1.These Terms and Conditions shall govern all use of the helinat.pl online Shop by all Users.
2. The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Vouchers and Services Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the helinat.pl online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
3. By using the Electronic Services available through the Shop located at helinat.pl, the User agrees to be legally bound and to abide by these Terms and Conditions.
4. To all matters not settled herein the following provisions of Polish law shall apply:
4.1. Act on Rendering Electronic Services of 18 July, 2002,
4.2. Consumer Rights Act of 30 May 2014,
4.3. Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
4.4. Provisions of the Civil Code Act of 23 April, 1964,
4.5. and all other applicable provisions of Polish law.
§ 2. DEFINITIONS FOR THESE TERMS AND CONDITIONS
1. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
2. SHOP − shall mean the Service Provider’s online Shop located at helinat.pl.
3. ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
4. NEWSLETTER – shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop.
5. ORDER FORM – shall refer to the electronic form available at helinat.pl, required for Order placement.
6. SELLER, SERVICE PROVIDER – HELINAT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the DISTRICT COURT FOR THE CITY OF WARSAW IN WARSAW, 12th COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number: 0000869605, place of business and address for service: Aleje Jerozolimskie 89/43, 02-001 Warszawa, Poland, tax identification number NIP: 7011005482, statistical number REGON: 387576527, email address: helinat@helinat.pl, telephone number: +48 459 595 561.
7. USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
8. CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
9. CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
10. ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
11. VOUCHER – a personal/bearer document available in the Shop, entitling the holder to exchange it for the Service provided by the Seller. The conditions for using the Service with the use of a Voucher are specified in these Regulations and the description of a specific Voucher posted on the Shop’s website.
12. SERVICE – a service that is the subject of the Sales Agreement concluded between the Customer and the Seller via the Shop.
13. PRODUCTS – both Services and Vouchers available in the Shop.
14. SALES AGREEMENT – shall refer to any Vouchers or Services Sales Agreement concluded between the Customer and the Seller through the Shop.
15. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
16. PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Voucher or Service.
§ 3. PRODUCT AND ORDER INFORMATION
1. The Shop located at helinat.pl store sells Services and Vouchers via the Internet.
2. Products offered through the Shop are accordance with the contract and have been legally introduced onto the Polish market.
3. The information provided at helinat.pl does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
4. The Product Prices at helinat.pl are given in Polish zlotys (PLN) and include taxes and duties – including VAT. The prices do not include delivery fees.
5. The Product Prices at helinat.pl only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
6. The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Product Prices. Next to the information about the discount of the Product, the Seller shows the lowest Price of this Product, which was in force in the period of 30 days before the introduction of the reduction, and if the Product is offered for sale in a period shorter than 30 days – the Seller shows the lowest Price of the Product, which was in force in the period from the date of offering this Product for sale until the date of introduction of the discount.
7. Orders can be placed through the website 24 hours a day, 365 days a year by completing an Order Form at www.helinat.pl
8. In order to place an Order, the Customer is not obliged to register an account in the Shop.
9. Customers are required to read and accept these Terms and Conditions during Order placement.
10. Vouchers in physical form.
10.1. Vouchers in physical form are delivered through the service of an external entity that prepares and handles the said Vouchers.
10.2. The service of preparing a physical Voucher by a third party costs PLN 100.
10.3 By ordering the preparation of a Voucher in physical form, the Customer agrees to its preparation and delivery before the deadline for withdrawal from the Distance Agreement, and is also aware that with its preparation he will lose the right to withdraw from the contract.
10.4. In the event of withdrawal from the Sales Agreement of a physical Voucher, only the nominal Price of the Voucher (provided within it by the Seller of Services) is returned to the Customer, and the Price of preparing the Voucher in physical form is retained by the Seller, due to the fact that the service of its preparation by a third party was completely made.
11. The Shop processes Orders placed from Monday to Friday during the Shop’s opening hours, i.e. from …. to…. on working days. Orders placed on working days after …., on Saturdays, Sundays and holidays will be processed on the next business day.
12. Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
§ 4. CONCLUDING SALES AGREEMENTS
1. In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 7 and 9 of the Terms and Conditions, by choosing one of the methods made available by the Seller.
2. After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
3. Receiving an Order confirmation from the Seller, referred to in point 2 of this paragraph binds the Customer with his Order. The Order confirmation and acceptance is sent to the Customer via email.
4. The Order confirmation email shall include the following elements:
4.1. confirmation of all relevant Order details,
4.2. withdrawal from the agreement,
4.3. these Terms and Conditions containing information on the right of withdrawal.
5. After receiving the confirmation email, as set forth under point 4 of this paragraph, the Sales Agreement between the Customer and the Seller is finally concluded.
6. Each Sales Agreement will be confirmed by a proof of purchase ( VAT invoice), which will be attached to the Product and / or sent by e-mail to the Customer’s e-mail address provided in the Order Form.
§ 5. METHODS OF PAYMENT
1.The Seller provides the following payment methods:
1.1. payment by traditional transfer to the Seller’s bank account,
1.2. payment via the electronic payment system (TPay.pl).
2. In the case of payment by traditional transfer, the payment should be made to the bank account number: 18 1870 1045 2078 1068 8624 0001 (Nest Bank S.A.) HELINAT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, delivery address: Aleje Jerozolimskie 89/43, 02-001 Warszawa, NIP: 7011005482. Please enter “Order No….” in the transfer title.
3. All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish or foreign banks.
4. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 business days from the date of its conclusion unless indicated otherwise in the Sales Agreement.
5. The Service will be performed and the Voucher delivered only after payment has been made.
§ 6. TERM AND METHOD OF DELIVERY FOR SERVICES AND VOUCHERS
1. Vouchers shall be delivered as a PDF document to the email address specified by the Customer in the Order Form, or in physical form via Polish Post or courier company. Alternatively, the Customer may collect the Voucher in person from the Seller’s premises. Physical Vouchers shall be prepared by a third-party service provider engaged by the Seller.
2. The Customer shall bear the costs of Voucher delivery, as determined during the order placement process. Such costs will depend on the selected payment method and delivery method for the purchased Product.
3. The delivery timeline for a Product comprises the product preparation time and the carrier’s delivery time:
3.1. 3.1. the preparation time for Products shall not exceed 5 business days from: a) the crediting of funds paid under the Sales Agreement to the Seller’s account; or b) the successful authorization of the transaction by the electronic payment system.
3.2. for movable Products, delivery by the carrier shall be completed within the carrier’s stated timeframe, which is up to 2 business days from the dispatch date (delivery shall occur only on business days, excluding Saturdays, Sundays, and public holidays).
4. A PDF Voucher shall be delivered to the designated email address within 24 hours of the conclusion of the Sales Agreement.
5. The specific terms and details of the Service associated with the Voucher shall be outlined in the Voucher’s description on the Website. This information will also be included in the order confirmation email.
6. The Customer must contact the Seller at least 7 days prior to the desired service date to schedule a convenient appointment.
7. To redeem the Voucher, the Customer must print a physical copy (if the voucher was delivered electronically) and present it at the designated location and time of service.
§ 7. COMPLAINTS PROCEDURE
1. The Seller’s liability to the Customer arising from any non-conformity of the Service with the Sales Agreement shall be governed by the provisions of the Civil Code of 23 April 1964..
2. The Seller shall be liable to the Customer for any non-conformity of the Service (including the Voucher) with the Agreement in accordance with the general principles set forth in the Civil Code.
3. Notifications of non-conformity of the Service with the agreement and any related claims may be submitted via email to helinat@helinat.pl or in writing to the Seller’s address.
4. Such written or electronic notification should include as much detail as possible regarding the subject matter of the claim, particularly the nature and date of the non-conformity, as well as the Customer’s contact information. The provision of such information will facilitate and expedite the Seller’s handling of the claim.
5. The Seller shall respond to the Customer’s claim promptly, but no later than 14 days from the date of receipt.
6. In the case of a claim made by a Consumer or an entity as defined in Section 10 of the Terms and Conditions, failure to respond to the claim within 14 days of its submission shall be deemed as acceptance of the claim.
7. If the claim is deemed valid, the Seller shall offer the Customer a refund of part or all of the price paid for the Voucher or Service, or provide an alternative service. This does not exclude any consumer rights arising under the Civil Code.
8. The response to the claim shall be provided in writing or on another durable medium, such as email or SMS.
§ 8. RIGHT TO WITHDRAW
1. With the reservation of point 3 of this paragraph a Consumer or an entity as defined in Section 10 of these Terms and Conditions who has entered into a distance contract may withdraw from that contract without giving any reason by notifying the Seller in writing within 14 days.
2. The 14-day withdrawal period commences on the day the contract is concluded.
3. The right to withdraw does not apply to:
3.1.Contracts for the provision of services related to leisure activities, events, sports or cultural activities if the contract specifies the date or period of service provision.,
3.2.Contracts for the provision of services where the trader has fully performed the service with the express and prior consent of the consumer, who has been informed before the performance of the service that they will lose their right of withdrawal upon completion of the service, and has acknowledged this.
3.3. Contracts for the supply of goods that are not prefabricated and are made to the consumer’s specifications or are clearly personalized.
4. Both the Seller and the Customer may withdraw from the Sales Agreement if the other party fails to perform its obligations within the agreed-upon time.
5.Vouchers in physical form:
5.1. Subject to clause 5.2, the Seller shall reimburse the value of the Voucher, including delivery costs, using the same payment method used by the Consumer, unless the Consumer agrees to an alternative method. Reimbursement shall be made without undue delay and within 14 days of receiving the withdrawal notification.
5.2. If the Consumer chose a delivery method other than the least expensive standard delivery offered, the Seller is not obliged to reimburse additional costs.
5.3.For physical Vouchers, only the nominal value of the Voucher will be refunded. The cost of preparing the physical Voucher will be retained by the Seller.
6. In order to submit a declaration of withdrawal from the Sales Agreement concluded remotely, the Customer may send a self-formulated declaration to the e-mail address: helinat@helinat.pl, the Seller’s delivery address, or use the withdrawal form sent with the confirmation e-mail. order.
§ 9. TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
1. This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and Conditions.
2. The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.
3. The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
4. The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.
§ 10. PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
1. An Entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
2. A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:
2.1. prohibited contractual provisions – the so-called abusive clauses,
2.2. liability for non-compliance of the Product with the contract,
2.3. the right to withdraw from a distance contract,
2.4. rules for a contract for the supply of digital content or a digital service.
3. The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
4. Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.
§ 11. TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider grants access to the following Electronic Services:
1.1. concluding Product Sales Agreements,
1.2. Newsletter.
2. These Terms and Conditions shall apply to all Electronic Services provided through helinat.pl
3. The Service Provider reserves the right to display advertising content at helinat.pl Advertisements are an integral part of the online Shop front and the materials presented therein.
§ 12. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
1. The Electronic Services set forth under § 11 point 1 of these Terms and Conditions are free of charge.
2. Term of the agreement:
2.1. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
2.2. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
3. End-user hardware, network and software requirements for the ICT system used by the Service Provider:
3.1. a computer (or a mobile device) with an active Internet connection,
3.2. access to email account,
3.3. Internet browser,
3.4. enabling cookies and Javascript in the Internet browser.
4. The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
5. The User is obliged to provide accurate and complete information to the Service Provider.
6. The User is prohibited from providing any unlawful or illegal content.
§ 13. COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
1. Complaints about Electronic Services provided via helinat.pl should be submitted via email to helinat@helinat.pl
2. All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
3. All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
4. A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
§ 14. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
1. Terminating an Electronic Services Agreement:
1.1. Continuing and indefinite-term Electronic Services Agreements (e.g. Newsletter) may be terminated.
1.2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: helinat@helinat.pl or by deleting Account,
1.3. The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
1.4. The notice of termination leads to a cessation of legal relations with the effect for the future.
2. Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.
§ 15. INTELLECTUAL PROPERTY
1. The compilation of all content at helinat.pl (with the stipulation of § 15 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of HELINAT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the DISTRICT COURT FOR THE CITY OF WARSAW IN WARSAW, 12th COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number: 0000869605, place of business and address for service: Aleje Jerozolimskie 89/43, 02-001 Warszawa, Poland, tax identification number NIP: 7011005482, statistical number REGON: 387576527. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at helinat.pl without the consent of the Service Provider.
2. Any use or reproduction of the content of the website located at helinat.pl or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
3. All trade names, Product names, company names and their logos used on the Shop’s website at helinat.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Shop’s website at helinat.pl are used for informational purposes.
§ 16. FINAL PROVISIONS
1. Agreements concluded through the Shop are construed in accordance with the laws of Poland.
2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
3. Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 5 of this paragraph.
4. Judicial dispute settlement procedures:
4.1. 4.1. Any disputes arising between the Service Provider and the consumer User (Customer) or the entity referred to in § 10 of the Terms and Conditions, shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
4.2 .4.2. Any disputes arising between the Service Provider and the non-consumer User (Customer), referred to in § 9 of the Terms of Conditions, shall be settled by the court having jurisdiction over the Service Provider’s registered office.
5. Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/