Store regulations

Terms and conditions of the online store

Download as PDF

§ 1
Preliminary provisions

  1. The Heuresis online store, available at the Internet address https://www.heuresis.pl/pl/sklep, is operated by Heuresis Sp. z o.o., located in Kraków, at ul. Syrokomli 11/8, 30-102, entered in the National Court Register by the District Court for Kraków - Śródmieście in Kraków, XI Economic Department of the National Court Register under the KRS number 0000009246, with the share capital of PLN 4,200, NIP 6751244510, REGON 357223841.
  2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules for the use of the Online Store and the principles and procedures for concluding Distance Sales Contracts with the Customer through the Store.

§ 2
Definitions

  1. Consumer - a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to his/her economic or professional activity.
  2. Seller - Heuresis Sp. z o.o., based in Krakow, Syrokomli Street 11/8, postal code 30-102, entered in the National Court Register by the District Court for Krakow - Śródmieście in Krakow, XI Economic Department of the National Court Register under the KRS number 0000009246, with share capital of PLN 4,200, NIP 6751244510, REGON 357223841.
  3. Customer - any entity making purchases through the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Store.
  5. Store - an online store operated by the Seller at the Internet address https://www.heuresis.pl/pl/sklep.
  6. Contract concluded at adistance - a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations - these regulations of the Store.
  8. Order - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
  9. Account - Customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
  10. Registration form - a form available in the Store that allows creating an Account.
  11. Orderform - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. ShoppingCart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the details of the Order, in particular the quantity of products.
  13. Product - a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
  14. SalesAgreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood to mean - in accordance with the characteristics of the Product - a contract for the provision of services and a contract for work.

§ 3
Contact with the Store

  1. Seller's address: 11/8 Syrokomli St., 30-102 Kraków
  2. Seller's e-mail address: biuro@heuresis.pl
  3. Seller's phone number: 12 294 04 62
  4. Seller's bank account number 24 1020 2892 0000 5002 0689 1776
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  6. The Customer may communicate with the Seller by telephone between 8:00 a.m. and 4:00 p.m

§ 4
Technical requirements

In order to use the Online Store, the User should have:

  1. A computer or other multimedia device with access to the Internet;
  2. An operating system capable of running a web browser;
  3. An Internet browser, but for the proper functioning of the Online Store the browser should accept cookies;
  4. A user registering an account with the Online Store or placing an order should additionally have an e-mail address.

§ 5
General information

  1. To the fullest extent permitted by law, the Seller shall not be liable for any interference, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
  2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Rules and Regulations or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
  3. Prices given in the Store are given in Polish zloty and are net prices (they do not include VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product, about which the Customer is informed on the Store's website during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement, and VAT.
  5. When the nature of the subject matter of the Agreement does not allow, reasonably judging, to calculate the amount of the final (final) price in advance, the information about how the price will be calculated, as well as the fees for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.

§ 6
Setting up an Account in the Store

  1. In order to create an Account in the Store, it is necessary to fill in the Registration Form. It is necessary to provide the following data: e-mail address, name and surname or company name, address.
  2. Setting up an Account in the Store is free of charge.
  3. Logging into the Account is done by providing the login and password established in the Registration Form.
  4. The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.

§ 7
Rules for placing an Order

In order to place an Order you should:

  1. log in to the Store (optional);
  2. select the Product that is the subject of the Order, and then click the "Add to cart" button (or equivalent);
  3. log in or use the option of placing an Order without registration;
  4. if the option of placing an Order without registration has been selected - fill out the Order Form by entering the data of the recipient of the Order and enter the invoice data;
  5. select one of the available payment methods and, depending on the payment method, pay for the Order within the specified period, subject to § 8 item 3;
  6. click the "Pay and finalize order" button.

§ 8
Delivery and payment methods offered

  1. Delivery of products is made via the Internet and is free of charge.
  2. After the Customer purchases and pays for the order, an account is created for the Customer on the e-learning platform belonging to the Seller, where the Product will be fully available to the Customer for the purchased period of time. At the same time, after the purchase and payment of the order, the access data to the Customer's account on the platform are sent by e-mail to the e-mail address previously provided by the Customer.
  3. The customer can use the following payment methods:
    1. through the system (Przelewy24);
    2. by traditional transfer (NOTE: processing of an order paid by this method takes several hours of a business day from the moment of transfer);
    3. payment in installments - after selecting this option, the Seller contacts the Customer to agree on the number of installments and payment dates, no additional costs are charged.
  4. The Seller will confirm the registration of the order by sending to the e-mail address indicated by the Customer during registration, confirmation of order acceptance.

§ 9
Execution of the Sales Agreement

  1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
  3. In case of payment by the Customer through the system or by traditional transfer, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
  4. If the Customer chooses the option of payment by installments, the Customer is obliged to contact the Seller within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
  5. The beginning of the term of delivery of the Product to the Customer is calculated as follows: If the Customer chooses the method of payment through the system or by bank transfer, - from the date of crediting the Seller's bank account. In the case of choosing the option of payment in installments - from the day agreed between the Customer and the Seller.
  6. Due to the type/specificity of the sold Product, its distribution is carried out exclusively via the Internet. Consequently, the ability to access the Product is not related to the customer's current location. However, it is necessary to meet all the conditions described in the Regulations.

§ 10
Right of withdrawal

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The course of the period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person other than a carrier indicated by the Consumer.
  3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the deadline.
  4. The statement may be sent by traditional mail or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and the Appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.
  5. If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
  6. Effects of withdrawal from the Agreement:
    1. In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
    2. In the event of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, all payments made by the Consumer.
    3. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
  7. The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
    1. provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the Seller's performance he will lose the right to withdraw from the Agreement,
    2. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
    3. delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement,

§ 11
Complaint

  1. In case of a defect in a Product purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
  2. Complaints should be submitted in writing or electronically to the Seller's addresses given in these Regulations.
  3. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint and the Customer's demand in connection with the defect of the goods.
  4. The Seller shall respond to the complaint demand immediately, but no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer's demand is considered justified.

§ 12
Out-of-court ways of dealing with complaints and claims

  1. Detailed information on the Consumer's possibility to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web 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 and
    http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of out-of-court ways of dealing with complaints and claims:
    1. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
    2. The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
    3. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

§ 13
Personal data in the Online Store

  1. The administrator of Customers' personal data collected via the Online Store is the Seller.
  2. Customers' personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  3. Recipients of personal data of Customers of the Online Store may be:
    1. In the case of a Customer who uses the electronic payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
  4. The Customer has the right to access the content of his/her data and to correct them.
  5. Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.

§ 14
Final provisions

  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
  3. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Law on Provision of Electronic Services; the Law on Consumer Rights, the Law on Personal Data Protection.
  4. The customer has the right to use out-of-court ways of handling complaints and claims. For this purpose, he/she may file a complaint through the EU online ODR platform available at:
    http://ec.europa.eu/consumers/odr/.