Terms and Conditions

These regulations specify the rules for making purchases in the online store operated by the Seller at:

HERCDESIGN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
NIP: 5223269227
REGON: 526266593

UL. BATALIONOW CHŁOPSKICH 82B/73 01-308 WARSZAWA

Seller: HERCDESIGN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIA
You can contact the Seller:
Using the e-mail address: herc@hercdesign.com to Konrad Herc
§1 Definitions

Regulations - these regulations of the online store.
Online Store – online service at www.hercdesign.com, through which the Customer can place an Order.
Seller - an entity providing sales services via the Online Store under the terms set out in these Regulations.
Business Days – one day from Monday to Friday, excluding public holidays.
Customer – a natural person, a legal person or an organizational unit without legal personality but with legal capacity, who places an Order in the Online Store under the terms set out in these Regulations.
Consumer - a customer who is a natural person using the Online Store for purposes not directly related to his or her business or professional activity.
Subject of the transaction - Goods listed and described on the website of the Online Store.
Goods - a movable item presented in the Online Store, to which the Sales Agreement applies.
Sales Agreement - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, using the Store's website.
Order - the Customer's declaration of will, clearly specifying the type and quantity of Goods, aimed directly at concluding a Sales Agreement.
Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
§2 General rules

These Regulations define the rules for using the Online Store available at hercdesign.com
The condition for placing an Order in the Online Store by the Customer is to read these Regulations and accept their provisions during the execution of the Order.
The Seller conducts retail and wholesale sales and accepts specialized orders via the Online Store.
The Seller publishes information about the Goods in the Online Store.
All Goods offered in the Online Store are brand new, originally packed, free from physical and legal defects and have been legally introduced to the Polish market.
To place an Order in the Online Store, the Customer must meet the following technical requirements necessary for cooperation with the IT system used by the Seller:
Have an e-mail account.
Have a computer, smartphone or tablet with the following operating system: Windows, Mac OS X, Linux or Android.
Have a web browser installed in the following version or higher: Internet Explorer - version 9, Chrome - version 46, Safari - version 8, Firefox - version 41, Opera - version 32.
The Customer is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights, property rights and intellectual property of the Seller and third parties.
The customer is obliged not to provide content prohibited by law.
§3 Prices

All prices given in the Online Store are gross prices in Polish zloty (including all applicable taxes).
The price of the Goods should include delivery costs in the amount indicated in §6 for the delivery method chosen by the Customer.

§4 Placing orders

Orders are accepted by the Seller via the Online Store.
Orders in the Online Store can be placed 24 hours a day, 7 days a week all year round.
Placing an order involves completing the order form in the Online Store.
The order is effective if the Customer correctly completes the order form and provides correct contact details: the exact address to which the Order is to be sent, as well as telephone number and e-mail address.
If the provided data is not complete, the Seller will contact the Customer. If contact with the Customer is not possible, the Seller has the right to cancel the Order.
During the ordering process, the customer receives a receipt or may express his/her will to receive a VAT invoice. The document will be sent with the shipment or sent to the Customer's e-mail address provided in the Order.
After the Customer places an effective Order, he or she will receive an automatic response from the store confirming receipt of the Order.
The execution of the Order begins after the Customer makes the payment or, if the Customer has chosen the payment option on delivery of the Goods, from the moment of placing the Order.
If the ordered Goods are out of stock, the Seller will inform the Customer about this fact and the related extension of the Order processing time immediately, no later than within 48 hours.
The sales contract is concluded in Polish.
The Online Store sells in Poland.
§5 Methods of payment for the Order

The Seller provides the Customer with the following payment methods under the Sales Agreement:
Payment on delivery upon receipt of the shipment.
Payment by transfer to the Seller's bank account.
Personal collection.
Seller's Account:
Bank:Santander
Account number: 04109018830000000155562792
§6 Cost, methods and delivery date

The order is sent to the address indicated in the order form. The customer will be informed immediately about an incorrectly completed order form, which prevents shipment or may delay it.
The Seller provides the Customer with the following delivery methods:
Polish Post
By UPS courier
Inpost parcel lockers
The total order processing time is a maximum of 30 days from the date of placing the order by the Customer, however, the Online Store makes every effort to ensure that orders are processed as quickly as possible.
The customer is charged with delivery costs:
Details on the home page in the PAYMENT METHODS tab
The delivery time of the Goods to the Customer is 14 Business Days, unless a different date is specified in the description of the Goods.
§7 Withdrawal from the contract

A consumer who has concluded a distance contract may withdraw from it without giving a reason and without incurring costs within 14 calendar days.
To meet this deadline, it is enough to send a declaration before its expiry to the Seller's address.
A sample withdrawal form is available on the Online Store website in the "Withdrawal from the contract" tab and is attached to the e-mail confirming the order.
The consumer may use the template form, but this is not obligatory.
The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Goods to the Seller. (Returns do not apply to personalized items)
To meet the deadline, it is enough to return the Goods before its expiry. The consumer may return the Goods to the Seller's address.
The consumer bears the direct costs of returning the item in connection with withdrawal from the contract.
In the event of withdrawal from the contract, the Consumer is refunded all payments received from him (no later than within 14 calendar days), including delivery costs.
The exception is a situation when the Consumer has chosen a method of delivery of the goods other than the cheapest one available in the Online Store.
In such a situation, the Consumer covers the delivery costs.
The Consumer is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
§8 Complaint procedure

The Seller is obliged to deliver the Goods to the Customer without defects.
The basis and scope of the Seller's liability towards the Customer are specified in generally applicable provisions of law, in particular in the Civil Code.
The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
Complaints may be submitted by the Customer, for example:
In writing to the Seller's address:
HERCDESIGN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
UL. BATALIONOW CHŁOPSKICH 82B/73 01-308 WARSZAWA

In electronic form, via e-mail, to the Seller's address: herc@hercdesign.com
It is recommended that the Customer provide the following data in the description of the complaint:
First name and last name.
Address.
E-mail adress.
The date the order was placed.
Subject of the complaint, indicating the request.
Any circumstances justifying a complaint.
The customer will be informed about the resolution of the complaint by e-mail or traditional mail.
When submitting a complaint, the complained product must be delivered to the Seller together with the complaint.
If, due to the type of product, its delivery by the Customer would be excessively difficult, the Customer is obliged to make the product available to the Seller in the place where the product is located.
The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond by the Seller within the above deadline means that the Seller considered the complaint justified.
If the complaint is considered in favor of the Customer, the Seller will repair or replace the complained goods with a new, full-value one or refund the value of the purchased Goods.
Pursuant to the Consumer Rights Act (Journal of Laws of 2014, item 827, article 38), personalized (engraved) products are not subject to returns as their personalization prevents further sale.

§9 Extrajudicial methods of dealing with complaints and pursuing claims

A customer who is a consumer has, among others, the following options to use out-of-court methods of dealing with complaints and pursuing claims, including:
The consumer is entitled to submit a request to a permanent consumer arbitration court to resolve a dispute arising from the concluded sales contract operating at the Trade Inspection.
The Consumer is entitled to submit a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the provincial inspector of the Trade Inspection.
The Consumer may obtain free assistance in resolving the dispute between the Consumer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and via e-mail: advice@dlakonsumentow.pl
The consumer may submit his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
§10 Final provisions

A customer who has an account in the Online Store will be informed about changes to the Regulations via e-mail.
A customer who does not accept the changes introduced in the Regulations has the right to delete the account at any time.
Orders placed by the Customer before the changes to the Regulations come into force will be processed in accordance with the existing provisions of the Regulations.
In matters not regulated in 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 and other relevant provisions of generally applicable law.
Disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Seller and Customers will be resolved by the court having jurisdiction according to the provisions on property and local jurisdiction in accordance with the Code of Civil Procedure of November 17, 1964.
The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed solely for the purpose of issuing an invoice, bill or conducting financial reporting. Providing personal information is voluntary. Each person whose personal data is processed by the Seller has the right to view their content and the right to update and correct them.