Terms of use of Hadaki Shop

Hadaki is an e-shop available at hadaki.co (hereinafter: “Shop“), run by Magdalena Kucharska carrying out business activity under the name of Hadaki Magdalena Kucharska, entered into the Central Register and Information on Business Activity, with the principal place of business at ul. Nowa 19/19, 08-530 Dęblin, having tax identification number (NIP): 7162559801 and business register number (REGON): 060710048 (hereinafter: “Hadaki“).

1.

Customers may use the Shop by registering and, thus, creating an account which makes it possible to save and store Customer contact details for shipment of products and information on orders placed by the Customer (hereinafter: “Account“) or may use the Shop without creating an Account by filling out the ordering form with data necessary for the conclusion of a sale agreement with Hadaki. It is not required to create an Account to place an order with the Shop. An Account shall be created and may be used voluntarily and free of charge. Services shall be provided on the Account for an indefinite period of time. The Customer shall be entitled to terminate the agreement concluded with Hadaki for the Account at any time by filling out the form containing a declaration on the termination of the agreement. The foregoing shall not apply to a situation where Hadaki is processing the order placed by the Customer. In such case, the agreement shall be terminated upon the fulfilment of the order.

2.

To create an Account in the Shop, it is necessary to fill out the registration form with the following data: first and last name, place of residence, email address, telephone number; afterwards, it is necessary to select checkbox “Create an account” and enter a custom password containing at least seven characters (capital and small letters, and digits or symbols). The password is required to authorise the access to the Account. The Customer undertakes not to disclose the password to any third parties. Upon creation of the Account an email is sent to the Customer’s address provided in the registration form. Once the registration is confirmed, an agreement for the Account is concluded between the Customer and Hadaki, whose purpose is the provision of services by Hadaki under the terms and conditions hereof.

3.

For a legal person and an organisational unit without legal personality, all their activities in the Shop may be performed only by a person authorised to perform them and to exercise all the rights and obligations of this entity as a Customer.

4.

All the prices presented on the Shop’s web page are gross prices (including VAT) quoted in Polish zlotys or another currency. At Customer’s request, a VAT invoice shall be issued for each product sold. The VAT invoice may be delivered by email to the address provided by the Customer unless the Customer clearly indicates that the VAT invoice should be delivered in a traditional way. Prices presented in product descriptions on the Shop’s web pages are exclusive of shipping costs. Shipping costs are displayed on the Shop’s web page upon placing an order. The total order value comprises a product price and shipping costs.

5.

To place an order with the Shop and conclude a sale agreement with Hadaki the Customer shall add a product to the cart (i.e. a feature made available to each Customer using the Shop, which allows him to buy one or several products, display their prices individually and in total, hereinafter: “Cart“). Afterwards, the Customer shall proceed to the ordering form. The Customer having an Account shall confirm data necessary to fulfil an order, saved on his Account. The Customer not having an Account shall fill out the ordering form with data necessary to conclude a sale agreement. In the next step the Customer shall choose one of the payment options referred to in Section 9 hereof. To conclude a sale agreement the Customer shall read the terms and conditions hereof and accept them by selecting a relevant checkbox. To send an order and place it with the Shop after performing the above activities, the Customer shall click Buy and pay. When ordering, until clicking “Buy and pay”, the Customer may change the amount of products in the Cart by adding them to or deleting them from the Cart.

6.

The sale agreement shall be concluded upon the confirmation of accepting the order for processing by Hadaki. The confirmation of accepting the order for processing is an email sent to the address provided by the Customer. The sale agreement concluded between the Customer and Hadaki for a particular product shall be limited to the time of processing the order. The place of performance for the sale of product shall be the shipping address provided by the Customer.

7.

If there are any differences in the time of delivery of particular products in one order placed with the Shop, Hadaki may decide to split the order into smaller consignments. In such case, the general shipping cost provided to the Customer upon placing the order shall not change, but shall be split into particular consignments. If a part of the order is cancelled, adjustments shall be made only to the shipping costs relating to the part of the order that has not been delivered or has been complained of.

8.

The Customer shall pay the price for the product ordered from the Shop, including shipping costs, no later than upon conclusion of the agreement. The Shop offers the following payment options:

a) wire transfer,

b) online payment – a quick electronic transfer processed by:

  • PayPal – PayPal (Europe) S.à.r.l.& Cie, S.C.A. with its registered office in Luxembourg L-2449, 22-24 Boulevard;
  • PayU – PayU S.A. with its registered office in Poznań (60-166), at ul. Grunwaldzka 182;

 

c) payment by credit card in the e-payment system, processed by the PayU payment system operated by PayU S.A. with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 182, being a domestic payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Businesses kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399, share capital of PLN 4,944,000, paid up in full, with tax identification number (NIP): 779-23-08-495, business ID number (REGON): 3005234444. The Shop accepts the following cards: Visa, Visa Electron, Mastercard, Maestro.

9.

The product shall be delivered by specialised courier services all over Poland and the European Union. The Customer shall incur shipping costs defined in Appendix no. 3 hereto “Shipping methods and costs“.

10.

The time to receive ordered products shall each time include the time needed to process the order and make a delivery. Products available on the Shop’s web pages shall be shipped to the Customer within 5 business days from the conclusion of the sale agreement with Hadaki. The time of order fulfilment referred to in the previous sentence shall include the time of delivery by a courier service selected by the Customer.

11.

Hadaki shall be held liable for product defects under applicable laws. In the case not being consumer sale, the provisions on warranty defined in the Civil Code shall be excluded.

12.

Warranty claims can be made by sending an email to zwroty@hadaki.co or by writing to the following address: ul. Poplińskich 1, 61-573 Poznań, at the cost of Hadaki.

13.

The Customer shall be entitled to demand a reduction in price or withdraw from the agreement unless Hadaki replaces the defective product with the one free from defects or remedy the defect. This restriction shall not apply if the product has already been replaced or repaired by Hadaki, or if Hadaki has failed to replace the product with the one free from defects or failed to remedy the defect.

14.

Hadaki shall consider a warranty claim within 14 days from its receipt in the correct form. If Hadaki fails to reply to the Customer requests within 14 days, they shall be deemed well-founded. In each of the above cases, if the execution of the Customer request results in the delivery of a new or repaired product, the shipping costs shall be incurred by Hadaki. To return a product, the Customer shall provide its price in the packing list under “declared value” (or similar). This amount shall be a declared value of insurance.

15.

Pursuant to applicable laws, a consumer shall be entitled to return an ordered product for any reason within 14 days from its receipt, subject to the fact that it shall be impossible to return products and services whose acquisition cannot be withdrawn from under applicable laws. The principles applicable to the withdrawal from the agreement, including a sample agreement withdrawal form which can be used by the Customer, as well as the cases in which it is impossible to withdraw from the agreement are specified in the notice enclosed hereto as Appendix no. 2. The provisions of this Section shall apply accordingly to the withdrawal from the agreement for the Account referred to in Sections 1 and 2 hereof.

16.

Information presented on the Shop’s web pages is not an offer as defined in the Civil Code. By placing an order using mechanisms available on the Shop’s web page, the Customer makes an offer to buy a certain product under the terms and conditions presented in the product description.

17.

Personal data provided by the Customer shall be collected and processed by Hadaki pursuant to applicable laws and the Privacy Policy enclosed hereto as Appendix no. 1.

18.

Hadaki may amend the terms and conditions hereof and present a new offer of services provided in the Shop. Such amendment shall take effect within the time limit laid down by Hadaki, which cannot be shorter than 7 days from the publication of the amended Terms of Use on the Shop’s web page, subject to the fact that the orders started before the effective date shall be processed under the previous terms and conditions.

19.

Upon the first login to the Account from the amendments taking effect, the Customer shall be informed about them and about the possibility to accept them. The refusal to accept such amendments shall result in the termination of the agreement with Hadaki.

20.

In matters not regulated herein Polish laws shall apply.

21.

Any disputes arising out of the services provided by Hadaki in the Shop shall be resolved by common courts of law. A Customer being a consumer shall have the possibility of having recourse to an out-of-court complaint and redress mechanism made available by the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspectorate in Warsaw. More information on obtaining access to the above dispute resolution mechanism and procedures is available at www.uokik.gov.pl.

 

 

APPENDIX NO. 1      

          

PRIVACY POLICY

1.

Hadaki pays special attention to the protection of privacy of Shop’s Customers. Hadaki exercises due care in selecting and applying relevant technical and organisational measures to ensure protection of processed data, including software development security measures (such as data encrypting systems). In particular, Hadaki protects data against its disclosure to unauthorised persons and processing in violation of applicable laws. Hadaki exercises continuous supervision over data processing and restricts access to data to the highest possible extent, granting relevant permissions only if it is necessary for the correct provision of services in the Shop.

2.

The controller of personal data provided by Customers placing orders with the Shop is Hadaki.

3.

Personal data is processed on the basis of the consent granted by the Customer as well as statutory authorisation to process data necessary for the purposes relating to Hadaki activities, including without limitation to conclude, perform and account for sale agreements in the Shop (process transactions for the sale of products) and archive them.

4.

It shall be voluntary for the Customer to provide any personal data. The provision of data referred to in Section 5 shall be necessary for processing of the order in the Shop, while the provision of personal data referred to in Section 2 of the Terms of Use shall be necessary for the purposes laid down in Section 1 thereof.

5.

Customers may browse through product offers and information presented in the Shop without prior creation of an Account and provision of any personal data.

6.

Data provided by the Customer upon creating an Account shall be used for accounting purposes, contacting the Customer, managing the Account in the Shop, and for any other activities relating to the conclusion or performance of sale agreements. Moreover, such data can be used to verify if the person registering an Account meets the conditions laid down in the Terms of Use and provisions of law. Contact details shall also be used with Customer’s consent to provide the Customer with information on Hadaki, the Shop and offered products. The Customer may resign from receiving such information at any time.

7.

Customer data may be disclosed to entities authorised to receive it under applicable laws, including without limitation competent judicial bodies. Customer personal data may be transferred to third parties in the cases indicated by Hadaki and with Customer’s consent.

8.

If Hadaki becomes aware that the Customer uses the Shop contrary to the Terms of Use or applicable laws, Hadaki may process Customer personal data to the extent necessary to establish his liability provided that Hadaki records the fact of receipt and the content of these messages for the purpose of obtaining evidence.

9.

Personal data of Customers making online payments for products bought from the Shop is transferred to the following companies:

  1. PayPal S.à.r.l. with its registered office in Luxembourg L-2449, 22-24 Boulevard Royal, holding a valid licence as a Luxembourg credit institution as defined in Article 2 of the Act on Financial Sector of 5th April 1993, subject to strict supervision of the Luxembourg Financial Supervision Authority, i.e. Commission de Surveillance du Secteur Financier;
  2. PayU S.A. with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 182, a domestic payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Businesses kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399, share capital of PLN 4,944,000, paid up in full, with tax identification number (NIP): 779-23-08-495, business ID number (REGON): 3005234444.

 

Such transfer includes personal data necessary for making a payment via PayPal or PayU and is made:

  • to process a payment for products bought from the Shop by PayU S.A. or PayPal S.à.r.l.,
  • immediately after the Customer selects an online payment as a payment method.

 

10.

Hadaki shall ensure that Customers are able to exercise their rights arising under the Personal Data Protection Act of 29th August 1997, including without limitation the right to access and amend their personal data, and the right to control the processing of their personal data under the terms and conditions of the said Act. In exercise of the right to control processing of their personal data, Customers shall in particular have the right – in the cases laid down in the Personal Data Protection Act – to make a written justified request that the processing of their personal data be ceased owing to specific circumstances, and to object to the processing of their data if Hadaki intends to process it for marketing purposes or if Hadaki transfers such personal data to a data controller other than Hadaki.

11.

Hadaki shall provide its Customers with a possibility to view and amend their personal data. Hadaki shall provide its Customers with a possibility to delete their personal data from the data file if they decide to withdraw from the agreement as referred to in Section 16 of the Terms of Use, and in any other cases laid down in applicable laws. Hadaki may refuse to delete Customer data only in cases laid down in applicable laws, in particular if the Customer has failed to make all the outstanding payments to Hadaki, or if Hadaki becomes aware of and records the fact that the Customer has violated the Terms of Use or applicable laws by his behaviour and such data shall be preserved to explain these circumstances and establish the liability of the Customer.

12.

Hadaki uses IP addresses collected during internet connections for technical purposes relating to server administration. In addition, IP addresses are used to collect general statistical demographic information (e.g. about the region from which the connection is made). Such data shall not be combined with data provided by Customers and shall only constitute the basis for statistical analysis and mechanisms used to fix system bugs.

13.

Hadaki uses cookies. Information collected with the use of cookies enable the adaptation of services and contents to individual needs and preferences of Customers, and compilation of general statistics on how Customers use the Shop. Disabling the option to save cookies in a web browser basically does not make it impossible to use the Shop, but it may result in certain impediments. More information on cookies can be found in the Cookie Policy available on the Shop’s web page.

 

 

APPENDIX NO. 2

 

You are entitled to withdraw from the agreement for any reason within 14 days from the receipt of the product. In such case, you will be refunded all the payments made to us.
To return the product, inform us about your decision by filling out the Agreement Withdrawal Form. If you wish to withdraw from the agreement, you need to return the product at your own cost. You can use the sample form provided below.

Please return the product to the following address: ul. Poplińskich 1, 61-573 Poznań

 

The right to withdraw from the agreement does not apply to agreements:

  1. for services provided in full with your express consent;
  2. where the product price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur before the expiry of the withdrawal period;
  3. for nonprefabricated goods made to your specifications or serving your individual needs;
  4. for goods which are liable to deteriorate or expire rapidly;
  5. for sealed goods which are not suitable for return due to health protection or hygiene reasons, and were unsealed after delivery;
  6. for goods by nature inseparably mixed with other items after delivery;
  7. for alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by us;
  8. for sealed audio or video recordings or computer software which have been unsealed after delivery;
  9. where the supply of digital content which is not supplied on a tangible medium has begun with your prior express consent before the expiry of the time limit to withdraw from the agreement.

 

 

AGREEMENT WITHDRAWAL FORM

(this form shall be filled out and returned only if you wish to withdraw from the agreement)

 

Magdalena Kucharska Hadaki

ul. Poplińskich 1, 61-573 Poznań

email: zwroty@hadaki.co

 

I, ……………………………………………………, hereby inform you about my intention to withdraw from the agreement for the sale of ……………………………………………………, order no. ……………………………………………………
This agreement was concluded on ……………………………………………………, while products were received on ……………………………………………………

 

First and last name: ………………………………………………………………
Address: ………………………………………………………………………………
Date: ……………………………………………………………………………………

 

APPENDIX NO. 3

 

SHIPPING METHODS AND COSTS

Orders placed with Hadaki Shop are shipped immediately, but no later than within 5 business days from the conclusion of the sale agreement with Hadaki. Deliveries are made by the following courier services:

  • DPD – DPD Polska Sp. z o.o. with its registered office in Warsaw (02-274), ul. Mineralna 15, National Court Register (KRS) no.: 0000028368, tax id no. (NIP): 5260204110;
  • UPS – UPS Polska Sp. z o.o. with its registered office in Warsaw (01-222), ul. Prądzyńskiego 1/3, National Court Register (KRS) no.: 0000036680, tax id no. (NIP): 5221004200

Products are delivered all over Poland and the European Union. The table below presents shipping costs.

 

SHIPPING COSTS

 

POLAND EU Shipped weight
DPD PLN 20 EUR 30 < 20 kg
UPS PLN 20 EUR 30 < 20 kg
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