TERMS AND CONDITIONS OF THE ONLINE STORE

www.extensioncords.eu

1. GENERAL PROVISIONS

1.1 The online store available at www.hilark.eu is operated by HILARK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Masłomiąca (registered office and correspondence address: ul. Modrzewiowa 10, 32-091 Masłomiąca); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000503869; the registry court where the company’s documentation is stored: District Court for Kraków – Śródmieście in Kraków, 12th Commercial Division of the National Court Register; share capital in the amount of: PLN 65,000.00; NIP (Tax Identification Number): 5130237246; REGON 123072955; e-mail address: sales@hilark.eu.

1.2 These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (with the exception of point 9 of the Terms and Conditions, which is addressed exclusively to entrepreneurs). The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law – any doubts shall be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail.

1.3 The controller of personal data processed in connection with the use of the Online Store and the implementation of these Terms and Conditions is the Service Provider. Information on the purposes, legal bases and periods of processing of personal data, its recipients and the rights of data subjects (including the right of access, rectification, erasure, restriction of processing, data portability, objection and lodging a complaint with a supervisory authority) is provided in the Privacy Policy referred to in point 1.4.

1.4 The Privacy Policy, including information on cookies, is available at: extensioncords.eu/privacy_policy/.

1.5. Definitions:

1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
4. CUSTOMER – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which has concluded or intends to conclude a Sales Agreement with the Seller.
5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended). ACCOUNT – Electronic Service, a collection of resources in the Service Provider’s IT system, identified by a unique name (login) and password provided by the Customer, in which the Customer’s data is collected, including information about placed Orders.
6. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
7. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
8. ONLINE STORE – the Service Provider’s Online Store, available at the following address: www.hilark.eu.
9. SELLER; SERVICE PROVIDER – HILARK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Masłomiąca (registered office and correspondence address: ul. Modrzewiowa 10, 32-091 Masłomiąca); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000503869; Registry court where the company’s documentation is kept: District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; Tax Identification Number (NIP): 5130237246; National Business Registry Number (REGON): 123072955; email address: sales@hilark.eu.
10. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.
11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
12. SERVICE USER – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity, using or intending to use the Electronic Service. ORDER – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

2.ELECTRONIC SERVICES IN THE ONLINE STORE

2.1 The following Electronic Services are available in the Online Store: Account and Order Form.

A. Account
B. Order Form – Use of the Order Form begins when you add the first Product to the electronic shopping cart in the Online Store. An Order is placed after completing two consecutive steps – (1) completing the Order Form and (2) clicking the “Place an order” field – until then, you can modify the entered data yourself (to do this, follow the displayed messages and the information available on the Online Store website). The Order Form requires the following information: first and last name/company name, address (street, house/apartment number, postal code, city), email address, contact telephone number, Product(s), quantity of Product(s), place and method of delivery, and payment method. For Service Recipients who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).

2.2. The use of Electronic Services by the Service User is free of charge.The use of Electronic Services by the Service User is free of charge.

A. The Online Store Account is provided for an indefinite period.
Use of the Order Form is a one-time use and ends upon placing the Order.

2.3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:

1. A computer, laptop, or other multimedia device with internet access.
2. Email access.
3. Web browser: Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher.
4. Recommended screen resolution: 1024×768.
5. Cookies and Javascript must be enabled in your web browser.

2.4. The Service User is obligated to use the Online Store in accordance with the law and good practice, with due regard for personal rights, copyrights, and intellectual property rights of third parties.

2.5. The Service User is obligated to provide accurate data.

2.6. The Service User is prohibited from providing illegal content.

TERMS OF CONCLUSION OF A SALES AGREEMENT

3.1. Announcements, advertisements, price lists, and other information about Products provided on the Online Store website, in particular their descriptions, technical and operational parameters, and prices, constitute an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.

3.2. The Product price displayed on the Online Store website is given in Polish zloty and includes all components, including VAT and customs duties. However, prices do not include any delivery and payment costs, which are indicated during the Order placement process.

3.3. The Product price displayed on the Online Store website is binding at the time the Customer places an Order. This price will not change regardless of any price changes in the Online Store that may occur for individual Products after the Customer places an Order.

3.4. Concluding a Sales Agreement using the Order Form

1. To conclude a Sales Agreement, the Customer must first place an Order.
2. After placing the Order, the Seller immediately confirms its receipt, which binds the Customer to their Order and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate message to the Customer’s email address provided when placing the Order. This message should include, at a minimum, confirmation of all essential elements of the Order, the Seller’s statement of receipt of the Order, and its acceptance for processing. Upon receipt of the above email, a Sales Agreement is concluded between the Customer and the Seller.

3.5. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website, (2) sending the Customer the email referred to in point 3.4.2., and (3) attaching proof of purchase and specifications of the concluded Sales Agreement to the shipment. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

4. PAYMENT METHODS

4.1. The Seller provides the following payment methods:

1. Płatność za pobraniem przy odbiorze przesyłki.
2. Płatność gotówką przy odbiorze osobistym.
3. Płatność przelewem tradycyjnym na rachunek bankowy Sprzedawcy.
4. Bank: mBank S.A.
5. Numer rachunku: 20 1140 2004 0000 3802 7508 9089.
6. Płatność poprzez system Credit Agricole Raty.
7. Płatności elektroniczne i płatności kartą płatniczą za pośrednictwem serwisu PayNow. Dostępne formy płatności: Karty płatnicze: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro

4.2. The online payment service provider is mElements S.A.

5. DELIVERY COST, TIME, AND METHODS

5.1. The Seller provides the following methods of delivery or pickup of the Product:

1. Postal delivery, cash on delivery
2. Courier delivery, cash on delivery
3. Pallet delivery
4. Personal collection at

5.2. Product delivery is available within the territory of the Republic of Poland.

5.3. Product delivery costs are borne by the Customer. They are indicated when placing the Order and depend on the delivery and payment method selected by the Customer. Delivery costs are also indicated on the Online Store website in the “Delivery and Payment” tab.

5.4. The time limit for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. This time limit should be calculated as follows:

1. If the Customer chooses to pay by bank transfer, electronic payment, or payment card, the payment will be made from the date the Seller’s bank account or settlement account is credited.
2. If the Customer chooses cash on delivery, the payment will be made from the date the Sales Agreement is concluded.

TERMS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

6.1. The Service Provider and the Service User may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.

6.2. Termination of the contract for the provision of Electronic Services:

1. A contract for the provision of Electronic Services that is permanent and has a continuous duration (e.g., an Account) may be terminated.
2. The Service Recipient may terminate the contract for the provision of Electronic Services without specifying the reason by sending an appropriate statement, in particular via email to: sales@hilark.eu or in writing to: ul. Modrzewiowa 10, 32-091 Masłomiąca. In such a case, the contract expires after 7 days from the date of submission of the declaration of intent to terminate it (notice period), unless the parties agree on a shorter notice period.
3. For Service Recipients who are also consumers, the Service Provider may terminate the contract for the provision of Electronic Services if the Service Recipient objectively, grossly, or persistently violates the Terms and Conditions, in particular if they provide illegal content, after at least one unsuccessful request to cease or remedy the violations, with an appropriate deadline set. The violation of the Terms and Conditions must be objective and unlawful.
   
   In such a case, the Electronic Services Agreement expires after 14 days from the date the Service Provider submits a notice of termination to the Service User (notice period). For Service Users who are not consumers, the Service Provider may terminate the Electronic Services Agreement with immediate effect and without specifying the reasons by sending the Service User an appropriate notice.

COMPLAINTS PROCEDURE

7.1. Complaints regarding Product non-conformity with the Sales Agreement:

1. The basis and scope of the Seller’s liability towards a Customer who is a natural person and who purchases the Product for purposes unrelated to professional or business activity, for the Product’s non-conformity with the Sales Agreement, are specified in particular in the Act on Special Terms and Conditions of Consumer Sales and Amending the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended).
2. Notification of the Product’s non-conformity with the Sales Agreement and the submission of the appropriate request may be made, in particular, via email to: sales@hilark.eu or in writing to: ul. Modrzewiowa 10, 32-091 Masłomiąca. Where possible and necessary to assess the Product’s non-conformity with the contract, the Product should also be delivered to the above address. The Seller will respond to the Customer’s request promptly, no later than within 14 days. A response to the complaint will be sent to the address provided by the Customer, unless the Customer specifies otherwise.
3. In the case of Products covered by a warranty, the Seller hereby informs that the warranty for the sold consumer goods does not exclude, limit, or suspend the buyer’s rights arising from the nonconformity of the goods with the contract.

7.2. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store:

1. Complaints related to the provision of Electronic Services through the Online Store and other complaints related to the operation of the Online Store may be submitted by the Service User, in particular, via email to: sales@hilark.eu or in writing to: ul. Modrzewiowa 10, 32-091 Masłomiąca.
   It is recommended to provide as much information and circumstances as possible regarding the subject of the complaint in the complaint description, particularly the type and date of the irregularity and contact information – this will facilitate and expedite the Service Provider’s review of the complaint.
2. The Service Provider will review the complaint promptly, no later than 14 days.
3. The Service Provider’s response to the complaint will be sent to the address provided by the Service User, unless the Service User specifies otherwise.

RIGHT OF WITHDRAWAL

8.1. A Service Recipient/Customer who is also a consumer who has entered into a distance contract may withdraw from it without giving reasons by submitting a relevant written declaration within fourteen days. To meet this deadline, it is sufficient to send the declaration before its expiry. The declaration may be sent, in particular, via email to: sales@hilark.eu or in writing to: ul. Modrzewiowa 10, 32-091 Masłomiąca.

8.2. In the event of withdrawal from the contract, the contract is deemed null and void, and the consumer is released from all obligations. Whatever the parties have provided is refunded unchanged, unless a change was necessary in the ordinary course of business. Refunds should be made immediately, no later than fourteen days. If the consumer has made any prepayments, statutory interest is due from the date of the prepayment.

8.3. The Service Provider/Seller will make the refund to the bank account number indicated by the consumer, unless the consumer specifies another method.

8.4. The fourteen-day period within which the consumer may withdraw from the contract is counted from the date of delivery of the Product in the case of a Sales Contract, and from the date of its conclusion in the case of a contract for the provision of an Electronic Service.

8.5. The right to withdraw from a distance contract does not apply to the consumer in the following cases: (1) the provision of services commenced, with the consumer’s consent, before the expiry of the period referred to in points 8.1 and 8.4 above; (2) audio and visual recordings and those stored on electronic data carriers after the consumer has removed their original packaging; (3) contracts for services for which the price or remuneration depends exclusively on price movements on the financial market; (4) services with properties specified by the consumer in their order or closely related to them; (5) services which, due to their nature, cannot be returned or whose subject matter is subject to rapid deterioration; (6) press delivery; (7) gambling services.

9. PROVISIONS REGARDING ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained therein apply only to Customers who are not consumers.

9.2. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method selected by the Customer in the Order Form and the fact of concluding the Sales Agreement.

9.3. A Customer who is not a consumer is obligated to fulfill their obligations under the Sales Agreement (i.e., in particular, pay the price and collect the Product) immediately, no later than 7 days from the date of its conclusion, unless the Sales Agreement provides otherwise.

9.4. Products subject to a Sales Agreement concluded with a Customer who is not a consumer remain the property of the Seller until the price and delivery costs under the Sales Agreement are paid.

9.5. Upon the Seller’s release of the Product to the carrier, the benefits and burdens associated with the item, as well as the risk of accidental loss or damage, are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from its acceptance for transport until its delivery to the Customer, or for any delay in shipment.

9.6. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obligated to inspect the shipment at the time and in the manner customary for such shipments. If the Customer determines that the Product has been lost or damaged during transport, the Customer is obligated to take all necessary actions to determine the carrier’s liability.

9.7. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not also a consumer only for typical damage foreseeable at the time of conclusion of the contract and is not liable for lost profits towards the Service Recipient/Customer who is not also a consumer.10.DISPOSITIONS FINALES

10. FINAL PROVISIONS

10.1. Agreements concluded through the Online Store are concluded in accordance with Polish law and in the Polish language.

10.2. Amendments to the Terms and Conditions:

The Service Provider reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal provisions; changes in payment and delivery methods – to the extent such changes affect the implementation of the provisions of these Terms and Conditions.
The amended Terms and Conditions are binding on the Service User if the requirements specified in Article 384 of the Civil Code are met, i.e., the Service User has been properly notified of the changes and the Service User has not terminated the agreement for the provision of continuous Electronic Services within 14 days of notification.
Amendments to the Terms and Conditions will not in any way violate the acquired rights of Service Users who are also consumers and use the Online Store before the effective date of the amendments. In particular, amendments to the Terms and Conditions will not affect Orders already placed or submitted, or Sales Agreements concluded, executed, or performed. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User who is a consumer has the right to withdraw from the contract.

10.3. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Journal of Laws No. 22, item 271, as amended); the Act on Specific Terms of Consumer Sales and Amending the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of Polish law shall apply.

10.4. Disputes arising between the Service Provider/Seller and the Service Recipient/Customer who is also a consumer shall be submitted to the competent common courts. Disputes arising between the Service Provider/Seller and the Service Recipient/Customer who is not also a consumer shall be submitted to the court having jurisdiction over the registered office of the Service Provider/Seller.

10.5 Information on online dispute resolution for consumers:

The European Commission has created an online dispute resolution platform (“ODR platform”). The platform serves as a contact point for the out-of-court resolution of consumer disputes concerning contractual obligations arising from online transactions. The ODR platform is available to consumers at:
http://ec.europa.eu/consumers/odr