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TERMS AND CONDITIONS

§1 Definitions


    1. Registered address - the name and surname, or name of company/institution, location within a municipality (in the case of a municipality divided into streets: street name, property number, flat/premises number; in the case of a municipality not dividable into streets: name of municipality and number of property), zip code and municipality name.


2. Return and claim address:


HOPSA Maciej Okraszewski

Kabacki Dukt 7/18

02-798 Warszawa


3. Delivery pricing - found at: hopsa.pl/dostawa - a summary of available delivery options and their pricing.


4. Contact details:


HOPSA Maciej Okraszewski

Piotrkowska 31/3

90-410 Łódź

e-mail: info@hopsa.pl


5. Delivery - a shipping service that indicates a carrier and the cost of the service listed in the delivery pricing available at: hopsa.pl/dostawa


6. Receipt - an invoice, or a receipt issued in accordance with the The Goods and Services Tax Act from March 11, 2014 with amendments and legal provisions.


7. Product card - a single sub-page of the store containing detailed information about a single product.


8. Customer - a physical person of age with legal capacity, a legal person, or an organization without a legal identity, but with a capacity for legal activity, carrying out a purchase from the Seller that remains within the business and professional capacity of the Seller.


9. Civil Code - Act - The Civil Code from April 23, 1964 with amendments.


10. Consumer - a physical person of age with legal capacity, carrying out a purchase from the Seller that remains outside the business and professional capacity of the Seller.


11. Shopping Cart (Cart) - a list of items offered in the store, created on the basis of the choices of the Buyer.


12. Buyer - both the Consumer and the Customer.


13. Place of issuance of goods - the zip code, or delivery location indicated in the order by the Buyer.


14. Time of issuance of goods - the moment in which the Buyer, or a third party indicated by the Buyer, gains possession of the item in question, unless the Buyer indicates the carrier on his/her own and the Seller has no control over the delivery process; in the above mentioned case the time of issuance of goods is the moment of transferring the goods to the carrier.


15. Payment - the method of conducting the payment for the subject of the contract and its delivery, as described at: hopsa.pl/platnosc


16. Consumer Rights Act - the Consumer Rights Act from May 30, 2014.


17. The Product - a minimal, indivisible amount of items that is the subject of the order and is presented in the store of the Seller as the unit of measurement used to indicate its price (price/unit).


18. The subject (matter) of the contract - the products and delivery services that are the subject of the contract.


19. The Subject of Contractual Obligations - the subject of the contract.


20. Issuance location - the place of issuance of goods that is not a zip code, indicated in the summary issued by the Seller in the store.


21. Item - an asset that can be, or is, the subject matter of the contract.


22. Store - the online store available at: hopsa.pl that can be used to place an order by the Buyer.


23. The Seller:


HOPSA Maciej Okraszewski

Piotrkowska 31/3

90-410 Łódź

NIP number: 7251904062, REGON number: 363259171


registered and available in the Central Register and Information on Economic Activity at:

https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/Se...


BANK ACCOUNT: 11 1140 2004 0000 3902 7604 1257


24. The System - a network of IT hardware and software that processes and collects, sends and receives data via telecommunication networks using devices corresponding to the said network, colloquially referred to as the Internet.


25. Processing time - the number of hours, or working days indicated on the product card.


26. Contract - a contract entered into outside the premises of the entrepreneur, or remotely, as indicated in the Consumer Rights Act from May 30, 2014 in the case of a Consumer; and a sales contract regulated by the provisions of Article 535 of the Civil Code Act, dated April 23, 1964 in the case of Buyers.


27. Defect - a physical, or legal defect.


28. A physical defect - the inconsistency of the sold item with the provisions of the contract, in particular if the item:


    a. does not offer characteristics and features advertised, stemming from the purpose stated in the contract, or stemming from the circumstances, or its purpose.


b. does not offer characteristics and features that were described as existent by the Seller;


c. does not serve the purpose that the Buyer has informed the Seller about, when entering the contract, with the Seller not stipulating the intended, mentioned purpose.


d. has been issued to the Buyer in an incomplete state;


e. in the case of faulty implementation and operation, as long as the activities have been performed by the Seller, or any third party that has been authorized to carry out said activates by the Seller, or the Buyer in a manner that has been indicated by the Seller;


f. does not offer properties that have been guaranteed by the producing party, or any representative thereof, which introduces the item to the market commercially within its business capacity, and the entity which, by placing its legal name, trademark, or any other identifying feature on the product, introduces itself as the producer, unless the Seller has not been made aware of the issued guarantees, or, by an approach of common sense, could not have been aware of said guarantees, or when the guarantees could not have influenced the decision of the Buyer entering the contract, or if the content of the guarantees has been explained in detail before the conclusion of the contract.


29. Legal defect - a situation in which the item sold is in the possession of a third party, or it remains within the legal capacity of a third party, or in the case of the limitations in the availability to use, or govern the item in question, stem from a judicial decision of a particular authorized body.


30. Order - a statement of will from the Buyer, issued via the online Store that clearly indicates: the type and amount of items; type of delivery; method of payment; the place of issuance of goods and detailed Buyer information that enable the conclusion of a contract between the Buyer and the Seller.



§2 General Conditions


1. The contract is concluded in Polish and is regulated by Polish law and this document.


2. The Seller is obliged to offer services and products free from any and all defects.


3. All prices indicated by the Seller are issued in Polish currency and are gross prices (i.e. include the VAT). The product prices do not include the shipping costs that are indicated in the delivery pricing.


4. All dates and deadlines are calculated on the basis of Article 111 of the Civil Code, i.e. the indicated date concludes on the last indicated day, while in the case of an indication of date on the basis of an occurrence, the date does not include the day of the aforementioned occurrence when calculating the date.


5. The confirmation, availability, recording and protection of all important provisions of the contract, enabling their accessibility in the future, occurs via:


a. an order confirmation sent to the indicated by the Consumer e-mail address: the order, the pro forma invoice, the information about the right to withdraw from the contract, this document in PDF format, a withdrawal from contract form in PDF format, links to this document and the withdrawal from contract form in downloadable formats;


b. the inclusion of printed items with a processed order: the purchase receipt, the information on the right to withdraw from the contract, this document and the withdraw from contract form.


6. The Seller informs the Buyer about the guarantees the Seller is aware of, issued by third parties for the products available in the Store.


7. The Seller will not charge the Buyer for any communication activities carried out remotely, while the Buyer will be charged with the costs of remote communication, as indicated by third parties enabling the Buyer to use the aforementioned remote communication on the basis of a contract concluded between the Buyer and the third parties.


8. The Seller assures the correct operation of the Store in the following browsers: IE, ver. 7 or higher, FireFox, ver. 3 or higher, Opera, ver. 9 or higher, Chrome, ver. 10 or higher, Safari with the newest version of JAVA and FLASH installed, on screens with a horizontal resolution higher than 1024 px. The usage of third party software that may influence, or interfere with the proper functioning and usability of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the manner in which the Store is displayed, in which case, to obtain the full functionality of the hopsa.pl store, they should all be disabled.


9. Buyers may use the option of storing their account data in the store to simplify the purchase process in the future. This requires the Buyers to specify a Login and Password, which are necessary to access an account in the Store. The login and password are alphanumerical sequences specified by the Buyers, who are obliged to keep the information secret and secure against any third parties. Buyers are eligible at any time to review, change and update data and to delete their account in the Store.


10. The Buyer is obliged to:


a. avoid delivering, issuing, or forwarding any legally prohibited content, e.g. content promoting violence, defamatory content, or transgressing the personal interests, or any other rights of any third parties;


b. use the store in a way that does not disrupt its operation, specifically by using particular software and/or hardware;


c. not carrying out activities such as: sending, or placing unsolicited marketing materials in the store (spam);


d. use the store in a manner that is not arduous towards other Buyers and the Seller;


e. use any content found in the store to the extend of personal use;


f. use the store in accordance with Polish law, the terms and conditions explained in this document and general rules of netiquette.



§3 Conlusion of Contract and processing the Order


1. Orders can be placed 24/7.


2. In order to place an order the Buyer is required to at least carry out the following activities, some of which might be carried out numerous time:


a. adding a product to the cart;


b. indicating the delivery method;


c. indicating the payment method


d. indicating the place of issuance of goods;


e. placing an order in the store by using the ”Place Order and Proceed to Checkout” button.


3. The conclusion of the contract with the Consumer takes place upon placing the order.


4. The Seller makes the following methods of payment available to the Consumer:


a. cash payment (made upon individual pick-up of the goods, preceded by contacting the Seller at: info@hopsa.pl)


b. online payment


c. credit card payment (accepted cards: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro)


5. The handling of online payments and credit cards is conducted by: Blue Media S.A, registered seat: Haffnera 6, 81-717, Sopot, entered into the Commercial Register under the KRS number: 0000320590, the operator of the BlueMedia payment service.


6. The processing of an order paid in the form of COD (cash on delivery) takes places immediately after placing the the Order; orders paid via wire transfer and online payments are processed after the payment has been entered into the books of the Seller, which should occur within 30 days from placing the order, unless the Buyer was unable to fulfill this obligation due to unforeseen circumstances independent from the Buyer, of which he, or she, has informed the Seller.


6. The conclusion of the contract with the Customer takes place upon receiving the order by the Seller, of which the Buyer is informed via e-mail within 48 hours from placing the order.


7. The processing of an order paid in the form of COD (cash on delivery) takes places immediately after placing the the Order, orders paid via wire transfer and online payments are processed after the payment has been entered into the books of the Seller.


8. The processing of an Order might be dependent on the payment for the goods made in part, or in full, or on obtaining a trade credit of a minimal amount that matches the amount of the order, or the acceptance of the Seller to ship the goods via COD (cash on delivery).


9. Sending the subject of the contract is carried out within the time indicated on the product card; for orders consisting of a number of items: within the longest time indicated on the product cards. The beginning of the processing time is calculated and set to the beginning of carrying out the order.


10. The purchased subject of the contract, including an indicated purchase document, is sent to the Buyer via the indicated delivery method to the indicated place of issuance of goods, together with the aforementioned attachments mentioned in §2, 6b.




§4 The right to withdraw from contract


1. The Consumer, based on the Article 27 of the Consumer Rights Act, has the right to withdraw from a contract concluded remotely, without stating a reason, nor encumbering any costs, with the exception of costs mentioned in Articles 33 and 34 of the Consumer Rights Act.


2. The time period in which the withdrawal from the contract is possible is set to 14 days from the moment of the issuance of the goods; to enforce the above mentioned period all is needed is a written statement within the stated 14 days.


3. The statement of withdrawal from a contract can be issued on a form which is available in attachment 2 of the Consumer Rights Act, on the form available at: hopsa.pl/wymiana-i-zwroty or in a different form that is in accordance with the Consumer Rights Act.


4. The Seller will immediately inform the Consumer via e-mail (submitted upon concluding the contract, or another, as submitted in the form) about receiving the withdrawal from contract notice.


5. In case of withdrawal from contract, the contract is considered void.


6. The Consumer is obliged to return the item(s) immediately to the Seller, no later than within 14 days from the day of withdrawal from the contract. To stay within the regulatory time limit the good(s) need to be shipped within the 14 days.


7. Consumers send back the subject of the contract they has withdrawn from at their own risk and expense.


8. Consumers are not charged with any costs of delivery for digital content that is not saved to a physical drive of any kind, if they have not agreed to fulfilling that obligation before the date of withdrawal from the contract, or if they have not been informed about the loss of the right to withdraw from the contract in the moment of granting such agreement, or if the Entrepreneur has not delivered a confirmation to the Consumer, as regulated by Article 15, Act 1 and Article 21, Act 1 of the Consumer Rights Act.


9. Consumers are held responsible for diminishing the value of the subject of the contract by using them to an extend exceeding the need to establish the characteristics, features and functions of the item(s).


10. The Seller will reimburse the Consumer immediately, no later than within 14 days from the active date of withdrawal from the contract, to the extent of all the costs the Consumer has incurred, including the delivery cost; in the case of the Consumer having chosen a different delivery method that is less expensive than the least expensive delivery method offered by the Seller, the Seller will not reimburse delivery cost incurred by the Consumer, as governed by Article 33 of the Consumer Rights Act.


11. The Seller will proceed with the reimbursement using the same payment method used by the Consumer, unless the Consumer has clearly indicated a different payment method that does not produce any additional cost for the Seller.


12. The Seller may refrain from reimbursing the Consumer until reception of the returned goods, or until reception of a proof of sending the goods from the Consumer to the Seller, whichever is delivered first.


13. The Consumer, according to Article 38 of the Consumer Rights Act, is not eligible to withdraw from the contract in the following cases:


    a. the price, or the remuneration, is dependent on monetary market fluctuations, which the Seller has no control over and in turn may arise before the time period enabling the Consumer to withdraw from the contract;

  1. b. when the subject of the contract is an item that is not pre-fabricated, is produced according to individual specifications of the Consumer, or servers the purpose of satisfying the individual needs of a Consumer;


c. when the subject of the contract is an FMCG item;


d. when the subject of the contract is an item delivered in sealed packaging which, upon opening, may not be returned due to environmental safety concerns, or due to hygienic hazards, assuming the packaging has been opened after delivery;


e. when the subject of the contract are goods which upon delivery, due to their nature, are irreversibly merged with other items.


f. when the subject of the contract is an audio, or video recording, or computer software delivered in sealed packaging, assuming the packaging has been opened after delivery;


g. digital goods not on a physical drive are delivered, when the processing of the request has began upon the Consumer clearly rendering consent to proceed and before the date of the withdrawal from the contract and after the Entrepreneur has informed the Consumer about the loss of rights to withdraw from the contract;


h. the subject of the contract is a delivery newspapers, magazines and other periodical press materials, excluding existing subscriptions.


§5 Statutory warranty


    1. The Seller, based on Article 558, § 1, of the Civil Code, is fully excluding the responsibility of the Consumer for any physical and legal defects (statutory warranty).


    2. The Seller is responsible towards the Consumer, as regulated by Article 556 of the Civil Code and subsequent Articles, for defects (statutory warranty).


    3. In the case of a concluded contract with the Consumer and a physical defect being detected within a year from the moment of the purchase of the item, it is assumed that it was already existent in the moment of transferring the responsibility to the Consumer.


    4. The Consumer, upon finding a defect in the sold time, may:


    a. submit a form requesting a price discount on the item;


    b. submit a form requesting withdrawal from the contract;


Unless the Seller has exchanged the item with the defect to a defect-free item, or has removed the defect immediately and without much inconvenience for the Consumer. However, if the item has already been exchanged, or repaired, or the Seller has failed to exchange the item, or has not repaired it, the Seller is not entitled to exchanging, or repairing the defect.


5. The Consumer, instead of the proposed removal of the defect by the Seller, may demand an exchange of the item for a defect-free item; alternatively, instead of the proposed exchange for a different, defect-free item the Consumer may demand the removal of the defect; unless the process of fulfilling the contractual obligations chosen by the Consumer is impossible to achieve, or would require significant more investment than the method proposed by the Seller, in which case the calculation of the investment is done on the basis of a defect-free item, the type and significance of the submitted defect in the item in question and the inconveniences that the Consumer would suffer in the process.


6. The Consumer may not withdraw from the contract if the defect is insignificant.


7. If the sold item has defects, the Consumer may also:


    a. demand the exchange to a defect-free item;


    b. demand the removal of the defect.

8. The Seller is obliged to perform an exchange of the item with the defect, or to repair the defect in a reasonable time frae and without much inconvenience for the Consumer.


9. The Seller may decline the claims of the Consumer if bringing the product into conformity with the contract of sale in the form chosen by the Consumer would prove impossible, or much more expensive than using the method proposed by the Seller.


10. If the item with the defect has already been implemented or installed, the Consumer may demand from the Seller the de-installation and re-installation of the item after its exchange to a defect-free one, or its repair; however, the Consumer is obliged to bear a portion of the costs connected with the operation, that exceed the original costs of sale of the item, or the Consumer may demand the Seller to reimburse a portion of the costs of de-installation and re-installation of the item, as long as the costs do not exceed the original costs of sale of the item. In the case of the Seller not carrying out the above contractual responsibilities, the Consumer is authorized to perform the aforementioned activities at the cost and risk of the Seller.


11. Consumers performing activities on the basis of the statutory warranty is obliged to deliver the item(s) to the return and claims address of the Seller; if due to the nature of the item, or its implementation, this would prove to be inconvenient, the Consumer is obliged to give the Seller access to the item in its place of residency. In the case of the Seller not carrying out the above contractual responsibilities, the Consumer is authorized to send back the item to the return address at the cost and risk of the Seller.


12. The Seller incurs the costs of return and repair, with the exception of the situation described in w §5, pt. 10.


13. The Seller is obliged to accept the item with a defect in the case of exchange to a defect-free item and the case of withdrawal from the contract.


14. Within 14 days the Seller will express an official opinion on:

    a. a statement demanding a price reduction;


    b. a statement demanding a withdrawal from the contract;


    c. a demand of exchanging the item to a defect-free item;


    d. a demand of repairing the defect.


In any other case the demand, or submission of the Consumer, will be treated as acknowledged and accepted.


15. The Seller is responsible on the grounds of the statutory warranty for any physical defects occurring within two years from the issuance of the item to the Consumer; and if the subject of the contract is used, within 12 months from the date of issuance of the item to the Consumer.


16. The claim of the Consumer to repair a defect, or exchange the item to a defect-free one, expires after a year from acknowledging a defect, but no sooner than within two years from issuing the item to the Consumer; if the subject of the contract is used, within 12 months from the date of issuance of the item to the Consumer


17. In the case of the use-by date indicated by the producer, or the Seller of the item, expiring after two years from issuing the item to the Consumer, the Seller is responsible, on the basis of the statutory warranty, for physical defects that have been acknowledged before the expiration of the aforementioned two-year period.


18. For periods regulated by §5, pts. 15-17, the Consumer may submit a notice about withdrawing from the contract, or a demand a price reduction due to the defect in the sold item, and if the Consumer has demanded the defect to be repaired, or the item to be exchanged, the period for submitting a withdrawal from contract, or a demand for price reduction, starts upon the inconclusive expiry of the period for the exchange of the item, or its repair.


19. In the case of a mediatory proceeding, or a conciliation court proceeding stemming from the statutory warranty, the dates for carrying out other provisions that the Consumer is entitled to are paused until a legally valid conclusion to a proceeding has been reached. Particular provisions also envelop the mediatory proceeding, however, the dates for carrying out other provisions that the Consumer is entitled to begin on the day of the decision of the court of overturning the settlement reached with the mediator, or upon ending the inconclusive mediation process.


20. For fulfilling obligations stemming from the statutory warranty, §5, pts. 15-16, concerning legal defects of a sold item, the period starting on day in which a defect has been acknowledged by the Consumer is used; in the case of the Consumer learning about the legal defect from a third-party legal claim – the starting day is understood as the day on which the legal dispute with the third party has produced a legally valid verdict.


21. If due to a legal defect of the item the Consumer has filed for a withdrawal from contract, or has requested a price reduction, the Consumer may demand the repair of the damages he, or she has suffered, due to concluding a contract without being aware of a legal defect, even if the damages are the result of circumstances that the Seller could not have been aware of and is not responsible for; the Consumer may demand the reimbursement of all costs concerning the conclusion of the contract, the costs of issuance of the item, delivery, storage and insurance costs, the reimbursement of expenditures in a scope that does not envelop financial benefits gained from them, and in the case of not having received a reimbursement from the third party, nor the reimbursement of the legal processing costs. This does not breach the regulatory responsibilities of remedying the defect under general regulations.


22. The expiration of any of the aforementioned dates, in which the acknowledgement of a defect can be carried out, does not exclude the obligations of carrying out responsibilities stemming from the statutory warranty, if the Seller has knowingly and deceitfully withheld information about the defect from the Consumer.

23. The Seller, when obliged to fulfill the above mentioned provisions, or financial responsibilities towards the Consumer, will carry them out without delay, no later than within a time period provided for them legally.


§6 Privacy policy and personal data security


    1. The Seller is the administrator of all personal data submitted by the Consumers in the store.


    2. The Seller is obliged to protect personal data following the Personal Data Protection Act from August 29, 1997 and the Act on Rendering Electronic Services from July 18, 2002. The Consumer, by submitting personal data upon placing an order in the store, authorizes the Seller to use the data in order to process the order. The Consumer is entitled to access, correct, update and remove the data at any time.


    3. More detailed information on collection, processing and storing data used to process orders in the store is available in the Privacy Policy document, available at: hopsa.pl/polityka-prywatnosci




§7 Final Provisions


1. None of the provisions of this document are designed to harm the Buyer in any way. In turn, they cannot be thusly interpreted, as the Seller declares that any discrepancies between this document and the binding legal provisions will be resolved by subduing this document to the binding law and using its provisions and regulations in place of the document.


2. Buyers will be informed about any changes to this document via a digital channel (the indicated e-mail address provided during registration process). This type of notification will be sent at least 30 days before enforcing any changes to this document. Any chances will be introduced to adapt the document to the binding, current legal system.


3. The up-to-date version of this document is always available to the Buyers at: hopsa.pl/regulamin. During the processing of an order and during the entire time of the after-sales support period the Buyers are obliged to follow the regulations of this document, as they have accepted it during placing the order. This excludes a situation in which the Consumer will find the document less favorable than the current version of the document, in which case the Consumer will inform the Seller of choosing the up-to-date version as the binding regulatory document.


4. In the cases not regulated by this document binding legal regulations are applied. Any and all disputes, with the consent of the Consumer, will be settled before the Central Inspectorate of Trade Inspection local body in a mediatory proceeding, or before a conciliation court within the Central Inspectorate of Trade Inspection. The Consumer is also entitled to use equivalent, legal, extrajudicial and prejudicial measures to settle the dispute, for example via the EU ODR platform (http://ec.europa.eu/consumers/odr/). Ultimately, the dispute may be settled by the court of competent jurisdiction.

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