TERMS AND CONDITIONS
- Postal address - Nesperta Europe Sp. z o.o., ul. Obornicka 7, 62-002 Jelonek, Poland.
- Address for complaints: Nesperta Europe Sp. z o.o., ul. Poznańska 165, 62-052 Komorniki, Poland
- Delivery price list - available at https://hihybrid.pl/enstore/ a list of available delivery methods and their costs.
- Contact details:
Nesperta Europe Sp. z o.o.
Ul. Obornicka 7
phone: +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/enstore/”.
- 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 choices.
- 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/enstore/”.
- 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/enstore/”, through which the Buyer can place an order.
Nesperta Europe sp. z o.o.
ul. Obornicka 7
Poland NIP: 5252837102, REGON: 387104337
entered into the National Court Register under the number 0000860765. The register is available at:
BANK ACCOUNT: 43 1750 0012 0000 0000 3851 0657 (payment in PLN)
Name of the bank: Reiffeisen Polbank
- 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 Internet.
- 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 competent authority.
- 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:
a) 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;
b) 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/enstore/ 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;
c) choosing the type of payment from the available methods, i.e:
- 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 on delivery);
d) choosing the place of delivery;
e) placing an order in the store by using the appropriate button, depending on the chosen delivery method.
- The conclusion of the contract with the Consumer takes place at the moment of placing an order.
- Implementation (preparation for shipment) of Customer orders:
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.
- 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 orders:
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 contract.
- 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 Law.
- 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 submitted statement).
- 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 above-mentioned deadline.
- 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 Law.
- 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 law.
- 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 needs;
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 after delivery;
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 delivery;
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 may:
a) submit a statement requesting a price reduction;
b) submit a statement of withdrawal from the contract;
unless 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 may also:
a) request replacement of the item with an item free of defects;
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 the contract.
- 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 Seller.
- 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: https://diamond-cosmetics.dhl24.com.pl/diamond-cosmetics (’DHL Panel’).
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 respond to:
a) the statement of request to reduce the price;
b) the statement of withdrawal from the contract;
c) the request for the replacement of the item with an item free from defects;
d) the request to remove the defect.
Otherwise, 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 the Consumer.
- 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 mediation ineffectively.
- 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 general principles.
- 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.
- 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.
§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 force.
- The current version of the Terms and Conditions is always available for the User in the Terms and Conditions tab (https://hihybrid.pl/enstore/). 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 valid.
- 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 applicable laws.
- The list of Permanent Consumer Arbitration Courts is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596
- 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.