ONLINE SHOP - TERMS AND CONDITIONS
1. These terms and conditions specify general conditions, rules and methods of sales carried out by Jan Górski, who operates a business under the name of JAN GÓRSKI LUX GIFTS with headquarters in Konstancin-Jeziorna through the online shop herse.pl (hereinafter referred to as: “Online Shop”) and defines rules and conditions for free services offered through electronic means by Jan Górski operating a business under the name of JAN GÓRSKI LUX GIFTS with headquarters in Konstancin-Jeziorna.
§ 1 Definitions
1. Working days – means days of the week from Monday until Friday with the exclusion of public holidays.
2. Delivery – means actual activity of delivering Goods to the Customer by the Seller, through a Delivery Service Provider.
3. Delivery Service Provider – means an entity cooperating with the Seller for the delivery of Goods: a) a courier company; b) Poczta Polska S.A. (Polish Post) with headquarters in Warsaw.
4. Password – means a sequence of letters, digits or other signs or symbols chosen by the Customer during Registration process in the Online Shop, used in order to secure access to the Customer’s account in the Online Shop.
5. Customer – means an entity for whom services delivered by electronic means might be offered or with whom a Sales Agreement might be concluded in accordance with the Terms and Conditions and within the rules of law.
6. Consumer – means a natural person entering with the entrepreneur into a legal action not related directly with that person’s business or professional activity.
7. Customer’s Account – means an individual panel for every Customer run by the Seller after Customer’s Registration process is completed and a contract for the provision of services is concluded.
8. Point-of-sales – means a place where Seller’s Goods are available. The list of points-of-sales is available on the Shop’s Website.
9. Entrepreneur – means a natural person, legal person or organizational unit which is not a legal person, which is granted legal capacity by law, conducting business or professional activity in his/her own name and performing a legal action directly related with his/her business or professional activity.
10. Terms and Conditions – means these terms and conditions.
11. Registration – means an actual activity performed in a way specified in Terms and Conditions, required for the Customer in order to use all features of the Online Shop.
12. Seller – means Jan Górski who runs business activities under the company JAN GÓRSKI LUX GIFTS with headquarters in Konstancin-Jeziorna (05-510), ul. Batorego 20, NIP: 5252244744, REGON: 015592167, registered in Central Electronic Register and Information on Economic Activity kept by the Minister of Development; e-mail: biuro@herse.pl. Jan Górski is also the owner of the Online Shop.
13. Shop Website – means all websites where the Seller runs the Online Shop, operating under the domain herse.pl.
14. Goods – means any product presented by the Seller through the Shop Website, which can be the object of a Sale Contract.
15. Durable medium – means any material or instrument enabling the Customer or the Seller to store information directed to him personally in order to enable access to information in future for an appropriate time for the purposes which this information serves, and which will allow for a reconstruction of stored information without its modification.
16. Sales Contract – means a sales contract concluded at a distance between a Customer and the Seller, according to the rules set out in the Terms and Conditions.
§ 2 General provisions and the use of the Online Shop
1. All rights to the Online Shop, including copyrights, intellectual property rights to its name, its online domain, Shop Website, as well as examples, patterns, models, questionnaires, logos and pictures featured on the Shop Website (with the exception of some logos and pictures presented on the Shop Website with the purpose to present goods, of which copyrights belong to third parties) belong to the Seller, and may be used exclusively in a way specified by and in accordance with Terms and Conditions.
2. The Seller shall make efforts to make the use of the Online Shop possible for internet users with through all popular web browsers, operating systems, various types of devices and internet connections. Minimum technical requirements enabling the use of the Shop Website include a web browser in a version of at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer versions, Javascript enabled, accepting cookie files and an internet connection with a bandwidth of at least 256 kbit/s. The Shop Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller is using the mechanism of cookie files, which are recorded by the Seller’s server on the hard disc of the Customer’s end device. The aim of the cookie policy is for the Shop Website to function properly on the end device of the Customer. This mechanism doesn’t destroy the Customer’s end device and doesn’t cause any changes in the configuration of Customers’ end devices nor in the software installed on these devices. Every Customer can disable the cookie mechanism in the internet browser on his end device. The Seller informs that disabling cookies might however cause difficulties or make the use of the Shop Website impossible.
4. To place an order in the Online Shop through the Shop’s Website or through electronic mail, and to use the services available on the Shop’s Websites it is necessary for the Customer to have an active e-mail account.
5. It is forbidden for the Customer to provide unlawful content and to use the Online Shop, the Shop’s Website or free-of-charge service offered by the Seller in an illegal or immoral manner, or by violating third parties personal rights.
6. The Seller declares that the public nature of the Internet and the use of electronically supplied services may involve the risk of acquisition and modification of Customers’ data by unauthorized persons, therefore the Customers should apply appropriate technical measures to minimize the risks mentioned above. In particular they should be using antivirus and identity protection software for persons using the Internet. The Seller will never request the Customer to disclose his/her password in any form.
7. It is not permitted for the Customer to use the resources and functionalities of the Online Shop in order carry out activities that would infringe the interests of the Seller.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to carry out a free-of-charge Registration.
2. Registration is not required for placing an order in the Online Shop.
3. In order to Register, the Customer should fill out the registration form made available by the Seller on the Shop Website and send the completed registration form by electronic means to the Seller through the selection of an adequate functionality included in the registration form. During Registration the Customer sets his/her personal password.
4. While filling out the registration form, the Customer has the possibility to get acquainted with the Terms and Conditions, approving their contents by checking the appropriate box in the registration questionnaire.
5. After sending a filled out registration form, the Customer immediately receives a confirmation of the registration by electronic means from the Seller to the address indicated in the registration form. Thus the contract for the provision of services within the management of the Customer’s Account is concluded, and the Customer obtains the possibility to access his/her Customer account and make changes in the information entered during the Registration process.
§ 4 Orders
1. Information provided on the Shop Website do not constitute an offer within the meaning of the Polish Civil Code, but only an invitation to submit offers to conclude Sales Contracts by the Customers.
2. Customers can place orders in the Online Shop through the Shop’s Website or by electronic mail 7 days per week, 24 hours per day.
3. A Customer placing an order through the Shop’s Website completes his/her order choosing the Goods they are interested in. Adding Goods to the order happens through the selection of the “ADD TO CART” button under given Goods presented on the Shop Website. After the completion of the entire order and indicating the Delivery and payment methods in the “CART”, the Customer places an order by sending the order form to the Seller, through the selection of “Order and pay” button on the Shop Website. Every time before the order is sent to the Seller, the Customer is informed about the total price of the Goods selected including the cost of Delivery, as well as of all additional costs related to the Sales Contract that the Customer is obliged to incur.
4. When placing an order through electronic mail, the Customer sends it to the e-mail address indicated by the Seller on the Shop Website. In the message sent to the Seller the Customer indicates in particular: the name of the Goods, the color and the quantity selected from Goods presented on the Shop Website; and his/her contact details.
5. After the receipt of the Customer’s message described in §4 item 4, the Seller sends a return message to the Customer through electronic mail including his registry data, the price of the selected Goods and possible payments methods, as well as Delivery method with its cost and information about all additional payments that the Customer is to incur under the Sales Contract. The message also includes information for the Customer stating that the conclusion of the Sales Contract through electronic mail entails the Customer’s obligation to pay for the Goods ordered. Based on the information provided by the Seller, the Customer can place the order by sending an electronic message to the Seller which indicates payment method and Delivery method the Customer has selected.
6. Placing an order means that the Customer offers the Seller to enter into Sales Contract for the sale of the ordered Goods.
7. After placing the order, the Seller sends order confirmation to the address of the electronic mail provided by the Customer.
8. Subsequently, after the order is confirmed, the Seller accepts the order by sending information about it to the electronic mail address indicated by the Customer. Information about order acceptance constitutes the Seller’s declaration of accepting the order described in §4 item 6 above and at the moment it is received by the Customer a Sales Contract is concluded.
9. After Contract conclusion the Seller confirms its conditions to the Customer, by sending that information on a durable medium to the electronic address of the Customer or in writing to the address indicated by the Customer during Registration process or when the order was placed.
§ 5 Payments
1. The prices on the Shop Website provided with the given Goods are gross prices and do not include information about Delivery costs and any other costs which the Customer will be obliged to incur in relation to the Sales Contract, and about which the Customer will be informed when selecting Delivery method and placing an order.
2. The Customer can choose from the following payment methods for the Goods ordered: a) payment card or bank transfer through the external payment system operated by the company DotPay S.A. with headquarters in Kraków (in this case order processing will start after the Seller send an order confirmation to the Customer and after the Seller receives information from the DotPay system that the Customer has made the payment); b) cash on delivery, payment to the Delivery Service Provider at Delivery (in this case order processing will be initiated after the Seller sends order confirmation to the Customer).
3. The Customer is informed by the Seller on the Shop Website about the deadline within which he/she is obliged to make the payment for the order in the amount resulting from the concluded Sales Contract.
4. If the Customer fails to execute the payment within the deadline specified in §5 item 3 of the Terms and Conditions, the Seller gives an additional deadline for making the payment by the Customer and informs the Customer about it on a durable medium. Information about an additional deadline to make payment includes also information about the fact that if the deadline is exceeded the Seller shall withdraw from the contract based on art. 491 of the Civil Code.
§ 6 Delivery
1. The Seller can execute the Delivery on the territory of the European Union, Lichtenstein, Norway and Switzerland.
2. The Seller is obliged to deliver the Goods under the Sales Contract free from any defects.
3. The Seller shall post information about the number of Working Days necessary for Delivery and order processing.
4. The date of Delivery and order processing indicated on the Shop Website is calculated in Working Days according to §5 item 2 of the Terms and Conditions.
5. Ordered Goods are delivered to the Customer via a Delivery Service Provider to the address indicated in the order form.
6. On the day of the dispatch of Goods to the Customer the latter receives confirmation of the parcel dispatch from the Seller to the Customer’s electronic mail address.
7. The Customer should check the parcel delivered within the time and in a manner adopted for parcels of the given type in the presence of the Delivery Service Provider. In the event of partial loss or damage to the parcel the Customer has the right to demand from the Delivery Service Provider’s employee to prepare an adequate protocol.
8. The Seller, at Customer’s wish, includes to the parcel being the object of Delivery a receipt or a VAT invoice covering delivered Goods.
9. In case of the absence of the Customer at the address he/she has indicated, submitted at the time of order as Delivery address, the employee of the Delivery Service Provider will leave a notice or will undertake an attempt to contact the Customer by phone in order to determine delivery time at which the Customer will be present. In case of a return of ordered Goods to the Online Shop by the Delivery Service Provider, the Seller will contact the Customer by e-mail or phone in order to again determine the date and cost of Delivery.
§ 7 Warranty
1. The Seller ensures Delivery of Goods free from any physical or legal defects. The Seller is liable to the Customer in case of the Goods having any physical or legal defects (warranty).
2. If the Goods have defects, the Customer can: a) submit a price reduction statement or declaration of withdrawal from the Sales Contract, unless the Seller immediately and without excess inconveniences for the Customer replaces defective Goods with Goods without defects or repairs the defect. This restriction shall not be applicable if the Goods were already replaced or repaired by the Seller or the Seller hasn’t met his obligation to replace Goods with Goods free from defects or to repair the Goods. Instead of a repair proposed by the Seller, The Customer may demand that the Goods be replaced with Goods free from defects or instead such replacement he/she may demand for the defect to be repaired, unless bringing the goods to conformity with the contract in a manner chosen by the Customer is impossible or would require excessive costs in comparison to the manner proposed by the Seller. When evaluating cost excessiveness the value of Goods free from defects, type and significance of the detected defect is taken into account, as well as inconveniences that the Customer would be exposed to in the case of the application of a different method. b) demand for defective Goods to be replaced with Goods free from defects or ask for the defect to be repaired. The Seller is obliged to replace defective Goods with Goods free from defects or to repair the defect in a reasonable time without excessive inconveniences for the Customer. The Seller may refuse to meet the demands of the Customer if bringing the defective Goods to conformity with the Sales Contract in a manner selected by the Customer is impossible or in comparison with a second possible manner of bringing the Goods to conformity with the Sales Contract it would require excessive costs. Costs of repair or replacement shall be incurred by the Seller.
3. The Customer who exercises his/her rights under warranty is obliged to deliver the defective item to the Seller’s address. In case of a Customer who is a Consumer the cost of delivery shall be covered by the Seller. Defective Goods shall be delivered or sent to the following address: Lux Gifts, ul. Filtrowa 65/51, 02-052 Warszawa, Polska.
4. The Seller is liable under warranty if the physical defect will be found within two years from the date of the delivery of Goods to the Customer. Claims to remove defects or to replace Goods with the Goods free from defects shall be prescribed within one year, but this date can’t end before the expiry of the date specified in the first sentence. During that period the Customer may withdraw from the Sales Contract or submit a price reduction statement due to defective Goods. If the Customer demanded the Goods to be replaced by Goods free from defects or asked to repair the Goods, the date to withdraw from the Sales Contract or to submit a price reduction statement starts at the moment of the ineffective expiry of the time-limit until the replacement or repair of Goods.
5. All claims related to Goods or to the implementation of the Sales Contract may be submitted by the Customer in a written form to the Seller’s address.
6. Within 14 days from the request related to the claim, the Seller shall reply to the complaint about the Goods or to the claim related with the implementation of the Sales Contract submitted by the Customer.
7. The Customer may submit to the Seller his/her claim related with the use of free-of-charge services offered electronically by the Seller. The claim may be submitted in an electronic form and sent to the following address: biuro@herse.pl. In his/her claim the Customer shall include the description of the problem. The Seller immediately, but no later than within 14 days, reviews the complaint and provides a response to the Customer.
§ 8 Withdrawal from the Sales Contract
1. The Customer, who is a Consumer, who has concluded a Sales Contract, may withdraw from that contract without giving a reason within 14 days.
2. The period to withdraw from the Sales Contract begins at the moment of the Consumer acquiring the physical possession of the Goods. The Consumer may withdraw from the Sales Contract by submitting a declaration of withdrawal to the Seller. This declaration may be submitted for example in writing to the Seller’s address; through electronic mail to the Seller’s address. The declaration may be submitted on a form, the template of which has been posted by the Seller on the Shop Website under the following address: Withdrawal form. To keep the deadline it is sufficient to send the declaration before the deadline expires. The Consumer may withdraw from the Sales Contract by submitting to the Seller a declaration of withdrawal through the form made available on the website under the address: Electronic withdrawal form. To keep the deadline it is sufficient to send the declaration before the deadline’s expiry The Seller confirms to the Customer the receipt of the form submitted through the website immediately.
3. In case of withdrawal from the Sales Contract, it shall be considered null and void.
4. If the Consumer has submitted a declaration of withdrawal from the Sales Contract before the Seller has accepted his/her offer, the offer is not binding.
5. The Seller has the obligation to refund all payments made by the Consumer, including the cost of Delivery of Goods to the Consumer, immediately, but no later than 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Sales Contract. The Seller may withhold the reimbursement of payments received from the Consumer until the time he receives the Goods back or until the Customer supplies a proof of having sent back the Goods, whichever occurs earlier.
6. If the Consumer exercising the right to withdraw has chosen the manner to deliver Goods which is other than the cheapest regular method of Delivery offered by the Seller, the Seller is not obliged to reimburse additional costs incurred by the Customer.
7. The Consumer is obliged to return the Goods to the Seller immediately, however no later than within 14 days from the date at which he/she has withdrawn from the Sales Contract. To keep the deadline it is sufficient to sent the Goods to the Seller’s address before the deadline expires. The returned Goods should be delivered or sent to the address: Lux Gifts, ul. Filtrowa 65/51, (02-052) Warszawa, Poland.
8. In case of withdrawal, the Customer, who is the Consumer, covers only direct costs of returning the Goods.
9. If due to its nature the Goods can’t be sent back in the ordinary course by post, the Seller informs the Customer about the costs of return shipment of items on the Shop Website.
10. The Consumer is liable for diminished value of the Goods resulting from using them in a manner exceeding the necessary steps to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall reimburse the payments through the use of the same payment method as was used by the Consumer, unless the Consumer has clearly agreed for another method of return, which doesn’t involve any financial costs for him/her.
§ 9 Free-of-charge services
1. The Seller provides Customers with free-of-charge services by electronic means: a) Contact form; b) Newsletter; c) Managing the Customer’s Account.
2. The services listed under §9 item 1 above are provided 7 days a week, 24 hours per day.
3. The Seller shall reserve the right to choose and change the type, form, time and manner of giving access to the selected services mentioned above, of which he shall inform the Customers in a manner adequate for making changes in the Terms and Conditions.
4. The service Contact Form entails sending messages to the Seller via a form posted on the Shop Website.
5. Cancellation of the free-of-charge service Contact Form is possible at any given time and entails discontinuance of sending enquiries to the Seller.
6. Every Customer, who enters his e-mail address for that purpose using the registration form made available by the Seller on the Shop Website may use the Newsletter service. After sending a completed registration form, the Customer immediately receives a confirmation from the Seller by electronic means to his e-mail address indicated in the registration form. At this moment a contract for providing the Newsletter service by electronic means shall be concluded.
7. The Newsletter service entails sending by the Seller, to the electronic mail address, messages in the electronic form including information about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all Customers who have subscribed.
8. Every Newsletter directed to given Customers shall include in particular: information about the sender, filled out “subject” box, describing the contents of the mail, and information about the possibility and method of cancellation of the free-of-charge Newsletter service.
9. The Customer may unsubscribe from receiving the Newsletter at any time through the use of a link provided in every electronic message sent within the Newsletter service or by activating an adequate box in the Customer’s Account.
10. The Service of Managing the Customer’s Account is available after Registration according to the rules specified in the Terms and Conditions and consists of the provision a dedicated panel to the Customer within the Shop Website, enabling the Customer to modify personal details he/she has provided during the Registration process, as well as to track the status of order processing and history of orders already completed.
11. The Customer who has registered may request the Seller to delete his/her Customer Account and in the case of a request to delete the Customer’s account by the Seller it may be deleted within 14 days from the receipt of such a request.
12. The Seller is entitled to block access to the Customer’s Account and to free-of-charge services in the case of the Customer acting to the detriment of the Seller or other Customers, when the Customer violates the rules of law or Terms and Conditions, as well as in the case when blocking access to the Customer’s Account and to the free-of-charge services is justified by security reasons - particularly if the Customer is breaking the Shop Website’s security measures or undertakes other hacking activities. Blocking access to the Customer’s Account and to the free-of-charge services for the above mentioned reasons shall last for a period necessary to solve the issue being the basis to block the access to the Customer’s Account and the free-of-charge services. The Seller notifies the Customer that his/her Customer’s Account has been blocked by electronic means to the address provided by the Customer in the registration form.
§ 10 Personal data protection
1. The Administrator of Customers’ personal data provided to the Seller on a voluntary basis during the Registration process, by placing a one-off order and within the provision of service by the Seller through electronic means or within other circumstances defined in the Terms and Conditions, shall be the Seller.
2. The Seller processes personal data of Customers in order to process orders, to provide services by electronic means by the Seller and for other purposes defined in the Terms and Conditions. The data is processed exclusively based on legal provisions or based on the consent expressed by the Customer according to the binding legislation.
3. The Seller notifies the General Inspector for Personal Data Protection about the data filing system covering data provided to the Seller.
4. The Customer provides his/her personal data to the Seller on a voluntary basis, however with the reservation that not providing the specified data in the Registration process makes Registration and the opening of Customer’s Account impossible and prevents placing and processing of the Customer’s order in case of placing an order without the Registration of a Customer’s Account.
5. Every person who provides his/her personal data to the Seller, has the right to access their contents and to correct them.
6. The Seller shall ensure the possibility to delete personal data from the filing system, in particular in case of a deletion of a Customer’s Account. The Seller may refuse to delete personal data if the Customer fails to cover all charges to the Seller or if he/she has violated applicable laws and preserving the personal data is necessary to clarify these circumstances and to determine the liability of the Customer.
7. The Seller shall protect the personal data he has received and shall make all efforts to secure that data against unlawful access or use.
8. The Seller provides the Delivery Service Provider with personal data of the Customer within the scope necessary to carry out the Delivery.
§ 11 Contract termination (shall not apply to sales contracts)
1. Both the Customer and the Seller may terminate the contract for the provision of electronically supplied services at any time and without providing any reasons, subject to the rights acquired by the other party before the termination of the above mentioned contract and the provisions below.
2. The Customer who has registered shall terminate a contract for the provision of electronically supplied services by sending an appropriate declaration of intent, with the use of any means for distance communication, enabling the Seller to get acquainted with the Customer’s declaration of intent.
3. The Seller shall terminate the contract for the provision of electronically supplied services by sending to the Customer an appropriate declaration of intent to the electronic mail address provided by the Customer during Registration.
§ 12 Final provisions
1. The Seller shall be liable for non-performance or inadequate performance of the contract, however in case of contracts concluded with Customers, who are Entrepreneurs, the Seller shall be liable only in case of deliberate damage and within actual losses incurred by the Customer, who is the Entrepreneur.
2. The contents of these Terms and Conditions may be preserved through printing, saving on any medium or downloading at any time from the Shop Website.
3. In case of a dispute arising from a concluded Sales Contract, the parties shall strive to settle the matter amicably. The applicable law for the solution of all disputes arising from these Terms and Conditions is the Polish law.
4. Every Customer may have recourse to an out-of-court complaints and redress procedure. With regards to that it is possible for the Customer to use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by Presidents of the competent District Courts. The Customer, who is the Consumer, may also have recourse to out-of-court complaints and redress procedures by submitting his/her claim through the EU ODR online platform, available at the following address: http://ec.europa.eu/consumers/odr/
5. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for processing before the date of entry into force of the new Terms and Conditions are processed based on the Terms and Conditions, which were binding at the time when the order was placed by the Customer. The change of Terms and Conditions shall enter into force within 7 days from the date of its publication on the Shop Website. The Seller shall inform the Customer 7 days prior the entry into force of the new Terms and Conditions about the change in Terms and Conditions in form of a message sent by electronic means, which shall include a link to the text of the changed Terms and Conditions. In the case of the Customer not accepting the new contents of the Terms and Conditions, he/she will be obliged to notify the Seller about that fact, which will result in the termination of contract according to the provisions §11 of the Terms and Conditions.
6. The Terms and Conditions shall enter into force on 20th November 2015.