Terms & conditions and Returns

Terms & conditions and Returns

Hermes Sport

defining the rules of concluding sales agreements through the Store, containing the most important information about the Seller, the Store and the Consumer’s rights
The provisions regarding the Preferred Entrepreneur apply to contracts entered into as of January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Shopping at the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Objections
Attachment No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays.
Consumer – a consumer within the meaning of the Polish Civil Code.
Account – a free-of-charge feature of the Store (service provided electronically), regulated by separate regulations, thanks to which the Buyer can set up his individual account in the Store.
Buyer – any entity buying from the Store.
Privileged Buyer – a Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – an individual who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition is valid for contracts concluded from January 1, 2021).
Regulations – these terms and conditions.
Store – Hermes Sport online store operated by the Seller at www.hermessport.pl.
Seller – Hermes Sport Company Janusz Konrad Jesionkiewicz; entrepreneur conducting business activity, registered in the Central Register and Information on Economic Activity,
VAT PL5691897342, REGON 384670310, located at Parcele Lomskie 15, 06-500 Parcele Lomskie, Poland.

§ 2 CONTACTING THE SELLER

Postal address: Parcele Łomskie 15, 06-500 Parcele Łomskie
E-mail address: office@hermessport.pl 3. Phone: +48 787 044 341

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store you need:
  *device with internet access
  *A web browser that supports JavaScript and cookies.
2. For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE

1. The prices of goods shown in the Store are the total (gross) prices for the goods.
2. The Seller notes that the total price of an order consists of the price for the goods indicated in the Store and, if applicable, the delivery costs of the goods.
3. The goods selected for purchase should be added to the shopping cart in the Store.
4. Then the Buyer selects from the available in the Store: the method of delivery of goods and the method of payment for the order, as well as provides the data necessary to complete the order placed.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
7. The seller will provide the privileged buyer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
8. Buyers can register with the Store, i.e. create an Account with it, or make purchases without registration by providing their data with each possible order.

§ 5 PAYMENTS

1. An order can be paid, depending on the Buyer’s choice:
   *By ordinary bank transfer to the Seller’s bank account;
   *via payment card:
       *Visa
       *Visa Electron
       *MasterCard
       *MasterCard Electronic
       *Maestro
   *via a payment platform:
       *Przelewy24
   *cash on delivery, i.e. by card or cash when the goods are delivered to the Buyer;
   *If the Buyer chooses to pay in advance, the order must be paid for within 3 Business Days of placing the order.

2. By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
3. If there is a need for a refund for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the payment card of the ordering party.

§ 6 ORDER EXECUTION

1. The seller is obliged to deliver goods without defects.
2. The lead time of the order is indicated in the Store.
3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to process the order after payment.
4. In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
5. Goods are delivered exclusively in the territory of the Republic of Poland.
6. Goods purchased from the Store are delivered depending on which delivery method the Buyer has chosen:
   *o Through a courier company

§ 7 RIGHT OF WITHDRAWAL

1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawal expires after 14 days from the date:

 *in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
 *in which the Priority Buyer took possession of the last of the items or in which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last of the items in the case of a contract obligating the transfer of ownership of multiple items that are delivered separately.
3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
4. A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
5. In order to comply with the deadline for withdrawal, it is sufficient for the privileged Buyer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.

§ CONSEQUENCES OF WITHDRAWAL

6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right to withdraw from the contract.
7. The Seller will refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer will not incur any fees in connection with this refund.
8. The seller may withhold reimbursement until it receives the goods or until it is provided with proof of their return, whichever event occurs first.
9. The Seller asks to return the goods to the address: Parcele Łomskie 15, 06-500 Parcele Łomskie immediately, and in any case no later than 14 days from the day on which the privileged buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the privileged buyer sends back the goods before the expiration of the 14-day period.
10. The privileged buyer shall bear the direct costs of returning the goods.
11. If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
12. If there is a need for a refund of funds for a transaction made by a Buyer with a privileged payment card, the Seller will make the refund to the bank account assigned to that
payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to the contract:

   * in which the object of performance is a non- refabricated item, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
   * in which the object of performance is an item that is perishable or has a short shelf life;
   * in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
   * in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
   * in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
   * for the supply of daily newspapers, periodicals or magazines, except  for a subscription contract;
   * in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer has the option of claiming the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.
2. Using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
   * Make a statement on price reduction,
   * With a material defect – make a declaration of withdrawal from the contract,
   * Demand that the item be replaced with a defect-free one,
   * Demand removal of the defect.
4. The Seller requests that complaints on the basis of warranty be submitted to the postal or electronic address indicated in
§ 2 of the Terms and Conditions.
The warranty applies to the seller for a period of 2 years from the date of delivery of the item to the buyer
5. If it turns out that it is necessary to deliver the defective goods to the Seller in order to consider the complaint, the Buyer is obliged to deliver these goods, in the case of a privileged Buyer – at the expense of the Seller, to the address Parcele Łomskie 15, 06-500 Parcele Łomskie;
6. If the goods are additionally covered by a warranty, information about it, as well as its terms, is available in the product description in the Store.
7. Complaints about the operation of the Store should be addressed to the e-mail address indicated in § 2 of the Regulations.
8. The Seller will consider the complaint within 14 days.

OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

7. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
   * mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https:// www.uokik.gov.pl/wazne_adresy.php#faq595;
   * assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https:// www.uokik.gov.pl/wazne_adresy.php#faq596;
   * free assistance from the city or county consumer ombudsman;
   * ODR’s online platform available at: https:// ec.europa.eu/consumers/odr/main/? event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller
    – including other purposes and grounds for data processing, as well as recipients of the data – can be found in the Privacy Policy available at the Store – due to the principle of transparency, contained in the General data protection regulation – “GDPR“.
  2.  The purpose of the processing of Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:
       * contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
    Vendor’s legal obligation related to accounting (Article 6(1)(c)), and
       * Vendor’s legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
    3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
    4. Buyer’s data provided in connection with purchases in the Store will be processed until:
       * the contract concluded between the Buyer and the Seller will cease to be in force;
       * the Seller will cease to be under a legal obligation, obliging him to process the Buyer’s data;
       * the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
       * the Buyer’s objection to the processing of his personal data is accepted – in case the basis of data processing was the legitimate interest of the Seller

            * depending on what is applicable in the case and what will happen at the latest.

5. The buyer is entitled to demand:
   * Access to their personal data,
   * Their rectification, removal,
   * processing restrictions,
   * transfer of data to another controller
   * as well as the right: to object at any time to the processing of data on grounds related to the Buyer’s particular situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the controller).

6. In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.

§ 11 RESERVATIONS

  1. It is prohibited for the Buyer to provide unlawful content.
  2.  Each time an order is placed in the Store, it constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
  3. Contracts concluded on the basis of the Regulations are concluded in the Polish language.
  4. In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.

Appendix 1 to the Regulations
Below is a sample withdrawal form, which the Consumer or Privileged Entrepreneur may or may not use:
MODEL WITHDRAWAL FORM

Account Terms and Conditions

in the Hermes Sport store
The provisions regarding the Preferred Entrepreneur apply to contracts entered into as of January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Information
§ 7 Objections

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the Civil Code. Account – a free-of-charge feature of the Store (service) regulated in the Regulations, thanks to which the Buyer can set up his individual account in the Store.
Buyer – any entity buying from the Store.
Privileged Buyer – a Consumer or Privileged Entrepreneur. Privileged Entrepreneur – a natural person who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition is valid for contracts concluded from January 1, 2021).
Regulations – these regulations of the Account.
Store – Hermes Sport online store operated by the Seller at https://www.hermessport.pl.
Seller – Hermes Sport Company Janusz Konrad Jesionkiewicz, entrepreneur conducting business activity , registered in the Central Register and Information on Business Activity conducted by the minister responsible for economy and keeping the Central Register and Information on Business Activity, NIP 5691897342, REGON 384670310 Parcele Łomskie 15, 06-500 Parcele Łomskie.

§ 2 CONTACTING THE SELLER

Postal address: Parcele Łomskie 15, 06-500 Parcele Łomskie E-mail address: office@hermessport.pl
Phone: +48 787 044 341

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning and establishment of the Account you need:
active e-mail account
device with internet access
A web browser that supports JavaScript and cookies

§ 4 ACCOUNT

The creation of an Account is completely voluntary and depends on the will of the Buyer.
The account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer’s data on his own.
In order to create an Account, you need to fill out the appropriate form in the Store.
At the moment of creating an Account, a contract is concluded for an indefinite period of time between the Buyer and the Seller with regard to the maintenance of the Account under the terms indicated in the Regulations.
The Buyer may cancel the Account at any time without any cost.
In order to cancel the Account, you must send your cancellation to the Seller at the e-mail address: office@hermessport.pl, which will result in immediate deletion of the Account and termination of the contract for the Account.

§ 5 COMPLAINTS

Complaints about the functioning of the Account should be sent to the e-mail address office@hermessport.pl
The Seller will consider the complaint within 14 days. JUDICIAL MATTERS FOR DISPUTING COMPLAINTS AND RECEIVING CLAIMS
If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: https:// www.uokik.gov.pl/wazne_adresy.php#faq595;
assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https:// www.uokik.gov.pl/wazne_adresy.php#faq596;
free assistance from the city or county consumer ombudsman;
ODR’s online platform available at: https:// ec.europa.eu/consumers/odr/main/? event=main.home.howitworks.

§ 6. PERSONAL DATA

The administrator of the personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller
including other purposes and grounds for data processing, as well as recipients of the data, can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the general regulation of the European Parliament and the Council (EU) on data protection
“RODO”.
The purpose of processing the Buyer’s data is to maintain the Account. The basis for the processing of personal data in this case is a contract for the provision of services or actions taken at the request of the Buyer aimed at concluding such a contract (Article 6(1)(b) RODO), as well as the legitimate interest of the Seller, consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
Provision of data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the service of maintaining the Account.
Buyer’s data will be processed until:
The account will be deleted by the Buyer or Seller at the request of the Buyer
the possibility of asserting claims by the Buyer or Seller related to the Account will cease;
the Buyer’s objection to the processing of his personal data is accepted – where the basis of the data processing was the legitimate interest of the Seller – whichever is applicable in the case and which occurs at the latest.
The buyer is entitled to demand:
Access to their personal data,
their rectification,
removals,

processing restrictions,
Transfer of data to another controller and also the right:
object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the controller).
In order to exercise their rights, the Buyer should contact the Seller.
If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.

§ 7. RESERVATIONS

It is prohibited for the Buyer to provide unlawful content.
The Agreement with respect to the maintenance of the Account is concluded in the Polish language.
In case of important reasons referred to in paragraph 4, the Seller has the right to amend the Terms and Conditions.
Valid reasons referred to in paragraph 3 are:
the need to adapt the Store to the laws applicable to the Store’s operations
improve the security of the service provided
change in the functionality of the Account requiring modification of the Terms and Conditions.
The Buyer will be informed of the planned change to the Terms and Conditions at least 7 days before the change takes effect via an e-mail sent to the address assigned to the Account.
In the event that the Buyer does not accept the planned change, the Buyer should inform the Seller by sending an appropriate message to the Seller’s e-mail address office@hermessport.pl, resulting in termination of the Account agreement as of the effective date of the planned change, or earlier if the Buyer makes such a request.
In a situation where the Buyer does not object to the planned change by the time it comes into effect, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the contract in the future.
In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.

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