Terms and conditions of the website under the domain Otwrane.pl
I Definitions
III Electronic Services on the Website
IV Conditions for entering into a contract concerning the Product
V Methods and terms of payment for the Product
VI Cost, methods and time of delivery of the Product
VIII Liability to the Consumer for non-conformity of the goods with the contract
IX. Out-of-court complaint and redress procedures and rules of access to these procedures
X. Protection of personal data
XI. Amendment of the Rules of Procedure
XII. Provisions concerning clients who are not consumers
The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions less favourable to the Consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of Consumers to which they are entitled under mandatory provisions of law, and any possible doubts are to be interpreted in favour of the Consumer. In the event of any unintentional inconsistency between the provisions of these Terms and Conditions and the aforementioned legislation, the latter shall prevail.
PRICE - the amount of gross remuneration (including tax) payable to HOSSA for the transfer of ownership of the Product to the Customer, or the provision of the service or work to the Customer in accordance with the Contract, specified in Polish zloty or in another currency. The price does not include delivery costs, unless the terms and conditions of a Promotion applied by the Shop state otherwise.
Working day- one day from Monday to Friday excluding public holidays in Poland;
B2B registration form - a form, the completion of which initiates the registration process for a B2B customer
HOSSA - Katarzyna Matusik, conducting business under the name Hossa Katarzyna Matusik, Ul. Strumykowa, nr 35, lok. 83, 03-138 Warsaw, NIP 7591684955, REGON 522432623, e-mail address: kontakt@otwierane.pl. Address for delivery of Products returned as part of a complaint or exercising the right of withdrawal: Hossa Katarzyna Matusik ul. Józefa Poniatowskiego 87, 05-220 Zielonka.
CUSTOMER - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to whom legal capacity is granted by law, who enters into a remote agreement with Hossa, in particular purchases a Product or uses services, including services provided electronically on the Site. When the Customer is an entrepreneur or other legal entity which can enter into obligations on its own behalf., it is considered that he/she is represented by a representative authorized to represent the Customer under applicable law and that such a representative person is the User. Where the Client is an individual with limited legal capacity, he or she undertakes to obtain the legally effective consent of his or her legal representative to conclude the Agreement and to present such consent whenever requested to do so by HOSSA, with the understanding that, as a general rule, the agreements concluded on the Website are those commonly concluded for minor day-to-day matters;
Business Customer, B2B (Business to Business) customeris a customer who is an entrepreneur interested in the products or services offered by Opened.pl
Civil Code: Act of 23 April 1964 Civil Code;
Consumer: consumer within the meaning of the Civil Code;
Account: a record in the IT systems of the Website, individually assigned to the Customer, containing a collection of information relating to the Customer and the Orders he places and the Contracts he concludes, which the Customer, after logging in, may use to place Orders and conclude Contracts;
B2B account: a record in the IT systems of the Website assigned individually to a Business Customer, containing a collection of information relating to the Business Customer and the Orders he/she places and Contracts he/she concludes, using which the User, after logging in, can place Orders and conclude Contracts. A B2B Account also enables the download of marketing materials, product catalogues and product specifications by business partners.
By requesting the creation of a B2B account, the client agrees to make the following data available to Hossa Katarzyna Matusik:
the company name (in the case of sole traders, the company name including the first and last name) the first name of the User who is duly authorised by the Customer to place Orders and conclude Contracts on behalf of the Business Customer
email address
NIP
contact telephone number
Once a business customer has access to an Opened.co.uk B2B account, they have the opportunity to purchase products at special prices dedicated to their account settings.
BAGGAGE - service made available to each Customer who uses the Site, which consists of enabling the Customer to easily place an Order for one or several Products, to enter discount codes allowing for a reduction in Price pursuant to separate agreements/regulations, to display a summary of the Price of individual Products and of all the Products in total (including, if applicable, shipping costs), to display an estimated delivery date for the Products. The shopping basket shall contain the Customer's offers to conclude a Contract. More than one offer for a Contract may be made per Order. In order to maintain the highest quality of services provided through the Website, HOSSA may introduce a maximum limit of Products or a limit of the Price of Products that may be added to the Basket within a single Order.
Marketing materials
CONTENT/CONTENTS - text, graphic or multimedia elements (e.g. information about Products, photographs of Products, promotional films, descriptions, comments), including works within the meaning of the Act of 4 February 1994 on copyright and related rights, in particular verbal, verbal and graphic, graphic, musical, verbal and musical, audiovisual (including film) works, including those containing images of persons or intangible goods of third parties, which are placed and distributed within the Service by respectively: HOSSA, HOSSA's contractors, the Client or any other person using the Service;
PROMOTIONS - special conditions of sale or provision of services, governed by the terms and conditions expressed within the Service, offered by HOSSA at a specific time, which the Customer may take advantage of under the terms and conditions set out therein (such as, for example, a reduction in the Price or shipping costs);
PRODUCTS - Goods, works, delivery items that may be ordered and purchased in accordance with these Terms and Conditions;
REGULATIONS - these Terms and Conditions setting out the rules for the purchase of Products by means of distance communication and the provision of services electronically on the Site. With regard to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means;
SERVICE - the internet service run by Hossa at the address www.otwierane.pl with the use of which Hossa provides the services listed in the Regulations;
ONLINE SHOP - the online shop run by Hossa, operating at the following address www.otwierane.pl
ONLINE B2B-SHOP Internet shop run by Hossa, operating at https://b2b.otwierane.pl/.
GOODS - a movable item available on the Website that can be purchased by Customers against payment of a Price; All Goods presented on the Website are brand new;
GUEST MODE - a service which enables the ordering of Products in the Online Shop without the need to register an Account;
AGREEMENT -. a contract obliging the Customer to transfer ownership of a Product concluded between the Customer and Hossa, using means of distance communication, in particular: a contract of sale, a contract for work, a contract for delivery;
Contract for the provision of electronic services - an agreement between the Customer and Hossa concerning the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, transmitted and received by means of electronic processing equipment, including digital compression, and data storage, which is entirely transmitted, received or transmitted by means of a telecommunications network;
Electronic service- provision of services by electronic means, within the meaning of the Act of 18 July 2002 on provision of services by electronic means, by HOSSA to the Client via the Website in accordance with these Regulations. To the extent that services are provided by entities cooperating with HOSSA, the relevant provisions concerning the principles of use of these services are to be found in the regulations concerning the provision of services by these entities;
Consumer Rights Act - Act of 30 May 2014 on consumer rights;
User - The Customer or the person acting on behalf of the Business Customer to whom the Account, including the Business Account, is assigned; the User acting on behalf of the Business Customer must have the authority to act on behalf of the Business Customer, in particular to place Orders, and any actions and statements made by the User shall be deemed to be those of the Customer on whose behalf it is acting;
TECHNICAL REQUIREMENTS- The minimum technical requirements to be met in order to cooperate with the information and communication system used by HOSSA, including the conclusion of the Agreement: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Edge or Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) inclusion of Cookies and Javascript support in the web browser; To place an Order, the Customer must have a valid/active e-mail address and, in certain cases, a keyboard or other pointing device to enable the correct completion of electronic forms;
ORDER - The Customer's declaration of intent expressing a direct wish to conclude an agreement at a distance via the Site, made using the means of distance communication, specifying the Products for which the Customer is making an offer to conclude a contract of sale, work or service, and the Customer's data necessary for the eventual conclusion and performance of the agreement. The order of each Product or service will be treated as an independent offer by the Customer to conclude a contract (technical facilitation). The order may be placed by the User on behalf of the Customer. The Order may be assigned a single number and all offers will be processed in parallel. Acceptance of the Order by HOSSA under the terms of the Terms and Conditions shall constitute conclusion of the contract.
II. GENERAL PROVISIONS
1. The Service is operated by HOSSA Katarzyna Matusik (hereinafter: "Hossa") and is available at the internet address www.otwierane.pl (including sub-pages and bookmarks located at the indicated internet address). The Service is used to order and purchase Products.
2. The use of the Website requires that the terminal device and the ICT system used by the Customer meet the Technical Requirements.
3. These Terms and Conditions are addressed both to Customers who are Consumers and to Customers who are non-Consumers using the Website, in particular using electronic services and purchasing Products.
4. Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account or for the Customer to place an Order.
5. The information presented on the Website or, in the event that the possibility to make Orders using other means of remote communication is made available, an electronic message confirming receipt of the Order, constitute only an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, directed by HOSSA to the Customers, and not an offer within the meaning of the Civil Code.
III. ELECTRONIC SERVICES ON THE SITE
(2) The Agreement for the provision of services by electronic means is concluded at the moment of commencement of the provision by Hossa of the service made available on the Website. It is terminated, depending on the type of the service in question, at the moment the Customer ceases to use the service in question, in particular when: the Customer leaves the Service, deactivates the Account, or resigns from the service in question.
2. The use of the Shopping Cart begins when the Customer adds the first Product to the Shopping Cart.
3. The Shopping Cart service is provided free of charge and is provided on a one-off basis and is terminated when an Order is placed through it or when the Customer discontinues placing an Order through it at an earlier date, in accordance with the Customer's wishes, whereby, if the Shopping Cart is used through a web browser, the Shopping Cart remembers the information about the Products selected by the Customer also after the end of the browser session, including after logging out, for a period of up to 48 hours. Placing Products in the Basket does not guarantee their availability.
4. In particular, the customer is obliged to:
a) to provide in the forms made available on the Website only true, current and all the necessary data of the Customer;
b) promptly update the data, including personal data, provided by the Customer in connection with the conclusion of the Agreement, in particular to the extent that this is necessary for its proper execution; the Customer shall be able to change the data entered when creating an Account at any time using the options available within the Account;
c) to use the services and functionalities made available by HOSSA in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence accepted in a given scope;
d) to use the services and functionalities provided in a manner that is not onerous for other Clients and for HOSSA;
e) not to provide or transmit on the Website any Content prohibited by applicable law, in particular Content which infringes third parties' copyrights or their personal rights;
f) not taking actions such as:
- sending or posting unsolicited commercial information on the Website or posting any Content that violates the law (prohibition of unlawful Content);
- to undertake IT or any other action aimed at gaining access to information not intended for the Customer, including other Customers' data, or to interfere with the rules or technical aspects of the operation of the Website and the processing of payments;
- unauthorised modification of the Content, in particular the prices or descriptions of Products provided on the Website;
g) timely collection of Products ordered using the cash on delivery and cash on delivery payment method.
IV. CONDITIONS FOR ENTERING INTO A PRODUCT CONTRACT
1. The main features of the performance, including the subject matter and the method of communication with the Customer, are set out on the page of each Product.
2. HOSSA makes it possible to place Orders for Products on the Website.
3. As part of the development of the services provided, HOSSA may introduce further ways of placing Orders using means of distance communication, under the terms of these Regulations.
4. The conclusion of an Agreement via the Service between the Customer and HOSSA may take place after the Customer has placed an Order under the terms and conditions set out below.
5. HOSSA enables the Customer to place an Order via the Website as follows, in sequence:
a) The Customer adds the selected Product(s) to the Basket and then proceeds to the Order form.
b) The Customer must himself fill in the Order form with his data necessary for the conclusion and performance of the Contract. In any case, the provision of outdated or untrue Customer data may prevent the execution of the Contract. In the Order form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the Contract of Sale: Product(s), quantity of the Product(s), if available: type, colour and size of the Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are entrepreneurs, it is also necessary to provide the company name and, if they have requested a VAT invoice as part of the form, also the VAT number.
c) The customer chooses one of the delivery methods provided by HOSSA.
d) The Customer chooses the method of payment of the Price and any other total costs for the performance of the Contract indicated on the order form.
e) The Customer sends HOSSA an Order (submits an offer) using the functionality of the Website made available for this purpose (button: "I buy and pay"). Acceptance of the Terms and Conditions is required.
f) During the placement of the Order, until the "Buy and pay" button is pressed, the Customer has the possibility of correcting the entered data himself/herself within the "Basket" panel by adding or removing the given item from the Basket.
g) Depending on the payment method selected, the Customer may be redirected to the pages of a third-party payment service provider to make payment.
6. If the Agreement is concluded by other means of distance communication:
a) HOSSA sends an email to the Client confirming the contents of the proposed Agreement,
b) The Customer shall send HOSSA the Order by means of a message to the e-mail address from which it received the confirmation referred to in paragraph 6(a) above,
c) Acceptance of the Terms and Conditions by the customer is required.
7. HOSSA, in response to the Order, immediately sends an automatic message to the Customer's e-mail address provided for that purpose by the Customer confirming receipt of the Order and in order to begin verifying it, together with the Terms and Conditions in force at the time of the Order, attached in PDF form
8. Once the Order has been verified, without unreasonable delay, HOSSA sends an email to the Customer at the email address provided with:
a) by confirming acceptance of one or more individual offers for the Products made under the Order and confirming the conclusion of the Contract (acceptance of the Order with respect to the Products indicated in the message); or
b) information about the impossibility of accepting all offers for the Products, made within the scope of the Order, if their fulfilment is not possible.
9. The Contract is concluded upon confirmation of the offer(s), i.e. receipt by the Client of the message referred to in paragraph 8(a) above in respect of the Products indicated therein and on the terms and conditions set out in these Terms and Conditions. HOSSA sends confirmation of the terms and conditions of the Contract to the Client at the e mail address provided by the Client.
10. If it is not possible to accept all or some of the offers made under the Order, HOSSA will contact the Customer to:
a) inform the Customer that it is not possible to accept all offers to conclude the Contract made under the Order; or
b) confirmation by the Customer of its willingness to complete the Order in the part in which HOSSA has agreed to accept the offers to conclude the Contract. The Customer may then cancel the Order in its entirety (in respect of all offers), which does not affect its right to withdraw from the Contract. The cancellation of the Order by the Customer shall release HOSSA from its obligation to fulfil the Order. If the Order is cancelled, paragraph 11 below shall apply accordingly.
11. If it is not possible to accept the offer(s) made under the Order, the Contract in respect of the Products indicated by HOSSA shall not be concluded, and HOSSA shall immediately, no later than within 14 days, return to the Customer the payments made by the Customer to the extent that the Contract has not been concluded, unless the Regulations or generally applicable law provide otherwise.
12. HOSSA may inform the Customer of the status of the Order, in particular by sending messages to the email address provided by the Customer, by SMS or by telephone contact.
13. HOSSA strives to ensure the availability of all Products and the performance of the Contract.
14. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. HOSSA may, during a period selected by it, set a threshold for the minimum value of the Order for which shipping of the Products is free. The Customer shall be informed of the total price including taxes of the Product which is the subject of the Order, as well as the costs of delivery (including transport, delivery and postal charges) and other costs and, when the amount of such charges cannot be determined, the obligation to pay them, during the placement of the Order, including at the moment when the Customer expresses his/her will to be bound by the Contract.
15. Promotions valid on the Site or in stationary shops are not cumulative, unless otherwise expressly stated in the Promotion.
16 The contract is concluded for the period necessary for the execution of the Order.
V. METHODS AND PERIODS OF PAYMENT FOR THE PRODUCT
1. HOSSA provides the Client with various methods of payment for the Contract.
2. The possible current payment methods are specified on the Website in the footer under "Delivery and payment". The available payment methods depend on the delivery method selected by the Customer. The available payment methods may change in the event that several Orders are placed at the same time, particularly with regard to the Products covered by such Orders.
3. Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via authorised services.
4. If HOSSA does not receive the Customer's payment, HOSSA may contact the Customer to remind the Customer of the payment, including by sending an email. Failure to make payment within 4 days of the Order will result in non-acceptance of the offer made by the Customer under the Order and cancellation of the Order. The Customer may also cancel the Order without incurring any consequences by contacting HOSSA up to the time of receipt of the message that the Order has been dispatched, without prejudice to the Customer's right of withdrawal.
5. In the event that the Customer is allowed to choose cash on delivery, the Customer shall be obliged to make payment on delivery. The Customer's refusal to take delivery of the Product, despite the setting of an additional appropriate period of time, is a condition for the termination of the Contract.
VI. COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
1. The delivery of the Product is available in the territory of the Republic of Poland, to the extent each time indicated in the "Delivery and payment" tab of the Website.
2. Delivery of the Product to the Customer shall be for a fee, unless the Agreement provides otherwise. HOSSA may introduce special delivery conditions, in particular to determine from what amount of the Order free delivery will apply. The delivery costs of the Product are each time in the process of placing the Order at the "Cart Summary" stage.
3. The total waiting time for the Customer to receive the Product (delivery time) consists of the time for HOSSA to prepare the Order for dispatch and the time for the carrier to deliver the Product.
4. The time limit for delivery of the Product to the Customer is up to 30 Business Days, unless a different time limit is specified in the description of the Product in question or when the Order is placed.
5. The time taken for HOSSA to prepare an Order for dispatch is each time shown on the sub-page of the relevant Product and is calculated from (the start of the delivery period):
a) credit to HOSSA's bank account or settlement account - if the customer chooses to pay by bank transfer, electronic payment or payment card
b) the conclusion of the Contract - if the Customer chooses the cash on delivery payment method.
6. To the aforementioned time, the time of delivery of the Product by the respective carrier should be added, which depends on the form of delivery chosen by the Customer and is each time presented on the sub-page of the respective Product.
VII. Information concerning the exercise of the right of withdrawal from the Agreement pursuant to the Consumer Rights Act and from the Agreement for the provision of electronic services on the Website.
The provisions of this Section VII shall apply to a Consumer and a natural person who concludes an Agreement directly related to his/her business activity, when it follows from the content of this Agreement that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. With regard to other Customers, the provisions of the law, in particular of the Civil Code and Chapter XIII of these Regulations shall apply to withdraw from the Agreement and the agreement on provision of services by electronic means.
(2) The Customer shall have the right to withdraw from the Agreement and the contract for the provision of electronic services made available on the Website within 14 days without giving any reason.
(3) The period for withdrawal from the Agreement shall expire 14 days after:
- when the Customer took possession of the item or when a third party other than the carrier and indicated by the Customer took possession of the item - in the case of a sale, delivery, or contract for work which is a movable item;
- when the Customer has taken possession of the last item or when a third party other than the carrier and indicated by the Customer has taken possession of the last item - in the case of a sale of multiple goods delivered separately, a delivery or a contract for the work of multiple goods delivered separately;
- when the Customer has taken possession of the last lot or piece, or when a third party other than the carrier and indicated by the Customer has taken possession of the last lot or piece - in the case of a sale, delivery or contract for work of goods delivered in lots or pieces,
- concluding an agreement for the provision of services by electronic means - in the case of agreements for the provision of services by electronic means made available on the Website,
- conclusion of the contract - for other contracts.
(4) In order to exercise the right of withdrawal from the Contract, the Customer must inform Hossa of his decision to withdraw from the Contract by an unequivocal statement (for example a letter sent by post or e-mail). The Customer may also use the model withdrawal form attached as Appendix 1 to the Regulations or the withdrawal form attached as Appendix 2 to the Consumer Rights Act or send the statement of withdrawal to the stationary shop where the collection took place. The use of the forms is not obligatory.
(5) In order to comply with the withdrawal period, it is sufficient for the Customer to send a statement of withdrawal before the expiry of the withdrawal period.
(6) Upon receipt of a declaration of withdrawal from the Contract submitted electronically, Hossa shall immediately acknowledge its receipt.
Effects of withdrawal
(7) Withdrawal from the Contract shall have the effect that the Contract shall be deemed not to have been concluded. If the Customer withdraws from the Contract before Hossa has accepted the offer, the offer shall cease to be binding.
(8) In the event of withdrawal from the Contract, Hossa shall reimburse all payments received from the Customer, including the costs of delivery of the items (with the exception of the additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method offered by the Online Shop), immediately and in any case no later than 14 days from the day on which Hossa received the declaration of withdrawal from the Contract. Reimbursement shall be made using the same means of payment as those used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise. In any case, the Customer shall not incur any fees in connection with this refund.
9 Hossa may withhold reimbursement until it has received the item or until it has provided Hossa with proof of return, whichever event occurs first.
The Customer who has withdrawn from the Agreement should send the item back to the address: Hossa Katarzyna Matusik ul. Józefa Poniatowskiego 87, 05-220 Zielonka, or hand it over at the stationary shop located at this address, immediately and in any case no later than 14 days from the day on which Hossa was informed of the withdrawal from the Agreement. The deadline is met if the Customer sends the item back before the expiry of the 14-day period.
11 The customer shall bear the direct costs of returning the item.
(12) If, in the case of a distance contract, an item cannot, due to its nature, be sent back by normal post, you will have to bear the direct costs of returning the item. The amount of these costs, depending on the size of the parcel, is estimated at a maximum of approximately PLN 1,000, depending on the choice of operator.
(13) The customer shall only be liable for any diminution in the value of the item resulting from the use of the item other than that which was necessary to establish the nature, characteristics and functioning of the item.
(14) In the case of contracts for the provision of services, including design services, a Customer who withdraws from the Contract and requested the commencement of the service before the expiry of the deadline for withdrawal from the contract for the provision of services, shall be obliged to pay an amount proportionate to the extent of the services performed up to the moment he or she informed Hossa of the withdrawal from the Contract.
15 The Customer shall not have the right of withdrawal in respect of contracts:
(1) for the provision of services for which the consumer is liable to pay the price, where the trader has supplied the service in full with the consumer's prior express and informed consent prior to the provision of the service that he will lose his right of withdrawal after the trader has supplied the service and has acknowledged it;
(2) in which the price or remuneration is dependent on fluctuations in the financial market over which the trader has no control and which may occur before the end of the withdrawal period;
3) where the object of the provision is a non-refabricated good, produced to the consumer's specifications or serving to meet the consumer's personalised needs, in particular this applies to cutting, painting or covering the boards/laminates with a special coating chosen by the Customer and the sale of other Products, the making of other works, deliveries or services to the Customer's order, e.g. made-to-measure constructions;
4) in which the object of the performance is goods which are perishable or have a short shelf life;
5) where the object of the service is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
6) in which the object of the performance is goods which, after delivery, by their nature, become inseparable from other goods;
(8) in which the consumer has specifically requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer has a right of withdrawal in respect of the additional services or goods;
9) in which the subject matter of the service is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
10) concluded by public auction;
11) for the provision of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or the period of the service;
(12) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, where the trader has begun performance with the express and prior consent of the consumer, who has been informed before the beginning of the performance that he will lose his right of withdrawal after the trader has provided performance and has acknowledged it, and the trader has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act;
13) on a statement of services for which the consumer is liable to pay the Price, where the consumer has expressly requested the trader to come to the consumer's home for repair and the service has already been provided in full with the consumer's express and prior consent.
VIII. Liability to the Consumer for non-conformity of the goods with the contract (1) Hossa is obliged to deliver the Product in accordance with the contract and without defects and to duly perform the agreed services.
(2) In accordance with the provisions of the Civil Code and the Consumer Rights Act, Hossa shall be liable to the Consumer in the event that the Product is not in conformity with the Contract and for non-performance or improper performance of the service obligation. Hossa shall be liable as referred to in sentence 1, on the principles set out in paragraphs 3-21 of this Section VIII, also towards a natural person who concludes an Agreement directly related to his/her business activity, when it follows from the content of the Agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity. With regard to other Clients, Hossa shall be liable in accordance with the provisions of the Civil Code and Section XIII of these Regulations and the provisions of paragraphs 3-23 of this Section VIII shall not apply.
(3) Hossa shall be liable for the lack of conformity of the Product with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by Hossa, its legal predecessors or persons acting on their behalf, is longer. Any lack of conformity of the goods with the contract that becomes apparent before the expiry of two years from the time of delivery of the goods shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specific nature of the goods or the nature of the lack of conformity of the goods with the contract.
(4) If the goods are not in conformity with the Contract, the Consumer may request repair or replacement. Hossa may replace the goods when the Consumer has requested repair or repair the goods when the Consumer has requested replacement only if bringing the goods into conformity with the Contract in the manner chosen by the Consumer is impossible or would require excessive costs for Hossa. If repair and replacement are impossible or would require excessive costs for the trader, the trader may refuse to bring the goods into conformity with the contract.
(5) In assessing whether the costs are excessive, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity and the undue inconvenience to the consumer caused by the change in the manner in which the goods were brought into conformity.
(6) Hossa shall carry out the repair or replacement within a reasonable time from the moment it was informed by the Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer, taking into account the specific nature of the goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by Hossa.
(7) The Consumer shall make the goods subject to repair or replacement available to Hossa. Hossa shall collect the goods from the Consumer at its expense.
(8) If the goods have been assembled before the non-conformity of the goods with the contract becomes apparent, Hossa shall dismantle the goods and reassemble them after repair or replacement or have them done at its expense.
(9) The consumer shall not be obliged to pay for the mere use of the goods which have subsequently been replaced.
(10) If the non-conformity of the goods with the Contract has not been remedied in accordance with paragraphs 4, 6 or 8 above (Hossa has refused to bring the goods into conformity with the Contract, Hossa has not brought the goods into conformity with the Contract, the non-conformity continues to exist even though Hossa has attempted to bring the goods into conformity with the Contract) the Consumer may make a declaration to reduce the price or withdraw from the Contract. The Consumer may also make the declaration referred to in sentence 1 if the lack of conformity of the goods with the Contract is so significant that it justifies an immediate price reduction or withdrawal from the Contract or it is clear from Hossa's declaration or the circumstances that Hossa will not bring the goods into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer.
(11) The price of the goods reduced in accordance with paragraph 10 above must remain in such proportion to the Contract Price as the value of the non-conforming goods remains to the value of the conforming goods.
(12) Hossa shall reimburse the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer's statement on the reduction of the Price.
(13) The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. The lack of conformity of the goods with the contract shall be presumed to be material.
14, In the event of withdrawal, the consumer shall immediately return the goods to the trader at his expense. The trader shall reimburse the consumer immediately, but not later than 14 days after receiving the goods or proof of their return.
(15) If the lack of conformity with the Contract relates only to some of the goods supplied under the Contract, the Consumer may withdraw from the Contract only in respect of those goods and also in respect of other goods purchased by the Consumer together with goods which do not conform with the Contract if the Consumer cannot reasonably be expected to agree to retain only goods which do conform with the Contract
16 Hossa shall refund the Price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.
17. the Consumer may withhold payment of the Price until Hossa has complied with its obligations under Articles 4 to 16 above.
(18) Hossa undertakes to consider the complaint within 14 days from the day on which it was lodged and to inform the Client of the outcome in writing or on another durable medium. If Hossa does not respond to the complaint within the period referred to in sentence 1 above, it shall be deemed to have acknowledged the complaint.
(19) The consumer has the possibility to use out-of-court dispute resolution and redress methods. For example, there is an ego platform for consumer-to-business dispute resolution available at http://ec.europa.eu/consumers/odr. Submitting a dispute to an out-of-court method of settlement is voluntary and will in any case be subject to Hossa's consent.
(20) Complaints regarding the non-conformity of the goods with the Agreement or non-performance or improper performance of the service obligation or defects in the goods may be made by the Customer in writing to the following address: Hossa Katarzyna Matusik ul. Strumykowa 35/83; 03-138 Warsaw or by email to kontakt@otwierane.pl with the annotation "Complaint". If the complaint concerns a Product it is usually advisable to deliver it to HOSSA together with the request in order to enable HOSSA to examine the Product and respond to the request.
In the event that, in order for HOSSA to respond to the Client's complaint or exercise the Client's rights under the statutory warranty or to determine the non-compliance of the Product with the Agreement, it is necessary to deliver the Product to HOSSA, the Client shall be obliged to deliver the Product at HOSSA's expense to the address of Hossa Katarzyna Matusik ul. Józefa Poniatowskiego 87, 05-220 Zielonka , with the annotation "Complaint". If, due to the type of defect, the nature of the Product or the way in which it is installed, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to HOSSA, by prior arrangement, at the place where the Product is located.
23. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the manner of bringing the Product into conformity with the Contract or a declaration of price reduction or withdrawal from the Contract; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by HOSSA. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
24. Products presented on the Site may be covered by a manufacturer's or distributor's warranty. Detailed warranty terms and conditions and its duration are then stated in the warranty card issued by the guarantor and attached to the Product.
IX. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES (ADR)
1. The use of out-of-court complaint and redress procedures is voluntary.
2. Detailed information concerning the possibility for the Customer who is a Consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Commercial Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
a)http://www.uokik.gov.pl/spory_konsumenckie.php
b)http://www.uokik.gov.pl/sprawy_indywidualne.php
c)http://www.uokik.gov.pl/wazne_adresy.php
3. The customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:
a) The customer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection;,
b) The Customer shall be entitled to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for out-of-court dispute resolution between the Customer and HOSSA.
c) The Client may obtain free assistance in resolving a dispute between the Client and HOSSA, also using the free assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
d) The customer can submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between traders and consumers.3
X. PROTECTION OF PERSONAL DATA
1. The personal data of the Client and the Users acting on behalf of the Client are processed by HOSSA as personal data controller.
2. The provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services or conclude a Contract.
3. For further explanations on data protection, please refer to the Privacy Policy available on the Website.
XI. AMENDMENT TO THE RULES OF PROCEDURE
XII. PROVISIONS CONCERNING NON-CONSUMERS
1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers who are not Consumers.
2. HOSSA shall be entitled to withdraw from an Agreement concluded with a Client who is not a Consumer within 30 days of its conclusion. Withdrawal from the Agreement in this case may take place without giving any reason and shall not give rise to any claims on the part of the non-Consumer Customer against HOSSA.
3 The warranty is excluded.
4. Hossa's liability to the Client for lost profits is excluded.
(5) Hossa's total liability to the Customer for the performance of the Contract is limited to the amount of the Price payable under the relevant Contract. The above limit does not apply to damages caused by intentional fault.
5. Any disputes arising between HOSSA and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of HOSSA.
6. The provisions of par. 1-5 above shall not apply to Customers who are natural persons conducting business activity, who conclude a Sales Agreement with the Seller on the basis of the Terms and Conditions directly related to their business activity, if it follows from the content of a given agreement that it does not have a professional character for the Customer, resulting in particular from the subject of his/her business activity, defined on the basis of the provisions on the Central Register and Information on Business Activity. Such Customers are also entitled to withdraw from the contract on the principles provided for in point VII of the Rules.
XIII. FINAL PROVISIONS
1. The regulations are effective as of 13.11.2023.
2. Contracts concluded by HOSSA are concluded in the Polish language.
3. The material provisions of the Agreement are recorded, secured, made available and confirmed to the Customer by sending an e-mail to the Customer confirming the Order and attaching to the parcel containing the Product the Order specification and the fiscal proof of purchase, as well as a PDF containing the Terms and Conditions in force on the date of the Order. The content of the Contract is additionally recorded and secured in the Service's IT system.
4. The exclusive rights to the Content made available/posted within the Service by HOSSA or its contractors, in particular the copyright, the name of the Service, the graphic elements included therein, software and database rights are subject to legal protection and vested in HOSSA or entities with which HOSSA has entered into the relevant agreements. The Client shall be entitled to use the above-mentioned Content free of charge, as well as to use Content posted in accordance with the law and already distributed by other Clients within the Service, but only for his/her own personal use and solely for the purpose of proper use of the Service, worldwide. Any other use of the Content is only permissible with the express prior consent of an authorised party, in writing under pain of invalidity.
5. HOSSA provides technical and organisational measures appropriate to the degree of security threat to the functionality or services provided under these Terms and Conditions. The use of the Electronic Services involves typical risks concerning the transmission of data via the Internet, such as their dissemination, loss or access by unauthorised persons.
6. The content of the Terms and Conditions is available to Customers free of charge at the following URL www.otwierane.pl, from where Customers may view and take a printout at any time.
7. HOSSA informs that the use of the Website via a browser may be associated with the necessity of incurring Internet connection costs (data transfer fee) or telephone connection costs, according to the tariff package of the service provider used by the Customer.
8. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on provision of services by electronic means of 18 July 2002. , the Act on consumer rights and other relevant provisions of universally applicable law.
9. The choice of Polish law under these Terms and Conditions does not deprive the Consumer of the protection granted to him/her under the provisions that cannot be excluded by agreement between HOSSA and the Consumer under the law that would be applicable under the relevant regulations in the absence of the choice.
Annex 1 Sample withdrawal form
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)
- Addressee: Katarzyna Matusik, conducting business under the name Hossa Katarzyna Matusik, 87 Józefa Poniatowskiego Street, 05-220 Zielonka, NIP 7591684955, REGON 522432623, e-mail address: kontakt@otwierane.pl.
- Me/My(*) hereby inform(*) of my/our withdrawal from:
contracts for the sale of the following(*)
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contracts for the supply of the following(*)
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a contract for the following work(*)
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for the provision of the following service(*)
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- Date of conclusion of the contract(*)/acceptance(*)
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- Name of consumer(s)
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- Address of consumer(s)
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- Signature of consumer(s) (only if the form is sent on paper)
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- Date
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(*) Delete as appropriate.
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