TERMS AND CONDITIONS OF ONLINE STORE
§ 1 Definitions
- In these terms and conditions of the online store www.hempley.pl/hempley.co.uk, hereinafter referred to as “Terms and Conditions”, the following terms shall be understood:
“Hempley” – Hempley Sp. z o.o., NIP number: 9571124935, REGON number: 386369269 with registered office in Gdańsk, 132 /25 Jaśkowa Dolina Street, 80-286, Gdańsk, Poland. E-mail address: [email protected]
“Store” – the online store located on the website www.hempley.pl and www.hempley.co.uk and its subpages,
“Buyer” – any person who has entered into an agreement with the Seller to create an account in the Store or without creating an account in the Store has placed an order; this term also means a person who does not have an Account and is in the process of placing an order,
“Account” – the Customer’s account established by the Customer in the Store in accordance with the rules set forth in the Terms and Conditions,
§ 2 General provisions
- The www.hempley.co.uk store is owned by Hempley Sp. z o.o., NIP number: 9571124935, REGON number: 386369269 with the registered office in Gdansk, 132 /25 Jaśkowa Dolina Street, 80-286, Gdansk, Poland
- Order processing begins in the case of:
– orders paid with fast online payment – at the moment of receiving confirmation of the transaction from the system operator.
Hempley reserves the right not to process orders based on a transfer confirmation document when funds have not yet been deposited into the company’s bank account.
- By concluding a contract of sale with the Store and accepting the provisions of the Rules, the Buyer agrees to the issuance and making available to him electronic invoices via e-mail to the e-mail address specified by the Customer, in accordance with Article 106n (1) of the Act on Goods and Services Tax of March 11, 2004. (Journal of Laws No. 54, item 535, as amended). Such consent is equivalent to resignation from receiving invoices in paper form.
- All prices given in the store – if not stated otherwise – are expressed in Polish zloty or British Pounds or Euro and are gross prices (VAT included).
Sales agreement is concluded between Buyer and Hempley Company, acting as a Seller.
- The moment of conclusion of the contract of sale in the store is the moment of confirmation by the staff of the store of the correctness of the order and acceptance of it for execution. By the correctness of the order shall be understood its completeness, availability of products in the order, product prices, correctly calculated by the electronic system shipping / delivery costs and correct address data of the entity placing the order.
10. By placing an order the Buyer accepts these regulations.
11. All matters not covered by these terms and conditions shall be governed by the laws of Poland.
- 3 PAYMENT METHODS AND SHIPMENT OF GOODS
- Ordered goods are delivered by a courier company or by our own transport. The Buyer may each time choose the form of delivery for his order. In case a form of delivery is unavailable for a given order, the Buyer will be immediately informed about it. The Buyer chooses the method of delivery and covers its costs, unless the parties agree otherwise.
- Courier shipments are insured in case of possible damage or loss. The Buyer is asked to check the conformity of the contents with the order as soon as possible. Any non-conformity or incompleteness of the goods with the contract Buyer should report to the store immediately after noticing them. Buyer has the opportunity and should check the external condition of the package (applies to courier shipments) in the presence of the courier for any damage in transit. In the case of damage to the package it should be reported to the courier delivering the consignment and require him to issue a so-called damage protocol, documenting the actual condition of the delivered consignment. Correctly and reliably written damage protocol is the basis for Hempley to claim damage to the goods during transport against the courier company. The original document (damage report) should be sent by scan (e-mail) or by post to Hempley’s address. The maximum time for processing the complaint is determined by the regulations of the courier company. In case of positive response to a complaint about transport damage and lack of identical goods Hempley reserves the right to refund the purchased goods. If the complaint is accepted, a new product will be sent to the Buyer’s address. At the Buyer’s request, Hempley may waive the Buyer’s right to assert claims against the courier company. In such a situation the settlement of the claim is between the Buyer and the courier company without the participation of Hempley. In case of an evident transport damage the Buyer has the right and possibility to refuse the delivery. This situation should be immediately reported to Hempley Company, which will make all formalities related to the return of the consignment to the Sender and will immediately send a new consignment to the Buyer.
- Delivery of goods takes place in a way chosen by the Buyer and specified in the order . Prices of delivery options are given when choosing the method of delivery, as well as will be indicated in the e-mail confirming the order.
- Shipping costs are calculated automatically by the transaction system. In the event that, as a result of system error or human error, shipping costs are calculated incorrectly, Hempley reserves the right to inform the Buyer of the correct shipping costs. The Buyer has the full right not to accept the new shipping costs and to cancel the order without consequence.
- The lead time (shipping time) for an order is listed next to each product on the store website. In the case of orders containing different products, the lead time will be as long as the longest lead time among the products. Lead time for orders in relation to the availability of products in Hempley’s warehouse is as follows:
– goods available in Hempley warehouse – 1-3 working days from the moment of payment to the bank account,
– goods not available in Hempley’s warehouse – 1-10 working days after payment on our bank account.
In justified cases this time may be longer – in this situation the Buyer will be immediately informed by the store staff.
- Delivery time by courier company is specified in the regulations of these carriers. The average approximate delivery time by courier within Poland is 1-2 working days. These times may be longer during busy periods of the carriers, such as the period before Christmas. In case of significant extension of shipping time (beyond the acceptable delivery time provided in the carrier’s regulations), at the request of the Buyer it is possible to recover the cost of shipping from the courier company by Hempley to the Buyer.
- Shipping costs outside Poland are determined individually for each order.
- Payments in the online store can be made by bank transfer or by credit card through a payment service (PayU) (the operator of the payment cards is PayU SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068).
- 4 RETURNS
- According to the Act of 30 May 2014 on consumer rights, the buyer retains the right to return the goods within 14 days of receipt. In light of the Act, a consumer is a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity. By making a purchase with a VAT invoice, the Buyer introduces a presumption that the purchase is directly related to his business or professional activities and does not exercise his rights as a consumer
- Pursuant to Article 38 of the Consumer Rights Act of 30 May 2014, the consumer is not entitled to withdraw from the contract in the following cases, among others:
– when the subject of the service is a non-refabricated thing, produced according to the consumer’s specification or serving to meet his individualized needs;
– when the subject of the provision is a thing delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
– when the subject matter of the supply are things which after delivery, due to their nature, become inseparably connected with other things;
– where digital content which is not recorded on a tangible medium is supplied, if performance has begun with the consumer’s express consent before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- Hempley extends the possibility of return in such a way that the Buyer has 30 days from the date of receipt of goods without giving any reason. Conditions of return within 14 days of receipt of equipment are regulated by applicable law.
- In the event that the Buyer wishes to return the goods after the statutory period but before the expiry of the statutory period of 30 days, the return must be made in accordance with the rules established by Hempley, which are as follows:
– The goods are of full value, free from defects and in accordance with the contract;
– The Goods must have all items and accessories that were issued with it to the Buyer, including those marked ‘free of charge’;
– The purchase was made by a Consumer and was not connected with the business activity conducted by the Buyer.
Returned merchandise must be delivered to Hempley’s office or shipped via postal or courier service no later than the 30th day after receipt by the Buyer.
- In the situation where the Buyer makes a return without giving any reason, the costs associated with returning the product (appropriate protection, shipping or otherwise delivering it to the seller’s stationary store) are borne by the Buyer. Hempley will refund the entire amount paid by the Buyer for the returned goods, subject to the possibility of reducing the value of the return in a situation where the returned goods do not meet the requirements for return – in accordance with the current Act of 30 May 2014 on consumer rights.
In order to make withdrawal and return easier, we have prepared a Return Form for our customers – you can download it HERE.
ADDITIONAL INSTRUCTIONS TO FACILITATE YOUR RETURN:
The consumer is asked to attach to returned goods the proof of sale and a written statement of withdrawal from the contract (form to download HERE). Return of goods can also be made in person at Hempley’s headquarters, bringing the returned goods and proof of purchase in person. In case of return of goods by mail, the consumer is asked to pack the goods carefully and to fulfill all formalities related to securing and insuring the parcel. Hempley undertakes to transfer the funds for the goods to the bank account indicated by the Consumer as soon as possible after receipt and inspection of the goods. In the event that the returned goods do not meet the requirements for return (e.g. damaged, worn, incomplete), Hempley shall decide what further action to take in accordance with applicable law and shall immediately notify the Buyer of its decision. In the event that the Consumer is unable to provide proof of purchase of the goods (e.g. due to loss), the Consumer may be asked to document the purchase in another way (e-mail, transfer confirmation, etc.).
- 5 Other services
- The Seller provides free of charge services to customers electronically:;
- Maintaining an Account,
- The services indicated above are provided 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time and manner of access to selected services listed above, of which it will inform the Customers in the manner appropriate for amendment of the Terms and Conditions.
- A Client who has made the Registration may submit a request to remove the Account to the Seller, and in the case of submitting the request to remove the Account by the Seller, it may be removed up to 14 days after submitting the request.
- Both the Client and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to maintaining the rights acquired by the other party before termination of the above agreement and the provisions below.
- A Customer who has made the Registration terminates the agreement for provision of services by electronic means, by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to read the declaration of intent of the Customer.
Concerning the prohibition of copying contents from www.hempley.pl All materials placed on the www.hempley.pl website are protected by copyright. The owner of copyrights to the materials placed on the website is Hempley Sp. z o.o., NIP number: 9571124935, REGON number: 386369269 with headquarters in Gdansk, 132 /25 Jaśkowa Dolina Street, 80-286, Gdansk, Poland. The owner of the author’s economic rights stipulates, within the meaning of article 25 paragraph 1 point 1 of the Act of 4 February 1994 on copyright and related rights, that further distribution of materials published on the www.hempley.pl website without written permission is prohibited regardless of the purpose.
It is forbidden to copy and distribute photographs, graphics, designs, texts, brochures, layout, etc. published on the website under the threat of legal sanctions, as well as to place materials or parts thereof originating from www.hempley.pl on any website or server.