TERMS AND CONDITIONS
- Postal address - NESPERTA
SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Ul. Jugosłowiańska 43, 60-149
- Address for complaints: Nesperta, ul.
Poznańska 165, 62-052 Komorniki, Poland
- Delivery price list - available at https://hihybrid.pl/pl/
a list of available delivery methods and their costs.
- Contact details:
GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ INTERNATIONAL SPÓŁKA
Ul. Obornicka 7
+48 61 101 80 80 (mon-fri 7.00-15.00)
- Delivery - type of transport service with
specification of the carrier and the cost listed in the delivery
price list at „https://hihybrid.pl/pl/”.
- Proof of purchase - Proof of purchase - an
invoice, bill or receipt issued in accordance with the Act on
tax on goods and services of 11 March 2004, as amended and other
applicable laws or other evidence duly confirming all material
conditions of the contract.
- Product card - a single subpage of the Store
containing information about a single product.
- Customer - an adult natural person with full
legal capacity, a legal person or an organisational unit without legal
personality, and having the capacity to perform acts in law,
exercising seller purchase directly related to its
business or professional activity.
- Consumer - an adult person with full legal
capacity, making the purchase from the Seller not
directly linked to its business or professional activity.
- Basket - a list of products made from
products offered in the store based on the Buyer's
- Buyer - both the Consumer
and the Customer.
- Place of delivery - postal
address or collection point indicated in the order
by the Buyer.
- Moment of delivery of the goods - the point
at which the Buyer or a third person indicated by
him/her receives the goods.
- Payment - the method of payment for the
object of the contract and delivery
listed at „https://hihybrid.pl/pl/”.
- Consumer Law - the Act on Consumer
Rights of 30 May 2014.
- Product - minimal and indivisible
amount of products, which can be the subject of the order,
and which is given in the Seller’s store as a unit of
measure in determining its price (price/unit).
- Object of the contract - products
and delivery object to the contract.
- Object of performance - object
of the contract.
- Collection point - the place of issue of the
item, not being a postal address, listed in a summary provided by the
Seller in the store.
- Item - a movable item that can be or is the
object of the contract.
- Store - a website available at „https://hihybrid.pl/pl/”,
through which the Buyer can place an order.
- Seller: NESPERTA GROUP
SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ INTERNATIONAL SPÓŁKA
Ul. Obornicka 7
Poland NIP: 9721267979, REGON:
entered into the National Court Register under the
number 0000645760. The register is available at:
BANK ACCOUNT: 43 1750 0012
0000 0000 3851 0657 (payment in PLN)
Name of the bank:
- System - a set of IT equipment and software,
providing processing and storage, as well as sending and receiving
data through telecommunications networks by means of a terminal
appropriate for the given type of network, commonly called the
- Contract -a contract concluded at a distance
or away from business premises within the meaning of the Act on
Consumer Rights of 30 May 2014 in the case of Consumers,
and a sales contract within the meaning of Article 535 of the Civil
Code Act of 23 April 1964 in the case of Buyers.
- User - Store user (including the Buyer).
- Defect - both a physical
defect, and a legal defect.
- Physical defect - incompatibility of the item
sold with the contract, in particular if the object:
a) does not have properties that this kind of object should have in
view of the purpose marked in the contract or
resulting from circumstances or destination; b) does not have the
properties of whose existence the Seller provided the
Consumer, c) is unsuitable for the purpose of which
the Consumer informed the Seller at
the conclusion of the contract, and the Seller did
not raise any objection to such a use; d) has been sold to the Consumer
incompletely; e) in the event of incorrect installation and
commissioning, if these activities were carried out by the seller
or a third party for whom the Seller bears
responsibility, or by the consumer who followed the
instructions received from the seller; f) does not
have the characteristics provided for by the manufacturer or its agent
or person who places the product on the market as part of its business
activities and a person who, by placing its name, trademark or other
distinguishing sign on the item, presents itself as a producer, unless
the Seller did not know these assurances or,
judiciously, it could not know or they could not influence the
decision of the Consumer about concluding the contract
or when their content had been corrected before concluding the contract.
- Legal defect - a situation in which the
object sold is the property of a third party or is encumbered with a
right of a third party, and if a restriction on the exercise or
disposing of the item is clear from the decision or ruling of a
- Order - a declaration of will of the Buyer
placed through the store specifying: type and
quantity of products; type of delivery;
type of payment; place of delivery,
Buyer's data aiming directly to conclude a contract
between the Buyer and the Seller.
§2. General conditions
- The contract is subject to Polish law and
will be interpreted in accordance with the provisions of Polish law
and the provisions of these Terms and Conditions. In the case of contracts
concluded with customers, the provisions of the
United Nations Convention on Contracts for the International Sale of
Goods, drawn up in Vienna on April 11, 1980, are not applicable.
- The place of goods delivery may be located in
the territory of (i) the Republic of Poland, and (ii) all countries
of the European Union.
- The Seller is required and is committed to
provide services and deliver items free of defects.
- All prices quoted by the Seller are
denominated in Polish currency and are gross prices (including VAT).
Prices of products do not include the cost of delivery,
which is specified in the delivery price list.
- The Seller does not provide the Buyer
with a guarantee within the meaning of Article 577 of the Civil
Code, but informs about known guarantees provided by third parties
for products offered by the store.
- Confirmation, disclosure, consolidation, protection of all
essential provisions of the contract in order to gain
access to this information in the future takes the form of:
confirmation of orders by sending the following items
to the indicated e-mail address: order, pro forma invoice, information
about the right to withdraw from the contract, these
terms and conditions in .pdf version, a withdrawal form the contract
in .pdf version, and links to download these terms and conditions, and
the pattern of withdrawal from the contract;
attaching the following items to the completed order,
sent to the indicated place of delivery of the
printed items: proof of purchase, information about
the right to withdraw from the contract, these terms
and conditions, pattern of withdrawal from the contract.
- The Seller does not charge any fees for the
communication with the use of means of communication at a distance,
and the Buyer shall bear the costs in the amount
resulting from the contract entered into with a third party providing
a particular service that facilitates communication at a distance.
- The Seller shall ensure the Buyer
using the system that the store
operates correctly in the following browsers: IE version 7 or higher,
FireFox version 3 or higher, Opera version 9 or higher, Chrome version
10 or higher, Safari with the latest JAVA and FLASH versions, on
screens with a display resolution above 1024 pixels.
Using third-party softwares affects the functioning and functionality
of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can
affect proper display of the store, so in order to get full
functionality of the https://hihybrid.pl/pl/ store,
you may need to turn them off.
- The buyer can use the option to store
his/her data by the store in order to facilitate the process of
placing another order. For this purpose, the Buyer
should provide login and password necessary to access his/her account.
Login and password are a sequence of characters determined by the Buyer,
who has the obligation to keep them secret and protect them against
unauthorised access by third parties. The Buyer has
the ability to view, correct, and update data and at any time delete
his/her account from the online store.
§3. Conclusion of the contract and implementation
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer
should perform at least the following actions, some of which may be
repeated many times:
a) adding the product to the basket;
b) choosing the type of delivery;
choosing the type of payment from the available
- if the Buyer makes a payment
from the territory of the Republic of Poland: payment on delivery or
an online payment made by Blue Media service, for example by payment
card, credit card or bank transfer, including: Visa, Visa Electron,
MasterCard, MasterCard Electronic, Maestro, Online Payments Pay by
link, fast transfer, BLIK, etc.;
- if the
Buyer makes a payment from outside the territory of the Republic of
Poland: online payment made by PayPal, for example by payment card,
credit card or by bank transfer (it is not possible to choose payment
d) choosing the place of
e) placing an order in the store
by using the appropriate button, depending on the chosen delivery
- The conclusion of the contract with the Consumer
takes place at the moment of placing an order.
- Implementation (preparation for shipment) of Customer
a) payment on delivery shall take
place immediately after the conclusion of the contract;
b) payment by transfer shall take place immediately after the
conclusion of the contract and recording the payment
of the Customer on the account of the Seller;
c) payment via the electronic payment system (Blue Media,
PayPal) shall take place immediately after the conclusion of the contract
and positive authorisation of the transaction in the electronic
- Conclusion of the contract with the Customer
takes place in the case of accepting a given order by
the Seller, upon acceptance of such an order
by the Seller, about which it informs the Customer
within 48 hours from submitting the above-mentioned order.
- Implementation (preparation for shipment) of the Customer
a) payment on delivery shall take
place immediately after the conclusion of the contract
b) payment by transfer shall take place immediately after the
conclusion of the contract and recording the payment
of the Customer on the account of the Seller
c) payment via the electronic payment system (Blue Media,
PayPal) shall take place immediately after the conclusion of the
contract and positive authorisation of the transaction in the
electronic payment system.
- The implementation of Customer orders
may be dependent on the effective payment of the whole or part of the
value of the order or obtaining a buyer’s credit
being equal to at least the value of the order or
consent from the Seller to send orders
for payment on delivery (paid on receipt).
- Shipment of the products covered by the
content of the order shall take place immediately after the
completion (preparation for shipment) of such an order,
no later than within 7 days from the date of conclusion of the
- The purchased object of the contract is,
together with a sales document chosen by the Buyer,
sent by means of the selected delivery method to the
place of delivery indicated by the Buyer
in the order, together with attachments referred to
in §2 point 6b.
§4. Right of withdrawal from the contract
- Pursuant to art. 27 of the Consumer law, the
Consumer has the right to withdraw from the contract
concluded remotely, without giving any reason and without incurring
any costs, with the exception of the costs specified in art. 33 and 34
of the Consumer law.
- The deadline to withdraw from the contract concluded remotely
is 14 days from the moment of issue of the item, and
to meet the deadline, it is enough to send a statement of withdrawal
from the contract before the expiry of the above-mentioned deadline.
- A statement of withdrawal from the contract may be submitted
by the Consumer on the form, the pattern of which is
attached as Annex 2 to the Consumer law, on the form
available at https://hihybrid.pl/media/instrukcje/Hi-zwrot.pdf
or in any other written form consistent with the Consumer
- The Seller excludes the possibility of
submitting a statement of withdrawal in a form other than written.
- The Seller shall immediately confirm the
receipt of the statement of withdrawal from the contract to the e-mail
address provided by the Consumer (given at the
conclusion of the contract and other if given in the
- In the event of withdrawal from the contract,
the contract shall be considered null and void.
- The Consumer is required to immediately
return the item to the Seller, not later than 14 days
from the date of withdrawal from the contract. To meet this deadline,
it is enough to return the items before the expiry of the
- The Consumer returns the items which are the
object of the contract, from which he/she withdrew at his/her own
expense and risk.
- The Consumer does not bear the costs of
providing digital content which is not recorded on a tangible medium,
if he/she did not consent to the provision of services before the
expiry of the withdrawal period or was not informed about the loss of
his/her right to withdraw from the contract at the time of such
consent or the entrepreneur did not provide confirmation in accordance
with art. 15 para. 1 and art. 21 para. 1 of the Consumer
- The Consumer shall be responsible for the
reduction in the value of the object of the contract resulting from
its use in a way that goes beyond that which is necessary to establish
the nature, characteristics and functioning of that object.
- The Seller shall immediately, no later than
within 14 days from the date of receipt of the statement of withdrawal
from the contract submitted by the Consumer, return
all payments made by the Consumer, including delivery
costs, and if the Consumer chose a delivery method
other than the cheapest delivery method offered by the Seller,
the Seller shall not reimburse the Consumer
for additional costs in accordance with art. 33 of the Consumer
- The Seller shall refund the payment using the
same method of payment, which was used by the Consumer,
unless the Consumer has expressly agreed to another
method of payment that does not entail any costs for
him/her. In the case of a refund of payment for a transaction made
with a payment card, the refund is made to the bank account assigned
to a given payment card.
- The Seller may withhold the refund of the
payment received from the Consumer until the moment
the item is received in return or the delivery of evidence of its
return by the Consumer, whichever occurs first.
- Pursuant to art. 38 of the Consumer law, the
Consumer is not entitled to the right to withdraw
from the contract:
a) in which the price or remuneration
depends on the fluctuations on the financial market which the Seller
does not control, and which may occur before the expiry of the
deadline to withdraw from the contract;
b) in which the object
of service is a non-prefabricated item, manufactured according to the
consumer’s specification or serving to satisfy his/her individual
c) in which the object of the service
is something which can quickly deteriorate or has a short expiry date;
d) in which the object of the service is
delivered in a sealed package, which cannot be returned after opening
due to health or hygiene reasons, if the packaging has been opened
e) in which the object of the
service constitutes things that after delivery, due to their nature,
are inseparably connected with other things;
f) in which the object
of the service consists of sound or visual recordings or software
delivered in a sealed package, if the packaging has been opened after
g) for delivery of digital content that is not
recorded on a tangible medium, if the provision of the service began
with the explicit consent of the Consumer before the
expiry of the deadline to withdraw from the contract and after
informing the entrepreneur about the loss of the right to withdraw
from the contract;
h) for delivery of newspapers, periodicals
or magazines, with the exception of a subscription contract.
§5. Seller's liability for defects; warranty
- The Seller's liability towards the Customer
is limited to damage caused to the Customer as a
result of intentional actions of the Seller. The Seller,
pursuant to art. 558 §1 of the Civil code, fully
excludes any liability towards the Customers for
physical and legal defects (warranty).
- The Seller shall be liable to the Consumer
on the terms set out in Article 556 of the Civil Code
and subsequent ones for defects (warranty).
- In the case of the contract with the Consumer,
if a physical defect was found before the end of a
year from the release of the item, it is believed
that it existed at the time of handing the risks over to the Consumer.
- If the item sold has a defect, the Consumer
a) submit a statement requesting a price reduction;
b) submit a statement of withdrawal from the contract;
the Seller immediately and without undue
inconvenience to the Consumer replaces the defective
item with an item free of defects or removes the defect. However, if
the item was already replaced or repaired by the Seller
or the Seller did not satisfy the obligation to
replace the defective item with an item free of defects or to remove
the defect, the Consumer shall not be entitled to have the item
replaced or the defect removed.
- The Consumer, instead of the removal of
defect proposed by the Seller, may require the Seller
to replace the defective item with an item free of defects or require
the Seller to remove the defects instead of replacing
the item, unless bringing the item into compliance with the contract
in a manner chosen by the Consumer is impossible or
would require excessive costs in comparison with the method proposed
by the Seller, wherein the assessment of these costs
takes into account the value of the item free of defects, the nature
and the importance of the defect, and it also takes into account the
disadvantages to which the Consumer would be subject
in the case of other manners of bringing the item into compliance.
- The Consumer cannot withdraw from the contract
if the defect is irrelevant.
- If the item sold has a defect, the Consumer
a) request replacement of the item with an item free
b) request removal of the defect.
- The Seller is obliged to replace the
defective item with an item free of defects or to remove the defect
within a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to satisfy the request
of the Consumer if bringing the defective item into
conformity with the contract in the manner chosen by the Consumer is
impossible or would require excessive costs in comparison with other
possible manners of bringing the defective item into conformity with
- If the defective item has been mounted, the Consumer
may request the Seller to dismantle and reassemble
the item after the replacement with an item free from defects or after
the removal of defects, but the Consumer is obliged to bear a part of
these costs exceeding the price of the item sold or may request the
Seller to pay a part of the costs for dismantling and reassembling, to
the price of the item sold. In the event of non-performance of the
obligation by the Seller, the Consumer
is authorised to carry out these activities at the expense and risk of
- The Consumer who exercises the rights under
warranty, is obliged, at the expense of the Seller,
to deliver the defective item to the address for
complaints, and if, due to the nature of the item or the manner of
its installation, the delivery of the item by the Consumer
would be extremely difficult, the Consumer shall be
obliged to make the item available for the Seller at
the place where the item is located. In the event of non-performance
of the obligation by the Seller, the Consumer
is authorised to send the item at the expense and risk of the Seller.
In order to deliver defective items to the address
for complaints, the Consumer shall be obliged to
order the return of items using DHL services at:
After providing contact details, shipping
address and arranging the date of shipment, the DHL courier will
collect defective items from the Consumer and deliver them to the
Seller. The cost of returning defective items to the Seller ordered by
means of the DHL Panel shall be borne by the Seller.
- The costs of replacement or repair shall be borne by the Seller,
except as described in § 4 paragraph 10.
- The Seller is obliged to accept the Consumer’s
defective item in case of replacement of the item with an item free
from defects or in case of withdrawal from the contract.
- Within fourteen days, the Seller shall
a) the statement of request to reduce the price;
b) the statement of withdrawal from the contract;
request for the replacement of the item with an item free from
d) the request to remove the defect.
it shall be deemed that the Seller has considered the
consumer's statement or request to be justified.
- The Seller shall be liable under warranty if
a physical defect is found within two years from the
moment of handing over the item to the Consumer, and
if the sold item is used - within one year from the
moment of handing over the item to the Consumer.
- The Consumer’s claim for the removal of
defects or replacement of the item with an item free from defects
expires one year from the date of discovery of a defect, but not
earlier than two years since the moment of handing
over the item to the Consumer and if the sold item
is used - within one year from the moment of handing over the item to
- If the expiry date determined by the Seller
or the manufacturer ends after two years from the
moment of handing over the item to the Consumer,
then the Seller shall be liable under warranty for
physical defects of this item found before that date.
- Under the terms specified in § 4, the Consumer
may submit a statement of withdrawal from the contract or a request
for price reduction because of the physical defects of the item sold,
and if the
- In the event of pursuit of one of the warranty rights before a
court or arbitration tribunal, the deadline for the exercise of other
rights the Consumer is entitled to on that account
shall be suspended until the proceedings are finally concluded. The
same applies to mediation proceedings, however the deadline for the
exercise of other warranty rights the Consumer is
entitled to shall run from the day the court refuses to approve the
settlement contract concluded before the mediator or terminates the
- The provisions of §4 shall apply to the exercise of rights
under the warranty for legal defects of the sold
item, with the stipulation that the period shall start from the day on
which the Consumer discovered the defect and, if the
Consumer discovered the defect only as a result of a
third party action, from the day on which the decision given in a
dispute with a third party became final.
- If, due to the item’s defect, the Consumer
filed a statement of withdrawal from the contract or a request for
price reduction, the Consumer may claim compensation for damage
suffered by signing the contract, not knowing about the existence of
defects, even if the damage was a consequence of circumstances for
which the Seller is not responsible, and in
particular the Consumer may request reimbursement of the costs
incurred as a result of the conclusion of the contract, the costs of
delivery, transport, storage and insurance of items, reimbursement of
expenses made to the extent in which the Consumer did not benefit
from, and did not receive their refund from a third party and
reimbursement of the costs of court proceedings. This shall not
prejudice the provisions of the obligation to repair the damage on
- The end of the period for determination of a defect does not
exclude the warranty rights, if the Seller
fraudulently concealed the defect.
- The administrator of databases with personal data provided by
entities using the Store (Users) is
- The Seller undertakes to protect personal
data in accordance with the Personal Data Protection Act of 29
August 1997 and the Act on the provision of electronic services
of 18 July 2002. By providing personal data to the Seller
when placing an order, the User agrees to their
processing by the Seller in order to complete the
order. The User has the right at any time to inspect,
correct, update or delete his/her personal data.
- Detailed rules for the collection, processing and storage of
personal data used for the implementation of orders
which can be found at: „https://hihybrid.pl/pl/”.
§7. Final provisions
- None of the provisions of these Terms and Conditions is
intended to violate the rights of the User, nor can
they be interpreted in this way, as in the event of non-compliance of
any of these Terms and Conditions with the applicable law, the Seller
declares its absolute submission to and application of that law in
place of the contested provision of these Terms and Conditions.
- The Users will be notified electronically
about changes to these Terms and Conditions and their scope (to the
e-mail address provided during their registration or when placing an
order). Notification will be sent at least 30 days before the entry
into force of the new Terms and Conditions. The changes will be
introduced in order to adapt the Terms and Conditions to the law in
- The current version of the Terms and Conditions is always
available for the User in the Terms and Conditions tab
(https://hihybrid.pl/en/). During the execution of the order and
throughout the post-sales care period, the Buyer is obliged to apply
the Terms and Conditions accepted when placing an order, except when
the Consumer considers them as less favourable than the current
version and informs the Seller about choosing the current one as
- In matters not regulated by these Terms and Conditions, the
relevant applicable laws shall apply.
- Disputes, if the Consumer wishes to do so, shall be resolved
through mediation or arbitration. As a last resort, in the event of a
dispute with the Consumer, the case shall be resolved by a court
having factual and local jurisdiction in accordance with generally
- The list of Permanent Consumer Arbitration Courts is available
- Furthermore, pursuant to Article 14 of the Regulation (EU) No.
524/2013 of the European Parliament and of the Council of 21 May 2013
on online dispute resolution for consumer disputes, Consumers may use
out-of-court settlement of disputes related to the Contract by
submitting a complaint via the European Online Dispute Resolution
(ODR) platform, available at http://ec.europa.eu/consumers/odr/
- In case of a dispute between the Seller and the Customer, the
case shall be settled by a court competent for the registered office
of the Seller.