1 General provisions; parties to the transaction; subject matter of the transaction
- The online store, operating at www.hydmar.com.pl (hereinafter referred to as: Hydmar online store) , is operated by Mariusz Wróblewski, conducting business under the name F.H.U. "HYDMAR" Mariusz Wróblewski, based in Kolno, at Kolejowa 3, 18-500 Kolno, NIP: 2910126006, REGON: 200203719 (hereinafter: "Hydmar").
- Entrepreneur's contact details, enabling the Buyer to contact the Seller:
1) postal address: ul. Kolejowa 3, 18-500 Kolno, Poland
2) telephone and/or fax number: tel: +48 22 228 81 50
3) E-mail Contact
- In order to successfully place an order at the Hydmar Online Store, it is necessary to have a device that allows you to browse the Internet, as well as a keyboard or other device that allows you to correctly fill out electronic forms.
- The prices of all goods visible on the pages of the Hydmar Internet Store are gross prices (including VAT) and are expressed in Polish zloty. Deviations from the principle of Polish currency are clearly marked. In the event of Poland's legally binding entry into the so-called Eurozone, the prices on the pages of the Hydmar Internet Store will be expressed in Polish zlotys and in Euros during the transition period, and in Euros after its cessation. In case of doubt whether the price of goods is expressed in Polish zloty or in Euro, until Poland's legally binding entry into the so-called Eurozone, in the absence of a clear indication that the price is expressed in Euro, it should be understood that the price is expressed in Polish zloty.
- Prices appearing on the Hydmar store's website, as well as descriptions of goods, are only commercial information and not an offer within the meaning of the Civil Code. They become binding - for the purpose of concluding a specific agreement - only at the moment of confirming the acceptance of an order for execution by the Seller.
- The price listed next to each good is valid until the stock is exhausted.
- The prices listed next to each goods do not include transportation costs. Transportation prices are added to the selling price of the goods based on the price list of transportation costs provided on the Seller's website.
- The Seller reserves the right to change prices of goods presented on the website of the Hydmar online store, to post information about new goods, to carry out and cancel promotional actions on the pages of the Store, or to introduce changes in them.
- The Seller declares that the goods sold via the Hydmar online store have all certificates required by Polish law.
- The Seller will make every effort to ensure that the goods presented on the website of the Hydmar Internet Store coincide with the current warehouse stock of the Seller. In case of unavailability of all or part of the goods covered by the order, the Seller will immediately notify the Buyer. The Seller may release himself from the obligation by providing substitute performance, corresponding to the same quality and purpose and for the same price, informing the Buyer in writing of his right not to accept this performance and withdraw from the contract, with return of the item at the Seller's expense. In the event of the Seller's inability to perform due to the unavailability of the goods, the Seller shall immediately, but no later than within thirty days from the conclusion of the contract (in accordance with § 2(3) hereof), notify the Buyer thereof and return to the Buyer the entire amount of money received from the Buyer.
- In the case of promotional sales and sales for which a limited number of goods is intended, the conclusion of orders or their execution will follow the order of receipt of confirmed orders for these goods, until the stocks covered by this form of sale are exhausted. In the case referred to in this paragraph, the Seller reserves the right to establish a different order of conclusion of transactions or their execution, as well as the Seller reserves the right to introduce other special conditions relating to the conclusion or execution of transactions. About deviations from the principle of universality referred to in the second sentence of this paragraph, the Seller shall inform on the Store's website.
- Full acceptance of these Terms and Conditions is required to place an order at the Hydmar online store. Placing an order is tantamount to accepting the provisions of these Regulations.
- The provisions of these Regulations also apply to transactions made via the Ceneo.pl Internet portal.
- Telephone conversations and electronic and paper correspondence conducted in connection with the activity of the Hydmar Internet Store may be recorded and archived. Disclosure of any details resulting from these conversations or correspondence is not permitted, except with the express consent of the sender and addressee or when it is necessary due to theclaim asserted by the company operating the Online Store, in particular against the addressee or sender, or when it is necessary due to a provision of law and at the request of a state authority authorized to do so.
- Orders at Hydmar online store can be made by filling out the appropriate forms on the store's pages.
- When making an order, the Buyer is obliged to provide correct personal data: first and last name, exact address of residence, e-mail address and cell phone.
- After the electronic message about the receipt of the order, the acceptance of the order for execution will be confirmed by the Seller by telephone or e-mail. As soon as the Seller confirms acceptance of the order for execution, the contract is considered concluded.
- The Seller shall confirm to the Buyer the conclusion of the remote agreement on a durable medium ( in the form of an e-mail or in paper form delivered together with the ordered goods) within a reasonable time after its conclusion, at the latest at the time of delivery of the item. Confirmation shall include the information referred to in Article 12 paragraph 1 of the Law of 30.5.2014. - On consumer rights (i.e., Journal of Laws of 2017, item 683).
- The information contained in the confirmation referred to in § 2.4 of the Terms and Conditions is an integral part of the agreement concluded at a distance or off-premises, and may be changed only by express agreement of the parties.
- The Seller shall provide the confirmation (referred to in § 2 paragraphs 4 and 5 of the Regulations) to the Buyer who is a consumer:
- in the case of a contract concluded at a distance - fixed on a durable medium.
- The order processing procedure begins without undue delay after the conclusion of the contract.
- In the Hydmar store it is possible to pay in the following ways:
a) transfer to a bank account
b) payment on delivery
(c) payment in cash
(d) payment by installments
- Transfer to a bank account:
a) transfer to the Seller's direct account bypassing the PayU financial intermediary system - account no. 48 1020 1332 0000 1402 0671 3863 PKO BP
b) transfer by PayU system (using payment cards), traditional transfer or Internet transfer. Using this form of payment the Buyer does not incur any additional costs. Order processing begins immediately after the conclusion of the contract and crediting Hydmar's account with PayU.
- Cash-on-delivery payment - choosing this method the Buyer is charged an additional lump sum cost of PLN 10, added to the shipment of each product.
- Payment in cash - applies to "personal collection" orders. The Buyer may pay for the ordered goods at the cash register of F.H.U "HYDMAR" Mariusz Wróblewski at the time of their collection.
- The moment of payment is considered to be the moment of crediting funds to Hydmar's account via PayU service (in case of payment by bank transfer), the moment of crediting funds to the Vendor's bank account (in case of direct payment bypassing PayU system) or the moment of handing over cash at Hydmar store to an authorized person - Hydmar's employee in case of "own collection" orders.
- The Buyer is obliged to pay the final price, which is the sum of the purchase price of the goods plus shipping costs. In case of cash on delivery payment, the amount of PLN 10 mentioned in the third paragraph of this paragraph is added to the final price.
- Ordered goods are delivered only in the territory of the Republic of Poland. If there were to be an exception to this rule, it will be clearly marked on the Store's website.
- The shipping time of the goods is marked on the pages of the Hydmar Online Store and is 72 hours. The Seller will make every effort to deliver the goods within the time specified in the product card in the online store. If the goods cannot be delivered within the aforementioned time, the Buyer will be immediately informed by the Operator of the Hydmar online store. The maximum delivery confirmation time is 72 hours of consecutive working days.
- Delivery of goods is carried out by insured shipment in cooperation with a courier company selected by the Seller. The Seller reserves the right to change the courier company, also after the conclusion of an agreement with the Buyer.
- When the goods are transferred to the courier company, the Buyer is notified by sending an SMS message to the number specified in the order. The buyer has the ability to track the status of his order through the "My Account" website, which is an integral part of the Hydmar online store, and through the link in the order confirmation e-mail.
- The buyer can also pick up the ordered goods in person at Hydmar's headquarters. In case of personal collection, the buyer does not bear the cost of delivery of the goods.
- The cost of delivery of the goods is fully covered by the Buyer.
- The buyer is obliged to assess the condition of the goods and their compliance with the order at the time of delivery by the Courier and in his presence. In case of damage to the goods, a complaint protocol should be drawn up in the presence of the Courier (the Courier is obliged to have a printout of this protocol), including a description of the damage. Complained goods, should be returned to the Courier together with the sales invoice. If the package contains more than one item, only the advertised item should be returned and a material protocol should be drawn up describing the number of damaged items and the number of correct goods left at the disposal of the Buyer. Such a protocol should be signed in the Buyer's own hand and sent to the Seller together with the advertised goods. The cost of transportation shall be borne by the Buyer. When the goods are again in the warehouse of the Hydmar online store and the validity of the complaint is confirmed, after replacing the goods with new ones, they will be sent to the Buyer at the expense of the Seller. Complaint of goods can be reported via the form attached as Appendix 1 to the Regulations.
- If the complaint is found to be unfounded, the Buyer is obliged to collect the goods at his own expense within 3 days from the date of notification of the manner and result of the complaint recognition. After the expiration of the indicated period, the Seller will be charged for storage and safekeeping of the returned goods in the amount of PLN 10 for each day of storage. By the time the Buyer collects the goods, a debit note will be issued by the Seller for the amount representing the product of the days of delay in collecting the goods and the amount of PLN 10 for each day of delay.
- In case of damage to the goods at a later time, follow the complaint procedure described in § 6 of these Regulations "Complaints and Returns".
- The cost of delivery of goods by courier depends on the volume of the goods and is shown next to each of the goods. The cost of delivery is binding at the time of placing the order.
- The moment of delivery of the purchased goods is considered the moment when the Seller entrusts the goods to a carrier engaged in the transportation of this type.
- At the moment of handing over the ordered goods to the carrier (courier or other supplier engaged in transport), the benefits and burdens associated with the goods and the danger of accidental loss or damage to the goods are transferred to the Buyer. The Seller shall not be liable for any damage to the goods, which occurred during transportation of the goods, and shall not be liable for accidental loss or theft of the goods.
- At the time of receipt of the goods, the Buyer is obliged to confirm their receipt with his own hand-drawn signature in full, legible form.
5 Withdrawal from the contract
- In accordance with the Act of 30.5.2014. - On consumer rights (i.e. Journal of Laws of 2017, item 683). A buyer who is a consumer ( art.221 of the Civil Code), who has concluded a contract at a distance or off-premises, has the right to withdraw from the concluded contract of sale within 14 days from the date of delivery of the goods to him without giving any reason.
- In the event of exercising the right referred to in the preceding paragraph, the Buyer is obliged to inform the Seller by submitting a statement of withdrawal on the form made available to him by the Seller, which may be sent by mail to the address: 3 Kolejowa St., 18-500 Kolno; he may also do it electronically using an electronic withdrawal form sent to our e-mail. A statement made electronically does not require a qualified electronic signature. A statement of withdrawal from the contract submitted after the deadline referred to in the first paragraph of this section shall have no legal effect. Article 61 of the Civil Code shall apply directly.
- The form of declaration of withdrawal from the contract, together with information on the exercise of the right of withdrawal (Appendix No. 2 to these Regulations) are provided to the Buyer inpaper form (in the documentation attached to the shipment) or in electronic form (as an attachment to the electronic correspondence confirming acceptance of the order for execution).
- If the Buyer submits a statement of withdrawal electronically via an electronic withdrawal form, the Seller will immediately send a confirmation of receipt of the statement of withdrawal (on a permanent data carrier within the meaning of Article 2 item 4 of the Act of 30.5.2014. - on consumer rights (i.e. Journal of Laws of 2017, item 683 - in the form of an e-mail or in paper form ).
- The goods returned in connection with the withdrawal from the contract must be complete (including all equipment and accessories, which are an integral part of it, if such were attached to the goods), must not bear traces of use beyond the ordinary management of the thing. The returned goods must be accompanied by the original sales document, and a completed and signed goods return form. The documents should be taped to the outside of the package so that the Seller can access them without opening the package.
- The cost of returning the goods, except for the situation referred to in Article 33 and Article 34 paragraph 2 of the Law of 30.5.2014. - on consumer rights (i.e. Journal of Laws of 2017, item 683), shall be borne by the Seller. The buyer is obliged to duly secure the returned goods so as to prevent damage in transit (direct cost of returning the item - in accordance with Article 34 paragraph 2 of the Act of 30.5.2014. - On consumer rights (i.e., Journal of Laws of 2017, item 683).
- The buyer is obliged to return the item immediately, but no later than within 14 days from the date on which he withdrew from the contract. The seller may stipulate that in the event of withdrawal from the contract, the thing to be returned will be collected by him or a person authorized by him.
- If the delivered goods are incomplete, or bear traces of use beyond the ordinary management of the thing, the Seller reserves the right to refuse to accept the shipment, or to reduce the returned amount by the equivalent of the damaged goods.
- In the event of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be transferred to the Buyer's bank account immediately, but no later than within 14 days from the date of receipt by the Seller of the Buyer's statement of withdrawal from the contract.
- The Seller declares that the return of payments referred to in § 5 paragraph 9 of the Terms and Conditions will be made using the same method of payment used by the Buyer. The Seller, in consultation with the Buyer, may determine a different method of return, which will not involve additional costs to the Buyer.
- The Seller may withhold reimbursement of payments received from the Buyer until it receives the item back from the Buyer or the Buyer provides proof of its return, whichever event occurs first. The Seller's right indicated in the first sentence of this paragraph does not apply in a situation where the Seller has offered the Buyer to pick up the item.
- Upon receipt and acceptance of the goods, Hydmar will issue a correction invoice to the Buyer, which it will send to the Buyer's address.
- The Seller declares that the goods and services provided by him are not included in Article 38 of the Law of 30.5.2014. - On consumer rights (i.e. Journal of Laws of 2017, item 683).
- By concluding the contract, the Buyer confirms that he has familiarized himself with the content of these regulations, including confirming that he has been notified of the right to withdraw from the concluded contract of sale within 14 days from the date of delivery of the goods to him.
- The right to withdraw from the contract without giving any reason does not apply to Buyers who are entrepreneurs within the meaning of Article 431 of the Civil Code. A person purchasing goods and requesting a VAT invoice will be considered an entrepreneur.
6 Complaints and returns
- If, after the transfer of ownership of the goods to the Buyer, he finds that the goods have physical or legal defects within the meaning of Articles 5561 of the Civil Code and 5563 of the Civil Code, the Buyer may:
1) if he is a consumer (within the meaning of Article 221 § 1 of the Civil Code) - make a complaint to the Seller under the warranty for defects.
- In case of finding mechanical damage, which occurred during delivery, or in case of directing a complaint to the Seller, the Buyer should send information about this fact by letter or e-mail to us. and communicate by phone with the Store on the matter. The notification should specify the defect that, in the opinion of the Buyer, the goods have, and if possible - document the defect in question. The Seller will respond to the notification within 14 days of receipt.
- Transport of goods claimed under the warranty is carried out at the expense of the Seller through a courier company of his choice, unless the Seller informed that the goods will be collected by him or a person authorized by him. Hydmar does not accept parcels sent back cash on delivery - with regard to purchases made by consumers within the meaning of Article 221 of the Civil Code.
- Complaints related to the online service (e.g. incorrectly calculated delivery costs or incorrect goods in the shopping cart) can be submitted during the telephone confirmation of the order by the consultant.
- The buyer, receiving the shipment, is obliged to sign for it in the presence of the courier, with a simultaneous note that the shipment was delivered undamaged or that the shipment bears traces of damage with a simultaneous description of this damage.
- Complaint of goods can be reported via the form attached as Appendix 1 to the Regulations.
- Hydmar is liable under warranty for physical or legal defects of the sold thing only if it is found before the expiration of two years from the release of such goods to the Buyer (referred to in § 6 para.1 item 1Regulation), in accordance with Article 568 § 1-5 of the Civil Code, with respect to the Buyer, who is a consumer.
- The Seller is responsible under the warranty for physical defects that existed at the time when the danger passed to the buyer ( i.e., until the moment when the Seller released the purchased items to the carrier). The Seller shall not be liable for defects in goods arising during transportation. Any claims for defective goods arising during transport should be addressed by the Buyer to the carrier.
- If the sold thing has a defect, the buyer, who is a consumer, may make a statement to reduce the price or withdraw from the contract, unless the seller immediately and without excessive inconvenience for the buyer replaces the defective thing with a defect-free one or removes the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller, or the seller has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
- If the buyer is a consumer, he may, instead of the removal of the defect proposed by the seller, demand the replacement of the thing for a defect-free one or, instead of replacing the thing, demand the removal of the defect, unless bringing the thing into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs in comparison with the manner proposed by the seller. In assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the buyer.
- The buyer may not withdraw from the contract if the defect is insignificant.
- The Seller excludes liability under the warranty to Buyers who are entrepreneurs, as defined in Article 431 of the Civil Code. The Buyer, being an entrepreneur, is entitled only to pursue warranty claims directly from the Manufacturer, on the basis of the warranty card attached to the product.
- The Seller does not provide additional warranty on the items sold by him. Any claims under the warranty should be addressed by the Buyer directly to the Manufacturer. The scope of the Buyer's rights under the warranty is individually specified in the warranty card attached by the Seller to the goods purchased by the Buyer.
- The Buyer, being a consumer, should clearly indicate the basis for his complaint - i.e. indicate whether he is asserting claims under the warranty or guarantee. If no explanation is given, it is presumed that the Buyer is asserting claims under the warranty, and thus he should direct his claim directly to the Manufacturer, in accordance with the procedure specified in the warranty card.
7 Protection of personal data
- The Customer's personal data registered in the Store is processed by the Seller as a personal data administrator on the basis of the Personal Data Protection Act of August 29, 1997 (i.e. Journal of Laws of 2002, No. 101, item 926, as amended) and the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) of April 27, 2016. (Official Journal of the EU.L No. 119, p. 1) (the "Regulation" - RODO) for purposes related to transactions performed within the Store and for purposes resulting from the legitimate interests pursued by the Seller, as well as on the basis of the Customer's consent - for purposes consistent with the content of the consent granted, including for commercial and marketing purposes.
- Personal data includes the data referred to in Article 4 pt. 1 RODO, in particular - name and surname, PESEL no., NIP no. ( in case you wish to receive a named or company invoice), address of residence, address of the company's registered office, telephone number, electronic mail address (e-mail), necessary to complete the order. 3 . The customer may also agree to receive commercial and marketing information from the Seller electronically, in the form of SMS and MMS messages. In this case, personal data will be processed by the Seller on the basis of the consent - for purposes consistent with the content of the consent given, including for commercial and marketing purposes and for purposes related to the newsletter mailing service. 4. The given data will be processed on the basis of Article 6(1)(a), (b) and (f) of the Regulation for the purposes indicated in item. 1 above. 5. Provision of personal data by the Customer in the Store is voluntary, but necessary to perform transactions within the Store. Failure to provide personal data prevents the creation of an account in the Store and making transactions within the Store. This does not apply to the processing of data for commercial and marketing purposes, which is done only in the case of voluntary consent, regardless of transactions within the Store. 6. The Customer has the right to demand from the Seller access to personal data concerning him, the right to rectify, delete or limit processing. 7. The Customer has the right to withdraw consent to the processing of personal data at any time without affecting the legality of the processing carried out on the basis of consent before its withdrawal.
- A request for rectification, deletion, restriction of personal data processing or withdrawal of consent to personal data processing may be submitted to the Seller in writing or electronically ( in the form of an e-mail) without the need for a qualified electronic signature.
- Personal data will be stored for the period necessary for the implementation of transactions in the Store and the processing of complaints and are processed for the period of time the Customer has an account in the Store, no longer than 5 years from the liquidation of the account in the Store and no longer than 5 years from the date of purchase by the Customer, in connection with the need for the Seller to record transactions and the need to store evidence of purchases for a period of 5 years. If the Customer makes a transaction without creating an account in the Store then the data are processed for a period of 5 years from the date of the transaction. In the case of processing of personal data for the legally justified purposes of the Seller, the data are stored for the duration of their implementation and on the basis of the Customer's consent - the data are stored until the consent is withdrawn. 10. The Customer has the right to lodge a complaint to the President of the Office for Personal Data Protection (and before the date of the establishment of this office to the General Inspector of Personal Data Protection) when he/she considers that the processing of personal data concerning him/her violates the law.
8 Final provisions
- Differences between the appearance of the goods presented on the Hydmar online store's website and the appearance of the goods delivered to the Buyer, resulting from a change in the graphic form of packaging, do not constitute grounds for a complaint about the purchased goods.
- All goods and names presented on the Hydmar online store website are used for identification purposes only and may be registered trademarks.
- Placing an order in the Hydmar online store is equivalent to consent to the storage and processing by Hydmar of personal data contained in the order, in accordance with the applicable provisions of the Act of 30.5.2014. - on consumer rights (i.e. Journal of Laws of 2017, item 683) and involves the processing of the customer's personal data, in accordance with the terms and conditions specified in § 7 of the regulations.
- Hydmar informs that the personal data of the Buyer, who has made payment for the purchased goods, are transferred to PayU S.A., based in Poznań, as a data administrator (60-324 Poznań, ul.marcelińska 90), entered in the register of entrepreneurs kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number KRS 0000274399. The transfer concerns personal data necessary for PayU S.A. to realize the payment.
- Hydmar informs that the Buyer's personal data will be processed only for the purpose of: effective confirmation of receipt and acceptance of the order for execution and delivery of goods to the address indicated by the Buyer, as well as obtaining from the Buyer opinions on the quality of service in the Hydmar online store. The Buyer has the right to inspect the personal data stored by Hydmar, to change it or to remove it completely from the system in situations, according to the provisions of § 7 of the Regulations.
- Hydmar is a participant in the "Trusted Opinions" program organized by Grupa Allegro Sp. z o.o. within the Ceneo.pl service. Therefore, the Buyer agrees that Hydmar may provide his/her e-mail address and order number to Grupa Allegro Sp. z o.o., based in Poznań, and that Hydmar and Grupa Allegro Sp. z o.o. may process the Buyer's personal data for the purpose of completing a survey regarding opinions on the transaction carried out in Hydmar's online store, in accordance with the provisions of the Act of 30.5.2014. - On consumer rights (i.e. Journal of Laws of 2017, item 683).
- Hydmar informs that the Buyer's personal data will be processed only for the purpose of effective confirmation of receipt and acceptance of the order for execution and delivery of goods to the address indicated by the Buyer. With the Buyer's consent, his/her personal data will also be processed for the purpose of providing information materials, marketing offers in the form of a newsletter. The Buyer has the right to inspect the personal data stored by Hydmar, and has the right to demand their change or complete removal from the system, in accordance with § 7 of the Regulations.
- In matters not regulated by these Regulations, the relevant provisions of the Civil Code ( Civil Code) and the Act of 30.5.2014 will apply. - On consumer rights (i.e. Journal of Laws of 2017, item 683).
- Pursuant to Article 8.3.2.b of the Act of 18.7.2002 on the provision of services by electronic means (i.e. Journal of Laws of 2017, item.1219), the subject using the website of the Hydmar online store is obliged not to post unlawful content on this website.
- The Hydmar online store is not responsible for damages and harms resulting from the malfunction of the server on which the online platform of the store is placed; this applies in particular to the effects of errors in the operation of websites, lack of access to them and other failures, damage or interference with the functioning of Internet services.
- The Administrator shall not be liable for damages or harm caused by his action or omission resulting from incorrect data received by him from the Buyer.
- These Regulations are available at the Internet address https://hydmar.com.pl/en/content/3-shop-regulations and in written form at the address of the registered office of the business operator - Kolejowa 3, 18-500 Kolno, Poland. These Regulations also apply to transactions made through the Ceneo.pl Internet portal
- Any possible court disputes arising from sales contracts will be settled by the court having jurisdiction over the Seller's registered office. In case of a dispute with a Consumer, the Consumer has the right to bring an action before the Court having jurisdiction over his place of residence.