TERMS AND CONDITIONS OF ONLINE STORE
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
- The Terms and Conditions determine the rules and conditions for the provision of services by electronic means, including use of the Store and the rights, obligations and liability requirements of the Seller and the Customer. These Terms and Conditions also include information which the Seller is required to share with the Consumer under the provisions in force, including the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017.683 as amended).
- Each Customer is advised to read the Terms and Conditions.
- The Terms and Conditions are available in Store’s website and they are available free of charge before the conclusion of the contract. At Customer’s request, the Terms and Conditions are also made available in such a way that makes it easy to acquire, display and save its content using Customer’s computerised system (e.g. via e-mail).
- Basic definitions:
1) Terms and Conditions: Terms and Conditions of Online Store;
- The Seller or the Service Provider: HPL SYSTEM LTD. 7 Kings Avenue,
M8 5AS Manchester, Great Britain. Company Number 12235106.
3) Customer or Service Recipient: a natural person who is over 18 years of age and has full legal capacity, legal person and organizational unit without legal personality, but which may on its own behalf acquire rights and draw liabilities, who will establish a legal relationship with the Seller in respect of Store’s activities. The Customer is also a Consumer, if separate provisions in relation to the Consumer are not in place;
4) The Consumer: The Customer who is a natural person undertaking a legal action (purchase) with the Seller, that is not directly related to trade or professional activities;
5) Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017.1219, as amended), provided electronically by the Service Provider to the Customer through the Service;
6) Store or Online Store, or Service: Electronic Service, Online Store run by the Seller at http://hpl24.co.uk under which a Customer concludes a contract of sale at a distance, parties are notified of the sale by electronic mail generated automatically and the execution of the contract (in particular delivery of Goods) takes place outside the Internet;
7) Account - Electronic Service marked with an individual name (login) and password given by the Customer, collection of resources in Service Provider’s computerised system which collects the data provided by the Customer and information about activities within the Store;
8) Goods or Product - the goods sold in the Store listed in Seller’s offer;
9) Contract - contract at a distance concerning the purchase of Goods concluded as a result of Customer Order in the Store and its adoption by the Seller;
10) Form - a script which provides means of electronic communication to place an Order in the Store or to perform other operations in the Store;
11) Order - disposition of purchase of Goods placed by the Customer using means of communication;
12) Newsletter - Electronic Service, electronic distribution service provided by a Service Provider via e-mail which allows all Customers using it to automatically receive cyclical messages (newsletters) from the Service Provider with Service information, including news or promotions in the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
- Seller’s data for contact with the Customer: 7 Kings Avenue,
M8 5AS Manchester, electronic mail address firstname.lastname@example.org, phone number +44 203 807 7518.
- The Seller provides the following types of Electronic Services:
1) Online Store,
3) Opinions (commenting),
- The Seller provides Electronic Services in accordance with the Terms and Conditions.
- A technical condition to use the Store is to own a computer or other equipment enabling Internet browsing, relevant software (including web browser), Internet access and the current and active email account.
- Sharing unlawful content by the Client is prohibited.
- Use of the Store may be associated with the threats that are typical for Internet use, spam, viruses, and hacking attacks. The Seller shall take actions to prevent the threats. The Seller indicates that the public nature of the Internet and the use of the services provided by electronic means may involve the risk of obtaining or modifying Customer data by unauthorised persons and therefore Customers should apply appropriate technical measures that will minimise the above mentioned risks, including antivirus programs and protecting the identity of Internet users.
- The conclusion of the Contract for the provision of Electronic Services takes place through the Store online. The Customer may at any time terminate the use of Electronic Services by leaving the Store or by removing the Customer account. In this case, the contract for the provision of Electronic Services shall be terminated automatically without the need for additional statements by the parties.
- It is not possible to use the Store anonymously or to use a nickname.
CHAPTER 3. PERSONAL DATA
- The Seller shall process the personal data shared by the Customer in accordance with the applicable law, also in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free transfer of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (Journal of Laws L 119, 4.5.2016, hereinafter referred to as: the “Regulation”). In particular:
1) The Seller shall provide that these data are:
a) processed in accordance with the law, fairly and in a transparent manner for Customers and other persons whom the data concern;
b) collected for specific, explicit and legitimate purposes and that they are not further processed in a way that does not conform to those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
d) correct and if necessary updated;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed;
f) processed in such a way as to ensure adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, using relevant technical or organizational measures;
2) the Seller shall apply appropriate technical and organizational measures to ensure the protection of personal data processed appropriate to the nature, extent, context and purposes of the processing and the risk of a breach of the rights or freedoms of individuals;
3) the Seller shall provide access to personal data and exercise of other rights of Customers and other persons whom the data concern in accordance with the law.
2. The grounds for personal data processing is Customers’ agreement or existence of other grounds entitling to the processing of personal data under the Regulation.
3. The Seller shall guarantee implementation of the rights of persons whose personal data are processed under the relevant regulations, including:
1) the right to withdraw consent on the processing of personal data;
2) the right to information on their personal data;
3) the right to control the processing of data, including their amendment, update, straightening, removal;
4) the right to object to the processing or to restrict the processing;
5) the right to make a complaint to the supervisory authority and to use other legal means to protect their rights.
4. A person with access to personal data shall process them solely on the basis of Seller’s authority or the contract to entrust the processing of personal data and only at the request of the Seller.
5. The Seller ensures that it shall not share personal information with entities other than those authorised under relevant provisions of the law, unless it is required by the law of the European Union or the Polish law.
CHAPTER 4. ADDITIONAL INFORMATION
- 1 Account.
- Account registration in Store’s website is free and requires the following actions: The Customer must complete the registration form by specifying the data and submitting the statement on the acceptance of the Terms and Conditions, processing of personal data and transfer of commercial information. Electronic mail address provided by the Customer in the Account registration process will receive a link allowing to verify the Account. Logging in to the Account involves providing a login and password set by the Customer. The password is confidential and must not be shared with anyone else.
- The Account allows the Customer to introduce or modify the data, to place and check Orders and review Order history.
- The Account Electronic Service is provided free of charge for an indefinite time.
- The Customer may at any time give up on the Account in the Store by sending appropriate request to the Seller electronically to: email@example.com or in writing to Seller’s address: 7 Kings Avenue, M8 5AS Manchester.
- 2. Newsletter
- The Newsletter service is to provide the Customer with ordered information.
- Use of the Newsletter does not require registration of the Account by the Customer, but it requires an email address and a statement on the approval of the Terms and Conditions, processing of personal data and on commercial communication.
- Customer will receive a link to their e-mail confirming their subscription to the Newsletter.
- The Newsletter Electronic Service is provided free of charge for an indefinite time.
- The Customer may at any time give up on the Newsletter by sending appropriate request to the Seller electronically to: firstname.lastname@example.org or in writing to Seller’s address: 7 Kings Avenue, M8 5AS Manchester.
- 3. Opinions
- The Seller allows the Customers to post individual and subjective comments (opinions) on Store’s page, in particular concerning the Goods.
- The Service is provided free of charge for an indefinite time.
- The use of the service is possible anonymously.
- The Seller may take advantage of the opinion for content shared in the Service.
CHAPTER 5. SALE
- 1. Goods
- All Products offered in the Store are new and have no defects.
- A detailed description of the Goods is available in Store’s website.
- The Goods may be provided with a guarantee or after sales service. Detailed information in this field is provided in the description of the Goods.
- 2. Orders and their execution
- The order may be placed by completing the Form available at the store.
- Orders can be placed after you register your Account at the Store or without Account registration (guest purchases).
- The Customer shall carefully fill in the Form providing all the data in accordance with the facts and specifying the selected method of payment and delivery.
- In the Form, the Customer shall specify the data and submit the statement on the acceptance of the Terms and Conditions, processing of personal data and commercial communication.
- Orders can be placed at the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays shall be considered on the next business day.
- The confirmation that the order has been placed is made by the Customer by selecting the button (field) marked with “order with the obligation to pay”. The Seller will send Order confirmation to the e-mail address indicated by the Customer.
- The delivery time (from the day Goods were shipped) is up to 31 working days.
- 3. Payment
- All prices of Goods listed in the Store are gross prices in PLN (prices include VAT). The Price of Goods does not take into account the costs referred to in point 2 below. The Price of Goods given at the time the Customer Order is placed is binding for both parties.
- The costs related to the delivery of Goods (e.g. transport, delivery, postal service) and any other costs shall be borne by the Customer. The amount of these costs may depend on Customer’s choice of method of Goods delivery. Information on the amounts of these costs shall be given during Order placement.
- The Customer can choose the method of payment:
- Traditional transfer - payment
- For each product sold, the Store shall issue proof of purchase that shall be served to the Customer, unless the provisions of existing law require service.
- The Customer shall be obliged to make the payment within fourteen days of the date of conclusion of the contract of sale. If within that period the Customer fails to make the payment, then - under Article 491 § 1 of the Civil Code (Journal of Laws 2017.459 i.e. as amended) - The Seller shall designate additional time for payment and after its unsuccessfully expiry, it shall be entitled to withdraw from the contract. If the Customer declares that they shall not meet the obligation, the Seller may terminate the contract without having to designate additional deadline, also before the time limit to perform the obligation commences.
- 4. Delivery
- The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
- The product shall be delivered using courier services or through the postal operator according to Customer’s choice. The package sent through the postal operator should be delivered within 7 working days from the date of dispatch of the Goods and by courier - within 7 working days from the date of dispatch of the Goods.
- The Customer may personally collect the Goods at 7 Kings Avenue, M8 5AS Manchester.
- Together with the Goods, the Seller shall provide the Customer with all of the elements of its equipment and instructions of use and maintenance and other documents required by the provisions of existing law.
- The Seller indicates that:
1) upon the issue of the Goods to the Customer or the carrier, all the benefits and burdens associated with the Goods and the risk of accidental loss or damage to Goods shall be passed to the Customer. In the case of sale to the Consumer, the risk of accidental loss or damage to the Goods shall be passed on to the Consumer at the time the Goods are delivered to the Consumer. The issue of Goods shall mean its assignment by the Seller to the carrier, if the Seller did not have an effect on the choice of the carrier by the Consumer,
2) the reception of the consignment of Goods by the Customer without reservation shall forfeit claims in respect of loss of or damage to the carriage unless:
- a) the damage was officially recorded before the reception of the consignment;
- b) such a determination has been withdrawn due to carrier’s fault;
- c) the loss or damage resulted from the wilful misconduct or gross negligence of the carrier;
- d) the beneficiary found the damage that was impossible to notice from the outside upon reception of the consignment and within 3 days requested determination of its status and proved that the damage occurred in the period between the adoption of the consignment to the carriage and its delivery.
- 5. Additional information for the Consumer
- The contract is not concluded for an indefinite period and will not be subject to automatic renewal.
- The minimum duration of Consumer’s obligations under the Contract is the time of the implementation of the Contract, i.e. of payment and reception of the Goods.
- Consumer’s use of the Store does not entail responsibility of making a deposit or granting other financial guarantees.
- The Seller is not under the obligation and shall not apply the code of good practice referred to in Article 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws of 2016.3 as amended).
CHAPTER 6. RESPONSIBILITY
- Responsibility for warranties is excluded in legal relations with Customers.
- The Seller is liable to the Consumer, if the Goods have physical or legal defects (warranty) on the principles set out in the provisions of the Civil Code (Journal of Laws of 2017.459 as amended) and the Law of 30 May 2014 on consumers’ rights (Journal of Laws 2017.683 as amended), including the following principles:
1) physical defect means that the Goods do not conform with the contract. In particular, the Goods do not conform with the contract if:
- a) the Goods do not have characteristics that a thing of this kind should have due to the objective marked in the contract or resulting from circumstances or destination;
- b) the Goods do not have properties assured by the Seller;
- c) the Goods are not suitable for the purpose indicated by the Consumer during conclusion of the contract and the Seller did not raise objections to such destination;
- d) the Goods have been issued to the Consumer in an incomplete state.
2) the Goods have legal defects, if they are the property of a third party or if they are burdened with third party right and if the restriction on the use or disposal of the Goods results from the decision or judgement of the competent authority; in the event of sale of the right, the Seller shall also be responsible for the existence of the right;
3) the Seller is liable for warranties for physical defects that existed at the time of the transition of risk to the Consumer or resulting from causes embodied in the Goods at the same time.
4) the Seller is released from the responsibility of warranties, if the Consumer knows about the defect at the time of conclusion of the contract;
5) if a physical defect has been detected before the end of the year from the date of issue of the Goods, it shall be presumed that the defect or its cause existed at the time of the transition of the risk to the Consumer;
6) the Seller shall be liable for warranties, if a physical defect is detected before the expiry of two years from the date of issue of the Goods to the Consumer and if the Goods purchased by the Consumer are movable, the Seller shall be liable for warranties, if a physical defect is detected before the expiry of one year from the date of issue of the Goods;
7) Consumer rights from warranties are:
- a) request to reduce a price for Goods or withdrawal from the contract unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective thing with one that is free from defects or removes the defect;
- b) instead of proposed defect removal by the Seller, the Consumer may request a replacement of the Goods with ones that are free from defects or instead of replacement, they may require removal of defects, unless it is not possible to make the Goods to conform with the contract in a way that was chosen by the Consumer or it would involve excessive costs in comparison with the way proposed by the Seller. When assessing excessive level of costs, the Seller takes into account the value of goods free from defects, the nature and significance of defects found and the inconvenience which other way of meeting would entail for the Consumer;
8) the Consumer who shall exercise the rights arising from warranties shall be required at the expense of the Seller to provide the defective thing to the location marked in the contract and if such location has not been specified in the contract - to a place where the thing was delivered to them.
CHAPTER 7. COMPLAINTS HANDLING PROCEDURE
- The Customer should submit their claims to the Seller in writing to the following address: 7 Kings Avenue, M8 5AS Manchester. The Customer can use the formula claim available in Store, but this is not a requirement for claim consideration.
- In the event when a consignment of Goods is found compromised, has suffered loss or damage, the Customer shall immediately (not later than within 7 days of delivery) file a complaint to the Seller. Such action will enable redress from the carrier. It is not a requirement for consideration of the claim.
- The complaint should contain a detailed description of the problem and Customer request, possibly also photographic evidence.
- The Seller shall undertake to examine a complaint within thirty days. If the Seller does not respond to Consumer’s complaints within 14 days, it shall be considered reasonable.
- If the claim is accepted, the Seller shall take the appropriate action.
- You can use extra-judicial means of handling complaints and redress in legal relations with Consumers, including:
1) the possibility of resolving disputes electronically using the ODR platform (online dispute resolution), available at http://ec.europa.eu/consumers/odr/;
2) the possibility of an amicable settlement before the common court or arbitration court or other authorities;
3) the possibility to conduct a mediation procedure with the participation of an independent mediator.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
- Withdrawal from the Contract by the Seller or the Customer may take place on the principles set out in the provisions of the Civil Code (Journal of Laws 2017.459 as amended).
- The Consumer shall have the right to withdraw from the Contract within 14 days of the date of receipt of the Goods.
- Information about the withdrawal from the Contract by the Consumer is contained in the instruction on the right to withdraw available in Store’s website.
- The Consumer shall not be entitled to the right of withdrawal in relation to certain contracts, i.e.:
- for the supply of services where the Seller has performed the full service with the express consent of the Consumer that has been informed prior to the commencement of the service that once the Seller provides the service, the Consumer shall lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market that the Seller has no control over and which may appear before the expiry of the period of withdrawal from the Contract;
- in which the Goods are a non-prefabricated thing, manufactured according to Consumer’s specifications or to meet their individualized needs;
- in which the Goods are a thing subject to rapid deterioration or have short expiry term;
- in which the Goods are supplied in a sealed package which after opening cannot be returned for health reasons or for hygienic reasons, if the packaging is opened upon delivery;
- in which the Goods are things that after delivery, due to their nature, are inseparably connected with other things;
- in which the Goods are alcoholic beverages, the price of which was agreed at the beginning of the Contract and whose provision may occur only after the expiry of 30 days and whose value depends on fluctuations in the market that the Seller has no control over;
- in which the Consumer has expressly asked the Seller to come to them for urgent repair or maintenance; if the Seller also provides services other than those which the Consumer has requested for or provides goods other than spare parts required to carry out the repairs or maintenance, the Consumer shall have the right to withdraw from the Contract in relation to the additional services or goods;
- in which the Goods are sound or visual records or computer programs delivered in a sealed package if the package is opened after delivery;
- the delivery of dailies, periodicals and magazines, with the exception of a subscription contract;
- concluded during public auction;
- for the provision of accommodation, other than for the purposes of residential nature, carriage of goods, rental cars, catering services, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service;
- for the provision of digital content that is not stored on a material medium if the provision of service began with the express consent of the Consumer before the expiry of the period of withdrawal from the contract and after the Seller informs the Consumer of the loss of the right to withdraw from the contract.
CHAPTER 9. INTELLECTUAL PROPERTY
- The rights to the Service and content contained in it belong to the Seller.
- The web page address of the Store and the content of http://hpl24.co.uk web page are subject to copyright and are protected by copyright and intellectual property law.
- All logos, custom names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks etc. are registered trademarks and belong to the Seller, the producer or distributor of Goods. Downloading, copying, modification, reproduction, transmission, or distribution of any content from http://hpl24.co.uk without the permission of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS
- In matters not regulated by the Terms and Conditions in legal relations with Customers or Consumers, the relevant provisions of existing law shall apply.
- Any derogation from the Terms and Conditions shall be made in writing under pain of nullity.
- The court that is competent to settle disputes between the Seller and the Customer shall be the court having jurisdiction over Seller’s registered office. The court that is competent to settle disputes between the Seller and the Consumer shall be the court that is competent under the general rules (Court of the place of residence of the defendant) or other more convenient for the Consumer (under Art. 31-37 of the Civil Code).
INSTRUCTION REGARDING THE RIGHT TO WITHDRAW FROM THE CONTRACT
concerns the Consumer
You have the right to withdraw from the contract within 14 days without giving any reason.
The deadline to withdraw from the contract shall end on the expiry of 14 days from the date on which you entered into a possession of the Goods or on which the third party other than the carrier and indicated by you entered into possession of the thing.
In order to exercise the right to withdraw from the contract, you must inform us of your decision to withdraw from this contract by means of unambiguous statement (for example via a letter sent by mail̨, fax or e-mail̨). Below you will find our contact details:
HPL SYSTEM LTD. ……
(Full name, Seller’s name)
7 Kings Avenue, M8 5AS Manchester
(Seller’s e-mail address)
+44 203 807 7518…………………
(Seller’s tel. no.)
You can use the template form to withdraw from the contract, but this is not obligatory.
To keep the deadline to withdraw from the contract, simply send the information on exercising a right to withdraw from the contract before the expiry of the period of withdrawal.
Effects of withdrawal from the contract: in the case of withdrawal, you shall have all the payment you made reimbursed, including the costs of shipment (except for additional costs arising from a delivery method that you selected other than the cheapest delivery method offered by us), immediately and in each case no later than fourteen days since the day we were informed of your decision to exercise the right to withdraw from the contract. We shall reimburse your payment in the same way the original transaction was made, unless you clearly indicate another solution; in any case, you shall be burdened with no charges in relation to that repayment. We may suspend the reimbursement by the time of receipt of the Goods or by the time we receive a proof of its dispatch, depending on which event occurs earlier.
Please send or give us back the thing immediately and in any event not later than 14 days from the date on which you informed us of the withdrawal from this contract. The term is considered to be kept if you send the thing before the expiry of 14 days.
We shall bear the cost for the return of the thing/ You will have to bear the direct cost of returning the goods. The amount of these costs is estimated for a maximum amount of approximately £5,95.
You shall only be responsible for a reduction in the value of the thing resulting from its use in a different way than was necessary to determine the nature, characteristics and functioning of the thing.
CONTRACT WITHDRAWAL TEMPLATE
concerns the Consumer
NOTE: fill in this form and send it only if you want to withdraw from the contract
(Customer address for correspondence)
(Contact phone number)
(Full name, Seller’s name)
(Seller’s e-mail address)
WITHDRAWAL FROM THE CONTRACT AT A DISTANCE
I declare that I am withdrawing from the contract of sale at a distance, concluded on ………………………………………… for the purchase of the following goods:
- ………………………………………………………………………………… for the price of ……………………………………………….,
- ………………………………………………………………………………… for the price of ……………………………………………….,
- ………………………………………………………………………………… for the price of ………………………………………………..
Issue/reception of the Goods took place on …………………………………………………..
In view of the above, I declare that I shall return the Goods immediately and not later than within fourteen days.
Below I am indicating the data for the return of the price of goods that should be executed as soon as possible and not later than within fourteen days.
(Name and signature of the Customer,
if the form is being sent in paper form)
 Cross out where inapplicable.
It is also mandatory to inform customers of the entity commissioned with processing of customer data, their scope and intended date of transfer, if you concluded contract on assignment for the processing of data with this entity. This concerns e.g. hosting providers, couriers (unless they are entered on the list of postal operators), accountants etc. This information need not be included in the Terms and Conditions. The only requirement is that they are constantly and easily accessible using the computerised system. Alternatively, the information may be included in addition to the Terms and Conditions (e.g. in a different location on the page), but it must be easily accessible to customers.
Cross out where inapplicable. In the event of selection of the second sentence, the Seller shall indicate the amount.