hefra

Terms & Conditions

Terms & Conditions of Rendering Electronic Services by Hefra.pl

 

Definitions

Customer’s Contact Data is the data of the Customer, using which the Seller can contact with the Customer, including address, e-mail address and phone number
Seller’s Contact Data is the data of the Seller, using which the Customer can contact with it, i.e. Warszawska Fabryka Platerów Hefra S.A. (Warszawska Fabryka Platerów Hefra JSC), 8 Żeglarska Street, 59-220 Legnica, Poland, e-mail: bok@hefra.pl, phone: 76 723 77 34.
Working Days are the days from Monday until Friday, excluding official days off.
Delivering consists in delivering the products to the Customer to a destination specified by the Customer, with an intermediary of the Carrier.
Customer is a natural person, a legal person or an organisational unit not having legal capacity that concludes the Contract on rendering the Service with the Seller, under a condition of having full capacity to perform acts in law, or limited capacity to perform acts in law in cases regulated by the generally applicable law provisions or being a legal person or an organizational unit.
Consumer is the Customer, which is a natural person and concludes a Contract not related directly to the economic or professional activity conducted by him/her.
Customer’s account is a panel that manages the orders, available in the Shop area, under a condition of providing a Registration and Signing in.
Basket is a functionality of the Shop, which enables to complete the orders of the Products by the Customer. Adding a Product to a list of Products covered by the order takes place by using a “Add to the Basket” button, which is next to the Product in the area of the Shop web site.
Product is a good presented in the area of the Shop by the Seller in order to Sell it.
Carrier is an entity, which is the carrier that realises the activities consisting in Delivering the Products in a cooperation with the Seller.
Terms & Conditions is this Terms & Conditions of rendering Services by electronic means within an area of the Hefra.pl Internet domain, which determines the conditions of rendering the Services by the Seller through www.hefra.pl web site to the benefit of the Customers.
Registration is a procedure of creating of the Customer’s Account by the Customer, using a registration form of the Shop, which is available on the web site of the Shop.
Shop is the on-line shop run by the Seller in Polish through the web site (World Wide Web) available in the Internet under the URL address: Hefra.pl.
Seller is Warszawska Fabryka Platerów Hefra S.A. (Warszawska Fabryka Platerów Hefra JSC), 8 Żeglarska Street, 59-220 Legnica, Poland entered in the National Court Register under the numbers: National Court Register (KRS) number: 0000040919, Tax Identification Number (NIP): 5270206010 and National Business Registry Number (REGON): 012029885, which is the service provider, administrator/controller and owner of the Shop.
Sales is a Service consisting in selling the Products realised by the Seller to the benefit of the Customer without simultaneous presence of the parties (at a distance), by transferring data to the individual request of the Customer, submitted and received by means of the devices for electronic processing, including a digital compression, and storing data, which is in its whole provided, received or transmitted by means of the ICT network.
Contract is the contract on rendering the Service to the benefit of the Customer by the Seller.
Service is the service rendered by the Seller to the benefit of the Customer, on the basis of the Contract concluded between the parties, through the Shop, within a frame of the organised system of concluding distance contracts, without physical presence of both parties.
External Payment System is a system of on-line payments, used by the Seller.

§1 General Contractual Provisions

  1. The Seller on the basis of Art. 8 section 1 point 1 of the Act of 18th July 2002 on providing services by electronic means and Act of 30th May 2014 on Consumer's Rights establishes the Terms & Conditions, which is made available under the following Shop URL address: https://hefra.pl/en_GB/i/Terms-of-use/67
  2. The Seller renders the Services pursuant to the Terms & Conditions and generally applicable law provisions.
  3. The Seller makes available these Terms & Conditions on the Shop web site and in the registered office of the Seller.
  4. The Customers can at any time get an access to the Terms & Conditions, record, obtain and reproduce it by printing or saving it on the data storage medium.
  5. The information given on the Shop web site does not constitute an offer of the Seller in the meaning of the provisions of the Civil Code, and only an invitation to make offers in respect of concluding the Sales Contract.
  6. Rendering all Services is provided with an intermediary of the Shop web site within 24/7.

 §2 Terms of Use and Registration

  1. In order to use the Shop, it is necessary for the Customer to have at the disposal an ICT device with an access to the Internet, a correctly configured web browser in the latest upgraded or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Safari, or Opera, as well as an active and correctly configured e-mail account.
  2. Using the Shop is provided by reading its content.
  3. The creation of the Customer’s Account takes place by a voluntary Registration, which consists in fulfilling and sending the registration form of the Seller, that is available in the area of the Shop web site.
  4. Filling in of the registration form consists in completing all mandatory or possibly optional fields of the form, while using the true, complete, and related to the Customer, and in particular the Customer’s Contact Data.
  5. Prior to submitting the registration form, by ticking its proper field, the Customer should declare that he/she has read and understood the Terms & Conditions, and accepts its provisions.
  6. Prior to submitting the registration form, by ticking its proper field, the Customer can voluntarily declare that he/she agrees for processing their personal data provided in the registration form for the marketing purposes by the Seller.
  7. The declaration mentioned in the above paragraph covers a Customer’s confirmation that he/she has been informed about a content of this provisions: the indicated marketing purposes can include, in particular submitting the commercial information by the Seller using the Customer’s Contact Data. The confirmation mentioned in the above paragraph can be withdrawn at any time, and the Customer is entitled to an access to his/her personal data and its amending.
  8. Submitting the registration form consists in its sending to the Seller with an intermediary of the Shop, while using its proper functionality that can be found within the registration form.
  9. Managing the Customer’s orders takes place through the Customer’s Account.
  10. Using the Customer’s Account is possible after its creation, entering a proper login and password.
  11. In order to use the Customer’s Account, it is required to sign in while using the password.

§3 Rendering Free-of-Charge Services Within a Frame of the Shop

  1. The Seller renders the following free-of-charge Services to the benefit of the Customers:
    1. making available a contact form,
    2. making available an order form,
    3. making available the search engines,
    4. entering opinions about a Product,
    5. maintaining the Customer’s Account,
    6. Newsletter
    7. recommendation of a product,
    8. adding a Product to a wish list.
  2. The Contract on rendering the Service of making available the contact form is concluded for a definite period of time upon beginning of a usage of the contact form and is dissolved upon completing its usage or omitting to perform this act by the Customer. A subject of this Contract is making available the contact form, which is on the Shop web site, in order to make an offer to the Seller.
  3. The Contract on rendering the Service of making available the order form is concluded for a definite period of time upon beginning a usage of it and is dissolved upon completing its usage or omitting to perform this act by the Customer. A subject of this Contract is making available the order form in order to display a content of the www.youtube.com web site within the Shop area.
  4. The Contract on rendering the Service of making available the search engine is concluded for a definite period of time upon beginning of a usage of the search engine and is dissolved upon completing its usage or omitting to perform this act by the Customer. A scope of this Contract covers making available the search engines, which are on the Shop web site, in order to search the products or the other resources of the Shop web site when using the key words. The results of searching of the Products can be sorted or filtered, while using the functionalities of the Shop.
  5. The Contract on rendering the Service of entering an opinion is concluded for a definite period of time upon beginning to use the opinion form and is dissolved upon completing its usage or omitting to perform this act by the Customer. A subject of this Contract is making available the opinion form in order to enter the opinion. Furthermore, the Customer can enter the opinion or comment using the Customer’s account in the following social media: Facebook (https://facebook.com). The contract bans entering the illegal content, violating good practice, detrimental to the Seller’s interests or provisions of the Terms & Conditions and takes into account the Seller’s entitlement to moderate the entered opinions in case when they violate the provisions of the Terms & Conditions.
  6. The Contract on rendering the Service of maintaining the Customer’s Account is concluded for a definite period of time upon a Registration of the Customer’s Account. A subject of this Contract is making available a panel for managing the Customer’s orders.
  7. The Contract on rendering the service of making available the Newsletter is concluded for a definite period of time upon confirmation of its concluding by the Seller sent at the Customer’s e-mail address and is dissolved upon making a request to sign out from the subscription by the Customer. In order to cancel the Service, one should sign out from the subscription using a deactivation link, which is in the Newsletter message area. A subject of the Service consists in sending commercial information by the Seller at the Customer’s e-mail address.
  8. The Contract on rendering the service of recommendation of a product is concluded for a definite period of time upon beginning of a usage of the Product recommendation form and is dissolved upon completing its usage or omitting to perform this act by the Customer. A scope of this Contract includes making available the recommendation form, in order to submit information about a Product to the third party indicated by the Customer.
  9. The Contract on adding a product to a wish list is concluded for a definite period of time upon beginning of a usage of the add to a “wish list” option and is dissolved upon completing its usage or omitting to perform this act by the Customer. In order to conclude this Contract, it is required to sign in to the Customer’s Account. A subject of this Contract is making available an option, i.e. adding a product to the “wish list”, i.e. temporary recording of the Product in the Customer’s account memory.
  10. The Contract on rendering the free-of-charge Service can be dissolved by the Customer or the Seller without giving any reason and at any time, while using the functionalities included in the Terms & Conditions or by the e-mail message, submitted at the e-mail address listed in the Seller’s Contact Data or Customer’s Contact Data.

§4 Orders

  1. The Orders for the Products can be placed through the Shop web site within 7 days per week and 24 hours day and night, using the Basket function. After completing an order list of the Products, the Customers proceeds to a realisation of the order.
  2. After completing a list of the Product orders, in the Basket area, the Customer determines:
    1. manner of Delivering the Products, by a choice of a proper option of Delivery,
    2. payment method, by a choice of a proper payment option.
  3. In case, when the Customer is signed in as the owner of the Customer’s Account, he/she goes on to the next stage of placing the order.
  4. In case, when the Customer is not a signed in owner of the Customer’s Account, he/she chooses a manner of placing the order in the order form by using the button:
    1. “Register” while using the Customer’s account, which will be registered. Then the Customer provides the Registration of the Customer’s Account and moves on to the next stage of placing the order.
    2. “Make an order” while omitting a use of the Customer’s Account. Then the Customer proceeds to the next stage of making an order.
    3. “Sign in”, while using the possessed Customer’s Account. Then the Customer proceeds to the next stage of making an order.
  5. In the order form area, the Customer provides:
    1. information about a delivery, which include Delivery address,
    2. data needed in order to issue an invoice, of he/she is an entrepreneur.
  6. Placing the order is preceded by displaying within the order form, information about a total price amount for the concerned order together with the taxes and derivative amounts due, in particular the costs of the Delivery and payment.
  7. Placing the order can take place by using the “Purchase and Pay” field in the Basket and it is tantamount with filing an offer to conclude the Sales Contract related to the Products included in the order by the Customer to the Seller.
  8. Prior to submitting the order form, by ticking its proper field, the Customer should declare that he has read the Terms & Conditions and accepts their provisions.
  9. The placed order can be changed by the Customer until receiving information about shipping a consignment by the Seller.
  10. The change of the order can include its extension with the additional Products, a change of the Delivery address.
  11. The Seller shall immediately inform the Customer about impossibility to realise the order, in case of any circumstances from which it results. This information is provided via phone or electronic means, while using the Customer’s Contact Data. This information may include the following manners of modification the order:
    1. cancelling it in the part impossible to be realised, what results in recalculating a value of the order,
    2. making a division of the Products to be supplied for a part, which Delivery is possible and a part, which Delivery shall take place in the further deadline, what does not result in recalculating a value of the order,
    3. cancelling the order as the whole, what results in a relief of the value of the order.
  12. Confirmation of a receipt of the order is provided through submitting an e-mail message at the electronic address specified in the Customer’s Contact Data by the Seller. A confirmation of an acceptance of the order is tantamount with accepting an offer to conclude the Sales Contract filed by the Customer by the Seller.

 §5 Sales

  1. The Seller provides to the benefit of the Customers a Service consisting in the Sales of the Products, with an intermediary of the Shop.
  2. A subject of the Sales Contract includes a Seller’s obligation to transfer to the Customer an ownership of the Products and to release them, and a Customer’s obligation to collect the Products and pay an amount of the Price for the Products to the Seller.
  3. The Seller reserves a right to run the advertising campaigns, which consists in reducing a price for the Product to a specified deadline or until stocks of the promotional Products run out.
  4. While concluding the Sales Contract, the Seller undertakes to Deliver the free from defects Products to the Customer.
  5. The Sales Contract is concluded upon confirming an acceptance of the Customer’s order by the Seller.
  6. Releasing of the Products is provided immediately and usually within 2 Working Days.
  7. The release time of the products can be a subject of change in case of changing the order by the Customer.
  8. Releasing the Products is executed with an intermediary of the Carrier, at the address specified by the Customer.
  9. Releasing the Products takes place not earlier than after making a payment by the Customer.
  10. The Seller confirms releasing the products to the Carrier in order to Deliver them at the address specified by the Customer while placing the order, by submitting an e-mail message at the Customer’s e-mail address.
  11. A risk of accidental loss or damage of the goods is transferred to the Consumer upon its releasing to the Consumer.
  12. The delivered consignment should be examined by the Customer when the Carrier is present. In case of determining any damages to the consignment the Customer has a right to request drawing up an appropriate report.

§6 Additional services

  1. The Seller renders chargeable Services, which consist in silver engraving and renovation.
  2. Additional services are rendered on the basis of the separate Contracts concluded between the Seller and the Consumer.
  3. The enquiries for quotation with regard to the Service of silver engraving and renovation can be submitted via e-mail while using the Seller’s Contact Data or with an intermediary of the contact form, mentioned in §3 section 1 of the Terms & Conditions.
  4. In order to submit the electronic enquiry for quotation, the Customer should provide relevant information about a subject of the Service covered by the enquiry.
  5. Submitting the enquire for quotation via e-mail is executed by providing a written expression of the will in this subject by the Customer and is tantamount with submitting the enquire for quotation to the Seller by the Customer with regard to concluding the Contract on rendering Services covered by the enquiry for quotation.
  6. The enquire for quotation via e-mail is effective provided that the Customer’s Contact data is given, with an intermediary of which the Seller shall send an offer with regard to performing a Service covered by the enquiry for quotation to the Customer.
  7. The Seller draws up an offer on the basis of the Customer’s enquiry for quotation.
  8. The offer is usually drawn up within 5 Working Days from a date of receiving the enquiry for quotation, but not later than within 20 Working Days.
  9. A failure to draw up the offer within a deadline specified in par. 8 is deemed as a rejection of the enquiry for quotation by the Seller.
  10. The drawn-up offer is sent by the Seller at the e-mail address, entered in the Customer’s Contact Data.
  11. The offer includes the conditions of a realisation of the service covered by the enquiry for quotation. It is, in particular, information about a total aggregate price for the order including taxes, derivative costs, an order delivery date, as well as a content of the Contract on rendering the chosen Service.
  12. The offer is binding for the Seller within 14 days from a date of its sending to the Customer.

§7 Payments

  1. A value of payment due to the Sales is established on the basis of the Product pricelist, which is on the Seller web site upon ordering the Product. The Prices presented on the Shop web site next to the concerned Product are gross process expressed in EUR and they include a value of VAT (Value Added Tax), but they do not include any costs of a Delivery of the Product and a chosen method of payment.
  2. The costs of the transaction and the Delivery of the Product are borne by the Customer.
  3. A total amount of the order, visible in the Basket area prior to placing the order and after making a choice with regard to the Delivery of the Product and a payment, includes a price for the ordered Products together with the tax and all derivative costs, in particular costs of the Delivery and a transaction. The total price of the order is binding for the Seller and the Customer.
  4. The Shop enables the following methods of payment due to the rendered Sales Services:
    1. by a transfer to the Shop bank account,
    2. by a transfer or a credit card using the following External Payment System: PayU, handled by PayU S.A with a registered seat in Poznań (60-166), at 182 Grunwaldzka Street,
  5. The Seller reserves a possibility to limit the available payment methods for the Customers who have no registered Customer’s Account or in case of the orders, which include silver or engraved Products. Prior to making an order, the Customer is informed about the methods of payment, available with the concerned order.
  6. A payment deadline related to the receivables falls upon a moment of placing the order.
  7. A bill or VAT invoice related to the Sales Service are attached to the Products, which are a subject of releasing or submitted by e-mail at the Customer’s e-mail, at the Customer’s discretion.
  8. The Customer gives his/her consent to receive the electronic invoices.
  9. A refund of the payments by the Seller is executed immediately, not later than within 14 days from a date of an occurrence of a cause, in case:
    1. withdrawal from the Contract by the Consumer,
    2. resignation by the Customer from the order or a part of the order payed prior to its realisation,
    3. acceptance of a claim covered by a compliant report by the Seller in the whole or partially, on the basis of the generally applicable law provisions.
  10. A refund of the payment is executed using the same method of payment, as it has been used by the Customer in the primary transaction unless he/she gives a consent to the other solution, which is not connected with charging any costs towards him/her.
  11. The Seller is not obliged to refund the additional costs of the Delivery of the Products borne by the Customer, if the Customer has chosen the other manner of the Delivery of the Products than the cheapest ordinary manner of Delivering offered by the Seller.

§ 8 Complaints, implied warranties and warranties

  1. The complaints can be lodged by a traditional mail or e-mail at the address specified the Seller’s Contact Data.
  2. The complaints can be lodged, using a form, which specimen constitutes an appendix to the Terms & Conditions.
  3. A compliant report should include a description of the problem and Customer’s identification data.
  4. The Seller adjusts a compliant within 14 days from a day of its lodging. In a content of the filed compliant it is recommended to provide the Customer’s Contact Data, which will serve to give a response to the compliant and maintaining a correspondence connected with it.
  5. In case, when the compliant is related to the Product, in order to adjust the compliant by the Seller, the Customer should Deliver or submit the product that is a subject of the compliant to the Seller’s address.
  6. The compliant can be lodged due to an implied warranty for defects of the Products covered by the Sales Contract and the other Services.
  7. If the Product has a defect, the Customer may request a replacement of the Product for the product free of defects or eliminating of a defect. The Seller is obliged to replace the defective Product for the Product free of defects or eliminate a defect in the reasonable time without excessive inconveniences for the Customer.
  8. The Seller may reject providing a compensation related with the Customer’s request if leading the defective Product to a compliance with the Contract in a manner chosen by the Customer is impossible or in comparison with the second chosen manner of leading to a compliance with the Contract would require to bear the excessive costs.
  9. If the Customer is not the Consumer, the Seller may reject to replace the Product for the Product free from defects or eliminate a defect also when the compensation costs related to this obligation exceed a price of the sold Product.
  10. If the Product has a defect, the Customer may make a declaration about reducing the price or withdrawing from the Contract unless the Seller immediately and without any excessive inconveniences for the Customer replaces the defective Product or eliminates the defect. This limitation is not applied, when the Product has been already replaced or repaired by the Seller, or the Seller does not fulfil an obligation of replacing the Product free from defects or eliminating the defect. The Customer is not entitled to withdraw from the Contract, if the defect is minor.
  11. The Consumer can, instead of the elimination of a defect proposed by the Seller, request a replacement of the Product free from defects, or instead of a replacement of the Product, request elimination of the defect unless leading the Product to a compliance with the Contract in a manner chosen by the Consumer is impossible or it would require bearing excessive costs in comparison with the manner proposed by the Seller. While making an assumption related to the excessive costs it is considered a value of the Product free from defects, type and importance of the determined defect, as well as are taken into account inconveniences, to which the Customer would be exposed by the other manner of providing a relief.
  12. A reduced price determined in point 9 and 10 above, should be in such a proportion to the price resulting from the Contract, in which a value of the Product with a defect is to a value of the Product free from defect.
  13. The Consumer has a possibility to use the following extrajudicial manners of admitting the complaints and claiming compensations:
    1. filing an application to settle a dispute resulting from the concluded Sales Contract to the permanent Consumer's Arbitration Court operating at the Commercial Inspection,
    2. filing an application to initiate mediation proceedings related to settle amicably a dispute between the Consumer, and the Seller to the Voivodship Inspector of Commercial Inspectorate,
    3. using an assistance of the municipal and district consumer ombudsmen or a social organisation, which statutory tasks include protection of the consumers,
    4. filing a claim through an European Commission Online Dispute Resolution platform(ODR platform), available at the address: http://ec.europa.eu/consumers/odr/.
  14. The Products can be covered by the manufacturer or distributor warranty. In such a case, the Customer is entitled to lodging complaints related to the Product while exercising the entitlements resulting from the warranty, by lodging a complaint at the warrantor. Lodging a complaint to the warrantor can be executed through the Seller or directly to the warrantor.
  15. The Customer can exercise his/her entitlements due to the implied warranty for the physical defects of the goods regardless of the entitlements resulting from the warranty.

§ 9 Withdrawal from a Contract

  1. The Consumer may, without giving any reason, withdraw from the Contract on rendering the Service within 30 days, in that from the Sales Contract, subject to the standards specified in a content of the instruction related to a withdrawal from the Contract, which constitutes an appendix to the Terms & Conditions, published in the Shop web site.
  2. The Consumer is not entitled to a right of withdrawal from the Contract, inter alia, with regard to the Sales Contract:
  1. if the Seller has executed fully the service with an expressive consent of the Customer, who has been informed before beginning its rendering that after realising this Service by the Seller, he/she will lose his/her right to withdraw from the Contract,
  2. in which a subject of the service is a non-prefabricated good, manufactured according to the specification of the Consumer or serving to fulfil his/her customised needs,
  1. The Consumer can withdraw from the Sales Contract, filing a declaration about withdrawing from the Contract to the Seller. The declaration can be filed using a form, which specimen constitutes an appendix to the Terms & Conditions, published in the area of the Shop web site.
  2. In case of receiving by electronic means a declaration about a withdrawal from the Sales Contract made by the Consumer, the Seller shall immediately submit a confirmation of its receiving to the Customer.
  3. Immediately, however not later than within 14 days from a date, on which the Consumer has withdrawn from the Sales Contract, he/she is obliged to return the Product to the Seller or submit it to a person authorised by the Seller. In order to observe a deadline, it is sufficient to send back the Product before its expiration. This provision is not applicable in case when the Seller has proposed to collect the Product by itself.
  4. The Seller undertakes to collect the Product at its own cost, when due to its nature it is impossible to send back the Product by an ordinary manner by mail, and simultaneously the Product has been delivered to the Consumer to the place, in which he/she has resided at the moment when the Sales Contract has been concluded.
  5. The Consumer is responsible and liable for reduction a value of the Product resulting from a usage by his/her in a manner exceeding a necessary one in order to determine a nature, properties and functioning of the Product.
  6. In case of withdrawal from the Sales Contract, it is considered as non-concluded. If the Consumer had filed a declaration about a withdrawal from the Sales Contract before the Seller has accepted his offer, the offer ceases to be binding.
  7. Information with regard to using a right to withdraw from the Contract is in the instruction about a withdrawal from the Contract, which constitutes an appendix to the Terms & Conditions, published in the area of the Shop.

 §10 Supplementary provisions

  1. Any and all trademarks, graphic elements and photos published on the Shop web site in order to present the Products are a subject of copyrights of their owners.
  2. The Internet domain of the shop, its logotypes, name and Terms & Conditions are a subject of copyright and legal protection.
  3. The Customer acknowledges that it is forbidden to deliver illegal content by the Customer.
  4. The Seller undertakes to make duly efforts in order to enable a correct functioning of the Shop and to provide an assistance in solving technical problems connected with its operating.
  5. The Seller undertakes to execute activities leading to a protection of data contained in the Customer’s Account against an authorised access and use.
  6. The Seller is not responsible and liable for the damages resulting from the breaches of these Terms & Conditions made by the Customers, and moreover with regard to the Customers who are not the Consumers for:
    1. breaks in the correct functioning of the Shop and improper performance of the Services, resulted from an act of force majeure, technical operations or a reason attributable to the entities with an intermediary of which the Shop renders the Services,
    2. lost gains.

§11 Data processing

  1. The Seller can collect information, in order to store it locally on the Customer’s device, using a memory mechanism of the web browser with a usage of cookie files.
  2. Personal data of the Shop users are processed on the basis of a consent of the individuals, to whom this data is related or when it is necessary to take actions before concluding the Contract at the request of the person, to whom the data is related.
  3. Personal data is collected in order to render the Services by the Shop. The persons whose data have been collected are entitled to have a right to get an access to a content of their data, amend it and file a written justified request to withhold its processing, as well as to file an opposition against it.
  4. The terms of processing cookie files have been regulated in the document entitled “Privacy and Cookie Files Policy”, published in the area of the Shop.
  5. While conceding the Contract on rendering the Service, the Consumer voluntarily authorises the Seller to submit information connected with the Contracts and their performance, as well as commercial information in case of giving a separate consent to it, to the Customer’s Contact Data.
  6. The Customer, who is not the Consumer is obliged to inform the Seller about any amendments rated to the Customer’s Contact Data, or otherwise its use in deliveries shall be deemed effective.

§12 Amendment of the Terms & Conditions

  1. An amendment of the Terms & Conditions can be introduced due to any amendment of the law provision in respect of services realised by the Seller, as well as technical or organisational changes with regard to the services realised by the Seller.
  1. An amendment of the Terms & Conditions is made by a publication of its new wording on the Shop web site, after a prior notification about this fact.
  2. Information about an amendment of the Terms & Conditions is placed in the area of the Shop web site not later than within 10 days prior to a date of its effective date.
  3. The Seller submits information about an amendment of the Terms & Conditions to the Customer’s Contact Data, and in case when the parties are bound by the Contract for an indefinite period of time.

 §13 Final provisions

  1. All capitalized terms have a meaning according to the explanations provided in the “Definitions’ part.
  2. The provisions of the Terms & Conditions are not aimed at excluding or limiting the rights of the Customer, who is not the Consumer, resulting from the generally applicable law provisions.
  3. To all matters not settled by the provisions of the Terms & Conditions shall be applied the generally applicable law provisions.
  4. These Terms & Conditions become effective within 10 days from a date of their publication on the Shop web site.

 


 

INFORMATION RELATED TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

INSTRUCTION RELATED TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The Consumers have a right to withdraw from this contract within 14 days without giving any reason, subject to the cases specified in the part “waiver of a right of withdrawal from the contract”. A deadline of withdrawal from the contract expires after 14 days after a date:

  1. on which You have come into possession of a good or on which the third person, other than a carrier and indicated by You has come into possession of the ownership right to the good – in case of the contract that obliges to transfer ownership of many properties (e.g. sales contract, supply contract or contract for specific work that is movable goods),
  2. on which You have come into possession of the last good or on which the third person, other than a carrier and indicated by You has come into possession of the ownership right to the last good – in case of the contract that obliges to transfer ownership of many goods that are supplied independently,
  3. on which You have come into possession of the last batch or on which the third person, other than a carrier and indicated by You has come into possession of the ownership right to the last batch or part – in case of the contract that obliges to transfer ownership of properties that are supplied in batches or partially,
  4. on which You have come into possession of the first good or on which the third person, other than a carrier and indicated by You has come into possession of the first of the goods – in case of the contracts on supplying the goods on a regular basis for a definite time.

In order to observe a deadline of withdrawal from the contract, it is sufficient, to submit information related to the right to withdraw from the contract to which You are entitled before an expiration of the deadline of withdrawal from the contract.

In order to use the right of withdrawal from the contract, You must inform us, i.e. Warszawska Fabryka Platerów Hefra S.A. (Warszawska Fabryka Platerów Hefra JSC), 8 Żeglarska Street, 59-220 Legnica, Poland, about your decision about the withdrawal from this contract by providing an unequivocal declaration (for example, a letter submitted by mail or electronic mail to the following e-mail address: bok@hefra.pl).

You can use a specimen of the form of withdrawal from the contract, however it is not mandatory.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

In case of withdrawal from this contract we refund all the payments obtained from You, in that the costs of delivering the good (excluding the additional costs resulting from the chosen by You manner of delivering other than the cheapest ordinary manner of delivering offered by us), immediately, and in each case not later than within 14 days from a date, on which we are informed about Your decision about the right of withdrawal from this contract. We will execute a refund of the payments you have made to the benefit of us using the same methods of payment as You have used by You in the primary transaction unless You have expressly agreed to the other solutions; in each case You will not be charged any fees related to this return. We may withhold with providing the refund of the payment until we receive the good or an evidence of shipping it to us, depending on whichever event occurs first.

If You have received the good with regard to the contract please send or submit, immediately  and in any event not later than within 14 days from a data, on which You have informed us about withdrawing from this contract, the concerned property to as at the following address: Warszawska Fabryka Platerów Hefra S.A. (Warszawska Fabryka Platerów Hefra JSC), 8 Żeglarska Street, 59-220 Legnica, Poland. The deadline is observed if You send back the property before an expiration of 14-day deadline.

We inform that You will have to pay the direct costs of a return of the good. If due to its nature, the good cannot be shipped back in the ordinary manner via mail, You will have to bear the direct costs of the goods return. An amount of this costs is estimated maximum to the amount approximately of 50 EUR.

You are responsible and liable only for a decrease of a value of the property resulting from using it in the manner other as it has been necessary to determine the nature, features and functioning of the property.

WAIVER OF THE RIGHT TO WITHDRAW FROM THE CONTRACT

The consumer is not entitled to the right of withdrawal from the contract concluded away from the business premises of the enterprise or related to the distant contract with regard to the following contracts:

  1. on rendering services, if the entrepreneur has executed fully the service with an expressive consent of the customer, who has been informed before initiating its rendering that after realising this service by the entrepreneur, he will lose his right to withdraw from the contract;
  2. in which the price or remuneration depends on the fluctuations on the financial market that are beyond a control of the entrepreneur, and which can occur before an expiration of a deadline to withdraw from the contract;
  3. in which a subject of the service is a non-prefabricated good, manufactured according to the specification of the consumer or serving to fulfil his/her customised needs;
  4. in which a subject of the service is a good of quick deterioration or with a short shelf life;
  5. in which a subject of the service is a good delivered in the sealed package, which after opening this package cannot be returned due to the health protection or hygienic considerations, if the package has been opened after delivering it;
  6. in which a subject of the service are the goods that after the delivery, due to their nature, become inseparably connected with the other goods;
  7. in which a subject of the service are the alcoholic beverages, which price has been agreed after concluding the sales contract, and which delivery may take place after 30 days and which value depends on the fluctuations on the financial market that are beyond a control of the entrepreneur;
  8. in which the consumer expressly requested that the entrepreneur will come to him in order to make an urgent repair or preventive maintenance; if the entrepreneur renders additionally the other services than those requested by the entrepreneur, or delivers the goods than spare parts necessary to execute the repair or preventive maintenance, the customer is entitled to the right of withdrawal from the contract with regard to the additional services or goods;
  9. in which a subject of the service are audio or visual records, or software delivered in the sealed package, if their package has been opened after the delivery;
  10. on delivering journals, periodicals or magazines, excluding a contract on subscription;
  11. concluded as a sales by public auction;
  12. on rendering services within a scope of accommodation, other than for the residential purposes, goods carriage, car rental, gastronomy, services related to leisure, entertainment, sport or cultural events, if a day or a period of rendering the services has been determined in the contract;
  13. on delivering digital content, which is not recorded on the material data storage carrier, if rendering a service has been initiated with an expressive consent of the consumer before an expiration of a deadline to withdraw from the contract and after notifying him/her by the entrepreneur about a loss of the right of withdrawal from the contract.

 


 

CONTRACT WITHDRAWAL FORM

(the form shall be filled in and sent only when you wish to withdraw from the Contract)

- The Recipient: Warszawska Fabryka Platerów Hefra S.A., ul. Żeglarska 8, 59-220 Legnica

- hereby I/ we (*) represent that I/we (*) withdraw from the Contract to perform the following service:

- Date of concluding the Contract:

- Name and surname of the Consumer(s)

-  Address of the Consumer(s)

- Signature of the Consumer(s) (only if the form is sent in a paper version)

- Date

(*) Delete as appropriate.


 

COMPLAINT FORM

(this form can be filled out and submitted when You want to lodge a claim due to statutory warranty)

 

 

Addressee: Warszawska Fabryka Platerów Hefra S.A., ul. Żeglarska 8, 59-220 Legnica

First name and surname or name of the Customer:

Address of the Customer: 

Phone number of the Customer:  

E-mail of the Customer:  

As contact data for providing a response to the lodged complaint and handling a related correspondence I hereby indicate:

  • mailing address *,
  • e-mail address*.

 

(*) Delete as appropriate.

 

The compliant relates to:

  • Sales Contract of (date)
  • Related to the following Product:
  • Contract on rendering the other Service:
  • The other:

 

Date of determining the compliant reason: 

Description of the problem:

 

Claim request:

  • eliminating a defect of the Product or Service *
  • replacement for the Product free from defects *
  • reducing a price of the Product *
  • withdrawal from the Contract *

 

(*) Delete as appropriate.

 

The Customer acknowledges that:

The Products can be covered by the Manufacturer or distributor warranty. In this case, the Customer is entitled to lodge a complaint related to the Product using the entitlements resulting from the warranty, by lodging a compliant to the warrantor.  Lodging the compliant to the warrantor can be made with an intermediary of the Seller or directly to the warrantor. The Customer can exercise the entitlements in respect of the statutory warranty for physical defects of the Product regardless of the entitlements resulting from the warranty.

While lodging the compliant, the Customer agrees for processing the personal data by the addressee in order to adjust the compliant and handle the related correspondence. This consent can be withdrawn at any moment, and the Customer is entitled to a right to get an access to the personal data and to amend it.

                                                                                                                              

    Signature of the Complainant

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