TERMS AND CONDITIONS OF HELIKON-TEX.COM STORE
§1 – Definitions
The terms used in this document shall mean:
1. Terms and Conditions – this document defining the rules of sale and the conditions for providing free services.
2. Seller – company Entire M sp. z o.o. based in Wrocław, ul. Radomska 34, 54-032 Wrocław, entered into the register of entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Department of the National Court Register under KRS number 0000410970, NIP: 8943037908, REGON: 021820847, share capital 100,000.00, phone: +48 71 769 45 90, e-mail: [email protected], which is the owner of the store.
3. Online Store / Store – a website under the helikon-tex.com domain, through which the Seller conducts online sales and provides services free of charge.
4. Customer – a natural or legal person, including a Consumer or an Entrepreneur with consumer rights, who uses the Online Store, including the person for whom the Account has been created and who makes a purchase via the Online Store website on the terms set out in these Terms and Conditions.
5. Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
6. Entrepreneur with consumer rights – a natural person concluding a contract with an entrepreneur directly related to his business activity, the content of which results that it does not have a professional character for that person.
7. Account – the Customer panel administered by the Store, in which information about the Customer is maintained, including in particular the history of orders.
8. Registration – the procedure for creating an Account.
9. Agreement – asignificant sales agreement concluded at a distance between the Customer and the Store, under the conditions specified in the Terms and Conditions, regarding goods available in the Online Store.
10. Working day – every day from Monday to Friday, excluding public holidays.
§2 – Technical requirements
3. In case of problems regarding the operation of the Store, including its individual functionalities, Customers can use technical support electronically by sending an inquiry to: [email protected].
§3 – Registration
1. The Store offers Customers the opportunity to set up an Account where Customers can, in particular, update their data, change their password, as well as view their orders.
2. Registration is possible outside the purchasing process.
3. Registration shall be done by filling in the registration form, in which you should provide data marked as mandatory and check the checkbox regarding reading the Terms and Conditions.
4. As a result of Registration, an Account is created for the Customer. The Customer receives an e-mail confirming the creation of an Account.
5. The Seller provides the Customer with a free service in the form of maintaining the Customer Account. The contract for the provision of this service is concluded when the Customer receives the message referred to in paragraph 4 above. The Account maintenance agreement is concluded for an indefinite period. The Customer may terminate this agreement at any time and without giving reasons by submitting an appropriate statement or requesting the deletion of the Account, which results in the termination of the contract for the provision of services maintaining the Account in the Online Store. In order to terminate the Account maintenance agreement, an e-mail should be sent to the following address: [email protected]. In a situation where the Seller is in the process of fulfilling the order placed by the Customer and accepted by the Store, the effect of termination of the agreement will occur upon completion of the order in question. The data of the Customer who has terminated the Account maintenance agreement shall be deleted, unless there is another basis for further processing of the Customer's data, about which the Customer will be informed.
6. It is forbidden for the Customer to post illegal content among the information available on the Account.
7. It is forbidden for Customers to use the accounts of other Customers and to share their Account with other Customers.
8. The Store allows you to log in to the Account also through the account of a given Customer created on Facebook. If the Customer chooses the above method of logging into the Account, Facebook, on the basis of the Customer verification mechanisms used by Facebook, will provide the Seller - only for the purpose of verifying the Customer's identity - with the Customer's data from his Facebook account in the scope of: name, surname, e-mail address and profile picture. By choosing this form of logging into the Account, the Customer acknowledges that his personal data in the above scope will be made available to the Seller, as a separate administrator of personal data, by Facebook, and the Seller will use these data only for the purpose of enabling logging into the Account.
§4 – Orders – ordering and fulfillment
1. Orders in the Store can be placed 7 (seven) days a week, 24 hours a day.
2. Orders in the Store can be placed without an Account, then you should choose the option of placing an order as a guest.
3. The information containedin the Store does not constitute an offer within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a contract.
4. The sale of goods in the Online Store takes place in the following currencies: Polish Zloty, Euro, US dollar.
5. Orders are carried out, as a rule, in the Republic of Poland and other European Union countries, and in the countries outside the European Union to the countries indicated in the Online Store.
6. The prices given in the purchasing process are gross prices, i.e. they include VAT, but do not include delivery prices. The cost of shipping is added to the price of ordered goods, the cost of shipping depends on the selected delivery method, which is indicated in the ordering process and added to the price of goods at the end of the order. Subject to paragraph 7 below, the final amount to be paid for a given order placed consists of: the price of the goods and the costs of delivery of the goods.
7. In the case of delivery to a country outside the European Union, the Customer may be required to pay import duties and taxes that are imposed upon arrival of the shipment at the indicated destination. The Customer will then be obliged to bear any additional costs of customs clearance independent of the Seller. The customer must be aware that the customs policy rules in force in individual countries may differ significantly. For additional information, including formal information, the Customer should contact his local customs office. In addition, the Customer is obliged to complete all legal formalities in force in the country to which the orders are delivered. Cross-border shipments may be opened and controlled by customs authorities.
8. The customer places an order by adding the goods to the basket by selecting the quantity of the ordered goods and the size or color or other parameters.
9. After adding goods to the basket, the Customer has the option to verify the goods added to the basket, including their possible removal, changing the size or color, getting acquainted with the total price of the order and adding discount codes.
10. At this stage, the Customer can return to making further purchases or proceed to checkout by clicking on the appropriate buttons.
11. After going to checkout, the Customer is redirected to the screen where he can log in if he has an Account or place orders as a guest.
12. In the case of Customers making a purchase without Registration and logging in to the Account, a prerequisite for the execution of the order is the correct completion of the order form available after adding the goods to the basket and moving to order fulfillment.
13. The customer proceeds to indicate the addresses, including the address for the delivery of the order.
14. Orders are carried out via UPS courier. The delivery price depends on the delivery address and is calculated in the purchasing process.
15. If you order several goods, the shipping cost is charged as for ordering one item.
16. The customer can choose the following payment systems:
16.1. on-line transfer – bank transfer via the external PayU payment system, operated by PayU S.A. with its registered office in Poznań, 60-166 Poznań, at 186 Grunwaldzka Street, entered into the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wildin Poznań, VIII Commercial Department of the National Court Register under KRS number 0000274399, with tax identification number NIP 779-23-08-495, with share capital in the amount of PLN 6,474,300.00, paid in full; a national payment institutionsupervised by the Polish Financial Supervision Authority, entered into the Register of payment services under number IP1/2012 – via the PayU system, The Customer can choose payment via the appropriate bank, BLIK, Google Pay, Apple Pay, payment in installments, deferred payment (Twisto), in this case, the order is processed after the Seller receives information from the PayU system about the payment made by the Customer. The rules for making payments by Customers via the PayU system and the complaint procedure are available at https://static.payu.com/sites/terms/files/payu_terms_of_service_single_transaction_pl_pl.pdf
16.2. transfer via the PayPal system operated by PayPal (Europe) S.a.r.l. et Cie, S.C.A. with its registered office in Luxembourg – in this case, the order is processed after the Seller receives information from the PayPal system about the paymentmade by the Customer. The rules for making payments by Customers via the PayPal System and the complaint procedure are available at https://www.paypal.com/pl/webapps/mpp/ua/servicedescription-full.
16.3. in case of orders carried out on the territory of Poland - cash on delivery (COD), however, Customers using this method of payment are not entitled to use discount codes, bons and vouchers.
17. The Customer, as a rule, is obliged to settle the amount due for the order directly in the ordering process in the manner specified in paragraph 16 of this paragraph, subject to payment on delivery (COD).
18. After selecting the method of payment and informing the Customer about the total gross order amount, including the price for the goods and delivery costs, the Customer places an order by clicking on the button labeled with the words "I confirm the purchase and pay" or other equivalent wording.
19. Before placing an order, the Customer is obliged to confirm – by ticking the appropriate checkbox – that he has read the Terms and Conditions and accepts the provisions contained therein. The Customer has the option of downloading the Terms and conditions and saving them on his computer.
20. Sending the order to the Seller constitutes submitting an offer to him to conclude the Agreement.
21. After receiving the order, the Seller immediately sends the Customer a confirmation of its submission to the e-mail address indicated by the Customer.
22. Then the Seller sends an email to the Customer with information about the shipment of the order. Information on the shipment of the order constitutes the Seller's statement on the acceptance of the Customer's offer and upon its receipt by the Customer, the Agreement is concluded.
23. The delivery time, i.e. shipment of the subject of the order, is, as a rule, up to 5 (five) business days. If the order was placed on the day preceding the non-working day or on a non-working day (Saturday, Sunday, holidays), the time of order fulfillment is extended by the number of non-working days. If the order was placed after 1 p.m., the shipping time is extended by 12 hours. The maximum delivery time is up to 14 business days. In the case of a longer deadline, the Customer will be informed about this fact by the Seller.
24. In the event of inability to complete the order due to, for example, unavailability of the subject of the order or other problems with its implementation, the Seller will contact the Customer to determine the method and time of order fulfillment or possible withdrawal from the order.
25. The Customer, before collecting the parcel from the courier, should check whether the packaging in which the purchased goods were delivered has not been damaged in transport. If the packaging of the parcel bears a sign of damage, the Customer has the right to draw up a protocol in the presence of the courier and should immediately contact the Online Store.
26. Accounting documents are issued for each order, and are delivered to the Customer.
27. The Customer, informing that he has read the Terms and Conditions, grants the Seller acceptance – within the meaning of art. 106n paragraph 1 of the Act of 11 March 2004 on the tax on goods and services (VAT) – for the Seller to use electronic invoices in relation to the Customer, including sending (making available) to the Customer electronic invoices issued by the Seller in PDF file format via e-mail to the Customer's e-mail address provided by the Customer in the purchasing process or in the Registration process.
28. The Customer has the opportunity to agree to receive, to the e-mail address indicated by him, requests for issuing opinions regarding purchases made by the Customer. Consent is given by checking the appropriate checkbox. The Customer may withdraw the consent at any time. Withdrawal of consent takes place by sending an e-mail to the following address: [email protected].
§5 – Withdrawal from the Agreement – returns
1. Within 14 days from the date of receipt of the order, the Consumer or Entrepreneur with the rights of a consumer who concluded the Agreement may withdraw from it without giving reasons, by submitting an appropriate statement, with the reservation that the benefits and products from the purchase of which, in accordance with applicable law, cannot be withdrawn, are not refundable, pursuant to the Act of consumer rights, including, for example, when the subject of the contract is a non-prefabricated item, manufactured according to the specifications of the Consumer or Entrepreneur with consumer rights or serving to satisfy his individual needs, as well as when the subject of the contract is the goods delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
2. To meet the 14-day deadline referred to in paragraph 1 above, it is sufficient to send a statement of withdrawal from the Agreement before the expiry of this period to the following address: Helikon-Tex, Zachodnia 9, Błonie 55-330 Miękinia, Poland, or a scan of the statement or statement of withdrawal in the e-mail address: [email protected]. The return procedure will be significantly accelerated if the withdrawal notice is also sent together with the goods to which it relates.
3. In order to submit the statement referred to in paragraph 2 above, the Consumer or Entrepreneur with consumer, rights may use the statement template of withdrawal from the Agreement, available at the link: DECLARATION OF WITHDRAWAL FROM A DISTANCE CONTRACT.
4. In the event of withdrawal by the Consumer or Entrepreneur on the rights of a consumer, from the Agreement, the Agreement is considered void.
5. The Consumer or Entrepreneur with consumer rights, is obliged to return to the Seller the goods covered by the Agreement to which the declaration of withdrawal relates, immediately, but not later than 14 (fourteen) days from the date on which he withdrew from the contract. The returned goods should be sent to the following address: Helikon-Tex, Zachodnia 9, Błonie 55-330 Miękinia. To meet the deadline, it is sufficient to send back the goods before the deadline expires. The return procedure will be significantly accelerated if the goods are sent together with a statement of withdrawal from the Agreement, due to the circumstance indicated in paragraph 8 below regarding the possibility of the Seller withholding the refund of the amounts in the cases specified in this paragraph.
6. The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the goods, with the proviso that in the case of deliveries within the EU, the Seller attaches return labels to the orders and if the Customer uses the attached return label, the Seller bears the direct costs of returning the goods.
7. The Consumer or Entrepreneur with consumer rights is responsible for reducing the value of the goods as a result of using it in the manner going beyond what is necessary to establish the nature, characteristics and functioning of the goods.
8. Immediately, but not later than 14 days from the date of receipt of the statement of withdrawal from the Agreement, with the proviso that the refund of payment may be suspended until the goods are received by the Seller or until the Consumer or Entrepreneur with consumer rights, provides proof of its return to the Seller, whichever occurs first, the Seller returns to the Consumer or Entrepreneur on consumer rights all payments received from a Consumer or Entrepreneur with consumer rights, including, subject to paragraph 9 below, the costs of delivering the item to the Consumer or Entrepreneur with consumer rights.
9. If the Consumer or the Entrepreneur with consumer rights has chosen a method of delivery of the order other than the cheapest usual delivery method offered by the Seller, then, in the event of withdrawal from the Agreement, the Seller is not obliged to reimburse the Consumer or Entrepreneur with the rights of a consumer for additional costs incurred by him.
10. The refund of payments is made using the same method of payment as used by the Consumer or Entrepreneur with consumer rights, unless the Consumer or Entrepreneur with consumer rights agrees to a different method of refund, which does not involve any costs for him.
§6 – Complaints
1. The Seller is obliged to provide the Customer with goods in compliance with the Agreement.
2. The goods are not in compliance with the Agreement when the following are inconsistent with the Agreement:
- description, type, quantity, quality, completeness and functionality;
- suitability for a specific purpose for which it is needed by a Consumer or an Entrepreneur with consumer rights, about which the Consumer or Entrepreneur with consumer rights, notified the Seller at the latest at the time of conclusion of the Agreement and which the Seller accepted.
3. To be deemed to be in compliance with the Agreement, goods must:
3.1. be fit for the purposes for which such goods are normally used, taking into account applicable law, technical standards or good practice;
3.2. be present in such quantity and have such features, including durability and safety, as are typical for goods of this type and which the Consumer or Entrepreneur with consumer rights, can reasonably expect, taking into account the nature of the goods and public assurance given by the Seller, his legal predecessors or persons acting on their behalf, in particular in advertising or on labels, unless the Seller demonstrates that:
- he did not know about the public assurance and, judging reasonably, could not have known about it,
- prior to the conclusion of the Agreement, the public assurance has been rectified in accordance with the conditions and form in which the public assurance was given, or in a comparable manner,
- the public assurance does not influence the consumer's decision to conclude the Agreement;
3.3. be supplied with packaging, accessories and instructions that the Consumer or Entrepreneur with consumer rights can reasonably expect to deliver;
3.4. be of the same quality as the sample or pattern that the Seller made available to the Consumer or the Entrepreneuras a consumer before the conclusion of the Agreement and correspond to the description of such sample or such pattern.
4. If the goods are not in compliance with the Agreement, the Consumer or Entrepreneur with consumer rights may request their repair or replacement.
5. The Seller may make a replacement when the Consumer or Entrepreneur with consumer rights requests repair or the Seller may make repairs when the Consumer or Entrepreneur with consumer rights requests replacement, if bringing the goods into compliance with the Agreement in the manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into compliance with the Agreement.
6. When assessing the excessive costs for the Seller, all the circumstances of the case are taken into account, in particular the significance of the lack of compliance of the goods with the Agreement, the value of the goods in accordance with the Agreement and excessive inconvenience for the Consumer or Entrepreneur with consumer rights, resulting from the change in the manner of bringing the goods into compliance with the Agreement.
7. The Seller shall repair or replace the goods, within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with consumer rights about the lack of compliance with the Agreement, and without undue inconvenience to the Consumer or the Entrepreneur with consumer rights, taking into account the specificity of the goods and the purpose in which the Consumer or Entrepreneur purchased it as a consumer. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
8. The Consumer or Entrepreneur with consumer rights shall provide the Seller with goods subject to repair or replacement. The Seller collects the goods from the Consumer or Entrepreneur with consumer rights at his own expense.
9. The Consumer or Entrepreneur with consumer rights is not obliged to pay for an ordinary use of the goods, which was subsequently replaced.
10. The Consumer or Entrepreneur with consumer rights may submit a statement on price reduction or withdrawal from the Agreement when:
- the Seller refused to bring the goods into compliance with the Agreement byconsent. 5;
- the Seller has not brought the goods into compliance with the Agreement in accordance with paragraphs 7-8;
- the lack of compliance of the goods with the Agreement persists despite the fact that the Seller has tried to bring the goods into conformity with the Agreement;
- the lack of compliance of the goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measures referred to in paragraph 3 - 9;
- from the Seller's statement or circumstances it is clear that he will not bring the goods into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur with consumer rights.
11. The reduced price must be in the same proportion to the price resulting from the Agreement in which the value of the goods not in compliance with the Agreement remains to the value of the goods in compliance with the Agreement.
12. The Entrepreneur returns to the Consumer or Entrepreneur with consumer rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with consumer rights on the price reduction.
13. The Consumer or Entrepreneur with consumer rights may not withdraw from the Agreement if the lack of compliance of the goods with the Agreement is irrelevant.
14. If the lack of compliance with the Agreement concerns only some of the goods delivered under the Agreement, the Consumer or Entrepreneur with consumer rights, may withdraw from the Agreement only in relation to these goods, as well as in relation to other goods purchased by the Consumer or the Entrepreneur on consumer rights together with goods not in compliance with the Agreement, if it cannot reasonably be expected, that the Consumer or Entrepreneur with consumer rights, agrees to keep only goods in compliance with the Agreement.
15. In the event of withdrawal from the contract, the Consumer or Entrepreneur with consumer rights, shall immediately return the goods to the Seller at his expense. The Seller returns the price to the Consumer or Entrepreneur with the rights of a consumer, immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
16. The Seller shall refund the price using the same method of payment as used by the Consumer or Entrepreneur as a consumer, unless the Consumer or Entrepreneurwith consumer rights has expressly agreed to a different method of refund, which does not involve any costs for him.
17. Complaints for non-compliance of goods with the Agreement should be submitted within the statutory deadlines, to the e-mail address: [email protected] or using the contact form in the "contact" tab. In order to facilitate the complaint procedure, photos of the goods not in compliance with the Agreement should be attached to the complaint submitted by e-mail, and in the case of shipment of the goods complained about, in accordance with paragraph 8 of this paragraph, it is good if the proof of purchase is attached and the complaint notification is printed and completed (containinge indication of the person submitting the complaint, request to settle the complaint and indication of non-compliance with the Agreement, reasons for the complaint). In order to file a complaint, the Customer may use the complaint template available here.
18. If the data or information provided in the complaint notification needs to be supplemented, before considering the complaint, the Seller asks the complainant to supplement them in the indicated scope.
19. The Seller shall respond to the complaint request within 14 (fourteen) days from the date of submission of the complaint request by the Customer. If the Seller does not respond to the complaint within the period referred to in the preceding sentence, it is considered that he has accepted the complaint.
20. The Seller shall notify the Customer about the consideration of the complaint and its result in a message sent to the e-mail or correspondence address provided by the Customer in the complaint.
§7 - Intellectual Property
1. The Helikon-tex brand designation is a registered trademark. It can be used only with the prior consent of the authorized entity.
2. Materials in the Store, including primarily photos, are subject to copyright protection. Their use is possible only with the prior consent of the rightholder.
§8 – Newsletter
1. The Customer may agree to share his e-mail address also for the purpose of using it by the Seller to send the Customer commercial information (hereinafter: "Newsletter") regarding the activities, including goods, of the Seller.
2. The contract for the provision of the Newsletter service is concluded when the Customer confirms the subscription to the Newsletter, via the link in the e-mail received by the Customer after providing his name and e-mail in the appropriate place in the Store, or by checking the checkbox regarding subscription to the newsletter as part of the Account.
3. The message sent by e-mail as part of the Newsletter service contains:
- data of the Seller as the sender of the Newsletter,
- indication of the topic defining the content of the Newsletter,
- commercial information,
- information on how to resign from receiving the Newsletter.
4.The Newsletter service will be provided for an indefinite period. The Customer may at any time resign from receiving the Newsletter by clicking on the specially marked link under the content of the Newsletter message or by unchecking the checkbox regarding consent to receive commercial information as part of the Account.
§9 – Chat i Messenger
1. In order to obtain support and assistance in placing or fulfilling orders, the Customer has the opportunity to use the so-called chat (hereinafter: Chat) function, i.e. conversations with people from the Customer Service Department answering customer questions, m.in. regarding orders.
2. The conclusion of the contract for the provision of electronic services as part of the use of the Chat takes place when the Customer uses the Chat. Termination of the contract for the provision of electronic services takes place each time automatically after the Customer uses Chat.
3. Through Chat the Customer is not able to place an order, create an Account or subscribe to the Newsletter.
4. As part of the use of the Chat service, it is forbidden to provide and transmit illegal content.
6. In addition, Customers can contact the Seller via messages sent on Facebook using the Seller's Facebook profile.
§10 – Final provisions
1. These Terms and Conditions are part of the content of the concluded Agreement, and its content is available free of charge on the Store's website and can be printed, saved on a carrier, or downloaded from the Store.
2. The Seller reserves the right to make changes to these Terms and Conditions in the event of, among others, changes in the law or to improve the operation of the website, as well as to improve the protection of Customers' privacy and prevent abuse.
3. Subject to paragraph 4, Customers will be informed about the amendment of the Terms and Conditions by publishing it on the Store's website.
4. Customers who have Accounts or subscribed to the Newsletter, will be informed by the Seller about the changes in the Terms and Conditions, by means of a message sent electronically containing a link to the text of the new terms and conditions. The new version of the terms and conditions binds these Customers if, within 7 days from the date of its receipt, they do not declare that they do not accept the changes introduced in the Terms and Conditions. Upon receipt of the statement of non-acceptance of the Terms and Conditions changes, the Seller shall delete the Account held by the Customer and inform him about this fact. Orders placed before the entry into force of amendments to the Terms and Conditions are carried out in accordance with the current content of the Terms and Conditions.
5. These Term and Conditions have been drawn up on the basis of the provisions of Polish law. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, including the Civil Code, the Act on Consumer Rights or other acts applicable to the activity and functioning of the online store in force in the Republic of Poland.
6. In the scope of Agreements concluded between the Seller with Customers who are not Consumers or Entrepreneurs with consumer rights, the Seller is liable only in the event of intentional damageand within the limits of losses actually incurred by the Customer who is not a Consumer or Entrepreneur with consumer rights.
7. Any disputes related to the services provided by the Online Store will be resolved by common courts and the applicable law is Polish law. The Customer who is a Consumer or Entrepreneur with consumer rights has the option of using an out-of-court complaint and redress method. The rules of access to these procedures are available at the offices and on the Internet pages of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
It is also possible to use the online platform of the dispute resolution system between consumers and traders at EU level (ODR platform), which is available at: http://ec.europa.eu/consumers/odr
8. The provisions of the Terms and Conditions do not exclude the possibility for Customers to refer to mandatory provisions of law regulating the protection of Consumer rights or Entrepreneurs on consumer rights, including those in force in the country in which the Customer has his place of residence and the provisions in force there are more favorable to the Customer than the provisions of Polish law.
9. The Terms and Conditions of the Store are effective from 07.06.2023., and this version of the Terms and Conditions was published on 07.06.2023.