1. General Provisions
1.1. The Online Store is available at www.handgcompany.com, it is maintained by company H&G Sp. z o.o. entered into the Central Business Register and Information of the Republic of Poland kept by the minister responsible for the economy, with the address of business activity and service address at: ul. Garczyńskiego 17/2, 31-524 Kraków, NIP (tax identification number) 6751605155 REGON (Polish business registry number) 36805274700000, e-mail address: shop@perio3.com, phone number: 695 89 38 49.
1.2. This Regulation is addressed both to consumers and entrepreneurs using the services of the Online Store (except clause 9 of the Regulation that is addressed to entrepreneurs only).
1.3. The Service Provider is the controller of personal data processed in relation to execution of the provisions of this Regulation. Personal data shall be provided on voluntary basis. Every person, whose personal data are processed by the Service Provider, has the right to review, update and correct the data.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday except public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store, by means of which an Account may be opened.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store by means of which an Order may be placed, in particular through placing Products in the Electronic Basket and determination of terms and conditions of a Sales Agreement, including the manner of delivery and payment.
1.4.4. CUSTOMER – (1) an individual who is fully capable of legal activities, and in cases defined in legal provisions also an individual who has a limited capability to perform legal activities, (2) a legal entity, (3) an organisational unit without the legal status, that is granted a legal status by law, and that has entered or intends to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code of 23 April 1964 (Journal of Laws of 1964 no 16, item 93 as amended).
1.4.6. ACCOUNT – an Electronic Service; a set of resources in the IT System of the Service Provider, marked with an individual name (login) and password provided by a Recipient of Services, where the data provided by a Recipient of Services and information on Orders placed by a Recipient of Services in the Online Store are maintained.
1.4.7. NEWSLETTER – an Electronic Service; an electronic distribution service rendered by the Service Provider through e-mail, which enables automatic delivery of cyclical editions of the Newsletter to Recipients of Services by the Service Provider to provide them with information about Products, new items and promotions in the Online Store.
1.4.8. PRODUCT – movable item available in the Online Store, subject to the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATION – this Regulation of the Online Store.
1.4.10. ONLINE STORE – the Service providers Online Store available at: www.handgcompany.com on the Shoper platform.
1.5. SELLER, SERVICE PROVIDER – H&G Sp. z o.o. entered into the Central Business Register and Information of the Republic of Poland kept by the minister responsible for the economy, with the address of business activity and service address at: ul. Garczyńskiego 17/2, 31-524 Kraków, NIP (tax identification number) 6751605155 REGON (Polish business registry number) 36805274700000, e-mail address: shop@perio3.com, phone number: 695 89 38 49.
1.5.1. SALES AGREEMENT – a Product sales agreement concluded between the Customer and the Seller through the Online Store.
1.5.2. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the Recipient of Service through the Online Store.
1.5.3. RECIPIENT OF SERVICE – (1) an individual who is fully capable of legal activities, and in cases defined in legal provisions also an individual who has a limited capability to perform legal activities, (2) a legal entity, (3) an organisational unit without the legal status, that is granted a legal status by law, and that has used or intends to use the Electronic Service.
1.5.4. ACT ON CONSUMER RIGHTS, ACT – the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827 as amended).
1.5.5. ORDER – Customer’s declaration of will filed by means of the Order Form and aimed directly at entering into the Product Sales Agreement with the Seller.
2. Electronic services in the online store
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – the Account may be used after the three subsequent steps are made by the Recipient of Services – (1) completion of the Registration Form, (2) a click on box “Establish an Account”, and (3) confirmation of an intention to establish an Account by means of a confirming link, that is sent automatically to provided e-mail address. In the Registration Form, a Recipient of Services must disclose their following data: name and surname/ company name, address (street, street number/apartment number, postal code, town, country), e-mail address, contact phone number and a password. Recipients of Services, which are not consumers, must also provide a company name and a tax identification number (NIP).
2.1.1.1. The Electronic Service is rendered free of charge through an unlimited duration. The Recipient of Services has a right to delete the Account (resign from the Account) any time and without a reason, sending a respective request to the Service Provider, in particular via e-mail to: shop@perio3.com or in writing at: ul. Garczyńskiego 17/2, 31-524 Kraków.
2.1.2. Order Form– use of the Order Form starts when the Customer places the first Product in the electronic basket in the Online Store. An Order is placed after the Customer performs to subsequent steps: (1) they complete the Form and (2) after completion of the Order Form they click box “Confirm purchase” on the website of the Internet Store – until that moment the Customer may modify entered data on their own (to do this, they must follow display messages and information available on the website of the Internet Store). In the Order Form the Customer must provide their following data: name and surname/ company name, address (street, street number/apartment number, postal code, town, country), e-mail address, contact phone number and information concerning the Sales Agreement. Customers, which are not consumers, must also provide a company name and a tax identification number (NIP).
2.1.2.1. The Electronic Service “Order Form” is a free of charge one-off service and is terminated upon placement of an Order by means of the form or if a Recipient of Services ceases earlier to place and Order through the Electronic Service.
2.1.3. Newsletter –the Newsletter may be used after the Customer provides an e-mail address to which the Newsletter is to be sent in bookmark “Newsletter” on the website of the Online Store and clicks box “Subscribe”. The Customer may also subscribe the Newsletter by means of a respective checkbox at the time of creation of the Account – upon creation of the Account, the Recipient of Services becomes a subscriber of the Newsletter.
2.1.3.1. The Electronic Service “Newsletter” is rendered free of charge through an unlimited duration. The Recipient of Services has a right to resign from the Newsletter any time and without a reason, sending a respective request to the Service Provider, in particular via e-mail to: shop@perio3.com or in writing at: ul. Garczyńskiego 17/2, 31-524 Kraków.
2.2. Technical requirements necessary for cooperation with the teleinformation system used by the Service Provider: (1) a computer, laptop or another multimedia device with an access to the Internet; (2) access to e-mail; (3) internet browser: Mozilla Firefox version 11.0 or higher, or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum display resolution: 1024×768; (5) enabled cookie recording in the internet browser and activated Javascript .
2.3. The Recipient of Services is obliged to use the Online Store in compliance with law and good practices, with respect to personality rights and copyrights and intellectual property rights of the Service Provider and third parties. The Recipient of Services is obliged to provide true data. It is forbidden for the Recipient of Services to provide illegal contents.
2.4. Complaint procedure :
2.4.1. Complaints concerning Electronic Services rendered by the Service Provider and other complaints concerning operations of the Online Store (save for complaints concerning Products that were defined in article 6 of the Regulation) may be filed by the Recipient of Services, for instance:
2.4.2. in writing at: ul. Garczyńskiego 17/2, 31-524 Kraków.
2.4.3. in an electronic form via e-mail at: shop@perio3.com
2.4.4. It is recommended that in a description of a complaint the Recipient of Services provides: (1) information and circumstances of the subject of complaint, in particular type and date of irregularities; (2) demands of the Recipient of Services; and (3) contact data of the complaining person, which shall facilitate and accelerate examination of a complaint by the Service Provider. Legal requirements presented in the previous sentence are recommended only and shall have no impact on efficiency of complaints filed without recommended description of complaint.
2.4.5. The Service Provider shall respond to a complaint immediately, but not later than within 14 calendar days as from the date of its filing.
3. Terms and conditions of entering into sales agreements
3.1. A Sales Agreement is concluded between the Customer and the Seller after an Order has been placed by the Customer by means of the Order Form in the Online Store in compliance with clause 2.1.2 of the Regulation.
3.2. A Product Price on the website of the Internet Store is denominated in Polish zloty and/or other currencies and includes taxes. When placing an Order, including when delivering the Customer’s declaration of will to conclude a Sales Agreement, the Customer is informed on the total price of the Product subject to an Order, including taxes, and about costs of delivery (fees for transport, delivery and postal services) and about other costs, and if amounts of such fees cannot be defined – about an obligation to pay them.
3.3. The procedure of entering into a Sales Agreement in the Online Store via the Order Form:
3.3.1. A Sales Agreement is concluded between the Customer and the Seller after the Customer places an Order in the Online Store in compliance with clause 2.1.2 of the Regulation.
3.3.2. After an Order is places, the Seller shall immediately confirm its receipt and agree on fulfilment of an Order at the same time. Receipt of an Order and commencement of its fulfilment is confirmed by a respective e-mail sent to the Customer by the Seller to an e-mail address provided upon placement of an Order. Such e-mail shall contain at least the Seller’s statement on receipt of an Order and commencement of its fulfilment and confirmation of conclusion of a Sales Agreement. A Sales Agreement is concluded between the Customer and the Seller upon receipt of this e-mail by the Customer.
3.4. The contents of a Sales Agreement is recorded, secured and disclosed to the Customer via (1) publication of this Regulation on the website of the Online Store, and (2) sending an e-mail referred to in clause 3.3.2. of the Regulation to the Customer. The contents of a Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. Manners and dates of payments for products
4.1. The Seller offers the following modes of payment under a Sales Agreement to the Customer:
4.1.1. via a bank transfer to the Seller’s bank account kept with ING bank.
Seller’s account number:
PLN account:
EUR account:
USD account:
SWIFT:
4.2. Payment due date:
4.2.1. The Customer is obliged to make a payment within 7 calendar days from the date of a Sales Agreement.
5. Costs, manners and date of delivery and collection of the product
5.1. Products are delivered to countries listed under bookmark “Costs of Delivery”.
5.2. Products are delivered against charged, unless a Sales Agreement provides otherwise. Costs of delivery of the Products (fees for transportation, delivery and postal services) are determined for the Customer on the website of the Internet Store under bookmark “Costs of delivery” and upon placement of an Order, including also at the moment when the Customer expresses their will to be bound with a Sales Agreement.
5.3. The Seller offers the following manners of delivery and collection of the Product by the Customer:
5.3.1. Courier delivery.
5.4. The period of delivery of the Product to the Customer shall be up to 7 Working Days, unless a shorter period is defined in a description of a given Product or upon placement of an Order. In case of Products with various periods of delivery, the longest of them shall be the period of delivery but it may not be longer than 7 Working Days. The period of delivery of the Product shall start from when a respective amount is credited on the Seller’s bank account or settlement account.
6. Product complaints (referring to sales agreements concluded after 25 december 2014)
6.1. If a Product is sold with a physical or legal defect (statutory guarantee), the grounds and scope of the Seller’s liability to the Customer are defined in the applicable legal provisions, in particular the Civil Code (in particular articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for Product defects and Customer’s rights are defined at the website of the Internet Store under bookmark “Complaints about Goods”.
6.3. A compliant may be filed by the Customer for instance :
6.3.1. in writing at: ul. Garczyńskiego 17/2, 31-524 Kraków;
6.3.2. in an electronic form via e-mail at: shop@perio3.com;
6.4. It is recommended that in a description of a complaint the Customer provides: (1) information and circumstances of the subject of complaint, in particular type and date of occurrence of a defect; (2) demands concerning the manner to ensure the Product’s compliance with a Sales Agreement or declaration on price reduction or withdrawal from a Sales Agreement; and (3) contact data of the complaining person, which shall facilitate and accelerate examination of a complaint by the Seller. Legal requirements presented in the previous sentence are recommended only and shall have no impact on efficiency of complaints filed without recommended description of complaint.
6.5. The Seller shall respond to a complaint immediately, but not later than within 14 calendar days as from the date of its filing. No Seller’s response in this period means that the Seller accepted the complaint as reasonable.
6.6. If the Customer enforces rights under statutory guarantee, they are obliged to deliver a defective product to the Seller’s address: ul. Garczyńskiego 17/2, 31-524 Kraków. If delivery of a Product by a Client is excessively difficult because of a type of the Product or its fixing, the Customer is obligated to provide the Seller with an access to the Product in the location of the Product.
7. Out-of-court ways of examination of complaints and claims and principles of access to such procedures
7.1. Detailed information on possibilities of a Customer, who is a consumer, to use out-of-court ways of examination of complaints and claims and principles of access to such procedures are available in the offices and on websites of poviat (municipal) ombudsmen of consumers and social organisation, in case of which consumer protection is defined in their by-laws, Voivodeship Trade Inspectorates and on the following www addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php,
oraz http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Customer, who is a consumer, has for example the following possibilities to use the out-of-court ways of examination of complaints and claims:
7.2.1. A Customer has a right to apply to the consumer arbitration court referred to in article 37 of the Act on the Trade Inspection of 15 December 2000 (Journal of Laws of 2001 no 4 item 25, as amended) for solution of a dispute arising in result of a concluded Sales Agreement. The regulation of organisation and operations of consumer arbitration courts are defined in the Regulation of the Minister of Justice on Determination of Regulations of Organisation and Operations of Permanent Consumer Arbitration Courts (Journal of Laws of 2001 no 113, item 1214).
7.2.2. A Customer has a right to apply to a Voivodeship Trade Inspector in compliance with article 36 of the Act on the Trade Inspection of 15 December 2000 (Journal of Laws of 2001 no 4 item 25, as amended) with a request for initiation of mediation procedure concerning amicable settlement of a dispute between the Customer and the Seller. Information on principles and mode of a mediation procedure conducted by Voivodeship Trade Inspector is available in offices and on the website of individual Voivodeship Trade Inspectorates.
7.2.3. The Customer may receive free of charge assistance in respect to solution of a dispute between the Customer and the Seller from a poviat (municipal) ombudsman of consumers and social organisation, in case of which consumer protection is defined in their by-laws (e.g. Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation at e-mail address porady@dlakonsumentow.pl and by the Polish Consumer Association at information line 801 440 220 (toll free).
7.3. A platform for online solution of disputes between consumers and entrepreneurs on an EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a centre rendering comprehensive services for consumers and entrepreneurs endeavouring to obtain an out-of-court solution of disputes concerning contractual liabilities under an online sales agreement or online service agreement.
8. Right to withdraw from the agreement (it refers to sales agreements concluded after 25 december 2014)
8.1. The right to withdraw from a distance agreement is not granted to consumers in respect to agreements covering the following subjects:
8.1.1. Non-prefabricated product, that has been produced according to the consumer’s specification or used to satisfy consumer’s individual needs;
8.1.2. Deteriorating or expiring rapidly product;
8.1.3. A product delivered in a sealed package, that may not be returned after a package is opened due to reasons of health protection or due to hygienic reasons, if a package was opened after delivery;
9. Provisions concerning entrepreneurs
9.1. This Article of the Regulation and its provisions refer only to Customers and Recipients of Services, which are not consumers.
9.2. The Seller shall have a right to withdraw from a Sales Agreement concluded with a Customer that is not a consumer within 14 calendar days from the date of a Sales Agreement. Withdrawal from a Sales Agreement in such case does not require specification or reasons and does not entitle a Customer, which is not a consumer, to any claims against the Seller.
9.3. In case of Customers, which are not consumers, the Seller may restrict available modes of payment; it may also require an advance payment of a part of or the whole price regardless of a mode of payment selected by the Customer and conclusion of a Sales Agreement.
9.4. Benefits and burdens related to the Product and the risk of accidental loss or damage of the product are transferred to the Customer, which is not a consumer, upon released to the Product to a carrier by the Seller. In such case the Seller shall not be held liable for loss, deficiency or damage of the Product occurring between its acceptance for transportation and release to the Customer, or for any delays in transportation of a consignment.
9.5. If the Product is transported to the Customer by a carrier, the Customer, which is not a consumer, is obliged to examine a consignment in time and manner adopted for such kind of consignments. If the Customer detects deficiency or damage of the Product in transportation, it is obliged to undertake all necessary actions to determine the carrier’s liability.
9.6. Pertaining to article 558 § 1 of the Civil Code, the Seller’s liability under statutory guarantee for the Product in relation to the Customer, which is not a consumer is excluded.
9.7. In case of Recipients of Services, which are not consumers, the Service Provider may terminate an Electronic Service agreement with immediate effect and without reasons, by means of a respective statement sent to a Recipient of Services.
9.8. Liability of the Service Provider/ Seller in relation to a Recipient of Services/Customer, which is not a consumer, regardless of its legal grounds, is limited – both in respect to a single claim and for all claims cumulatively – to the amount of a price paid and costs of delivery under a Sales Agreement, but not more than an amount of PLN 1,000. The Service Provider/ Seller shall be held liable in relation to a Recipient of Services/Customer, which is not a consumer, only for typical damages that are foreseeable upon conclusion of an agreement and shall not be held liable in relation to a Recipient of Services/Customer, which is not a consumer, for lost profits.
9.9. Any disputes arising between the Service Provider/ Seller and a Recipient of Services/Customer, which is not a consumer, shall be field to a competent court for law for the registered office of the Service Provider/ Seller
10. Personal data in the online store
10.1. The Seller shall be the controller of personal data of Recipients of Services/ Customers collected via the Online Store.
10.2. Personal data of Recipients of Services/ Customers collected via the Online Store are collected – according to the will of a Recipient of Services/ Customer – for the purpose of execution of a Sales Agreement pr an Electronic Service agreement, and also for the purpose of distribution – by the Seller and upon consent of a Recipient of Services – of marketing contents on the product offer of the Online Store www.perio3.com
10.3. Possible recipients of personal data of the Customers of the Online Store:
10.3.1. In case of the Customer who uses courier services in the Online Store, the Controller shall provide the collected personal data of the Customer to selected carrier or agent delivering parcels upon the Controller’s order.
10.4. Recipient of Services/ Customer has the right to review, update and correct their data. Respective request shall be sent for instance:
10.4.1. in writing at: : ul. Garczyńskiego 17/2, 31-524 Kraków;
10.4.2. in an electronic form via e-mail at: shop@perio3.com
10.5. Personal data are provided on voluntary basis, but failure to provide personal data specified in this Regulation as necessary for conclusion of a Sales Agreement or an Electronic Service Agreement prevents from conclusion of such agreement. Necessary data for conclusion of a Sales Agreement or an Electronic Service Agreement are specified each time on the website of the Internet Store before entering into a respective agreement.
11. Final provisions
11.1. Agreements are concluded by the Online Store in Polish or in English.
11.2. Amendments of the Regulation:
11.2.1. The Service Provider reserves a right to amend the Regulation due to important reasons, such as: amendment of legal provisions, change of modes of payment and deliveries – in respect to the impact of such changes on the provisions of this Regulation.
11.2.2. When permanent agreements (e.g. Electronic Service agreement – Account) are concluded under this Regulation, amended Regulation shall be binding for the Recipient of Services if the requirements defined in articles 384 and 384[1] of the Civil Code were met, that is a Recipient of Services was duly notified on such amendments and did not terminate an agreement within 14 calendar days from such notification. If an amendment of the Regulation entails introduction of new fees or increase of current fees, a Recipient of Services, who is a consumer, has a right to withdraw from the agreement.
11.2.3. When non-permanent agreements (e.g. Sales Agreement) are concluded under this Regulation, amended Regulation shall not infringe any rights acquired by Recipients of Services/Customers who are consumers before a date such amended Regulation enters into force, and in particular amendments of the Regulation shall not affect Orders that are filed or have already been filed, and concluded, executed or performed Sales Agreements.
11.2.4. Issues that are not regulated by this Regulation shall be governed by legal provisions of the Polish law, in particular the Civil Code, the Act on Electronic Services of 18 July 2002 (Journal of Laws no 144, item 1204 as amended); in case of Sales Agreements concluded after 25 December 2014 with Customers, who are consumers – provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item, 827, as amended) and other respective legal provisions.