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. Garbary 50, 61-869 Poznan, 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, 8^th 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. Garbary 50, 61-869 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

This Privacy Policy states the rules of how we collect and use the personal data of our customers making purchases on our Internet shop available at hadaki.co.pl (in this document: Shop) and using the services and functions that we offer as part of the Shop.

WHO IS RESPONSIBLE FOR PROCESSING YOUR PERSONAL DATA

Your personal data controller, i.e. the subject responsible for processing the data is 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“).
Regarding all matters connected with your personal data and their protection, you can write to us at hello@hadaki.co

RULES OF THE PRIVACY POLICY

Your personal data are processed by the Controller in compliance with law regulations, in particular with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/ec (hereinafter: “GDPR”).

WHAT PERSONAL DATA WE COLLECT

This Policy concerns all of our customers (existing, potential and former customers) according to the provisions of law, we are required to store some personal data also for a determined period of time after the termination of our relations and, within a limited scope, of persons who use our Website not being our customers (persons visiting the Shop).
Which data that we collect and process depends on how you use our Shop. The data that we collect in relation to using the Shop are, in particular:
• data allowing us to identify the Shop’s user (e.g. name, surname, contact data);
• transaction or financial information (e.g. payment data), information concerning orders, purchases, returns, discounts;
• data concerning the user’s likes and preferences (e.g. data concerning how often the user visits our Shop, which Products they are interested in – based on the number of clicks on a particular Product).
In the case when in order to carry out a purchase or other service available in the Shop, we ask users to provide personal data, some of the fields may be marked as required fields because these data are necessary to carry out the contract or service. In such cases, if you do not decide to share these data with us, using some of the functions or services within the Shop may be impossible.

WHY WE COLLECT DATA

Based on how you use our Shop, we may process your personal data for one of the purposes below:
• signing up on our Shop, i.e. creating a user Account – for this, we need data necessary to identify the user and grant them access to their Account. The basis for processing data in order to register and create an Account is the carrying out of a contract, i.e. carrying out the Shop’s Terms of Service (article 6 section 1 point b GDPR);
• entering and carrying out a sales contract or contract connected with us sharing the data in order to carry out an Order, including transferring information about its details, managing payments for purchased Products, managing possible returns after purchasing, issuing an invoice or receipt, carrying out other services available in the Shop connected with discount cards, gift cards or special offers and deals. The basis for processing data in order to register and create an Account is the carrying out of a contract (article 6 section 1 point b GDPR);
• pursuing or protecting possible claims, which constitutes our legally legitimate interest as the controller (article 6 section 1 point f GDPR);
• handling enquiries sent via e-mail. We process these data for this purpose based on an entered agreement (article 6 section 1 point b GDPR) or, if the enquiry concerns the rights described in this Privacy Policy or customer complaints about our Products, the basis for the data processing may also be the requirement of fulfilling our legal obligations (article 6 section 1 point c GDPR);
• conducting promotional activities, e.g. competitions where by participating, the user authorizes us to process the shared data in the scope and on conditions described in separate terms of service, i.e. in order to carry out a contract (article 6 section 1 point b GDPR) or based on the activity participant’s agreement (article 6 section 1 point b GDPR);
• analyzing the usefulness of our Shop and improving it, i.e. for analytical and statistical purposes – we process data in order to analyze how users use our Shop’s pages. The basis for data processing is the controller’s legitimate interest (article 6 section 1 point f GDPR) here being the improvement of the quality of services or products provided by the controller;
• presenting personalized marketing content adjusted to the user’s interests, we can learn about their preferences, e.g. through analyzing how often the user visits the Shop, which Products they were interested in (among others through an analysis of the number of clicks on a particular Product or adding it to the wishlist). The basis for data processing is the controller’s legitimate interest (article 6 section 1 point f GDPR) which is a better understanding of our customers’ expectations and adjusting our services to their needs.

HOW LONG WE PROCESS DATA

We will process personal data belonging to our clients and persons visiting our Shop only for the period necessary to carry out the purpose for which they have been collected, i.e.
• for the period in which you are registered in the Shop, i.e. you own a client Account;
• for the period necessary to carry out the Product sales contract and post-sales service, i.e. the period necessary to carry out possible returns or complaints and for the period arising from the provisions of law (among others, the bill on accounting) and after its expiration, the period determined in the provisions of law to pursue or protect possible claims;
• if we process your data based on your separately given agreement, we will process them for the period determined in the statement on giving consent, but never longer than until its withdrawal;
• in the case of marketing activities whose carrying out constitutes our legally legitimate interest, we will process the data until you issue an objection to their further processing.

YOUR RIGHTS

You have the right to access the content of your data and obtain their copy, the right to rectify the data should they be incomplete or wrong, the right to remove your data or limit their processing, the right to transfer your data to another controller or, in the case where the processing is based on an issued agreement, the right to withdraw your agreement at any time without an impact on the compliance with the processing right which was conducted based on this agreement before withdrawing it.
You also have the right to object to further processing of your data.
You may exercise all the rights mentioned above by contacting us at hello@hadaki.co. It is enough to describe the right you would like to exercise. In order to carry out your rights, particularly to identify you, we may ask you to provide us with additional information.
You can also issue a complaint to the supervisory body (the Head of the Personal Data Protection Office Stawki 2 Street, 00-193 Warszawa) should you think the personal data processing infringes on the GDPR provisions.

RECIPIENTS OF YOUR DATA

We will share your personal data only with our trusted partners i.e. subjects supporting us in the scope of the services that we provide, such as: financial institutions, technology service providers, transportation, mail, delivery service providers, providers of services connected with customer care, providers of services connected with promotion and advertising.
If any of our providers has their headquarters in a country outside the EEA territory, we each time make sure that they provide appropriate data security warrants, whose confirmation for us is having an appropriate certificate, e.g. Privacy Shield (for US subjects) which may be checked on this link: https://www.privacyshield.gov/list or signing Standard Contractual Clauses confirmed by the Committee.

ADDITIONAL INFORMATION

Providing your data is voluntary, but it may be necessary to enter a sales contract or share some of the Shop’s functionalities. Therefore, the consequence of not providing them may be, in some cases, the inability to enter a sales contract, create a customer Account or reply to your question.
In the shop, there might periodically appear links directing to other websites. Such websites work independently from our Shop and are not supervised by us. They may have their own policies regarding privacy which we recommend for you to familiarize yourself with before using such a website. The Shop is not responsible for the rules of treating data from the owners of such websites.
We do our utmost to secure your data and protect them from unauthorized actions from third parties. We use necessary security measures for servers in order to protect data, particularly the SSL certificate protocol. All connections connected with making electronic payments, in the case of choosing this option, will happen through a secure, encrypted connection. Our actions may be insufficient if you fail to take precautions, particularly it is important to keep your Account login and password confidential and not to share them with third parties. In order to prevent unauthorized persons from using the account, please log out after you finish using the Shop.
The provisions of this Privacy Policy may be changed, among others in case of the changing of the Shop’s function, introducing changes, new services or functionalities. We will inform about all changes to our Privacy Policy immediately on the Shop’s website.

COOKIE FILES POLICY

When you use the Shop, user data such as the IP address, domain name, type of browser are automatically collected. These data may be collected by cookie files, or other mechanisms such as Google Analytics, Web Beacon system, they may also be saved in the server’s logs. These mechanisms are applied in order to make it easier for users to use our Shop, learn about their preferences of the way of using the Shop, display advertisements and information adjusted to the user’s preferences. Cookie files are small text files sent by the Shop to your end device (e.g. computer, phone, tablet etc.) when using the Shop. Such files usually contain the name of the website that they come from, the time of storing them on the end device and a unique number.
Cookie files are used, among others, to:
• adjust the Shop’s contents to the user’s preferences and optimize the use of the Shop, in particular, these files allow to recognize the Shop user’s device and display the Shop’s website appropriately to their individual needs;
• create statistics which help understand how the Shop’s users use websites which allows to improve their structure and contents;
• keep the Shop user’s session (after logging in to the Account) thanks to which the user does not have enter their login and password on each sub-page of the website.
The cookie files that we use may have either temporary or permanent character. Session (temporary) cookie files are removed at the moment of closing the browser, whereas persistent (permanent) cookie files are stored also after you finish using the Shop and serve to store information such as your login or password, which makes it easier and faster to use the Shop.
Within the Shop, we use:
• indispensable cookie files, i.e. the ones that make using the services within the Shop possible, e.g. authenticating cookie files used for services that require authentication;
• cookie files used to ensure security, e.g. used to detect abuse in the scope of registration to the Shop;
• the so-called efficiency cookies which allow to collect information about the way of using the Shop;
• functional cookies which allow to “remember” the settings selected by the users and personalize the user interface;
• advertising cookie files that allow to provide users with advertising content adjusted to their interests.
Cookie files placed on your end device may also be used by partners and advertisers cooperating with us.
In every case, you can block installing cookie files or remove persistent cookie files using the appropriate options in your Internet browser. Should you have any problems, please use your browser’s help file or contact the browser’s producer. You can find more useful information about cookie files here: www.wszystkoociasteczkach.pl
Along with cookie files, the Shop may also collect data as part of the so-called logs or journal files. The information contained in the logs may include, among others, your IP address, type of platform and Internet browser, Internet provider and the address of the website from which you entered the Shop’s website. Some sub-pages of the Shop and ways of communication may contain the so-called Web Beacons which allow to receive information such as the computer’s IP address, the website’s URL number, loading time, type of browser.
The Shop uses Google Analytics, an Internet analytics service provided by Google Inc. (“Google”). Google Analytics collects cookie files constituting information regarding the viewability of websites and the user’s system profile (including their IP address). This information is shared with Google and stored by it on servers in the United States. Google uses this information to assess the use of the website by the user, create reports for website owners on the traffic and provide other services connected with traffic on websites and Internet usage. Users’ IP addresses are not linked with any other data in Google’s possession. Google may also transfer this information to third parties if it is required by law, or if third parties process this information for Google. You may block cookie usage choosing the appropriate settings in your Internet browser, but in this case, some of the Shop’s functions may be unavailable.

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.