hopahopa.pl Online Store
These Terms and Conditions define the rules for the provision of sales services via the website of the online store operating under the domain: www.hopahopa.pl. This document is required under Art. 13 of the Act of 30 May 2014 on CONSUMER Rights (Journal of Laws of 2014, item 827). The SELLER and ADMINISTRATOR of the online store is:
Magdalena Peterson-Kraft
Address: ul. Kwarty 25/E
02-991 Warsaw
CORRESPONDENCE and SHIPMENT ADDRESS: as above
Tel. +48 516 088 749
Email: kontakt@hopahopa.pl
Company registered in the Central Registration and Information on Business (CEIDG) under Tax Identification Number (NIP): 834 167 41 46
Before placing an order, the BUYER has the right to negotiate all provisions of the contract with the Seller, including those amending the provisions of these Terms and Conditions, within the limits permitted by law. These negotiations must be in writing to be valid. If the BUYER waives the option to conclude a contract through individual negotiations, the following terms and conditions shall apply.
ONLINE STORE – means that the AGREEMENT for the sale or provision of services is concluded electronically and, if the CONSUMER is a party to the contract, it is conducted under the terms described in the Act of May 30, 2014, on CONSUMER Rights (Journal of Laws of 2014, item 827).
CUSTOMER – a natural person, as well as a legal person, or an organizational unit without legal personality, to which special provisions grant legal capacity, and which concludes or intends to conclude a contract or uses other services offered through the ONLINE STORE website.
CONSUMER – a natural person entering into a legal transaction with the SELLER that is not directly related to their business activity – precise definition – Civil Code Article 22.
PRODUCT – an item offered for sale or a service offered in the ONLINE STORE.
TERMS AND CONDITIONS – these ONLINE STORE Terms and Conditions.
SALES AGREEMENT – a distance sales agreement for a PRODUCT concluded via the ONLINE STORE.
ORDER – a declaration submitted electronically or by telephone of the intention to conclude a contract (ordering a product or service).
NEWSLETTER – a service provided electronically by the SELLER, consisting of sending commercial and advertising information to the email address provided by the interested party.
GENERAL PROVISIONS
Scope of activity – mail order sales via the website of items for babies and young children – in particular, proprietary products under the HOPAHOPA.pl brand.
CUSTOMER – is obligated to enter data into the system that is accurate, lawful, and in accordance with good practice. The data provided must not infringe upon the personal rights or property rights of third parties.
The SELLER is a VAT payer and issues a sales document for each product sale – a receipt or, at the Customer’s express request, an invoice.
Commercial information – price lists, descriptions, advertisements, and other information about the Products found on the SELLER’S website – constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.
ORDERS
The ONLINE STORE processes orders with shipping to Poland and abroad.
Before placing an order, the CUSTOMER must read these TERMS AND CONDITIONS. The CUSTOMER expressly confirms that they have read and accepted all provisions of these Terms and Conditions upon registration in the system and before final confirmation of the order. The order form will not be accepted without such confirmation.
Orders can be placed electronically 24 hours a day, 7 days a week.
Orders can be placed by phone at the telephone number provided in the CONTACT tab. In the case of a distance contract concluded by telephone, the SELLER confirms the content of the proposed contract by sending it to the CUSTOMER on paper or another durable medium. For the contract to be valid, the CONSUMER submits a declaration of acceptance of the terms and conditions and conclusion of the contract – this declaration is effective if it is recorded on paper or another durable medium after receiving confirmation from the SELLER.
The order (preparation and shipment of PRODUCTS) by the SELLER takes place:
a) after order confirmation – if cash on delivery was selected;
b) after receiving payment in the account – if prepayment was selected.
c) for card payments – from the moment of obtaining positive authorization.
The order processing time for products in stock is no longer than 5 business days, counting from the date specified in the previous point. In most cases, we process orders within 3-5 days. For products offered by us,For custom-made products, the delivery date will be specified when placing the order.
PRICES
The product prices listed in the store are in Polish currency and are gross prices (they include legally required taxes, including VAT).
The product prices do not include shipping costs.
The price binding on the CUSTOMER is the price current at the time of order placement.
PAYMENT METHODS
cash on delivery – upon receipt of the shipped products;
prepayment – by bank transfer to the bank account provided in the SELLER’s details or sent in the order confirmation;
– Electronic payments and card payments via Przelewy24, owned by: PayPro SA, ul. Kanclerska 15, 60-327 Poznań, NIP: 779-236-98-87 | Regon:301345068
If payment is selected by prepayment via bank transfer, the CUSTOMER is obligated to pay the price under the Sales Agreement within 7 days of its conclusion, unless the Parties to the Sales Agreement agree otherwise.
The SELLER has the right to limit the available payment methods, including requiring prepayment in full or in part.
SHIPPING
Shipping costs are borne by the CUSTOMER unless the product description states otherwise.
The CUSTOMER is informed of the costs when completing the interactive order form, selects the method, and accepts the shipping costs when placing the ORDER.
For international shipments, shipping costs and delivery times are determined individually.
Purchased products are shipped via postal service or courier.
If the customer has selected the “cash on delivery” shipping option, the customer is obligated to collect the ordered products. If the customer, for any reason, fails to collect the shipment, the SELLER has the right to withdraw from the contract on the date of return receipt of the uncollected shipment.
RETURN OF GOODS
Pursuant to Article 27 of the Consumer Rights Act (Journal of Laws of 2014, item 827), the CONSUMER entering into a “distance contract” has the right to withdraw from the contract without giving a reason within 14 calendar days from the date of taking possession of the PRODUCT. In the event of withdrawal, the CONSUMER is entitled to a refund of the costs incurred. If, at the time of concluding the contract, the CONSUMER selected a delivery method other than the cheapest method offered by the SELLER, the SELLER is not obliged to reimburse the CONSUMER for any additional costs incurred in excess of the cheapest method. A condition for meeting this deadline is submitting a declaration of withdrawal to the SELLER within this timeframe. A declaration sent electronically is also valid. If the declaration is submitted electronically, the SELLER will immediately send the CONSUMER a confirmation of receipt of the declaration of withdrawal from the contract on a durable medium.
After sending the declaration, the CONSUMER is obligated to return the product to the CORRESPONDENCE address provided in the SELLER’s contact details within 14 calendar days (counted from the date of sending the declaration of withdrawal from the contract) – unless the SELLER has offered to collect the PRODUCT themselves. The shipment date determines compliance with this deadline.
The CONSUMER is liable for any diminished value of the item resulting from handling it in a manner other than necessary to establish the nature, characteristics, and functioning of the item.
The SELLER will refund the payments made within 14 calendar days, EXCLUDING the costs of shipping the item from the SELLER to the CONSUMER. However, the SELLER may withhold the refund until the item is received back or the CONSUMER provides proof of sending it back – whichever occurs first. The SELLER will refund the payment using the same payment method used by the CONSUMER, unless the CONSUMER has expressly agreed to a different refund method that does not incur any additional costs.
If a refund is required for a transaction made by the Customer with a payment card, the SELLER will refund the funds to the bank account associated with the Ordering Party’s payment card.
The direct costs of returning the PRODUCT to the SELLER are borne by the CONSUMER (CUSTOMER).
The CONSUMER does not have the right to withdraw from a distance contract in the cases listed in the appendix.
The SELLER does not accept shipments sent “cash on delivery.” The return shipment should be adequately protected against damage in transit.
WARRANTY/GUARANTEE
The SELLER is obligated to deliver the PRODUCT subject to the contract free of defects.
The SELLER is liable under the warranty for physical defects that existed at the time the risk passed to the buyer or resulted from a cause inherent in the item sold at the same time – for a period of 2 years.
The SELLER informs that in the case of PRODUCTS also covered by the warranty, the buyer’s rights and the guarantor’s obligations in this respect are defined and should bePerform them in accordance with the terms set out in the WARRANTY CARD. The WARRANTY granted for the sold PRODUCT is an additional right and does not exclude, limit, or suspend the CONSUMER’s rights under the SELLER’s liability under the provisions of the warranty for defects in sold goods (Article 577 of the Civil Code).
The SELLER is released from liability under the warranty if the CONSUMER was aware of the defect at the time of concluding the contract.
If a defect or non-conformity of the delivered PRODUCT with the contract is detected, the CONSUMER has the right to file a complaint.
To file a complaint, we recommend that the CONSUMER complete a complaint form or otherwise describe the basis for the complaint and the request for removal of the defects and submit the complaint electronically (e-mail) or by post to the SELLER’s correspondence address provided in the header.
Defective PRODUCT – in agreement with the SELLER, if possible and reasonable, the CONSUMER exercising warranty rights will be obligated to deliver the item at the SELLER’s expense to the location specified in the sales contract, or if no such location is specified in the contract, to the location where the item was delivered to the CONSUMER. If, due to the nature of the item or the manner of its installation, delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER is obligated to make the item available to the SELLER at the location where the item is located.
If the sold item is defective, the CUSTOMER may submit a declaration requesting a price reduction or withdrawal from the contract, unless the SELLER immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER, or if the SELLER has failed to fulfill the obligation to replace the item with a defect-free item or to remove the defect.
If the BUYER is a CONSUMER, they may, instead of the Seller’s proposed removal of the defect, request replacement of the item with a defect-free item or, instead of replacement of the item, request removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free item, the type and significance of the identified defect, and the inconvenience to which the Buyer would be exposed by another method of satisfaction are also taken into account.
The reduced price should be proportional to the price resulting from the contract to the extent that the value of the item with the defect is proportional to the value of the item without the defect.
The BUYER cannot withdraw from the contract if the defect is immaterial.
The SELLER will review the complaint without undue delay. No later than 14 calendar days from the date of receipt of the complaint, and will inform the CONSUMER in writing or electronically about the status of the complaint within this time. Leaving the complaint unanswered within this time period is deemed to be acknowledgment of the complaint.
If the complaint is accepted, the SELLER will reimburse the CONSUMER for the costs incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to their bank account.
If the complaint is accepted, the SELLER will return the product to the CONSUMER at their own expense.
ELECTRONIC SERVICES AND TECHNICAL CONDITIONS FOR USE OF THE WEBSITE
The SELLER – to facilitate the conclusion of a contract, provides the following services through the online store’s website:
creating and administering the CUSTOMER account in the online store;
processing the product order form in the online store;
with the CUSTOMER’s consent, sending commercial information, promotional offers, etc. in the form of a “newsletter” service.
The provision of electronic services in the aforementioned scope is free of charge. The agreement for the provision of electronic services consisting in the management and administration of the CUSTOMER’s Account on the WEBSITE is concluded for an indefinite period. The moment of conclusion is deemed the completion of the CUSTOMER’s registration process on the WEBSITE. The agreement for the provision of electronic services consisting in enabling the placement of an Order in the Online Store by completing an order form is concluded for a fixed period – for the period of completing and processing the order – and terminates upon submission and acceptance of the Order. The “newsletter” service is concluded for an indefinite period. The agreement is concluded upon consent to the sending of messages to the CUSTOMER’s address provided during registration. The CONSUMER may withdraw from the service contract without giving reasons within 14 days of concluding the contract – except if the service provision begins before the expiry of this period with the CONSUMER’s consent – by submitting a declaration of withdrawal to the entrepreneur:
using the electronic withdrawal form template,
by email or in writing to the registered office address of the SELLER (SERVICE PROVIDER)
in the case of servicesUnder an agreement concluded for an indefinite period, both parties have the right to terminate the agreement:
The CONSUMER may terminate the agreement for the provision of electronic services at any time by submitting an appropriate declaration in electronic or written form to the SELLER’s address. The SELLER will immediately confirm receipt of the declaration. Within 7 days of receiving the termination notice, the SELLER will remove any personal data protection records related to the service and cease providing it.
The SELLER may terminate the agreement for the provision of electronic services if the CONSUMER objectively and unlawfully violates the Terms and Conditions, with a notice period of 30 days from the date of the notice. If both parties to the agreement are entrepreneurs, the SELLER may, in such a situation, terminate the agreement for the provision of Electronic Services with immediate effect.
The SELLER and the CUSTOMER may terminate the agreement for the provision of electronic services at any time by mutual agreement.
Complaints will be reviewed promptly, no later than within 14 days. Failure to review the complaint within this period will constitute acceptance of the complaint. To interact with the SERVICE PROVIDER’s IT system, the CUSTOMER must have access to a computer or other device capable of communicating with the STORE website via the internet. In the case of a computer, the system must be equipped with a web browser (for example: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, or another device with similar parameters). Recommended monitor resolution: no lower than 1024×768. Mobile devices must be equipped with software – provided by the device manufacturer – enabling the performance of operations equivalent to those of the aforementioned computer browsers. An active email account is also required. To fully utilize all the ONLINE STORE features, JavaScript and cookies must be enabled. The use of scripts and cookies is discussed in the PRIVACY POLICY located in the tab on the ONLINE STORE website. PERSONAL DATA PROCESSING AND PROTECTION
The SELLER is the controller of the CUSTOMER’s Personal Data processed in connection with the use of the ONLINE STORE.
Providing personal data and consenting to its processing are entirely voluntary. All personal data provided to us is processed only to the extent and for the purpose for which the CUSTOMER has consented. If the CUSTOMER does not provide the data required to process the order and does not consent to its processing, the order may not be fulfilled.
The Administrator ensures the security of the data provided and the implementation of CUSTOMER rights arising from the GDPR. The CUSTOMER has the right to access their personal data and to rectify it or request its complete deletion (unless this is contrary to legal provisions) or to restrict the processing of their personal data at any time. To do this, they can use the user account data update function in the store program or send a request (e.g., to the email address provided) specifying the request for changes or deletion from the records.
The CUSTOMER has the right to receive their data in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller, without hindrance from the CONTROLLER from whom the data will be retrieved (Article 20, Section 1). Where technically feasible, the CUSTOMER may request the CONTROLLER to transmit their data directly to another controller (Article 20, Section 2).
The CONTROLLER may refuse to delete the CUSTOMER’s data only in cases specified by applicable law, in particular if the CUSTOMER has not paid all amounts due to the CONTROLLER.
To process the contract, the following CONSUMER data must be provided:
surname and first name,
delivery address,
email address,
contact telephone number,
in the case of a company, also the company name and Tax Identification Number.
All personal data provided during the ordering process is used solely for the formation, conclusion, amendment, or termination of the Agreement between the SERVICE PROVIDER and the CUSTOMER and the execution of the Sales Agreement or the Agreement for the provision of Electronic Services or the fulfillment of the order and is not made available to other institutions or third parties – except for those described in point 6. In the case of the sale of products through the ONLINE STORE for the purpose of delivering products to the CUSTOMER, the personal data required for addressing and delivering the shipment is transferred to companies professionally engaged in the delivery of parcels – in particular Poczta Polska (Polish Post Office), and courier companies – together with entrusting the shipment for delivery. If the CUSTOMER consents to the processing of their data for marketing purposes and the sending of commercial information and subscribes to the list of subscribersThe CLIENT will receive a “newsletter” at the email address they provided. The CLIENT may unsubscribe from the newsletter service at any time.
FINAL PROVISIONS
The agreement is concluded in Polish and under the jurisdiction of Polish law. However, this choice does not deprive the CONSUMER of the protection afforded by provisions that cannot be derogated from by agreement, under the law of the country in which the CONSUMER has their habitual residence, and the entrepreneur directs their business activities to that country, and the agreement falls within the scope of that business activity.
The provisions of these TERMS AND CONDITIONS are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended) – to which they are entitled under applicable law. In the event of any inconsistency between the provisions of these TERMS AND CONDITIONS and the above provisions, those provisions shall prevail.
The Terms and Conditions are available at all times in the TERMS AND CONDITIONS tab on the SELLER’S website and may be copied and printed by the Buyer at any time. The Terms and Conditions may also be sent at any time by email or post at the CUSTOMER’s request. The Terms and Conditions, along with any attachments, are also delivered to CUSTOMERS as an attachment to the email confirming the order and conclusion of the contract.
In matters not regulated by these Terms and Conditions, the applicable provisions of law will apply, in particular:
The Act of 23 April 1964 – the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended);
The Act of 29 August 1997 – Personal Data Protection (Journal of Laws 2002, No. 101, item 926, as amended) – in effect until May 24, 2018;
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) – hereinafter referred to as the GDPR – and related provisions – effective from 25 May 2018.
Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013, item 1422);
Act of 30 June 2000 on Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended);
Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631, as amended),
Act of May 30, 2014, on CONSUMER Rights (Journal of Laws of 2014, item 827)
If the TERMS AND CONDITIONS contain provisions that conflict with the above-mentioned or other applicable laws in the Republic of Poland, such provisions shall take precedence over the wording of the TERMS AND CONDITIONS.
If any provision of these TERMS AND CONDITIONS is deemed unlawful, invalid, or otherwise unenforceable to the extent permitted by law, it shall be excluded to that extent. The remaining provisions of the TERMS AND CONDITIONS shall remain in effect.
All PRODUCT names offered for sale by the ONLINE STORE are used for identification purposes and may be protected and registered under the provisions of the Industrial Property Law (Journal of Laws of 2001, No. 49, item 5081, as amended).
All photos posted on the WEBSITE are protected under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 1994, No. 24, item 83, as amended) – they have a creative and individual character. They may not be copied without the consent of the Website Administrator.
In the event of any disputes related to the performance of the concluded contract, the parties will endeavor to resolve the dispute through out-of-court amicable proceedings, including mediation. If the dispute is not resolved amicably, the competent court will be the Common Court.
RETURN FORM: https://hopahopa.pl/Formularz-zwrotu.pdf
