Regulations – Phenomene

TERMS AND CONDITIONS OF THE ONLINE STORE HYPEVENOM.COM

CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINTS (APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE CONTRACT (APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
9. PROVISIONS RELATING TO ENTREPRENEURS
10. PERSONAL DATA IN THE ONLINE STORE
11. FINAL PROVISIONS

The hypevenom.com online store cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.

  1. GENERAL PROVISIONS

1.1. The online store available at www.hypevenom.com is run by MIKITA BARYSEVICH, who runs a sole proprietorship (JDG) - Mikita Barysevich,

entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for service: the city of Warzawa, ul. Tasmowa 4a/18 02-677, NIP 5213965681

, REGON 521835997

, e-mail address: hypevenomstore@gmail.com telephone number: 789740350

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for point 9 of the Regulations, which is addressed only to entrepreneurs).

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, within the scope and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).

1.4. Definitions:

1.1.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.

1.1.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.1.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.1.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.1.5. CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).

1.1.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which data provided by the Service Recipient and information about the Orders placed by him in the Online Store are collected.

1.1.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

1.1.8. PRODUCT – clothing and related items available in the Online Store, which are the subject of the Sales Agreement between the Customer and the Seller.

1.1.9. REGULATIONS – these regulations of the Online Store.

1/1/10. ONLINE STORE – the Service Provider's online store available at the Internet address: www.hypevenom.com

1/1/11. SELLER; SERVICE PROVIDER – MIKITA BARYSEVICH running a business under MIKITA BARYSEVICH running a business Sole proprietorship (JDG) – Mikita Barysevich,

entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with: address of the place of business and address for delivery: city of Warzawa ul. Tasmowa 4a/18 02-677, NIP 5213965681

, REGON 521835997

, e-mail address: hypevenomstore@gmail.com telephone number: 789740350

 

1.1.12. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.

1.1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.1.14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.

1.1.15. ACT ON CONSUMER RIGHTS, ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)

1/1/16. ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

  1. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

1/1/17. Account - using the Account is possible after completing a total of three subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the "Create an account" field and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the provided address. e-mail. In the Registration Form, the Service User must provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.

1.1.17.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Service User has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: hypevenomstore@gmail.com or in writing to the following address: Mikita Barysevich, Warsaw , ul. Tasmowa 4a/18 02-677.

1.1.18. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form "Order with the obligation to pay" - until then, it is possible to modify the data entered ( for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.

1.1.18.1. The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when an Order is placed via it or when the Service User stops placing an Order via it.

1.1.19. Newsletter - the Newsletter is used after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "Subscribe" box. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter.

1.1.19.1. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep.phenomene@gmail.com or in writing to the following address: hypevenomstore @gmail.com or in writing to the following address: Mikita Barysevich, Warsaw, ul. Tasmowa 4a/18 02-677

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the option of saving Cookies and Javascript in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.

2.4. Complaint procedure:

1.1.20. 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, which is indicated in points 6 and 7 of the Regulations) may be submitted by the Service Recipient, for example:

1.1.21. in writing to the following address: Mikita Barysevich, Warsaw, ul. Tasmowa 4a/18 02-677

1.1.22. in electronic form via e-mail to the following address: hypevenomstore@gmail.com

1.1.23. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) requests of the Service Recipient; and (3) contact details of the complainant - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

1/1/24. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.

  1. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form

1/1/25. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

1.1.26. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

  1. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

1/1/27. Payment on delivery upon receipt of the shipment.

1/1/28. Payment in cash upon personal pickup.

1/1/29. Payment by transfer to the Seller's bank account.

1.1.29.1. Bank: PKO BANK

1.1.29.2. Account number: 35 1020 1042 0000 8002 0488 9335

1/1/30. Electronic payments and payment card payments via the PayU.pl website - possible current payment methods are specified on the Online Store website in the "Payment methods" tab and on the website http://www.payu.pl.

1/1/30/1. Settlement of electronic payment and payment card transactions is carried out in accordance with the Customer's choice via the PayU.pl website. Electronic and payment card payments are handled by:

1.1.30.1.1. PayU.pl - PayU SA company with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into 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 in the amount of PLN 4,000,000 fully paid, NIP: 779-23-08-495.

4.2. Date of payment:

1/1/31. If the Customer chooses to pay in cash upon personal pickup, pay by bank transfer, electronic payment or pay by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

1/1/32. If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.

  1. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product is available within the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

5.3. Personal collection of the Product by the Customer is free of charge.

5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

1/1/33. Postal shipment, cash on delivery.

1/1/34. Courier delivery, cash on delivery courier delivery.

1/1/35. Personal collection available at: ul. Tasmowa 4a, 02-677 Warszawa – on Business Days, from 09:00 to 17:00.

5.5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:

1/1/36. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

1/1/37. If the Customer chooses the cash on delivery method - from the date of conclusion of the Sales Agreement.

5.6. Deadline for the Product to be ready for collection by the Customer - if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of a given Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date, which, however, may not exceed 2 Business Days. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order. The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:

1/1/38. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

1/1/39. If the Customer chooses the cash method upon personal collection - from the date of conclusion of the Sales Agreement.

  1. 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 law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller's liability for a Product defect and the Customer's rights are specified on the Online Store website in the "Complaint of goods" tab.

6.3. A complaint may be submitted by the Customer, for example:

1/1/40. in writing to the following address: Mikita Barysevich, Warsaw, ul. Tasmowa 4a/18 02-677

1/1/41. in electronic form via e-mail to the following address: hypevenomstore@gmail.com

6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested the replacement of the item or removal of the defect or has submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request has been considered justified. .

6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the following address: Mikita Barysevich, Warsaw, ul. Tasmowa 4a/18 02-677 In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

  1. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

7.3. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute settlement to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller's business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at the address advice@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on working days, from 8:00 to 18:00, connection fee according to the operator's tariff).

7.4. At http://ec.europa.eu/consumers/odr, a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

  1. RIGHT TO WITHDRAW FROM THE CONTRACT
    (APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point

8.8 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:

1/1/42. in writing to the following address: Mikita Barysevich, Warsaw, ul. Tasmowa 4a/18 02-677

1.1.43. in electronic form via e-mail to the following address: hypevenomstore@gmail.com

8.2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Withdrawal from the contract" tab. The consumer may use the form template, but it is not mandatory.

8.3. The deadline to withdraw from the contract begins:

1/1/44. for a contract under which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consist in regular delivery of Products for a specified period of time - from taking possession of the first Product;
1/1/45. for other contracts - from the date of conclusion of the contract.

8.4. In the event of withdrawal from a distance contract, the contract is considered void.

8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest regular delivery method available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.

8.6. The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Mikita Barysevich, Warsaw, ul. Tasmowa 4a/18 02-677.

8.7. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

1/1/46. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.

1/1/47. The consumer bears the direct costs of returning the Product.

1/1/48. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

1.1.49. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services that after the Seller has provided the service, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract.

  1. PROVISIONS APPLICABLE TO ENTREPRENEURS

9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer 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 prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. As soon as the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delays in the transport of the shipment.

9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.

9.6. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer 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 contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

9.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Customer who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

  1. FINAL PROVISIONS

10.1. Agreements concluded through the Online Store are concluded in Polish.

10.2. Amendment of the Regulations:
1/1/50. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
1.1.51. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
1/1/52. In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), the amendments to the Regulations will not in any way violate the rights acquired by the Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not have impact on already placed or submitted Orders and concluded, implemented or performed Sales Agreements.
10.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.

  1. TEMPLATE WITHDRAWAL FROM THE CONTRACT

(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:

Mikita Barysevich

Warsaw

  1. Tasmowa 4a/18

02-677


hypevenom.com
hypevenomstore@gmail.com

– I/We(*) hereby inform(*) about my/our withdrawal from the contract for the sale of the following items(*) contract for the delivery of the following items(*) contract for specific work consisting in the performance of the following items(*)/for the provision of the following service (*)

– Date of contract conclusion(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete where not applicable.