Store Regulations

defining, among other things, the rules for concluding sales agreements through the Store, containing key information about the Seller, the Store, and Consumer rights

Provisions regarding the Preferred Entrepreneur apply to agreements concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 payments.
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Contract" or "Right of Cancellation
§ 8 Right of Withdrawal from the Contract" or "Right of Cancellation
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Attachment No. 1: Withdrawal Form Template" lub "Cancellation Form Template

  • 1 DEFINITIONS

Business Days - days from Monday to Friday, excluding public holidays.

Delivery - means the actual act of delivering the goods specified in the order to the Customer by the Seller, including through a delivery service (post, courier, etc.), or the actual act of the Customer receiving the goods specified in the order from the Seller at the Seller's premises or at a selected distribution point within the country.
Consumer – a consumer within the meaning of the Civil Code regulations.
Buyer – any entity purchasing in the Store.
Privileged Buyer – Privileged Consumer or Entrepreneur.
Privileged Entrepreneur - an individual entering into an agreement directly related to their economic activity, when the content of this agreement indicates that it does not have a professional character for them, in particular resulting from the subject matter of their economic activity.

Entrepreneur - means a natural person, legal entity, or non-legal entity organization granted legal capacity by law, conducting economic or professional activity in their own name and performing legal acts directly related to their economic or professional activity.

Pickup Point - a point located at the address Stalko, ul. Gdyńska 32, 26-600 Radom
Regulations - this regulation.
Store - an online store operated by the Seller at the address https://hitze.pl
Seller - STALKO sp.z.o.o.sp.k. with its registered office in Warsaw at ul. Solec 24/253, 00-403 Warsaw, correspondence address: ul. Gdyńska 32, 26-600 Radom, registered by the District Court for the capital city of Warsaw in Warsaw, XII Economic Division of the National Court Register under the KRS number: 0000836475, REGON: 361379132, NIP: 9482603545.

Goods - means products presented by the Seller through the Store, which can be the subject of a Sales Agreement.

Sales Agreement - means a sales agreement concluded between the Customer and the Seller, remotely, on terms specified.

  • 2 CONTACTING THE SELLER
  1. Mailing address: ul. Gdyńska 32, 26-600 Radom
  2. Email address: handlowy@hitze.stalko.com
  3. Phone: +48 380 18 98
  4. Return address (in case of withdrawal from the agreement): Stalko, ul. Gdyńska 32, 26-600 Radom
  5. Address for sending the advertised goods: Stalko, ul. Gdyńska 32, 26-600 Radom
  • 3 TECHNICAL REQUIREMENTS
  1. To make a purchase through the Store, you need:
    • device with internet access
    • Internet browser supporting JavaScript and cookies.
    • Having an active email account.
    • 4 SHOPPING IN THE STORE
  2. The information contained on the Store's website does not constitute an offer within the meaning of the Civil Code but only an invitation to submit offers to conclude a Sales Agreement.
  3. The prices of goods displayed in the Store are total prices for the goods (gross). The Seller reserves the right to have different prices for the same goods in the Store and in physical retail locations. Prices do not include costs, including delivery costs.
  4. The total price of the order consists of the following as indicated in the Store: the price of the goods and, if applicable in a given case, the delivery costs for the goods. The Buyer is informed about the full amount for the given order when selecting the delivery method and placing the order.
  5. Orders in the Store can be placed through the Store's website 7 days a week, 24 hours a day.
  6. To place an order, the Buyer should select the relevant item from the Store's offer and add it to the 'shopping cart' in the Store.
  7. Next, the Buyer selects from the options available in the Store: the delivery method for the goods, the payment method for the order, and provides the necessary information to fulfill the placed order.
  8. Before placing each order, the Buyer, on the Store's form, is informed about the order: the quantity and type of selected goods, Seller's information, the total price for the goods and delivery, and all additional costs associated with the Sales Agreement that the Buyer is obligated to bear. The order is placed upon confirmation of its content and acceptance of the Terms and Conditions by the Buyer.
  9. Placing an order by the Buyer constitutes the Seller's offer to conclude a sales contract for the goods that are the subject of the order.
  10. After placing the order, the Seller sends a confirmation of order acceptance to the email address provided by the Buyer.
  11. The confirmation of order acceptance is a statement by the Seller of accepting the offer, and upon its receipt by the Buyer, a Sales Agreement is concluded.
  12. The Seller will provide the privileged Buyer with a confirmation of the conclusion of the sales agreement on a durable medium at the latest upon delivery of the goods, sending it to the email address or in writing to the address specified by the Buyer when placing the order.
  13. The Seller may cancel an order (withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) placed by a Customer who is not a privileged Buyer. Withdrawal from the agreement can occur within 14 days from the date of delivery of the goods to a non-consumer Customer and does not need to be justified. Withdrawal from the agreement may occur especially in cases where the placed order (or orders) indicates the purchase of goods for further resale.
  • 5 PAYMENTS
  1. Payment for the placed order can be made, depending on the Buyer's choice:
    1. by regular bank transfer to the Seller's bank account;
    2. using a payment card;
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. through a payment platform;
      • Shoper Payments
      • CA Installments
      • eCard
      • dotpay
      • PayPal
      • PayU
      • Przelewy24
      • com
    4. cash on delivery, i.e., in cash at the time of delivery to the Buyer;
    5. by card or in cash at the time of personal pickup of the goods.
  2. In the case of choosing payment through the payment platform Płatności Shoper, the entity providing online payment services is Blue Media S.A.
  3. If the Buyer chooses to pay in advance, payment for the order must be made within 3 business days from placing the order.
  4. The Seller informs that for some payment methods, due to their nature, payment for the order is possible only immediately after placing the order.
  5. Buyers, when making purchases in the Store, accept the use of electronic invoices by the Seller. Buyers have the right to withdraw their acceptance.
  6. In the event of the Buyer's failure to make payment within the deadline specified in § 5, paragraph 3 of the Terms and Conditions, the Seller has the right to withdraw from the Sales Agreement. To this end, the Seller will send the Buyer a declaration of withdrawal from the contract via email, in accordance with Article 492 of the Civil Code, after the ineffective expiration of the payment deadline. By the Buyer.
  • 6 ORDER PROCESSING
  1. The Seller will promptly begin processing the order after it has been placed.
  2. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with order processing after its payment.
  3. Delivery of goods is carried out within the territory of Poland through a courier company. The goods can also be collected in person by the Buyer at pickup points during business hours. The delivery method is based on the Buyer's choice made during the order placement.
  4. The Seller provides information on the expected, typical order processing time on the Store's website. However, this timeframe may change.
  5. In the event that, within one order, the Buyer has purchased goods with different processing times, the order will be processed within the timeframe applicable to the item with the longest processing time.
  6. The Buyer, during the delivery of the goods or when receiving them,
  7. Upon personal pickup, the Buyer is obligated to inspect the shipment. In case of damage, bending, or shortages in the shipment, the Buyer should request the courier to prepare the appropriate damage protocol.
  8. If the Buyer chooses to have the Delivery done through a courier company, the Seller will, at the Buyer's discretion, provide them with a VAT invoice for the order along with the shipment or send the invoice for the order via email, attaching it as a PDF file. In the case of the Buyer personally picking up the goods, they will receive the VAT invoice for the order directly upon receiving the item.
  9. The remaining documentation related to the goods, along with the user manual and warranty, will be included with the goods and provided to the Buyer upon receipt of the goods.
  10. The pickup date for the goods will be confirmed by the Seller via email.
  11. The courier makes two delivery attempts. In the event of non-collection of a shipment paid for by the Buyer, they are obligated to collect it at their own expense and effort from the location specified by the Seller.
  12. In case the Buyer does not pay for the goods and does not collect them within 3 days from the date of the first delivery attempt, within 3 business days, the Seller reserves the right to withdraw from the sales contract as defined in Article 395 of the Civil Code. The Buyer will be obligated to reimburse the Seller for any costs incurred.
  • 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
  1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline for withdrawing from the agreement expires after 14 days from the day:
    1. in which the privileged Buyer took possession of the goods or in which a third party other than the carrier and indicated by the privileged Buyer took possession of the goods;
  3. The privileged Buyer may withdraw from the sales agreement concluded with the Seller through the Store by submitting a declaration of withdrawal to the addresses indicated in § 2 of the Regulations. The declaration can be submitted by email or in writing.
  4. The privileged Buyer may use the withdrawal form template placed at the end of the Regulations, but it is not mandatory.
  5. To meet the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send the relevant statement before the withdrawal period expires.

CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT

  1. In the event of withdrawal from the concluded agreement, the Seller shall refund to the privileged Buyer all payments received, including the cost of the cheapest standard delivery of the goods (i.e., excluding additional costs resulting from the privileged Buyer's choice of a delivery method other than the cheapest standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise the right of withdrawal from the agreement.
  2. The Seller will refund the payment using the same payment methods that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution. In any case, the privileged Buyer will not incur any fees in connection with this refund.
  3. The Seller may withhold the refund until the goods are received or until proof of their return is provided, depending on which event occurs first.
  4. The Seller requests the return of the goods to the postal address specified in Section 2 of the Regulations, without undue delay, and in any case not later than 14 days from the day on which the privileged Buyer informed the Seller of the withdrawal from the sales agreement. The deadline is met if the privileged Buyer returns the goods before the expiration of the 14-day period.
  5. The privileged Buyer bears the direct costs of returning the goods.
  6. The privileged Buyer is responsible for any reduction in the value of the goods resulting from their use in a manner other than necessary to ascertain the nature, characteristics, and functioning of the goods.
  7. If, due to its nature, the goods cannot be returned by regular mail, the privileged Buyer will also be responsible for the direct costs of returning the goods. The estimated amount of these costs will be provided to the privileged Buyer by the Seller in the product description on the Store's website or during the order placement.
  8. In the event of a need to refund funds for a transaction made by the privileged Buyer using a debit card, the Seller will refund the funds to the bank account associated with that debit card.
  • 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT
  1. The right of withdrawal from an agreement concluded by the privileged Buyer with the Seller through the Store does not apply, among other things, to an agreement in which the subject of performance is a non-prefabricated item, produced according to the specifications of the privileged Buyer, or serving to satisfy their individualized needs.
  • 9. COMPLAINTS:
  1. In case of a defect in the goods, the Buyer has the possibility to file a complaint regarding the defective goods based on the regulations provided in the Civil Code, warranty, or on the basis of a warranty, provided that a warranty has been granted.
  2. Using the warranty, the Consumer may, according to the rules and deadlines specified in the Civil Code:
    1. submit a statement for a price reduction,
    2. in the case of a significant defect – submit a statement of contract withdrawal,
    3. demand defect rectification,
    4. demand a replacement of the item free from defects,
  3. The Seller requests that complaints based on warranty be submitted to the postal or electronic address specified in § 2 of the Regulations.
  4. If it turns out that delivering the defective goods to the Seller is necessary to process the complaint, the Buyer is obligated to deliver these goods at the Seller's expense to the address Stalko, ul. Gdyńska 32, 26-600 Radom.
  5. If a warranty has been additionally provided for the product, information about it and its terms is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be directed to the email address specified in § 2 of the Regulations.
  7. The Seller will consider the complaint within a period of up to 14 days.EXTRAJUDICIAL METHODS OF COMPLAINT RESOLUTION AND CLAIMS ENFORCEMENT
  8. In case the complaint procedure does not yield the expected results for the Buyer who is a Consumer, the Buyer may, among other things, use:
    1. mediation conducted by the relevant Regional Inspectorate of Trade Inspection, to which one should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for the consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from the municipal or district consumer ombudsman;
    4. online ODR platform available at the address: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks (including Buyers who are entrepreneurs)
  • 10 PERSONAL DATA
  1. The administrator of personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller, including other purposes and legal bases for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency stipulated in the General Data Protection Regulation (EU) –GDPR”.
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal basis for processing personal data in this case is:
    • contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) of the GDPR),
    • a legal obligation incumbent on the Seller related to accounting (Article 6(1)(c)) and
    • legitimate interests pursued by the Seller, consisting of processing data to establish, investigate, or defend against potential claims (Article 6(1)(f) GDPR),
  3. Providing data by the Buyer is voluntary but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
  4. Buyer's data provided in connection with purchases in the Store will be processed until the moment when:
    • the agreement between the Buyer and the Seller ceases to be valid;
    • the legal obligation binding the Seller to process the Buyer's data will cease to apply;
    • the possibility of asserting claims by the Buyer or the Seller related to the agreement concluded through the Store will cease;
    • the objection of the Buyer to the processing of their personal data will be accepted - in case the processing was based on the legitimate interest of the Seller.

- depending on what applies in a given case and what occurs no later than.

  1. The buyer has the right to demand:
    • access to their personal data,
    • correction of their data,
    • deletion,
    • processing limitation,
    • data portability to another controller,
      and the right,"
    • to object at any time to the processing of data for reasons related to the Buyer's particular situation - regarding the processing of their personal data based on Article 6(1)(f) of the GDPR (i.e., on the legitimate interests pursued by the controller).
  2. To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Regulations.
  3. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.
  • 11 RESERVATIONS
  1. The Buyer is prohibited from providing content of an unlawful nature.
  2. Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Regulations. The agreement is concluded for the purpose and duration of order fulfillment.
  3. Agreements made based on the Regulations are concluded in the Polish language.
  4. In the event of a dispute with a Buyer who is not a privileged Buyer, the competent court shall be the court having jurisdiction over the Seller's registered office.
  5. The Seller's liability under warranty for a Buyer who is not a Consumer, but a privileged Entrepreneur, is, within the limits permitted by law, limited to the amount of the order placed by the privileged Entrepreneur and up to two years from the date of delivery of the goods.

Attachment No. 1 to the Regulations

Below is a template withdrawal form that the Consumer or privileged Entrepreneur may, but is not obligated to use:

WZÓR FORMULARZA ODSTĄPIENIA OD UMOWY

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