Regulamin sklepu internetowego Hydroflex – Zasady zakupów i korzystania z serwisu

Terms and Conditions of the Online Store - www.hydroflex.pl

General provisions
1. These Terms and Conditions are addressed to consumers within the meaning of the Civil Code and set out the general terms and conditions, the manner of providing Services electronically, and sales conducted through the Online Store hydroflex.pl. The store is run by Roland Rigoll, operating under the name HYDROFLEX Roland Rigoll, entered in the Register of Entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Entrepreneurship and Technology, at the address ul. 3 Maja 12, 47-303 Krapkowice, TIN 1990000895, (REGON number: 532440589), hereinafter referred to as the Seller.
2. Contact with the Seller is made via:
  1. e-mail address: biuro@hydroflex.pl;
  2. at the phone number +48 77 407 85 15.
3. These Terms and Conditions are available at all times on the website www.hydroflex.pl, in a manner that allows them to be obtained, reproduced, and recorded by printing or saving them on a medium at any time.
4. The Seller informs that the use of Services provided electronically may involve a risk for every Internet user, consisting in the possibility of introducing malicious software into the Customer's ICT system and obtaining and modifying their data by unauthorized persons. In order to avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and a firewall.
Definitions

The terms used in these Terms and Conditions shall have the following meanings:
1. Working days – These are days from Monday to Friday, excluding public holidays;
2. Customer – consumer within the meaning of Article 22[1] of the Civil Code;
3. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – a part of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store;
5. Terms and conditions – this document;
6. Goods – product presented in the Online Store, the description of which is available for each of the products presented;
7. Sales agreement – Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
8. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
9. Consumer Rights Act – Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
10. Act on the provision of electronic services – Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. Order – a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.
Terms of Use of the Online Store
1. Use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
  1. a computer or mobile device with Internet access,
  2. access to email,
  3. Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
  4. Enabling cookies and JavaScript in your web browser.
2. Use of the Online Store means any action taken by the Customer that leads to them becoming familiar with the content of the Store.
3. The customer is obliged in particular to:
  1. not to deliver or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content that infringes on the personal rights and other rights of third parties,
  2. use the Online Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
  3. not to take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
  4. use the Online Store in a manner that is not burdensome for other Customers and for the Seller,
  5. use any content posted on the Online Store solely for personal use,
  6. use the Online Store in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet.
Services
1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The Seller has the right to organize occasional contests and promotions, the terms and conditions of which will be published on the Store's website each time. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a given promotion provide otherwise.
3. In the event of a breach of these Terms and Conditions by the Customer, the Seller may, after an unsuccessful request to cease or remedy the breach, setting an appropriate deadline, terminate the contract for the provision of Services with 14 days' notice.
Procedure for concluding a Sales Agreement
1. Information about Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a Contract within the meaning of Article 71 of the Civil Code.
2. All Goods available in the Online Store are brand new and have been legally introduced to the Polish market.
3. An active email account is required to place an Order.
4. The customer places an order by phone or via the contact form.
5. Placing an Order in the Online Store by phone or by sending an email takes place on Business Days and during the hours indicated on the Online Store's website. To do this, the Customer should:
  1. provide the name of the Goods from among the Goods available on the Store's website and their quantity during a telephone conversation or in an e-mail message sent to the Seller,
  2. select the delivery method and payment method from among the delivery and payment methods listed on the Store's website,
  3. provide the data necessary to complete the Order, in particular: first and last name, place of residence, and email address.
6. Each time an Order is placed by telephone or email, the Seller shall send the Customer confirmation of the terms and conditions of the Order.
7. The contract is concluded when the Customer (in response to the confirmation of the terms of the Order sent by the Seller) sends an email to the Seller's email address in which the Customer: accepts the content of the sent Order and agrees to its execution, accepts the content of the Terms and Conditions, and confirms that they have read the instructions on withdrawing from the Agreement.
8. After concluding the Sales Agreement, the Seller confirms its terms and conditions to the Customer by sending them to the Customer's email address or in writing to the address provided by the Customer.
9. The sales agreement is concluded in Polish, English, or German, with content consistent with the Terms and Conditions.
Delivery
1. Delivery of Goods is limited to the territory of the European Union, Bosnia, Serbia, Ukraine, and is made to the address specified by the Customer when placing the Order.
2. The customer may choose the following delivery methods for the ordered Goods:
  1. via a courier company;
  2. via a postal operator;
  3. personal collection at the Seller's personal collection point.
3. On the Store's website, the Seller informs the Customer in the description of the Goods about the number of Business Days needed to process the Order and deliver it, as well as the delivery charges for the Goods.
4. The delivery and order fulfillment date is calculated in Business Days in accordance with section VII, point 2.
5. The seller provides the customer with proof of purchase.
6. If different delivery periods are specified for the Goods covered by the Order, the longest period specified shall apply to the entire Order.
Prices and payment methods

The prices of Goods are given in Polish zlotys, euros, Czech crowns (korunas) according to the Customer's choice and include all components, including customs duties and other fees.
The customer can choose the following payment methods:
1. bank transfer to the Seller's bank account (in this case, the Order will be processed after the Seller sends the Customer a confirmation of acceptance of the Order, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
2. cash on collection - payment at the Seller's collection point (in this case, the Order will be processed immediately after the Seller sends the Customer confirmation of acceptance of the Order, and the Goods will be released at the Seller's collection point);
3. cash on delivery, payment to the supplier upon delivery (in this case, the Order will be processed and shipped after the Seller sends the Customer confirmation of acceptance of the Order and completes the Order);
4. electronic payment (in this case, the Order will be processed after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the payment agent's system that the Customer has made the payment, and the shipment will be made immediately after the Order is completed).
The Seller shall inform the Customer on the Store's website about the deadline by which the Customer is obliged to make payment for the Order. If the Customer fails to make payment within the time limit referred to in the previous sentence, the Seller may, after an unsuccessful request for payment with a specified deadline, withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry.
The customer may formulate the statement independently or use the statement template provided by the Seller on the Store's website.
The 14-day period shall be counted from the date of delivery of the Goods or, in the case of a Contract for the provision of Services, from the date of its conclusion.
Upon receipt of the Consumer's statement of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer's e-mail address.
The Consumer's right to withdraw from the Agreement is excluded in the following cases:
1. provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that they would lose their right to withdraw from the Contract once the Seller had performed the service;
2. Contracts 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. Contracts where the subject of the service is non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy their individual needs;
4. Contracts where the subject of the service is Goods that spoil quickly or have a short shelf life;
5. Contracts where the subject of the service is Goods delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;
6. Contracts where the subject of the service are products which, after delivery, due to their nature, are inseparably connected with other items;
7. Contracts where the subject of the service is alcoholic beverages, the price of which was agreed upon at the time of concluding the Sales Contract, and which can only be delivered after 30 days, and whose value depends on market fluctuations over which the Seller has no control;
8. Contracts in which the Consumer expressly requested that the Seller visit them in order to perform urgent repairs or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to the additional services or Goods;
9. Contracts where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
10. Contract concluded through a public auction;
11. Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of service provision;
12. Contracts for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the expiry of the withdrawal period and after the Seller informed the Consumer about the loss of the right to withdraw from the Contract.
In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded. What the parties have provided shall be returned unchanged, unless a change was necessary to determine the nature, characteristics, and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of refund, which shall not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the goods are returned or the Customer provides proof of their return, whichever occurs first, unless the Seller has offered to collect the goods from the Customer himself.
If the Consumer has chosen a method of delivery other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
The customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
Complaints regarding Goods under warranty
The Seller undertakes to deliver Goods free from defects.
The Seller shall be liable to the Customer under the warranty for defects in accordance with the provisions of Articles 556–576 of the Civil Code.
Complaints resulting from the violation of the Customer's rights guaranteed by law or under these Terms and Conditions should be sent to HYDROFLEX Roland Rigoll, ul. 3 Maja 12, 47-303 Krapkowice, Poland, to the e-mail address: sekretariat@hydroflex.pl, telephone number +48 (77) 407 85 15 ext. 101.
In order for the complaint to be considered, the Customer should send or deliver the Goods subject to complaint, attaching proof of purchase if possible. The Goods should be delivered or sent to the address indicated in point 3.
The seller undertakes to consider each complaint within 14 days.
In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
Complaints regarding the provision of electronic services
The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: HYDROFLEX Roland Rigoll, ul. 3 Maja 12, 47-303 Krapkowice, Poland, to the following e-mail address: sekretariat@hydroflex.pl, or by calling +48 (77) 407 85 15 ext. 101.
In the complaint, the Customer should provide their first and last name, mailing address, and a description of the problem.
The Seller undertakes to consider each complaint within 14 days, and if this isn't possible, to inform the Customer within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent within 7 days from the date of receipt of the request by the Customer.
Warranties
Goods may be covered by a producer's warranty.
In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is presented each time in the description of the Goods on the Store's website.

XII. Out-of-court methods of resolving complaints and pursuing claims

The customer has, among others, the following options for using out-of-court complaint handling and redress procedures:
1. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
2. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
3. can obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation via the free consumer hotline 800 007 707 and by the Association of Polish Consumers via email at porady@dlakonsumentow.pl;
4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal data
The Seller collects and processes personal data provided by Customers in accordance with applicable law and in accordance with the Privacy Policy available on the Store's website.
XIV. Final provisions

All rights to the Online Store, including copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as forms and logos, belong to the Seller, and their use may only take place in a manner specified and consistent with the Terms and Conditions.
Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by the courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the Act on the provision of electronic services, the Act on consumer rights, and other relevant provisions of Polish law shall apply.

Each Customer will be informed of any changes to these Terms and Conditions via information on the home page of the Online Store, containing a summary of the changes and the date of their entry into force. The date of entry into force of the changes will not be less than 14 days from the date of their announcement.