Store Terms and Conditions

1. General Provisions

These Terms and Conditions define the general terms and conditions, the method of providing services electronically, and sales conducted through the Online Store www.hauke.com.pl. The Store is operated by Maciej Raczyński, conducting business under the name Hauke ​​Maciej Raczyński, entered into the Register of Entrepreneurs of the Central Registration and Information on Business, maintained by the Minister of Entrepreneurship and Technology, at ul. Estrady 65a, 01-932 Warsaw, NIP: 5252398855, REGON: 362578603, hereinafter referred to as the Seller.
Contact with the Seller via:
e-mail address: kontakt@hauke.com.pl;
by phone: +48 796 212 216.
These Terms and Conditions are continuously available on the website www.hauke.com.pl, enabling their access, reproduction, and recording by printing or saving them to a data carrier at any time.
The Seller hereby informs that the use of services provided electronically may pose a risk to every Internet user, including the possibility of malicious software being introduced into the Customer’s IT system and unauthorized persons obtaining and modifying their data. To avoid the risk of these threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and a firewall.

2. Definitions

 

The terms used in these Terms and Conditions shall have the following meanings:

Business days – days from Monday to Friday, excluding public holidays; Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Consumer – a Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
Entrepreneur – a Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
Terms and Conditions – this document;
Goods – a product presented in the Online Store, the description of which is available for each presented product;
Sales Agreement – ​​a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer; Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);

Electronic Services Act – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

Order – a declaration of intent by the Customer, directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

3. Rules for Using the Online Store

Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a computer or mobile device with internet access,
email access,
Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
cookies and Javascript enabled in the web browser.
Using the Online Store means any action by the Customer that leads to them reading the content of the Store. In particular, the Customer is obligated to:
not provide or transmit content prohibited by law, such as content that promotes violence, is defamatory, or violates personal rights and other rights of third parties,
use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices,
not engage in activities such as sending or posting unsolicited commercial information (spam) within the Online Store,
use the Online Store in a manner that does not cause a nuisance to other Customers and the Seller,
use all content posted within the Online Store only for personal use,
use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, and the general principles of using the Internet.

4. Services

The Seller allows the use of free Services through the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The Customer has the option The right to receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter service). To do this, provide a valid email address or activate the appropriate field in the registration form or Order form. The Customer may withdraw consent to the sending of commercial information at any time. The Newsletter service agreement is concluded for an indefinite period and terminates upon the Customer’s request to remove their email address from the Newsletter subscription or upon unsubscribing using the link contained in the message sent as part of the Newsletter service.
The Seller has the right to organize occasional competitions and promotions, the terms of which will be provided on the Store’s website. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a given promotion provide otherwise.
If the Customer violates the provisions of these Terms and Conditions, the Seller may terminate the Service agreement with a 14-day notice period after an unsuccessful request to cease or remedy the violations, setting an appropriate deadline.

5. Procedure for Concluding a Sales Agreement

Information about the Goods provided on the Store’s website, in particular their descriptions, technical and operational parameters, and prices, constitute an invitation to enter into a Sales Agreement within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, free from physical and legal defects, and have been legally introduced to the Polish market.
The condition for placing an Order is an active email account.
If an Order is placed using the Order form available on the Online Store’s website, the Order is submitted to the Seller electronically and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted electronically is binding on the Customer if the Seller sends a confirmation of acceptance of the Order to the email address provided by the Customer. This confirmation constitutes the Seller’s acceptance of the Customer’s offer, and upon its receipt by the Customer, a Sales Agreement is concluded.
Placing an Order in the Online Store by telephone or by email takes place on the Business Days and at the times indicated on the Online Store’s website. For this purpose, the Customer should:
provide the name of the Goods listed on the Store’s website and their quantity in the email sent to the Seller,
indicate the delivery method and payment method from the delivery and payment methods listed on the Store’s website,
provide the information required to process the Order, in particular: first and last name, place of residence, and email address.
Information on the total value of the Order referred to in the point above is provided by the Seller each time orally after the Order is completed or by informing the Customer via email, along with information that the Customer’s conclusion of the Sales Agreement entails the obligation to pay for the ordered Goods, at which point the Sales Agreement is concluded.

In the case of a Customer who is a Consumer, the Seller will send the Customer a confirmation of the terms of the Order each time the Order is placed by phone or email. The Agreement is concluded when the Customer, who is a Consumer, sends an email (in response to the confirmation of the Order terms sent by the Seller) to the Seller’s email address, in which the Customer: accepts the content of the submitted Order and consents to its fulfillment, accepts the Terms and Conditions, and confirms that he or she has read the instructions on withdrawal from the Agreement.

After concluding the Sales Agreement, the Seller confirms the terms and conditions to the Customer by sending them to the Customer’s email address or in writing to the address provided by the Customer.

The Sales Agreement is concluded in Polish, with the content consistent with the Terms and Conditions.

6. Delivery

Delivery of Goods is limited to the territory of the European Union and is carried out to the address provided by the Customer when placing the Order.

The Customer may choose the following delivery methods for the ordered Goods:

via courier;

via postal operator;

delivered to a parcel locker;

personal collection at the Seller’s collection point. On the Store’s website, in the Product description, the Seller informs the Customer about the number of Business Days required to process the Order and its delivery, as well as the delivery fees. The delivery and order processing time is calculated in Business Days in accordance with Section VII, Item 2.
The Seller, at the Customer’s request, provides a receipt along with the Product covering the delivered goods.
If different delivery periods are provided for the Goods covered by the Order, the longest of the provided periods applies to the entire Order.

7. Prices and Payment Methods

The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties, and other fees. The Customer may choose the following payment methods:
bank transfer to the Seller’s bank account (in this case, processing of the Order will begin immediately after the funds are credited to the Seller’s bank account);
electronic payment (in this case, processing of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent’s system about the Customer’s payment, and shipment will be made immediately after the Order is completed).
The Seller informs the Customer on the Store’s website about the deadline by which they are obliged to pay for the Order. If the Customer fails to pay within the deadline referred to in the previous sentence, the Seller, after a prior unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

8. Right to Withdrawal from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
The Customer may The Consumer may formulate the declaration themselves or use the withdrawal form attached as Appendix 1 to the Terms and Conditions.
The 14-day period is counted from the date of delivery of the Goods or, in the case of a Service Agreement, from the date of its conclusion.
Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send a confirmation of receipt of the withdrawal from the Agreement to the Consumer’s email address.
The Consumer’s right to withdraw from the Agreement is excluded in the following cases:

the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement;

an Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
an Agreement in which the subject of the provision is a non-prefabricated Good, manufactured according to the Consumer’s specifications or intended to meet their individual needs;
an Agreement in which the subject of the provision is a Good subject to change. perishable or have a short shelf life;
Agreement where the subject of the provision is Goods delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons if the packaging is opened after delivery;
Agreement where the subject of the provision is Products that, due to their nature, are inseparably connected to other items after delivery;
Agreement where the subject of the provision is Products that have been personalized, i.e., size adjustments, reflective elements, and fittings in a color other than black;
Agreement where the subject of the provision is discounted Products;
Agreement where the subject of the provision is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
Agreement where the Consumer expressly requested that the Seller visit them for urgent repairs or maintenance; if the Seller also provides other services If the Consumer requests the provision of services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or Goods;

Agreements in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package is opened after delivery; delivery of newspapers, periodicals, or magazines, with the exception of Subscription Agreements;

Agreements concluded by public auction;

Agreements for the provision of accommodation services other than for residential purposes, transportation of goods, car rentals, catering, services related to leisure, entertainment, sporting, or cultural events, if the agreement specifies the day or period of service provision;

Agreements for the provision of digital content that is not recorded on a tangible medium, if the provision of the service began with the Consumer’s express consent before the expiry of the withdrawal period and after the Seller has informed the Consumer of the loss of the right of withdrawal.

Contracts.
In the event of withdrawal from a distance Contract, the Contract is deemed not to have been concluded. Whatever the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should be made immediately, no later than 14 days. The purchased Goods should be returned to the Seller’s address.
The Seller will immediately, but no later than 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Contract, refund all payments made by the Consumer, including the costs of delivery. The Seller will refund the payments using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of return, provided that this method will not incur any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the goods are received back or the Customer provides proof of sending them back, whichever occurs first, unless the Seller has offered to collect the goods from the Customer. If the Consumer has chosen a method of delivery other than the least expensive standard delivery method offered by the Seller, the Seller is not obligated to reimburse the Consumer for any additional costs incurred.
The Customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

9. Complaints regarding Goods under warranty

The Seller undertakes to deliver the Goods free of defects.
The Seller is liable to the Customer, including the Customer who is a Consumer, under the warranty for defects under the terms specified in Articles 556–576 of the Civil Code. Complaints arising from a violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be directed to Hauke ​​Maciej Raczyński Estrada 65a, 01-932 Warsaw, by email: kontakt@hauke.com.pl, or by phone: +48 796 212 216.
To have the complaint resolved, the Customer should send or deliver the Goods in question, attaching proof of purchase, if possible. The Goods should be delivered or sent to the address indicated in point 3.
The Seller undertakes to review each complaint within 14 days.
If any information is missing in the complaint, the Seller will request the Customer to supplement it as necessary immediately, but no later than 7 days from the date the Customer receives the request.

10. Complaints Regarding the Provision of Services Electronically

The Customer may submit complaints to the Seller regarding the operation of the Store and the use of the Services. Complaints can be submitted in writing to: Hauke ​​Maciej Raczyński Estrady 65a, 01-932 Warsaw, email address: kontakt@hauke.com.pl, telephone number: +48 796 212 216.
In the complaint, the Customer should provide their name, mailing address, type, and description of the problem.
The Seller undertakes to review each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be reviewed. If the complaint contains any deficiencies, the Seller will request the Customer to supplement it as necessary within 7 days from the date of receipt of the request by the Customer.

11. Exchanges

 

EXCHANGE BY THE CONSUMER WITHIN 14 DAYS FROM THE DATE OF DELIVERY

The Seller provides the Consumer with the option to exchange the Goods within 14 days from the date of delivery. Exchange requests can be submitted to Hauke ​​Maciej Raczyński Estrady 65a, 01-932 Warsaw, by email: kontakt@hauke.com.pl, or by phone: +48 796 212 216.
The Customer can exchange the Goods for:
the same model, a different color or size,
a different model, with a lower, higher, or equal price.
Exchanges are only possible for Goods currently listed on the Seller’s website.
To exchange Goods, the Customer must complete and sign the exchange form available on the Store’s website, secure the shipment, and attach proof of purchase and a bank transfer confirmation for the amount necessary to cover the shipping costs of the new Goods. The exchanged Goods should be sent to the Seller by registered mail, the cost of which is borne by the Customer, to Hauke ​​Maciej Raczyński Estrady 65a, 01-932 Warsaw, by email: kontakt@hauke.com.pl, or by phone: +48 796 212 216.
The Seller will contact the Customer if the Goods to be exchanged are no longer available. The Customer may choose a different Good or withdraw from the exchange. In the event of withdrawal, the Goods will be returned to the Customer at their expense.
In the event of an exchange for a Good of a lower price, a refund will be made within 14 days using the same payment method used by the Customer to purchase the Goods.
In the event of an exchange for a Good of a higher price, the Seller will exchange the Goods after receiving payment of the difference.

y prices. To expedite the exchange process, the Customer may include proof of payment with the shipment.

Only clean Goods with no signs of use are eligible for exchange. The Seller will refuse to exchange the Goods if:

the Goods are damaged,

they have been missing tags or other additional markings,

they were not returned in their original, intact packaging,

they were personalized – manufactured according to the consumer’s specifications.

12. Warranties

The Goods are covered by the Seller’s warranty.

For Goods covered by warranty, information regarding the existence and content of the warranty, as well as the duration of the warranty, is always presented in the Goods description on the Store’s website.

13. Extrajudicial Complaint Resolution and Claims

A Customer who is a Consumer has, among other options, The following options are available for using out-of-court complaint and redress mechanisms:

The consumer has the right to contact the permanent consumer arbitration court operating at the Trade Inspection Authority with a request to resolve a dispute arising from the concluded Sales Agreement;
The consumer has the right to contact the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller;
The consumer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at porad@dlakonsumentow.pl; Submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

 

14. Personal Data Protection

 

The Seller collects and processes the personal data provided by Customers in accordance with applicable law and the Privacy Policy, which constitutes Annex 2 to the Terms and Conditions.

 

15. Final Provisions

All rights to the Online Store, including copyrights, intellectual property rights to its name, domain, and website, as well as forms and logos, belong to the Seller, and may only be used in the manner specified in and in accordance with the Terms and Conditions.

Resolution of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.
Resolution of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and other relevant provisions of Polish law shall apply. Each Customer will be notified of any changes to these Terms and Conditions via information on the Online Store’s home page, which includes a summary of the changes and their effective date. Customers with an Account will also be notified of the changes, along with a summary of the changes, via the email address they provided. The effective date of the changes will be no less than 14 days from the date they are announced. If a Customer with a Customer Account does not accept the new Terms and Conditions, they are obligated to notify the Seller of this fact within 14 days of being informed of the changes. Notifying the Seller of non-acceptance of the new Terms and Conditions will result in termination of the Agreement.