Store Regulations
Publication date: 11.02.2025
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for the use of the Online Store and the rules and procedure for concluding Distance Sales Contracts with the Customer through the Store.
GENERAL PROVISIONS
1. these Regulations of the online store (hereinafter: “Regulations”), define the terms and conditions of use of the online store “Hermanas” operating at the Internet address hermanas.pl (hereinafter: “Store”).
2. these Regulations are the regulations referred to in Article 8(1)(1) of the Act of 18 July 2002 on electronic services.
3. the Store is the property of the HERMANAS ANNA FEDORCZAK ul. Jurajska 1B/74, 25-640 Kielce, NIP 9512301235 (hereinafter: “Seller” or ,,Service Provider”).
4. The online store is available in the domain hermanas.pl/sklep (name) and on relevant sub-sites, maintained by the Seller.
5. As part of its activities, the Seller:
1) sells physical Goods that can be purchased by Buyers;
2) provides Users with the Account Service;
3) provides Subscribers with the Newsletter
6. the vendor is a VAT payer. – *if he is not delete this item.
(7) Before using the Store, the Customer shall read the Terms and Conditions and the Privacy and Cookies Policy posted on the Website https://hermanas.pl/polityka-prywatnosci/. Acceptance of the provisions of the Terms and Conditions is a prerequisite for using the Store and concluding a Contract with the Seller (both Sales Contract and Newsletter Access Contract). By accepting the provisions of the Terms and Conditions, the Customer agrees to all its provisions and undertakes to abide by them.
8. Acceptance of the Terms and Conditions is voluntary, but necessary for the Customer to place an Order and conclude an Agreement through the Store.
9. The Seller makes the Terms and Conditions available to the Customer free of charge before using the Store. The Customer may record the content of the Terms and Conditions in a convenient way, e.g. by recording it on a permanent carrier or printing it out.
10. The information on the Store’s website does not constitute an offer within the meaning of the law, but an invitation to conclude an Agreement.
11. Digital Content and all other materials, texts, descriptions, videos, graphics, logos included in the Store are the property of the Seller or have been used by the Seller with the consent of third parties who hold copyrights or other intellectual property rights to them. It is forbidden to copy photos and other graphic materials without the written consent of the Seller or any other third party holding rights to them.
DEFINITIONS
– Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity;
– Customer – a Buyer who intends to conclude or has concluded a Sales Contract with the Seller, as well as a User or Subscriber;
– Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who intends to conclude or has concluded a Sales Contract with the Seller;
– User – a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who has established an Account in the Store;
– Subscriber – a person who is a Consumer, an Entrepreneur or an Entrepreneur on the rights of a Consumer, who has concluded a Newsletter Delivery Agreement with the Seller or has taken steps to conclude one;
– Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing in its own name a business or professional activity;
Entrepreneur on rights
– Consumer – a natural person conducting a business or professional activity on his own behalf, who has entered into an Agreement with the Seller directly related to his business activity, but which does not have a professional character for this person, resulting in particular from the subject of his business activity;
– Vendor/Service Provider -. HERMANAS ANNA FEDORCZAK ul. Jurajska 1B/74, 25-640 Kielce, NIP 9512301235
– Store/Service – online store operated by the Seller at the Internet address hermanas.pl
– Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract;
– Digital Service – a service provided electronically by the Service Provider to the Customer through the Online Store, in particular, the service of providing a Newsletter or Account Service;
– Regulations – these rules and regulations of the Store;
– Order – a declaration of will of the Customer made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller;
– Account – Customer’s account in the Store, where the data provided by the Customer and information about the Orders placed by him/her in the Store are collected;
– Registration Form – a form available in the Store that allows the Customer to create an Account;
– Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment;
– Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products;
– Goods (Physical Goods) – a movable item available in the Store within the meaning of the Civil Code, which may be purchased by the Buyer;
– Digital Content – all digital content offered through the Store, including text, images, graphics, video, photos or sounds, which are works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights. At the same time, they are data on the basis of which, with the help of appropriate software and equipment, it is possible, after processing, to obtain specific information;
– Day – means a calendar day;
– Business day – a day from Monday to Friday except public holidays;
– Sales Contract – a contract of sale of Goods concluded between the Seller and the Customer through the Online Store;
– Newsletter delivery contract – a contract for the delivery of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Subscriber with a Newsletter free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Seller with personal data;
– Newsletter – digital content within the meaning of the Consumer Rights Act, including commercial information on the current activities of the Seller, including information on news and promotions available in the Store;
– Contract for the provision of the Account Service – a contract for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
– Account Service – a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the benefit of the User;
– Checkbox (check button) – a form element that is a small square box that can be checked, used to make a declaration of intent by the Customer;
– Consumer Rights Act – the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended);
– Civil Code – the law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
– DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act). *referring to the Store, where users have the opportunity to leave comments, ratings or opinions on the Goods or services,
CONTACT WITH THE STORE
(1) In any matter related to the Order or the functioning of the Store, you should contact the Seller using the selected available form of communication:
1) via traditional mail to the address Jurajska 1B/74 Street, 25-640 Kielce
2) via e-mail at: kontakt@hermanas.pl,
3) via telephone at: 570 106 007
4) via the contact form available within the Store.
TECHNICAL REQUIREMENTS
(1) In order to use the Store, including browsing the Store’s assortment and placing Orders for Goods, it is necessary:
(a) a terminal device with access to the Internet and an Internet browser capable of displaying hypertext documents on the device’s screen, linked on the Internet via the World Wide Web service and supporting the JavaScript programming language, and furthermore accepting cookies,
(b) Internet connection,
(c) an active electronic mail (e-mail) account,
(d) cookies enabled,
(e) FlashPlayer installed.
(2) Within the Store, it is prohibited for Customers to use viruses, bots, worms or other computer code, files or programs (in particular, process automation scripts and applications or other codes, files or tools).
(3) The Seller informs that it uses cryptographic protection of electronic transfer and digital content through the use of appropriate logical, organizational and technical measures, in particular to prevent third-party access to data, including through SSL encryption, the use of passwords for access and anti-virus or anti-wanted software.
(4) The Seller informs that despite the use of safeguards referred to in paragraph 3 above, the use of the Internet and services provided electronically may be threatened by the access to the telecommunication and information system and the Customer’s device, harmful software or access to the data located on this device by third parties. In order to minimize the aforementioned threat, the Seller recommends the use of anti-virus programs or means of protecting identification on the Internet.
5. Before using the Store, the Customer is obliged to check whether his/her device meets the technical requirements specified in the Regulations.
RULES OF USE OF THE STORE
(1) The Customer is obliged to use the Store in a manner consistent with generally applicable laws, the provisions of the Terms and Conditions, as well as with good morals. The Customer is obliged to use any content from the Store only for his/her own personal use in accordance with the license granted, and not to provide or transmit unlawful content.
(2) The Seller shall not be liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
(3) Placing orders by the Customer for Goods in the Store’s assortment is possible either after setting up an Account or by providing the necessary personal and address information to enable the Order to be processed without setting up an Account.
(4) The customer may not make a purchase anonymously or under a pseudonym or using incorrect personal information.
(5) The customer has the ability to modify the Order until the activation of the button , I buy and pay”.
6. the Seller reserves the right not to complete the Order in the event:
1) incorrect/incomplete completion of the Order Form (lack of all data needed to complete the Order),
2) failure to receive payment within 7 days of placing the Order (in the case of choosing the prepayment option).
(7) Failure to notify the Seller of a change in the data indicated by the Customer in the Order Form shall result in the Seller being deemed that any information provided by the Seller based on the aforementioned data has been received by the Customer and the Customer could have become familiar with its contents.
SETTING UP AN ACCOUNT WITH THE STORE
1) In order to create an Account in the Store, you need to complete the Registration Form. It is necessary to provide the following data address-email and password.
2. Setting up an Account in the Store is free and optional.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer has the opportunity at any time, without giving any reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in the Terms and Conditions.
CONTRACT OF SALE OF PHYSICAL GOODS
(1) In order to conclude a Sales Contract for the Goods or Physical Goods offered in the Store, the Buyer should perform the following actions:
1) go to the Store’s website;
2) enter the tab of the selected Physical Goods and click the option , “add to cart”;
3) Go to the tab , “view basket”;
4) optionally select the number of products and click the “update shopping cart” option;
5) optionally enter the coupon code and click the option , “use coupon”;
6) Click the option , “proceed to payment”;
7) log in to the Account or use the option of placing an Order without registration;
8) In the form that appears, enter or select the following data:
(a) Name or company name;
(b) country/region;
(c) e-mail address;
(d) telephone number;
e) address of residence/business (street, house number, apartment number, city, postal code, country);
(f) delivery address (if different from residence/business address);
g) optionally – company and TIN (if the Buyer is an Entrepreneur or Entrepreneur on the rights of a Consumer);
(h) method of payment;
(i) mode of delivery;
9) Optionally add comments to the Order;
10) select the method of payment;
11) optionally – if there is no Account created, check the Checbox , “Create an Account?”;
12) optionally check the Checbox , “Send to another address?” and provide the address for shipment of the Goods;
13) obligatorily check the Checbox next to the statement about reading the Terms and Conditions and Privacy Policy and accepting their provisions;
14) optionally – check the Checbox next to the statement about agreeing to receive the Newsletter;
15) click the “I Buy and Pay” option and then make payment for the Goods or Goods according to the selected payment method.
(2) The Buyer is aware and understands that by clicking on the “Buy and pay” button, he enters into a Contract with the Seller, which involves the Buyer’s obligation to pay.
(3) After placing an Order, the Buyer shall receive confirmation of its placement at the e-mail address provided by the Buyer.
(4) In the event that the Order cannot be executed, the Seller shall immediately notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. In the case referred to in the preceding sentence, no Sales Contract is concluded between the Seller and the Buyer. If the Order has been prepaid by the Buyer, the Seller shall immediately return to the Buyer all payments made by the Buyer.
5. If the Order is forwarded for execution, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer.
(6) If a submitted Order, for which the Buyer has chosen the option to pay for the Goods before delivery, is not paid within 7 days from the date of its submission, the Seller shall have the right to withdraw from the Sales Agreement and cancel the Order within 7 days from the date of ineffective expiration of the deadline for payment of the Order. Withdrawal from the Contract of Sale and cancellation of the Order is made by the Seller sending the appropriate statement to the e-mail address provided by the Buyer.
METHODS OF PAYMENT
1 The current methods of payment are specified in the Store at the time the Buyer expresses his intention to conclude a Sales Contract.
(2) The following forms of payment for the ordered Goods are possible:
a) payment by bank transfer using the payment system;
3. If the Buyer chooses payment in advance (by bank transfer, electronic payment or payment card), the Buyer is obliged to make payment within 7 days from the date of conclusion of the Sales Agreement.
(4) If the Buyer chooses cash-on-delivery payment upon delivery of the shipment or cash payment upon personal collection, the Customer shall be obliged to make payment upon delivery of the shipment.
(5) In a situation when the Buyer wants to receive a VAT invoice, he is obliged to indicate the tax identification number (NIP) in the Order Form. The VAT invoice will be sent to the email address provided by the Buyer, to which the Buyer agrees.
6. The Buyer may file a complaint regarding the Payment. Complaints are processed in accordance with the rules of the Payment Operators.
7. It is understood that the day of payment is the day of crediting the Seller’s bank account.
PRICES
(1) The prices of the Goods placed in the Store are expressed in Polish zloty and are gross prices, which means that they include all mandatory price components, including taxes required by applicable law, including VAT.
(2) The Seller does not use mechanisms for individual adjustment of prices in the Store on the basis of automated decision-making.
(3) The Seller shall make available information on the lowest price of a given Goods, which was in effect during the 30 days before the price reduction.
(4) If an Item is offered for sale in the Store for a period of less than 30 days, in addition to information about the reduced price, the Seller shall also make visible information about the lowest price of the Item in question that was in effect during the period from the date of commencement of offering the Item for sale until the date of introduction of the reduction.
5. the Seller does not use the tools of third-party suppliers to fulfill the requirements for prices, promotions and discounts and their presentation on the website and sub-sites of the Online Store.
DELIVERY OF PHYSICAL GOODS
1. the Buyer may choose one of the following methods of delivery of physical Goods:
1) cash on delivery;
2) courier delivery to a parcel machine;
2. The Seller performs shipment of Goods to addresses located in the territory of the Republic of Poland.
3. Delivery of the Goods or Goods to the Customer is chargeable, unless the Sales Agreement provides otherwise. Delivery costs of the Goods (including transportation, delivery and postal service fees) are indicated to the Client on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.
(4) Personal collection of the Goods by the Customer is free of charge.
5. shipment of Goods shall be made within 5 working days from the date:
1) posting of payment for the Order on the Seller’s bank account – if the Buyer pays the price for the Goods or Goods before delivery (payment in advance);
2) receipt by the Buyer of a message about the transfer of the Order for execution – if the Buyer has chosen the option to pay the price for the Goods or Goods on delivery (payment on delivery).
(6) If the Customer chooses the option of personal collection of the Goods, the Order will be ready for collection at the Seller’s premises within 5 working days. The Customer will be additionally informed about the readiness of the Goods for collection by the Seller. The beginning of the period of readiness of the Order for collection by the Customer, referred to in the first sentence, is calculated as follows:
1) from the date of crediting the Seller’s bank account or checking account – in case the Buyer pays the price for the Order prior to its collection (payment in advance);
2) from the date of conclusion of the Sales Agreement – in case the Buyer chooses the option to pay the price for the Order upon its collection.
7. The Seller is obliged to deliver the physical Goods to the Buyer in accordance with the Sales Agreement.
8. If the physical Goods are delivered by a courier, the Buyer should check the Goods in his presence. If the package of the Physical Goods is damaged, the Buyer should write a report of the damage and contact the Seller.
9. If the Goods are not shipped within the time limit indicated in paragraph 5 above, or if the Buyer does not notify the Seller that the Order is ready for collection within the time limit indicated in paragraph 6 above, the Buyer shall summon the Seller to ship or prepare the Order for collection. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in the Regulations. If the Seller does not send the Order or prepare the Order for collection immediately upon receipt of the summons or within an additional period expressly agreed with the Buyer, the Buyer may withdraw from the Contract.
10. Withdrawal from the Contract requires the Buyer to submit a statement of withdrawal to the Seller. The statement may be submitted by e-mail to the address indicated in the Terms and Conditions.
11. The Seller is obliged to refund the price paid by the Buyer immediately, but no later than within 14 days from the date of receipt of the Buyer’s statement of withdrawal from the Contract. The price shall be refunded using the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of refund.
12. The provisions of paragraphs 9-11 above do not apply to Buyers who are Entrepreneurs.
RIGHT OF WITHDRAWAL
(1) A consumer who has concluded a contract at a distance may, within 14 calendar days from the date on which he or she or a third party designated by him or her, who is not a carrier, takes possession of the physical Goods, withdraw from the contract without giving any reason.
2. The right to withdraw from the Sales Agreement is exercised by submitting a statement of withdrawal from the Sales Agreement to the Seller (hereinafter: “the Statement”). To meet the deadline for withdrawal from the Agreement, it is sufficient to send the Statement to the Seller before the expiration of the deadline referred to in paragraph 2. 1. The declaration of withdrawal may be sent to the mailing address or via e-mail.
3. A sample withdrawal form is included in the appendix no. 1 to the Terms and Conditions and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer may use the sample form, but it is not mandatory.
4. The Seller shall send the Buyer a confirmation of receipt of the Statement immediately upon receipt, via e-mail.
5. Effects of withdrawal from the contract:
1) In case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.
2) The Consumer is obliged to return the Goods to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the Contract, or to hand them over to a person authorized by the Seller for collection, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration. The consumer may send back the Goods to the address: Jurajska 1B/74 Street, 25-640 Kielce
3) The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him.
4) If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of their return, whichever event occurs first.
5) The Consumer shall bear the direct costs of returning the physical Goods. If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
6) The Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods, unless the Seller has not informed the Consumer of the right to withdraw from the contract
6. The right of withdrawal from a contract concluded remotely does not apply to the Consumer with respect to contracts listed in Article 38 paragraph 1 of the Law on Consumer Rights.
(7) The provisions relating to the Consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, when from the content of the contract it follows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
COMPLAINT HANDLING PROCEDURE
1 The procedure for handling complaints is common to all complaints submitted to the Seller.
(2) The complaint may be submitted in writing to the address: Jurajska 1B/74 Street, 25-640 Kielce or in electronic form via e-mail to: kontakt@hermanas.pl
3. Sending or returning the Goods under a complaint can be done to the address: Jurajska 1B/74 Street, 25-640 Kielce
(4) These provisions apply only to nonconformity of the Physical Goods with the Sales Contract to which the Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer is a party.
5 It is recommended to specify in the description of the complaint:
1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the irregularity or non-compliance with the contract;
2) demand a method of bringing the contract into conformity, or a statement of price reduction or withdrawal from the contract or other claim;
3) contact details of the complainant – this will facilitate and speed up the processing of the complaint.
(6) If the contact information provided by the complainant changes during the processing of the complaint, he is obliged to notify the Seller.
(7) The complaint may be accompanied by evidence (e.g. photos, documents or Goods) by the complainant related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and accelerate the processing of the complaint by the Seller.
8. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
9. The basis and scope of the Seller’s statutory liability are set out in generally applicable laws, in particular the Civil Code Act, the Consumer Rights Act and the Act on Electronic Service Provision. Additional information on the Seller’s statutory liability for the compliance of the Goods with the Sales Agreement is indicated below:
1) in the case of a complaint about Goods purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022, are determined by the provisions of the Civil Code as in effect until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Customer if the sold Goods have a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a Consumer is excluded.
2) In the case of a complaint about Goods purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1. January 2023 are determined by the provisions of the Consumer Rights Act, as in effect from 1. January 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Consumer in the event of non-compliance of the Goods with the Sales Agreement.
(10) In addition to statutory liability, a warranty may be provided for the Goods – this is a contractual (additional) liability and can be exercised when the Goods in question are under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in any other place concerning the granting of the warranty.
CONTRACT FOR THE SUPPLY OF A NEWSLETTER
(1) In order to conclude a Newsletter Delivery Agreement, the Customer should do the following:
1) enter the Shop website;
2) enter the email address in the form on the Shop website;
3) obligatorily check the Checkbox next to the statement of consent to receive the Newsletter, read the Regulations and Privacy Policy and accept their provisions;
4) click the “Sign up” option.
2. Clicking the “Join” option is tantamount to concluding the Newsletter Delivery Agreement by the Customer.
3. Newsletter Delivery Agreement may also be concluded by checking the Checkbox next to the statement of consent to receive the Newsletter when concluding the Sales Agreement. In this case, the Newsletter Delivery Agreement is concluded at the time of conclusion of the aforementioned. Agreement.
4. The Newsletter delivery agreement is concluded for an indefinite period of time.
5. The Service Provider informs, and the Client acknowledges, that:
1) the Newsletter is not subject to updates;
2) the frequency and dates of Newsletter delivery are not predetermined and depend on the current situation of the Service Provider.
6. Delivery of the Newsletter shall be made by e-mail, to the e-mail address provided by the Client.
7. The Subscriber may terminate the Newsletter Delivery Agreement at any time and without giving any reason, with immediate effect. In addition, based on Art. 27 et seq. Act on Consumer Rights, the Subscriber who is a Consumer or an Entrepreneur on the rights of a Consumer may withdraw from the Newsletter Delivery Contract without stating the reason, within 14 days from the date of its conclusion.
8. Withdrawal from or termination of the Newsletter Delivery Contract, regardless of the grounds for such action, requires the submission of a relevant statement by the Subscriber to the Service Provider. The statement referred to in the preceding sentence may be made by:
1) clicking by the Subscriber on the link enabling cancellation of the Newsletter, which is sent together with each Newsletter;
2) sending the Service Provider a statement of withdrawal from the Newsletter Delivery Agreement or its termination by e-mail.
9. The Service Provider shall stop delivery of the Newsletter immediately after the Subscriber performs one of the actions indicated in the paragraph. 8 above.
CHANGE OF ACCOUNT SERVICE
(1) The Service Provider may make changes to the Account Service in the event of:
1) the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
2) the Service Provider’s decision to improve the Account Service by adding new functionalities to it or modifying existing functionalities;
3) the legal obligation to make changes, including the obligation to adapt the Account Service to the current state of the law.
2. The change of the Account Service may not involve any costs on the part of the Customer.
3. The Service Provider shall inform Users of the made change of the Account Service by posting a message on the Account informing about the changes. Information about the change made may also be sent to Users by e-mail.
4. If the change to the Account Service will materially and adversely affect the User’s access to the Account Service, the Service Provider shall inform the User about:
1) the characteristics and date of the change and
2) the right to terminate the Agreement for the provision of the Account Service with immediate effect within 30 days of the change.
5. The information referred to in paragraph 4 above shall be sent by the Service Provider to the User by e-mail, no later than 7 days before the change is made.
6. The termination of the Agreement for the provision of the Account Service by the User under paragraph 4(2) above shall be effected by submitting to the Service Provider a statement of termination of the Agreement for the provision of the Account Service. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in the Terms and Conditions. The Service Provider shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
PERSONAL DATA PROTECTION
1. the Customer’s personal data is processed by the Seller as the administrator of the personal data.
2. the provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services and conclude a Sales Agreement or Newsletter Delivery Agreement.
3. the rules for the processing of personal data used to carry out orders and the policy of cookies, are described in the Privacy and Cookies Policy available at: https://hermanas.pl/polityka-prywatnosci/
SELLER'S INTELLECTUAL PROPERTY
(1) All components of the Store, in particular:
1) the name of the Store;
2) the Store logo;
3) pictures and descriptions of Products;
4) the rules of operation of the Store website, all its graphic elements, interface, software, source code and databases
– are legally protected under the provisions of the Act of February 4, 1994 on Copyright and Related Rights, the Act of June 30, 2000. – Industrial Property Law, the Act of April 16, 1993 on Combating Unfair Competition, and other provisions of common law, including European Union law.
2. Any use of the Seller’s intellectual property without its prior express permission is prohibited.
EVALUATIONS AND OPINIONS
1. a Customer who has purchased Goods in the Store may issue an opinion or rating.
2. the Customer’s issuance of a rating or opinion is tantamount to consent to its publication within the Store and for the purposes specified by the Seller.
3. the Seller makes every effort to ensure that the opinions presented in the Store and on the Store’s subpages are reliable and come from people who are actual customers of the Store.
(4) If an opinion raises doubts about the Seller, it is not presented within the Store. Verification of the opinion is carried out, among other things, by contacting the author of the opinion. The author of an opinion that has not been published or has been removed by the Seller, has the opportunity to contact the Seller to clarify the situation and determine the reasons.
(5) The Seller is not obliged to publish all opinions in the Store and has the right to remove opinions at his discretion. He may also publish selected opinions.
DEFINITIONS, PROCEDURES, RESPONSIBILITIES AND POWERS RELATED TO DSA
1 The Vendor is a provider of Indirect Services within the meaning of the DSA, offering hosting services.
(2) Indirect services provided by the Seller consist of enabling the Store’s Customers to post Content within the Service, such as:
1) Comments,
2) opinions and evaluations,
(3) Definitions used in the body of this paragraph shall mean:
Administrator – the Seller as defined in the Regulations;
Recipient of the service – a customer or user or a person using indirect services or other information society services provided by the Administrator, including the Store, in particular for the purpose of seeking information or making it available;
Content – any information provided by the Customer in any form within the Store;
Illegal Content – information that in itself or by reference to an action, including the sale of Goods or the provision of services, does not comply with the law of the Union or with the law of any Member State that is in compliance with the law of the Union, regardless of the specific subject matter or nature of that law;
Moderation of Content – actions, whether automated or not, taken by the Administrator or its cooperating intermediary service providers to control materials shared by various users and to respond as needed;
Indirect service – one of the following information society services provided by the Administrator:
1) a “simple transmission” service consisting in the transmission on the telecommunications network of information transmitted by the Recipient of the service or in the provision of access to the telecommunications network;
2) a “caching” service consisting in the transmission in the telecommunications network of information provided by the Recipient of the service, involving the automatic, indirect and short-term storage of this information, made solely for the purpose of facilitating the subsequent transmission of information at the request of other recipients;
3) a “hosting” service to store information provided by and at the request of the Recipient of the service;
Internet platform – a hosting service that stores and disseminates information to the public at the request of the Recipient of the service, unless such activity is an insignificant or solely side feature of another service or an insignificant function of the main service, and for objective and technical reasons cannot be used without such other service, and the inclusion of such feature or function in such other service is not a way to circumvent the application of the DSA;
Public dissemination – means making information available at the request of the Recipient of the service, who provided the information, to a potentially unlimited number of third parties.
(4) The Administrator has designated an electronic point of contact related to the Service for direct communication with the authorities of the Member States, the Commission, the Digital Services Board. The same contact point can be used by the User for direct and fast communication with the Administrator. Communication may be conducted in Polish.
(5) The Customer may not post Illegal Content or Content that does not comply with the Terms of Service or that:
1) duplicate content that has appeared before (before posting new content, the User is obliged to make sure that similar content has not been posted before);
2) are related to technical issues (technical issues should be reported by Users electronically to the e-mail address provided in the Rules);
3) contain links;
4) are used to conduct competitive activity towards the Seller, e.g. promoting competing Internet platforms;
5) serve to conduct unauthorized advertising, promotion, marketing activities, in particular by posting advertisements, sales and promotion of products, services, projects, collections.
6) serve to conduct activities prohibited by law, such as attempts to defraud and defraud other Users;
7) incite violence against any living beings, including animals, or praise such violence;
8) propagate any fascist or other totalitarian state system;
9) incite hatred on the basis of gender, sexual, national, ethnic, racial, religious differences, or on the basis of irreligiousness, or praise such hatred;
10) insult a group of people or individuals on the basis of their gender, sexual, national, ethnic, racial, religious or irreligious affiliation;
11) contain content of a chauvinistic and misogynistic nature, as well as bearing the hallmarks of gender discrimination;
12) defame or insult any third party;
13) violate the personal rights of any third party;
14) contain vulgarities or other content of an offensive nature;
15) incite to or praise dangerous behavior;
16) offend religious feelings;
17) violate the prevailing legal order or good morals in other ways;
18) contain vulgarities, third-party hate speech, spam.
(6) A person who considers content published on the Service to be illegal or in violation of the Terms of Service may send a report regarding such content to the Administrator (hereinafter referred to as the “Submitter”).
(7) If the application contains electronic contact details of the Applicant, the Administrator shall send the Applicant an acknowledgement of receipt of the application without undue delay.
(8) The Administrator shall consider the application and make a decision on the content to which the application relates within 14 days in a non-arbitrary, objective manner and with due diligence.
(9) The Administrator shall notify the Submitter of the decision without undue delay.
(10) The Administrator’s decision may be to remove the content or leave the content on the Service.
(11) The applicant may appeal against the decision of the Administrator within 14 days of receiving the reasons for its removal. The appeal should include a comprehensive justification.
12 The administrator shall consider appeals within 14 days.
13 For the purpose of consideration and decision-making, the Administrator does not use automated means.
14 There is no algorithmic decision-making within the Service, including decisions related to appeals.
(15) In the event that the hosting provider acquires any information giving rise to a suspicion that a crime threatening the life or safety of a person or persons has been, is being or may be committed, it shall immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available information on the subject.
(16) The Administrator shall provide to the Digital Services Coordinator responsible for the place of residence of the Commission, upon their request and without undue delay, information on the average number of monthly active service recipients in the Union, calculated as the average number over the previous six months, updated at the time of such request. The Digital Services Coordinator or the Commission may request that the Administrator provide additional information on the calculation, including explanations and justifications for the data used. This information may not include personal data.
(17) The customer is entitled to terminate the use of the Administrator’s services at any time. For this purpose, he/she may use the available forms of termination of services such as automatically clicking on certain buttons for deleting the account or unsubscribing from a given service, by deleting the Content posted by him/her, as well as may contact the Seller at the data provided in these terms and conditions. This provision is without prejudice to the Administrator’s obligations and rights under other generally applicable laws and further storage of data, including personal data, in particular for the purposes indicated in the Privacy Policy, and resulting from the RODO or other laws.
(18) The Administrator shall, by appropriate means, promptly inform the Client of material changes made to the terms and conditions of use of the Administrator’s services, including, but not limited to, changes to the rules regarding information permitted on its services or other such changes that may directly affect the ability of Recipients to use the service, including those referred to below.
AMENDMENT TO THE BYLAWS
(1) The Seller reserves the right to amend the Regulations for important reasons, in particular:
1) in cases justified by technical reasons relating to the provision of services and changes aimed at adapting the provisions of the Rules and Regulations to the applicable laws,
2) change of the subject of the Seller’s activity,
3) commencement of provision by the Seller of new services, modification of services previously provided or discontinuation of their provision,
4) change of methods of payment and delivery.
2. The Seller will make the new content of the Rules and Regulations available on the Store’s website at least 7 days before the changes become effective. The amended version of the Terms and Conditions will be sent to Users and Subscribers by e-mail.
3. The Terms and Conditions in effect on the date of conclusion of the agreement shall apply to agreements concluded before the amendments to the Terms and Conditions.
4. A User or Subscriber who does not agree to the amendments to the Terms and Conditions may terminate the Agreement for the provision of Account Services or the Agreement for the provision of the Newsletter with immediate effect until the effective date of the amendments to the Terms and Conditions. Failure to terminate shall be deemed acceptance of the amendment to the Terms and Conditions.
5. Termination of the Agreement for the provision of Account Services or the Agreement for the provision of the Newsletter shall be effected by submitting to the Service Provider a statement of termination of this Agreement by the User or the Subscriber. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in the Terms and Conditions.
6. Immediately upon receipt of the statement referred to in section 5 above, the Service Provider shall delete the Account or suspend delivery of the Newsletter.
OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND INVESTIGATING CLAIMS
(1) The consumer has the opportunity to use out-of-court means of handling complaints and claims.
(2) Detailed information on the possibility for the Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) Consumer Ombudsmen, social organizations whose statutory tasks include protection of Consumers, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php.
(3) The consumer shall have the following examples of out-of-court means of dealing with complaints and claims:
1) the Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller,
2) the Consumer is entitled to apply to a provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller,
3) A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the district (city) Consumer Ombudsman or a social organization whose statutory tasks include the protection of consumers,
4) Consumers can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between Consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.
FINAL PROVISIONS
1 To the extent not regulated in the Terms and Conditions, the provisions of Polish law shall apply, in particular the provisions of the Act of April 23, 1964 – Civil Code, the Act of February 4, 1994 on Copyright and Related Rights, the Act of July 18, 2002 on the provision of electronic services and the Act of May 30, 2014 on Consumer Rights.
2. Contracts concluded through the Store and services provided are performed in the Polish language and based on the provisions of Polish law.
3. In the event of a dispute arising on the basis of a concluded Contract, the Parties will seek to resolve the matter amicably. If it is not possible to resolve a dispute amicably regarding Contracts concluded between the Seller and the Customer, who is an Entrepreneur, the competent court to resolve the dispute will be the court with jurisdiction over the registered office of the Seller.
4. An integral part of the Terms and Conditions is Appendix No. 1 – Statement of withdrawal from the Sales Agreement.
5. These Terms and Conditions are effective as of the date of publication on the website of the Store.
6. The current version of the Terms and Conditions is effective as of 11.13.2025.