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Hitze sp. z o. o
Adres: Gdyńska 32
26-600 Radom

tel. +48 48 380 18 98


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Regulations

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Before using the www.hitze.company online store, the Customers are required to read the Terms and Conditions.


 

ONLINE STORE REGULATIONS

 

I.General Provisions

II.Definitions

III.The type andrange ofelectronic services

IV.Terms of-and contractsfor- the provision ofelectronic services

V.Conditions of sales contracts

VI. Payment methods

VII. Delivery cost, timing and methods

VIII. Termination ofcontractsfor the provision ofelectronic services

IX.Product warranty

X.Complaints procedure

XI. Right of withdrawal from contract

XII.Intellectual property

XIII.Provisions relating tobusiness(B2B)

XIV.Final Provisions

 

I. GENERAL PROVISIONS


  1. The online store, operating at www.hitze.company, is run by Hitze Ltd. Company, registered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, XIV Commercial Department of National Court Register, address, place of business and delivery address: Gdyńska 32, 26-600 Radom, NIP 9482603545, REGON: 361379132, e-mail (e-mail): handlowy@hitze.company, phone no.: (048) 380 18 98
  2. The www.hitze.company store operates on the principles specified in the Regulations.
    3. The Regulations define the types and scope of services provided electronically by the www.hitze.company store, the rules of service provision, conditions of concluding and terminating contracts for the provision of electronic services and Product Sale Agreements, and complaint procedures.
  3. Each Customer, upon commencing to use the Services of www.hitze.company Electronic Store, is obliged to comply with the provisions of these Regulations.
  4. The Customer, placing an order at the Store, must get acquainted with the Regulations and accept their provisions.
  5. The www.hitze.company store sells retail and wholesale products via the Internet throughout the world.
  6. The products offered in the store are brand-new, free from physical and legal defects; and have been legally introduced to the Polish market.
  7. In matters not covered by these regulations, the following are applicable:
  8. a) The Act on electronic services of 18 July 200. (Journal of Laws No. 144, item. 1204, as amended.)
    b) The Act on consumer rights of 30 May 2014 (Journal of Laws 2014, pos. 827)
  9. c) Civil Code Act of 23 April 1964 (Journal of Laws No. 16, pos. 93, as amended.) and other relevant provisions of Polish law

 

  1. DEFINITIONS

 

  1. WORKING DAY - any day from Monday to Friday, excluding public holidays.
  2. REGISTRATION FORM – a form available on the www.hitze.company website, that enables

the creation of an account.

  1. ORDER FORM – a form available on the www.hitze.company website, allows for submitting of orders.
  2. CONSUMER - a natural person, performing a legal action with the business owner, not directly related to its business or professional activity.
  3. CUSTOMER – A Buyer who intends to enter, or has entered, into a Purchase Agreement with the Seller.
  4. ACCOUNT - a collection of resources in the IT system of the Service Provider, with an individual name (login) and password, in which data are collected, pertaining to the Buyer, including the information on Orders submitted.
  5. REGULATIONS – these Store regulations.
  6. STORE – The online service provider’s store, operating at www.hitze.company
  7. SELLER, SERVICE PROVIDER - Hitze Ltd. company, Gdyńska 32, 26-600 Radom, NIP 9482603545, REGON: 361379132
  8. PRODUCT - mobile property or service, available in the store, subject to Sale Agreement between the Customer and Reseller.
  9. AGREEMENT FOR SALE - Product Sales Agreement concluded between the Customer and the Seller by means of the Store.
  10. SERVICE USER - a natural person, legal person or an organizational unit without legal personality, which the law recognizes as having legal capacity to make use of the Electronic Services.
  11. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client through the Store.
  12. ORDER - Customer's representation, constituting an offer for Product Sale Agreement with the Seller.
  13. NEWSLETTER–The Electronic Service allows the Customer to subscribe and receive free information by e-mail from the service providers, regarding the products available in the Store.

 

III.TYPEAND SCOPEOF ELECTRONICSERVICES

  1. The Service Provider allows, by means of the store, the use of Electronic Services, such as:
  2. a) entering into Product Sales Agreements
  3. b) keeping an accountat the store,
  4. c) use of the Newsletter.

2.Provision of Electronic Services for the Customers in the store takes place under the conditions specified in the Regulations.

  1. The Service Provider has the right to publish advertising content at the Store website. This content is an integral part of the store and the materials presented there in.

 

  1. TERMS OF- AND CONTRACTS FOR- ELECTRONIC SERVICES
  2. The Provision of Electronic Services by the Service Provider, referred to in Chapter III, point. 1 of the Regulations, is free of charge.
  3. The period for which the agreement is concluded:
  4. a) the contract for the provision of Electronic Services, consisting of maintaining accounts in the store, is concluded for an indefinite period.
  5. b) the contract for the provision of Electronic Services, enabling to submit orders in the store, is concluded for a determined period of time, and shall terminate upon the submission of the Order or the cessation of its placement by the Client.
  6. c) the contract for the provision of Electronic Services involving the use of the Newsletter is concluded for an indefinite period.
  7. Technical requirements, necessary to work with the system used by the

Service Provider, are as follows:

  1. a) a computer with Internet access,
  2. b) access to e-mail,
  3. c) web browser
  4. d) enabling cookies and Javascript in the Web browser.
  5. The Client is obliged to use the Store in a manner consistent with the law and morality, with respect for personal rights and intellectual property rights of third parties.
  6. The Client is obliged to enter data consistent with facts.
  7. The Client is forbidden to submit any illegal content.

 

  1. CONDITIONS OF SALES CONTRACTS
  2. The information contained within the online Store does not constitute an offer within the meaning of the law. The Customer, by placing an order, makes an offer to buy a particular product,with conditions specified in the description.
  3. Product pricesat the Store's website are given in Polish Zloty (PLN), and include VAT. The pricesdo not include delivery costs.
  4. The product price displayedat the Store website is valid at the time of the Customer order. This price will not change, regardless of the price changes at the store that may arise in relation to individual products,after the Customer has placed an Order.
  5. In order to submit orders, the Customer has to register an accountat the Store.
  6. Orders can be placed:
  7. a) through the web site, using the Order Form (www.hitze.company) - 24 hours a day throughout the year.
  8. b) via e-mail at: handlowy@hitze.company
  9. c) by telephone at: (048) 380 18 98
  10. The Store realizes Orders placed Monday through Friday, during Store business hours, that isfrom 8.00 to 16.00. Orders placed after16.00 on working days, on Saturdays, Sundays and public holidays will be processed the next Business Day.
  11. Conclusion of the Sale Agreement.
  12. a) For the conclusion of a Sale Agreement, a prior submission of an order by the Customer is necessary, performed by means made available by the Seller.
  13. b) Following an Order, the Seller shall immediately confirm the receipt, at the same time accepting the Order, which is binding for the Customer. The acknowledgement of receipt and acceptance of the order for execution is confirmed by sending an e-mail, which includes:

Ø confirmation of all the essential elements of the contract,

Ø statement of the right of withdrawal,

Ø information about the right of withdrawal,

Ø these Regulations.

  1. c) Upon receipt of the e-mail referred to in point 7 b), the Sales Agreement is concluded

between the Customer and Seller.

  1. Each Sales Agreement will be confirmed by proof of purchase (receipt or invoice), which will be attached to the shipment.

 

  1. VI. PAYMENT METHODS
  2. The Selleraccepts the followingpayment methods:

a)cash on delivery -  payment upon receipt

  1. b) payment through electronic payment services(pl)
  2. c) payment by cashor by credit cardin store.
  3. In the case of payment on delivery, the package is sent after verification of the correctness of the address data.
  4. In the case of payment through electronic payment services, the Customer makes the payment before the fulfillment of orders. Electronic payment services allow making payments via credit card or fast transfer via selected Polish banks .The product will be sent after the payment has been made.
  5. The Customer is obliged to make payment of the price under the Sales Agreement within 7 Working Days from the date of its conclusion, unless the Sales Agreement provides otherwise.

 

VII. DELIVERY COST, TIMING AND METHODS

  1. The costs of delivery of the Product are determined during the process of placing orders and are dependent on the choice of payment method, and the method of delivery of the purchased Product.
    2.The Products Purchased at the Store are sent via the Polish Post Service or a courier company(Raben, DHL).

3.The Customer can pick up the product in person, at the address: Gdyńska 32, 26-600 Radom.
4. The delivery date of the Product consists of the time of completion of the Product and the

time of delivery of the Product by the carrier:

  1. a) The time of completion of the Product is 14 Working
  2. b) The delivery of the Product by the carrier shall be made within a declared timeframe, i.e.2Business Days(delivery takes place only on weekdays, excluding Saturdays,Sundays and holidays).

 

VIII. TERMINATION OF CONTRACTS FOR THE PROVISION OF

ELECTRONIC SERVICES

  1. Termination of the contract for the provision of Electronic Services:
  2. a) Termination may be given in case of a continuous and indefinite contract for the provision of Electronic Services (e.g. keeping accounts, Newsletter).
  3. b) The Customer may terminate the contract with immediate effect and without indicating reasons, by sending an appropriate statement via e-mail to the following address:

handlowy@hitze.company
c) The Service Provider may terminate a continuous and indefinite contract for the provision of Electronic Services if the Client violates the Regulations, in particular by providing illegal content, after previous unsuccessful call to cease their infringements, with a determined deadline. In this case the agreement will expire after 7 days from the date of submission of a declaration of intent of termination (notice period).

  1. d) Termination leads to the termination of the legal relationship with future effect.
  2. The Service Provider and the Client may terminate the contract for the provision of Electronic

Services at any time, by means of agreement of the parties.

 


IX. PRODUCT WARRANTY

 

  1. The products offered at the Store have a manufacturer's warranty, valid within the Polish

Republic.
2.The warranty period is 60 months and is calculated from the date of delivery of the Product to the Customer.

  1. A document authorizing the warranty is either a receipt or an invoice.

 

 

  1. COMPLAINTS PROCEDURE
  2. Claims under the warranty:
  3. a) The basis and responsibilities of the Seller to the Client who is a Consumer, due to the warranty covering natural and legal defects, are defined in the Civil Code of 23 April 1964

(Journal of Laws No. 16, pos. 93, as amended.)

  1. b) Notice of defects relating to the Product and application of the relevant request can be made via e-mail at: handlowy@hitze.company or in writing to the following address: Gdyńska 32, 26-600 Radom.
  2. c) As much information and facts as possible should be given, concerning the subject of the complaint, in particular the type and date of occurrence of failures, and contact information. The information provided will greatly facilitate and expedite the consideration of the complaint by the Seller.
  3. d) When necessary for the assessment of physical defects of the Product, it may have to be delivered to the address: Gdyńska 32, 26-600 Radom.
  4. e) The Seller will address the Customer claims immediately, but no later than within 14 days. A response to the complaint is sent to the specified e-mail, or in any other manner provided by the Client.
  5. f) In the event of a complaint by a Client who is a Consumer –failing to resolve the complaint within14 days is equivalent to accepting the claim.

In connection with a complaint of the Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement witha Product that is free of defects.

  1. Complaints relating to the provision of electronic services by the Service Provider:
  2. a) Complaints related to the provision of electronic services via the Store can be posted

via e-mail to the following address: handlowy@hitze.company

  1. b) In this e-mail, please provide as much information and facts concerning the subject of the complaint, in particular the type and date of irregularities, and contact information. The information you provide will greatly facilitate and expedite consideration of the complaint by the Service Provider.
  2. c) Consideration of a complaint by the Service Provider shall be given immediately, not later than within 14 days.
  3. d) The Provider responseto a complaint is sent to the e-mail specified by the Customer in the application, or in a different manner specified by the Customer.

 

  1. RIGHT OF WITHDRAWAL FROM CONTRACT

 

  1. The Customer who is also a Consumer who has a made a remote contract, may withdraw from it without giving reasons, making a statement in writing within 14 days. To comply with the deadline, it is enough to send the declaration of withdrawal from the contract, provided by the Store.
  2. In the event of withdrawal, the Sales Agreement is considered void and the Consumer is

released from any obligations. What the parties rendered shall be returned unchanged, unless a change was necessary in the course of ordinary management. The reimbursement should take place immediately, not later than within 14 days.

  1. The Consumer is liable for any diminished value of the Product, as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
    4. The Seller will return the value of the Product, including the costs of its delivery, using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different way of refund, which does not imply any additional costs to him.
  2. If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery mode offered by the store, the Seller is not obliged to return any additional costs to the Consumer.
  3. The Consumer withdrawing from the Sales Agreement, in accordance with paragraph 1 of this chapter, bears only the cost of returning the Product to the Seller.
  4. The fourteen-days deadline, in which the consumer may withdraw from the contract, is counted from the day on which the Consumer took possession of the product.
  5. The right of withdrawal from a remote contract is not grantedto a Consumer in case of a

Sales Agreement, the object of which is non-prefabricated, manufactured according to the specifications of the Consumer or to meet their individual requirements.

  1. The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer (Consumer), in case of default by the other party of its obligations within a strictly defined timeframe.

 

 Download: WITHDRAWAL FORM

 

 

XII. INTELLECTUAL PROPERTY

  1. All content included within the www.hitze.company website is under legal protection and is owned by HitzeLtd. company, Gdyńska 32, 26-600 Radom, NIP 9482603545, REGON: 361379132. The Client bears full responsibility for any damage caused to the Service Provider, which is a consequence of the use of any content from the www.hitze.company website, without the consent of the Service Provider.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements of the content,or the content of the www.hitze.company website, constitutes a violation of copyright of Service Provider, and will result in civil liability and criminal liability.

XIII. PROVISIONS RELATING TO BUSINESS (B2B)

  1. This chapter contains provisions relating only to Customers who are not Consumers.
    2. The Selleris entitled to withdraw from aSales Agreement concluded with a non-Consumer Customer within 14 Business Days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may be effected without giving any reason and does not entitle the Client who is not a Consumer to any claims against the Seller.
  2. The Seller has the right to restrict for non-ConsumerCustomers their accepted methods of payment, including the need to prepay for a part or the whole of the purchase, regardless of the method of payment chosen by the Client, and the facts of the Sales Agreement.
  3. The benefits and burdens associated with the product and the risk of accidental loss or damage to Product shall pass to the Customer at the moment of handing the Product by the Seller over to the carrier. The Seller in this case is not responsible for loss or damage to the Product, resulting within the period from handing over of the Product for transport, until the moment of reception by the Client, as well as for delay in the delivery of the package.
  4. The Product sent to the Customer by carrier service must be examinedby the Customer at a time and in the manner customary for consignments of this kind. If the Customer finds that during transport there has occurred a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.
  5. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons, by sending the Customer who is not a Consumer a notice of termination.

 

XIV. FINAL PROVISIONS

  1. Contracts concluded by the Store are concluded in accordance with Polish law.
  2. In case of any part of the Regulations being contrary to applicable law, relevant provisions of Polish law shall be applied in place of the challenged provision of the Regulations,.
  3. Any disputes arising from the Sales Agreements between the Store and Consumers will be resolved in the first instance through negotiation, with the intention of an amicable settlement. If, however, it would not be possible or would be unsatisfactory for either party, disputes will be resolved by an appropriate court, in accordance with paragraph 4 of this chapter.
    4. The judicial settlement of disputes:
  4. a) Any dispute arising between the Service Provider and the Recipient (the Client), who is also a Consumer, are subject to the courts competent in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item. 296, as amended).
  5. b) Any dispute arising between the Service Provider and the Recipient (the Client) who is not a Consumer shall be subjected to the court appropriate for the location of the Service Provider.
    The Customer who is a Consumer has the right to use non-judicial means of dispute

settlement, in particular by filing a complaint after the completion of the request for mediation or request for consideration by court arbitration (the application can be downloaded from the website http: //www.uokik. gov.pl/download.php?plik=6223). A List of permanent consumer courts of arbitration operating at Voivodeship Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The Consumer can also benefit from the free assistance of a district (municipal) consumer ombudsman, or social organizations the which statutory tasks of which include consumer protection. Non-judicial redress after the complaint procedure is free of charge.

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Hitze sp. z o. o
Adres: Gdyńska 32
26-600 Radom

tel. +48 48 380 18 98


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