- The terms used in this regulation mean:
- Online store - an online store located at the internet domain www.gohurt-shop.com
- Seller - GOHURT MEDIEVAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Lublin, ul. Jana Sawy 10/P02, 20-632 Lublin, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Lublin-East in Świdnik, VI Economic Division, under the number KRS 0001005214, tax identification number (NIP): 7123445499, statistical number (REGON): 52378121900000, e-mail: firstname.lastname@example.org, contact telephone number: +48 664 583 184.
- Buyer - a natural person, legal person, or an organizational unit without legal personality, to which a separate law grants legal capacity, who purchases goods through the online store, through the Facebook platform (link: https://www.facebook.com/GoHurt/) or by email (email address: email@example.com).
- Consumer - a natural person who purchases goods from the Seller for purposes not related directly to its commercial or professional activity.
- Entrepreneur - a natural person, legal person, or an organizational unit without legal personality, to which a separate law grants legal capacity, who purchases goods from the Seller.
- Consumer-entrepreneur - a natural person who purchases goods from the Seller for purposes directly related to its commercial activity, if it results from the provisions of this agreement that it does not have a professional character for it, resulting in particular from the subject of the commercial activity carried out by the person, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Goods - movable property intended for sale through the online store on the basis of a sales contract concluded between the Seller and the Buyer.
- Sales contract - a contract under which the Seller undertakes to transfer ownership of the goods to the Buyer and to deliver the goods to the Buyer, and the Buyer undertakes to take possession of the goods and pay the Seller the price.
- Regulations - this document, which regulates:
- the rights and obligations of the Buyer and the Seller, forming an integral part of the sales contract,
- the principles of providing and using electronic services.
- Provision of electronic services - the provision of a service provided without the simultaneous presence of the parties (at a distance), by transmitting data at the individual request of the service recipient, transmitted and received through electronic processing devices, including digital compression and data storage, which is transmitted, received, or transmitted entirely through a telecommunications network.
- Service recipient - a natural person, a legal person, or an organizational unit without legal personality, to whom a separate law grants legal capacity, who uses Electronic Services made available by the Seller through the Online Store.
- Account in the online store - a space provided to the Buyer by the Seller after registration, marked with an individual login and password of the Buyer, enabling the Buyer to use additional functionalities of the Seller's online store. The account allows: storing information about the Buyer's data and address, accessing information about the placed order, tracking orders, accessing order history, newsletter, and other services provided by the Seller.
- Cart - an electronic service provided to the Buyer by the Seller within the online store, which allows the Buyer to place and modify an order, and indicates the current order value.
- Newsletter - an electronic service that allows the service recipient to receive digital content from the Seller in exchange for providing an e-mail address.
- Digital content - data and files that are produced and delivered to the Buyer in digital form (e.g. newsletter).
- The following terms and conditions apply to orders placed by the Buyer with GoHurt Medieval Sp. z o.o. (hereinafter: the Seller) on the website, through Facebook, or in the form of an e-mail (to the e-mail address: firstname.lastname@example.org).
- The version of the terms and conditions available on the website www.gohurt-shop.com at the time of placing the order shall be applicable to the Buyer.
- The goods presented in the Online Store and their prices do not constitute an offer within the meaning of the Civil Code of 23 April 1964, but only an invitation for the Buyer to enter into a contract.
- The entrepreneur who operates the online store at the internet domain www.gohurt-shop.com is GOHURT MEDIEVAL LIMITED LIABILITY COMPANY with its registered office in Lublin, ul. Jana Sawy 10/P02, 20-632 Lublin, entered into the Register of Entrepreneurs of the National Court Register kept by the Lublin-East District Court in Świdnik, VI Commercial Department under the KRS number 0001005214, NIP 7123445499, REGON 52378121900000, email: email@example.com, phone contact: +48 664 583 184.
- Contact with the online store is possible via email: firstname.lastname@example.org, 24 hours a day, 7 days a week.
- The seller does not use an algorithm that would adjust prices based on automated decision-making.
Account in the online store
- A Buyer who has full legal capacity has the option of creating an account in the online store by providing the required information in the registration form. Creating an account is voluntary (it is not a condition for placing an order) and free of charge.
- When creating an account in the online store, the Buyer is obliged to provide true data.
- To create an account in the online store, it is necessary for the Buyer to:
- have an active email address,
- fill out the registration form,
- confirm familiarity with the Terms and Conditions,
- set a password.
- After the Buyer submits the completed registration form, the Seller will send a confirmation of registration to the email address provided by the Buyer.
- After logging in to the account in the online store, the Buyer has the option of entering their data and delivery address, as well as modifying this data.
- The Buyer has the right to delete their account in the online store at any time, for this purpose they should contact the Seller by email (contact email address: email@example.com).
- The Buyer places an order with the Seller:
- In electronic form through the online store after previously creating an account in the online store or without creating an account (in the case of a purchase without registering an account, the Buyer, when placing an order, must provide all necessary data to execute the order),
- In email form (email address for contact: firstname.lastname@example.org).
- To place an order through the online store, the Buyer selects the product they are interested in by choosing the "add to cart" option. After adding all the products they are interested in to the cart, the Buyer should select the "go to checkout" option to make the purchase. Upon reaching the checkout, the Buyer is informed about the price of the selected products. The Buyer is required to indicate, among other things, the method of product delivery and the payment method.
- The parties are bound by the information provided on the Store's website at the time of placing the order, in particular the price, product description, product features, and the components included in the set.
- An order through the online store is placed:
- In the case of products that are not made to individual order - at the moment of sending the completed order form to the Seller by selecting the "confirm purchase" button. Before sending the order to the Seller, the Buyer is informed about the total cost of the order (including shipping and insurance costs).
- In the case of products made to individual order (custom products) - at the moment of sending the dimensions and specifications necessary for executing the order by the Buyer to the Seller via email or through Facebook.
- After placing an order, the Buyer receives confirmation containing information about the ordered goods, the total cost of the order, the selected payment method, and the delivery method. The order confirmation is sent to the email address provided by the Buyer. The delivery time specified is estimated. The Seller is not responsible for events beyond their control that may delay the order fulfillment.
- The Seller accepts orders for execution after the Buyer pays for the ordered goods and shipping costs (i.e., the total order cost) and the payment is credited.
- In the case of products made to individual order (custom products), after the payment is credited, if the Buyer did not provide the product specifications when placing the order, the Seller will contact the Buyer via email to request the product specifications (e.g., dimensions, color).
- In case of purchase by the Buyer through the online store, the following payment methods are possible for the order:
- For delivery within Poland - bank transfer,
- For delivery outside of Poland
- bank transfer,
- PayPal - if you choose this payment method, 5% must be added to the order price due to the fees charged by PayPal.
- The Seller does not guarantee that at the time of placing the Order, all payment methods will be available. At the stage of choosing the payment method for the order, the Buyer is clearly informed about the currently available payment methods.
- The date of payment is considered to be the day of receipt of funds on the bank account/PayPal of the Seller - depending on the payment method chosen by the Buyer.
- The Buyer has the option of making a deposit towards the ordered goods only for goods whose production time is longer than 2 months (i.e. armor).
- The price of the goods and the amount of the deposit is determined individually with the Buyer via email or Facebook.
- The order is placed at the time of sending by the Buyer to the Seller via email or Facebook the dimensions and specifications necessary for the execution of the order.
- After placing the Order, the Buyer receives confirmation containing information about the ordered goods, the total cost of the order, the selected payment method, and the delivery method. The Order Confirmation is sent to the email address provided by the Buyer. The indicated time for the execution of the order is estimated. The Seller is not responsible for events beyond his control that may extend the deadline for the execution of the order.
- Upon completion of the order, the Buyer is informed about this fact by email or via Facebook.
- Within a month from the date of receiving information about the completion of the order, the Buyer is obliged to pay the remaining part of the price.
- The seller provides delivery of goods to the territory of Poland, the European Union countries, the United States, Canada, Mexico, the United Kingdom, Australia, and New Zealand.
- The Buyer bears the cost of delivery.
- The Buyer has the option of choosing the type of delivery - priority shipment or economic shipment.
- In the case of purchase by the Buyer through the online store, the following forms of order delivery are possible:
- In the case of delivery in Poland - Polish Post,
- In the case of delivery outside Poland:
- Priority shipment - courier or Polish Post,
- Economic shipment - Polish Post.
- The Buyer has the option of choosing the method of delivery, from the possibilities indicated in the "payment and delivery" tab.
- The risk of accidental loss or damage to purchased goods passes to the Buyer upon their delivery to the Buyer, according to the applicable method of delivery.
- The seller covers the cost of economic shipment delivery in the case of a one-time purchase by the Buyer of goods with a total value exceeding 275 euros (converted to Polish zloty according to the NBP exchange rate).
- The Buyer has the option of insuring the shipment, for an additional fee, in accordance with the carrier's tariff.
- The product delivery price is determined based on the chosen delivery method, weight, size of the ordered goods, and their value.
- The seller is not responsible for packages sent in the economic mode and uninsured.
- The number of business days for delivery of goods ordered by the Buyer depends on the chosen delivery method.
- The Buyer is obliged to inspect the delivered package containing delivered goods at the time and in the manner accepted for shipments of a given type, and to check whether the delivered products are not damaged or defective. In the event of the Buyer discovering damage or defects during the delivery of the order, the Buyer is entitled to demand that the courier draw up a protocol indicating the irregularities. The Buyer acknowledges that in the absence of a protocol indicating irregularities, recognition of the complaint may be difficult.
- The seller does not guarantee that all forms of delivery will be available at the time of placing the order. During the selection of the order delivery method, the Buyer is clearly informed about the currently available forms of delivery.
Compliance of the product with the contract
- The products sold by the Seller have a handicraft or artistic character, which makes them possess the characteristics of manual work and varying specifications of the properties of the materials used in their production, e.g., wood grain, material texture, hand-stitched seams, therefore each product made is unique and differs from others.
- The Seller undertakes to deliver a product in accordance with the sales agreement concluded with the Buyer.
- The product is in compliance with the agreement if it:
- is suitable for the purposes for which goods of this kind are usually used, taking into account the applicable law, technical standards or good practices;
- is in such quantity and has such properties (including durability and safety) that are typical for the product of this kind and that can be reasonably expected, taking into account the nature of the product and the public assurances of the Seller, in particular those made in advertising or on the label.
- its description, type, quantity, quality, completeness, and functionality remain in compliance with the agreement concluded by the Parties,
- is useful for the agreed purpose for which the Buyer needs it, which the Buyer notified the Seller at the latest at the time of conclusion of the agreement and which the Seller accepted.
- The Seller is not liable for the lack of compliance of the product with the agreement in terms of points 3 a) and 3 b), if the Buyer was clearly informed at the latest at the time of conclusion of the sales agreement that a specific characteristic of the product deviates from the above requirements of compliance with the agreement, and clearly and separately accepted the lack of a specific product property.
- In the event of non-compliance of the product with the agreement, the Buyer may demand repair or replacement.
- The Seller may replace the product if the Buyer requests repair or may repair it if the Buyer requests a replacement if bringing the product into compliance with the agreement in the manner chosen by the Buyer is impossible or would require excessive costs.
- The Seller will repair or replace the product at their own cost in the shortest possible time and inform the Buyer of the expected time for repair or replacement of the product along with a response to the complaint. The Seller will collect the product at their own cost.
- If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the product into a state compliant with the agreement.
- The Buyer may also make a statement of withdrawal from the agreement when:
- The Seller refused to repair or replace the product,
- The Seller did not bring the product into a state compliant with the agreement, i.e., did not repair or replace the product,
- Despite the repair or replacement made by the Seller, there still exists non-compliance of the product with the agreement,
- The non-compliance of the product with the agreement is so significant that it justifies the application of a price reduction or immediate withdrawal from the agreement, without prior demand for the repair or replacement of the product,
- It follows from the Seller's statement or the circumstances that bringing the product into compliance with the agreement will not be possible within a reasonable time or without excessive inconvenience to the Buyer.
- The Buyer receives a withdrawal form together with the order confirmation in the form of an email.
- The withdrawal form template is an attachment to the Terms and Conditions.
- If the non-conformity with the contract concerns only some of the products delivered on the basis of the contract, the Buyer may withdraw from the contract only with respect to those products, as well as with respect to other products purchased by the consumer together with non-conforming products, if it cannot be reasonably expected that the Buyer will agree to keep only the products that conform to the contract.
- In case of withdrawal from the contract, the Buyer immediately returns the goods to the Seller at the Seller's expense, and the Seller refunds the price to the consumer immediately, no later than within 14 days from the day of receiving the goods or proof of their return, using the same method of payment that the Buyer used, unless the Buyer expressly agreed to a different way of refund, which does not entail any costs for him.
- Transaction fees charged by third parties through which payment is made, e.g. PayPal, are not refunded by the Seller.
- The Seller is responsible for the non-conformity of the product with the contract existing at the time of product delivery and revealed before the expiration of 2 years from that time.
- The Buyer's claim for bringing the goods into conformity with the contract expires after 6 years from the disclosure of non-conformity.
- The above rights arise from the Act of 25 May 2014 on consumer rights (Art. 43c and subsequent).
- The Buyer may submit a complaint via email to email@example.com.
- In the content of the complaint, the Buyer should provide their personal data, the product to which the complaint relates, the reasons for the complaint, i.e. a description of the non-conformity of the product with the agreement, the date of purchase, the date of noticing the non-conformity, and what they demand.
- The Seller will respond to the Buyer's complaint within 14 days from the date of receiving the product along with a description of the defect.
- Individual computer and monitor settings of the Client causing incorrect or distorted display of information about the product (e.g. colors) cannot be the basis for a complaint.
Right of withdrawal
- The Buyer who is a Consumer or a Consumer-entrepreneur has the right to withdraw from the sales agreement without giving any reason and without incurring any costs within 14 days from the day on which the Buyer who is a Consumer or a Consumer-entrepreneur, or a person other than the carrier indicated by him, takes possession of the goods (receiving the goods).
- To meet the above deadline, the Buyer needs to send a statement of withdrawal from the sales agreement to the Seller at the address indicated in § 2 para. 1 of the regulations before the deadline.
- The Buyer receives a withdrawal form along with the order confirmation in an email format.
- The withdrawal form template is attached to the Regulations.
- In case of withdrawal from the agreement, the Buyer immediately returns the goods to the Seller.
- The returned goods should be in an undamaged condition, i.e., complete, in the original packaging, without any signs of use. The delivery costs are covered by the Buyer.
- Within 3 business days of receiving the shipment, the Seller checks the condition of the returned product.
- Within 7 days of checking the goods, the Seller returns the price to the consumer using the same payment method that the Buyer used, unless the Buyer expressly agreed to a different method of refund that does not involve any costs for him.
- Transaction fees charged by third-party entities through which payment is made, e.g., PayPal, are not refunded by the Seller.
- The right of withdrawal from the agreement does not apply to the Buyer in the case of:
- a customized product or a product manufactured according to the Buyer's specifications or serving to satisfy the Buyer's individual needs;
- delivery of sound or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery;
- delivery of goods in a sealed package that cannot be returned after opening the packaging due to health or hygiene reasons if the packaging has been opened after delivery.
- By placing an order, the Buyer agrees to the processing of their personal data for the purpose of fulfilling the order.
- The Buyer may also give separate consent to receive advertising and promotional materials from the Seller, including commercial bulletins and newsletters.
Intellectual property law
- It is unacceptable to use any materials published on the Seller's website (including photos and descriptions of goods) without the Seller's written consent.
- The Regulations come into force on January 1, 2023.
- The Seller is authorized to change the Regulations.
- For Agreements concluded before the amendment of the Regulations, the Regulations in force on the day of placing the Order by the Customer shall apply.
- Polish law shall apply to matters regulated in the Regulations, unless the mandatory provisions of the law provide otherwise.
- The Buyer may access the Regulations at any time through the online store or by downloading it in PDF format to the end device they use or by making a printout.
- The fact that one provision of the Regulations has ceased to be in force shall not affect the validity of the remaining provisions of the Regulations.
- Any disputes between the Seller and the Buyer shall be resolved by the competent common courts in Poland, unless the mandatory provisions of the law provide otherwise.
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Jana Sawy 10/P02
(personal information of the person withdrawing from the contract)
I hereby inform about my withdrawal from the sales contract regarding the product/products
Ordered on ……………………………………………………………………………………………….……………………………………………………………………………………………………
Due to …………………………………………………………………………………………………….………………………………………………………………………………………………………