Online Store Terms and Conditions of HESZ SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

defining, among others, the rules for concluding contracts through the Store, and including essential information about the Seller, the Store, and Consumer rights.

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Contract
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Final Provisions
Appendix No. 1: Template Withdrawal Form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday excluding public holidays in Poland.
Civil Code – the Act of April 23, 1964 – Civil Code.
Consumer – a consumer as defined by the provisions of the Civil Code.
Buyer – any entity purchasing from the Store.
Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person entering into a contract with the Seller directly related to their business activity, but not of a professional nature for them.
Pickup Point – the location at Komierowska 27, 89-400 Sępólno Krajeńskie, Poland.
Regulations – these regulations.
Store – the online store operated by the Seller at https://hesz.pl.
Seller – HESZ SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered in the Central Register and Information on Economic Activity conducted by the Minister of Economic Development, NIP 5040078287, REGON 387979538, ul. Sienkiewicza 76, 89-400 Sępólno Krajeńskie, Poland.
Consumer Rights Act – the Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SELLER

Mailing address: ul. Sienkiewicza 76, 89-400 Sępólno Krajeńskie, Poland
Email: biuro@hesz.com.pl
Phone: +48 697 883 489
Return address (for contract withdrawal): Komierowska 27, 89-400 Sępólno Krajeńskie, Poland
Complaint shipping address: Komierowska 27, 89-400 Sępólno Krajeńskie, Poland

§ 3 TECHNICAL REQUIREMENTS

To properly use the Store, the following are required:

  • A device with internet access
  • A web browser supporting JavaScript and cookies

Additionally, to place an order, an active email account is required.

§ 4 PURCHASES IN THE STORE

  1. The prices of products displayed in the Store are total prices for the product.
  2. The Seller notes that the total price of the order includes the product price and, where applicable, the shipping costs as indicated in the Store.
  3. The selected product should be added to the cart in the Store.
  4. The Buyer then selects a delivery method and payment method from the options available in the Store, and provides the information necessary to fulfill the order.
  5. The order is placed once the Buyer confirms the order summary and accepts the Terms and Conditions.
  6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.

§ 5 PAYMENTS

  1. Payment for the order can be made, depending on the Buyer’s choice:
    • via bank transfer to the Seller’s account;
    • cash on delivery (COD);
    • in cash upon personal collection.
  2. If the Buyer chooses prepayment, the payment must be made within 7 Business Days of placing the order.
  3. For payment methods where a payment form appears immediately after placing the order, the order must be paid for directly after placing it.
  4. By purchasing in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer may withdraw their acceptance at any time.

§ 6 ORDER FULFILLMENT

  1. The order fulfillment time is indicated in the Store.
  2. If the Buyer selects prepayment, the order will be processed after payment is received.
  3. If products with different fulfillment times are ordered together, the longest stated time applies to the entire order.
  4. Deliveries are made only within the territory of Poland.
  5. Depending on the selected delivery method, products are delivered:
    • via courier service;
    • to InPost parcel lockers.
  6. The Buyer may collect the order in person at the Pickup Point during its working hours.
  7. If personal collection is selected, the product will be ready for pickup within the fulfillment time.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A Privileged Buyer may withdraw from a contract concluded with the Seller via the Store, within 14 days, without giving any reason, subject to §8.
  2. The withdrawal period expires 14 days after:
    • receiving the goods;
    • receiving the last item, batch, or part (for orders with multiple separate deliveries).
  3. To exercise the right of withdrawal, the Buyer must inform the Seller (details in §2) by a clear statement (e.g., email or letter).
  4. A withdrawal form template is included at the end of these Terms, but using it is not obligatory.
  5. To meet the deadline, it is enough to send the withdrawal notice before the period expires.

Effects of Withdrawal

  1. Upon withdrawal, the Seller will refund all payments received, including delivery costs (excluding additional delivery charges chosen by the Buyer), no later than 14 days after being informed of the withdrawal.
  2. The refund will be issued using the same payment method used in the original transaction unless otherwise agreed, with no fees charged for the refund.
  3. If the Seller does not offer to collect the product, they may withhold the refund until they receive the returned goods or proof of their return, whichever comes first.
  4. The Buyer must return the goods to Komierowska 27, 89-400 Sępólno Krajeńskie, Poland, within 14 days of notifying the Seller.
  5. The Buyer bears the direct cost of returning the goods.
  6. The Buyer is only liable for any diminished value resulting from handling other than necessary to establish the nature, characteristics, and functioning of the goods.
  7. If the goods cannot be returned by regular post due to their nature, the Buyer may have to bear additional return costs, which are specified during the ordering process or in the product description.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to contracts:

  1. for non-prefabricated goods made to the Buyer’s specifications or clearly personalized;
  2. for goods that are perishable or have a short shelf life;
  3. for sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery;
  4. for goods that become inseparably mixed with other items after delivery;
  5. for sealed audio or video recordings or computer software if unsealed after delivery;
  6. for newspapers, periodicals, or magazines (except subscription contracts);
  7. where the price depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal deadline.

§ 9 COMPLAINTS

I. GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for compliance of the goods with the contract, as provided by applicable law, especially the Consumer Rights Act.
  2. Complaints can be submitted via the contact details provided in §2.
  3. If a warranty is granted, details are available in the product description.
  4. Complaints regarding Store functionality should be sent via email to the address in §2.
  5. The Seller will respond to complaints within 14 days of receipt.

II. PRIVILEGED BUYERS – GOODS

  1. If the goods are not in conformity with the contract, the Privileged Buyer may invoke the rights under Chapter 5a of the Consumer Rights Act.
  2. The Seller is liable for non-conformity that existed at the time of delivery and becomes apparent within two years unless a longer shelf life is specified.
  3. The Buyer may request:
    • replacement of the goods,
    • repair of the goods.
  4. Additionally, the Buyer may declare:
    • a price reduction, or
    • withdrawal from the contract if:
      • the Seller refuses to bring the goods into conformity;
      • the Seller fails to do so in time or without significant inconvenience;
      • the non-conformity persists;
      • the non-conformity is so substantial that it justifies immediate withdrawal;
      • it is evident the Seller will not restore conformity in a reasonable time or without inconvenience.
  5. The Buyer must provide the Seller with the goods for repair or replacement. The Seller will collect them at their own expense.
  6. The Buyer cannot withdraw from the contract if the non-conformity is minor.
  7. In case of withdrawal, the goods should be returned immediately to Komierowska 27, 89-400 Sępólno Krajeńskie. The Seller refunds the price within 14 days of receiving the goods or proof of their return.
  8. If the price is reduced, the Seller refunds the reduced amount within 14 days of receiving the declaration.

Out-of-court dispute resolution options include:

  • Mediation through the Provincial Inspectorate of Trade Inspection;
  • Arbitration by the Permanent Consumer Arbitration Court;
  • Assistance from the municipal or district consumer ombudsman;
  • ODR platform: https://ec.europa.eu/consumers/odr/

III. NON-PRIVILEGED BUYERS

The Seller’s liability to Buyers who are not Privileged Buyers is limited in accordance with §11 section 5.

§ 10 PERSONAL DATA

  1. The Seller is the controller of the personal data provided by the Buyer during Store use.
  2. Detailed information about data processing is available in the Privacy Policy accessible on the Store’s website, in line with the GDPR.
  3. Data is processed for order fulfillment. The legal basis includes:
    • contract execution (Art. 6(1)(b) GDPR),
    • legal obligation (Art. 6(1)(c) GDPR),
    • legitimate interests (Art. 6(1)(f) GDPR) such as claims handling.
  4. Providing data is voluntary but required to place an order.
  5. Data is processed until:
    • the contract expires;
    • legal obligations cease;
    • claim time limits expire;
    • the Buyer objects (if processing is based on legitimate interest).
  6. The Buyer has the right to:
    • access, rectify, delete, restrict processing, and transfer their data;
    • object to processing due to their particular situation (Art. 6(1)(f) GDPR).
  7. To exercise rights, contact the Seller as specified in §2.
  8. Complaints about data processing can be submitted to the Polish Data Protection Authority (UODO).

§ 11 FINAL PROVISIONS

  1. It is prohibited to provide unlawful content via the Store.
  2. Each order is treated as a separate contract requiring acceptance of these Terms.
  3. Contracts under these Terms are concluded in Polish.
  4. In disputes with non-Privileged Buyers, the competent court is the one with jurisdiction over the Seller’s registered office.
  5. The Seller’s liability to non-Privileged Buyers is excluded to the extent permitted by law.

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