONSUMER RIGHTS, ACT - Act of 30 May 2014 on the Consumer Rights (OJ 2014 pos. 827 as amended).
1.4.16. ORDER – CLIENT’'s will submitted by the Order Form and efforts directly to the Sales Agreement with the Seller.
1.4.17. CONSUMER - any natural person who in Sales Agreements concluded via Online Store is acting for purposes which are outside his trade, business, craft or profession;
2. ELECTRONIC SERVICES OF ONLINE STORE
2.1. The Online Store offers the following electronic services: ACCOUNT, ORDER FORM and NEWSLETTER.
2.1.1 ACCOUNT - the use of the Account is possible after meeting two successive requirements – (1) completing the Registration Form, and (2) clicking on the "Register Me" button. The Registration Form requires to provide the following Recipient information: e-mail address and password. The Account as electronic service is provided free of charge by an indefinite period. At any time and for any reason the Recipient has the possibility to delete the Account (resignation from the Account) by sending the appropriate request to the Service Provider, in particular via e-mail at: Address: firstname.lastname@example.org or writing to the address: SPOKO BRAND MIROSŁAW RAGAN, Westhafenstr. 1/Rundbau rechts, 13353 Berlin.
2.1.2. ORDER FORM - use of the Order Form starts when the Recipient/Client adds the first product to the electronic cart in the Online Store. Submission of an order is prompted after meeting two requirements - (1) after completing the Order Form and (2) clicking the "Order with obligation to pay" button - until then, there is still the possibility of self-modification of introduced data (To do this, follow the prompts and information available on website of Online Store). The Order Form is necessary to provide the following information: name and surname / company name, address (street, house / apartment, postcode, city state, country) e-mail address, telephone number, Product / s, the number of Product / s, place and manner of the delivery and the payment method. In the case of Clients who are not consumers it is also necessary to provide your company name and tax identification number.
2.1.3. NEWSLETTER – the Recipient/Client may start receiving subsequent editions of the newsletter by providing their e-mail address in the "Newsletter" tab visible at the bottom of the website and clicking on the "SIGN IN" button. The Recipient/Client can also sign in to the newsletter while creating the Account through ticking the relevant checkbox or using the options in the Account settings. The subscription of the Newsletter is completed, after the Recipient/Client confirms the link, sent to them in a confirmation e-mail. The subscription of the Newsletter is entirely voluntary and can be terminated at any time by following the link at the bottom of the Newsletter.
2.2. Using of the Electronic Services by the Client is free of charge.
2.2.1. The ACCOUNT and NEWSLETTER of the online shop are provided for an indefinite period.
2.2.2 Using of the Order Form is a single act and is terminated once the Order From is placed or terminated by the Client themself.
2.3. The technical requirements necessary to work with the ICT system used by the Service Provider:
2.3.1. Computer, laptop or other multimedia device with Internet access.
2.3.2. Access to e-mail.
2.3.3. Web browser: Mozilla Firefox 11.0 and higher or Internet Explorer 7.0 and higher, Opera 7.0 or higher, Google Chrome version 12.0.0 and higher.
2.3.4. Recommended screen resolution: 1024x768
2.4. The Recipient/Client is obliged to use the Online Store in accordance with Law and morality as well as to respect the personal rights and copyright and intellectual property of Service Provider and third parties. The Recipient/Client is obliged to provide true data consistent with the facts. A Recipient/Client spaces non-delivery of illegal content.
2.5. Complaint procedure:
2.5.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (with the exception of complaint procedures, designated in par. 6 and 7 of these TERMS & CONDITIONS) may be addressed in written form by the Recipient/Client to the address: SPOKO BRAND MIROSŁAW RAGAN, Westhafenstr. 1/Rundbau rechts, 13353 Berlin or electronically via e-mail to the following address: email@example.com.
2.5.2. The description of the complaint should include: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of irregularities; (2) demands of the Client; and (3) the contact details of the complaining - this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements stated in the preceding sentence shall take the form of recommendations only and do not affect the effectiveness of the complaints.
2.5.3. The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS OF SALES AGREEMENT
3.1. Conclusion of the Sale Agreement between the Client and the Seller is made after the Client orders a Product using the Order Form in the Online Store in accordance with par. 2.1.2 of these TERMS & CONDITIONS, that is when the Client receives an e-mail described in par. 3.3.2. confirming that the Sales Agreement is concluded
3.2. Product price shown on the Online Store are given in Polish Zloty and/or in Euro and include taxes. The Client is given information about the total price including taxes, the Product which is the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs while placing the Order through the Order Form on the website.
3.3. The procedure of Sales Agreement in the Online Store using the Order Form.
3.3.1. The Sales Agreement between the Client and the Seller is made after prior request of a Client to place an order in the Online Store in accordance with par. 2.1.2 of these TERMS & CONDITIONS.
3.3.2. After submitting the Order Form by the Client Seller shall immediately confirm its receipt and concurrently process the Order Confirmation of the receipt of the order and it`s acceptance to process is made by sending an appropriate e-mail to the Client’s e-mail address provided by the Client while placing the order. The e-mail should contain at least a Seller statement of receiving orders and confirmation of the Sales Agreement. Upon receipt of the above e-mail the Sales Agreement between Client and Seller is concluded.
3.3.3. Consolidation, security, and providing the Client the concluded Sales Agreement occurs by (1) the provision of these TERMS & CONDITIONS on an Online Store, and (2) sending the e-mail referred to in par. 3.3.2. to the Client.
3.3.4. The content of the Sales Agreement is in addition stored and secured in a computer system of the Online Store.
4. TERMS AND METHOD OF PAYMENTS
4.1. The Seller shall give the Client the following methods of payment under the Sales Agreement:
4.1.1. Cash On Delivery.
4.1.2. Payment by cash on personal collect.
4.1.3. Wire Transfer:
Bank: COMMERZBANK AG
Account nr: DE86773400760200177400
Swift code/ Bic code: COBADEFFXXX
SPOKO BRAND Miroslaw Ragan
z.H.: Miroslaw Ragan
4.1.4. Credit Card payments through BrainTreePayments service.
4.2. Settlement of transactions by credit card in Euro are carried out at the choice of the Client through the BrainTreePayments service.
4.3. Support for electronic payments and payment cards is maintained by:
4.3.1. PayPal.com – spółka PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. kondygnacja 22–24 Boulevard Royal, L-2449, Luxembourg.
4.4. Date of payment:
4.4.1. If the Client chooses Cash payment on personal collection, wire transfer payments, Electronic payment or payment by Credit Card, the Client is obligated to make payments within 7 calendar days from the date of the Sales Agreement.
4.4.2. If the Client chooses the Cash on Delivery payment, the Client shall complete the payment on delivery.
5. COST, METHODS AND TIME OF DELIVERY
5.1. Product delivery is available worldwide.
5.2. Product delivery to the customer is paid for, unless the Sales Agreement provides otherwise. Delivery costs (including fees for transportation, delivery and postal services) can be found on the Online Store pages in the "Shipping" section and also during placing orders.
5.3. Personal collection by the Customer is free of charge.
5.4. Seller offers the following ways of delivery or receipt of the Product:
5.4.1. Standard Postal Service, Standard Postal Service with Cash on Delivery.
5.4.2. Courier, Courier with Cash on Delivery.
5.4.3. Personal collection at ul. Ceglana 67c, 40-514 Katowice - Monday to Friday from 09:00 to 18:00 and on Saturdays from 10:00 to 15:00.
5.5. Product delivery date to the Client amounts up to 20 working days, unless the description of the Product or in the process of filing Orders grants a shorter deadline. In the case of products with different delivery times, the delivery time is the longest given period, which may not exceed 7 days. Starting point of delivery of the Product to the Client is calculated in the following manner:
5.5.1. If you choose the Wire Transfer, electronic payment or Credit Card payment - from the day of booking the payment on Seller`s bank account.
5.5.2. If the Client chooses the Cash on Delivery payment method - from the date of the conclusion of the Sales Agreement.
5.6. Product deadline for personal collection - if the Client selects personal collection, the product will be ready for collection by the customer within 7 working days, unless the description of the Product says otherwise. In the case of products with different delivery times, the delivery time is the longest given period, which may not exceed 7 Days. The Client will be additionally informed by the Seller by sending an appropriate message sent to the e-mail address given by the Client during submitting orders. Starting point of possibility of personal collection is calculated in the following manner:
5.6.1. If the Client chooses the Wire Transfer, electronic payment or Credit Card payment - from the day of booking the payment on Seller`s bank account.
5.6.2. If the Client chooses the Cash on Delivery payment method - from the date of the conclusion of the Sales Agreement.
6.1. Basis and responsibilities of the Seller, in case sold product has a natural defect or lack in title are defined in generally applicable laws, in particular, in the Civil Code.
6.2. Seller shall deliver the product to the Client without defects. Detailed information on the Seller's liability due to a defect of the Product and Customer Rights are determined at the Online Store in the "Complaints" section.
6.3. The complaint may be filed by the Client, for example:
6.3.1. in written form to the address: SPOKO BRAND MIROSŁAW RAGAN, Westhafenstr. 1/Rundbau rechts, 13353 Berlin, Germany;
6.3.2 in electronic form via e-mail to the following address: firstname.lastname@example.org;
6.4. It is recommended that the Client includes the following information in the description of the complaint: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of occurrence of the defect; (2) demand the way to bring the product into compliance with the Sales Agreement or statements about price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the complaining - this will facilitate and expedite the consideration of the complaint by the Seller (the Client can also use a ready complaint form available here). The requirements stated in the preceding sentence shall take the form of recommendations only and do not affect the effectiveness of the complaints.
6.5. Seller will address the Client’s complaints immediately, but no later than within 14 calendar days from the date of its submission. Missing reaction of the Seller in the above period justifies the complaint.
6.6. Where to execute the Customer's rights under warranty it will be necessary to provide the Product to the Seller, the Client will be asked by the Seller to deliver the Product at the expense of Seller to the address SPOKO BRAND MIROSŁAW RAGAN, Westhafenstr. 1/Rundbau rechts, 13353 Berlin, Germany. If, however, due to the type of the defect, type of the product or the way it is mounted, the delivery by Client is impossible or excessively difficult, the Client will be asked to provide, upon prior appointment, the place where the product is located.
6.7. Hedonskate Online Store states that there is the possibility of extra-judicial settlement of disputes concerning contractual obligations arising from the online sale contracts concluded between consumers and traders at EU level, using the platforms ODR, which is the access point for consumers and businesses who want an extra-judicial settlement of disputes covered by the Regulation of the European Parliament and Regulation (EU) No 524/2013 of 21 May 2013.
The ODR platform operating at http://ec.europa.eu/consumers/odr is an interactive website, with electronic and free access in all the official languages of the Union institutions.
7. ONLINE ALTERNATIVE DISPUTE RESOLUTION
In case of disputes arising under the Sales Agreement or in connection hereto a Consumer may file a complaint online via the independent platform for Online Dispute Resolution run by the EU Commission in all European languages under the following link. The Online Dispute Resolution aims at an amicable out of court dispute resolution between Consumers and Sellers and is free of charge for the Consumer. Detailed information on filing the complaint and the procedure can be found under the above link.
8. THE RIGHT OF WITHDRAWAL
8.1. Right of withdrawal
Consumers have the right to withdraw from this Sales Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day:
- on which the Client acquires, or a third party other than the carrier and indicated by the Client acquires, physical possession of the goods (the Product),
- in case of a Sales Agreement relating to multiple goods (the Products) ordered by the Client in one order and delivered separately: on which the Client acquires or a third party other than the carrier and indicated by the Client acquires, physical possession of the last goods,
- in case of a Sales Agreement relating to delivery of goods (Products) consisting of multiple lots or pieces: on which the Client acquires, or a third party other than the carrier and indicated by the Client acquires, physical possession of the last lot or piece,
To exercise the right of withdrawal the Client must inform the Seller (SPOKO BRAND MIROSŁAW RAGAN, Westhafenstr. 1/Rundbau rechts, 13353 Berlin, Germany, Phone: +4832 247-81-15) of his decision to withdraw from this Sales Agreement by an unequivocal statement (e.g. a letter sent by post or e-mail). The Client may use the attached model withdrawal form (to be found in the Online Store in the “Withdrawal from the contract section”), but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the Client to send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
8.2. Effects of withdrawal
If the Client withdraws from this Sales Agreement, the Seller shall reimburse to the Client all payments received from the Client, including the costs of delivery (with the exception of the supplementary costs resulting from other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about Client’s decision to withdraw from this Sales Agreement. The Seller will carry out such reimbursement using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not incur any fees as result of such reimbursement. The Seller may withhold reimbursement until the Seller has received the goods (Products) back or the Client has supplied evidence of having sent back the goods (Products), whichever is the earliest.
The Client shall send back the goods (Products) or hand them over to the Seller or SPOKO BRAND MIROSŁAW RAGAN, ul. Ceglana 67c, 40-514 Katowice, without undue delay and in any event not later than 14 days from the day on which the Client communicate his withdrawal from this Sales Agreement to the Seller.
The Client will have to bear the direct cost of returning the goods (Products). The cost is estimated at a maximum of approximately 35 EUR. The Client is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.9. The right of withdrawal from a Sales Agreement is not granted to the Consumer in relation to agreements:
(1) the provision of services after the services has been fully performed with the express consent of the Consumer, who was informed before the provision that once the service is completed by the Seller – the Client loses the right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market which the Seller has no control on, and which may occur before the deadline to withdraw from agreement; (3) concerning non-prefabricated products, produced by serving the consumer's specifications or meet its individual needs; (4) wherein Product supplied is undergoing rapid decay or having a short shelf use; (5) where supplied product is in sealed packaging and is not suitable for return due to health protection or hygiene reasons and it was unsealed after delivery; (6) concerning Products that after delivery, due to their nature, are inextricably mixed with other things; (7) in which the subject of the provision are alcoholic beverages the price of which has been agreed upon conclusion of the Sales Agreement and which the supply can only take place after 30 days and whose value depends on fluctuations in the market, over which Seller has no control on; (8) the consumer has expressly required the seller to come to him to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with the consumer demanded or provides products other than parts necessary for repair or maintenance, right of withdrawal granted to the Consumer for additional services or products; (9) the object of which are sound or visual recordings or computer software supplied in sealed packaging, if they were unsealed after delivery; (10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded at a public auction; (12) for the provision of services of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, events, entertainment, sports or cultural if the agreement marked a day or period of performance; (13) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed by the Seller about the loss of the right of withdrawal.
9. PROVISIONS FOR ENTREPRENEURS
9.1. This section of the TERMS & CONDITIONS and the provisions contained therein relate only to Clients and Recipients who are not Consumers.
9.2. In the case of Clients not being Consumers the Seller has the right to restrict the available ways of payments, including also required prepayment in part, regardless of the Client’s payment method, and the fact of Sales Agreement.
9.3. When the Seller gives the product to the carrier, the benefits and burdens associated with the product and the risk of accidental loss or damage to Product shall pass to the Client who is not a Consumer. In this case Seller shall not be liable for any loss, or Product damage resulting from acceptance for carriage and for delay of the transport of the consignment.
9.5. If sending the product to the Client by a carrier, the Client who is not a Consumer is obliged to examine the shipment at the time and in the manner adopted for consignments of this kind. If he finds that during transport there is a loss or damage of the Product – actions necessary to determine the liability of the carrier are required.
9.6. In accordance with Art. 558 § 1 of the Civil Code the liability of the Seller under the legal guarantee of conformity for goods to the Client who is not a Consumer is limited to (1) a supplementary performance, (2) shall the supplementary performance be unsuccessful, the right of the Client to reduce the price in the amount the defect reduces the value of the product, (3) the right to demand reimbursement for damages from injury of body, life or health, damages caused at least in a culpably negligently way, or damages resulting from breach of the essential contractual obligations.
9.7. In the case of the Client not being Consumer the Service Provider may terminate the contract on the provision of Electronic Services with immediate effect when there is an important reason on part of the Client, which infers on the interests of the Services Provider.
9.8. Any dispute arising between the Seller/Service Provider and the Client/ Recipient non-consumer shall be subjected to the competent court according to Seller’s / Service Provider location.
10. FINAL PROVISIONS
10.1. The agreements concluded via Online Store are concluded in Polish and English.
10.2. Changes to these TERMS & AGREEMENTS:
10.3. 1. Service Provider reserves the right to make changes to these TERMS & CONDITIONS due to important reasons: changes in legislation; changes in the modes of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these TERMS & CONDITIONS.
10.3.2. In the case of conclusion of a permanent contract under these TERMS & CONDITIONS (e.g. Provision of Electronic Services - Account) the Client agrees to the amended TERMS & CONDITIONS, if they have been preserved requirements set out in Art. 384 and 384  of the Civil Code, Client has been correctly informed about the changes and did not terminate the agreement within 14 calendar days from the date of notification. In the event that a change of these TERMS & CONDITIONS resulted in the introduction of any new taxes or an increase of the existing one, the Client who is a Consumer has the right to withdraw from the Contract.
10.3.3. In the case of the conclusion of contracts under these TERMS & CONDITIONS of a different nature than a permanent contract (e.g. Sales Agreement) amendments to these TERMS & CONDITIONS shall in no way prejudice the rights of the Clients who are Consumers acquired prior to the entry into force of the amendments to these TERMS & CONDITIONS; particularly changes to the TERMS & CONDITIONS will have no impact on the already concluded or realized contracts.
10.4. In matters not covered in these Rules universally applicable German law shall apply.