GENERAL TERMS AND CONDITIONS OF THE WWW.HERRATON.COM ONLINE STORE

These Regulations define the rules for submitting and executing orders via the website operating at the URL: www.herraton.com

CHAPTER I - DEFINITIONS:

The terms used in these Regulations mean:

1. Seller - Mrs. Pawel Jurecki running a business under the name Pawel Jurecki with its registered office at: Niecała 2b 65-246 Zielona Gora, in accordance with the entries in the Central Register and Information on Economic Activity of the Republic of Poland supervised by the Minister of Development, the authority entering the Seller into CEiDG: City Hall of Zielona Gora (application number 000703051/2012), NIP: 9731102079, REGON 081042969, contact phone: +48 882 623183, daily from Mon. to Fri. from 9:00 a.m. to 5:00 p.m., excluding public holidays, e-mail: info@herraton.com; customer database reported to GIODO - WWW application number 49710416, newsletter recipient database reported to GIODO - WWW application number. 49870416;

2. Online Store - an online store run by the Seller at the URL: www.herraton.com;

3. Ordering Party - a natural person who has legal capacity, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, placing an Order within the Online Store;

4. User - any person using the website of the Online Store;

5. Goods - lighting equipment (eg chandeliers, ceiling lamps, floor lamps, wall lamps) and other products offered for retail sale in the Online Store;

6. Merchandise page - a subpage on the Online Store's website, which provides detailed information about the Merchandise;

7. Price - the gross price of the Goods placed next to the information about the Goods, but not including the costs of delivering the Goods to the Ordering Party and other additional fees to be paid by the Ordering Party, provided that it has agreed to bear them;

8. Order - the Ordering Party's declaration of intent, submitted via the Online Store, indicating the Goods or a set of Goods specified for execution by the Ordering Party, in accordance with these Regulations;

9. Sales contract - a contract for the sale of Goods within the meaning of the Act of 24 April 1964 Civil Code (i.e. Journal of Laws of 2014, item 121, as amended), concluded between the Seller and The Ordering Party, using the website of the Online Store;

10. Orderer's Account - a tool available in the Online Store system, after entering an e-mail address (Login) and Password, enabling, inter alia, tracking the stages of the Order on the website of the Online Store, viewing the Order history, editing the contact details of the Ordering Party and changing the Password, etc.;

11. User name - the e-mail address provided by the User during registration in the Online Store, required along with the Password to set up the Orderer's Account;

12. Password - a string of letters, numbers or other characters selected by the User during registration of the Ordering Party's Account, used to secure access to the Ordering Party's Account;

13. Consumer - a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity, as defined in Art. 22 (1) of the Act of April 24, 1964, the Civil Code (i.e. Journal of Laws of 2014, item 121, as amended);

14. Act - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);

15. Code of good practice - a set of rules of conduct, in particular ethical and professional standards referred to in Art. 2 points 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 (consolidated text, Journal of Laws of 2016, item 3, as amended);

16. Terms and condition - these regulations of the Online Store.

 

CHAPTER II - GENERAL PROVISIONS:

1. Before placing the Order, the User has the right to negotiate the terms of the Sales Agreement with the Seller. If the User resigns from the possibility of concluding a Sales Agreement through individual negotiations, these Regulations and generally applicable provisions of Polish law shall apply.

2. Placing an Order for Goods offered in the Online Store and the execution of Orders takes place on the basis of these Regulations and generally applicable law. These Regulations are the regulations referred to in Art. 8. The Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2013, item 1422)

3. The number of offered Goods covered by the promotion or subject to sale is limited. Execution of Orders for such Goods takes place in the order in which they were submitted by the Ordering Party, until stocks are exhausted.

4. The information provided on the website of the Online Store does not constitute an offer within the meaning of the provisions of the Act of 24 April 1964 of the Civil Code (i.e. Journal of Laws of 2014, item 121, as amended). They are only an invitation to submit offers by the Ordering Party.

5. All prices listed on the Online Store website are expressed in Polish zlotys (PLN) and are gross prices (including VAT). You can also choose the Prices view in pound sterling (GBP) or euro (EUR), in which case the prices are also gross prices (including VAT). In the Online Store, it is also possible to make the payment for the Order in pound sterling (GBP) or euro (EUR), the choice of the payment currency is made by the Ordering Party when placing the Order.

6. It is forbidden to use the Online Store or the website www.herraton.com by Orderers or Users to send unsolicited commercial information, the so-called spam within the meaning of the Act on the provision of electronic services of July 18, 2002 (consolidated text Journal of Laws of 2013, item 1422), as well as using the Online Store website in a manner contrary to the law, decency, violating the personal rights of third parties or the legitimate interests of the Seller.

7. Using the Online Store is possible for the Ordering Party who has the following equipment:

a. a PC or other device with Internet access;

b. Internet access;

c. web browser, e.g. Firefox, Internet Explorer or Google Chrome or other;

d. an active e-mail account.

8. Direct contact of the Ordering Party with the Seller is possible by phone, e-mail or via the contact form available on the website of the Online Store in the CONTACT tab. All contact details of the Seller are provided in these Regulations and on the website of the Online Store in the CONTACT tab.

9. The Seller informs that he applies the Code of Good Practice developed by the Association of Internet Industry Employers IAB Polska, available at: https://www.iab.org.pl/wp-content/uploads/2014/01/dobre-zadady- ecommerce.pdf

 

CHAPTER III - ELECTRONIC SERVICES:

1. Services provided electronically on the basis of these Regulations consist in enabling Users to make purchases in the Online Store, in particular using the Orderer's Account, as well as providing the newsletter service, the service of recommending the Goods on Twitter, Google+, Facebook, Pinterest and providing the "Send to friend ". These services are provided 24 hours a day, 7 days a week. These services are free of charge for Users.

2. The use of the Orderer's Account service requires registration by the User in accordance with the provisions of these Regulations.

3. The use of the newsletter service is possible by each User who, during registration of the Orderer's Account, deselects and thus activates the appropriate field in the Order form, or enters the e-mail address on the website of the Online Store in the place provided for this purpose and clicks the button marked with the symbol ">".

4. The service of recommending the Goods on Twitter, Google+, Facebook, Pinterest consists in enabling the User registered on these websites to publish individual and subjective statements of the User regarding the Goods. The user does not receive any remuneration from the Seller or other benefits for using this service.

5. The "Send to a friend" service allows the User to send to the e-mail address provided by the User a message about recommending the Good in the Online Store along with a link to the appropriate page of the Online Store with the presentation of the Good. By clicking on the link sent to the e-mail address in the web browser, the Product Page selected by the User will be opened for recommendation to a friend. The user does not receive any remuneration from the Seller or other benefits for using this service.

6. Having an Orderer's Account, after logging in to the Online Store's website, they may add Goods to their own wish list, so that each time they visit the Online Store, they do not have to search for them again.

7. By providing content through the free services offered by the Seller, referred to in these Regulations, the User makes a voluntary dissemination of the entered content. In case of any doubts, it should be assumed that the Seller only provides Users with appropriate IT resources for sharing and disseminating content, however, these content should not be equated with the views of the Seller.

8. Each User is responsible for the content posted and shared by them through the use of services provided electronically by the Seller.

9. Users may not post content that could in any way infringe the personal rights of third parties or the Seller, or violate any other rights of third parties, including copyrights and related rights, industrial property rights, business secrets. It is also forbidden for Users to post any offensive content that violates good manners, legal regulations or social norms, or content containing any personal data of third parties without their consent, as well as advertising content.

10. The contract for the provision of electronic services by the Seller is concluded for an indefinite period. The User may terminate this agreement at any time. The seller may terminate the contract for the provision of electronic services with a 14-day notice period. Termination of the contract for the provision of electronic services by either party, as well as its termination with mutual consent, is tantamount to deleting the Orderer's Account.

11. Termination or termination with the consent of the parties to the contract for the provision of electronic services shall not affect the performance of already concluded Sales Agreements, unless the parties agree otherwise.

12. The Seller may terminate the contract for the provision of electronic services with a 7-day notice period if:

a.the purpose of registration or the method of using the services is obviously contrary to the principles and purpose of the Online Store,

b. the User's activity is contrary to the applicable moral standards, calls for violence or committing a crime, and also if it violates the rights of third parties,

c. The Seller has received an official notification of the unlawful nature of the data provided by the Ordering Party or related activities,

d. The Seller has obtained credible information about the unlawful nature of the data provided or related activities and previously notified the Ordering Party of its intention to prevent access to the Ordering Party's Account,

e. The Ordering Party or the User is allowed to send unsolicited commercial information,

f. the Ordering Party or the User grossly or persistently breaches the provisions of the Regulations,

g. the address data provided by the Ordering Party raise objectively justified doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone or e-mail.

13. The user may unsubscribe from receiving the newsletter at any time free of charge. In this case, he should click on the link received in each message about unsubscribing from the newsletter, send the Seller information about unsubscribing from the newsletter from the e-mail address to which the newsletter was sent or contact the Seller.

14. The User may at any time resign from the service of recommending the Goods on Twitter, Google+, Facebook, Pinterest. This resignation consists in the User ceasing to use the service of recommending the Goods on Twitter, Google+, Facebook, Pinterest.

15. The User may at any time unsubscribe from the "Send to a friend" service. This resignation consists in ceasing to use this service and not sending messages to the e-mail addresses indicated by the User using the Online Store website.

16. The User may submit a complaint regarding the services provided electronically by the Seller. The User is asked to send a complaint containing the User's Login and a brief description of the problem to the Seller's e-mail address or in writing to the Seller's address.

17. Complaints are considered within 30 days of submitting the relevant complaint, in accordance with applicable regulations. The User will be informed by the Seller about the manner of its consideration.

 

 

CHAPTER IV - ORDER AND CONCLUSION OF A SALE AGREEMENT:

 

1. Placing an Order and concluding a Sales Agreement is conditional on the Ordering Party correctly completing the Order form (in particular providing the personal data required in the form, delivery address, contact telephone number and e-mail address, optionally company name and address, NIP number), selecting the selected form of delivery and payment and sending the completed Order from the shopping panel of the Online Store, as well as consenting to the processing of personal data by the Seller and confirmation of reading the Regulations of the Online Store.

2. When placing an Order, the Ordering Party may, but does not have to, register in the Online Store and create the Ordering Party's Account, so as not to provide the personal data indicated in para. 1. above. Registration is free and voluntary. Login and Password are confidential. The Ordering Party using the Login and Password is asked to keep this information confidential. The password is not known to the Seller. The User who has not registered the Orderer's Account places the Order as a guest. After correct registration of the Ordering Party's Account, the User receives a confirmation of registration of the Ordering Party's Account on the e-mail indicated in the registration process.

3. Each User may have only one Orderer's Account in the Online Store. The Ordering Party's Account is non-transferable, the User is not allowed to use the Accounts of the Ordering Party of other Ordering Parties and provide other persons with the possibility of using the Ordering Party's Account, including the Login and Password to the Ordering Party's Account.

4. Placing Orders in the Online Store is possible 24 hours a day, 7 days a week, however, the Seller does not execute Orders on public holidays, in accordance with applicable regulations.

5. In order to place an Order in the Online Store, the Orderer is asked to do the following:

a.selecting the Goods to be purchased, the quantity of the Goods, or selection of other parameters characteristic for the given Goods, if these are available for selection on the Goods Page, and then clicking the "Add to basket" button,

b.after selecting the Goods, clicking on the "Cart" icon and if the User has already selected all the Goods, clicking on the "Complete order" button,

c. then either log in to the Ordering Party's Account or create the Ordering Party's Account by providing personal data: name, address, telephone number, e-mail being the Login to the Ordering Party's Account and set the Password, or provide the delivery address, if different from the one indicated in contact details, or provide personal data and shipping details without registering the Ordering Party's Account, confirm that you have read the Regulations, consent to the processing of personal data, possibly enter comments addressed to the Seller in the field indicated for this purpose, and then click the "Save ",

d. then select the method of payment and enter any comments addressed to the Seller in the field indicated for this purpose, as well as provide the rebate code, if the Ordering Party has it, and then, in order to complete the Order, click on the button "I confirm the order with the obligation to pay ".

6. After placing the Order by the Ordering Party, he will receive a reply to the e-mail indicated in the Order, confirming the Order submission and the Order number. The sales contract is concluded when the Order is sent to the Ordering Party with the given Order number. The sales contract is concluded in Polish.

7. By placing an Order, the Ordering Party is bound by the Regulations from the moment of placing the Order. The Seller does not specify the minimum value of the Order in the Online Store.

8. The content of Sales Agreements concluded with the use of the Online Store is stored by the IT system of the Online Store for the period of having an Account of the Ordering Party in the Online Store, and the content of these agreements is made available only to the parties to the Sales Agreement. Each Ordering Party, after logging into the Ordering Party's Account, has access to all of their Sales Agreements concluded via the Online Store website for the period of their storage in the IT system specified in the first sentence. In the absence of the Ordering Party's Account, the content of the Sales Agreements concluded using the Online Store are stored by the Online Store's IT system until the end of the period of withdrawal from the Sales Agreement by the Consumer, but no longer than for a period of 3 months from the conclusion of the Sales Agreement.

 

CHAPTER V- FORMS OF PAYMENT, DELIVERY COSTS, ADDITIONAL CHARGES:

1. The payment methods available in the Online Store are:

a.prepayment to the Seller's account by traditional bank transfer or

b.prepayment to the Seller's account via electronic payments via PayPal,

c. payment on delivery upon receipt of the Order.

2. Electronic payments are made in such a way that the Ordering Party who orders the Goods via the Online Store website chooses payment via PayPal as a form of payment, and is redirected to the transaction website. After logging in there, the Ordering Party receives a ready-to-accept transfer form with the appropriate amount, transfer title and the Seller's data. After accepting the transfer, the Ordering Party is redirected back to the Online Store website. Online payments via PayPal are handled by PayPal (Europe) S.à r.l. & Cie, S.C.A with headquarters at L-1150 in Luxembourg. The personal data of the Ordering Party are transferred to PayPal (Europe) S.à r.l. & Cie, S.C.A, which is their personal data administrator.

3. If you choose to pay by traditional bank transfer as a form of payment, the amounts due for the ordered Goods along with delivery costs should be paid to the account number Mariola Lagiewska, Iban. IE84AIBK93001601919091 Sortcode. AIBKIE2DBic no. 01919091, AIB Bank 1-2, Castle Street, Tralee, Co. Kerry, V92 FP83, Ireland. The Ordering Party is asked to enter in the title of the transfer the number of the Order from the Online Store received in the e-mail confirming the Order and the name and surname of the Ordering Party. Making an incorrect payment may significantly extend the term of the Order.

4. In the event of non-payment within 7 business days from the conclusion of the Sales Agreement, the advance payment for the Order or the remaining Price, after receiving the information from the Seller that the Goods are ready for shipment, the Order is canceled.

5. The time of commencement of the Order execution coincides with the moment the payment is credited to the Seller's bank account specified in the Order confirmation - in the case of payment by traditional bank transfer or upon receipt of information about the payment being made via the PayPal system.

6. If the Ordering Party chooses the payment method "cash on delivery" upon receipt of the Order, the Ordering Party is obliged to settle the advance payment on the Price in the amount of 30% of the price of the Goods on the date indicated by the Seller. The remaining part of the Price is payable by the Ordering Party upon receipt of the Order.

7. The Seller makes deliveries to the place indicated by the Ordering Party, via courier companies or via transport companies. Detailed information on possible forms of delivery, including delivery costs, is available in the SHIPPING tab on the Online Store website.

8. The costs of delivery of the Goods on the territory of the Republic of Poland are visible in the SHIPMENT tab.

9. Delivery costs are provided each time the Ordering Party chooses the delivery method when placing the Order. The total cost of delivery of the Goods (ie the Price of the Goods along with the costs of the selected method of delivery of the Order) are visible to the Ordering Party in the Order panel before placing the Order and in the e-mail confirming the Order.

10. If the value of the Order is PLN 5,500 and above, GBP 1,000 and above, or EUR 1,400 and above, with the proviso that these amounts do not include delivery costs, the Seller shall cover the cost of delivery of the Order.

 

CHAPTER VI - ORDER IMPLEMENTATION:

1. The price at the time of placing the Order is binding for a given Order.

2. The Ordering Party is informed by e-mail when the Order leaves the Seller's warehouse and is handed over to the supplier for shipment to the Ordering Party.

3. Ordered Goods available in the Seller's warehouse are shipped within 24 hours to 7 days, excluding public holidays, within a maximum of 30 days, counted after the payment for the Order is credited to the account in the case of prepayment to the Seller's account.

4. Detailed information on the availability of the Good is provided on the Product Page. The implementation of the Order depends on the degree of exhaustion of the Goods in the Seller's warehouse, therefore, if the Order includes Goods that are not available at the moment, the Seller will immediately inform the Ordering Party by e-mail or telephone. The Ordering Party then has the right to resign from the entire Order, or to resign from the missing Goods, or to consent to the extension of the Order completion time, or to complete the Order in parts, or to replace the missing Goods with similar ones with similar properties and price.

5. In the case of Goods available "on request", the Goods will be shipped after confirmation of its availability from the manufacturer, the Seller will immediately inform the Ordering Party about the date of shipment by e-mail or by phone. The Ordering Party then has the right to resign from the entire Order, or to resign from the missing Goods, or to consent to the extension of the Order completion time, or to complete the Order in parts, or to replace the missing Goods with similar ones with similar properties and price.

6. The Seller reserves the right to refuse to execute the Order if:

a. the Order form will be filled in incorrectly and the Seller cannot contact the person placing the Order in order to verify their contact details;

b. The Ordering Party will not transfer the required amount to the Seller's account or the advance payment (in the case of the choice of prepayment to the Seller's account or in the case of choosing the payment method "cash on delivery" when collecting the Order) or the shipment will not be collected by the Ordering Party.

7. The Seller delivers the ordered Goods in the territory of the Republic of Poland. If the delivery address is provided outside these areas, the Ordering Party is asked to immediately contact the Seller in order to determine the individual terms of the Sales Agreement, in particular the costs of delivery of the Goods.

8. The Ordering Party undertakes to collect the ordered Goods and / or pay the Price indicated by the Seller for the Order.

9. If the Ordering Party is not a Consumer, the Seller reserves the right of ownership of the Goods until the price is paid, in accordance with the provisions of these Regulations.

10. When delivering the Goods by a courier company or a transport company, the Ordering Party is asked to check, in the presence of the courier / transport company employee, that the shipment does not have any damage resulting from transport, whether it is intact, in accordance with the Order. Shipment verification is a free service that guarantees the highest quality of services. In the event of damage to the shipment, incompleteness or non-compliance of the shipment with the Order, the Ordering Party is asked to write a damage report and immediately report this fact to the Seller.

11. A fiscal receipt or a VAT invoice is issued for each product sold, provided that the Ordering Party indicated the invoice and provided the necessary data for this purpose when placing the Order. The sales document is a written confirmation of the content of the placed Order.

12. The Seller undertakes to deliver the Goods without defects, excluding any defects indicated in the sales offer on the individual Goods Pages in the Online Store.

13. In the event of the Ordering Party's failure to pay by the deadline referred to in part V. paragraph 5. of the Regulations, the Seller sets an additional deadline for the Ordering Party to make the payment and informs the Ordering Party about it by e-mail. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Ordering Party by e-mail a declaration of withdrawal from the contract pursuant to art. 491 of the Act of April 24, 1964 Civil Code (i.e. Journal of Laws of 2014, item 121, as amended).

 

CHAPTER VII - CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT:

1. Pursuant to Art. 27. of the Act, the Seller informs about the Consumer's right to withdraw from the Sales Agreement within 14 days without giving any reason. The deadline to withdraw from the Agreement expires after 14 days from the date on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the goods.

2. To exercise the right to withdraw from the Sales Agreement, inform the Seller (Mariola Lagiewska, Sulechowska 1 street, room 500, 65-001 Zielona Gora, email: info@herraton.com) about the decision to withdraw from the Sales Agreement by way of an unequivocal statement (for example, in the form of a letter sent by letter or e-mail). If the Ordering Party uses the form of sending a declaration of withdrawal from the Contract of Sale by e-mail, the Seller shall immediately send the Ordering Party a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. by e-mail).

3. The Ordering Party who is a Consumer may also use the model withdrawal form, which is attached as Annex 1 to these Regulations, but it is not obligatory.

4. To meet the deadline to withdraw from the Sales Agreement, it is enough to send information on the exercise of the Ordering Party's right to withdraw from the Agreement before the deadline to withdraw from the Sales Agreement.

5. Effects of withdrawal: in the event of withdrawal from the Sales Agreement, the Seller returns to the Ordering Party being a Consumer all payments received from him, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Ordering Party other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Ordering Party's decision to exercise the right to withdraw from the Sales Agreement. The reimbursement will be made by the Seller using the same payment methods that were used by the Ordering Party in the original transaction, unless the Ordering Party expressly agreed to a different solution; in any event, the Ordering Party will not incur any fees related to this reimbursement. The Seller may withhold the reimbursement until receipt of the Goods or until proof of their return is provided to him, whichever occurs first.

6. Returned Goods The Ordering Party is requested to send back or deliver them to the following address of the Seller: Mariola Łagiewska, ul. Sulechowska 1 lok. 500, 65-001 Zielona Góra, immediately, and in any case not later than 14 days from the date on which the Ordering Party informed the Seller about the withdrawal from the Sales Agreement. The deadline is met if the Ordering Party sends back the Goods before the deadline of 14 days. The Ordering Party will have to bear the direct costs of returning the Goods.

7. The Ordering Party who is a Consumer is only responsible for reducing the value of the Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.

8. Pursuant to the provisions of Art. 38. of the Act, the Consumer is not entitled to withdraw from the Sales Agreement in relation to contracts:

a.for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the provision begins that after the Seller has fulfilled the service, he will lose the right to withdraw from the Sales Agreement;

b. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Sales Agreement;

c. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs (on an individual order);

d. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;

e. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;

h. in which the Consumer has expressly demanded that the Seller come to him for urgent repair or maintenance;

i. if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Sales Agreement in relation to additional services or items; i. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

j. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

k. concluded through a public auction;

l. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the day or period of service provision is indicated in the Sales Agreement;

m. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline to withdraw from the Sales Agreement and after informing the Seller about the loss of the right to withdraw from the Sales Agreement.

 

CHAPTER VIII - COMPLAINTS:

1. The goods offered by the Seller in the Store are original and brand new and have a 24-month manufacturer's warranty.

2. The Seller is liable for defects in the Goods, in accordance with the liability rules set out in the provisions of the Act of 24 April 1964 Civil Code (i.e. Journal of Laws of 2014, item 121, as amended), in particular art. . 556 and 556 (1) - 556 (6) of the Civil Code. If the buyer of the Goods is not a Consumer, the Seller's liability under the warranty is excluded pursuant to art. 558 § 1 of the Act of 24 April 1964 Civil Code (i.e. Journal of Laws of 2014, item 121 as amended).

3. In the event of defects in the Goods, the Ordering Party may submit a complaint directly to the manufacturer of the Goods to the address indicated on the packaging of the Goods, or in the guarantee document attached to the Goods, or submit a complaint to the Seller by sending it by e-mail to the following e-mail address: info@herraton.com or in writing to the Seller's address: Mariola Lagiewska,  Sulechowska 1 street, room 500, 65-778 Zielona Gora.

4. The Ordering Party, sending the advertised Goods to the Seller, is asked, in order to improve the course of considering the complaint, to provide the following data: name and surname, exact address, Order number, e-mail address and to describe the defect of the Goods and the claimant's request in detail. When submitting a complaint, the Ordering Party is also asked to attach a copy of the sales receipt (e.g. a copy of the receipt or VAT invoice).

5. Complaints are considered within 14 days of submitting the relevant complaint, in accordance with applicable regulations. The Ordering Party will be informed by the Seller about the method of its consideration.

6. The Seller informs that he agrees to settle consumer disputes pursuant to the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823). If the complaint is not recognized by the Seller, the Consumer may use extrajudicial means of dealing with complaints and pursuing claims and request intervention from the Delegation of the Provincial Inspectorate of Trade Inspection in Zielona Góra, ul. Westerplatte 11, abr. 107, 65-034 Zielona Gora, http://www.ihgorzow.ires.pl/. Detailed procedures for using the help of the Trade Inspection are available on the website of the office and also on the website www.uokik.gov.pl in the "Settlement of consumer disputes" and "Important addresses" tabs. Out-of-court redress after the complaint procedure is completed is free of charge. In the case of the Ordering Party who is a Consumer who wants to use an out-of-court redress method, it is also possible to file a complaint via the EU ODR internet platform, available at http://ec.europa.eu/consumers/odr/

 

CHAPTER IX - PERSONAL DATA:

1. The Ordering Party, when placing an Order in the Online Store and / or registering the Ordering Party's Account, is asked to accept the terms of these Regulations and consent to the Seller using his personal data for the purposes of the performance of the Sales Agreement and delivery of the ordered Goods and / or registration of the Ordering Party's Account, under the conditions specified in the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 1997, No. 133, item 883, as amended). The administrator of personal data is the Seller.

2. Each of the Ordering Parties has the right to access their personal data and correct them. Providing personal data is voluntary, but necessary for the performance of the Sales Agreement and the delivery and / or registration of the Ordering Party's Account.

 

CHAPTER X - OTHER PROVISIONS:

1. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code (consolidated text: Journal of Laws of 2014, item 121, as amended), the Act on the provision of electronic services (vol. Journal of Laws of 2013, item 1422), and in relation to Consumers also the Act.

2. For the avoidance of doubt, it is stated that none of the provisions of these Regulations limits the consumer's rights under the provisions of the law in force in the Republic of Poland. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.

3. The Seller is entitled to amend these Regulations for important reasons (eg change in the law, change in the functioning of the Online Store). In the event of changes to these Regulations, the User will be notified at least 14 days in advance before the changes come into force (relevant information about changes to the Regulations will be posted on the Online Store website, and Users who have an Orderer's Account will receive information about changes to the Regulations. by e-mail.) If the amended Regulations are not accepted, the User has the right to resign from using the Online Store and terminate the Service Agreement. This does not exclude or limit the User's right to resign from using the Online Store at any time.

4. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the website of the Online Store.

5. The provisions of the Regulations should be interpreted in a way that ensures their compliance with applicable law.