ONLINE STORE REGULATIONS

These Regulations define the general conditions, rules, and manner of sales conducted by "HURTEL" LIMITED LIABILITY COMPANY with its registered office in Zielona Góra, via the online store hurtel.com/pl (hereinafter referred to as the "Online Store") and specifies the principles and conditions of providing free-of-charge electronic services by "HURTEL" LIMITED LIABILITY COMPANY with its registered office in Zielona Góra.

§ 1 Definitions

Business Days - means weekdays from Monday to Friday excluding public holidays.

Delivery - means the actual activity of delivering the Goods specified in the order to the Customer by the Seller, via the Delivery Provider.

Delivery Provider - means the entity with which the Seller cooperates in terms of Delivery of Goods:

a) courier company;

b) InPost Sp. z o.o. with its registered office in Krakow, providing Delivery services and postal locker system service (Paczkomat);

c) Polish Post S.A. with its registered office in Warsaw.

Password - means a sequence of alphabetical, numerical, or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer's Account in the Online Store.

Customer - means the entity on behalf of which services may be provided electronically in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.

Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity.

Customer Account - means an individual panel for each Customer, activated on their behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of the Customer Account management service.

Entrepreneur - means a natural person, a legal person, or an organizational unit not being a legal person, to whom the law grants legal capacity, conducting business or professional activity in their own name and performing a legal action directly related to their business or professional activity.

Entrepreneur with Consumer Rights - means a natural person concluding a Sales Agreement directly related to their business activity, when it is clear from the content of the Sales Agreement that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

Regulations - means these regulations.

Registration - means the actual action taken in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.

Seller - means "HURTEL" LIMITED LIABILITY COMPANY with its registered office in Zielona Góra (65-127), ul. Międzyrzecka 12, NIP: 9731008073, REGON: 081016920, entered into the register of entrepreneurs kept by the District Court in Zielona Góra, VIII Economic Department of the National Court Register under the number KRS 0000409264, with the share capital of 50,000 PLN; e-mail: sklep@hurtel.pl, also the owner of the Online Store.

BDO number - 000019607.

Online Store Website - means the websites under which the Seller runs the Online Store, operating in the domain hurtel.com/pl.

Durability - the ability of the Goods to maintain its functions and properties during normal use.

Goods - means the product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.

Durable medium - means material or tool enabling the Customer or the Seller to store information addressed personally to them, in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the stored information.

Sales Agreement - means a sales agreement concluded remotely, on the terms defined in the Regulations, between the Customer and the Seller.

§ 2 General provisions and the use of the Online Store

All rights to the Online Store, including copyrights, intellectual property rights to its name, its internet domain, the Online Store Website, as well as to patterns, forms, logos posted on the Online Store Website (except for logos and photos presented on the Online Store Website for presentation purposes of goods, which copyrights belong to third parties) belong to the Seller, and their use can only occur in a manner specified and in accordance with the Regulations and with the Seller's written consent.

The Seller endeavors to make the use of the Online Store possible for Internet users with the use of all popular web browsers, operating systems, types of devices, and types of Internet connections. The minimum technical requirements enabling the use of the Online Store Website include a web browser version at least Internet Explorer 11 or Chrome 89 or FireFox 86 or Opera 53 or Safari 5 or newer, with JavaScript support enabled, accepting "cookies" files, and an Internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels.

The Seller uses a "cookies" mechanism, which, when using 

the Online Store Website by the Clients, is saved by the Seller's server on the hard disk of the Client's end device. The use of "cookies" is aimed at the correct operation of the Online Store Website on the Clients' end devices. This mechanism does not destroy the Client's end device and does not cause any configuration changes in the Clients' end devices or in the software installed on these devices. Each Client can disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store Website.

To place an order in the Online Store via the Online Store Website or by email and to use the services available on the Online Store Websites, the Client must have an active email account.

To place an order in the Online Store by phone, it is necessary for the Client to have an active phone number and an active email account.

It is prohibited for the Client to provide unlawful content and to use the Online Store, the Online Store Website, or free services provided by the Seller, in a manner contrary to the law, good manners, or infringing personal rights of third parties.

The 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 Clients' data by unauthorized persons, therefore Clients should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and programs protecting the identity of Internet users. The Seller never asks the Client to provide them with the Password in any form.

It is not permissible to use resources and functions of the Online Store in order to conduct activities by the Client that would violate the Seller's interest, i.e., advertising another entrepreneur or product; activity that involves posting content not related to the Seller's activities; activity involving posting false or misleading content.

§ 3 Registration

To create a Customer Account, the Client is required to perform a free Registration.

Registration is not necessary to place an order in the Online Store.

For Registration, the Client should fill out a registration form provided by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. During the Registration, the Client sets an individual Password.

The Client also has the opportunity to register through their user account on social networking sites such as LinkedIn, Facebook, Google+. Creating a Customer Account takes place through a dedicated redirection from the Online Store to the social networking website: LinkedIn, Facebook, Google+, where the user is asked to provide a username and password that they have for their user account on the given social networking site. After authorization on the social networking site, the user is redirected back to the Online Store, where the Customer Account is created with a link to the user's account on the social networking site. The username for the social networking site and its password are not registered and stored by the Service Provider. Social networking sites, after authorizing the user, provide the Service Provider with the following personal data: first name, last name, email address.

The Client also has the opportunity to register through their user account on Paypal.pl. Creating a Customer Account takes place through a dedicated redirection from the Online Store to the Paypal.pl website, where the Client is asked to provide a username and password that they have for their user account on Paypal.pl. After authorization on the Paypal.pl website, the Client is redirected back to the Online Store, where the Customer Account is created with a link to the user's account on Paypal.pl. The username for the Paypal.pl service and its password are not registered and stored by the Seller.

During the registration form filling process, the Client has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.

During Registration, the Client can voluntarily agree to the processing of their personal data for marketing purposes by marking the appropriate field in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Client's personal data, as well as about known or anticipated recipients of these data.

The expression of consent to the processing of personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of electronic service Account management. Consent may be withdrawn at any time by submitting a relevant statement by the Client to the Seller. The statement can be sent to the Seller's address via email, for example.

After sending the completed registration form, the Client immediately receives, by email to the email address provided in the registration form, a Registration confirmation from the Seller. At this moment, an agreement for the provision of the Customer Account management service electronically is concluded, and the Client gains the ability to access the Customer Account and make changes to the data provided during Registration.

§ 4 Orders

Information contained on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation for the Clients to submit offers for the conclusion of a Sales Agreement.

The Client may place orders in the Online 

Store via the Online Store Website or by email 7 days a week, 24 hours a day.

The Client may place orders in the Online Store by phone during the hours and on the days indicated on the Online Store Website.

When placing an order through the Online Store Website, the Client completes the order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the "ADD TO CART" command under the given Goods presented on the Online Store Website. After compiling the entire order and indicating in the "CART" the method of Delivery and form of payment, the Client submits the order by sending the order form to the Seller, selecting the "Order with obligation to pay" button on the Online Store Website. Each time before sending the order to the Seller, the Client is informed about the total price for selected Goods and Delivery, as well as about all additional costs they are obliged to incur in connection with the Sales Agreement.

After placing the order, the Client can voluntarily express consent to the processing of their personal data in order to receive a post-sale survey by marking the appropriate box in the displayed form. In this case, the Seller clearly informs about the purpose of collecting the Client's personal data, as well as about known or anticipated recipients of these data. The survey serves to investigate the opinion about the conducted transaction. The Client can voluntarily fill out the survey.

The Client placing an order via telephone uses the telephone number provided by the Seller on the Online Store Website. During the telephone conversation, the Client indicates to the Seller the name of the Goods from the Goods available on the Online Store Website, the quantity of Goods they wish to order, and specifies the method and address of Delivery and the form of payment, also indicating, at their choice, their email address or postal address in order to confirm by the Seller the content of the proposed agreement and order confirmation - in case the Sales Agreement between the Client and the Seller is concluded. Each time during the telephone conversation, the Seller informs the Client about the total price of the selected Goods and the total cost of the chosen method of Delivery, as well as about all additional costs the Client is obliged to incur if the Sales Agreement is concluded.

The Seller confirms to the Client the content of the proposed Sales Agreement, recorded - according to the Client's choice - on paper, or in the form of an email - with the confirmation taking place before the conclusion of the Sales Agreement.

The Client's declaration of intent to conclude a Sales Agreement, submitted after receiving the confirmation mentioned above in §4 item 7, is recorded on paper or another Durable Medium.

After concluding the Sales Agreement via telephone, the Seller sends the confirmation of the terms of the Sales Agreement on a Durable Medium to the email address provided by the Client or in writing to the address indicated by the Client during Registration or placing the order.

The Client placing an order via email sends it to the email address provided by the Seller on the Online Store Website. The Client in the message sent to the Seller specifies in particular: the name of the Goods, color, and its quantity, from among the Goods presented on the Online Store Website, and their contact details.

After receiving from the Client an email message referred to in §4 item 10, the Seller sends a return message to the Client via email, providing their registration details, the price of the selected Goods, and possible forms of payment and the method of Delivery along with its cost, as well as information on all additional payments the Client would have to incur under the Sales Agreement. The message also contains information for the Client that concluding the Sales Agreement via email entails an obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Client may place an order by sending an email message to the Seller indicating the selected form of payment and the method of Delivery.

Placing an order constitutes the Client's offer to the Seller to conclude a Sales Agreement for the Goods being the subject of the order.

After placing the order, the Seller sends to the email address provided by the Client a confirmation of its placement.

Then, after confirming the placement of the order, the Seller sends to the email address provided by the Client information about accepting the order for processing. The information about accepting the order for processing is the Seller's declaration of acceptance of the offer referred to in §4 item 12 above, and upon its receipt by the Client, a Sales Agreement is concluded.

After the conclusion of the Sales Agreement, the Seller confirms to the Client its terms, sending them on a Durable Medium to the Client's email address or in writing to the address indicated by the Client during Registration or placing the order.

When making payments for Goods listed in Annex No. 15 to the Act of March 11, 2004, on Value Added Tax (Journal of Laws of 2018, item 2174, as amended), which payments are documented by an invoice in which the total amount of receivables exceeds 15,000 PLN gross or its equivalent - taxpayers are obliged to apply the 

split payment mechanism, in accordance with the applicable regulations, if it applies to the Client placing the order.

The invoice issued by the Seller, as mentioned above, should contain the words: "split payment mechanism". Parties to such a transaction are required to have a bank account, referred to in Art. 49 paragraph 1 point 1 of the Banking Law Act of August 29, 1997, or a personal account in a cooperative savings and credit union opened in connection with conducted business activity, maintained in Polish currency.

§ 5 Payments

The prices on the Online Store Website listed next to a given Good are gross prices and do not include information about the cost of Delivery and any other costs which the Client will be obliged to incur in connection with the Sales Agreement, of which the Client will be informed when choosing the method of Delivery and placing the order.

The Client can choose the following forms of payment for the ordered Goods:

a) bank transfer to the Seller's bank account (in this case, the order processing will begin after the Seller sends the Client a confirmation of the order acceptance and after the funds have been credited to the Seller's bank account);

b) payment card, bank transfer or BLIK via the external payment system PayU, operated by PayU S.A. with its registered office in Poznań (in this case, the order processing will begin after the Seller sends the Client a confirmation of the order acceptance and after receiving information about the successful payment completion from the PayU system);

c) cash on delivery, payment to the Delivery Provider upon Delivery (in this case, order processing will begin after the Seller sends the Client a confirmation of the order acceptance);

d) bank transfer via the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, order processing will begin after the Seller sends the Client a confirmation of order placement and after receiving information from the PayPal system about the payment made by the Client) - applies to Delivery outside the territory of the Republic of Poland.

The Client should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days if they have chosen the prepayment form.

In the event of the Client's failure to make the payment within the term referred to in §5 item 3 of the Regulations, the Seller sets an additional deadline for the Client to make the payment and informs the Client about it on a Durable Medium. The information about the additional deadline for making the payment also includes information that after the ineffective expiry of this period, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second deadline for making the payment, the Seller will send the Client, on a Durable Medium, a statement of withdrawal from the agreement based on Art. 491 of the Civil Code.

§ 6 Delivery

The Seller carries out Delivery within the territory of Europe.

The Seller is obligated to deliver the Goods free from defects.

The Seller posts information on the number of Business Days required for Delivery and order processing on the Online Store Website.

The Delivery and order processing time indicated on the Online Store Website is counted in Business Days in accordance with §5 item 2 of the Regulations.

Ordered Goods are delivered to the Client via the Delivery Provider to the address indicated in the order form.

In case of choosing InPost Sp. z o.o. with its registered office in Krakow as the Delivery Provider, the Delivery address will be the address of the parcel locker chosen by the Client at the time of placing the order.

In case of choosing the Delivery option provided by the Delivery Provider - Polish Post S.A.: Collection at the point, the Delivery address will be the address of the Collection Point, chosen by the Client at the time of placing the order.

In case of choosing the Delivery option provided by the Delivery Provider - 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 Collection Point, chosen by the Client at the time of placing the order.

On the day of sending the Goods to the Client, information confirming the dispatch of the shipment by the Seller is sent to the Client's email address.

The Client is obligated to examine the delivered parcel in time and in the manner adopted for parcels of the given type. In case of finding a shortage or damage to the parcel, the Client has the right to demand the Delivery Provider's employee to draw up a proper protocol.

The Seller, according to the Client's will, attaches to the shipment being the subject of the Delivery an invoice covering the delivered Goods or sends it via email to the email address provided by the Client, in the form of an electronic file in PDF format. To open the file, the Client should have free software compatible with the PDF format. For this purpose, the Seller recommends Adobe Acrobat Reader, which can be downloaded for free at http://www.adobe.com

The Client, to receive a 

VAT invoice including company data, should declare at the time of purchase that they are purchasing the Good as an Entrepreneur (taxpayer). The declaration of the above is made by marking the appropriate box in the order form before sending the order to the Seller.

In the event of the Client's absence at the address indicated by them, provided at the time of placing the order as the Delivery address, the Delivery Provider's employee will leave a notice or attempt to contact by phone to establish a date when the Client will be present. In the case of the ordered Goods being returned to the Online Store by the Delivery Provider, the Seller will contact the Client by electronic mail or by phone, agreeing again with the Client on the Delivery time and cost.

§ 7 Warranty for Entrepreneurs

The Seller excludes liability under warranty towards Entrepreneurs.

The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Good has a defect.

If the Good has a defect, the Entrepreneur may:

a) Submit a statement on the reduction of the price or withdrawal from the Sales Agreement unless the Seller immediately and without excessive inconvenience for the Entrepreneur replaces the defective Good with a defect-free one or removes the defect. This limitation does not apply if the Good was already replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Good with a defect-free one or to remove the defect. The Entrepreneur, instead of the removal of the defect proposed by the Seller, may demand the replacement of the Good with a defect-free one or instead of replacing the Good, demand the removal of the defect, unless bringing the thing into conformity with the contract in the way chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of the costs, the value of the defect-free Good, the type, and significance of the detected defect are taken into account, as well as the inconvenience to which another method of satisfaction would expose the Entrepreneur.

The Entrepreneur cannot withdraw from the Sales Agreement if the defect is insignificant.

b) Demand the replacement of the defective Good with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Good with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur.

The Seller may refuse to satisfy the Entrepreneur's request if bringing the defective Good into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the second possible way to bring it into conformity with the Sales Agreement. The costs of repair or replacement are borne by the Seller.

The Seller is liable under the warranty if a physical defect is found before two years have elapsed since the Good was released to the Entrepreneur. The claim to remove the defect or replace the Good with a defect-free one becomes statute-barred after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement on the reduction of the price due to the defect of the Good. If the Entrepreneur demanded the replacement of the Good with a defect-free one or the removal of the defect, the period for withdrawing from the Sales Agreement or submitting a statement on the reduction of the price begins with the ineffective expiry of the deadline for replacing the Good or removing the defect.

All complaints related to the Good or the performance of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address.

The Seller will respond to the Good complaint or complaint related to the performance of the Sales Agreement submitted by the Entrepreneur within 14 days from the day of the request containing the complaint.

The Entrepreneur may submit a complaint to the Seller in connection with the use of free electronic services provided by the Seller. The complaint may be submitted in electronic form and sent to the address sklep@hurtel.pl. In the complaint, the Entrepreneur should include a description of the problem. The Seller immediately, but no later than within 14 days, reviews the complaint and provides the Entrepreneur with a response.

§ 8 Warranty

Goods sold by the Seller may be covered by a warranty provided by the Seller, the manufacturer of the Good, or its distributor.

In the case of Goods covered by a warranty, information concerning the existence and content of the warranty is each time presented on the Online Store Website.

§ 9 Non-conformity of Goods with the Contract

Complaint by the Consumer and the Entrepreneur with Consumer Rights

A Good is in conformity with the contract if it meets the contract requirements, especially if its:

a) description, type, quantity, quality, completeness, and functionality, and in relation to Goods with digital elements - also compatibility, interoperability, and availability of updates, remain consistent with the contract;

b) suitability for the particular purpose for which it is needed by the Consumer or the Entrepreneur with Consumer Rights, which the Consumer or the Entrepreneur with Consumer Rights informed the Seller about at the latest at the time of contract conclusion, and which the Seller 

accepted.

Additionally, for the Good to be considered as conforming with the contract, it must:

a) be fit for the purposes for which Goods of this type are normally used, taking into account applicable law, technical standards, or good practices;

b) exhibit the quantity and possess the features, including durability and safety, and in the case of Goods with digital elements - functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer Rights may reasonably expect, given the nature of the Good and any public statements made by the Seller, their legal predecessors, or persons acting on their behalf, especially in advertising or on labeling, unless the Seller proves that:
a. they were unaware of the given public statement and, judging reasonably, could not have been aware;
b. the public statement had been corrected in a manner and form equivalent to the initial one or in a similar manner before the contract was concluded;
c. the public statement could not have influenced the Consumer's or Entrepreneur with Consumer Rights' decision to enter into the contract.

c) be delivered with packaging, accessories, and instructions that the Consumer or Entrepreneur with Consumer Rights could reasonably expect;

d) correspond in quality to the sample or model that the Seller provided to the Consumer or Entrepreneur with Consumer Rights before the contract was concluded, and match the description of such a sample or model.

The Seller is not liable for the Good's lack of conformity with the contract to the extent mentioned in §9 item 2 if the Consumer or Entrepreneur with Consumer Rights was clearly informed, no later than at the time of contract conclusion, that a specific feature of the Good deviates from the contract conformity requirements specified in §9 item 2 and expressly and separately accepted the lack of this specific Good feature.

The Seller is liable for the Good's lack of conformity with the contract resulting from improper installation if:

a) the installation was carried out by the Seller or under their responsibility;
b) the improper installation performed by the Consumer or Entrepreneur with Consumer Rights resulted from errors in the instructions provided by the entrepreneur or a third party.

The Seller is liable for the Good's lack of conformity with the contract existing at the time of its delivery and revealed within two years from that moment, unless the shelf life of the Good specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Good with the contract, which appeared before the expiry of two years from the moment of delivery, existed at the time of delivery, unless proven otherwise or unless such presumption is incompatible with the nature of the Good or the nature of the lack of conformity.

The Seller cannot invoke the expiration of the period for detecting the Good's lack of conformity with the contract specified in §9 item 5, if they deceitfully concealed such a defect.

If the Good is not in conformity with the contract, the Consumer or Entrepreneur with Consumer Rights may demand its repair or replacement.

The Seller may proceed with the replacement when the Consumer or Entrepreneur with Consumer Rights demands repair, or the Seller may proceed with the repair when the Consumer or Entrepreneur with Consumer Rights demands replacement, if bringing the Good into conformity with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Good into conformity with the contract.

In assessing the excessiveness of costs for the Seller, all circumstances of the case are considered, especially the significance of the lack of conformity with the contract, the value of the Good in conformity with the contract, and the inconvenience to which another method of satisfaction would expose the Consumer or Entrepreneur with Consumer Rights.

The Seller carries out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer Rights about the Good's lack of conformity with the contract, and without excessive inconvenience to the Consumer or Entrepreneur with Consumer Rights, considering the Good's nature and the purpose for which the Consumer or Entrepreneur with Consumer Rights acquired it. The costs of repair or replacement, including the costs of postage, transport, labor, and materials, are borne by the Seller.

The Consumer or Entrepreneur with Consumer Rights makes the Good that is subject to repair or replacement available to the Seller at their cost.

If the Good was installed before the lack of conformity was revealed, the Seller dismantles the Good and installs it again after the repair or replacement, or commissions these activities at their cost.

The Consumer or Entrepreneur with Consumer Rights is not obliged to pay for the normal use of the Good that was then replaced.

If the Good is not in conformity with the contract, the Consumer or Entrepreneur with Consumer Rights may submit a declaration of price reduction or withdrawal from the contract when:

a) The Seller refused to bring the Good into conformity with the contract in accordance with §9 item 8 above;
b) The Seller did not bring the Good into conformity with the contract in accordance with §9 items 10 to 

12 above; c) The lack of conformity remains despite the Seller's attempt to bring the Good into conformity with the contract; d) The lack of conformity is significant enough to justify a price reduction or withdrawal from the contract without first using the remedies specified from §9 items 7 to 12 above; e) It is evident from the Seller's statement or circumstances that they will not bring the Good into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with Consumer Rights.

The Seller is obligated to provide a response to the Consumer's complaint within 14 days from the date of its receipt.

The Seller returns the amounts due as a result of the Consumer or Entrepreneur with Consumer Rights exercising the right to a price reduction immediately, no later than within 14 days from the day of receiving the Consumer or Entrepreneur with Consumer Rights' statement on the price reduction.

The Consumer or Entrepreneur with Consumer Rights cannot withdraw from the contract if the lack of conformity of the Good with the contract is insignificant. It is assumed that the lack of conformity of the Good with the contract is significant.

If the lack of conformity with the contract pertains only to some of the Goods delivered under the contract, the Consumer or Entrepreneur with Consumer Rights may withdraw from the contract only in relation to those Goods, and also in relation to other Goods purchased by the Consumer or Entrepreneur with Consumer Rights together with the non-conforming Goods, if it cannot be reasonably expected for the Consumer or Entrepreneur with Consumer Rights to agree to keep only the conforming Goods.

In case of withdrawal from the contract, the Consumer or Entrepreneur with Consumer Rights immediately returns the Good to the Seller at their expense. The Seller returns the price to the Consumer or Entrepreneur with Consumer Rights promptly, no later than within 14 days from the date of receiving the Good or proof of its return, depending on which occurs first.

The Seller makes the refund 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, which does not involve any costs for them.

The Seller does not participate in 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 the Sales Agreement

The Client being a Consumer as well as an Entrepreneur with Consumer Rights, who concluded a Sales Agreement, may withdraw from it within 14 days without giving any reason.

The period for withdrawal from the Sales Agreement begins from the moment the Good is taken into possession by the Consumer, the Entrepreneur with Consumer Rights, or a third party indicated by them other than the carrier.

The Consumer and the Entrepreneur with Consumer Rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration can be submitted, for example, in writing to the Seller's address: "HURTEL" LIMITED LIABILITY COMPANY, ul. Międzyrzecka 12 (65-127), Zielona Góra, or via email to the Seller's email address: sklep@hurtel.pl. The declaration can be submitted on the form, the template of which is provided by the Seller on the Online Store Website. To meet the deadline, it is enough to send the declaration before its expiry.

The Consumer and the 

12 above;
c) the lack of conformity persists despite the Seller's attempt to bring the Good into conformity with the contract;
d) the lack of conformity is so significant that it justifies a price reduction or withdrawal from the contract without the need to use the remedies specified from §9 items 7 to 12 above;
e) it is evident from the Seller's statement or circumstances that they will not bring the Good into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with Consumer Rights.

The Seller is obligated to promptly, no later than within 14 days from the date of receiving the Consumer's or Entrepreneur with Consumer Rights' statement on withdrawal from the contract, return all payments made by them, including the cost of Delivery of the Good to the Consumer or Entrepreneur with Consumer Rights. The Seller may withhold the return of payments received from the Consumer or Entrepreneur with Consumer Rights until the Good is returned or until proof of its return is provided, depending on which event occurs first.

If the Consumer or Entrepreneur with Consumer Rights, exercising the right to withdraw from the contract, chose a method of Delivery of the Good other than the cheapest usual Delivery method offered by the Seller, the Seller is not obliged to refund the Consumer or Entrepreneur with Consumer Rights the incurred additional costs.

The Consumer or Entrepreneur with Consumer Rights is obliged to return the Good to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send the Good to the Seller's address before its expiry.

In the event of withdrawal, the Consumer or Entrepreneur with Consumer Rights bears only the direct cost of returning the Good.

If the Good, due to its nature, cannot be returned by regular mail, the Seller informs the Consumer or Entrepreneur with Consumer Rights about the cost of returning the Good on the Online Store Website.

The Consumer or Entrepreneur with Consumer Rights is responsible for the reduction in the value of the Good resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Good.

The Seller makes the refund using the same payment method 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, which does not incur any costs for them.

The right to withdraw from the Sales Agreement is not available to the Consumer or Entrepreneur with Consumer Rights in relation to contracts where the Good is delivered in a sealed package, which after opening cannot be returned due to health protection or hygiene reasons if the packaging was opened after Delivery.

§ 11 Free Services

The Seller provides the following free-of-charge electronic services to the Clients:

a) Newsletter;
b) Customer Account management;
c) Ask about product;
d) Posting reviews;
e) Notify about availability.

The services listed in §11 item 1 are provided 7 days a week, 24 hours a day.

The Seller reserves the right to choose and change the type, forms, time, and the method of granting access to some of these services, about which Clients will be informed in a manner appropriate for amendments to the Regulations.

Anyone can use the Newsletter service by entering their email address or phone number, using a registration form provided by the Seller on the Online Store Website. After submitting the completed registration form, the Client immediately receives, by email to the email address provided or via SMS to the phone number provided in the registration form, a confirmation from the Seller. At this moment, an agreement for the provision of the Newsletter service electronically is concluded.

The Client may additionally, during Registration, mark the appropriate field in the registration form to subscribe to the Newsletter.

The Newsletter service consists of the Seller sending electronic messages containing information about new products or services in the Seller's offer, to all Clients who have subscribed, via the chosen communication channel.

Every Newsletter addressed to given Clients contains, in particular, information about the sender, filled "subject" field specifying the content of the shipment, and information on the possibility and manner of unsubscribing from the free Newsletter service.

The Client may at any time opt-out of receiving the Newsletter by unsubscribing via a link provided in every electronic message sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.

The Ask about product service enables the Seller to send a message using a form available on the Online Store Website.

Resignation from the free Ask about product service is possible at any time and consists of ceasing to send inquiries to the Seller.

The Customer Account management service is available after Registration, under the terms described in the Regulations, and allows the Client to use a dedicated panel within the Online Store Website, enabling the Client to modify the data provided during Registration, as well as to track the status of order execution and the history of completed orders.

A Client who has completed Registration may request the Seller to delete the Customer Account, but in the case of a request to delete the Customer Account by the Seller, it may be deleted within 14 days from the request.

 

The Posting reviews service allows the Seller to enable Clients to publish individual and subjective statements of the Client related to, in particular, Goods, on the Online Store Website.

Resignation from the free Posting reviews service is possible at any time and consists of ceasing to post content by the Client on the Online Store Website.

The Notify about availability service is a free service that allows the Seller to enable the Client to send a request via a form located on the Online Store Website, asking for a one-time notification by email provided by the Client when the product specified by the Client becomes available in the Store.

Resignation from the free Notify about availability service is possible at any time and involves not using the service provided on the Online Store Website.

The Seller is entitled to block access to the Customer Account and free services if the Client acts to the detriment of the Seller or other Clients, breaches the law or the Regulations, as well as when blocking access to the Customer Account and free services is justified by security reasons - in particular: breaking through the security of the Online Store Website or other hacking actions. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue leading to the blocking of access. The Seller notifies the Client about blocking access to the Customer Account and free services by electronic means to the address provided by the Client in the registration form.

§ 12 Client's Responsibility for the Posted Contents

By posting contents and making them available, the Client voluntarily disseminates the content. The posted content does not express the views of the Seller and should not be equated with their activities. The Seller is not a content provider, but only an entity providing adequate information technology resources for this purpose.

The Client declares that:

a) They are entitled to use the proprietary rights, industrial property rights, and/or related rights to the works, objects of industrial property (e.g., trademarks), and/or related rights included in the contents;

b) Placing and making available personal data, images, and information concerning third parties in the services referred to in §11 of the Regulations took place legally, voluntarily, and with the consent of the persons concerned;

c) They grant consent for the Seller to access the published contents for its possible use in accordance with the provisions of these Regulations;

d) They agree to make the adjustments of the works within the meaning of the Copyright and Related Rights Act.

The Client is not authorized to:

a) Post personal data of third parties and distribute the image of third parties without the required legal permission or consent of the third party during the use of the services referred to in §11 of the Regulations;

b) Post advertising and/or promotional content in the framework of using the services referred to in §11 of the Regulations.

The Seller, upon notification in accordance with §13 of the Regulations, reserves the right to modify or remove content posted by Clients as part of their use of the services referred to in §11 of the Regulations, in particular with regard to content for which third parties or relevant authorities have reported a potential breach.

The Client consents to the free use by the Seller of the content posted by them within the Online Store Website.

§ 13 Reporting Threats or Violations of Rights

If the Client or another person or entity believes that content published on the Online Store Website violates their rights, personal goods, good manners, feelings, morality, beliefs, principles of fair competition, know-how, a secret protected by law or based on an obligation, they may notify the Seller about the potential infringement.

The Seller notified of the potential infringement undertakes immediate actions to remove from the Online Store Website the content causing the infringement.

§ 14 Data Protection

The principles of data protection are set out in the Privacy Policy.

§ 15 Termination of the Agreement (does not apply to Sales Agreements)

Both the Client and the Seller can terminate the agreement for the provision of electronic services at any time and without indicating reasons, subject to retaining rights acquired by the other party before the termination of the above agreement and the provisions below.

The Client who has completed the Registration terminates the agreement for the provision of electronic services by sending to the Seller an appropriate declaration of will, using any remote communication means enabling the Seller to become acquainted with the Client's declaration of will.

The Seller terminates the agreement for the provision of electronic services by sending to the Client an appropriate declaration of will to the email address provided by the Client during Registration.

§ 16 Final Provisions

The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller's liability is limited only to intentional damage and within the limits of actual losses suffered by the Client being an Entrepreneur.

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

In case of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to any disputes arising from these Regulations is Polish law.

The Seller informs the Consumer about the possibility of using non-judicial means of dealing with complaints and redress. The rules of access to these procedures are available at the offices or on the websites of entities entitled to out-of-court dispute resolution. They can be, for example, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, whose list 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 an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).

The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are executed on the basis of the Regulations that were in force on the date of placing the order by the Client. The change of the Regulations comes into force within 7 days from the date of publication on the Online Store Website. The Seller will inform the Client about the change of Regulations 7 days before the new Regulations come into force via an email containing a link to the text of the amended Regulations. In the event that the Client does not accept the new content of the Regulations, they are obliged to notify the Seller, which results in termination of the agreement in accordance with the provisions of §15 of the Regulations.

Contracts with the Seller are concluded in Polish.

These Regulations come into force on 01.01.2023.