Regulations

ONLINE STORE REGULATIONS

§ 1

Introductory provisions

  1. Online Store ha! ha !, available at haha.com.pl, is run by Nina Peret (ul. Sienkiewicza 67, 39-300 Mielec)
  2. These online store regulations, hereinafter referred to as the “Regulations”, define the rules of operation of the online store run under the name haha! at the internet address haha.com.pl, hereinafter referred to as the “Store”, and the conditions for concluding and implementing sales contracts with buyers via the Store.

 

§ 2

Definitions

  1. Dealer:

Wyszukiwanki Nina Peret,

Sienkiewicza 67,

39-300 Mielec

Adres email: sklep@haha.com.pl

NIP: 894-263-14-66

REGON: 388202830

Nr konta MBank: 39114020040000380280971894

  1. Customer – any adult with legal capacity making purchases through the Store related directly to their business or professional activity.
  2. Consumer – any adult with legal capacity making purchases through the Store not directly related to their business or professional activity.
  3. Buyer – both the Consumer and the Customer.
  4. Store – a website run by the Seller at the internet address haha.com.pl/en
  5. Agreement – an agreement concluded outside the entrepreneur’s premises or at a distance within the meaning of the Act on consumer rights of May 30, 2014 in the case of Consumers and a sales agreement within the meaning of art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers
  6. Regulations – these Store regulations
  7. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller
  8. Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store. Registration form – a form available in the Store that allows you to create an Account
  9. Registration form – a form available in the Store that allows you to create an Account
  10. Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment
  11. Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data.
  12. Product – a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  13. Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store

 

§ 3

General conditions

  1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
  2. The number and type of Products offered in the Store are variable and are constantly updated.
  3.  The prices of goods in the Store are expressed in Polish zlotys. Prices include VAT, but do not include shipping costs, which will be calculated and communicated to the Buyer before the final approval of the order. The price for a given product is binding on the Buyer at the time of placing the order.
  4. The place of issue of the product must be in the territory of the Republic of Poland.
  5. Correspondence address: Nina Peret, Zagórzańska 50F / 1, 04-965 Warsaw, email address: sklep@haha.com.pl
  6. The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.

§ 4

Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, you must have:

  1. terminal device with access to the Internet and a web browser
  2. an active e-mail account (e-mail)
  3. enabled cookies

 

§ 5

General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Buyer.
  2. Viewing the Store’s assortment 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 Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

 

§ 7

Rules for placing an Order

In order to place an Order:

  1. Select the Product that is the subject of the Order, and then click the “Add to Cart” button.
  2. If the option of placing an Order without registration has been chosen – fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient’s details.
  3. Click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the e-mail.
  4. Choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
  5. Orders can be placed 24 hours a day.
  6. If the Customer chooses the method of payment by bank transfer, electronic payment or credit card.
  7. The order processing time is counted from the date of crediting the Seller’s bank account. The delivery time of individual products is marked in the description of each product.

 

§ 8

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. DPD courier service
    2. Pickup in person, upon prior appointment
  2. The customer can use the following payment methods:
    1. Traditional transfer
    2. Electronic transfer
  3. The entity providing online payment services is Blue Media S.A. Payment methods available. Credit cards:
    1. Visa
    2. Visa Electron
    3. Mastercard
    4. MasterCard Electronic
    5. Maestro
  4. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.

§ 9

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Buyer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Seller an appropriate e-mail to the Buyer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Buyer of the above e-mail, a Sales Agreement is concluded between the Buyer and the Seller Sprzedaży między Kupującym a Sprzedawcą.
  3. If the Buyer chooses:
    1. payment by bank transfer, the Buyer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
    2. cash payment on personal collection of the parcel, the Customer is obliged to make the payment on delivery of the parcel within 7 days from the date of receipt of information about the readiness of the parcel for collection.
  4. If the Buyer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Buyer when placing the Order.
  5. In the case of ordering Products with different delivery times, the delivery date is the longest given date.
  6. The beginning of the period of delivery of the Product to the Buyer is counted if the Buyer chooses the method of payment by bank transfer from the date of crediting the Seller’s bank account.
  7. If the Buyer chooses to collect the Product in person, the Product will be ready for collection by the Buyer within the time specified in the Product description. The Buyer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Buyer’s e-mail address provided when placing the Order.
  8. The beginning of the period of readiness of the Product for collection by the Buyer is counted as follows:
    1. If the Buyer chooses the method of payment by bank transfer, – from the date of crediting the Seller’s bank account.
    2. If the Buyer chooses cash on delivery – from the date of the Sale Agreement.
  9. The delivery of the Product to the Buyer is payable. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Buyer on the Online Store’s website when placing an Order, including when the Customer expresses his will to be bound by a Sales Agreement.
  10. Personal collection of the Product by the Buyer is free of charge.

 

§ 10

The right to withdraw from the contract

  1. The Buyer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Buyer or a person other than the carrier designated by him.
  3. The Buyer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
  4. The statement may be sent by traditional mail or by e-mail by sending the statement to the Seller’s e-mail address – the Seller’s contact details are specified in § 3.
  5. If the Buyer sends the declaration by e-mail, the Seller will send the Buyer to the e-mail address provided by the Buyer confirmation of receipt of the declaration of withdrawal from the Agreement within 2 business days.
  6. Consequences of withdrawal from the Agreement:
    1. In the event of withdrawal from a Distance Agreement, the Agreement shall be considered void.
    2. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Buyer, not later than within 14 days from the date of receipt of the Buyer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest standard delivery method offered by the Seller.
    3. The reimbursement will be made by the Seller using the same payment methods that were used by the Buyer in the original transaction, unless the Buyer has expressly agreed to a different solution that will not involve any costs for him.
    4. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
    5. The Buyer should send the Product back to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
    6. The buyer sends back the items that are the subject of the contract from which he withdrew at his own expense and risk.
    7. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
  7. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Buyer’s specification or serving to satisfy his individual needs
    2. for the provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed prior to the commencement of the provision that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement
  1.  

 

§ 11

Complaint and warranty

  1. The Sale Agreement covers new and used Products. The condition of each used Product is described in detail on the Store’s website.
  2. Seller pursuant to art. 558 §1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).
  3. The Seller is liable to the Consumer under the terms of art. 556 of the Civil Code and subsequent ones for defects (warranty).
  4. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
  5. In the case of a contract with a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the consumer.
  6. The Consumer, if the item sold has a defect that has not been included in the Product description, may: 
    1. make a statement requesting a price reduction
    2. make a declaration of withdrawal from the contract; unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
  7. The consumer cannot withdraw from the contract if the defect is irrelevant.
  8. If the item sold has a defect, the Consumer may also:
    1. demand that the item be replaced with one that is free from defects
    2. demand that the defect be removed
  9. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible way to bring it into conformity with the contract.
  10. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
  11. The seller will respond to the request within 14 days:
    1. statements about a request for a price reduction
    2. statements of withdrawal from the contract
    3. requests to replace the item with one free from defects
    4. demand to remove the defect.
  12. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
  13. The Consumer’s claim for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of handing over the item to the Consumer.

 

§ 12

 Out-of-court ways of dealing with complaints and redress

  1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet 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 exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
    1. The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
    2. The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the 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 poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

 

§ 13

Personal data in the Online Store 

  1. The administrator of personal data of Customers collected via the Online Store is the Seller.
  2. Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Buyer agrees – also for marketing purposes.
  3. The recipients of personal data of the Customers of the Online Store may be, in the case of a Customer who uses the Online Store with the method of delivery by courier, the Administrator provides the Customer’s collected personal data to a selected carrier or intermediary performing the shipment at the request of the Administrator.
  4. The customer has the right to access their data and correct them.
  5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

 

§ 14

The privacy policy of the website www.haha.com.pl

  1. General information: This Privacy Policy sets out the rules for the processing and protection of personal data provided by Users in connection with their use of sales services through the Website.
  2. The administrator of personal data contained in the website is Wyszukiwanki Nina Peret based in Sienkiewicza 67, 39-300 Mielec NIP 894-263-14-66 REGON 388202830
  3. In the interest of the security of the data entrusted to us, we have developed internal procedures and recommendations to prevent disclosure of data to unauthorized persons. We control their performance and constantly check their compliance with the relevant legal acts – the Personal Data Protection Act, the Electronic Services Provision Act, as well as all types of executive acts and Community legislation.
  4. Personal data is processed on the basis of the consent expressed by the User and in cases where the law authorizes the Administrator to process personal data on the basis of legal provisions or to implement the contract concluded between the parties.
  5. The website obtains information about users and their behavior in the following way:
    1. a) through information entered voluntarily in forms
  6. The website collects information voluntarily provided by the user.
  7. The data provided in the form is processed for the purpose resulting from the function of a specific form, e.g. in order to process the information contact
  8. Personal data left on the website will not be sold or made available to third parties, in accordance with the provisions of the Act on the Protection of Personal Data.
  9. The data contained in the form may be viewed by the natural person who placed it there. This person also has the right to modify and stop processing his data at any time.
  10. We reserve the right to change the privacy policy of the website, which may be affected by the development of internet technology, possible changes to the law in the field of personal data protection and the development of our website. We will inform you about any changes in a visible and understandable way.
  11. Links to other websites may appear on the Website. Such websites operate independently of the Website and are in no way supervised by the www.haha.com.pl website. These websites may have their own privacy policies and regulations, which we recommend that you read. If in doubt about any of the provisions of this privacy policy, we are available – our data can be found in the tab – CONTACT.

 

§ 15

Final Provisions

  1. Agreements concluded through the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Buyer about each change at least 7 days in advance.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
  4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/