Terms and conditions of the online store
The online Hirschmann.pl, available at the internet address https://hirschmann.pl/, is r
un by PRODUS S.A. with its registered office in Wroclaw, ul. Bystrzycka 69C, 54-215 Wroclaw, NIP: 899 000 93 51.
- Consumer – a natural person entering into a contract with the Seller within the Store, the object of which is not directly related to his business or professional activity.
- Sprzedawca – a natural person conducting business under the company PRODUS S.A. with its registered office in Wrocław, ul. Bystrzycka 69C, 54-215 Wroclaw, NIP: 899 000 93 51,
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, whose separate law confers legal capacity, performing in his own name an economic activity that uses the Store.
- Shop – an online store run by the Seller at the internet address https://hirschmann.pl/.
- Distance contract – a contract concluded with the Customer within the framework of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
- Terms and Conditions – these terms and conditions of the Store.
- Order – a statement of the Customer's will made using the Order Form and aimed directly at concluding a Product or Product Sales Agreement with the Seller.
- Account – the customer's account in the Store, it collects data provided by the Customer and information about orders placed by him in the Store.
- Registration form – a form available in the Store, allowing you to create an Account.
- Order Form – an interactive form available in the Store enabling you to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Shopping Cart – an element of the Store software, in which the products selected by the Customer are visible, as well as the possibility of determining and modifying the order data, in particular the quantity of products.
- Product – a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement – a contract for the sale of the Product concluded or concluded between the Customer and the Seller through the Online Store. The Sales Agreement also means – application to the characteristics of the Product – a contract for the provision of services and a contract for work.
Contact the Store
- Seller's address: PRODUS S.A. ul. Bystrzycka 69C, 54-215 Wroclaw,
- Seller's email address: firstname.lastname@example.org
- Seller's phone number: +48 71 354 81 08
- Bank Account Number Of Bank Seller
Name: PKO BP S.A.Iba
n: PL26 1020 5226 0000 6402 0403 6554B
ic (Swift code): BPKOPLPW
Iban currency: EUR
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer can communicate by phone with the Seller between Mon – Fri 8:00 – 16:00
To use the Store, including browsing the Store assortment and placing orders for Products, you must:
- An end device with internet access and a computer, tablet, telephone (smartphone) web browser
- active email account (e-mail),
- enabled cookies,
- FlashPlayer installed (optional).
- The Seller to the fullest extent permitted by law shall not be liable for any disruptions in this interruption in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incommbility of the Online Store with the technical infrastructure of the Client.
- Browsing the Store assortment does not require creating an Account. Placing orders by the Customer for products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
- The prices listed in the Store are in Polish ZLOTYS and are gross prices (including VAT).
- The final (final) amount payable by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services fees) that the Customer is informed about on the Store's website during the placing of the Order, including at the time of expressing his willingness to be bound by the Sales Agreement.
- In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final price shall be the total price covering all payments for the billing period.
- When the nature of the subject matter of the Agreement does not allow, reasonably assessing, the calculation of the final (final) price in advance, information about the manner in which the price will be calculated, as well as the fees for transportation, delivery, postal services and other costs, will be given in the Store in the product description.
Create a Store Account
- To create an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following data Name, Surname, (In the case of company) Company name and Tax ID, Address Data, Telephone Number, e-mail address.
- Setting up a Store Account is free.
- Login to the Account is done by entering the login and password established in the Registration Form.
- The Customer has the possibility at any time, without giving any reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.
Order Submission Rules
In order to place an Order:
- log in to the Store (optional);
- select the Product that is the subject of the Order, and then click on the "To Cart" button (or equivalent);
- log in or use the option to place an Order without registration;
- if you have selected the possibility to place an Order without registration – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data in the invoice, if different from the data of the recipient of the Order,
- click on the "Order and pay" button/click on the "Order and pay" button and confirm the order by clicking on the link sent in the email,
- choose one of the available payment methods and depending on the method of payment, pay the order within a certain period, subject to § 8 paragraph 3.
Delivery and payment methods offered
- The Customer may use the following methods of delivery or collection of the ordered Product:
- Courier delivery, courier,
- Shipment to the parcel, shipment to the package
- The customer can use the following payment methods:
- Cash on delivery
- Payment by bank transfer to seller's account
- Electronic payment
- Detailed information about delivery methods and acceptable payment methods can be found on the Store's website.
Execution of a sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer an appropriate e-mail to the customer's e-mail address provided during 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, a Sales Agreement between the Customer and the Seller is concluded.
- If the Customer chooses:
- Payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
- payment on delivery on delivery, the Customer is obliged to make a payment on delivery.
- payment in cash on receipt of the shipment, the Customer is obliged to make a payment upon delivery within 3 days from the date of receipt of the information about the readiness of the shipment for collection.
- If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
- A) When ordering Products with different delivery dates, the delivery date is the longest specified date.
B) In the case of ordering Products with different delivery dates, the Customer has the opportunity to request the delivery of the Products with parts or to deliver all Products after completing the entire order.
- The beginning of the delivery date of the Product to the Customer is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payments or payment card – from the date of crediting the Seller's bank account.
- If the Customer chooses the method of payment on delivery – from the date of conclusion of the Sales Agreement,
6. If the Customer chooses to receive the Personal Product, the Product will be ready for collection by the Customer within the period indicated in the product description. The Customer will be additionally informed by the Seller of the readiness of the Product to the customer's e-mail address provided during the order.
7. If you order Products with different pickup times, the longest pickup readiness date is the longest time you can set.
8. The beginning of the product's readiness for collection by the Customer is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payments or payment card – from the date of crediting the Seller's bank account.
- If the Customer chooses the method in cash on personal collection – from the date of conclusion of the Sales Agreement.
9. Delivery of the Product takes place exclusively within the Polish.
10. Delivery of the Product to the Customer is payable, unless otherwise specified in the Sales Agreement. The costs of delivery of the Product (including transport, delivery and postal services fees) are indicated to the Customer on the pages of the Online Store in the "Delivery Costs" tab and during the placing of the Order, including at the time when the Customer expresses his willingness to be bound by the Sales Agreement.
11. Personal collection of the Product by the Customer is free of charge.
Right of withdrawal
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period referred to in paragraph 1 shall be completed in accordance with the procedure laid down in Article 1 1 begins with the delivery of the Product to the Consumer or to a person other than the carrier designated by him.
- In the case of an Agreement which covers multiple Products which are supplied separately, in batches or in parts, the time limit referred to in paragraph 1 shall be 1999. 1 runs from the delivery of the last thing, batch or part.
- In the case of an Agreement which consists in the regular supply of Products for a limited period of time (subscription), the time limit referred to in paragraph 1 shall be 1999. 1 runs since taking possession of the first of the stuff.
- The Consumer may withdraw from the Agreement by making a declaration of withdrawal from the Agreement to the Seller. In order to comply with the withdrawal period, it is sufficient for the Consumer to send a statement before the expiry of that period.
- The statement can be sent by traditional mail, fax or electronic means by sending a statement to the Seller's e-mail address or by making a statement on the Seller's website – the Seller's contact details are specified in § 3. The declaration may also be made on a form, a specimen of which is Annex 1 to these Terms and Conditions and an annex to the Act of 30 May 2014 on consumer rights, but this is not mandatory.
- In the event of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement.
- Consequences of withdrawal from the Agreement:
- In the event of withdrawal from the Distance Agreement, the Agreement shall be deemed not to have been concluded.
- In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.
- The Seller will make a refund using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not entail any costs for him.
- The Seller may withhold the refund until the Product is received back or until proof of its return has been provided, which is which occurs first.
- The Consumer should return the Product to the Seller's address specified in these Regulations without delay, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back before the expiry of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product, if, by its nature, the Product could not be returned by post in the usual way.
- The Consumer is only responsible for any decrease in the value of the Product resulting from the use of the Product in a manner other than that necessary to determine the nature, characteristics and functioning of the Product.
9. In the event that, due to the nature of the Product, it cannot be returned by post, information about this, as well as the cost of returning the Product, will be included in the product description in the Store.
10. The Consumer shall not have the right to withdraw from a distance contract in relation to the Agreement:
- in which the object of the service is a non-prefabricated item, manufactured to the specifications of the Consumer or to meet his individualized needs,
- in which the object of the service is an item delivered in a sealed package which, after opening the package, cannot be returned for health or hygiene reasons if the packaging has been opened after delivery,
- in which the subject matter of the service is a matter which is rapidly deteriorating or has a short shelf life,
- for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the commencement of the service that after the performance by the Seller loses the right to withdraw from the Agreement,
- 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 Agreement,
- in which the subject matter of the service is goods which, after delivery, by their nature, are inseparably linked to other things,
- in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
- in which the subject matter of the service is sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery,
- o the supply of newspapers, periodicals or periodicals, with the exception of a subscription agreement,
- to provide digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the expiry of the withdrawal period and after the Seller has informed him of the loss of the right of withdrawal,
Complaint and warranty
- The Sales Agreement includes new Products.
- The Seller is obliged to provide the Customer with an article free from defects.
- In the event of a defect purchased from the Seller of the goods, the Customer has the right to make a complaint based on the provisions on warranties in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
- The complaint must be submitted in writing or electronically to the addresses of the Seller given in these Regulations.
- It is recommended that the complaint include a m.in. a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the customer's request in connection with the defect of the goods.
- The Seller will respond to the complaint request immediately, and if the Customer is the Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request was considered justified
- Goods returned as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions or to the address indicated by the Store resulting from the product warranty specification (e.g. manufacturer's warranty – where warranty service is carried out by the manufacturer of the product)
- In the event that a warranty has been given for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
Out-of-court ways of handling complaints and redress
- Detailed information regarding the possibility for the Consumer to use out-of-court complaint handling and redress methods and rules for access to these procedures are available at the premises and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, provincial inspectorates of trade inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of possibilities to use out-of-court means of dealing with complaints and redress:
- The consumer shall be entitled to apply to the permanent consumer arbitration court referred to in Article 10( 1) of Directive 70/156/EEC. Article 37 of the Act of 15 December 2000 on Trade Inspection (OJ 2014, item 2014). 148 as of late. request for resolution of the dispute resulting from the Agreement concluded with the Seller.
- The consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 11. Article 36 of the Act of 15 December 2000 on Trade Inspection (OJ 2014, item 2014). 148 as of late. request for the initiation of mediation proceedings for the amicable termination of the dispute between the Consumer and the Seller.
- The consumer can obtain free assistance on the resolution of the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).
Personal data in the Online Store
- The Administrator of personal data of Customers collected through the Online Store is the Seller.
- Personal data of Customers collected by the Administrator through the Online Store is collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees to it – also for marketing purposes.
- The recipients of personal data of customers of the Online Store may be:
- In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary executing the shipments on behalf of the Administrator.
- In the case of a Customer who uses an electronic payment method or a payment card in the Online Store, the Administrator shall make the collected personal data available to the Customer, the selected entity handling the above payments in the Online Store.
- The Customer has the right to access and correct his data.
- Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude this contract.
1. Contracts concluded through the Online Store are concluded in Polish/English.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment methods and deliveries – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer at least 7 days in advance of any change.
3. In matters not regulated by these Regulations, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Personal Data Protection Act.
4. The customer has the right to use out-of-court means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU's ODR online platform available at: http://ec.europa.eu/consumers/odr/.