Terms and Conditions
The terms used in these Terms and Conditions have the meaning as follows:
1. Customer – a natural person, legal person or organisational unit not being a legal person, vested with legal capacity by specific provisions, which places the Order in the Shop;
2. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
3. Terms and Conditions – these Terms and Conditions for electronically supplied services in the Online Shop Helikon-Tex.com;
4. Online Shop (Shop) – a website available at Helikon-Tex.com, where the Customer may, in particular, place Orders;
5. Goods – the products presented in the Online Shop;
6. Selling Contract – the Contract for the sale of Goods within the meaning of the Civil Code, concluded between Helikon-Tex.com and the Customer via the Shop’s website;
7. Consumer Rights Act – the Act of 30 May 2014 on the rights of consumers (Journal of Laws 2014, No. 827);
8. Electronically Supplied Services Act – the Act of 18 July 2002 on electronically supplied services (Journal of Laws No. 144, Item 1204 as amended);
9. Order – the Customer’s declaration of will leading directly to the conclusion of the Selling Contract, specifying in particular the type and quantity of the Goods.
II. GENERAL PROVISIONS
1. These Terms and Conditions specify the rules of using the Online Shop which is available at www.helikon-tex.com.
2. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Electronically Supplied Services Act.
3. The Online Shop helikon-tex.com, available at helikon-tex.com, is operated by Helikon-Tex sp. z o. o. with its registered office in Wrocław, ul. Radomska 34, 54-032 Wrocław, entered into the National Court Register - the register of entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under the number KRS 0000410970, share capital: PLN 100,000, National Official Business Register Number (REGON): 021820847, VAT: PL894303790.
4. These Terms and Conditions specify in particular:
- rules for registration and use of the account in the Online Shop;
- terms and conditions for placing Orders electronically in the Online Shop;
- rules for the conclusion of Selling Contracts with the use of the services provided in the Online Shop;
5. The Online Shop may be used provided that the ICT system used by the Customer meets the following minimum technical requirements: a computer or a different electronic device with access to the Internet; connection to the Internet; a web browser; an active electronic mail (e-mail) address.
6. In order to use the Online Shop, the Customer should, by themselves, acquire access to a computer station or an end device with access to the Internet.
7. In accordance with the applicable law, Helikon-Tex.com reserves the possibility to provide services via the Online Shop only to persons at least 18 years of age. In this case, potential Customers will be informed accordingly.
8. Customers may access these Terms and Conditions at any time via the link provided on the home page of the Helikon-Tex.com website. The file is downloadable and printable.
9. For various products in the same batch, their dimensions, volume and weight may differ slightly from those specified in the description.
III. THE RULES OF USING THE ONLINE SHOP
1. Registration in the Online Shop is optional. The Customer may place an order without registering at the Shop, after reading these Terms and Conditions and accepting them. Registration is completed by filling and accepting the registration form available on one of the pages of the Online Shop. Registration requires accepting the content of the Terms and Conditions and providing the personal data indicated as mandatory. Helikon-Tex.com may deprive the Customer of the right to use the Online Shop, and may also restrict their access to some or all of the resources of the Online Shop, with immediate effect, if the Customer breaches the Terms and Conditions, in particular in the following cases:
- during registration at the Online Shop, the Customer provided data which is untrue, inaccurate or outdated, misleading or infringing the rights of third parties,
- using the Online Shop, the Customer infringed third party personality rights, in particular personality rights of other customers of the Online Shop,
- the Customer performed other actions which Helikon-Tex.com considers illegal or inconsistent with general rules of using the Internet or harmful to the good reputation of Helikon-Tex.com
2. In order to ensure the safety of transmission of messages and data in connection with the services provided in the Online Shop, the Online Shop will apply technical and organisational measures corresponding to the risks to the safety of the services provided, in particular measures preventing unauthorised acquisition and modification of personal data transmitted in the Internet.
3. The Customer is obliged in particular:
- not to provide or transfer any content prohibited by the provisions of law, e.g. the content promoting violence, defamatory or infringing personality rights and other rights of third parties,
- to use the Online Shop in a manner which will not disrupt its functioning, in particular by the use of specific software or hardware,
- not to perform activities such as: sending or placing unsolicited commercial information (spam) within the Online Shop,
- to use the Online Shop in a manner not causing inconveniences for other customers and for Helikon-Tex.com,
- to use any content presented in the Online Shop only for their own personal purposes,
- to use the Online Shop in a manner consistent with the provisions of law applicable at the territory of the Republic of Poland, with these Terms and Conditions, and also with the general rules of using the Internet.
IV. PROCEDURE FOR THE CONCLUSION OF THE SELLING CONTRACT
1. To conclude the Selling Contract via the Online Shop, the Customer should go to Helikon-Tex.com, make selection and proceed with the technical steps as advised by messages displayed for the Customer and information available on the page.
2. To select the Goods to order, the Customer should add them to the basket.
3. When placing the Order – until the button is pressed to confirm the Order – the Customer may modify the data entered and their selection of the Goods. To do this, the Customer should follow the messages displayed and information available on the page.
4. After the Customer using the Online Shop provides all the necessary data, the Order summary will be displayed. The Order summary will include, among others, description of the selected goods or services, total price and all other costs.
5. The Order may be sent only after the Customer accepts the Terms and Conditions, provides the personal data indicated as mandatory and presses the button to confirm the Order.
6. Information about the Goods provided on the Shop’s website constitute an offer within the meaning of Article 66 of the Civil Code. The Order sent by the Customer constitutes a declaration of will to conclude a Selling Contract with Helikon-Tex.com, in accordance with the Terms and Conditions. The Contract is considered concluded as soon as the Customer’s Order is recorded in the IT system of the Online Shop, provided that the Order complies with the Terms and Conditions. After conclusion of the Contract, the Customer receives an e-mail confirming all relevant elements of the Order.
7. The Selling Contract is concluded in the language depending on the language version selected by the Customer in the process of placing the Order - with the content compliant with the Terms and Conditions.
8. The Order data and the General Conditions (terms and conditions of sale) are fixed, secured and made available via electronic mail. Previous Orders may be viewed in the account after signing in.
1. The Goods are delivered to the address indicated by the Customer when placing the Order.
2. The ordered Goods are delivered by the UPS courier service. Delivery costs will be indicated at the time of placing the Order.
3. The Order will be completed, i.e. the Goods will be dispatched to the buyer, within 5 working days. If the Order is placed on a non-working day or on the day preceding such a day (Saturday, Sunday, holidays), the Order completion time will be extended by the number of non-working days. If the Order is placed after 12.00, the time needed to dispatch the Goods will be extended by 12 hours.
4. The Seller reserves the right to extend delivery times in the case of national holidays, stocktaking or required technical works. In such cases the information about possible delays will be presented on the Online Shop’s website.
VI. PRICES AND PAYMENT METHODS
1. The Goods’ prices are provided in the Shop’s currency and cover all the components, including the VAT (with indication of the rate).
2. The Customer may make the payment of the price as follows:
a) via the PayU system
Transactions made with the credit card and e-transfer are settled via the Acquirer of PayU.
b) via the PayPal system
The credit card is charged at the time of placing the Order.
c) cash on delivery (for shipments in Poland only)
Payment with cash made on delivery of the package.
VII. THE RIGHT OF WITHDRAWAL FROM DISTANCE AGREEMENTS
The right of withdrawal from the Contract
You have the right to withdraw from this Contract within 14 days without giving any reason. The time allowed to withdraw from this Contract is 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item. In order to exercise the right of withdrawal please notify us (Helikon-Tex sp. z o. o., ul. Zachodnia 9, Błonie, 55-330 Miękinia, e-mail: email@example.com, tel.: +48 71 769 45 90) of your decision to withdraw from this Contract by way of an express statement (e.g. a letter sent by post, fax or e-mail). You may use the form of withdrawal from the contract, but this is not obligatory. To keep the deadline allowed for withdrawal from the Contract it is sufficient to send the information on your wish to exercise your right of withdrawal before the end of the period allowed.
Effects of withdrawal from the Contract
In the case of withdrawal from this Contract, we will reimburse you for all the payments received from you, including the costs of delivery of the item, immediately, but in any case not later than 14 days from the date on which we are notified of your decision to exercise the right of withdrawal from this Contract. The payment will be reimbursed with the same payment method you used in the original transaction, unless you expressly agree to a different solution; in any case, you will not be charged with any fees in connection with the reimbursement. We may suspend the reimbursement until we receive the item or the proof that it has been sent back, whichever occurs first. Please deliver or send the item back to us immediately, but in any case not later than 14 days from the date on which we are notified of your withdrawal from this Contract. The deadline is considered to have been met if you send the item before the lapse of the 14-days’ period. You will have to bear direct costs connected with the return of the item. You are only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal is excluded for the customer in the case of:
- contracts where the price or remuneration is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- contracts where the subject is an item which is nonprefabricated, made to the consumer’s specifications or clearly personalised;
- contracts where the subject is an item which is liable to deteriorate or expire rapidly;
- contracts where the subject is an item delivered in a sealed package which, after the package is opened, are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- contracts where the subject are items which are, after delivery, according to their nature, inseparably mixed with other items;
- contracts where the subject are 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 the trader;
- contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If the trader provides services in addition to those specifically requested by the consumer or items other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal applies to those additional services or goods;
- contracts where the subject are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- contracts concluded at a public auction;
FORM OF WITHDRAWAL FROM THE AGREEMENT
(fill and send only if you wish to withdraw from the contract)
- Adressee: Helikon-Tex sp. z o. o., ul. Radomska 34, 54-032 Wrocław, firstname.lastname@example.org, Telephone: +48 71 769 45 90
- I/We(*) hereby inform about withdrawal from the selling contract for the following items(*) delivery contract for the following items(*) contract for specific work involving the production of the following item(*)/performance of a specific service(*)
- The date of the conclusion of the contract(*)/receipt(*)
- Name and family name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete as appropriate.
Address for returns:
Helikon-Tex Sp. z o.o.
ul. Zachodnia 9, Błonie
VIII. THE RIGHT OF WITHDRAWAL UNDER WARRANTY OR IN THE CASE OF COMPLAINTS
Helikon branded products are covered by a 2 year warranty. The customer has the right to lodge a complaint under warranty or statutory warranty with the seller or manufacturer. To lodge a complaint, a proof of purchase is required: a receipt, invoice, confirmation of a card payment transaction, statement of account etc. In the case of accepted complaints, the customer is entitled to reimbursement of the shipping costs. The trader must respond to the lodged complaint within 14 days. Otherwise the complaint is deemed accepted.
The matters not regulated in these Terms and Conditions will be governed by the provisions of the Civil Code and the Acts on consumer rights protection and the Act on personal data protection.
IX. COMPLAINTS IN RESPECT OF ELECTRONICALLY SUPPLIED SERVICES
1. Helikon-Tex.com takes steps in order to ensure the the proper functioning of the Shop in the scope that results from the current technical knowledge and undertakes to remove in a reasonable time all irregularities reported by the Customer.
2. The Customer is obliged to notify Helikon-Tex.com immediately about any irregularities or interruptions in the functioning of the Online Shop.
3. Information about irregularities related to the functioning of the Shop may be sent by the Customer to the address: Helikon-Tex sp. z o. o., ul. Zachodnia 9, Błonie, 55-330 Miękinia, email@example.com
4. In the complaint, the Customer should provide their name and surname, mailing address, type and date of the irregularity related to the functioning of the Shop.
5. Helikon-Tex.com undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within that period about the time when the complaint will be considered.
X. FINAL PROVISIONS
1. Any disputes arising between Helikon-Tex.com and the Customer being a consumer within the meaning of Article 22(1) of the Civil Code will be referred for settlement by competent courts in accordance with the stipulations of the relevant provisions of the Code of Civil Procedure.
2. Any disputes arising between Helikon-Tex.com and the Customer not being a consumer within the meaning of Article 22(1) of the Civil Code will be referred for settlement by a competent court proper for the registered office of Helikon-Tex.com.
3. The matters not provided for in these Terms and Conditions are governed by the provisions of the Civil Code, the provisions of the Electronically Supplied Services Act and other relevant provisions of the Polish law.