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TERMS AND CONDITIONS

ONLINE STORE REGULATIONS
  These Terms and Conditions set out the general terms and conditions, rules and manner of sales conducted by "HURTEL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Zielona Góra, by means of the internet shop hurtel.com/en (hereinafter referred to as the "Online Shop"), and sets out the terms and conditions for the provision of free electronic services by "HURTEL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Zielona Góra.

§ 1 Definitions
  1. Business days - means the days of the week from Monday to Friday, excluding public holidays.
  2. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller through the Supplier.
  3. Supplier - means the entity with which the Seller cooperates in making the Delivery of the Goods:
  a) the courier company;
  b) InPost Sp. z o.o. with its registered office in Krakow, which provides delivery services and operates a system of post office boxes (Paczkomat);
  c) Poczta Polska S.A. with its registered office in Warsaw. 4.
  4. Password - means a sequence of letter, digital or other characters chosen by the Customer during the Registration process in the Online Shop, used to secure access to the Customer's Account in the Online Shop.
  5. Customer - shall mean an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
  6. Consumer - means a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
  7. Customer Account - means an individual panel for each Customer, launched for his/her benefit by the Seller, after the Customer registers and concludes an agreement for the provision of the service of maintaining a Customer Account.
  8. Entrepreneur - shall mean a natural person, legal person or organisational unit not being a legal person but to which the Act grants legal capacity, conducting in its own name business or professional activity and performing a legal action directly related to its business or professional activity.
  9. Entrepreneur with the rights of a Consumer - means a natural person concluding a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement shows that it is not of a professional nature for this Entrepreneur, 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.
  10. Rules and Regulations - means these Rules and Regulations.
  11. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Internet Shop.
  12. Seller - means "HURTEL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Zielona Góra (65-127), ul. Kostrzyńska 11, NIP: 9731008073, REGON: 081016920, entered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register under number KRS 0000409264, with a share capital of 50,000 PLN; e-mail: sklep@hurtel.pl, which is also the owner of the Online Shop.
  BDO number - 000019607.
  13. Shop Website - means the website under which the Seller operates the Online Shop, operating in the domain hurtel.com/en.
  14. Durability - the ability of the Goods to maintain its functions and properties in the course of normal use.
  15. Goods - shall mean the product presented by the Seller via the Website of the Store, which may be the subject of the Sales Agreement.
  16. Permanent carrier - shall mean material or tool enabling the Customer or the Seller to store information addressed personally to the Customer in a manner allowing for future access to the information for a period of time adequate to the purposes the information is used for and which allows for reproduction of the stored information in an unchanged form.
  17. Sales contract - means a distance sales contract concluded, on the principles set out in the Terms and Conditions, between the Customer and the Seller.

§ 2 General provisions and use of the Internet Shop
  First All rights to the Online Store, including copyright, intellectual property rights to its name, its Internet domain, Store's Website, as well as to the templates, forms, logos displayed on the Store's Website (with the exception of logos and images presented on the Store's Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
  2. The Seller shall make every effort to ensure that the use of the Website is possible for Internet users with the use of all popular Internet browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements for using the Store's Website are a web browser with at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or later, with Javascript enabled, accepting cookies and an Internet connection of at least 256 kbit/s. The Store's website is optimised for a minimum screen resolution of 1024x768 pixels.
  3. The Seller uses the mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Customer's final device when the Customers use the Store's Website. The use of cookies is aimed at the proper operation of the Shop's Website on Customers' terminal devices. This mechanism does not damage the Customer's terminal equipment and does not cause any configuration changes to the Customer's terminal equipment or the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their terminal device. The Seller points out that disabling cookies, however, may cause difficulties or make it impossible to use the Store's Website.
  4. In order to place an order in the Online Store via the Store's Website or via e-mail and in order to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
  5. In order to place an order in the Online Store by telephone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
  6. It is forbidden for the Customer to provide unlawful content and use the Online Store, Store's Website or free services provided by the Seller, in a manner contrary to the law, morality or violating the personal rights of third parties.
  7. Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Seller shall never ask the Customer to provide the Password in any form.
  8. It is not permissible to use the resources and functions of the Online Store for the purpose of carrying out activities by the Customer that would infringe the interests of the Seller, i.e. advertising activities of another business or product; activities involving the posting of content unrelated to the business of the Seller; activities involving the posting of false or misleading content.

§ 3 Registration
  1. In order to create a Customer Account, the Customer is obliged to register free of charge.
  2. Registration is not necessary to place an order in the Online Store.
  3. For the purpose of Registration, the Customer should complete the registration form made available by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During the Registration, the Customer sets an individual Password.
  4. The Customer also has the option of registering via his/her user account on social networks, i.e.: LinkedIn, Facebook, Google+. The creation of the Customer's Account is carried out through a dedicated redirection from the Online Shop to the social network website: LinkedIn, Facebook, Google+, where the user is asked to enter the username and password that he/she has for the user account on the respective social network. After authorisation on the social network website, the user is redirected back to the Online Shop, where a Customer Account is created with a link to the user's social network account. The user name to the social network and its password are not registered and stored by the Service Provider. The social network, after authorisation by the user, provides the Service Provider with the following personal data respectively: first name, last name, e-mail address.
  5. The Customer also has the option of registering via his/her Paypal.pl user account. The establishment of the Customer's Account takes place through a dedicated redirection from the Online Shop to the Paypal.pl website, where the Customer is asked to provide the username and password he/she has for his/her user account with Paypal.pl. After authorisation on the Paypal.pl website, the Customer is redirected back to the Online Shop, where a Customer Account is created, with a link to the user account at Paypal.pl. The username to Paypal.pl and its password are not registered and stored by the Seller.
  6. When completing the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
  7. During Registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box on the registration form. In this case, the Seller shall clearly inform about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of such data.
  8. The Client's consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the service of maintaining the Client's Account. Consent may be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller. The declaration may, for example, be sent to the Seller's address via e-mail.
  9. After submitting the completed registration form, the Customer shall immediately receive, via e-mail to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At this moment, the agreement on electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer gains the possibility to access the Customer's Account and make changes to the data provided during the Registration.

§ 4 Orders
  1. The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a contract of sale.
  2. The Customer may place orders at the Online Store via the Store's Website or e-mail 7 days a week, 24 hours a day.
  3. A customer may place orders in the Online Store by telephone during the hours and days indicated on the Store's Website.
  4. The Customer placing an order via the Store's Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the "ADD TO CART" option under the given Goods presented on the Store's Website. The Customer, having completed the entire order and having indicated in the "CART" the method of delivery and the form of payment, places the order by sending the order form to the Seller by selecting the "Order with obligation to pay" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Contract.
  5. After placing an order, the Customer may voluntarily consent to the processing of his/her personal data for the purpose of receiving a post-sale survey by ticking the appropriate box in the form displayed. In this case, the Seller shall clearly inform about the purpose of the collection of the Customer's personal data, as well as about the known or expected recipients of this data. The questionnaire is used to examine opinions on the transaction carried out. The Customer may voluntarily complete the survey.
  6. A Customer placing an order by telephone uses the telephone number provided by the Seller on the Store's Website. During the phone call, the Client indicates to the Seller the name of the Goods from among the Goods displayed on the Store's Website, the quantity of the Goods he or she would like to order, and specifies the manner and address of delivery and the form of payment, as well as indicates, at his or her choice, his or her e-mail address or correspondence address in order for the Seller to confirm the content of the proposed agreement and to confirm the order - if the Contract of Sale between the Client and the Seller is concluded. Each time during the phone call, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected delivery method, as well as all additional costs that the Customer would be obliged to pay if the Contract of Sale was concluded.
  7. The Seller confirms the content of the proposed Sales Contract to the Customer, recorded - at the Customer's choice - on paper or in the form of an electronic message - with the confirmation taking place before the conclusion of the Sales Contract.
  8. The Customer's declaration of concluding a Sales Agreement, made by the Customer after receiving the confirmation from the Seller referred to in §4.7 above, shall be recorded on paper or on another durable medium.
  9. After concluding a Sales Agreement by telephone, the Seller shall send, on a Durable medium, to the e-mail or postal address provided by the Customer, information containing confirmation of the terms and conditions of the Sales Agreement. The confirmation shall contain, in particular: specification of the Goods being the subject of the Contract of Sale, its price, cost of Delivery and information on any other costs that the Customer is obliged to pay in connection with the Contract of Sale.
  10. The Customer placing an order via e-mail, sends it to the e-mail address provided by the Seller on the Store's Website. In the message sent to the Seller, the Customer shall specify, in particular: the name of the Goods, colour and its quantity, from among the Goods presented on the Store's Website, as well as his/her contact details.
  11. After receiving from the Client via e-mail message referred to in §4.10, the Seller shall send a return message to the Client via e-mail, specifying his registration data, price of selected Goods and possible forms of payment and method of Delivery with its cost, as well as information about all additional payments to be made by the Client under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Contract by the Customer via e-mail entails the obligation to pay for the ordered Goods. On the basis of the information provided by the Seller, the Customer may place an order by sending an e-mail message to the Seller indicating the selected form of payment and method of Delivery.
12. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods subject to the order.
  13. After placing an order, the Seller sends to the e-mail address provided by the Customer a confirmation of its placement.
  14. After confirming the order, the Seller sends to the e-mail address provided by the Customer information about accepting the order for processing. The information about accepting the order for processing is the Seller's statement of acceptance of the offer referred to in §4.12 above and upon its receipt by the Customer the Sales Agreement is concluded.
  15. After concluding the Contract of Sale, the Seller shall confirm its terms and conditions to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer during Registration or order placement.
  16. When making payments for the purchased Goods, listed in Appendix No. 15 to the Act of 11 March 2004 on Value Added Tax (i.e. Journal of Laws 2018 item 2174 as amended), which payments are documented by an invoice in which the total amount due exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to apply the mechanism of divided payment, in accordance with the applicable regulations, as far as it is applicable to the Customer placing the order.
 The invoice issued by the Seller referred to above shall include the words: "split payment mechanism". The parties to such a transaction, are obliged to have a settlement account referred to in Article 49, paragraph 1, item 1 of the Act of 29 August 1997. - Banking Law, or a named account in a co-operative savings and credit union opened in connection with the conducted business activity, maintained in the Polish currency.

§ 5 Payment
  1. the prices on the Website of the Store placed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which the Customer will be obliged to incur in connection with the contract of sale, of which the Customer will be informed when choosing the method of delivery and placing the order.
  2. The Customer may choose the following forms of payment for the Goods ordered:
  a) bank transfer to the Seller's bank account (in this case, the processing of the order will commence after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);
  b) by credit card, bank transfer or BLIK through an external payment system PayU, operated by PayU S.A. with its registered office in Poznań (in this case, the processing of the order will be initiated after the Seller has sent the Customer a confirmation of the order acceptance and after receiving information from the PayU system that the payment has been successfully completed);
  c) cash on delivery, payment to the Supplier at the time of delivery (in this case the processing of the order will be commenced after the Seller has sent the Customer a confirmation of acceptance of the order);
  d) bank transfer via PayPal external payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case the processing of the order will be initiated after the Seller has sent the Customer an order confirmation and after the Seller has received information from PayPal that the Customer has made the payment) - applies to Deliveries outside the territory of the Republic of Poland. 3.
  3. The Customer should make payment for the order in the amount resulting from the concluded Contract of Sale within 7 working days, if he has chosen the form of prepayment.
  4. In the event that the Customer fails to make the payment within the deadline referred to in §5(3) of the Terms and Conditions, the Seller shall set an additional deadline for the Customer to make the payment and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of this time limit, the Seller shall withdraw from the Sales Agreement. If the second deadline for payment expires ineffectively, the Seller shall send the Customer a statement of withdrawal from the contract on a durable medium pursuant to Article 491 of the Civil Code.

§ 6 Delivery
  1. The Seller shall perform the Delivery in the territory of Europe.
  2. The Seller shall deliver the Goods subject to the Sales Agreement without defects.
  3. The Seller shall place on the Website of the Store information on the number of working days needed for Delivery and processing of the order.
  4. The time limit for Delivery and processing of an order indicated on the Store's Website shall be calculated in Working Days in accordance with §5 (2) of the Terms and Conditions.
  5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
  In the event of choosing InPost Sp. z o.o. with its registered office in Kraków as the Deliverer, the delivery address shall be the address of the parcel machine selected by the Customer when placing the order.
  In case of choosing the delivery option provided by the Supplier - Poczta Polska S.A.: Pickup at a Point, the address of the Delivery will be the address of the Pickup Point selected by the Customer at the time of placing the order.
  In case of choosing the delivery option provided by the Supplier - courier company (DPD Polska Sp. z o.o. with its registered office in Warsaw): DPD Pickup, the Delivery address will be the address of the Pickup Point selected by the Customer at the time of placing the order.
  6. On the day of shipment of the Goods to the Customer, information confirming the dispatch of the parcel by the Seller is sent to the Customer's e-mail address.
  7. The Customer is obliged to examine the delivered parcel in the time and manner usual for parcels of a given type. If the parcel is found to be damaged or defective, the Customer has the right to request an employee of the Supplier to write an appropriate protocol.
  8. The Seller, in accordance with the Customer's will, attaches to the parcel being the subject of the Delivery a VAT invoice covering the delivered Goods or sends, by electronic mail, to the electronic address provided by the Customer, an electronic invoice covering the delivered Goods. The electronic invoice shall be delivered by e-mail in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format. The Seller recommends Adobe Acrobat Reader for this purpose, which can be downloaded free of charge at http://www.adobe.com.
  In order to receive a VAT invoice containing company details, the Customer should declare at the time of purchase that he/she is purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller.
  9. In case of absence of the Customer at the address indicated by him/her when placing the order as the address of Delivery, an employee of the Supplier will leave an advice note or attempt to contact him/her by phone in order to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Shop by the Supplier, the Seller will contact the Customer by email or telephone, re-arranging with the Customer the date and cost of Delivery.

§ 7 Warranty for Entrepreneurs
  1. The Seller disclaims any liability under warranty for Entrepreneurs. 2.
  2. The Seller shall ensure delivery of Goods free of defects. The Seller shall be liable to the Entrepreneur if the Goods have a defect. 3.
  3. If the Goods have a defect, the Entrepreneur may:
  a) make a declaration to reduce the price or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Entrepreneur replaces the defective Goods with defect-free Goods or removes the defect.
  This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has failed to satisfy the obligation to replace the Goods with defect-free Goods or remove the defects. The Entrepreneur may, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with defect-free Goods or, instead of replacement of the Goods, demand rectification of defects, unless bringing the Goods into conformity with the agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the unreasonable costs, the value of the Goods free from defects, type and significance of the defect found shall be taken into account as well as inconvenience to which the Entrepreneur would be exposed by another way of satisfaction.
  The Entrepreneur may not withdraw from the Sales Contract if the defect is insignificant.
  b) request replacement of the defective Goods with Goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Entrepreneur.
  The Seller may refuse to satisfy the request of the Entrepreneur if bringing the defective Good to conformity with the Sales Contract in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible manner of bringing the Good to conformity with the Sales Contract. The cost of repair or replacement shall be borne by the Seller.
  4. The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the delivery of the Goods to the Trader. A claim for rectification of a defect or replacement of Goods with defect-free Goods shall become time-barred after one year, but this period cannot end before the expiry of the period referred to in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Contract or make a declaration of price reduction due to a defect in the Goods. If the Entrepreneur has requested to replace the Goods with defect-free ones or to remove the defect, the time limit for withdrawal from the Contract of Sale or making a declaration of price reduction begins upon ineffective expiry of the time limit for replacing the Goods or removing the defect
  5. Any complaints related to the Goods or the performance of the Contract of Sale, the Entrepreneur may send in writing to the address of the Seller.
  6. The Seller within 14 days from the date of the request containing the complaint will respond to the complaint of the Goods or the complaint related to the implementation of the Contract of Sale reported by the Entrepreneur.
  7. The Entrepreneur may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to sklep@hurtel.pl. The Entrepreneur should include a description of the problem in the complaint. The Seller shall promptly, but not later than within 14 days, consider complaints and give the Entrepreneur a reply.

§ 8 Warranty
  1. Goods sold by the Seller may be covered by a guarantee granted by the Seller, manufacturer of Goods or distributor.
  2. In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is each time presented at the website of the Store.

§ 9 Non-compliance of goods with the contract
Complaint of the Consumer and Entrepreneur with rights of the Consumer
  1. Goods are in conformity with the contract if, in particular, their:
  a) the description, type, quantity, quality, completeness and functionality and, in relation to goods with digital elements, also the compatibility, interoperability and availability of updates;
  b) its suitability for the specific purpose for which it is needed by the Consumer or an Entrepreneur with the rights of the Consumer, which the Consumer or an Entrepreneur with the rights of the Consumer has notified the Seller at the latest at the time of the conclusion of the contract and which the Seller has accepted.
  2. In addition, the Goods, in order to be deemed to be in conformity with the contract, must:
  a) be fit for the purposes for which Goods of that kind are normally used, taking into account applicable law, technical standards or good practice;
  b) appear in such quantity and have such characteristics, including durability and safety and, in relation to Goods with digital elements, also functionality and compatibility, as are typical of Goods of that kind and which the Consumer or an Entrepreneur with the rights of the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:
  a. he was not aware of the public assurance in question and, judging reasonably, could not have been aware of it;
  b. prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;
  c. the public assurance did not influence the decision of the Consumer or trader with powers of the Consumer to conclude the contract.
  c) be supplied with packaging, accessories and instructions which the Consumer or Trader with the rights of the Consumer may reasonably expect to be supplied;
  d) be of the same quality as the sample or design which the Seller has made available to the Consumer or Entrepreneur with the rights of the Consumer prior to the conclusion of the contract and correspond to the description of such sample or design.
  3. The Seller shall not be liable for the lack of conformity of the Goods with the contract to the extent referred to in §9.2, if the Consumer or Entrepreneur with rights of the Consumer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the Goods deviates from the requirements of conformity with the contract specified in §9.2, and expressly and separately accepted the lack of a specific feature of the Goods.
  4. The Seller shall be liable for non-conformity of the Goods with the contract resulting from improper installation of the Goods if:
  a) it has been carried out by or under the responsibility of the Seller;
  b) the incorrect installation carried out by the Consumer or the Entrepreneur with the rights of the Consumer was due to errors in the instructions provided by the Entrepreneur or a third party.
  5. The Seller shall be liable for the lack of conformity of the Goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. Any non-conformity of the Goods with the contract which is disclosed 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 of the Goods, unless the contrary is proved or the presumption cannot be reconciled with the specific nature of the Goods or the nature of the non-conformity of the Goods with the contract.
  6. The Seller shall not be entitled to rely on the lapse of the time limit for ascertaining non-conformity of the Goods with the contract specified in §9.5, if he has deceitfully concealed this non-conformity.
  7. If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with the rights of the Consumer may demand repair or replacement.
8. The Seller may make a replacement when the Consumer or an Entrepreneur with the rights of the Consumer demands a repair, or the Seller may make a repair when the Consumer or an Entrepreneur with the rights of the Consumer demands a replacement, if bringing the Goods into conformity with the contract in a manner chosen by the Consumer or Entrepreneur with the rights of the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the contract.
  9. When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the importance of non-compliance of the Goods with the contract, the value of the Goods in conformity with the contract and the excessive inconvenience for the Consumer or the Entrepreneur with the rights of the Consumer resulting from the change in bringing the Goods into conformity with the contract.
  10. The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or an Entrepreneur with the rights of the Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer or an Entrepreneur with the rights of the Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer or an Entrepreneur with the rights of the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials shall be borne by the Seller.
  11. The Consumer or Entrepreneur with rights of the Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or an Entrepreneur with the rights of the Consumer at his own expense.
  12. If the Goods have been assembled before the nonconformity of the Goods with the contract became apparent, the Seller disassembles the Goods and reassembles them after repair or replacement or has these activities performed at its expense.
  13. The Consumer or Entrepreneur with the rights of the Consumer shall not be obliged to pay for the ordinary use of the Goods which were subsequently replaced.
  14. If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with the rights of the Consumer may make a declaration to reduce the price or withdraw from the contract when:
  a) The Seller has refused to bring the Goods into conformity with the contract in accordance with §9 (8) above;
  b) the Seller has failed to bring the Goods into conformity with the contract in accordance with §9.10 to §9.12 above;
  c) the non-conformity of the Goods with the contract continues despite the fact that the Seller has tried to bring the Goods into conformity with the contract;
  d) the lack of conformity of the Goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without prior use of the means of protection specified in §9.7 to §9.12 above;
  e) it is evident from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer or the Entrepreneur with the rights of the Consumer.
  15. The Seller is obliged to respond to the Consumer's complaint within 14 days of receipt.
  16. The Seller shall return to the Consumer or Entrepreneur with the rights of the Consumer, the amounts due as a result of the exercise of the right to reduce the price immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of the Consumer on the reduction of the price.
  17. The Consumer or Entrepreneur with Consumer rights 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.
  18. If the lack of conformity concerns only some of the Goods supplied under the contract, the Consumer or the Entrepreneur with Consumer's rights may withdraw from the contract only in respect of those Goods and also in respect of other Goods acquired by the Consumer or the Entrepreneur with Consumer's rights together with the non-conforming Goods, if it cannot reasonably be expected that the Consumer or the Entrepreneur with Consumer's rights would agree to keep only the non-conforming Goods.
  19. In the event of withdrawal from the contract, the Consumer or Entrepreneur with Consumer rights shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer or Entrepreneur with Consumer's rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
  20. The Seller shall refund the price using the same method of payment used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
  21. The Seller shall not use the out-of-court dispute resolution referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.

§ 10 Withdrawal from Sales Agreement
  1. A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has entered into a Sales Contract may withdraw from it within 14 days without giving any reason.
  2. The period for withdrawal from the Sales Contract shall commence from the moment the Goods are taken into possession by the Consumer, the Entrepreneur with the rights of the Consumer or a third party other than the carrier indicated by them.
  3. A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from a Sales Contract by submitting a statement of withdrawal to the Seller. This declaration may be made, for example, in writing to the address of the Seller, i.e.: "HURTEL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Kostrzyńska 11 (65-127), Zielona Góra, or by e-mail to the Seller's address, i.e.: sklep@hurtel.pl. The declaration can be made on a form, a specimen of which has been posted by the Seller on the Shop's Website at: Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline.
  4. A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal via the form available on the website at: Electronic Withdrawal Form. Sending the statement before its expiry shall be sufficient to meet the deadline. The Seller shall promptly acknowledge to the Consumer and Entrepreneur with rights of the Consumer the receipt of the form submitted via the website.
  5. In the event of withdrawal from the Sales Contract, it shall be deemed not to have been concluded.
  6. If the Consumer or Entrepreneur with Consumer rights has made a declaration of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer shall cease to be binding.
  7. The Seller shall be obliged to return all payments made by the Consumer, including the cost of Delivery of the Goods to the Consumer, or an Entrepreneur with the rights of the Consumer, immediately, no later than within 14 days of receipt of the statement of the Consumer, or an Entrepreneur with the rights of the Consumer, on withdrawal from the Sales Contract. The Seller may withhold reimbursement of payments received from the Consumer, or an Entrepreneur with Consumer's rights, until it has received back the Goods, or the Consumer, or an Entrepreneur with Consumer's rights, has provided the Consumer, or an Entrepreneur with Consumer's rights, with proof of return of the Goods, whichever event occurs first.
  8. If the Consumer or Entrepreneur with Consumer's rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with Consumer's rights the additional costs incurred by the Consumer.
  9. The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Contract. To meet the deadline it is sufficient to send back the Goods to the Seller's address before the expiry of this period.
  10. In the case of withdrawal, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer shall bear only the direct costs of return.
  11. If, due to its nature, the Goods cannot be sent back by regular mail, the Seller shall inform the Consumer and Entrepreneur with the rights of the Consumer about the cost of returning the item on the Shop's Website.
  12. The Consumer and Entrepreneur with rights of the Consumer shall be liable for diminished value of the Goods resulting from their use beyond the manner necessary to ascertain the nature, characteristics and functioning of the Goods.
  13. The Seller shall reimburse the payment using the same method of payment used by the Consumer or Entrepreneur with Consumer rights unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of reimbursement that does not involve any costs for the Consumer.
  14. A Consumer or an Entrepreneur with the rights of a Consumer shall not have the right to withdraw from a Sales Contract in relation to contracts in which the Goods are an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.

§ 11 Free of charge services
  1. The Seller shall provide to Customers, by electronic means, free of charge services:
  a) Newsletter;
  b) Maintaining a Customer Account;
  c) Product enquiry;
  d) Posting reviews;
  e) Notification of availability.
  2. The services specified in §11.1 above are provided 7 days a week, 24 hours a day.
  3. The Seller reserves the right to choose and change the type, form, time and manner of granting access to selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
  4. The Newsletter service may be used by each Customer who enters their e-mail address or telephone number, using the registration form made available by the Seller on the Website of the Store. After submitting the completed registration form, the Customer will immediately receive a confirmation from the Seller via e-mail to the e-mail address/phone number provided in the registration form. At this moment, the contract for electronic provision of the Newsletter service is concluded.
 The Customer may additionally, during the Registration, tick an appropriate box in the registration form in order to subscribe to the Newsletter service.
  5. The Newsletter service consists of sending by the Seller - at the Client's choice - to the e-mail address in electronic form or to the phone number of a text message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Clients who subscribed to it via the communication channel chosen by the Client. 6.
  6. Each Newsletter addressed to the Customer's data shall contain in particular: information about the sender, filled in field "subject", defining the content of the mail and information about the possibility and manner of resigning from the free Newsletter service.
  7. The Customer may, at any time, unsubscribe from the Newsletter by means of an unsubscribe link included in any email or text message sent as part of the Newsletter service or by activating the relevant field in the Customer Account.
  8. The Ask Product service is based on sending a message to the Seller using a form on the Store's Website.
  9. Resignation from the free of charge Ask a Product service is possible at any time and consists in stopping sending questions to the Seller.
  10. A Customer Account service is available after registration according to the rules described in the Terms and Conditions and consists of a dedicated panel on the Store's Website allowing the Customer to modify the data provided during Registration, as well as to track the status of orders and history of orders already completed.
11. A Customer who has registered may submit a request to the Seller to remove the Customer's Account, however, in the case of a request to remove the Customer's Account by the Seller, it may be removed up to 14 days after the request.
  12. The Opinion Posting Service consists of enabling the Seller, the Customers to publish on the Store's Website individual and subjective statements of the Customer concerning, in particular, the Goods.
  13. Resignation from the posting of opinions service is possible at any time and consists in the discontinuation of posting content by the Customer on the Store's Website.
  14. The free Notification of availability service consists of enabling the Seller to send a request via a form on the Store's Website for the Seller to send a one-time notification to the e-mail address indicated by the Customer when the product indicated by the Customer is available in the Store.
  15. Resignation from the free-of-charge Notification of Availability service is possible at any time and consists of not using the service located on the Store's Website.
  16. The Seller is entitled to block access to the Customer's Account and free services if the Customer acts to the detriment of the Seller, ie. The Seller shall have the right to block access to a Customer's Account and free services if the Customer acts to the detriment of the Seller, i.e. if he/she is advertising another business or product; if he/she is posting content that is not related to the Seller's business; if he/she is posting false or misleading content; if the Customer acts to the detriment of other Customers, if he/she is violating the law or the provisions of the Terms and Conditions; and if blocking access to a Customer's Account and free services is justified by security reasons, in particular by a breach of the security of the Store's Website by the Customer or other hacking activities. Blocking access to the Customer's Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer's Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer's Account and free services by e-mail to the address provided by the Customer in the registration form.

§ 12 Responsibility of the customer for the content posted by the customer
  1. By posting content and making it available, the Customer is voluntarily distributing the content. The posted content does not express the views of the Seller and should not be equated with the Seller's activities. The Vendor is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
  2. The Customer represents that:
  a) it is entitled to use the copyrights, industrial property rights and/or related rights to - respectively - the works, the objects of industrial property rights (e.g. trademarks) and/or the objects of related rights that comprise the content;
  b) the uploading and making available of personal data, images and information concerning third parties as part of the services referred to in §11 of the Terms and Conditions was done legally, voluntarily and with the consent of the persons concerned;
  c) he/she consents that the published content may be viewed by other Customers and the Seller and authorises the Seller to use it free of charge in accordance with these Terms and Conditions;
  d) agrees to develop the works within the meaning of the Act on Copyright and Related Rights. 3.
  3. The Customer shall not be entitled to:
  a) post, as part of the use of the services referred to in §11 of the Regulations, personal data of third parties and disseminate images of third parties without the legally required permission or consent of the third party;
  b) place, as part of using the services referred to in §11 of the Terms and Conditions, content of an advertising and/or promotional nature. 4.
  4. The Seller shall be liable for the content posted by the Customers provided that the Seller has received notification in accordance with §13 of the Terms and Conditions.
  5. It is prohibited for the Customers, within the scope of using the services referred to in §11 of the Regulations, to post content which could, in particular:
  a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
  b) violate any rights of third parties, including those related to copyright protection and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations;
  c) be offensive or threatening to other persons, or contain vocabulary that violates good morals (e.g. through the use of vulgarisms or expressions commonly regarded as offensive);
  d) be contrary to the interests of the Seller, i.e. content that constitutes advertising material of another entrepreneur or product; content that is not related to the business of the Seller; false or misleading content;
  e) otherwise violate the provisions of the Terms and Conditions, good manners, applicable laws, social norms or customs.
  6. In the event of receipt of a notification pursuant to §13 of the Terms and Conditions, the Seller reserves the right to modify or delete content posted by the Customers as part of their use of the services referred to in §11 of the Terms and Conditions, in particular as regards content which, based on reports from third parties or relevant authorities, has been found to violate these Terms and Conditions or applicable laws. The Seller does not carry out an ongoing control of the posted content.
  7. The Customer agrees that the Seller may use the content placed by the Customer on the Store's Website free of charge.

§ 13 Reporting a threat or violation of rights
  1. In the event that a Customer or any other person or entity believes that the content published on the Store's Website violates their rights, personal rights, decency, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or under the obligation, may notify the Seller of a potential violation.
  2. A Seller notified of a potential violation shall take immediate action to remove from the Store's Website, the content causing the violation.
§ 14 Protection of Personal Data
  1. The principles of personal data protection are set out in the Privacy Policy.
§ 15 Termination of the contract (does not apply to Sales contracts) 1.
  1. Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without stating reasons, subject to maintaining the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
  2. A Customer who has made a Registration shall terminate the agreement for provision of services by electronic means by sending to the Seller an appropriate declaration of intent, using any means of remote communication allowing the Seller to become acquainted with the Customer's declaration of intent.
  3. The Seller shall terminate the agreement for electronic provision of services by sending to the Customer an appropriate statement of intent to the e-mail address provided by the Customer during Registration.

§ 16 Final provisions
  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of losses actually incurred by the Client who is an Entrepreneur.
  2. The content of these Terms and Conditions may be recorded by printing, saving to a carrier or downloading at any time from the Website of the Store.
  3. In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising under these Terms and Conditions is Polish law.
  4. The Seller informs the Customer who is a Consumer of the possibility to use out-of-court complaint and claim procedures. The rules of access to these procedures are available at the offices or websites of entities entitled to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
  5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are executed on the basis of the Terms and Conditions that were in force on the date of placing the order by the Customer. The amendment to the Terms and Conditions shall come into effect within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the change of the Terms and Conditions by means of a message sent via e-mail containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, he/she is obliged to inform the Seller about this fact, which results in termination of the contract in accordance with the provisions of §15 of the Terms and Conditions. 6.
  6. Contracts with the Seller are concluded in Polish.
  7. The Terms and Conditions shall come into force on 01.01.2023.

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