Terms and conditions of online store hamono.pl

CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
TERMS AND CONDITIONS OF CONTRACT OF SALE
METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
COMPLAINT HANDLING PROCEDURE
OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL
CONTRACTUAL RIGHT OF WITHDRAWAL
PROVISIONS FOR ENTREPRENEURS
PRODUCT REVIEWS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

1. GENERAL PROVISIONS

1.1. The Internet store available at the Internet address www.hamono.pl is run by AGNIESZKA DRĄCZKOWSKA-GRADZIK conducting business activity under the name HAMONO AGNIESZKA DRĄCZKOWSKA-GRADZIK registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: business address: ul. Batalionów Chłopskich 37/4, 81-415 Gdynia and address for delivery: ul. gen. Jarosława Dąbrowskiego 67/2, 81-417 Gdynia, NIP 5862214500, REGON 524335516, e-mail address: [email protected], telephone number: 794113882.
1.2. These Regulations are addressed both to consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.3. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Vendor’s statutory obligations).
1.4 Definitions:
1.4.1. BLOG – Electronic Service, an online blog available on the Website for its Service Recipients allowing them to view the Service Provider’s entries, in particular concerning its activities and the Products offered.
1.4.1..4.2. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
1.4.3. REGISTRATION FORM – a form available in the Online Store that allows creating an Account.
1.4.4. ORDER FORM – an Electronic Service, an interactive form available at the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has entered into or intends to enter into a Sales Agreement with the Seller.
1.4.6. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.7. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Shop are stored.
1.4.8. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclic content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.9. PRODUCT – (1) a movable thing (including a movable thing with digital elements, i.e. containing digital content or digital service or connected to them in such a way that the absence of digital content or digital service would prevent its proper functioning) or (2) a service (including digital and non-digital service) being the subject of a Sales Agreement between the Customer and the Seller.
1.4.10. CONDITIONS AND REGULATIONS – these Regulations of the Internet Shop.
1.4.11. INTERNET SHOP – the Service Provider’s Internet store available at the following Internet address: www.hamono.pl.
1..4.12. SELLER; SERVICE PROVIDER – AGNIESZKA DRĄCZKOWSKA-GRADZIK conducting business activity under the name HAMONO AGNIESZKA DRĄCZKOWSKA-GRADZIK registered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the minister competent for economy, having: address of place of business: ul. Batalionów Chłopskich 37/4, 81-415 Gdynia and address for delivery: ul. gen. Jarosława Dąbrowskiego 67/2, 81-417 Gdynia, NIP 5862214500, REGON 524335516, e-mail address: [email protected], telephone number: 794113882.
1.4.13. SALE AGREEMENT – an agreement for the sale of a Product (in the case of movables and movables with digital elements), (2) an agreement for the delivery of a Product (in the case of digital content or digital service), (3) an agreement for the provision or use of a Product (in the case of non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
1.4.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store and which is not a Product.
1.4.15. SERVICE PROVIDER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.16. CONSUMER RIGHTS ACT – the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended)
1.4.17. ORDER – a declaration of will of the Customer made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available at the Web Store: Blog, Account, Order Form and Newsletter.
2.1.1. Browsing of the Blog is possible by going to the “Blog” tab visible on the Website. The Blog is available free of charge to all visitors to the Website without the need to provide any data or perform any other actions. As part of the Blog, the Owner publishes articles related to the subject matter of the Website.
2.1.1.1. The Customer has the ability, at any time and without giving any reason, to stop using the Blog by closing the Internet browser.
2.1.2. Account – the use of the Account is possible after the Customer performs a total of two consecutive steps – (1) completing the Registration Form, (2) clicking on the “Registration” field. In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: e-mail address and password. The Customer may also create an account through the use of his/her Facebook or Google account – such action requires clicking – respectively – the button “Log in via Facebook” or “Log in via Google account”.
2.1.2.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: Gen. Jaroslaw Dabrowskiego 67/2, 81-417 Gdynia.
2.1.3. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I buy and pay” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name, surname, address (street name, building/house number, postal code, city), contact telephone number, e-mail address and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also possible to provide company name and Tax Identification Number.
2.1.3.1. The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
2.1.4. Newsletter – use of the Newsletter shall be made by providing in the form on the home page of the Online Store in the field “Newsletter” the e-mail address and clicking the field “Subscribe” – upon clicking the field “Subscribe” the Customer shall be subscribed to the Newsletter.
2.1.4.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: Gen. Jaroslaw Dabrowskiego 67/2, 81-417 Gdynia.
2.2. Technical requirements necessary for cooperation with the teleinformation system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable in the web browser the ability to save cookies and support Javascript.
2.3 The Customer is obliged to use the Online Store in a manner consistent with the law and good morals with a view to respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of content of an unlawful nature.
2.4 The procedure for complaints relating to Electronic Services is indicated in Section. 6. Regulations.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order using the Order Form in the Online Store in accordance with point. 2.1.3. Regulations.
3.2. The price of the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
3..3 Procedure for concluding a Sales Agreement on the Online Store using the Order Form
3.3.1 The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an order on the Online Store in accordance with item. 2.1.3. Regulations.
3.3.2. After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item. 3.3.2. Regulations. The content of the Sales Agreement is further recorded and secured in the computer system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:
4.1.1 Payment in cash on delivery at the time of collection of the parcel.
4.1.2 Payment by bank transfer to the Seller’s bank account.
4.1.3. electronic payments and payment card payments through the przelewy24.pl website – the possible current payment methods are specified on the Online Store website in the information tab concerning payment methods and on the https://www.przelewy24.pl/ website.
4.1.3.1. Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice through the przelewy24.pl website. Handling of electronic payments and payment cards is carried out by:
4.1.3.1.1. przelewy24.pl – PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000347935, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań VIII Economic Department of the National Court Register, share capital in the amount of 5,476,300.00 PLN, NIP: 7792369887, REGON: 301345068.
4.1.4. Installment payments – payment is made in whole or in part with funds from a loan granted by:
4.1.4.1. the company ALIOR BANK SPÓŁKA AKCYJNA (ALIOR BANK SPÓŁKA AKCYJNA with its registered office in Warsaw, Łopuszańska Street, No. 38D, 02-232 Warsaw, share capital of PLN 725,216,080.00 (paid in full), registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register.st. of Warsaw in Warsaw, XIII Economic Division of the National Court Register under the KRS number: 0000305178, NIP: 1070010731, REGON: 141387142).
4.1.4.2. the MBANK SPÓŁKA AKCYJNA company with its registered office in Warsaw (registered office address: ul. Senatorska 18, 00-950 Warsaw), registered in the Register of Entrepreneurs of the National Court Register under the KRS number: 0000025237, registration file kept by the District Court for the Capital City of Warsaw, XII Economic Division of the National Court Register. Warsaw, XII Economic Department of the National Court Register, share capital PLN 168,840,628.00 (paid in full), NIP: 5260215088, REGON: 001254524.
4.1.5. Deferred payment – payment is made via Paypo.pl – possible current payment methods are specified on the website of the Internet Shop in the information tab concerning payment methods and on the website https://www.paypo.pl/. The payment is made in whole or in part with funds from a loan granted by PAYPO Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its registered office in Warsaw (registered office address: 39 Domaniewska St., 02-672 Warsaw), registered in the Register of Entrepreneurs of the National Court Register under the number 0000575158, registration files kept by the District Court for the m.st. of Warsaw in Warsaw XIII Economic Division of the National Court Register, share capital of PLN 1,075,650.00, NIP: 5213705997, REGON: 362485126. The Company is registered in the Register of Loan Institutions under number RIP000135 and in the Register of Small Payment Institutions under number MIP43/2019 kept by the Polish Financial Supervision Authority.
4.2. Payment term:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay cash on delivery or cash on delivery in person, the Customer is obliged to make payment on delivery.

5. THE COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

5.1. Delivery of the Product is available in the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during Order placement, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.3. The Seller provides the Client with the following methods of delivery of the Product:
5.3.1. courier delivery, cash on delivery.
5.3.2. parcel delivery.
5.4. The Product delivery term to the Client is up to 7 Business Days, unless a shorter term is specified in the Product description or during the Order placement. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 7 Business Days. The start of the Product delivery period to the Customer is calculated as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.4.2. If the Customer chooses the method of payment by cash on delivery – from the date of conclusion of the Sales Agreement.
5..4.3. in case of selection by the Customer of a method of payment in the installment system – from the date of notification to the Seller by the lender of the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller’s bank account with the funds from the credit granted to the Customer.

6. PROCEDURE FOR HANDLING COMPLAINTS

6.1. This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be submitted, for example:
6.2.1. in writing to the address: ul. gen. Jarosława Dąbrowskiego 67/2, 81-417 Gdynia.;
6.2.2. in electronic form via e-mail to: [email protected].
6.3. Sending or returning the Product as part of the complaint can be made to: Gen. Jaroslaw Dabrowskiego 67/2, 81-417 Gdynia.
6.4. It is recommended to provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of irregularities or non-conformity with the contract; (2) the demand for a method of bringing the product into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5 If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Seller.
6.6 The complaint may be accompanied by evidence (e.g. photos, documents or Product) related to the subject of the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and accelerate the processing of the complaint by the Seller.
6.7. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are set forth in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller’s liability, as provided by law, for the Product’s compliance with the Sales Agreement is indicated below:
6.8.1 In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023, the provisions of the Consumer Rights Act in the wording in force as of January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act, shall determine. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised when the Product is under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in another place concerning the granting of the warranty. The Seller indicates that in case of non-compliance of the Product with the contract, the Customer is entitled by law to legal remedies from the side and at the expense of the Seller, and that the warranty does not affect these legal remedies.
6.10. The provisions contained in section 6.8.1. of the Terms and Conditions regarding the consumer shall also apply to the Customer who is a natural person concluding an agreement directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Out-of-court dispute resolution methods include (1) allowing the parties’ positions to be brought closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (conciliation court). Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2 There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The point can be contacted by consumers: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: [email protected] or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3 The consumer has the following examples of out-of-court ways of handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at [email protected] and at the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator’s tariff).
7.4 At http://ec.europa.eu/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. RIGHT OF WITHDRAWAL

8.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
8.1.1. in writing to the address: ul. gen. Jarosława Dąbrowskiego 67/2, 81-417 Gdynia.;
8.1.2. in electronic form via e-mail to: [email protected].
8.2. Return of the Product – movables (including movables with digital elements) within the withdrawal from the contract may be made to the address: ul. gen. Jarosława Dąbrowskiego 67/2, 81-417 Gdynia.
8.3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in sec. 13 of the Regulations. The consumer may use the sample form, but it is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for the contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third person indicated by him/her other than the carrier, and in the case of a contract that: (1) includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists of regular delivery of Products for a specified period – from taking possession of the first Product;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.
8.6 Products – movables, including movables with digital elements:
8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product – movables, including movables with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.2 In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
8.6.3. The consumer shall be liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7 Possible costs associated with withdrawal from the contract by the consumer, which the consumer is obliged to bear:
8.7.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.7.2 In the case of Products – movable items (including movable items with digital elements) – the consumer shall bear the direct costs of returning the Product.
8.7.3 In the case of a Product – service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled performance.
8.8. The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:
8.8.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service, that after the performance by the Seller, he will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – non-refabricated, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – delivered in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products – movables (including movables with digital elements) – which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products – movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Law on Consumer Rights; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.9 The consumer provisions contained in this Section 8 of the Terms and Conditions shall apply to contracts concluded from January 1, 2021. also to a Customer or Client who is a natural person entering into a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. CONTRACTUAL RIGHT OF WITHDRAWAL

9.1. Notwithstanding the statutory right to withdraw from the contract without stating a reason, referred to in sec. 8 of the Terms and Conditions and the right of complaint referred to in sec. 6 of the Terms and Conditions, a Customer who is a consumer who has entered into a Product Sales Contract may exercise his/her contractual right of withdrawal under the terms and conditions indicated in this clause of the Terms and Conditions.
9.2 Under the contractual right of withdrawal, a consumer may withdraw from a Product Sales Contract without giving any reason also after the expiration of the 14-day period for withdrawal indicated in clause. 8 of the Terms and Conditions, but before the expiration of 30 calendar days from the date of receipt of the Product, provided that the consumer meets the following requirements together: (1) absence of traces of use and damage to the returned Product; and (2) return of the Product in the original packaging in which it was delivered by the Seller.
9.3 In order to meet the deadline for withdrawal from the Sales Agreement under this section of the Terms and Conditions, it is necessary that the Seller receives the consumer’s statement of withdrawal together with the returned Product before its expiration.
9.4 In the event that the consumer exercises the contractual right of withdrawal in accordance with this clause of the Terms and Conditions, the Seller shall refund the price of the Sales Agreement to the consumer, excluding the cost of delivery of the Product to the consumer.
9.5 The consumer shall be liable for any diminution in the value of the Product, including that resulting from the consumer’s damage to the original tags, label, and packaging of the Product.
9.6 In matters not regulated in this clause, clause. 8 of the Regulations on the statutory right of withdrawal, in particular with regard to the beginning of the period for withdrawal, the effects and costs of withdrawal and exceptions to the right of withdrawal.

10. PROVISIONS FOR ENTREPRENEURS

10.1. This Section 10 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
10.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
10.3. The Seller’s liability under the warranty for the Product or the Product’s non-compliance with the Sales Agreement shall be excluded.
10.4. The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.
10.5. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part and regardless of the payment method selected by the Client and the fact of concluding a Sales Agreement.
10.6 The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Customer.
10.7 The Service Provider’s/Seller’s liability to the Customer/Client, regardless of its legal basis, is limited – both as a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.
10.8 Any disputes arising between the Seller/Service Provider and the Client/Customer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

11. PRODUCT REVIEWS

11.1. The Seller allows its Customers to issue and access reviews of the Products and the Online Store under the terms of this section of the Terms and Conditions.
11.2. Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or photo of the Product – if such an option is available in the opinion form.
11.3. An opinion about a Product may be issued only for the actually purchased Products in the Seller’s Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing an opinion about a Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
11.4. Adding opinions by Clients may not be used for illegal activities, in particular, for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Client is obliged to act in accordance with the law, these Terms and Conditions and good morals.
11.5. Opinions can be made available directly on the website of the Online Store (e.g. next to a given Product) or in an external service collecting opinions, with which the Seller cooperates and to which it is linked on the website of the Online Store (including through an external widget placed on the website of the Online Store).
11.6. The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the opinions come from its Customers:
11.6.1 The publication of an opinion issued using a form available directly on the website of the Online Store requires prior verification by the Seller. Verification consists in checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving the opinion is a Customer of the Online Store – in this case the Seller checks whether the person has made a purchase at the Online Store, and in the case of an opinion on a Product, additionally checks whether he/she has purchased the Product under review. Verification takes place without undue delay.
11.6.2. The Seller sends its Customers (including through an external opinion-gathering service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase – in this way, access to the opinion form is granted only to the Customer who purchased the Product from the Online Store.
11.6.3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties whether a given opinion comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the Product under review.
11.7. Any comments, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.
11.8 The Seller does not post or have another person post false opinions or recommendations of Customers, and does not distort opinions or recommendations of Customers in order to promote their Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.

12. FINAL PROVISIONS

12.1. Contracts concluded through the Online Store are concluded in the Polish language.
12.2 Change of Terms and Conditions:
12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; changes in the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counteract unforeseen and imminent threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
12.2.2. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without observance of the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall be effective immediately, unless a longer period for implementation of changes is possible or necessary, which shall be notified by the Service Provider in each case.
12.2.3 In the case of contracts of a continuous nature (e.g., provision of an Electronic Service – Account), the Customer shall have the right to terminate the contract with the Service Provider before the expiration of the notification period for the proposed changes. Such termination shall become effective within 15 days of receipt of the notice. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if he has been properly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes being made and thus waive the continuation of the notification period. In the case of conclusion of an agreement of a different nature than continuous contracts, the changes to the Terms and Conditions will not in any way affect the rights acquired by the Customer prior to the effective date of the changes to the Terms and Conditions, in particular, the changes to the Terms and Conditions will not affect the Orders already placed or submitted and the Sales Agreements concluded, executed or performed.
12.2.4. In the event that the change to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the agreement.
12.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of commonly applicable law.

13. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE LAW ON CONSUMER RIGHTS)

Model withdrawal form
(this form should be filled out and sent back only if you wish to withdraw from the contract)
– Addressee:
HAMONO AGNIESZKA DRĄCZKOWSKA-GRADZIK
ul. gen. Jarosława Dąbrowskiego 67/2, 81-417 Gdynia
hamono.pl
[email protected]
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) contract of delivery of the following goods(*) contract of workmanship of the following goods(*)/provision of the following service(*)

– Date of conclusion of the agreement(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as necessary.