ONLINE STORE TERMS AND CONDITIONS
HYPEVENOM.COM
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING THE SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS, AND DELIVERY TIME OF THE PRODUCT, AS WELL AS PICKUP
6. PRODUCT COMPLAINT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND THE RULES FOR ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PERSONAL DATA IN THE ONLINE STORE
11. FINAL PROVISIONS
The online store hypevenom.com respects consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Contract provisions less favorable to the consumer than those stipulated in the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory legal regulations, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above regulations, the regulations shall take precedence and must be applied.
- GENERAL PROVISIONS
1.1. The website www.hypevenom.com is operated by the company HYPE VENOM COMPANY LIMITED LIABILITY COMPANY ("We"). We are a company registered in Poland under REGON number 528695358, NIP 1251768621 with headquarters at 68B Szwoleżerów Street, ZĄBKI, Poland 05-091. Our email address is support@hypevenom.com. Our email address is support@hypevenom.com. Our warehouse and shipping location are at the following address:
68B SZWOLEŻERÓW St., apt. 3, ZĄBKI, 05-091, WOŁOMIŃSKI County, MAZOWIECKIE Voivodeship, POLAND.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (except for point 9 of the Terms and Conditions, which is intended exclusively for entrepreneurs).
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes, within the scope, and based on the grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing, as well as the rights of the data subjects, and information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer using the Online Store is voluntary, except for exceptions indicated in the privacy policy (contract conclusion and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – An Electronic Service identified by an individual name (login) and password provided by the Service Recipient, consisting of a set of resources in the Service Provider's IT system, where data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – An Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Users to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, new arrivals, and promotions in the Online Store.
1.4.8. PRODUCT – clothing and related items available in the Online Store that are the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. ONLINE STORE – the Service Provider's online store available at the web address: www.hypevenom.com
1.4.11. SELLER; SERVICE PROVIDER – The website www.hypevenom.com is operated by the company HYPE VENOM COMPANY LIMITED LIABILITY COMPANY ("We"). We are a company registered in Poland under REGON number 528695358, NIP 1251768621 with its registered office at 68B Szwoleżerów Street, ZĄBKI, Poland 05-091. Our email address is support@hypevenom.com.
1.4.12. SALES AGREEMENT – a sales agreement for the Product concluded or to be concluded between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who is using or intends to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended)
1.1.16. ORDER – a declaration of intent made by the Customer using the Order Form, directly aimed at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – using the Account is possible after the Service Recipient completes three consecutive steps – (1) filling out the Registration Form, (2) clicking the "Create Account" button, and (3) confirming the intention to create the Account by clicking the confirmation link automatically sent to the provided email address. In the Registration Form, the Service Recipient must provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and password. For Service Recipients who are not consumers, it is also necessary to provide the company name and VAT identification number (NIP).
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, in particular via email to: hypevenomstore@gmail.com or in writing to the address: Hypevenom, 02-672 Domaniewska 47/411 Warsaw.
2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the "Order with obligation to pay" button on the Online Store page after completing the Order Form – until this point, it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store page). The Order Form requires the Customer to provide the following information about themselves: full name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and details regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and VAT identification number.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is one-time only, ending upon the submission of an Order through it or upon the earlier cessation of submitting an Order through it by the Service Recipient.
2.1.3. Newsletter – use of the Newsletter occurs after providing an email address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter will be sent, and clicking the "Subscribe" button. You can also subscribe to the Newsletter by checking the appropriate checkbox during Account registration – upon creating the Account, the User is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe from the Newsletter (opt out of the Newsletter) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular via email to: hypevenomstore@gmail.com or in writing to the address: Hypevenom, 02-672 Domaniewska 47/411 Warsaw.
2.2. Technical requirements necessary for cooperation with the teleinformatics system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and JavaScript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, respecting personal rights as well as the copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is required to enter data that is accurate and truthful. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure mode:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in points 6 and 7 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
2.4.2. in writing to the address: Hypevenom, 02-672 Domaniewska 47/411 Warsaw
2.4.3. in electronic form via email to: hypevenomstore@gmail.com
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity; (2) the Service Recipient's demand; and (3) contact details of the complainant – this will facilitate and expedite the Service Provider's handling of the complaint. The requirements stated in the previous sentence are only recommendations and do not affect the validity of complaints submitted without the recommended complaint description.
2.4.5. The Service Provider shall respond to the complaint promptly, no later than within 14 calendar days from the date of its submission.
3. TERMS OF CONCLUDING THE SALES AGREEMENT
Your order will be fulfilled within the delivery time specified in the Shipping Confirmation or, if no delivery time is specified, within a reasonable time (depending on the delivery service you selected). In any case, delivery will occur no later than 30 days from the date the Agreement was made.
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.2. The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed of the total price of the Product being ordered, including taxes, as well as delivery costs (including transport, delivery, and postal charges) and any other costs, or, if these charges cannot be determined, the obligation to pay them, on the Online Store pages during the Order placement process, including at the moment the Customer expresses their intention to enter into the Sales Agreement.
3.3. Procedure for Concluding a Sales Agreement in the Online Store Using the Order Form
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has previously placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is made by the Seller sending the Customer an appropriate email to the email address provided during the Order placement, which includes at least the Seller's statements confirming receipt of the Order, acceptance for processing, and confirmation of the conclusion of the Sales Agreement. Upon the Customer receiving this email, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The recording, securing, and making available to the Customer the content of the Sales Agreement is done by (1) providing this Terms and Conditions on the Online Store's website and (2) sending the Customer an email message referred to in point 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery payment upon receipt of the shipment.
4.1.2. Cash payment upon personal pickup.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.3.1. Bank: Santander Bank Polska S.A.
4.1.3.2. Account number: 26 1090 2590 0000 0001 5825 1828
4.1.4. Electronic payments and card payments via the PayU.pl service – the currently available payment methods are specified on the Online Store's website under the "Payment Methods" tab and on the website http://www.payu.pl.
4.1.4.1. Settlement of transactions using electronic payments and payment cards is carried out according to the Client's choice via the PayU.pl service. Electronic payment and payment card processing is handled by:
4.1.4.1.1. PayU.pl – PayU S.A. based in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital of 4,000,000 PLN fully paid, VAT ID: 779-23-08-495.
4.2. Payment term:
4.2.1. In the case of the Customer choosing payment by cash on personal collection, bank transfer, electronic payments, or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. If the Customer chooses cash on delivery payment upon receipt of the shipment, the Customer is required to make the payment upon receipt of the shipment.
5. COST, METHODS, AND DELIVERY TIMEFRAME, AS WELL AS PRODUCT PICKUP
5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement states otherwise. The costs of delivering the Product (including charges for transport, delivery, and postal services) are indicated to the Customer on the Online Store's pages under the "Delivery Costs" section and during the Order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.
5.3. Personal pickup of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following delivery or pickup options for the Product:
5.4.1. Postal shipment, cash on delivery postal shipment.
5.4.2. Courier shipment, cash on delivery courier shipment.
5.4.3. Personal pickup available at: Hypevenom, 02-672 Domaniewska 47/411 Warsaw – on weekdays, from 9:00 AM to 5:00 PM.
5.5. The delivery time for the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 7 Business Days. The start of the delivery time for the Product to the Customer is calculated as follows:
5.5.1. In the case of the Customer choosing payment by bank transfer, electronic payment, or payment card – from the day the Seller's bank account or settlement account is credited.
5.5.2. In the case where the Customer chooses payment by cash on delivery – from the date of conclusion of the Sales Agreement.
5.6. Product readiness date for Customer pickup – if the Customer chooses to pick up the Product in person, the Product will be ready for pickup within 2 Business Days, unless a shorter period is specified in the Product description or during the Order process. For Products with different readiness dates, the readiness date will be the longest specified period, which, however, cannot exceed 2 Business Days. The Customer will also be notified of the Product’s readiness for pickup by the Seller via an appropriate email sent to the email address provided by the Customer during the Order process. The start of the Product readiness period for Customer pickup is calculated as follows:
5.6.1. In the case of the Customer choosing payment by bank transfer, electronic payment, or payment card – from the day the Seller's bank account or settlement account is credited.
5.6.2. In the case where the Customer chooses to pay in cash upon personal pickup – from the date of concluding the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable legal regulations, in particular in the Civil Code (especially in Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver the Product to the Customer free of defects. Detailed information regarding the Seller's liability for product defects and the Customer's rights can be found on the Online Store's website under the "Product Complaints" section.
6.3. A complaint may be filed by the Customer, for example:
6.3.1. in writing to the address: Hypevenom, 02-672 Domaniewska 47/411 Warsaw
6.3.2. in electronic form via email to: hypevenomstore@gmail.com
6.4. It is recommended that the Customer include in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the defect occurrence; (2) a request for the method of bringing the Product into compliance with the Sales Agreement or a statement regarding a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the Seller's handling of the complaint. The requirements stated in the previous sentence are only recommendations and do not affect the validity of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer, being a consumer, has requested the replacement of the item or the removal of a defect, or has submitted a statement on price reduction specifying the amount by which the price should be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request has been accepted as justified.
6.6. The Customer exercising rights under the warranty is obliged to deliver the defective Product to the following address: Hypevenom, 02-672 Domaniewska 47/411 Warsaw. In the case of a Customer who is a consumer, the Seller bears the cost of delivering the Product; in the case of a Customer who is not a consumer, the Customer bears the delivery cost. If, due to the type of Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is situated.
7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND CLAIMS AND THE RULES FOR ACCESS TO THESE PROCEDURES
7.1. Detailed information regarding the possibility for the Customer who is a consumer to use out-of-court methods of complaint resolution and claim enforcement, as well as the rules for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The Office of Competition and Consumer Protection also operates a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or postal address: Pl. Powstańców Warszawy 1, Warsaw), whose role includes providing assistance to consumers in matters related to out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of options for using out-of-court methods for handling complaints and pursuing claims: (1) submitting an application for dispute resolution to a permanent consumer arbitration court (more information available at: http://www.spsk.wiih.org.pl/); (2) submitting an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection Authority (more information available on the website of the inspector competent for the location of the Seller’s business activity); and (3) assistance from the district (municipal) consumer ombudsman or a consumer protection organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumers Association). Advice is provided, among other ways, by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (the helpline is available on business days from 8:00 am to 6:00 pm, call charges according to the operator’s tariff).
7.4. The online platform for dispute resolution between consumers and traders at the EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website providing a one-stop shop for consumers and traders seeking an out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts (more information is available on the platform itself or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
(APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for any additional costs that may arise from your choice of a delivery method other than the cheapest standard delivery option we offer
8.2 To exercise your right to withdraw from the contract, you must notify the company of your decision:
8.2.1. in writing to the address: Hypevenom, 02-672 Domaniewska 47/411 Warsaw.
8.2.2. in electronic form via email to the address: support@hypevenom.com
8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available on the Online Store's website under the "Withdrawal from the contract" section. The consumer may use the sample form, but it is not mandatory.
8.4. The withdrawal period begins on:
8.4.1. for a contract under which the Seller delivers the Product and is obliged to transfer its ownership (e.g., a Sales Agreement) – from the moment the Product is taken into possession by the consumer or a third party designated by them other than the carrier, and in the case of a contract that: (1) includes multiple Products delivered separately, in batches, or in parts – from the moment the last Product, batch, or part is taken into possession, or (2) involves regular delivery of Products over a specified period – from the moment the first Product is taken into possession;
8.4.2. for other contracts – from the date of contract conclusion.
8.5. In the event of withdrawal from a distance contract, the contract is considered not concluded.
8.6. The Seller is obliged to promptly refund the consumer all payments made, including the cost of delivering the Product (except for additional costs resulting from the Customer choosing a delivery method other than the cheapest standard delivery available in the Online Store), no later than 14 calendar days from the day of receiving the consumer's withdrawal statement from the contract. The Seller will refund the payment using the same payment method the consumer used, unless the consumer has explicitly agreed to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund until they receive the Product back or the consumer provides proof of its return, whichever occurs first.
8.7. The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it without delay, no later than within 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. The Consumer may return the Product to the address: Hypevenom, 02-672 Domaniewska 47/411 Warsaw.
8.8. The consumer is responsible for any reduction in the value of the Product resulting from using it in a manner that exceeds what is necessary to determine the nature, features, and functioning of the Product.
8.9. Possible costs associated with the consumer's withdrawal from the contract that the consumer is obliged to bear:
8.9.1. If the consumer has chosen a delivery method for the Product other than the cheapest standard delivery option available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.9.2. The consumer bears the direct costs of returning the Product.
8.9.3. In the case of a Product that is a service, the performance of which – at the explicit request of the consumer – began before the withdrawal period expired, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal. The payment amount is calculated proportionally to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.10. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.10.1. (1) for the provision of services, if the Seller has fully performed the service with the explicit consent of the consumer, who was informed before the service began that after the Seller has fulfilled the service, the right to withdraw from the contract will be lost; (2) where the price or remuneration depends on fluctuations in the financial market beyond the Seller's control, which may occur before the withdrawal period expires; (3) where the subject of the service is a non-prefabricated Product made according to the consumer's specifications or intended to meet their individualized needs; (4) where the subject of the service is a Product liable to rapid spoilage or with a short shelf life; (5) where the subject of the service is a Product supplied in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the service are Products which, after delivery, due to their nature, become inseparably mixed with other items; (7) where the subject of the service is alcoholic beverages whose price was agreed upon at the conclusion of the Sales Agreement, delivery of which can only take place after 30 days and whose value depends on market fluctuations beyond the Seller's control; (8) where the consumer explicitly requested the Seller to come to them to carry out urgent repairs or maintenance; if the Seller additionally provides other services than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products; (9) where the subject of the service are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not recorded on a tangible medium, if the performance began with the consumer's explicit consent before the withdrawal period expired and after the Seller informed them of the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Terms and the provisions contained herein apply exclusively to Clients and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims by the Client who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. At the moment the Seller hands over the Product to the carrier, the benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, transfer to the Customer who is not a consumer. In such a case, the Seller is not liable for loss, shortage, or damage to the Product occurring from the time it is accepted for transport until it is delivered to the Customer, nor for any delay in the shipment's transport.
9.5. In the event that the Product is sent to the Customer via a carrier, a Customer who is not a consumer is obliged to inspect the shipment in a timely manner and in a manner customary for shipments of this type. If they find that the Product has been lost or damaged during transport, they are required to take all necessary actions to determine the carrier's liability.
9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Client who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the Electronic Service Agreement with immediate effect and without providing reasons by sending the Service Recipient an appropriate statement.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited – both for individual claims and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not exceeding one thousand zlotys. The Service Provider/Seller is liable to the Service Recipient/Client who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits in relation to the Service Recipient/Client who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the Seller's/Service Provider's registered office.
10. FINAL PROVISIONS
10.1. Contracts concluded through the Online Store are made in Polish.
10.2. Changes to the Terms and Conditions:
10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in legal regulations; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In the case of contracts of a continuous nature concluded under these Terms and Conditions (e.g., provision of the Electronic Service – Account), the amended terms shall bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, meaning the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of contracts concluded under these Terms and Conditions that are not continuous contracts (e.g., Sales Agreement), changes to the Terms and Conditions will not in any way affect the rights acquired by Service Recipients/Customers who are consumers before the effective date of the changes to the Terms and Conditions, in particular, the changes will not affect Orders already placed or being placed, nor Sales Agreements concluded, executed, or performed.
10.3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
11. WITHDRAWAL FORM TEMPLATE
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Template for the withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Recipient:
Hypevenom, 02-672 Domaniewska 47/411 Warsaw
hypevenom.com
hypevenomstore@gmail.com
– I/We(*) hereby inform(s) you of my/our withdrawal from the sales contract for the following item(s)(*), the delivery contract for the following item(s)(*), the contract for work consisting of the following item(s)(*),/for the provision of the following service(*)
– Date of contract conclusion(*)/receipt(*)
– Consumer's full name(s)
– Consumer address(es)
– Consumer's signature(s) (only if the form is submitted in paper form)
– Data
(*) Delete as appropriate.