The Seller provides the Services in accordance with these Terms and Conditions and the provisions of generally applicable law.
Services are provided via the Store’s website 24 hours a day, 7 days a week.
The Seller makes these Terms and Conditions available on the Store’s website and may also make them available in the Customer Account or attach them to emails containing statements on accepting Customers’ offers. Customers may, at any time, access, fix, obtain and reproduce the Terms and Conditions by printing or saving them to a data carrier.
The information provided on the Store’s website does not constitute an offer by the Seller within the meaning of Article 66 of the Civil Code, but only an invitation to Customers to submit offers to conclude a contract, pursuant to Article 71 of the Civil Code.
To use the Store, the Customer must have a telecommunications device with Internet access, a correctly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript enabled, as well as an active and correctly configured email account.
Using the Store may involve the Customer incurring costs for Internet access and data transmission, as set out in the agreement with the telecommunications operator whose services the Customer uses.
§2. Registration of an Account in the Store
The agreement for the provision of the Customer Account Service is concluded for an indefinite period at the moment the Seller confirms the registration of the Customer Account.
The subject of the Customer Account Service is to provide access to the Customer Account panel enabling, among other things, management of Customer data and orders.
To create a Customer Account, a voluntary and free registration must be completed by filling in and sending to the Seller a registration form made available in the area of the Store’s website.
A prerequisite for correctly completing the registration form is to fill in all mandatory and any optional fields using true, complete data or information relating to the Customer.
Before submitting the registration form, by ticking the appropriate field, the Customer should declare that they have read the Terms and Conditions and accept its provisions.
Before submitting the registration form, by ticking the appropriate field, the Customer may voluntarily declare that they consent to the processing of their personal data for marketing purposes by the Seller.
The Seller informs that the marketing purposes indicated above may include, in particular, the sending by the Seller of commercial information using the Customer’s contact details. The consent referred to in the preceding point may be withdrawn at any time.
Sending the registration form to the Seller is performed using the Store’s functionality and via the Store.
Use of the Customer Account is possible after it is created and then after logging in using the correct login and password.
Termination of the agreement for the provision of the Customer Account Service may be made without giving a reason and at any time, using its functionality or by sending a statement by the Customer on this matter to the Seller, e.g., by email or letter.
§3. Basic Store Functionalities
The Seller provides Customers with the following basic Store functionalities:
access to a contact form,
access to a Product search engine,
adding a Product to a wish list,
sharing Store resources.
To use the contact form functionality, fill in its required fields, enter the requested content and then send the message to the Seller. The Seller will respond without undue delay using the Store’s functionality, by phone or electronically via email.
To search for Products in the Store, enter the desired content in the Store’s search area and then confirm it. The functionality allows searching the Store’s resources using keywords entered by the Customer. Additionally, the functionality may allow advanced searches based on selected criteria.
To use the functionality of adding a Product to the wish list, after logging in to the Customer Account, add the Product to the wish list. The functionality allows temporarily saving, in the memory of the Customer Account, the website containing the Product’s advertising offer.
To use the functionality of sharing Store resources on social media, use the buttons assigned to those media, published in the area of the respective Store resources. To use this functionality, you must have a user account on the selected social media platforms.
§4. Orders Placed via the Store
Orders for Products may be placed via the Store’s website 7 days a week, 24 hours a day, using the Cart function. After completing the list of Products, the Customer proceeds to checkout in the Cart area.
If the Customer is a logged-in holder of a Customer Account, they proceed to the next stage of placing the order as a logged-in Customer.
If the Customer is not a logged-in holder of a Customer Account, they choose the method of placing the order:
using a Customer Account to be registered. In this case, the Customer registers a Customer Account and proceeds to the next stage using it,
without using a Customer Account. In this case, the Customer proceeds to the next stage,
using an existing Customer Account. In this case, the Customer proceeds to the next stage.
After selecting the method of placing the order, the Customer enters or selects:
billing information,
delivery information, including the method and address of Delivery,
payment method.
Before placing the order, the Customer is shown in the Cart the total price for the order including taxes and ancillary costs, in particular the costs of Delivery and payment.
Placing the order may be done by using the appropriate button in the Cart and is equivalent to the Customer submitting to the Seller an offer to conclude a Sales Agreement for the Products included in the order.
Before submitting the order form, by ticking the appropriate checkbox, the Customer should declare that they have read the Terms and Conditions and accept its provisions.
An order placed may be modified by the Customer until the moment the Customer receives information that the Products have been dispatched by the Seller.
Modifying an order may include its cancellation, partial cancellation, adding additional Products, or changing the Delivery address.
The Seller will promptly inform the Customer of the inability to accept the order if circumstances causing such inability occur. This information is provided by phone or electronically. The information may constitute a rejection of the offer in whole or contain the following proposals to modify the order:
rejection of the offer in the part impossible to perform, which results in recalculating the order value,
splitting the Products to be Delivered into a part that can be Delivered and a part to be delivered at a later date, which does not result in recalculating the order value.
Acceptance by the Seller of the Customer’s offer subject to a change referred to in the preceding point shall be deemed a new offer, requiring acceptance by the Customer in order to conclude the Sales Agreement.
Confirmation of order acceptance by the Seller is made by promptly sending an email. This message contains the terms of the Sales Agreement agreed by the parties, as well as the data entered by the Customer in the order form to enable detection of any errors. If such an error is detected, the Customer may notify the Seller by sending an email indicating the correct data.
Confirmation of order acceptance is equivalent to the Seller accepting the Customer’s offer to conclude a Sales Agreement.
§5. Telephone Orders
The Seller enables placing orders for the purchase of Products by telephone.
To place a telephone order for a Product, contact the Seller using the phone numbers provided on the Store’s website and then place the order orally.
Confirmation of acceptance of a telephone order by the Seller is made by promptly sending an email containing information on the content of the agreement being concluded. This message contains the terms of the Sales Agreement agreed by the parties, as well as the Customer’s data, to enable detection of any errors. If such an error is detected, the Customer may notify the Seller by sending an email indicating the correct data.
To conclude the Sales Agreement, the Customer must confirm the will to conclude it in response to the Seller’s message described above.
Confirmation of the will to conclude the Sales Agreement is equivalent to its conclusion.
§6. Sale
The Seller provides to Customers a distance Sales Service for Products.
The subject of the Sales Agreement includes the Seller’s obligation to transfer ownership of the Products to the Customer and deliver them, and the Customer’s obligation to collect the Products and pay the Seller the price of the Products.
The Seller reserves the right to conduct promotional campaigns consisting, in particular, of reducing the price of Products or Services until a specified date or until stocks of the promotional Products are exhausted.
By concluding the Sales Agreement, the Seller undertakes to [text in the original ends here].
The Sales Agreement is concluded at the moment the Seller confirms acceptance of the Customer’s order.
Delivery of the Products takes place within the time specified in the Product description.
The delivery time may change if the Customer modifies the order.
Delivery of the Products takes place:
if the Customer chooses Delivery via a Carrier, on Business Days to the address provided by the Customer,
if the Customer chooses personal collection of the Products, at the Store’s registered office on Business Days between 8:00 a.m. and 4:00 p.m.
Detailed information on available Delivery methods, Carriers and related costs is published on the Store’s website, and the Customer is informed of them during the ordering process.
Products will not be released earlier than after the Customer has made payment.
Confirmation that the Products have been handed over to the Carrier for Delivery may be made by sending an email to the Customer’s email address.
If the Customer chooses Delivery via a Carrier, it is recommended that the delivered shipment be inspected by the Customer in the presence of the Carrier.
If any damage to the shipment is found, the Customer has the right to request that the Carrier prepare an appropriate protocol.
§7. Payments
The amount payable for the Sale is determined on the basis of the price list of Products on the Seller’s website at the time the Product is ordered.
The prices shown on the Store’s website for a given Product are gross prices stated in Polish zloty and include VAT; they do not include the costs of Delivery and the selected payment method.
Transaction and Delivery costs are borne by the Customer.
The total order price, visible in the Cart before placing the order and after selecting the Delivery and payment method, includes the price for the ordered Products together with taxes and all ancillary costs, in particular Delivery and transaction costs.
The total order price is binding on the Seller and the Customer.
The Seller enables the following payment methods for Sales Services:
cash or payment card upon personal collection at the Store’s brick-and-mortar location,
cash or payment card on delivery collected by the Carrier,
traditional bank transfer to the Seller’s bank account number: 09 1090 2590 0000 0001 3167 8499,
via the external payment system Tpay.com, operated by Krajowy Integrator Płatności S.A., based in Poznań (61-808), ul. Św. Marcin 73/6, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000412357, NIP: 7773061579 and REGON: 300878437,
via the external payment system PayPal, operated by PayPal S.à r.l. et Cie, S.C.A., based in Luxembourg.
The Customer is obliged to make payment:
upon release of the Product – if payment in cash is chosen,
within 7 days – if a traditional bank transfer is chosen,
when placing the order – if an external payment system is chosen.
The Seller shall refund payments without undue delay, no later than within 14 days from the date the reason arises, in the event of:
withdrawal from the contract by a Consumer,
the Customer cancelling the order or part of the order paid before fulfillment,
the Seller recognizing a claim covered by a complaint in whole or in part under generally applicable provisions.
The refund is made using the same payment method that was used by the Customer in the original transaction, unless the Customer agrees to a different solution that does not involve any costs for them.
The Seller is not obliged to refund any additional Delivery costs incurred by the Customer if the Customer chose a Delivery method other than the cheapest standard Delivery method offered by the Seller.
§8. Newsletter
The Newsletter Service consists of the Seller sending commercial information to the Customer’s email address.
To order the Newsletter Service, use the appropriate newsletter activation field in the registration form or in another form made available by the Seller on the Store’s website.
A prerequisite for correctly ordering the Newsletter Service is to provide the Customer’s email address. Providing this data is voluntary, but necessary to provide the Service and conclude the agreement for it.
Before submitting the order form for the Newsletter Service, by ticking the appropriate checkbox, the Customer may voluntarily declare that they consent to the processing of their personal data for marketing purposes by the Seller.
The Seller informs that the marketing purposes indicated above may include, in particular, the sending by the Seller of commercial information using the Customer’s contact details. The consent referred to in the preceding point may be withdrawn at any time.
Sending the order form for the Newsletter Service to the Seller is performed using the Store’s functionality and via the Store.
The agreement for the provision of the Newsletter Service is concluded for an indefinite period at the moment the Seller confirms the Customer’s subscription to the newsletter list.
Termination of the agreement for the provision of the Newsletter Service may be made without giving a reason and at any time, including by using the Store’s functionality or by unsubscribing using the deactivation link included in the newsletter message, as well as by sending a statement by the Customer to the Seller, e.g., by email or letter.
§9. Warranties
Seller’s, Manufacturer’s or Distributor’s Warranty: Products may be covered by a warranty granted by the Seller, the Manufacturer or the Distributor.
Warranty Period and Scope: The Seller’s warranty is granted by the Seller for a period of 6 months, unless a longer period is provided for selected products. The warranty does not cover products containing electrical or electronic components. Warranty terms granted by the Manufacturer or the Distributor are determined by them. The Buyer may use one granted warranty.
§10. Exclusion of Statutory Warranty (Rękojmia)
The Seller excludes its liability under the statutory warranty for physical and legal defects of the sold goods to the extent permitted by applicable law, in accordance with Article 558 § 1 of the Civil Code, which is known to the Buyer and which the Buyer accepts knowingly, voluntarily and without remarks or reservations.
This exclusion of the statutory warranty applies to all transactions concluded between entrepreneurs.
By accepting these Terms and Conditions, the Buyer agrees to the exclusion of the Seller’s liability under the statutory warranty for physical and legal defects of the purchased goods.
The exclusion of the statutory warranty does not cover defects that the Seller knew about and did not inform the Buyer of.
§11. Complaints
Complaints may be submitted under the statutory warranty or under a contractual warranty, if granted.
If the Product is covered by a warranty, the Customer is entitled to complain about the Product using the rights arising from the warranty, by submitting the complaint via the Seller or directly to the warrantor. When a Consumer exercises rights under the warranty, the period for exercising rights under the statutory warranty is suspended on the date the Seller is notified of the defect. This period continues from the date the warrantor refuses to perform the obligations under the warranty or from the ineffective expiry of the time limit for their performance.
The right to use the rights arising from the statutory warranty exists regardless of any rights arising from a contractual warranty. Exercising any rights under a contractual warranty does not affect the Seller’s liability under the statutory warranty.
The statutory warranty for physical and legal defects of Products applies only to agreements concluded between the Seller and a Consumer.
A complaint under the statutory warranty may be submitted by letter or email to the Seller’s postal or electronic address. It may be submitted using a form, the template of which constitutes an appendix to the Terms and Conditions, but this is not mandatory.
It is recommended that a complaint under the statutory warranty include:
the Consumer’s contact details to enable a response to the complaint and related correspondence,
the Consumer’s bank account number to enable a refund, if applicable,
a description of the issue and the Consumer’s identification details.
If the complaint under the statutory warranty concerns a Product, in order for the Seller to consider the complaint, the Consumer is obliged to deliver or send the complained Product to the Seller’s address at the Seller’s cost.
The Seller considers complaints:
under the statutory warranty within 14 days from the date of submission,
under any contractual warranty within the period specified in the warranty terms.
The Seller will inform the Consumer about the manner of resolving the complaint:
under the statutory warranty by electronic means or by ordinary letter, depending on the Consumer’s choice or the method used to submit the complaint,
under any contractual warranty in the manner specified in the warranty terms.
If a complaint under the statutory warranty concerns a Product which, after the complaint has been considered, is to be sent to the Consumer, the Seller will deliver or send the Product to the Consumer’s address.
Refunds in connection with a complaint under the statutory warranty will be made by bank transfer or postal order, according to the Consumer’s choice.
Application of the statutory warranty is excluded with respect to Customers who are not Consumers.
§12. Out-of-Court Complaint Handling and Redress
The Consumer may use the following out-of-court methods of complaint handling and redress:
submitting a motion to resolve a dispute arising from a concluded Sales Agreement to a permanent consumer arbitration court operating at the Trade Inspection; the address by jurisdiction can be determined via the website of the Office of Competition and Consumer Protection, available at https://www.uokik.gov.pl/wazne_adresy.php#faq596,
submitting a motion to commence mediation proceedings for an amicable settlement of a dispute between the Consumer and the Seller to the provincial inspector of the Trade Inspection; the address by jurisdiction can be determined via the website of the Office of Competition and Consumer Protection, available at https://www.uokik.gov.pl/wazne_adresy.php#faq595,
seeking assistance from a county or municipal consumer ombudsman or a consumer protection association,
submitting a complaint via the EU ODR online platform available at http://ec.europa.eu/consumers/odr/, pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
Detailed information on the procedure for out-of-court complaint handling and redress and access rules to these procedures can be found at the premises and on the websites of the entities listed in point 1.
A list of entities and institutions that perform tasks related to out-of-court resolution of consumer disputes and detailed information on this subject are available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/.
§13. Right of Withdrawal
The provisions in this section regarding the Consumer’s right of withdrawal apply to a natural person concluding a contract directly related to their business activity, if the content of that contract shows that it does not have a professional nature for that person, arising in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Economic Activity.
The Consumer may withdraw from the contract, including a Sales Agreement, within 14 days without giving any reason, subject to the rules set out in the notice of the right of withdrawal, which constitutes an appendix to the Terms and Conditions.
The Consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal. The statement may be made on the form whose template constitutes an appendix to the Terms and Conditions.
Immediately, but no later than within 14 days from the day on which the Consumer withdrew from the contract, the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller. Sending the Product before the deadline is sufficient to meet the deadline. This provision does not apply if the Seller has offered to collect the Product themselves.
The Consumer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product.
In the event of withdrawal from the contract, the contract is deemed not concluded. If the Consumer submits a statement of withdrawal before the Seller has accepted their offer, the offer ceases to be binding.
§14. Data Processing and Cookies
Information on the conditions for processing personal data is provided in the Store’s Privacy and Cookies Policy.
Information on the cookies used is provided in the Store’s Privacy and Cookies Policy.
§15. License Terms
The Seller grants Customers using the Store a free license for personal use to enable use of the Store, subject to these terms.
The Store’s name, graphic design, structure, the Store itself, its source or compiled code, websites used to operate the Store and all documents prepared by the Seller in connection with making the Store available, including related works such as these Terms and any other documents or messages sent in connection with the provision of services, constitute works within the meaning of copyright law. The Seller does not transfer to the Customer economic copyrights to the Store or any works constituting its part, nor the right to grant permissions regarding the disposal and use of economic copyrights to these works or to the Store, nor to exercise other derivative rights not reserved in the license terms.
The right to use the Store and the works related to it applies to the following fields of exploitation: saving and reproducing in the memory of a telecommunications device at a place and time of one’s choosing, and accessing and displaying via a telecommunications device at a place and time of one’s choosing.
The Customer may not: lend, lease or resell the works or any part thereof; create derivative works based on them; make changes to the works; remove ownership or copyright information that may appear in the works; or use the works for purposes that violate generally applicable law or ethical and moral standards.
The license is unlimited in time, territorially unlimited and non-exclusive, and applies to the entire Store and works related to it. The Seller retains the exclusive right to decide on preserving the integrity of the Store.
By publishing any content in the Store, in particular comments or opinions, the Customer grants the Seller a free, time-unlimited, territorially unlimited and non-exclusive license to use them in the following fields of exploitation: publication on the Store’s website; saving and reproducing in the memory of a telecommunications device at a place and time of one’s choosing; accessing and displaying via a telecommunications device at a place and time of one’s choosing, with the right to grant sublicenses as referred to above, in order to enable Customers to use the Store.
The Customer acknowledges that it is prohibited to provide to or via the Store content that is:
unlawful,
likely to mislead other Customers,
infringing the personal rights of Customers, the Seller or third parties,
commonly considered offensive, vulgar or contrary to good morals, in particular: pornographic content, content promoting drug use or excessive alcohol consumption, content inciting racism, xenophobia or hatred.
The Seller is entitled to remove or moderate content that violates the provisions of the Terms and Conditions.
§16. Effect and Amendment of the Terms and Conditions
These Terms and Conditions enter into force 3 days from the date of their publication on the Store’s website.
The Terms and Conditions may be amended due to changes in laws relating to the subject of the Services, as well as due to technical or organizational changes to the services provided by the Seller.
An amendment to the Terms and Conditions is made by publishing their new content on the Store’s website.
An amendment to the Terms and Conditions does not affect Sales Agreements concluded before the date of the amendment.
Information about an amendment to the Terms and Conditions is published on the Store’s website 3 days before the date on which the amended version comes into effect.
The Seller sends information about an amendment to the Terms and Conditions by electronic means where the parties are bound by an agreement concluded for an indefinite period.
§17. Final Provisions
The meaning of terms written with a capital letter is in accordance with the explanations included in the section containing the definitions used in the Terms and Conditions.
The Seller is not liable for:
interruptions in the proper functioning of the Store and improper provision of Services caused by force majeure, in relation to Customers who are not Consumers,
interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or by reasons attributable to entities through which the Seller provides the Services,
lost profits of Customers who are not Consumers.
If an amicable resolution of a dispute between the Seller and a Customer who is not a Consumer, or a Consumer not residing in the territory of the Republic of Poland (where permitted by their national law), is not possible, the court having jurisdiction over the Seller’s registered office shall be competent to resolve the dispute.
With respect to Customers who are not Consumers, or Consumers not residing in the territory of the Republic of Poland, where permitted by their national law, the law of the Republic of Poland shall govern the performance of the agreement concluded with the Seller and the resolution of disputes arising therefrom.
The provisions of the Terms and Conditions are not intended to exclude or limit the rights of a Customer who is a Consumer arising from the provisions of their local generally applicable law.
With respect to agreements concluded with the Seller, in the event of a conflict between the Terms and Conditions and generally applicable law in the Consumer’s country, those legal provisions shall apply.
If any provisions of the Terms and Conditions prove to be invalid or ineffective, this does not affect the validity and effectiveness of the remaining provisions. In place of the invalid or ineffective provisions, a norm shall apply corresponding to what the parties have agreed or would have agreed if they had included such a provision in the Terms and Conditions.
§18. Definitions Used in the Terms and Conditions
Business Days means Monday to Friday, excluding public holidays.
Delivery means the process of delivering Products to the Customer to the destination designated by the Customer, carried out via a Carrier.
Customer means a natural person with full legal capacity, or with limited legal capacity in cases regulated by generally applicable law or with the consent of a legal representative, as well as a legal person or an organizational unit without legal personality to which generally applicable law grants legal capacity, who concludes with the Seller an agreement for the provision of a Service.
Customer Account means a panel enabling management of the Customer’s orders via the Store, subject to registration and login.
Cart means a Store functionality enabling the Customer to compile orders for Products.
Carrier means an entity providing Product Delivery services in cooperation with the Seller.
Terms and Conditions means these contractual terms, the subject of which is the provision of Services by electronic means by the Seller to Customers via the Store.
Store means the store operated by the Seller via the website available on the Internet at: hydroczesci.pl.
Seller means HYDRO - CZĘŚCI JAKUBIEC spółka jawna, with its registered office in Tyczyn (36-020), ul. Grunwaldzka 82, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000905455, NIP: 8133391713, REGON: 180028303, being the service provider, administrator and owner of the Store. The Seller can be contacted by phone at +48 17 229 37 05 and by email at [email protected].
Sale means the Service of selling Products provided by the Seller to the Customer, the subject of which is the Seller’s obligation to transfer ownership of the Products to the Customer and deliver them, and the Customer’s obligation to collect the Products and pay the Seller the specified price.
Product means an item presented in the Store area by the Seller for Sale.
Service means a service provided by the Seller to the Customer under an agreement concluded between the parties via the Store. The agreement is concluded within an organized distance contracting system without the simultaneous physical presence of the parties.
