Online Store Regulations
1. General Provisions
This Regulation specifies the general terms, rules, and methods of sales conducted by Marcin Widliński, conducting business under the name HERA MODA STUDIO SP.Z O.O. SPÓŁKA KOMANDYTOWA, with its registered office at ul.Wileńska 11, 94-022 Łódź, through the online store HERA Moda Studio, Plac Dominikański 3, 50-159 Wrocław. It also defines the rules and conditions for the provision of free electronic services by Marcin Widliński, conducting business under the name HERA MODA STUDIO SP.Z O.O. SPÓŁKA KOMANDYTOWA, ul.Wileńska 11, 94-022 Łódź.
§ 1 Definitions
- Business Days - means weekdays from Monday to Friday, excluding public holidays.
- Delivery - means the actual action of delivering the Goods specified in the order to the Customer by the Seller through the Supplier.
- Supplier - means an entity with which the Seller cooperates in the delivery of Goods:
- UPS courier company;
- Polish Post with its registered office in Warsaw.
- Password - means a sequence of alphanumeric or other characters chosen by the Customer during Registration on the Online Store, used to secure access to the Customer's Account in the Online Store.
- Customer - means an entity for whom, in accordance with the Regulations and legal regulations, electronic services can be provided or with whom a Sales Agreement can be concluded.
- Consumer - means a natural person performing a legal act not directly related to its business or professional activity with the Entrepreneur.
- Customer's Account - means an individual panel created for each Customer by the Seller, after the Customer has registered and concluded an agreement to provide the Customer Account service.
- Login - means the individual designation of the Customer, established by them, consisting of a sequence of alphanumeric characters, digital or other, required along with the Password to create a Customer Account in the Online Store. The Login is the Customer's proper email address.
- Entrepreneur - means a natural person, a legal person, or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity.
- Regulations - means these regulations.
- Registration - means the actual action carried out in the manner specified in the Regulations, required to use all the functionalities of the Online Store by the Customer.
- Seller - means Marcin Widliński conducting business under the name HERA MODA STUDIO SP.Z O.O. SPÓŁKA KOMANDYTOWA with its registered office at ul.Wileńska 11, 94-022 Łódź NIP: 727 230 27 30, REGON: 471652953, entered into the Central Register and Information on Economic Activity kept by the Minister of Entrepreneurship and Technology; email: sklep@hera, also the owner of the Online Store.
- Online Store Website - means the websites under which the Seller operates the Online Store, operating at the www.hera.com.pl domain.
- Goods - means a product presented by the Seller through the Online Store's Website, which may be the subject of a Sales Agreement.
- Durable Medium - means a material or tool that allows the Customer or the Seller to store information personally addressed to them in a way that allows access to information in the future for a period appropriate to the purposes for which these information are used, and which allows the stored information to be reproduced unchanged.
- Sales Agreement - means a distance contract concluded within the meaning of the Regulations, between the Customer and the Seller.
§ 2 General Provisions and Use of the Online Store
- All rights to the Online Store, including intellectual property rights, rights to its name, its internet domain, the Online Store's Website, as well as patterns, forms, logos posted on the Online Store's Website (excluding logos and photos presented on the Online Store's Website for the purpose of presenting goods, for which copyright belongs to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the Seller's consent given in writing.
- The Seller uses "cookies" files, which, during the Customer's use of the Online Store's Website, are stored by the Seller's server on the end device's hard drive. The use of "cookies" is to ensure the proper functioning of the Online Store's Website on the Customer's end devices. This mechanism does not destroy the Customer's end device or make any configuration changes in the Customer's end devices or in the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller points out that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store's Website.
- In order to place an order in the Online Store through the Online Store's Website and to use services provided electronically through the Online Store's Website, the Customer must have an active email account.
- It is prohibited for the Customer to provide content of an unlawful nature and to use the Online Store, the Online Store's Website, or free services provided by the Seller in a manner contrary to law, good practices, or infringing the personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of acquiring and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus and identity protection programs for people using the Internet. The Seller never asks the Customer to provide them with the Password in any form.
§ 3 Registration
- To create a Customer Account, the Customer is obliged to make a free Registration.
- Registration is not required to place an order in the Online Store.
- To Register, the Customer should fill out the registration form made available by the Seller on the Online Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
- While completing the registration form, the Customer has the opportunity to familiarize themselves with the Regulations, accepting its content by marking the appropriate field in the form.
- During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by marking the appropriate field in the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the entities to whom the Seller knows or intends to transfer this data.
- The Customer's consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service electronically. The consent can be withdrawn at any time by submitting a relevant declaration to the Seller by the Customer. The statement can, for example, be sent to the Seller via email.
- After sending the completed registration form, the Customer immediately receives confirmation of Registration by the Seller electronically to the email address provided in the registration form. At that moment, an agreement to provide the Customer Account service electronically is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration.
§ 4 Orders
- The information on the Online Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code but only an invitation for Customers to submit offers to conclude a Sales Agreement.
- The Customer can place orders in the Online Store through the Online Store's Website 7 days a week, 24 hours a day.
- The Customer placing an order through the Online Store's Website completes the order by selecting the Goods they are interested in. Adding the Goods to the order is done by selecting the "ADD TO CART" command under the given Goods presented on the Online Store's Website. After completing the entire order and indicating the method of Delivery and form of payment in the "CART," the Customer places the order by submitting the order form to the Seller, selecting the "BUY AND PAY" button on the Online Store's Website. Each time before sending the order to the Seller, the Customer is informed on the Online Store's Website about the total price for the selected Goods and Delivery, as well as any additional costs that the Customer is obliged to incur in connection with the Sales Agreement.
- Placing an order constitutes the Customer's submission of an offer to the Seller to conclude a Sales Agreement for the Goods covered by the order.
- After placing the order, the Seller sends a confirmation of its submission to the Customer's email address provided in the order.
- Subsequently, after confirming the order, the Seller sends information about accepting the order for execution to the email address provided by the Customer. Information about accepting the order for execution is a statement by the Seller accepting the offer referred to in §4 para. 4 above, and from the moment the Customer receives it, a Sales Agreement is concluded.
- After concluding the Sales Agreement, the Seller confirms its conditions to the Customer, sending them on a Durable Medium to the Customer's email address or in writing to the one provided by the Customer during Registration or when placing the order.
§ 5 Payments
- Prices on the Online Store's Website listed for a given Goods are gross prices and do not include information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, which the Customer will be informed about when choosing the method of Delivery and placing the order.
- The Customer can choose the following payment methods for the ordered Goods:
- a. bank transfer to the Seller's bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of accepting the order and after the funds are received on the Seller's bank account);
- b. bank transfer via an external PayU payment system, operated by PayU S.A. with its registered office in Poznań (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of accepting the order and after receiving information from PayU's system that the payment has been made by the Customer);
- c. cash on delivery, payment to the Supplier upon Delivery (in this case, the execution of the order will start after the Seller sends the Customer a confirmation of accepting the order).
- The Customer is informed by the Seller on the Online Store's Website about the deadline by which they are obliged to make a payment for the order in the amount resulting from the concluded Sales Agreement.
- In case of non-payment by the Customer within the deadline specified in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. The information about the additional deadline for payment also includes information that, after the expiry of this period, the Seller will withdraw from the Sales Agreement. In the event of an ineffective expiry of the second deadline for payment, the Seller will send the Customer a statement of withdrawal from the agreement under art. 491 of the Civil Code on a Durable Medium.
§ 6 Delivery
- The Seller provides Delivery within the territory of the Republic of Poland.
- The Seller is obliged to deliver the Goods, which are the subject of the Sales Agreement, free from defects.
- The Seller posts on the Online Store's Website information about the number of Business Days needed for Delivery and order fulfillment.
- The term of Delivery and order fulfillment specified on the Online Store's Website is calculated in Business Days in accordance with §5 para. 2 of the Regulations.
- The term of Delivery and order fulfillment specified on the Online Store's Website is calculated in Business Days from the date of conclusion of the Sales Agreement in the case of the Customer choosing the "cash on delivery" payment option.
- The ordered Goods are delivered to the Customer through the Supplier to the address provided in the order form.
- On the day of dispatching the Goods to the Customer, confirmation of dispatch is sent to the Customer's email address.
- The Customer is obliged to examine the delivered shipment in a manner and in a way adopted for shipments of this type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier draw up the appropriate protocol.
- The Seller sends the VAT invoice covering the delivered Goods to the Customer's email address provided in the registration form, in the form of an electronic file in PDF format. To open the file, the Customer should have free software compatible with the PDF format. The Seller recommends Adobe Acrobat Reader, which can be downloaded for free from http://www.adobe.com.
- The Seller includes in the shipment being the subject of the Delivery, a proof of purchase covering the delivered Goods.
- In the event of the Customer's absence at the address indicated by them during the order placement as the Delivery address, the Carrier's employee will leave a notice or attempt a phone contact to arrange a time when the Customer will be present. In case the ordered Goods are returned to the Online Store by the Carrier, the Seller will contact the Customer via electronic means or by phone, determining the Delivery time and cost with the Customer again.
§ 7 Warranty
- The Seller ensures the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer can:
- submit a statement about reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the defective Goods with defect-free ones or remove the defect. Instead of the removal proposed by the Seller, the Customer may demand replacement of the defective Goods with defect-free ones, or instead of replacing the Goods, request the removal of the defect, unless bringing the item into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free Goods, the type and significance of the found defect, and also take into account the inconvenience to which another method of satisfaction would expose the Customer.
- demand replacement of the defective Goods with defect-free ones or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or, compared to the second possible way of bringing the Goods into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement are covered by the Seller.
- The Customer exercising rights under the warranty is obliged to deliver the defective item to the Seller's address. In the case of a Consumer Customer, the cost of delivery is covered by the Seller.
- The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of issue of the Goods to the Customer. The claim for defect removal or replacement of the Goods with defect-free ones expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. During this period, the Customer may withdraw from the Sales Agreement or submit a statement about reducing the price due to the Goods defect. If the Customer demanded replacement of the Goods with defect-free ones or removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a statement about reducing the price starts from the moment the deadline for replacing the Goods or removing the defect expires unsuccessfully.
- The Seller enables the Consumer Customer to use out-of-court methods of dealing with complaints and pursuing claims. The authorized entity, competent for the Seller, is [information about the authorized entity, if applicable].
§ 8 Complaints
- All complaints related to the Goods or the performance of the Sales Agreement may be submitted in writing to the Seller's address.
- The Seller will respond to the complaint regarding the Goods or complaints related to the performance of the Sales Agreement submitted by the Customer within 14 days from the day of the complaint, indicating the Goods or services to which the complaint relates.
- The Customer may submit a complaint to the Seller regarding the use of free electronic services provided by the Seller. The complaint can be submitted electronically and sent to the email address firstname.lastname@example.org. In the complaint, the Customer should include a description of the problem. The Seller examines complaints immediately, but no later than within 14 days, and provides the Customer with a response.
§ 9 Guarantee
- Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods or the distributor.
- In the case of Goods covered by a guarantee, information about the existence and content of the guarantee is presented each time on the Store's Website.
§ 10 Withdrawal from the Sales Agreement
- A Consumer Customer who has entered into a Sales Agreement may withdraw from it within 14 days without giving any reason.
- The period for withdrawing from the Sales Agreement begins from the moment the Consumer takes possession of the Goods.
- The Consumer can withdraw from the Sales Agreement by submitting a statement to the Seller. This statement can be made in writing and sent to the Seller's address, or by email to the Seller's email address. The statement can be made on the form, the template of which is provided by the Seller on the Store's Website at: Withdrawal Form. To meet the deadline, it is enough to send the statement before its expiry.
- The Consumer may withdraw from the Sales Agreement by submitting a statement to the Seller via the electronic form available on the website: Electronic Withdrawal Form. To meet the deadline, it is enough to send the statement before its expiry. The Seller immediately confirms to the Consumer the receipt of the form submitted via the website.
- In the event of withdrawal from the Sales Agreement, it is considered null and void.
- If the Consumer has made a statement of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the date of receiving the Consumer's statement of withdrawal from the Sales Agreement, return all payments made by them, including the cost of delivering the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until the Goods are returned or until the Consumer provides proof of sending back the Goods, whichever occurs first.
- If the Consumer, using the right to withdraw, chose a method of delivery other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the day of withdrawal from the Sales Agreement. To meet the deadline, it is enough to send the Goods back to the Seller's address before the deadline. NOTE! We do not accept any packages sent cash on delivery.
- In the event of withdrawal, the Consumer Customer bears only the direct cost of returning the Goods.
- If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer about the cost of returning the Goods on the Store's Website.
- The Consumer is liable for any diminished value of the Goods resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
- The Seller refunds payments using the same payment methods that the Consumer used, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for them.
- The right to withdraw from the Sales Agreement does not apply to the Consumer Customer in relation to contracts in which the subject of the contract is an unprefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individual needs.
§ 11 Free Services
- The Seller provides free electronic services to Customers:
- Customer Account Management.
- The services specified in §11 para. 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time, and method of providing access to selected services mentioned above, of which it will inform the Customers in a manner appropriate to amend the Regulations.
- Any Customer can use the Newsletter service by providing their email address using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer will receive an electronic link to the email address provided in the registration form immediately, to confirm the subscription to the Newsletter. Upon activation of the link by the Customer, an agreement is concluded for the provision of the Newsletter service electronically.
- The Customer can additionally during the Registration select the appropriate checkbox in the registration form to subscribe to the Newsletter service.
- The Newsletter service consists of sending by the Seller, to the email address, electronic messages containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
- Each Newsletter sent to specific Customers contains, in particular, information about the sender, the filled-in "subject" field specifying the content of the shipment, and information about the possibility and method of resigning from the free Newsletter service.
- The Customer can unsubscribe from receiving the Newsletter at any time by unsubscribing through the link provided in each email sent as part of the Newsletter service or by deactivating the appropriate checkbox in the Customer Account.
- The Customer Account Management service is available after Registration, based on the principles described in the Regulations, and involves providing the Customer with a dedicated panel within the Store's Website, enabling the Customer to modify the data provided during Registration, as well as track the status of orders and the history of already completed orders.
- The Customer who has registered can request the deletion of the Customer Account from the Seller, and in the case of the Seller reporting a request to delete the Customer Account, it can be deleted within 14 days from the request.
- The Seller has the right to block access to the Customer Account and free services, in case of action by the Customer to the detriment of the Seller or other Customers, violation of the law by the Customer, or provisions of the Regulations, and when blocking access to the Customer Account and free services is justified for security reasons, in particular: bypassing the security of the Store's Website by the Customer or other hacker activities. Blocking access to the Customer Account and free services for the reasons mentioned above lasts for the time necessary to resolve the issue that is the basis for blocking access to the Customer Account and free services. The Seller informs the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 12 Personal Data Protection
§ 13 Termination of the Agreement (does not apply to Sales Agreements)
- Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
- The Customer who has registered terminates the agreement for the provision of electronic services by sending the Seller a relevant declaration of will using any distance communication means allowing the Seller to become acquainted with the Customer's statement of will.
- The Seller terminates the agreement for the provision of electronic services by sending the Customer a relevant declaration of will to the email address provided by the Customer during Registration.
§ 14 Final Provisions
- The Seller is liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller is liable only if the damage was intentionally caused and within the limits of the actual losses incurred by the Entrepreneur Customer.
- The content of this Regulation may be recorded by printing, saving on a carrier, or downloaded at any time from the Store's Website.
- In the event of a dispute arising from the concluded Sales Agreement, the parties will seek an amicable resolution. The law applicable to the resolution of any disputes arising from this Regulation is Polish law.
- The Seller informs the Consumer Customer about the possibility of using out-of-court methods of dealing with complaints and redress. The principles of access to these procedures are available at the premises or on the websites of entities authorized to resolve out-of-court consumer disputes. These can be, in particular, consumer rights advocates or Voivodeship Inspectorates of the Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection.
- The Seller informs that the online platform for resolving disputes between consumers and entrepreneurs at the EU level is available at http://ec.europa.eu/consumers/odr/.
- The Seller reserves the right to change this Regulation. All orders accepted by the Seller for execution before the effective date of the new Regulation are implemented based on the Regulation that was in force on the day the Customer placed the order. The change to the Regulation enters into force within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the new Regulation comes into force about the change in the Regulation by sending an electronic message containing a link to the amended Regulation. If the Customer does not accept the new content of the Regulation, they are obliged to notify the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of §13 of the Regulation.
- The Regulation comes into force on October 8 2019.