Regulamin sklepu
Terms and Conditions of the Online Store
§1 Preliminary Provisions
1. The online store HOOKAHTEKA, available at www.hookahteka.com, is operated by Eugeniusz Kudrzycki conducting business under the name HOOKAHTEKA Eugeniusz Kudrzycki, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, VAT No. (NIP): 5252857010, Business Registry No. (REGON): 388552629.
2. These Terms and Conditions apply to both Consumers and Business Customers using the Store and define the rules for using the online store as well as the terms and procedure for concluding Distance Sales Agreements with Customers through the Store.
§2 Definitions
1. Consumer — a natural person entering into an agreement with the Seller through the Store, where the subject matter of the agreement is not directly related to their business or professional activity.
2. Seller — a natural person conducting business under the name HOOKAHTEKA Eugeniusz Kudrzycki, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, VAT No. (NIP): 5252857010, Business Registry No. (REGON): 388552629.
3. Customer — any entity making purchases through the Store.
4. Business Customer — a natural person, legal person, or organisational unit without legal personality that is granted legal capacity by a separate act, conducting business activity in its own name and using the Store.
5. Store — the online store operated by the Seller at www.hookahteka.com.
6. Distance Contract — a contract concluded with a Customer within an organised distance contracting system (through the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of conclusion of the contract.
7. Terms and Conditions — these Terms and Conditions of the Store.
8. Order — a declaration of intent by the Customer submitted via the Order Form, aimed directly at concluding a Sales Agreement for one or more Products with the Seller.
9. Account — the customer account in the Store, containing data provided by the Customer and information about Orders placed by them in the Store.
10. Order Form — an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
11. Cart — a software element of the Store displaying the Products selected by the Customer for purchase, with the option to set and modify Order details, in particular the quantity of products.
12. Product — a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
13. Sales Agreement — a contract for the sale of a Product concluded or being concluded between the Customer and the Seller through the online Store. The Sales Agreement also encompasses — depending on the nature of the Product — a service agreement and a contract for work.
§3 Contact with the Store
1. Seller’s address: Al. Prymasa Tysiąclecia 83A/U9a, 01-242 Warsaw, Poland.
2. Seller’s e-mail address: info@hookahteka.com.
3. Seller’s phone number: +48 576 147 341.
4. Seller’s bank account number: 62 1020 1097 0000 7102 0340 6824.
5. The Customer may communicate with the Seller using the addresses and phone numbers provided in this section.
6. The Customer may contact the Seller by phone during the following hours: 11:00 – 21:00.
§4 Technical Requirements
To use the Store, including browsing the Store’s assortment and placing Orders, the following are required:
a. a terminal device with Internet access and an up-to-date web browser,
b. an active e-mail account,
c. cookies enabled.
§5 General Information
1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions or interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment and placing Orders does not require the Customer to create an Account.
3. Prices in the Store are quoted in Polish zloty (PLN) and are gross prices (inclusive of VAT).
4. The final total amount payable by the Customer consists of the price of the Product and the cost of delivery (including transport, shipping, and postal service charges), which the Customer is informed of on the Store’s pages during the Order placement process, including at the moment of expressing the intention to be bound by the Sales Agreement.
5. In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final price is the total price covering all payments for the billing period.
6. Where the nature of the subject matter of the Agreement does not allow, upon reasonable assessment, for the prior calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services, and other costs, will be provided in the Store under the “Delivery and Payment” tab.
§6 Order Placement Rules
To place an Order, the Customer must:
1. select the Product(s) to be ordered, then click the “Add to Cart” button (or equivalent);
2. complete the Order Form by entering the recipient’s details and the delivery address, select the type of shipment (delivery method), and enter invoice details if different from the recipient’s details;
3. click the “Order and Pay” button;
4. select one of the available payment methods and, depending on the chosen method, pay for the Order within the specified time limit, subject to §8 point 3.
§7 Delivery and Payment
1. The Customer may use the following delivery or collection methods for the ordered Product:
a. Courier delivery.
b. InPost parcel locker.
2. The Customer may use the following payment methods:
a. Bank transfer to the Seller’s account.
b. Electronic payments.
c. Payment by card:
- Visa
- Visa Electron
- Mastercard
- MasterCard Electronic
- Maestro
d. In the case of a bank transfer, payment should be made to the following bank account: 62 1020 1097 0000 7102 0340 6824 (PLN) or 91 1020 1097 0000 7802 0340 6832 (EUR), PKO BANK POLSKI, SWIFT/BIC: BPKOPLPW. The Order number must be stated in the transfer title.
3. The entity providing online card payment processing services is Autopay S.A.
4. Detailed information on delivery methods and accepted payment methods is available on the Store’s pages.
5. In the case of a Customer who is not a Consumer, the risk of accidental loss or damage to the Product passes from the Store to the buyer at the moment the Product is handed over to the carrier.
6. In the case of a Customer who is not a Consumer, the Store reserves the right to limit the available payment methods and may require advance payment of part or the full Order amount, regardless of the payment method selected or the conclusion of the Sales Agreement.
§8 Performance of the Sales Agreement
1. The Sales Agreement between the Customer and the Seller is concluded after the Customer submits an Order via the Order Form in the online Store in accordance with §6 of these Terms and Conditions.
2. After the Order is placed, the Seller shall promptly confirm receipt and simultaneously accept the Order for processing. Confirmation of receipt and acceptance is made by sending an e-mail to the address provided by the Customer during Order placement, containing at minimum: the Seller’s confirmation of receipt and acceptance of the Order, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement is concluded at the moment the Customer receives the above e-mail.
3. In the case of the Customer choosing:
a. bank transfer, electronic payment, or payment by card — the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement; otherwise the Order will be cancelled.
4. The Product will be dispatched by the Seller within the timeframe indicated under the “Delivery and Payment” tab (subject to paragraph 5 of this section), in the manner selected by the Customer during Order placement.
5. The delivery period begins as follows: in the case of bank transfer, electronic payment, or card payment — from the date the Seller’s bank account is credited.
6. Delivery of the Product takes place within the European Union.
7. Delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. Delivery costs (including transport, shipping, and postal service charges) are indicated to the Customer on the online Store’s pages under the “Delivery and Payment” tab and during Order placement, including at the moment the Customer expresses the intention to be bound by the Sales Agreement.
§9 Right of Withdrawal
1. A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period referred to in paragraph 1 begins from the delivery of the Product to the Consumer or a person designated by them other than the carrier.
3. In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period referred to in paragraph 1 begins from delivery of the last item, batch, or part.
4. In the case of an Agreement involving the regular delivery of Products over a fixed period (subscription), the period referred to in paragraph 1 begins from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. It is sufficient for the Consumer to send the declaration before the expiry of the withdrawal period.
6. The declaration may be sent by post or electronically to the Seller’s e-mail address — contact details are provided in §3. The declaration may also be submitted using the model form constituting Annex No. 1 to these Terms and Conditions and the annex to the Act of 30 May 2014 on Consumer Rights, although this is not mandatory.
7. In the case of an electronic declaration, the Seller shall promptly send the Consumer a confirmation of receipt of the withdrawal declaration to the e-mail address provided.
8. Effects of withdrawal:
a. In the case of withdrawal from a Distance Contract, the Agreement is considered not concluded.
b. In the case of withdrawal, the Seller shall refund all payments made by the Consumer, including the cost of delivery of the goods, promptly and no later than 14 days from the date of receipt of the Consumer’s withdrawal declaration, with the exception of additional delivery costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery offered by the Seller.
c. The Seller shall make the refund using the same payment method as used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that does not incur any costs for them.
d. The Seller may withhold the refund until the Product has been received back or until proof of its return has been provided, whichever occurs first.
e. The Consumer should return the Product to the Seller’s address provided in these Terms and Conditions promptly and no later than 14 days from the date of informing the Seller of the withdrawal. The deadline is met if the Consumer sends the Product before the expiry of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning a Product which, due to its nature, cannot be returned by standard post.
g. The Consumer is only liable for any diminution in the value of the Product resulting from handling it in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product. To establish the nature, characteristics, and functioning of Products, the Consumer should handle and inspect them only in the same manner as they would be allowed to in a physical store.
9. The right of withdrawal from a Distance Contract does not apply to the Consumer in the case of a Sales Agreement:
a. where the subject matter is a non-prefabricated item produced to the Consumer’s specifications or clearly personalised;
b. where the subject matter is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
c. where the subject matter consists of items which, after delivery, due to their nature, become inseparably mixed with other items;
d. where the subject matter is a service, if the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed before commencement that they would lose the right of withdrawal upon full performance by the Seller;
e. where the subject matter is an item that deteriorates rapidly or has a short shelf life.
§10 Complaints and Warranty
1. The Sales Agreement covers new Products.
2. In the event of a defect in a Product purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code.
3. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
4. The Seller shall respond to the complaint promptly and no later than within 14 days; failure to do so within this period shall be deemed acceptance of the Customer’s claim.
5. Products returned under the complaints procedure should be sent to the address provided in §3 of these Terms and Conditions.
6. The Store is not the manufacturer of the Products and does not provide any additional warranty for products sold. The manufacturer may be liable under the warranty for the sold Product on the terms and for the period indicated in the warranty card. Where the warranty document provides for such a possibility, the Customer may also submit warranty claims directly to an authorised service centre, the address of which is provided in the warranty card. The warranty does not exclude, limit, or suspend the Customer’s rights arising from the statutory warranty for defects in sold goods.
7. In the case of a Sales Agreement concluded with a Customer who is not a Consumer, the Store’s liability under the statutory warranty for Product defects is excluded pursuant to Article 558 §1 of the Civil Code. This exclusion shall be ineffective if the Store fraudulently conceals the defect.
§11 Out-of-Court Dispute Resolution
1. Detailed information on the Consumer’s right to use out-of-court complaint and redress procedures, and the rules of access to those procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Regional Trade Inspection Inspectorates, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following example options for using out-of-court complaint and redress procedures:
a. The Consumer is entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the regional inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between them and the Seller by using the free services of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Polish Consumers’ Association).
§12 Personal Data in the Online Store
1. The controller of Customers’ personal data collected through the online Store is the Seller.
2. Customers’ personal data collected by the controller through the online Store is processed for the purpose of performing the Sales Agreement, and — if the Customer gives their consent — also for marketing purposes.
3. Recipients of Customers’ personal data from the online Store may include:
a. In the case of a Customer using postal or courier delivery, the Controller may share the Customer’s personal data with the selected carrier or intermediary processing shipments on behalf of the Controller.
b. In the case of a Customer using electronic payments or card payment, the Controller may share the Customer’s personal data with the selected entity handling such payments in the online Store.
4. The Customer has the right to access and correct their personal data.
5. Providing personal data is voluntary; however, failure to provide the personal data required under these Terms and Conditions for the conclusion of the Sales Agreement will make it impossible to conclude such an agreement.
Detailed information regarding the processing of personal data, including the legal basis, data retention periods, applicable rights, and the Controller’s contact details, can be found in the Privacy Policy.
§13 Final Provisions
1. Agreements concluded through the online Store are made in Polish.
2. The Seller reserves the right to amend these Terms and Conditions for important reasons, including: changes in the law, changes in payment and delivery methods — to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Seller will notify the Customer of any change at least 7 days in advance.
3. Matters not regulated by these Terms and Conditions shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services; the Act on Consumer Rights; and Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
4. The Customer has the right to use out-of-court complaint and redress procedures. To do so, they may submit a complaint via the EU online dispute resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/.
Annex No. 1
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
— Addressee: HOOKAHTEKA Eugeniusz Kudrzycki, Al. Prymasa Tysiąclecia 83A/U9a, 01-242 Warsaw, Poland, info@hookahteka.com
— I/We(*) hereby give notice of my/our(*) withdrawal from the contract of sale of the following goods:
— Date of contract(*)/receipt(*)
— Name(s) of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is submitted on paper)
— Date
(*) Delete as appropriate
