Seller – HANNAH Hanna Bieńkowska based in ul. Kineskopowa 1, building 1D 05-500 Piaseczno, Tax Number: 5210323321, National Business Registry Number: 011108051, email: email@example.com, Tel: (+ 48) 22 716 83 33, Fax: (+48) 22 716 83 67,
Operator – HANNAH Hanna Bieńkowska ul. Kineskopowa, building 1D,
Consumer – Buyer who is the natural person in case the order is made but not directly related to its business or professional activity (art. 221 of Civil Code),
Product – all the described products and price tabbed on Internet Website,
Shop – on-line shop run by the Seller on Internet Website which offer Products to sell,
Order – filling up the form (which you can find on our Website) by the Buyer. This is the contract of the sale,
Taking the Order for Delivery – Seller acknowledgment sent to the Buyer as a proof of the order taken
Product Availability – the product which is available in the Shop or third parties, which cooperate with the Seller, at the moment of placing the information of the Product on Internet Website.
§ 3.The order is made when:
§ 4.The contract of the sale is recognised at the moment after Buyer received an email with information the order was confirmed to take the order for delivery by Hannah company.
§ 5.The information placed on Internet Website about the product and its price do not state the offer according to art. 543 Civil Code, and should be only treated as invitation to enter into a contract of the sale according to art. 71 Civil Code.
§ 6.Prices displayed in the Shop include all of the tarrifs and taxes. Prices do not include costs of transport.
§ 7.Buyer can choose payment method from among of payment methods displayed in the order form. The date of payment for the ordered products by the Buyer depends on payment methods chosen by the Buyer: advanced payment method or PayU is 7 days from the date the order was taken for delivery. In case of lapsing of the above time the Consumer will be informed by email about 3 days extension of making the payment. Non-payment after the above time (10 days) the contract of the sale is cancelled.
§ 8.The payment time is the time when the money transfer is recorded on Seller's bank account.
§ 9.In case the Consumer placing the order for delivery the waiting time cannot be longer than 30 days from the date the Seller received the order.
§ 10.The information about the available delivery methods in the Shop and delivery costs are displayed in Delivery Costs bookmark on Internet Website.
§ 11.The delivery waiting time for the Buyer to receive the specific product from the Seller include delivery time (Product preparation to dispatch) and the time which is needed to deliver the Product by the haulier. The Seller delivery time starts from the moment the Seller delivery confirmation order was taken and finishes at the time of passing Product parcel by the Seller to the haulier, which takes up to 20 business days (business days Monday to Friday). To the above time the haulier (delivery service) delivery time should be added, which is displayed in Delivery Costs bookmark.
§ 13.In case the Consumer placing the order, the Product is recieved all together with the receipe including the date, type, price and the service object.
§ 14.The Product delivery costs and other orders placed on the delivery form are paid by the Buyer according to obligatory provison of the law.
§ 15.Products offered in the Shop are under warranty of the producer or the distributor. The detailed conditions of warranty and its period of time are published in the producer or the distributor warranty.
§ 16.The Seller is obliged to produce and deliver Products without defects. The Buyer has right to make a claim according to Product defect by sending an email to sklep@hannahonline, or by post at: HANNAH Hanna Bieńkowska ul. Kineskopowa 1 D. The proof of Product purchased (receipe or invoice) is necessary to process the claim. To speed up the process of the claim inputting the reason of the claim and details of the Buyer is advised.
§ 17.The Seller in regards to the Buyer is responsible for any physical or legal (guarantee) defect of the Product sold. If any of the Product which was sold to the Buyer is with defect, the Buyer has right to:
demand to cut the price of the Product or cancell the contract of the sale, unless the Seller will exchange defected product or repair it immidiately and without any inconvenience for the Buyer. If the price is cut it should stay proportional to the price, according to the contract, in which the value of the defected Product is equivalent to the Product without any defect. The Buyer cannot cancel the contract of the sale if the defect of the product is non-essential.
demand to exchange defected Product for the Product without any defect or repair the Product. The Seller is obliged to exchange defected Product for product free of defects or remove the defect immidiately and without any inconvenience for the Buyer, according to the Civil Code law.
§ 18.If the Buyer is at the same time the Consumer, he has the right to demand to exchange the Product for the Product free of defects, instead of proposed offer by the Seller to remove those defects. He has also the right to remove the defect instead of exchanging the product, unless the costs of removing defects or exchanging the product (according to signed contract) is impossible or require excessive costs in comparison to method proposed by the Seller. By evaluating costs we take into the consideration the value of the product which is free of defect, type and relevance of defect and also other issues which could be inconvenient for the Consumer.
§ 19.The Buyer making the claim is obliged to return the defected product, according to Civil Code law, at the following address: HANNAH Hanna Bieńkowska, ul.Kineskopowa 1 D, 05-500, Poland.
§ 20. If the Buyer is at the same time the Consumer and demands to exchange or remove defect of the product or made a statement to cut the price and described the amount of the price supposed to be cut, and if the Seller do not answer on the claim in 14 days, the Seller admits the Buyer claim is justified.
§ 21.The Seller is responsible for warranty if physical defect is declared in 2 years from the product was delivered to the Buyer. The claim to exchange or remove the defect of the product expire after a year from the time the defect was revealed. In case of products bought by the Consumer the period of expire cannot end before the period of time mentioned in the first sentense of this article.
§ 22.In case of non-considered claim under the warranty the Product will be sent once more to the Buyer address.
§ 23.The Consumer has right to use out of court methods of claim process and claim inquiries. The Consumer has also right to take the advantage of opportunity in arbitrational on-line shopping solving dispute by sending his claim to EU internet platform ODR available at http://ec.europa.eu/consumers/odr/
§ 24. If the Buyer is at the same time the Consumer, he has the right to cancel the contract in 14 days without giving any reason and is obliged to bear only costs for delivery of the Product and other, which are not foreseen by the law. To keep to the above term the Buyer should send the notice before the term ends.
§ 25.The 14 days notice of cancelling the contract of sale starts from the time the Buyer (or third party, haulier is excluded) collected the Product. If the contract of the sale includes more than one delivery, we count the time of the last delivery of our Product was collected.
§ 26.The Consumer has the right to cancel the contract of the sale by sending the contract cancelling notice. The above notice can be sent using the example form placed at the bottom of this page. The Consumer has the right to send any other form of the notice including all the data is needed for making a claim.
§ 27.The easiest way to make a claim is to send the notice by email to firstname.lastname@example.org or by post at following address: HANNAH Hanna Bieńkowska , ul. Kineskopowa 1 D, 05-500 Piaseczno, Polska. The consumer is obliged to return the Product in the same state and quantity as it was delivered.
§ 28.The consumer is obliged to return the Product, in case of the claim, to the Seller or to authorised person by the Seller not later than 14 days from the date of cancelling the contract of the sale. The product returns should be sent at following address: HANNAH Hanna Bieńkowska , ul.Kineskopowa 1 D,05-500 Piaseczno, Polska. Please, add your receipt or invoice with the return Product.
§ 29.The consumer bears only direct costs for the return.
§ 30.In case of cancelling the contract of the sale which was remote agreement, the agreement is treated as non-contained. The Seller is obliged to return all the payment (apart from product delivery costs) to the Consumer immidiately, and not later than 14 days from the day of cancelling the contract of the sale notice received from The Consumer. The Seller will make the payment return in the same method as the payment was made by the Consumer unless the Consumer agreed to other method of payment return and it is not an extra cost for the Seller.
§ 31.The Consumer has no right to cancel the contract of the sale in case the Product does not meet the following requirements:
there is a lapse in unit of measurement,
there is a quality lapse in result of the Product use in transcending way of detecting character, features and its functionality.
§ 33.The Seller reserves the right to not take the order if:
The Seller does not have the pre-ordered Product,
The Seller has electronic system breakdown and is not able to send the order confirmation.
§ 34.In case the Seller does not take the order, the contract of the sale will not be concluded. The Buyer will be informed about the case.
§ 35.The Buyer is acknowledged about the following clauses:
the administrator of the processed personal data in case of order completion is: HANNAH Hanna Bieńkowska ,ul.Kineskopowa 1 D, 05-500 Piaseczno, Polska.
the right to file an objection about processed personal data. If the objection is justified, the data will be deleted.
the right to correct personal data in case the processed data is incorrect or uncomplete.
the right to delete personal data (permanent delete)
The request to delete the personal data is possible when:
- the contract of the sale is cancelled
- the personal data is not necessary with objects in which it was collected
- there is an objection to personal data process
- the personal data is processed against the law
the right to limit the processing of personal data
You have the right to request to not process your specific personal data (storage is excluded) but not to have them deleted.
the right to access to your personal data
The law allows to access to your personal data and check how the Administrator proccesses personal data, what data is processed, in which purpose and what time. The consumer has right to achieve the copy of personal data processed.
the right to transfer personal data
You have the right to request to prepare the personal data by the Administrator in structured form, in common used format or ask to tranfer it to another personal data Administrator.
the right to make a complaint
You have the right to make a complaint to the supervisory body which deal with personal data protection, if you recognise that your processed personal data is against 2016/679 Decree
- From 1st of January 2019 sellers will not be allowed to issue an invoice based on the receipt without valid NIP number.
In order to issue retrospectively an invoice for goods/services sold the recipt issued at the time of sale has to contain NIP number. The seller will be obliged to communicate this law change to the customer at the point of the transaction taking place to ensure the customer is aware of the new rules. Customer will be obliged to provide the NIP number to be included on the receipt in order to be able to request the invoice later on.
THe seller issuing the invoice based on the receipt without valid NIP number would be subject to financial penalties, equal to the value of the VAT amount on the invoice/receipt.
§ 36. Technical requirements used by the Seller are essential and works with cooperation with its IT system, the Seller uses website browser in Internet Website which allows to correct browsing and making the orders.
§ 37.The Buyer is obliged not to provide any of the data which is against the law.
§ 38.Order form and taking the order for delivery are kept in the electronic form and can be shared with the Buyer.
Attachment No 1
Template – cancel the contract of the sale
(fill up the form and send to us if you wish to cancel the contract of the sale)
HANNAH Hanna Bieńkowska.
Ul.Kineskopowa 1 D
I would like to cancel the contract of the sale of the following products __________________________
The Consumer Sign (only on paper copy)