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Terms & Conditions
TERMS AND CONDITIONS OF THE HDPE MOLDS ONLINE STORE
1.
GENERAL PROVISIONS
1.
The HDPE Molds online store, operating at www.hdpemolds.company.site,
is run by Krzysztof Bełus, with the registered office at Glewiec 61,
32-104 Koniusza, Poland, operating under NIP [Personal Identification
Number]: PL9591548615, REGON [National Business Registry Number]:
388540833.
2. The following Terms and Conditions define the principles of conducting purchases in the HDPE Molds online Store and, in particular, the rules and procedures for the conclusion of distance Sales Contracts through the Store, as well as the method of lodging complaints and the procedure for withdrawal from the contract by the Consumer.
3. With regard to Services provided by electronic means, these Terms and Conditions shall be the terms and conditions referred to in Art. 9 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text, Dz.U. /Journal of Laws/ of 2020, item 344, as amended).
4. The Terms and Conditions apply to all Store Customers. All Customers are obliged to read the Terms and Conditions before making a purchase.
5. Each Customer is obliged to comply with the provisions of the Terms and Conditions. The sale takes place according to the version of the Terms and Conditions in force at the time of placing the order.
6. Each Customer has the opportunity to read the Terms and Conditions at any time by clicking on the hyperlink: https://hdpemolds.company.site/pages/terms at www.hdpemolds.company.site. The Terms and Conditions can be downloaded and printed at any time.
7. All information relating to products (including prices) contained on the Store's website www.hdpemolds.company.site does not constitute an offer within the meaning of Art. 66 of the Act of 23 April 1964 – Civil Code (consolidated text, Dz.U. /Journal of Laws/ of 2020, item 1740, as amended), but an invitation to conclude a contract pursuant to Art. 71 of the Act of 23 April 1964 – Civil Code (consolidated text, Dz.U. /Journal of Laws/ of 2020, item 1740, as amended). The Customer submits an offer to purchase the indicated Goods at the price and under the terms specified in the description by sending the Order Form.
2.
DEFINITIONS
Terms
and Conditions
– the following set of regulations governing the use of Store
Services by Customers.
Consumer (contracts concluded before 1 January 2021) – a natural person using the Store to enter into a civil law contract, which is not directly related to their business or professional activity.
Consumer (contracts concluded after 1 January 2021) – the following persons are deemed to be Consumers:
- a natural person using the Store to enter into a civil law contract, which is not directly related to their business or professional activity – "Consumer in the strict sense"
and
- a natural person using the Store to enter into a civil law contract, which is directly related to their business activity, if the content of that contract indicates that for that particular person, it is not of a professional nature, arising in particular from the subject of their business activity made available on the basis of the provisions of the Central Registration and Information on Business – "Entrepreneur with Consumer rights".
For the purposes of these Terms and Conditions, it is assumed that in the absence of a distinction between the two indicated groups of subjects, the Terms and Conditions shall refer to both Consumers in the strict sense and Entrepreneurs with Consumer rights.
Customer – a natural person (including a Consumer) who is at least 13 years of age (provided that they have obtained the consent of their legal representative), a legal person or an organisational unit that is not a legal person and to which special regulations grant legal capacity, using the Services provided by the Store.
Order Form – a service available on the website of the Store through which the Customer may make a purchase, in particular by adding Goods to the Cart and specifying certain terms and conditions of the Sales Contract, such as the method of delivery and payment.
Cart – an element of the Store where the Goods selected by the Customer are visible and where the Customer can determine and modify the Order data, including the quantity of the purchased Goods.
Store – the website belonging to the Seller, available at: www.hdpemolds.company.site, through which the Customer may purchase the Goods from the Seller.
Seller – Krzysztof Bełus with registered office at Glewiec 61, 32-104 Koniusza, Poland, entered in the Central Registration and Information on Business (CEIDG) under No: 388540833, NIP [Personal Identification Number]: PL9591548615, REGON [National Business Registry Number]: 388540833 who, in the course of his commercial or professional activity, offers sales via his website.
Goods – a movable item traded between the Store and the Customer, the terms and conditions of sale of which are set out in the Order Form.
Sales Contract – a contract for the sale of Goods concluded at a distance, usually via the Order Form, by the Customer through the Store.
3.
ACCEPTANCE AND PROCESSING OF ORDERS
1.
The use of the Store is conditional on reading and accepting these
Terms and Conditions. By placing an order, the Customer accepts the
content of the Terms and Conditions.
2. Orders placed by the Customers are accepted by means of an Order Form sent through www.hdpemolds.company.site or e-mail to projektyepoksydowe@gmail.com, 7 days a week, 24 hours a day.
3. An order can be placed by selecting the Goods in which the Customer is interested, clicking the "ADD TO CART" button located next to the description of the Goods, and then, from the "CART" level located in the Store's tab, filling in the Order Form, including the form of delivery and payment or selection of the payment on delivery option if it is available for the selected Goods, followed by purchase confirmation.
4. Entrepreneurs recognised as Entrepreneurs with Consumer rights (see definition of "Consumer" above), who enter into contracts after 1 January 2021 are obliged to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.
5. After placing an order, the Customer receives an order confirmation to their e-mail address provided in the Order Form.
6. Once the Customer has received confirmation of the order acceptance, the Seller begins processing the order, whereby:
a. in the case of an order paid on delivery – the processing begins on the next working day after its confirmation by the Seller at the latest.
b. in the case of an order paid by traditional bank transfer – the processing begins after the payment for the placed order is credited to the Store's bank account.
7. Orders placed in the Store are processed during the Store's working hours (on working days, Monday to Friday, from 8 to 17). Orders placed on working days after 17, on Saturdays, Sundays or public holidays are processed on the next working day.
8. After placing an order, the Customer receives a notification of the acceptance of the order for processing, which is understood as the Seller's statement of acceptance of the offer. The Sales Contract is concluded upon its receipt by the Customer.
9. A VAT receipt is issued with each order. A VAT invoice can be also be sent upon request.
10. The Customer may communicate with the Store by the following means:
a. E-mail: projektyepoksydowe@gmail.com
b. Correspondence address: 32-104 Koniusza, Poland
c. Facebook: https://www.facebook.com/HDPEepoxymolds
11. The price specified in the order represents the total value due by the Customer (gross price). This includes the tax payable. The cost of delivery is not included in the price, as it depends on the place of delivery (country).
12. The Seller reserves the right to change prices in the Store, introduce new Goods for sale, carry out and cancel promotional campaigns and make changes thereto in accordance with applicable law.
13. In the event the Consumer is obliged to pay more than the agreed price described in the previous section, the Store shall immediately inform the Consumer of this fact and explain the reason for the price difference. The Consumer may be charged with additional costs only upon their express consent.
4.
DELIVERY AND TRANSPORT COSTS
1.
The dispatch of the order placed in the Store is carried out via:
courier or other transport companies contracted by the Store.
2. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and public holidays are processed on the next working day.
3. The standard waiting time for the delivery is 10 working days. The waiting time consists of the order processing time, i.e. the time necessary to assemble the ordered Goods, and the expected delivery time, which is 24 hours or more, in the case of Poland.
4. The Seller is not responsible for delays caused by the carrier.
5. When accepting a parcel delivered by a courier, the Customer should, in the presence of the courier, carefully check the content and completeness of the parcel, the condition of the outer packaging and the condition of the ordered Goods. If the parcel is damaged, the Customer and the courier should draw up a damage report in two identical copies signed by the Customer and the courier.
6. It is possible to collect the ordered Goods in person at the brick-and-mortar Store located at Glewiec 61, 32-104 Koniusza, Poland.
5.
PAYMENT
1.
The Store accepts the following payment methods:
– via the Stripe online payment system (by credit card),
– by bank transfer to the following bank account in EUR: IBAN: PL64124051071978001105358632, SWIFT CODE/BIC: PKOPPLPW.
– by bank transfer to the following bank account in USD: IBAN: PL35124051071787001105358616, SWIFT CODE/BIC: PKOPPLPW.
– by bank transfer to the following bank account in GBP: IBAN: PL44124051071789001105358645, SWIFT CODE/BIC: PKOPPLPW.
– by bank transfer to the following bank account in PLN: IBAN: PL33124051071111001105358599, SWIFT CODE/BIC: PKOPPLPW.
2. The Customer who has selected the option of payment by bank transfer is obliged to pay for the order within five (5) working days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is deleted from the system. The title of the payment should indicate the number of the order being placed. It is possible to extend the payment deadline by informing the Store staff in advance.
6.
COMPLAINTS
1.
The Seller shall be liable under warranty for physical and legal
defects in the Goods to the extent provided for in Art. 556 et seq.
of the Act of 23 April 1964 – Civil Code (consolidated text, Dz.U.
/Journal of Laws/ of 2020, item 1740,
as amended).
2. A physical defect in the Goods consists in the non-conformity of the Goods sold with the Sales Contract, which occurs when:
- The Goods do not have the characteristics which they should have in view of the purpose of the Sales Contract, resulting from the circumstances or the intended use;
- The Goods do not have the properties which the Seller assured the Customer of;
- The Goods are not suitable for the purpose which the Customer informed the Seller of at the conclusion of the Sales Contract, and the Seller has not raised any objection to such purpose;
- The Goods have been delivered to the Customer in an incomplete form.
3. A legal defect in the Goods occurs when the Goods are the property of a third party or are encumbered by a right of a third party and the restriction on the use or disposition results from a decision or ruling of a competent authority.
4. With regard to the Consumer, the public assurances of the manufacturer or the entity placing the Goods on the market within the scope of its business activity or presenting itself as the manufacturer shall be deemed equal to the assurances of the Seller. However, the Seller shall not be liable if the Seller did not know or could not have known of these assurances, if these assurances could not have influenced the Consumer's decision to conclude the Sales Contract, or if the content of these assurances was corrected before the conclusion of the Sales Contract.
5. The Seller shall be liable under the warranty if the physical defect is discovered before the lapse of two years from the date of delivery of the Goods to the Customer.
6. If a physical defect is discovered before the lapse of one year from the date of delivery of the Goods, the defect or its cause shall be presumed to have existed at the time of delivery of the Goods.
7. If the purchaser is a Consumer and the physical defect is discovered before the lapse of one year from the delivery of the Goods, the defect or its cause shall be presumed to have existed at the time when the danger passed to the purchaser.
8. If the Goods have a defect, the Customer may request a price reduction or withdraw from the Sales Contract, unless the Seller immediately replaces the defective Goods with defect-free Goods or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the Goods with defect-free Goods or remove the defect.
9. If the Goods have a defect, the Customer may also request that the Goods be replaced with defect-free Goods or that the defect be removed.
Instead of consenting to the removal of the defect proposed by the Seller, the Customer may request that the Goods be replaced with defect-free Goods or, instead of replacing the Goods, request that the defect be removed, unless bringing the Goods into conformity with the Sales Contract in the manner selected by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
11. The Customer may not withdraw from the Sales Contract if the defect is insignificant.
12. Complaints regarding the Goods can be submitted:
a. in writing to the address of the Seller's registered office;
b. by e-mail to the e-mail address indicated in the Order confirmation.
13. A complaint should contain:
a. details of the person lodging the complaint (name, postal address, optional e-mail address and telephone number);
b. information about the reason for the complaint and the content of the request;
c. the Order number as shown in the Order confirmation;
d. an original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the lodging of a complaint, but is not required.
14. The Customer exercising their rights resulting from the warranty shall deliver the defective Goods, at the Seller's expense, to the following address: Glewiec 61, 32-104 Koniusza, Poland.
15. The Seller undertakes to respond to the complaint within fourteen (14) days of its receipt.
16. If the complaint is substantiated, the Seller undertakes to replace the defective Goods with defect-free Goods or remove the defect within fourteen (14) days from the date on which the Customer lodged the complaint.
17. In the event of an effective withdrawal from the Sales Contract, the Seller undertakes to refund the payment made by the Customer within fourteen (14) days from the date of receipt of the withdrawal, provided that the refund of the payment shall not take place until the Goods have been returned or the Customer has provided proof of their return.
18. If the Consumer has requested a replacement or removal of the defect or has submitted a request for a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within fourteen (14) days, the Seller shall be deemed to have acknowledged the request.
19. A request to remove the defect or replace the Goods with defect-free Goods shall become time-barred one (1) year from the date the defect was discovered. In the case of a Consumer, the limitation period may not end before the lapse of two (2) years.
20. The above provisions do not exclude the possibility of the Seller to grant a guarantee for the purchased Goods, which is provided for in separate guarantee terms and conditions.
7.
RIGHT TO WITHDRAW FROM THE CONTRACT
1. In accordance with the Act of 30 May 2014 on Consumer Rights (consolidated text, Dz.U. /Journal of Laws/ of 2020, item 287, as amended), the Consumer may withdraw from the Sales Contract concerning the Goods purchased in the Store without specifying the reason by submitting an appropriate written declaration within fourteen (14) days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). In order to meet this deadline, it is sufficient for the Consumer to send their declaration before the deadline expires. The exception to this rule are Goods manufactured according to the Customer's specifications, i.e. products not found in the Store's regular sales offer.
2. The Consumer may withdraw from the Sales Contract by submitting a declaration of withdrawal to the Seller. The template of the declaration constitutes Appendix 1 to these Terms and Conditions.
3. The declaration of withdrawal should be sent to the following address: Glewiec 61, 32-104 Koniusza, Poland, or by email to: projektyepoksydowe@gmail.com.
4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which they have withdrawn from the Sales Contract. To meet the deadline it is sufficient to send back the Goods before it expires.
5. The Goods shall be returned to the Seller's address: Glewiec 61, 32-104 Koniusza, Poland.
6. The Seller shall refund the Consumer with the value of the purchased Goods less the amount of delivery and bank charges within fourteen (14) days from the date of receipt of the declaration of withdrawal from the Sales Contract, but the payment shall not be refunded until the Goods have been returned by the Consumer or the Consumer has provided proof of their return.
7. The Seller shall refund the payment using the same method of payment as used by the Consumer or any other method agreed with the Customer.
8. The Consumer shall bear the costs of returning the Goods to the Seller.
9. The Consumer shall not have the right of withdrawal in respect of Sales Contracts:
- the subject matter of which is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individual needs;
- the subject matter of which are items that are inseparably connected with other items after delivery due to their nature;
- in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the expiry of the deadline for withdrawal.
10. The right of withdrawal from the Sales Contract concluded at a distance shall not be granted to an entity other than the Consumer within the meaning adopted for the purposes of these Terms and Conditions (see definition of "Consumer").
8.
OUT-OF-COURT DISPUTE RESOLUTION
1.
In the event that the complaint procedure does not provide the result
expected by the Consumer, the Consumer may use, among others:
- Mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates is available at https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- The assistance of the competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which a request should be submitted for consideration of the case before the arbitration court. 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.
- Free of charge assistance of the municipal or district consumer ombudsman.
- The ODR platform is available at http://ec.europa.eu/consumers/odr/.
2. The section entitled "Out-of-court dispute resolution" does not apply to the category of persons described in these Terms and Conditions as Consumers, or more specifically, "Entrepreneurs with Consumer rights", established for contracts concluded after 1 January 2021. Therefore, with regard to all contracts, this section only applies to entities regarded as Consumers in the strict sense.
9.
PERSONAL DATA PROTECTION
1.
By placing an order, the Customer agrees to the processing of
personal data provided by them for the purpose of processing and
handling the order by the Seller, who is also the controller of
personal data within the meaning of Art. 7 of Regulation (EU)
2016/679 of the European Parliament and of the Council of 27 April
2016 on the protection of natural persons with regard to the
processing of personal data and on the free movement of such data,
and repealing Directive 95/46/EC (General Data Protection
Regulation), OJ L 119, 4 May 2016, pp. 1–88.
2. The controller of personal data provided by the Customer upon the use of the Store is the Seller.
3. Personal data contained in the Seller's database shall not be transferred to entities that do not participate in the execution of the Sales Contract.
4. In accordance with Art. 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4 May 2016, pp. 1-88, the Customer has the right to access their personal data and request that their data be corrected or deleted. The Seller shall provide each Customer with the right to control the processing of their personal data.
5. The provision of personal data is voluntary, but the lack of consent for the processing of personal data prevents the execution of the Customer's order.
10.
FINAL PROVISIONS
1.
The Terms and Conditions set out the rules for the conclusion and
execution of a Sales Contract relating to the Goods available on the
Store's website.
2. The Sales Contract is concluded between the Customer and the Seller.
3. The electronic version of the Terms and Conditions is available to all Customers on the Store's website at www.hdpemolds.company.site.
4. In order to benefit from the Store's Services, it is required to use equipment that allows access to the Internet and a browser capable of displaying websites, as well as to provide an e-mail address necessary for the transmission of information concerning the processing of the order.
5. All persons, including Customers, are prohibited from posting unlawful content on the Store's website.
6. Matters not specified in these Terms and Conditions shall be governed by generally applicable laws.
7. These Terms and Conditions do not exclude or limit any rights of the Customer, who is a Consumer, to which they are entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to Consumers, the mandatory provisions of law shall prevail.
8. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the validity of the remaining part of these Terms and Conditions shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another, which reflects the intended economic purpose of the ineffective provision as closely as possible. Accordingly, this also applies to any gaps in the Terms and Conditions.
Appendix
1: Form of withdrawal from a contract by a Consumer
in the strict sense
or an Entrepreneur
with Consumer rights
Place:
___________, date: __________
Consumer/Entrepreneur with Consumer rights
First name and surname: ________________
Address: ________________
E-mail: ________________
Phone: ________________
Entrepreneur:
Name: Projekty Epoksydowe Krzysztof Bełus [Epoxy Projects Krzysztof Bełus]
Addresd: Glewiec 61, 32-104 Koniusza, Poland
FORM
OF WITHDRAWAL FROM A CONTRACT FOR THE PROVISION OF SERVICES BY A
CONSUMER OR AN ENTREPRENEUR WITH CONSUMER RIGHTS
Pursuant
to Art. 27 of the Act of 30 May 2014 on Consumer Rights (consolidated
text, Dz.U.
/Journal of Laws/ of 2020, item 1740,
as amended), with following wording:
Art. 27 of the Act on Consumer Rights
A consumer who concludes a distance contract or an off-premises contract may withdraw from the contract within 14 days without giving any reason and at no further cost, with the exception of the costs referred to in Art. 33, Art. 34 sec. 2 and Art. 35.
I
hereby give notice of withdrawal from the contract concluded on
_______________, consisting of:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
In
view of the above, I kindly request a refund of the following amount,
arising in connection with the withdrawal from the contract: PLN
______ (in words: _________________________________), to be
transferred to the following bank account number:
_________________________.
Yours
sincerely,
__________________
(handwritten signature of the consumer/Entrepreneur with Consumer rights)
Display prices in:EUR
