Terms of service
Definitions
- Regulations - these regulations, regulating the rules of using the website
- Store - an online store run by the Seller at www.hvilina.com, through which Users can purchase goods available in the store, e-mail:info@hvilina.com, telephone +48666564444
- Seller - Hvilina watch manufactory sp. z o.o., 17/19 Domaniewska st., of. 133, Warsaw, 02-672, Poland, NIP 182159970, REGON 368950073, e-mail: info@hvilina.com
- User - any entity using the Services of the website maintained at www.hvilina.com
- Consumer - a natural person purchasing goods available in the store for purposes not directly related to his business or professional activity.
- Consumer-entrepreneur - a natural person conducting business activity, concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for him, resulting from the subject of his business disclosed in the Central Registration and Information on Business economic.
- Entrepreneur - a company, institution or natural person making a purchase for profit, professional purposes or directly related to the conducted business activity.
- User Account - a service provided free of charge electronically by the Seller, allowing the User to use additional functionalities of the Website.
- Service - website on which the Store is located at www.hvilina.com
- Goods - a product or service offered for sale in the store.
General provisions
These regulations indicate the terms and conditions of using the website services for Users, which include in particular:
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Sale of goods, i.e. products and services via the Internet - paid service.
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Setting up and maintaining a user account on the website - free service.
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Newsletter - free service.
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Contact form/chat - free service.
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User account - free service.
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The range of goods offered via the website includes:
sale of finished physical products with traditional shipment;
sale of virtual products: certificate to be exchanged for a physical product in whole or in part. - Information and a description of the products and services offered by the Store are placed next to each product on the website www.hvilina.com
- Each User may contact the Seller via the contact form/chat posted on the website or via e-mail by sending a message to the e-mail address of Store as well as by phone at the telephone number assigned to the Store.
- Access to the website's services may be limited or impossible in the event of carrying out maintenance work on IT systems or failures beyond the Seller's control. At the same time, we will make every effort to ensure that such difficulties occur as rarely and as briefly as possible.
- Any irregularities related to the functioning of the Website, Store, User Account should be reported to the Store's e-mail address or by phone at the telephone number assigned to the Store.
- Content, such as comments, ratings, reviews, statements, published by Users on the Website are their private opinions.
- It is forbidden for Users to provide unlawful content.
Receipt and execution of orders
- The User places an order for a product or service directly on the Store's website www.pl and via the Facebook social networking agent in the sale.
- During the ordering process, the User has the option of setting up a User Account which gives him access to additional functions.
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In the order form, the User completes the data necessary for shipment and performs:
product or service selection,
choose the method of delivery (does not apply to digital products),
choose the method of payment.
- After placing an order, a message with information about the placed order is sent to the e-mail address provided by the User.
- The Order is processed by the Store after receiving payment for the ordered goods. The exception is the situation when the goods are sent cash on delivery, in which case the order is processed immediately after its submission.
- No payment made by the User within 7 days, i.e. no payment for the goods, will result in the cancellation of the order
- The User's order will be processed provided that the goods are available in the warehouse or from the store's suppliers.
- partial lack of goods in the order - when the missing goods are part of a larger order, the User is informed about the shortages and decides to partially complete the order or cancel the entire order. The refund in the case of a prepayment is made in part or in full according to the User's decision. The refund in the case of prepayment is made within a maximum of 7 days from the cancellation of the order.
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Total lack of goods in the order - when the goods are unavailable in the warehouse or from the store's suppliers and it is not possible to complete the order, the User will be informed about this fact. In case of prepayment, the refund is made in full within a maximum of 7 days from the cancellation of the order.
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After verifying the order, a message will be sent to the e-mail address provided by the User with information regarding:
order confirmation, which is tantamount to concluding a sales contract,
lack of part or all of the order due to the lack of goods,
inability to complete the order due to lack of payment. - The sales contract is concluded when the User receives an e-mail containing confirmation of the order.
- A proof of purchase is issued for each order. After the User selects the appropriate option and provides the necessary data, a purchase invoice is issued for the order.
- Until the order is completed, i.e. until the goods are handed over for shipment, the User may make changes to the order, including withdrawing the order in its entirety. An exception is an individual order, i.e. an order for a product marking/engraving. In this case, changes cannot be made after confirmation of the order.
- To make changes to the order, please contact the store via the contact form/chat available on the website or by sending a message to the Store's e-mail address or make changes by phone to the number assigned to the Store.
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Modifications to the order in terms of: shipping address, overpayment refund orders can be submitted only in writing via the contact form/chat on the Store's website or via e-mail to the Store's address.
Terms of payment in the online store and delivery costs
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The prices of goods in the online store are given in Euros.
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The seller is a VAT payer and issues invoices containing VAT.
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Each product has its price and this price is binding at the time of placing the order by the User.
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The store has the right to:
changes in the price of goods in the Store;
introducing new goods and removing goods from the Store's offer;
carrying out and canceling promotional campaigns on the Store's website;
making changes to the Store's promotional offers. -
The rights described in the above point do not affect the prices of goods purchased and ordered before the entry into force of promotional offers or changed prices.
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The following payment methods are available for ordered goods (we reserve the right to temporarily unavailability of selected payment methods):
traditional bank transfer;
payment by credit/debit card;
BLIK payment;
installment payment;
payment on delivery;
cash payment (on personal collection);
electronic transfer. -
We reserve the right to block some payment methods for selected products.
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We reserve the right to exclude the form of "cash on delivery" for Users who have not collected two consecutive shipments payable on delivery. Unblocking this form of payment will take place after placing and collecting another order with the form of payment electronic transfer or traditional bank transfer.
- The User bears the costs of delivery of the ordered physical goods.
- After selecting the goods and the shipping agent, the basket will automatically charge the delivery costs.
- When purchasing virtual products, there are no delivery costs.
- With the option of personal collection of goods, delivery costs do not occur.
Completion dates
Physical products
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Each product in the description contains the expected time of preparing the order for shipment or delivery if the User selects the "personal collection" option, which indicates the period from accepting the order to sending the package from the store or to personal collection by the User. This time is indicated in business days.
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In the case of individual orders in the form of product marking or engraving, the preparation time for shipment will be extended by the period necessary to complete the individual order. In this case, the customer will be informed each time about the delivery time when placing the order.
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In the case of ordering several products, the shipment is sent or released when all goods are completed. The date of shipment or personal delivery of the goods to the User is determined on the basis of the goods with the longest delivery time.
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The user selects the shipping agent (courier, post office, parcel lockers) on his own. Each intermediary declares its own maximum delivery date indicated in the description.
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The User is responsible for delays or lack of delivery of the goods caused by an incorrect or inaccurate address provided by the User.
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The above dates do not apply to the sale of products in the pre-sale system or launched periodically. In that case, information aboutdelivery dates, the User will be informed in the description of the goods.
Virtual Products
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The Store has 48 hours to send a virtual product by e-mail from the payment or crediting the payment from the User to the Seller's account in the case of a traditional transfer. This is the maximum period for sending the product to the e-mail address provided during the order. As a rule, the product is delivered automatically after payment.
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The above dates do not apply to the sale of products in the pre-sale system or launched periodically. In this case, information on delivery dates will be provided to the User in the description of the goods.
Right of withdrawal
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The Consumer/Consumer-entrepreneur may withdraw from the Agreement within 14 days of receipt of the goods without giving any reason. The right to withdraw from the Agreement by the Consumer/Consumer-Entrepreneur is excluded e.g. in case of:
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer/Consumer-Entrepreneur, who was informed before the commencement of the service that after its fulfillment he would lose the right to withdraw from the contract;
in which the price or remuneration depends on fluctuations in the financial market, independent of the seller and which may occur before the deadline for withdrawing from the contract - e.g. sale of foreign currencies;
in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer/Consumer-Entrepreneur or serving to satisfy his individual needs;
in which the goods deteriorate quickly or have a short shelf life;
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene, if the packaging was opened after delivery;
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other item;
in which the subject of the service are alcoholic beverages, if their price was agreed during the conclusion of the sales contract, delivery may take place only after 30 days, and the value depends on market fluctuations beyond the Seller's control;
in which the Consumer/Consumer-Entrepreneur explicitly demanded that the Seller come to him for urgent repair or maintenance. - The Entrepreneur is not entitled to withdraw from the contract.
- The declaration of withdrawal from the contract should be sent via the withdrawal form on our website or in writing to the e-mail address of the Store, with the date of submitting the declaration of withdrawal from the contract being the day of sending the statement. The statement must be sent within 14 days from the date of receipt of the goods.
- Upon receipt of the declaration of withdrawal from the Agreement by the Consumer/Consumer-entrepreneur, the Seller shall send to his e-mail address a confirmation of receipt of the declaration of withdrawal from the Agreement.
- In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered void. What the parties provided is returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods.
- The consumer/consumer-entrepreneur is liable to the seller for reducing the value of the item due to its improper use, and therefore may be liable for the deterioration of the returned item and be charged for the deterioration of the returned item.
- The returned goods should be returned together with the proof of purchase received with it or other proof confirming the purchase of the returned goods in our store (e.g. confirmation of payment for the goods, e-mail confirming the purchase of the goods), with the annotation "Return".
- The returned goods should be sent immediately to the store, no later than within 14 days from the date of withdrawal from the contract.
- The physical goods are returned to the following address: Hvilina watch manufactory sp. z o.o., 17/19 Domaniewska st., of. 133, Warsaw, 02-672, Poland.
- If an unused virtual product is returned in the form of a certificate to be exchanged for a physical product, this product will be deactivated and cannot be used.
- The Store shall refund the payment for the goods immediately, not later than within 14 days from the date of receipt of the Consumer/Consumer-entrepreneur's statement on withdrawal from the contract, with the proviso that at that time the Consumer/Consumer-entrepreneur returned the goods to the Store or confirmed its return (whichever comes first). The payment is returned using the same payment methods that were used by the Consumer/Consumer-entrepreneur when making the purchase, unless the Consumer/Consumer-entrepreneur clearly indicated a different form of payment return.
- The deadline for returning the goods does not apply if the seller has undertaken to collect them from the consumer himself.
- The consumer/consumer-entrepreneur receives a refund of all costs incurred by him, including the cost of delivering the goods in the amount of the cheapest shipping method offered by the store, with the exception of additional costs, e.g. related to packaging, insurance.
Complaints
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The Seller is obliged to provide the User with goods without defects.
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The Seller is liable to the Consumer and the Consumer-Entrepreneur under the warranty for defects on the terms set out in the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
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An eclamation should be sent via the complaint form on our website or in writing to the e-mail address of the store or by traditional mail with the goods under complaint to the address of the store, along with information on the type and date of the defect.
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In order to consider the complaint, the Consumer or Consumer-Entrepreneurs should send or deliver the complained Goods, if possible, attaching to it a proof of purchase, proof of payment, e-mail correspondence or other document confirming the purchase of goods in our Store. Physical goods should be delivered or sent to the address of the Store indicated in art. I point 3. Electronic goods should be sent to the Store's e-mail address.
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Actions that the User may take in the event of a defect in the goods:
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Submit a statement about reducing the price of the goods or about withdrawing from the contract, unless the Store is able to replace the defective goods with defect-free goods without undue inconvenience to the User. If the defect of the product is insignificant, the User may not withdraw from the contract.
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The User may request replacement of the product with a defect-free one or removal of the defect in accordance with the specific rules of the Civil Code.
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Within 14 (fourteen) days from the date of receipt of a correct complaint, it will be considered by the Store, and the User submitting it will be informed about the position taken by the Store via e-mail sent to the e-mail address indicated by the User, used by the User for correspondence in connection with the services of the Store.
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The Seller and the User will make every effort to resolve any disputes amicably, in particular by conducting negotiations.
User account in the system
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Each User has the option of free, voluntary creation of a user account on the website, which gives the opportunity to use additional functionalities of the store, such as: checking the status of the order, viewing the order history, editing the User's data in the Account.
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The User Account is set up by completing the appropriate registration form on the Website.
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In order to use the User Account, it is necessary to have a device with a web browser that supports cookies, with access to the Internet and an active email account.
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At the time of registration (setting up a User Account), a contract for the provision of electronic services is concluded between the User and the Seller on the terms set out in these regulations. The contract is concluded for an indefinite period.
- The User may resign from the User Account at any time, without giving any reason and incurring any costs. For this purpose, the User should send his resignation to the Website via the contact form/chat or send it to the Store's e-mail address, which will result in the immediate deletion of the User Account and termination of the contract in this regard.
Technical conditions
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In order to use the services of the Website, it is necessary to meet certain technical requirements:
- an active e-mail account;
- a device connected to the Internet and an installed web browser;
- acceptance of cookies enabled in the web browser used by the device.
- The User should use an appropriate browser that works with his device.
Personal data and cookie policy
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The administrator of personal data provided by the User when using the services of the Website is the Service Provider.
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The User's personal data is processed on the basis of a contract and for its implementation, and on the basis of consent, on the terms set out in the General Data Protection Regulation (GDPR). Detailed information on data processing by the Service Provider is contained in the privacy policy posted on the Website.
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When using the Website, please agree to the use of cookies in accordance with the Privacy Policy. If you do not agree to our use of cookies, you can change your browser settings in an appropriate way or opt out of using the Website. Information on cookies used on the website can be found in the privacy policy on the website.
Final Provisions
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The sales contract and the contract for the provision of electronic services is concluded between the User and the Seller.
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The products and services posted on the Store's website do not constitute an offer within the meaning of the Civil Code.
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In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
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Settlement of any disputes arising between the Seller and the Consumer and the Consumer-entrepreneur is subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
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Settlement of any disputes arising between the Seller and the Entrepreneur is submitted to the court competent for the seat of the Seller.
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When considering disputes, the User has the option of using the ODR Platform - an interactive website constituting a single access point for Consumers and Sellers wishing to resolve the dispute out of court (ODR - Online Dispute Resolution). Through it, you can submit a complaint about goods or services purchased online, both at home and abroad. This is done by filling in an electronic form and finding the right entity to resolve the dispute.
All institutions listed on the platform have been verified, which guarantees that they comply with the relevant regulations and are registered by national authorities (in Poland, this is UOKiK). The site is available in all languages of the Union and allows for the attachment of relevant documents and their translation. The link to the ODR platform is available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
- Each Customer will be informed about any changes to these Regulations through information on the home page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address indicated by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer with a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.
- The change of the regulations remains irrelevant to the sales contracts concluded before the change of the regulations.
Date of publication of the regulations: 2023-08-17.
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Tax Identification Number ………………………………………..
(if you made a purchase with an invoice)
data of the person submitting the declaration
Store Data
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DECLARATION OF WITHDRAWAL FROM THE AGREEMENT
I hereby declare that I withdraw from the sales contract ………………………………………………………… [the subject of sale] concluded remotely on … [when purchasing a service - date of confirmation of the order; when purchasing a product - date of receipt of the product].
I point out that as a result of withdrawal from the contract, the contract is considered null and void, and the parties are obliged to return the benefits to each other, unchanged. In view of the above, I request an immediate refund of the price paid by me in the amount of Euros ………….. In addition, I declare that the subject of sale will be returned by ................... in an unchanged state.
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signature of the declarant
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Tax Identification Number ………………………………………..
(if you made a purchase on invoice)
data of the person submitting the declaration
Store Data
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GOODS COMPLAINT
I hereby inform you that the goods purchased by me on …… are defective. The defect consists in ………………… The defect was found on ……………………….. In view of the above, on the basis of a civil law claim:
- exchange of goods for a new one*
- free repair of goods*
- lowering the price of the goods by the amount of ……….. (in words: ………) Euros, Please return the specified amount to the account …………../by postal order to my address*
- I withdraw from the contract and ask for a refund of the price of the goods to the account ………….*
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signature of the complainant
*delete as appropriate