Terms and conditions
1 § GENERAL INFORMATION
- is run by: HBR PRO Sp. z o.o., street: Kwiatowa 2/1, postal code: 45-569, city: Opole, country: Poland. TAX ID: PL7543281455. REGON: 386310431. KRS: 0000846041.
- These Terms and Conditions define the following: rules of using the store, rules of placing orders for products available in the Store, time and rules of order processing, delivery methods, terms and forms of payment, customer’s rights to cancel the order and withdraw from the agreement, conditions of product warranty, terms of submitting and processing complaints.
- The Store conducts retail sales through the website using means of remote communication on the basis of these terms and conditions.
- The Seller, to the widest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the store due to Force Majeure, unauthorized action of third parties or incompatibility of the online store with the technical infrastructure of the customer.
- The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the store’s content or its technical features, including the provision of unlawful content. It is forbidden to use the Store for purposes other than its intended use, including in particular spamming, conducting any commercial, advertising or promotional activities on the store’s website, etc.
- Viewing the Store’s product selection does not require setting up an account. Placing orders by the Customer for products included in the store’s assortment is possible after setting up an account in accordance with Article 3 of the Terms and Conditions or after providing the necessary personal and address data to enable the processing of the Order without setting up an Account.
- The final amount to be paid by the Customer includes the price for the product and the shipping costs (transport, delivery and postal services), of which the Customer is informed on the Store’s website when placing the order, including the moment of expressing the will to enter into a sales agreement.
2 § CONTACT DETAILS
3 § CUSTOMER’S ACCOUNT
- In order to create an Account in the Store, you must fill in the registration form and provide the required and accurate data.
- The Store has the right to delete the Customer’s Account if there are justified doubts as to the authenticity and reliability of the data provided.
- Creating an Account is free of charge and is not a necessary condition for placing orders.
- The Customer may also give a separate consent to receive advertising and promotional materials, including a commercial newsletter, from the Store.
- Signing in to the Account involves providing the login and password set in the registration form. The Account owner should not share this data with any third parties.
- The Customer can delete the Account at any time, without giving any reason and without paying any fees, by sending an adequate request to the seller via: e-mail or in writing to the company's registered office address.
4 § DELIVERY AND PAYMENT METHODS
- The Customer may use the following methods of delivery or collection of the ordered product:
a. Przesyłka kurierska GLS lub przesyłka kurierska pobraniowa GLS – zagranica.
b. Przesyłka “Paczkomaty” InPost.
c. Przesyłka kurierska InPost.
Collection in person at the company headquarters.
- The Customer may use the following methods of payments:
a. Płatność elektroniczna oraz kartą płatniczą za pośrednictwem platformy PayU lub PayPal.
b. Payment in cash at personal collection.
c. Płatność gotówką przy odbiorze osobistym.
c. Payment by bank transfer:
IBAN: 92 1140 2004 0000 3502 8010 9242
RECIPIENT: HBR PRO SPOLKA Z O O
IBAN: PL 02 1140 2004 0000 3012 1143 3812
RECIPIENT: HBR PRO SPOLKA Z O O
- Detailed information, such as terms and conditions, on delivery methods and payment methods can be found on the official website of the respective supplier or platform.
5 § ORDERS – CONDITIONS AND IMPLEMENTATION
- Złożenie zamówienia w sklepie Help Bag oznacza zawarcie przez klienta umowy kupna – sprzedaży zamawianych produktów ze sklepem oraz zaakceptowanie postanowień tego regulaminu.
- Orders can be placed through the online store, by phone or by completing the contact form. Orders that cannot be confirmed may not be processed.
- By placing an order, the Customer consents to the processing of their personal data solely for the purpose of order processing.
- The Store reserves the right to change prices of products in the Store, introduce new products for sale, carry out and cancel promotional campaigns or introduce changes in them in accordance with the standards of the Civil Code and other laws, provided that such changes do not violate the rights of persons who have entered into purchase and sale agreements for products offered by the Store before making the above changes or the rights of persons eligible to use a given promotion, in accordance with its rules and during its term.
- Each transaction will be confirmed by a VAT invoice (on Customer request) or a receipt.
- Current product prices, costs, delivery methods and times and types of payment are specified in the order form.
- The price indicated next to the product does not include information on shipping costs. The shipping costs are added to the total amount of ordered products when choosing the method of delivery of the order and are borne by the Customer. Personal collection of the order by the Customer is free of charge and is possible only after prior contacting the Seller.
- Prices in the Store are gross prices in Polish zloty (PLN) (VAT included). Prices in a currency other than PLN are calculated based on the current exchange rate. In accordance with Directive 2006/112/EC as amended, from 1 January 2015, gross prices may vary depending on the country of residence of the Customer.
- In the event of providing false or incomplete data, the Store has the right to withdraw from the fulfilment of the order and will notify the Customer thereof, and shall not be liable for non-delivery or delay in the delivery of the order to the fullest extent permitted by law.
- The Customer will be notified about changes in the order status by e-mail to the address provided in the registration form.
- If the Customer chooses the method of payment in the form of advance payment, failure to receive the payment to the account of the Store or the entities acting as intermediaries in the transaction (PayU or PayPal service) within 2 days from placing the order will result in cancellation of the order. Then you can place the order again.
- If the Store does not have the ordered product or is unable to fulfil the Customer’s order for other reasons, the Store will notify the Customer by sending information to the e-mail address provided during registration within 7 days from the date of entering into the Agreement.
- If you order products with different delivery dates, the delivery date is the longest specified.
- In the event of a shortage of goods in the warehouse, the Customer is informed about this fact and the related extension of the order processing time. If the Customer does not accept the extension of the order's processing time, they may resign from the order in full or only resign from the item which extends the processing time.
- If the payment for the subject of the order, which could not be completed in whole or in part, was made in advance, the Store will return the amount paid (or the difference) to the Customer within 14 days from the date of sending the information.
- You can cancel your orders before they are sent. Cancellation should be made by means of the contact form available on the order page or by telephone.
- In case of any reservations as to the state of the collected or delivered parcel, the Customer should report this fact to the supplier and immediately contact the Seller. Please also write a shipping damage report with the courier delivering the parcel.
6 § RETURNS – THE RIGHT TO WITHDRAW FROM THE AGREEMENT
- The Customer has the right to return the products purchased in the Store without providing any reasons within 14 days of receiving the order, by submitting an appropriate statement before the expiry of this period by means of the Customer’s Account, traditional mail, or electronically by sending a statement of withdrawal from the distance agreement (download the template - PDF) to the e-mail address of the Seller.
- If the statement is sent by the Consumer by electronic means, the Seller shall immediately send the Customer a confirmation of receipt of the statement on withdrawal from the Agreement to the e-mail address provided by the Customer.
- Results of withdrawal from the Agreement:
a. In the event of withdrawal from the distance Agreement, the Agreement is deemed null and void.
b. In case of withdrawal from the Agreement, the Seller shall immediately, and not later than within 14 days from the day of receiving the Customer’s statement on withdrawal from the Agreement, return the payments made by the Customer, except for the costs resulting from the method of delivery chosen by the Customer.
c. The Seller shall return the amount of payment using the same payment methods as were used by the Customer in the original transaction, unless the Customer expressly agreed to another solution which will not entail any costs for them.
d. The Seller may withhold the return of payment until the product is returned or until proof of its return is provided, whichever occurs first.
e. The Customer shall send the product back to the Seller’s address specified herein immediately, and no later than 14 days from the day on which they informed the Seller about their withdrawal from the Agreement. The time limit is considered observed if the Customer sends back the product before the 14-day deadline.
f. The costs of returning the product are borne by the Customer.
g. The Customer is only liable for any reduction in the value of the Product resulting from its use in a manner other than that necessary to determine the nature, characteristics and functioning of the Product.
- The right to withdraw from a distance agreement does not apply to the Customer with regard to the following types of agreements:
a. an agreement in which the subject of the service is a non-prefabricated item, made to the Customer’s specifications or intended to satisfy their individual needs,
b. an agreement in which the subject of the service are sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
c. an agreement in which the subject of the service are products which are liable to deteriorate or expire rapidly;
d. service agreement after the service has been fully performed with the prior Customer’s express consent, and with the acknowledgement that they will lose their right of withdrawal once the Agreement has been fully performed by the Seller,
e. an agreement for the supply of goods for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
f. an agreement the supply of goods which are, after delivery, according to their nature, inseparably mixed with another item.
- The right of return is only entitled to Customers who are natural persons. Legal entities and persons conducting business activity are not entitled to the right of return if the product was purchased for the purposes of their professional activity.
- The Customer is not entitled to withdraw from the Agreement in the following events: A) goods are imported upon Customer’s order. B) goods are damaged. C) services with properties specified by the Customer in their order or clearly personalised.
- Any returns sent at the expense of the Store HBR PRO Sp. z o.o. shall not be accepted unless otherwise agreed earlier.
7 § GUARANTEE AND COMPLAINT CONDITIONS
- Products available in the store are subject to manufacturer’s warranty or Store’s own warranty. The warranty covers hidden/material defects. The warranty does not cover damage to the product due to improper use or natural wear and tear. Products sold in the Store are intended for consumer purposes.
- Help Bag products are covered by a 3-year warranty, which starts from the date of purchase.
- The basis for accepting a complaint is the proof of purchase of goods (fiscal receipt or VAT invoice).
- The Sales Agreement applies to new Products.
- The Seller shall be obliged to provide the Customer with a defect-free product.
- If a defect occurs in the products purchased from the Seller, the Customer has the right to lodge a complaint on the basis of the warranty regulations specified in the Civil Code.
- The complaint and the proof of purchase should be submitted electronically or in writing to the address of the company’s registered office to the contact details specified herein before the expiration of the warranty.
- When filing a complaint, the following information shall be provided: first and last name of the Customer, order number and a concise description of the defect, circumstances (including the date) of its occurrence, as well as the Customer’s request in relation to the defect of the products.
- The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it fails to do so within that period, it shall be deemed that the Customer’s request is justified.
- For justified complaints or returns meeting the above-mentioned requirements, we guarantee to return the payment for the defective products by bank transfer to the account indicated by the Customer or repair/replacement to a new product within 21 days.
- If the complaint or return is accepted, the Customer is obliged to return the product in whole or in part to the address of the Store.
- Any shipments sent at the expense of the Store HBR PRO Sp. z o.o. shall not be accepted unless otherwise agreed earlier.
- Products which are not manufactured by Help Bag brand are covered by the warranty of individual manufacturers of the equipment. The processing of any complaints is carried out through the Store.
8 § PERSONAL DATA
- The Controller of the Customers’ personal data collected through the Online Store is the Seller.
- Customers’ personal data collected by the Controller via the Online Store are collected for the purpose of performing the Sales Agreement, and if the Customer consents – also for marketing purposes.
- The recipients of personal data of the Customers of the Online Store may be as follows:
a. For a Customer who uses the Online Store delivery method by mail or courier service, the Controller makes the collected personal data of the Customer available to a selected carrier or intermediary handling shipments on behalf of the Controller.
b. For a Customer who uses an electronic payment method or a payment card in the Online Store, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The Customer has the right to access the content of their data and to rectify or erase them.
- Providing personal data is voluntary, however, failure to provide the personal data indicated in the Terms and Conditions necessary to enter into the Sales Agreement results in the impossibility to enter into the Agreement.
9 § FINAL PROVISIONS
- The Terms and Conditions enter into force on the day of its publication on the Store’s website.
- Information about amendments in the Terms and Conditions will be sent to the Customer to the e-mail address provided in the registration form.
- Amendments to the Terms and Conditions shall come into force after 14 days from the date of their publication. Amendments to the Terms and Conditions shall be published on the Store’s website. The Store recognizes that the Customer has accepted the amendments to the Terms and Conditions if they have not terminated the Agreement by the end of this period.
- The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions hereof.
- It is possible to temporarily suspend the Store’s activity in order to carry out maintenance, development and upgrading works.
- The Seller undertakes to protect personal data in accordance with the Act of 10 May 2018 on the Protection of Personal Data. Pursuant to this Act, the Customer consents to the storage and processing of the data for marketing and recording purposes, only for the needs of the Seller. The Customer has the right to access their data, to rectify them and to request to cease their use.
- The Owner informs, and the Customer acknowledges, that the use of the Internet may involve a risk in the form of damage that the Customer may suffer as a result of threats existing on the Internet, in particular hacking into the Customer’s IT system, taking over passwords by third parties, infecting the Customer’s IT system with viruses.
- To the widest extent permitted by law, the Store is not responsible for blocking the sending of messages to the email address indicated by the Customer by the administrators of e-mail servers and for deleting and blocking e-mails by software installed on the computer used by the Customer.
- Any differences between the visualization of the product resulting from individual settings of the Customer's computer (colour, proportions, etc.) and the actual appearance of the product cannot be the basis for a complaint. The Customer, in such a case, has the right to withdraw from the Agreement in accordance with the provisions of these Terms and Conditions.
- The Seller will make every effort to ensure that the offer, description and parameters of products specified on the Store’s website are up-to-date.
- It is forbidden to use any materials published on the Store’s website (including informational texts, photos and descriptions of products) without written consent.
- The Help Bag brand logo is a registered trademark and intellectual property. All rights reserved. In accordance with the provisions of Article 122 Clause 5.2 and 3a of the Intellectual Property Code it is permitted to “copy or reproduce the contents of the website provided that the copied materials are used solely for personal use”, and to cite analyses and short quotations to exemplify. Any recreation or reproduction of part or all of the website without the consent of the author or their legal successors is unlawful (Article 122(4)). Recreation or reproduction, by any technique or methods, is an offence under Article 335 (2) et seq. of the Intellectual Property Code.
- Any matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: The Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act; the Act on the Protection of Personal Data.