ADMINISTRATOR – stands for Hydroland Chorobik Gawęda Malec Wojtycza Spółka Jawna – Jawornik 658, 32-400 Myślenice Nip. 6811662347, Regon 35144017000000, activities entered in the Central Register and Information on Economic Activities supervised by the Minister of Development, the body which registers the Seller in the CEiDG: Siepraw Municipality Office.
Terms and Conditions – this document. These Terms and Conditions shall be the Rules of Procedure referred to in Article 104(1) of the Rules of Procedure. 8. the Act of 18.07.2002 on the provision of electronic services (i.e. Journal of Laws of 2013, item. 1422).
Website – a collection of interconnected websites available at www.hydroland.com.pl through which the services are provided.
Registered User – is a natural person with partial (over 13 years) or full legal capacity who has accepted the Terms and Conditions.
Unregistered User – is a natural person with partial (over 13 years) or full legal capacity, who during the ordering procedure accepted the Terms and Conditions.
ID – an individual and unique name of the User on the Website, which was adopted by him at the stage of creating an Account on the Website.
User Account – an account specified by a unique identifier (ID) and password, which are used to use the Service and a mechanism together with the storage area, which is a shared place in the resources of the ADMINISTRATOR’s IT system.
User Account Database – a collection of personal data provided by Users when registering on the Website, which are collected and processed in an orderly manner in the INFORMATION SYSTEM by the ADMINISTRATOR as the Administrator of Personal Data for the purpose of providing the Services of the Service.
Agreement – an agreement concluded between the User and the ADMINISTRATOR under the terms of the Regulations, the object of which is the acquisition of the right for the User to use the Services under the conditions specified in the Regulations.
Service – a package of services that are electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e. one of the following: Journal of Laws of 2013, item. 1422.) covering hosting i.e. provision of memory resources in the ADMINISTRATOR’s IT infrastructure connected to the world’s resources on the Internet, together with the mechanism of the User Account.
Consumer – a natural person carrying out a legal act with the trader not directly related to his economic or professional activity, as defined in Article 1(1) of Directive 91/414/EEC. 22(1) of the Act of 24.04.1964 civil code (i.e. unit. Journal of Laws of 2014, item. 121. as amended. as amended).
Code of Good Practice – a set of rules of conduct, and in particular the ethical and professional standards referred to in Article 10. Article 2(5) of the Law on the Prevention of Unfair Market Practices of 23 August 2007 (i.e. OJ 2016, item 3 as of late. as amended).
- GENERAL PROVISIONS
The object of the Service’s activities is the provision of electronic services including the sale of goods through the Service.
- The service is provided by Hydroland Spółka public Chorobik, Gawęda, Malec, Wojtycza – Jawornik 658, 32-400 Myślenice Nip. 6811662347, Regon 35144017000000, activities entered in the Central Register and Information on Economic Activity of the Republic of Poland supervised by the Minister of Development.
- Contact the Administrator: tel.: +48 12 270 48 72, connection fee according to the tariff of the operator used by the user, email: email@example.com, contact form available in the Online Store in the CONTACT tab.
- The service consists in providing free access to the user panel enabling the management of information about the purchased goods.
- The contract shall be concluded for an indefinite period from the date of registration. Complaints about the manner and scope of provision of the service can be submitted in writing or by e-mail under the conditions described in the Regulations.
- The Service Provider makes no warranty regarding the availability of the Service.
- The functionality of the Service can be used through an end device with the following minimum hardware requirements:
Desktop, laptop, smartphone, tablet terminal control. Equipped with: mouse or other manipulator + keyboard, network card/modem: capable of accessing the Internet at 512kbps.
Minimum software requirements:
(a) Operating System: MS Windows 95 and above, Linux with X.ORG, MacOS 9 or higher,
(b) Latest mobile systems: Android, iOS, SymbianOS, Windows Mobile,
(c) Web browser: Internet Explorer 7 or higher, Opera 9 and above, FireFox 2 and above, Chrome 1.0 and above, Safari 5,
(e) Recommended Flash Player plugin version 10.0 or higher.
- Upon registration and acceptance of the Regulations, the person acquires the status of Registered User.
- To the Users indicated, if the Regulations mention Users, the provisions of the Regulations apply to them.
- The object of the Service’s activity is the sale via the Internet of goods (spare parts and other goods offered for retail sale) constituting the offer of the Service.
- Use of the Service may be carried out only on the terms and conditions set out in the Content of the Regulations.
- The ADMINISTRATOR also reserves the right to publish sales rankings and popularity of goods.
- The number of eligible or saleable goods offered is limited. The execution of orders for such goods takes place in the order in which they were placed by users until stocks are exhausted.
- The information provided on the Website (in particular regarding the prices of goods) does not constitute a commercial offer within the meaning of Art. They shall constitute only the invitation to tender referred to in Article 66 of the Civil Code. 71 of the Civil Code.
- All prices quoted on the Website are expressed in Polish Zlotys (PLN) and are gross prices (including VAT).
- It is forbidden for Users to use the service or website to send unsolicited commercial information, so-called. spam within the meaning of the Act on the provision of services by electronic means, as well as the use of the Website in a manner contrary to the law, good manners, violating the personal rights of third parties or legitimate interests of the ADMINISTRATOR.
- The Seller informs that he/she is applying the Code of Good Practice.
III. WITHDRAWAL, TERMINATION OF THE CONTRACT
The conclusion of the Agreement takes place upon registration on the Website and acceptance of the Regulations, in accordance with the provisions of Chapter II, paragraphs 8 and 9 of the Regulations.
- The contract for the provision of services of the Service concluded between the Registered User and the Service may be terminated at any time by the User with immediate effect.
- The User’s declaration of intent to terminate the contract is made by deleting the Account.
- Notwithstanding the foregoing, the Registered User who is a Consumer shall be entitled to in accordance with the provisions of the Act of 30.05.204 on consumer rights (Journal of Laws of 2014 item 827) the right to withdraw from the contract for the provision of services of the Service, without giving reasons, within 14 days from the date of its conclusion, unless the User has consented to the provision of the service during the period of the right to withdraw from the Agreement , which is tantamount to losing the right to withdraw from such a contract.
- The User exercises the right to withdraw from the contract by making an appropriate declaration in electronic form – by e-mail sent to the above-mentioned e-mail address – or in writing. A model withdrawal form is available here. However, the use of this design is not mandatory.
- The right to terminate the Agreement is vested in the User m.in. in the cases specified in the Regulations.
- The User has the right to terminate the Agreement with immediate effect by sending an appropriate declaration of intent to the e-mail address of the service:
- in the case of assignment of the rights and obligations of the ADMINISTRATOR (Chapter XI paragraph 2 of the Regulations),
- in the event of a declaration of intent to exercise this right within 14 (fourteen) days from the date of presentation of the new content of the Regulations or its amendment to the Service, if the User does not accept the provisions of the new Regulations or its amendments,
- at any time, without giving any reason.
- The ADMINISTRATOR reserves the right to terminate the Agreement with one month’s notice at any time, in case of cessation of the provision of the Service or its modification after publication of the relevant information on the Website.
- In the event that the ADMINISTRATOR determines the expiry of the deadlines, and in the event of circumstances that, according to the ADMINISTRATOR, justify termination (paragraph 8), the ADMINISTRATOR will send to the e-mail address provided by the User at the time of registration, a statement of termination of the Agreement by the ADMINISTRATOR. The contract will terminate after one month’s notice. In this case, the User Account will be deleted immediately upon termination of the Agreement.
- The ADMINISTRATOR has the right to terminate the Agreement with immediate effect by blocking and deleting the User Account for the reasons specified in Chapter IX (Blocking the User Account) of the Regulations
The condition for using all functionalities of the Website is the registration of the User and acceptance of the Regulations on the terms set out below.
- Registration on the Website is not necessary for placing an order for goods.
- As part of the registration, the User provides i.a. their e-mail address, ID and password. Registration of the Account is free of charge and voluntary. Your login and password are confidential.
- The User acknowledges that in order to start the Service and provide it for the duration of the Agreement, it is necessary for the User to provide data about the nature of personal data. The controller of personal data is the ADMINISTRATOR, which will process personal data only for the provision of the Service and the performance of contracts for the sale of goods in accordance with the User’s order, unless the User agrees as referred to in paragraph 1. 11 below.
- The ADMINISTRATOR processes the User’s personal data to the following extent:
- a) entering into an Agreement with the User,
- b) the shape of the content of the Agreement,
- c) change or terminate the Agreement and the proper performance of the Service,
- d) the execution of contracts for the sale of goods, service, settlement and handling of the complaint process,
- e) to operate the Service.
- The User has the right to access the personal data processed at any time, as well as the right to correct them and request their deletion from the User Account Database.
- The user is asked to update the personal data provided in the registration form immediately after any change of this personal data.
- When registering, the User is asked to indicate the following personal data:
- a) If you register as a Registered User:
– first name,
– the city,
– the country,
– phone number,
– e-mail address,
– tax id number and enterprises’ company in case the ordered goods are purchased by a person conducting a business, a civil-law partnership or a legal person within the meaning of Polish law.
- b) If an order for goods is placed by an unregistered User, the user is asked to specify:
– first name,
– delivery address,
– postcode of delivery,
– the city of delivery,
– the country of delivery,
– phone number,
– e-mail address,
– tax id number and enterprises’ company in case the ordered goods are purchased by a person conducting a business, a civil-law partnership or a legal person within the meaning of Polish law.
- By accepting the Terms and Conditions, the User declares that:
- a) the data provided in the registration form are complete and in accordance with the facts,
- b) has read the Terms and Conditions and undertakes to comply with them.
- The User of the Service himself bears full responsibility for the hardware, system and software and related fees necessary to enable internet connection and use of the Service.
- During the registration procedure, the User may agree to receive commercial information from the ADMINISTRATOR to the electronic e-mail address provided during the registration in accordance with the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204). Providing personal data by the user is not mandatory, however, it is necessary for the execution of the sales contract concluded by placing an order for goods on the Website.
In this case, the ADMINISTRATOR will process the User’s personal data in connection with the provision of the Service as well as in accordance with the user’s consent.
- SALE OF GOODS
The sale of goods through the Service takes place in accordance with the Regulations.
- The prices of the presented goods are expressed in Polish zlotys and include VAT. These prices do not include shipping costs, which are available in the „shipping method” tab. The prices contained in this tab form an integral part of the Regulations.
- All products offered by the Service are new and free from physical and legal defects.
- The color or shade of the goods may differ slightly from those shown in the photos due to the type of end device used by the User (color coding).
- Orders from Users are accepted through the order form placed on the Website when clicking on the button „I confirm the order with the obligation to pay”. In the event that the ordering party is not of legal age but is over 13 years of age, his Order must be confirmed by a legal guardian.
- Orders through the Service can be placed 24 hours a day throughout the year subject to technical interruptions and failures.
- Orders placed on weekdays after 13:00, Saturdays, Sundays and official Public Holidays are considered on the next working day.
- In order to fulfill the order, it is necessary for the buyer to provide the delivery address (name, street, postcode, city) and contact details (name, telephone number, e-mail).
- If we receive incomplete, false or incomprehensible information, the Administrator will attempt to contact the User to supplement or rectify it. If contact is not possible, the order will not be processed.
- After placing the order, the User receives an e-mail automatically generated by the Service with confirmation of the terms of the order.
- The ordered goods are delivered to the User via courier company and Polish Post at the user’s choice. When the goods are delivered by the courier company, the ordering party is asked to check, in the presence of the courier, that both the consignment and the goods contained therein do not have damage resulting from the transport, whether they are intact, in accordance with the order. Checking your shipment is a free service that guarantees the highest quality of service. In case of damage to the shipment, incompleteness or non-conformity of the shipment with the order, the user is asked to write down the damage report in the presence of the courier and immediately report this fact to the ADMINISTRATOR.
- The delivery time depends on the selected form of delivery and is indicated on the Website.
- For each item on the Website, the shipping time is given. Shipping time is the period of time that elapses from the moment of placing the order to the moment of the shipment of the package from the Administrator’s enterprise (only working days are taken into account).
- The order for goods with different shipping times is carried out after completing the whole, i.e. the order for goods with different shipping times. after the longest time specified.
- The time of receipt of the shipment means the time of execution of the order and the expected delivery time.
- The costs of delivery of the ordered goods in Poland are indicated in the „shipping method” tab.
- If there are goods in the order that are not available for shipment, the ADMINISTRATOR will immediately inform the ordering party by e-mail or telephone. The customer who is a Consumer then has the right to cancel the entire order, to cancel the goods that are missing, to agree to extend the lead time of the order or to execute the order in parts, or to agree to replace the missing goods with similar characteristics and price.
- The user can choose the following payment methods:
-ordinary bank transfer,
-cash on delivery.
- The User who is a Consumer may withdraw from the contract within 14 days from the date of receipt of the goods. The user does not need to state the reasons for the withdrawal. Withdrawal must be made by making a written declaration, which must be sent to the Administrator’s address. You can download the statement print out along with the instruction here. In order to meet the deadline, it is sufficient to send a statement before its expiry. If the user has paid by bank transfer, the refund will be made to the account from which the transfer was made. If he paid on receipt of the product, the refund will be made to the bank account indicated in the declaration of withdrawal, provided that the Consumer has indicated the bank account number. The Consumer is obliged to return the Goods to the Administrator immediately, but no later than 14 days from the date on which he withdrew from the contract. It is sufficient to send the goods back before the expiry of the time limit.
- In the event of effective exercise of the right of withdrawal, the contract shall be deemed not to have been concluded and the user shall be free from all obligations. The user’s and the Administrator’s benefits are refundable unchanged, unless the change was necessary within the limits of the ordinary management. The return must be made immediately, no later than within 14 days of receipt of the Goods back or proof of its return provided by the consumer, depending on which process occurs first.
- The costs of sending the product to the user are reimbursed by the Administrator in the amount of the cheapest delivery method available on the Website.
- The costs of sending (returning) the product in connection with the withdrawal of the contract by the user to the Administrator are borne by the user. The consumer is only liable for the reduction in the value of the goods resulting from the use of them in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
- The Administrator shall be liable under the warranty if the sold thing has a physical or legal defect, in accordance with the rules of liability set out in the provisions of the Civil Code, in particular Art. 556 and 556(1) – 556(6). If the purchaser of the goods is not the Consumer, the ADMINISTRATOR’s liability under the warranty is excluded on the basis of Art. 558 § 1 of the Civil Code.
- A physical defect consists in the incompatibility of the goods sold with the contract. In particular, a sold thing is incompatible with the contract if:
(a) it does not have the characteristics which such an item should have because of the purpose in the contract designated or resulting from circumstances or from destination;
(b) it does not have the characteristics of which the seller has assured the buyer, including by presenting a sample or design;
(c) is not suitable for the purpose of which the buyer informed the seller at the conclusion of the contract and the seller has not objected to such a destination;
(d) has been issued to the buyer in an unsealed state.
- The Administrator is not liable to the buyer who is a consumer for the fact that the sold item does not have the characteristics resulting from public assurances, other than the information contained on the Website, if these assurances were not known or, judging reasonably, could not have known or could not have affected the buyer’s decision to conclude a sales contract, or if their content was corrected before the conclusion of the sales contract.
- A fiscal receipt and, at the request of the purchaser, a VAT invoice shall be issued for each goods sold. The sales document constitutes a written confirmation of the content of the order placed and the concluded sales contract.
- In the event of non-recognition of the complaint by the ADMINISTRATOR, the ordering party who is a Consumer may use out-of-court means of dealing with complaints and redress, e.g. the contracting authority may request intervention from a neutral party: the Municipal Consumer Ombudsman, or the State Trade Inspection to conduct mediation aimed at ending the Consumer’s dispute with the Administrator, or by writing to the Amicable Consumer Court operating at the State Trade Inspection. Detailed procedures for the assistance of the Ombudsman, the Arbitral Court or the Trade Inspection are available on the websites of these offices and on the www.uokik.gov.pl page in the tab „Settlement of consumer disputes”. Out-of-court redress after the end of the complaint procedure is free of charge. In the case of a consumer contracting authority wishing to use an out-of-court method of redress, it is additionally possible to lodge a complaint via the EU’s ODR online platform, available at http://ec.europa.eu/consumers/odr/.
- The Seller informs that it does not agree to the settlement of consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws 2016, item 1823).
- TECHNICAL AND SUBSTANTIVE LIMITATIONS
The ADMINISTRATOR is not responsible for delays in the operation of the Service on the part of telecommunications operators independent of him.
- The ADMINISTRATOR reserves the right to:
- a) periodically disable the availability of the Service for its expansion or maintenance,
- b) occasional, short interruptions in access to the Service,
- c) changes to the parameters of the User Account and the features and capabilities of the Service,
- d) terminate the provision of the Services at any time by closing part or all of the Service, after the relevant information has been published on the Website in good time,
- e) to refrain from enforcing any point of the Regulations, if the violation of the Regulations is minor and its degree allows such waiver.
VII. RESPONSIBILITIES AND PERMISSIONS OF THE USER
Each User has the right to use all or individual functionalities of the Service. The user is obliged to:
- a) inform the ADMINISTRATOR about changes to the contact e-mail address under the pain of effective service of letters or e-mails sent to addresses not up to the standard,
- b) compliance with the Regulations,
(c) comply with generally applicable laws.
VIII. COMPLAINT PROCEDURE
The complaint made by the User in connection with the non-performance or improper performance of the Agreement should be sent to the ADMINISTRATOR in e-mail or in writing to the address of the ADMINISTRATOR’s registered office.
1.i. The User has the right to make a complaint in connection with the non-performance or improper performance of the contract of sale of m.in. in the case of:
- a) physical defects of the goods,
(b) a defect resulting from delivery,
(c) where the product does not comply with the product specified in the order.
- The ADMINISTRATOR is obliged to give a written response to the complaint, sending within 14 days from the date of its receipt, indicating whether it recognizes the complaint and how it intends to remove the violation indicated in the complaint or informing about the lack of grounds for acknowledging the complaint along with the reasons for its position. If it is necessary to clarify additional circumstances related to the services provided to the ADMINISTRATOR by entities for which the ADMINISTRATOR is not responsible, the ADMINISTRATOR sends the User making a complaint within 7 days information about the need to clarify these circumstances.
The Seller informs that it does not agree to the settlement of consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws 2016, item 1823).
- BLOCKING YOUR ACCOUNT
The ADMINISTRATOR reserves the right to immediately withdraw from the Agreement and block the User Account, which:
- violates the provisions of the Regulations:
- a) uses an Identifier that is the same as an expression generally considered offensive or inconsistent with good morals,
- b) directs criminal threats, violates personal property or otherwise violates the law using the Service or on the Service.
Users’ personal data and payment data will be transferred to a third party (e.g. banks, settlement centres) only for the purpose of carrying out the transaction or in the event of circumstances described in the applicable law.
- The ADMINISTRATOR may collect data on the popularity and use of individual Services offered by the ADMINISTRATOR, sharing them with subsidiaries of the ADMINISTRATOR or other related entities. This data will only be shared anonymously and in groups.
- FINAL PROVISIONS
THE ADMINISTRATOR will make every effort to ensure that the Service and all services made available through it operate continuously without any interruption.
- The ADMINISTRATOR reserves the right to transfer or order all or part of its rights and obligations under the Regulations to a third party. In this case, the procedure for the accession of a third party to all or part of the rights and obligations under the Agreement will take place under the conditions generally applicable in the Republic of Poland by law.
- The ADMINISTRATOR reserves the right to completely cease making the Services available on the Website, after informing the Users in good time of such a decision.
- The ADMINISTRATOR reserves the right to change the content of the Regulations at any time for important reasons and this is:
(a) amendments to the law governing the provision of electronic services;
(b) changes in the way electronic services are provided;
- c) changes in the scope and/or provision of services by electronic means, to which the provisions of the Regulations apply by introducing new or withdrawing existing services by the Service; in this case, each Registered User will be notified one month in advance of the change of the Regulations immediately by e-mail or by publication of information on the Website.
- In matters not regulated by the Regulations, in particular the provisions of Polish law shall apply.
- Any comments and questions regarding the operation of the Service should be addressed to: firstname.lastname@example.org or by letter to:
Hydroland Public Company
Chorobik, Gawęda, Malec, Wojtycza
32-400 Myślenice, Jawornik 658
- The content of these Terms and Conditions may be fixed by printing, saving on a medium or downloading at any time from the Website.
- The Regulations are valid from 25.05.2018.
XIII. COOKIES POLICY
Go to cookies policy.
By providing an e-mail address, you agree to receive commercial, marketing, advertising (newsletter) information by e-mail from the Administrator of personal data, which is Hydroland Spółka Jawna Chorobik, Gawęda, Malec, Wojtycza 32-400 Myślenice, Jawornik 658. The controller of personal data informs that the personal data provided by you will be used only for the purpose of sending the newsletter. Providing data is voluntary, but necessary in order to send the newsletter, personal data will not be transferred to third parties without your separate consent. You have the right at any time to data portability, access to the content of personal data and the possibility to correct them, object to the processing of data, as well as the right to lodge a complaint regarding the processing of personal data with the President of the Office for Personal Data Protection.