§1 Definitions
Personal Data Administrator:
HEFRAJA
Poznańska 120
99-400 Lowicz
VAT number: PL5512332050
Postal address – name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets: city name and real estate number), postal code and city.
Complaint address:
HEFRAJA
Poznańska 120
99-400 Lowicz
Delivery time – counted from the moment of obtaining a positive payment authorization and presented on the product cards on the store’s website.
Shipping Cost – located at https://goodwoodpoland.pl/dostawa/ a list of the available types of delivery and their costs.
Contact details:
HEFRAJA
Poznańska 120
99-400 Lowicz
e-mail: kontakt@goodwoodpoland.pl
phone: 512-262-710
Personal data – any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if it would require excessive costs, time or activities.
Sensitive data – these are personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, decisions on punishment and mandates criminal as well as other judgments issued in court or administrative proceedings.
Delivery – type of transport service along with the carrier and cost specification, mentioned in delivery price list located atpl / delivery
A proof of purchase – an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
Product card – single subpage store containing information about a single product .
Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, making Seller purchase related directly to her business or professional activity.
Civil Code – Civil Code Act of April 23, 1964, as amended.
Code of good practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
Consumer – an adult natural person with full legal capacity, making u Seller purchase not related directly to its business or professional activity.
Basket – a list of products made from those offered in shop products based on elections The buyer .
Buyer – both Consumer and Customer .
Place of issue of the item – Postal address or pickup point indicated in order by The buyer .
The moment of handing over the item – the moment when Buyer or a third party indicated by him for collection will take possession of the item.
ODR internet platform – an EU website operating on the basis of the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
payment – method of payment for subject of the contract and delivery listed at the address www.goodwoodpoland.pl/platnosc
Authorized entity – an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
Privacy policy – processing rules by Personal Data Administrator personal data Buyers, rights Buyers and duties Data Administrator, k tóra is located at: https://goodwoodpoland.pl/polityka-prywatnosci/
Consumer law – the Consumer Rights Act of May 30, 2014.
Product – minimum and indivisible quantity stuff which may be the subject orders , which is given in Seller’s store as a unit of measure in determining its price (price / unit).
Subject of the contract – products and delivery being the subject
Subject of the service –subject of the contract.
Pickup point – the place of delivery of the item, which is not a postal address, listed in the statement provided by Seller in shop .
UOKiK register – register authorized entities run by the Office of Competition and Consumer Protection on the basis of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/reawod_podmiot_uprawNYCH.php
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC
Item – a movable thing that may be or is an object the contract .
Shop – website available at goodwoodpoland.pl, through which Buyer can submit order .
Seller:
HEFRAJA
Poznańska 120
99-400 Lowicz
VAT number: PL5512332050
System – a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet
Time limit for completion – given on product card number of hours or working days.
Agreement – a contract concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of May 30, 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers .
Disadvantage – both physical defect andlegal defect.
Physical defect – non-compliance of the item sold with the contract, in particular if the item:
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- it does not have properties that this type of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
- there are no properties with which they exist Seller he assured Consumer ,
- not fit for the purpose for which Consumer informed Seller upon conclusion of the contract, a Seller he did not raise any objections to such an intended use; she stayed To the consumer delivered incomplete;
- in the event of improper installation and commissioning, if these activities were performed by Seller or a third party for whom Seller is liable, or by Consumer who followed the instructions from Seller ;
- it does not have the properties provided by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer, Seller He did not know these assurances, nor, judging reasonably, he could not know, or they could not have influenced the decision Consumer about the conclusion the contract or when their content has been corrected prior to conclusion
Legal defect – a situation where the item sold is owned by a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
Order – declaration of will The buyer submitted via store defining unequivocally: type and quantity products ; type delivery ; type payments ; place of issue of goods , data The buyer a directly aimed at conclusion the contract between The buyer and Sellers .
§2 General conditions
- Agreement is concluded in Polish, in accordance with Polish law and these regulations.
- Place of issue of the item must be in the territory The Republic of Poland .
- Seller is obliged and undertakes to provide services and deliver items free from defects .
- All prices quoted by Seller are expressed in the Polish or it’s equivalent in other currency and are gross prices (including VAT). Prices products do not include the cost delivery which is defined in shipping cost .
- All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
- Confirmation, disclosure, consolidation, security of all relevant provisions the contract in order to access this information in the future, it takes the form of:
- confirmation orders by sending to the indicated e-mail address: orders, pro forma invoices, information on the right to withdraw from the contract, these regulations in pdf version, the model withdrawal form in pdf version, links to download the regulations and the withdrawal form;
- joining the completed orders , sent to the indicated place of issue of goods printed: proof of purchase , information on the right to withdraw from the contract, these regulations, the model withdrawal form.
- Seller informs about known guarantees provided by third parties for products located in shop .
- Seller does not charge any fees for communicating with him using means of distance communication, a Buyer incurs its costs in the amount resulting from the contract which he concluded with a third party providing him with a specific service enabling distance communication.
- Seller ensure To the buyer using system correctness of action store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with horizontal resolution above 1024 px. Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore in order to obtain the full functionality of the store pl , turn them all off.
- Buyer may use the option of remembering his data by shop in order to facilitate the process of submitting the next one orders . For this purpose Buyer should provide the login and password necessary to access his account. Login and password are a sequence of characters determined by The buyer who is obliged to keep them secret and protect them against unauthorized access by third parties. Buyer has the ability to view, correct, update data and delete the account at any time in shop .
- Seller applies to of the code of good practice .
- The buyer is obliged to:
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
- use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
- use the store in a way that is not inconvenient for other Buyers and for the Seller,
- use of any content included in the store only for personal use,
- use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.
§3 Conclusion of the contract and implementation
- Orders can be submitted 24 hours a day.
- In order to assemble orders Buyer should perform at least the following activities, some of which may be repeated several times:
- adding to product basket ;
- type selection delivery ;
- type selection payments ;
- choice place of issue of goods ;
- folding in shop orders by using the “ I buy and pay “.
- Conclusion the contract from The consumer occurs upon submission orders .
- Implementation orders Consumer payable on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after the payment is credited Consumer on account Seller which should take place within 30 days of submission orders , unless Consumer was not able to fulfill the service through no fault of his own and informed about it Seller .
- Conclusion the contract from The customer occurs upon acceptance orders by Seller what he informs about The customer within 48 hours of submission orders .
- Implementation orders The customer payable on delivery takes place immediately after conclusion the contract , a orders payable by bank transfer or via the electronic payment system after the conclusion the contract and posting the payment The customer on account Seller .
- Implementation orders The customer may depend on the payment of all or part of the value orders or obtaining a trade credit limit of at least orders or consent Seller on dispatch orders cash on delivery (payable on delivery).
- Sending subject of the contract takes place on the date specified in card the product and for orders composed of many products for the longest period of time specified on cards products . The time limit starts running from the moment of its implementation orders .
- Purchased subject of the contract is along with the chosen one by The buyer with the sales document sent by your choice The buyer kind delivery to the one indicated by The buyer in ordering the place of delivery of the item , along with attached attachments referred to in 2 point 6b.
§4 The right to withdraw from the contract
- To the consumer , is due on the basis of art. 27 Consumer law the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer law .
- The deadline to withdraw from a distance contract is 14 days from the moment of handing over the item , and to meet the deadline, it is enough to send a statement before its expiry.
- Declaration of withdrawal from the contract Consumer may submit on the form, a specimen of which is attached as Appendix 2 to Consumer law , on the form available at goodwoodpoland.pl or in any other form compatible with Consumer law .
- Seller will confirm immediately To the consumer to e-mail (provided when concluding the contract and other, if provided in the submitted declaration) receipt of the declaration of withdrawal from the contract.
- In the event of withdrawal from the contract, agreement is considered not included.
- Consumer is obliged to return the item To the seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- Consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
- Consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur did not provide confirmation in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer law .
- Consumer is responsible for reducing the value of the item being the subject of the contract as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- Seller immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by Consumer will return To the consumer all payments made by him, including delivery costs To the consumer things, and if Consumer chose a shipping method other than the cheapest regular shipping method offered by Seller , Seller will not return To the consumer additional costs in accordance with Article 33 Consumer law .
- Seller returns the payment using the same method payments which he used Consumer , unless Consumer he clearly agreed otherwise payments which does not involve any costs for him.
- Seller may withhold the reimbursement of the payment received from Consumer until the items are received back or delivered by Consumer proof of its return, whichever occurs first.
- To the consumer in accordance with Article 38 Consumer law there is no right to withdraw from the contract:
- in which the price or remuneration depends on the fluctuations in the financial market over which Seller does not exercise control and which may occur before the deadline to withdraw from the contract;
- wherein subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
- wherein subject of the service is an item that deteriorates quickly or has a short shelf life;
- wherein subject of the service the item is delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
- wherein subject of the service there are things that after delivery, due to their nature, are inseparably connected with other things;
- wherein subject of the service there are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with your express consent Consumer before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
§5 Warranty
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- Seller based on Article. 558§1 Of the Civil Code completely excludes liability to Customers due to physical and legal defects (warranty).
- Seller is liable to Consumer on the terms set out in Art. 556 Of the Civil Code and subsequent ones for disadvantages (warranty).
- In the case of an agreement with The consumer if physical defect has been established within one year since the moment of handing over the item , it is assumed that it existed at the time when the danger passed to Consumer .
- Consumer if the item is sold disadvantage , maybe:
- make a statement requesting a price reduction;
- make a declaration of withdrawal from the contract;
unless Seller promptly and without undue inconvenience to Consumer replace the defective item with a non-defective one or remove the defect. However, if the item has already been replaced or repaired by Seller or Seller did not satisfy the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
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- Consumer , maybe instead of that suggested by Seller to remove the defect, demand that the item be replaced with one that is free from defects, or instead of replacing the item, demand that the defect be removed, unless bringing the item into compliance with the contract in a manner chosen by Consumer is impossible or would require excessive costs compared to the method proposed by Seller , however, when assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which it would expose Consumer other way to satisfy.
- Consumer can not deviate from the contract , if disadvantage is irrelevant.
- Consumer if the item sold has a defect, it may also:
- demand that the item be replaced with one that is free from defects;
- demand that the defect be removed.
- Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to
- Seller may refuse to satisfy the request Consumer if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the other possible method of bringing the defective item into conformity with the contract.
- In the event that the defective item has been installed, Consumer can claim from Seller disassembly and reassembly after replacing it with a non-defective one or removing the defect, however, it is obliged to bear some of the related costs exceeding the price of the item sold or may demand from Seller payment of part of the costs of disassembly and reassembly, up to the price of the sold item In the event of non-fulfillment of the obligation by Seller , Consumer is authorized to perform these activities at the expense and risk Seller .
- Consumer who exercises the rights under the warranty is obliged at the expense Seller deliver the defective item to complaint address, and if, due to the nature of the thing or the method of its installation, delivery of the goods by Consumer would be excessively difficult, Consumer is obliged to make the item available To the seller in the place where the thing is. In the event of non-fulfillment of the obligation by The Seller’s Consumer is entitled to send back the items at the expense and risk Seller .
- He shall bear the costs of replacement or repair Seller , except for the situation described in 5 point 10.
- Seller is obliged to accept from Consumer defective item in the event of replacement of the item with a non-defective one or withdrawal from the contract.
- Seller within fourteen days will respond to the decisions based on Art. 5615 of the Civil Code : statements about a request for a price reduction, requests to replace the item with one free from defects, requests to remove the defect. Seller within thirty days (Art. 7a consumer law ) will respond to any other statement Consumer which does not apply, as defined in the Civil Code fourteen-day period.
Otherwise, it is considered that he considered the statement or request justified Consumer .
- Seller is liable under the warranty if a physical defect is found before the expiry of two years from the moment of issue stuff To the consumer , and if the subject of sale is a second-hand item, before the end of the year from the moment of issue stuff To the consumer .
- Claim Consumer for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than before the expiry of two years from the moment of issue stuff To the consumer , and if the subject of sale is a second-hand item, before the end of the year from the moment of issue stuff To the consumer .
- Where specified by Seller or the manufacturer’s use-by date ends two years after the moment the item is handed over to the Consumer , Seller is liable under the warranty for physical defects of this item found before the expiry of this period.
- Within the time limits specified in 5 points 15-17 Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if Consumer demanded the replacement of the item with a non-defective one or removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to To the consumer on this account, shall be suspended until the final termination of the proceedings. The same applies to mediation proceedings, with the time limit for the exercise of other rights under the warranty due to To the consumer , begins to run from the date of the court’s refusal to approve the settlement concluded before the mediator or the unsuccessful termination of mediation.
- To exercise the powers under the warranty for legal defects the item sold shall apply 5 points 15-16, except that the period starts from the day on which Consumer found out about the existence of the defect, and if Consumer he learned about the existence of the defect only as a result of an action of a third party – from the date on which the judgment issued in a dispute with a third party became final.
- If due to a defect in things Consumer has made a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he has suffered due to the fact that he concluded the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which Seller is not responsible, and in particular may request reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenditure to the extent that they did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs . This is without prejudice to the provisions on the obligation to repair the damage on general principles.
- The expiry of any time limit for finding a defect does not exclude the exercise of rights under the warranty, if Seller he concealed the defect.
- Seller insofar as he is obliged to provide or provide a financial benefit Consumer it will perform them without undue delay, not later than the period prescribed by law.
§6 Privacy policy and personal data security
- Personal Data Administrator responsible for lawful processing personal data and the rules for collecting, processing and storing personal data and also the law The buyer related to his personal data .
- Personal Data Administrator processes personal data Buyers on the basis of consent and in connection with legitimate interests Seller .
- Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
- Expression by The buyer consent to processing personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
- For the purposes of implementation orders The buyer the following are collected personal data :
- Postal address – necessary to issue proof of purchase ;
- place of issue of goods – necessary to address the parcel;
- e-mail – necessary for communication related to the implementation of the order;
- telephone number – necessary in case of selecting certain types delivery
- Detailed solutions for the protection of personal data related to the submission orders but also using store before and after folding orders includes privacy policy .
§7 Final provisions
- Nothing in these regulations is intended to infringe any rights The buyer . It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
- Registered about changes to the regulations and their scope Buyer They will be notified by e-mail (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.
- The current version of the regulations is always available for The buyer in the regulations tab ( goodwoodpoland . pl / regulations ). During the execution of the contract and throughout the entire after-sales care period The buyer the regulations accepted by him when placing the order apply. Except when Consumer will consider it less favorable than the current one and inform Seller on the choice of the current as binding.
- In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Contentious if Consumer expresses such a will, is resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. Consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. through the EU ODR internet platform or by making any choice the authorized entity from among those located in wrUOKiK register. Seller declares its intention and agrees to an out-of-court resolution of a consumer dispute.
As a last resort, the matter is resolved by the local and material court.
Version 14.2 (Łowicz, February 24, 2019)