Terms & Conditions

Published: 25.05.2018 r.

https://www.halkalife.pl/ is a site operated by „halkalife – Maciej Zaroń” and Maciej Zaroń is the owner of the online shop – halkalife. We are registered in Poland under company number NIP 7743031349 and REGON 367582762 and with our registered office at ul. Piaski34, 09-472 Słupno, Poland. Our VAT number is PL7743031349.

You can contact us at e-mail address: kontakt@halkalife.pl or via phone +48 609108209. 

§ 1

Definitions

For the purpose of this Regulation, the following definitions shall apply:

1) Customer – a User who concludes an agreement of sale in relation to the Shop,

2) The Civil Code – the Act dated 23 April 1964: the Civil Code (uniform text: Journal of Laws from the year 1964.16.93),

3) Consumer – a natural person who performs a legal act that is not directly connected with their business or professional activity is considered to be a consumer in the meaning of the provisions of the Act dated 23 April 1964: the Civil Code (uniform text: Journal of Laws from the year 2014, Item 121).

4) Terms & Conditions – T&C of the online shop available under https://www.halkalife.pl/en/terms-and-conditions/,

5) Shop – online shop under https://www.halkalife.pl/en/shop/,

6) Seller – Maciej Zaroń, the owner of the online shop – halkalife with the registered office at ul. Piaski 34, 09-472 Słupno, Poland. The company number is NIP 7743031349 and REGON 367582762.

§ 2

General provisions

1. The present Regulations define the rules in relation to the use of the Online shop run by the Seller, in particular rules concerning placing orders for the products that are available in the Shop, the delivery of the products ordered to the Customer, the payment of the selling price for the products by the Customers, the Customers’ rights to terminate the agreement, as well as provisions in connection with the submission and processing of complaints.

2. It is possible to use the Shop provided that the User’s IT system fulfills minimum technical requirements:

  • Internet access and a web browser,
  • software that allows viewing documents and photographs,
  • possession of a current, working and correctly configured electronic mail account.

3. Customer cannot buy our products as an anonymous or using a pseudonym. 

4. Prices given in the Store are gross prices (they include VAT).

§ 3

Electronic services delivery (ESD)

1. The Seller provides electronic services to the Customer through the online shop.

2. The basic service electronically provided to the Customer by Seller is to let the Customer places orders in the Shop. Viewing the range of products in the Shop and placing orders does not require any registration.  

3. At the moment of the registration in the Shop, a User account is created, which constitutes a set of resources where information is collected about the User and about their activities within the framework of the Shop in connection with the agreements concluded. Within the framework of their account, the User has an access among others to the history of their orders placed with the Shop and recording of designs. Every time, logging to the User account takes place with the use of the data supplied in the registration form.

4. When you register an Account, User will be asked to state some personal details, an e-mail address and a password. You are responsible for assuring that all information you enter as part of the registration process is correct, complete and up to date. Your personal data will be stored and processed by halkalife in the manner stated in https://www.halkalife.pl/en/terms-and-conditions/privacy-security/User is responsible for keeping your personal log-in information secure and confidential. If you prefer you can remove your account at any time you want.

5. Registration in the Shop as well as the use its functionality are free of charge. However sales contracts concluded via the Store are paid.

§ 4

Placement of orders

1. The User can place an order as registered Customer using own account or as a guest.

2. If the User has completed the registration process then they can place an order via My account tab or during the ordering.

3. To place an order, the User is obligated to:

  • select product(s) that is to be purchased by clicking on “Add to cart” button,
  • click the “Proceed to checkout” button in the Cart then make sure the correct country was chosen to calculate delivery costs,
  • log in to your account in the Store, create an account or purchase without registration – not applicable to the Customer to login before the ordering,
  • provide the delivery address and invoice details,
  • choose the delivery country and the delivery way and then payment method,
  • read the Terms & Conditions and accept this – placing of the order constitutes an offer in the meaning of the Civil Code, one that is submitted by the User to the Seller,
  • click the “I order and pay” button.

4. If the User has chosen the payment method via the P24 payments: https://www.przelewy24.pl/, after clicking the “I order and pay” button the User will be moved to the service webpage in order to payment. When the payment is complete then the User is moved to the Store webpage. The agreement is concluded the moment the Seller has sent information concerning the order acceptance to the User.

5. If the User has chosen the payment method other than the P24 payments: https://www.przelewy24.pl/, after clicking the “I order and pay” button the User will be moved to the service webpage in order to payment. The agreement is concluded the moment the Seller has sent information concerning the order acceptance to the User.

§ 5

Delivery and payment methods

1. The Shop sells goods on the territory of Poland as well as to other states. The User might choose the following delivery ways of goods:

  • the DPD courier company
  • the Polish Post

The delivery costs depend on the order volume and the delivery address, and they are presented each time the User selects the delivery method of the product before and after placement of an order.

2. The cost of delivery shall be paid by the Customer. The Seller is not responsible for a non-delivery of the product for those reasons that the Customer is responsible for, e.g. as a result of the provision of the wrong delivery address.

3. The User can choose the following payment methods:

mBank: PL 21 1140 2004 0000 3102 7693 1929
The mBank BIC/SWIFT code: BREXPLPWMBK
halkalife – Maciej Zaroń
ul. Piaski 34 09-472 Słupno
Poland

§ 6

Order processing

1. After placing the order by the User in accordance with procedure included in the § 4 of the Terms & Conditions, an e-mail is sent to e-mail address of the User to confirm the order.

2. If the Customer has chosen a method of payment in a form of bank transfer to the Seller’s bank account, the Customer is obliged to pay for the order within 5 days from the date of conclusion of the agreement otherwise the order will be canceled.

3. Performance of the order is its preparation for shipment to the Customer or to be picked up by the Customer. The order is considered completed when the order is prepared for shipment or prepared to be picked up by the Customer. 

4. The delivery time is 3-5 business days unless the Seller informs otherwise.

5. If the order covers more than one product, the time of order completion is the longest time mentioned in the product description which is ordered.

6. The order processing time is counted from the time of payment for the order, unless the Customer has chosen the form of payment on delivery (only for delivery in Poland) – then the time of order processing is counted until the agreement is concluded.

7. After an order completion the Seller will send a confirmation of the order processing to the Customer’s e-mail address and then the order will be shipped. If the Customer decided to pick up the order the Seller will inform when the order is ready to pick up.

8. Shipment of the order to the Customer is carried out in the manner chosen by the Customer in accordance with the § 5, point 1 of the Terms & Conditions.

9. Delivery time of the order to the Customer depends on the shipping method which has been chosen by the Customer. The time is counted from the date of order fulfillment in accordance with the § 6, point 3 of the Terms & Conditions. 

§ 7

Withdrawal from the sale agreement

1. The Consumer is entitled to withdraw from an agreement concluded at a distance within a period of 14 days without giving any reason. The term to withdraw from the agreement expires after 14 days starting from the day when you came into the possession of the item or when a third person being different from the carrier and appointed by you came into the possession of the item.

2. The Consumer is not entitled to the right to withdraw from an agreement concluded at a distance in relation to the following agreements:

  • provision of services if the entrepreneur fully performed the service upon the consumer’s express consent, who was informed prior to the commencement of the service that after the completion of the service by the entrepreneur, they lose the right to withdraw from the agreement;
  • where the object of the service is sound and visual recordings or computer software delivered in sealed packaging, if the packaging was opened after the delivery;
  • where the subject of the service is a non-prefabricated item produced according to the consumer’s specifications or serving the purpose of fulfilling their individual needs;
  • where the price or remuneration depends on the fluctuations on the financial market over which the entrepreneur does not exercise any control;
  • where the object of the service is a perishable item or one with with a short shelf life;
  • concerning the daily papers, periodicals or magazines;
  • concluded at a public auction.

3. In order to use the right to withdraw from the agreement, the Consumer must inform the Seller of your decision of a withdrawal from this agreement by making an explicit statement (a letter sent by post or by e-mail).

4. The Consumer may use the sample agreement withdrawal form which is accessible at Warranty & Complaints Proceedings, yet this is not compulsory. 

5. In order to meet the agreement withdrawal date, it is enough for the Consumer to send information concerning the execution of the agreement withdrawal right which the Consumer is entitled to before the expiry of the agreement withdrawal term. 

6. The Customer is obligated to promptly send back or hand over the item to us and in each case not later than 14 days starting from the day when you informed us of your withdrawal from this agreement. The term has been maintained if you send back the item before the expiry of the 14 day period.

7. The Consumer will have to incur the direct costs of the return of the item.

8. In the case of your withdrawal from this agreement, the Seller immediately refunds you with all the payments received from you including the delivery costs of the items (except for any additional costs that resulted from the delivery method selected by you which was different from the cheapest regular delivery method as offered by us), and in each case not later than 14 days starting from the day when we were informed about your decision on the execution of the agreement withdrawal right. We shall refund the payments using the same payment method which you used in the original transaction unless you have clearly agreed to a different solution; in each case, you shall not incur any fees in connection with this refund.

9. If the Shop did not offer to take the item back from the Consumer on its own, it can refrain from refunding the payments received from the consumer until it has received the item back or has been provided by the consumer with the proof of it being sent back, whichever comes sooner.  

10. The Consumer is responsible for the reduction of the value of the item resulting from using it in a way which was different from the one required to find out about the nature, properties and operation of the item.

§ 8

Warranty

1. The Seller ensures the Delivery of a product free of any physical and legal defects. 

2. The Seller is liable to the Customer should the product have any physical or legal defect (warranty).

3. If the product is defective, the Customer may:

  • demand a replacement of the defective product with a product free from defects,
  • demand a removal of the defect,
  • submit a statement concerning a reduction of the price,
  • submit a statement of withdrawal from the sale agreement.

4. It is recommended that at the receipt of the shipment, the Customer checks whether the external packaging has not been damaged in transport. If the Customer notices any product defect, the Seller should be informed immediately. In this case the Customer should provide all information to the Seller (what was defected and send pictures of the defective item), at the same time the Customer might also submit an appropriate statement but this is not obligatory.

5. The Customer may use a complaint statement which is accessible at Warranty & Complaints Proceedings, yet this is not compulsory.

6. The Customer who is performing warranty entitlements is obliged to deliver the defective item to the Seller’s address.

7. The Seller responds to the Customer’s complaint and notifies them of the complaint having been either accepted or rejected and of any further proceedings within 14 calendar days after receiving the defective item.

§ 9

Personal data and cookie files

1. The Seller is an administrator of the Customer’s personal data.

2.The provision of personal details by the User and their consent to have them processed are essential for the execution of the order by the Shop. The User bears responsibility for supplying any false personal data.

3. Provision of personal data by the User is voluntary. However, no consent to have personal data processed by the Seller may prevent the User from shopping in the Shop.

4. Confidential information concerning Users including Users’ personal data is protected by the Seller against being made available to unauthorized persons as well as against any other disclosure or loss

5. Data processing is carried out in accordance with:

  • the Act on the Provision of Services by Electronic Means dated 18 July 2002 (Journal of Laws form the year 2002, No. 144 Item 1204 as amended),
  • REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

6. In accordance with the legal acts and also referring to the § 3 mentioned above the Customer is allowed to the following:

  • access to your personal data,
  • request to supplement, update, correct personal data, temporary or permanent suspension of their processing or their removal if they are incomplete, out-of-date, incorrect or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
  • the right to lodge a complaint with a supervisory authority if  considers that the Customer Personal Data processing is not compliant with the General Data Protection Regulation no. 2016/679

7. Cookie files constitute information data, in particular text files sent by a server which are stored in the User’s end device (laptop, tablet, phone) and their purpose is the use of the Shop websites.

8. Cookie files that are put on the User’s end device in order to adapt the contents of Shop websites to the User’s preferences and to optimize the use the websites; to carry out analytical and statistical operations.

9. Using the browser whose settings allow recording of cookie files in a computer or any other User’s device means that the User expresses their consent to having the above-mentioned files written to this computer or another device. A refusal to accept cookie files may cause impediments in the use of the Shop.

10. The User can remove cookie files at any time using the available functions in the Internet browser they are using.

§ 10

Out-of-court claim settlement

1. A Customer who is a consumer possesses the following options among others to use out-of-court complaint processing and claim settlement procedures:

  • The Customer is entitled to submit to a permanent arbitration consumer court  at the Trade Inspection a petition concerning settlement of a dispute under the concluded agreement of sale.
  • The Customer is entitled to submit to the Provincial Inspector of Trade Inspection a petition concerning an initiation of mediation proceedings in connection with amicable dispute settlement between the Customer and the Seller.

2. The detailed information concerning the options available to the Customer who is a consumer to use out-of-court complaint processing and claim settlement procedures, the Customer might find: http://www.uokik.gov.pl.

3. If the Customer has a problem with goods or services that purchased online, the Customer can use this platform to make a complaint and have it resolved by an independent dispute resolution body: http://ec.europa.eu/consumers/odr

§ 11

Final provisions

1. Regulations are an integral part of the sales contract between the Customer and the Seller.

2. The present Regulations become into force on the day of publication on the Store’s website

3. The Seller reserves the right to change the Regulations. In case of concluding of a sales contract at the date before the Regulation amendment, the previous Regulation version shall be taken into account.