General Provisions

  1. The shop hgmhome.com operates according to the principles set out in these regulations.

  2. The regulations define the conditions for concluding and terminating purchase contracts for a product and the complaint procedure, as well as the type and scope of the claims by the shop hgmhome.com services provided electronically, the rules for the provision of these services, the conditions for concluding and terminating contracts for electronic services.

  3. Every user is obliged when using electronic services from Shop hgmhome.com to comply with the provisions of these regulations.

  4. In matters not regulated by these regulations, the corresponding regulations apply:
    1. Law on the provision of electronic services of July 18, 2002. (Journal of Laws No. 144, item 1204 with amendments)

    2. Law on Consumer Rights of May 30, 2014. (Journal of Laws 2014 item 827),

    3. The law on the out-of-court settlement of consumer disputes of September 23, 2016. (Journal of Laws 2016 item 1823),

    4. Law on the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and other applicable provisions of Polish law.

§ 2

THE DEFINITIONS CONTAINED IN THE REGULATIONS

  1. CONTACT FORM – a form on the website hgmhome.com is available and with which you can send a message to the service provider.

  2. REGISTRATION FORM – on the website hgmhome.com available form that allows the creation of an account.

  3. Order form – the form on the website hgmhome.com, which you can use to place an order.

  4. CUSTOMER – a service recipient who wants to conclude or has concluded a sales contract with the seller.

  5. CONSUMER – a natural person who carries out a legal transaction with an entrepreneur that is not directly related to his commercial or professional activity.

  6. ACCOUNT – a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about placed orders.

  7. NEWSLETTER – Electronic service that allows the Customer to subscribe and receive free information from the Service Provider relating to the Shop and the products available, to the email address provided by the Customer.

  8. PRODUCT – movable item available in the store or a service that is the subject of a sales contract between the customer and the seller.

  9. RULES – the present rules of the shop

  10. SHOP – the online shop of the service provider, which is located at hgmhome.com is operated.

  11. OPINION SYSTEM – Electronic service made available to customers by the service provider that allows them to post opinions about products.

  12. SALES CONTRACT – the purchase contract for the Product concluded between the Customer and the Seller through the Shop.

  13. ELECTRONIC SERVICE – a service provided to the Customer electronically by the Service Provider through the Shop.

  14. CONSUMER – a natural person, a legal entity or an unincorporated organizational unit granted legal capacity by law that uses the Electronic Service.

  15. Order – the customer’s declaration of intent, which represents an offer to conclude a product purchase agreement with the seller.

§ 3

INFORMATION ABOUT PRODUCTS AND HOW TO ORDER THEM

1. The shop hgmhome.com operates the retail and wholesale trade of products via the Internet.

2. The products offered in the store are new, free of physical and legal defects and have been legally introduced onto the Polish market.

3. The information contained on the Shop's website does not constitute an offer within the meaning of the law. By placing an order, the customer makes an offer to purchase a specific product under the conditions specified in its description.

4. The product price indicated on the shop website is in EUR currency and includes all components, including VAT. The price includes shipping costs.

5. The product price indicated on the shop's website is binding at the time the customer places the order. This price does not change regardless of price changes in the shop that may occur in relation to individual products after the customer has ordered them.

6. Orders can be placed:

6.1 via the website using the order form (Shop hgmhome.com) – 24 hours a day, all year round,

6.2 by email to the address: info@hgmhome.com

7. In order to place an order, it is not necessary for the customer to set up an account in the shop.

8. The condition for placing an order by the customer is to read the rules and accept their provisions when placing the order.

9. Shop fulfills orders from Monday to Friday during the shop's business hours, i.e. from 8 a.m. to 5 p.m. on working days. Orders placed on weekdays after 5 p.m. Posted on Saturdays, Sundays and public holidays will be processed the next business day.

10. Products on special offer (sale) have a limited quantity and orders are processed in the order in which they are received until stocks of the product are exhausted.

§ 4

CONCLUSION OF THE PURCHASE CONTRACT

1. In order to conclude a purchase contract, it is necessary that the customer previously places an order through the seller, in accordance with § 3 points 6 and 8 of the Regulations.

2. The seller confirms receipt of the order immediately after it has been sent.

3. The confirmation of receipt of the order referred to in point 2 of this paragraph is binding for the customer. Receipt of the order will be confirmed by sending an email.

4. Confirmation of receipt of the order includes:

4.1. confirmation of all essential components of the order,

4.2. a form for withdrawing from the contract,

4.3. these provisions including instructions on the right to withdraw from the contract.

5. The moment the Customer receives the email referred to in point 4 of this paragraph, the purchase contract between the Customer and the Seller is concluded.

6. Each purchase contract is confirmed by a proof of purchase (tax receipt) attached to the product and/or sent by email to the customer's email address specified in the order form.

§ 5

PAYMENT METHOD

1. The seller offers the following payment methods:

1.1. Payment by traditional bank transfer to the seller's bank account,

1.2. Payment via electronic payment system (Przelewy24.pl, PayPal, PayU.pl, TPay.pl),

1.3. Payment upon delivery to the supplier, courier i.e. cash on delivery,

2. When paying via an electronic payment system, the customer makes the payment before the start of the order. The electronic payment system allows you to pay by credit card or fast bank transfer from selected Polish banks.

3. If you pay cash on delivery, the shipment will be sent after checking that the address details are correct. The customer is obliged to pay for the order and collect the product from the supplier.

4. The customer is obliged to pay the price of the sales contract within 5 working days from the date of conclusion of the contract, unless the sales contract provides otherwise.

5. In the case of the choice of payments described in sections 1.1 and 1.2 of this paragraph, the product will only be shipped after its payment.

§ 6

COST, TIME AND METHOD OF DELIVERY OF THE PRODUCT

  1. The costs for the delivery of the product, which the customer must bear, are determined during the ordering process and depend on the choice of payment method and the type of delivery of the purchased product.

  2. The product delivery time consists of the time of completion of the product and the time of handover of the product by the carrier:

2.1 Ürünlerin tamamlanma süresi, aşağıdaki tarihten itibaren 20 iş günüdür:

a) the credit of the amount of money paid under the purchase agreement is credited to the seller's account or

b) positive authorization of the transaction through an electronic payment system or

c) Acceptance of the order for execution by the seller in the case of payment upon delivery, cash on delivery.

2.2 The delivery of the products, which are movable items, by the carrier will be carried out within the period specified by the carrier, i.e. up to 10 working days from the moment the package is sent (delivery takes place exclusively on working days, excluding Saturdays, Sundays and public holidays). The products purchased in the shop are delivered by the shipping company or courier company.

3. Picking up goods purchased in the online shop is not possible for logistical reasons.

4. The products are delivered by furniture delivery company to the curb/property line.

§ 7

PRODUCT COMPLAINT

1. Complaints under warranty.

1.1 All products offered in the shop have a guarantee.

1.2 The warranty period for the Products is 24 months and is calculated from the date of delivery of the Product to the Customer.

1.3 The document that entitles you to warranty protection is a warranty card or proof of purchase.

1.4 The guarantee does not exclude the rights of the consumer and the subjects referred to in § 10 of the Regulations arising from the guarantee for physical and legal defects of the product, as defined in the Civil Code.

2. Complaints under warranty.

2.1 The basis and extent of the Seller's liability towards the Customer, who is a consumer or a person specified in § 10 of the Conditions, within the scope of the warranty for material and legal defects are set out in the Civil Code Act of April 23, 1964 . (Journal of Laws No. 16, point 93 as amended).

2.2 The notification of defects in the product and the submission of a corresponding request can be made by email to the address: info@hgmhome.com

2.3 In the above written or electronic message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the nature and date of the occurrence of irregularities and contact details. The information provided will significantly facilitate and speed up the seller's review of the complaint.

2.4 The seller is obliged to respond to the customer's request immediately, but at the latest within 14 days from the date of the complaint.

2.5 In the case of a complaint submitted by a Customer who is a consumer or a person specified in § 10 of the Terms and Conditions, failure to act on the complaint within 14 days of its submission shall be tantamount to its acceptance. In connection with a legitimate complaint from a customer who is a consumer or a person specified in § 10 of the Conditions, the Seller will cover the costs of collection, delivery and replacement of the Product with a product free of defects.

2.6 The response to the complaint will be given in paper form or on another durable medium, e.g. by email or SMS.

§ 8

RIGHT OF WITHDRAWAL

  1. Subject to paragraph 10 of this section The customer, who is also a consumer or a person referred to in Section 10 of the Regulations who has concluded a distance contract, may revoke it without giving reasons by means of a statement within 14 days. To meet the deadline, it is sufficient to send the cancellation notice provided to the shop in a timely manner.

  2. In the event of withdrawal from the contract, the purchase contract is deemed not to have been concluded and the customer or the person referred to in § 10 of the Terms and Conditions is obliged to return the product to the seller immediately, but no later than 14 days from the date of withdrawal from the contract or to a person authorized by the seller to receive the product. To meet the deadline, it is sufficient to send the product on time.

  3. The consumer or the body referred to in § 10 of the General Terms and Conditions is responsible for any reduction in the value of the product resulting from use that goes beyond what is necessary to establish the nature, characteristics and functioning of the product. In order to satisfy themselves about the type, properties and functionality of the products, the consumer or the person named in Section 10 of the Terms and Conditions may only handle and examine the products as they would in a brick-and-mortar store.

  4. Subject to points 6 and 8 of this paragraph, the Seller will reimburse the value of the Product together with the delivery costs in the same manner as the Consumer, unless the Consumer or the entity referred to in § 10 of these Regulations has expressly requested another method of reimbursement agreed, which does not incur any costs for you. Subject to point 7 of this paragraph, the return must be made immediately, but at the latest within 14 days of receipt of a notification of withdrawal from the purchase contract by the seller.

  5. If the Consumer or the person referred to in § 10 of the Terms and Conditions has chosen a method of delivery of the Product other than the cheapest usual delivery method offered by the Shop, the Seller is not obliged to reimburse them for the additional costs incurred.

  6. If the seller has not offered to accept the product from the consumer or the body named in § 10 of the General Terms and Conditions, he may withhold the repayment of the payments received from the consumer until the item is returned or provide the consumer or the body named in § 10 of the General Terms and Conditions with proof of the return, whichever event occurs first.

  7. The consumer or the person referred to in paragraph 10 of the Terms and Conditions who withdraws from the purchase contract in accordance with point 1 of this paragraph will only bear the costs of returning the product to the seller. The customer bears the direct costs of the return
    goods that can be sent by parcel as well as the direct costs of returning them
    goods that cannot be sent as parcels. The costs for items that cannot be sent by parcel
    Goods are valued at a maximum of approximately EUR 329.00.

  8. The period of fourteen days within which the consumer or the body referred to in § 10 of the Terms and Conditions can withdraw from the contract is counted from the day on which the consumer or the body referred to in § 10 of the Terms and Conditions takes possession of the product, and for services from the day the contract is concluded.

  9. Neither the consumer nor the person referred to in § 10 of the Regulations has the right to withdraw from the contract concluded remotely if it concerns a sales contract:

10.1 Teslimatın konusu, prefabrik olmayan ve tüketicinin isteğine göre üretilmemiş veya tüketicinin bireysel ihtiyaçlarına yönelik olmayan bir ürün ise,

10.2 where the subject of the service is an item delivered in sealed packaging which, for health protection or hygienic reasons, cannot be taken back after the packaging has been opened if the packaging was opened after delivery,

10.3 where the subject of the service is items that are inseparably linked to other items after delivery due to their nature,

10.4 in which the subject of the supply is a service, if the seller provides the service with the express consent of the consumer, who was informed before the provision of the services that after the performance of the service by the seller he will lose the right to withdraw from the contract is, has completely fulfilled,

10.5 Which is a perishable item or an item with a short shelf life.

  1. The seller and the customer have the right to withdraw from the purchase contract if the other party does not fulfill its obligations within a strictly specified period.

§ 9

PROVISIONS FOR ENTREPRENEURSHIPS (B2B)

  1. 1. This paragraph contains regulations that only concern entrepreneurs who do not fall under the protection of the Consumer Rights Act, to which reference is made in Section 10 of the General Terms and Conditions.

  2. The seller has the right to withdraw from the purchase contract concluded with a customer who is not a consumer within 14 working days from the day of its conclusion. In this case, withdrawal from the purchase contract can take place without giving reasons and does not give rise to any claims against the seller for the customer who is not a consumer.

  3. The Seller has the right to limit the payment methods available to non-consumers, including requiring partial or full prepayment of the sales price, regardless of the chosen payment method and the fact of entering into a sales contract.

  4. The benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer, who is not a consumer, at the time the Product is handed over by the Seller to the carrier. In this case, the Seller is not responsible for any loss, damage or deterioration of the Product occurring from the moment the Product is accepted for transportation until its release to the Customer, as well as for the delay in shipment.

  5. In the event that the Product is shipped to the Customer by a carrier, the Customer, who is not a consumer, is obliged to inspect the shipment at the time and in the manner intended for shipments of this type. If he discovers that a defect or damage to the product has occurred during transport, he is obliged to take all necessary steps to determine the liability of the carrier.

  6. The Service Provider may terminate the Agreement for the Provision of Electronic Services with immediate effect and without giving any reason by sending a termination notice to the Customer who is not a consumer.

§ 10

PROVISIONS FOR ENTREPRENEURSHIPS ON CONSUMER RIGHTS

1. The entrepreneur who operates a sole proprietorship (this paragraph does not apply to commercial companies) falls under the protection of the Law on Consumer Rights, provided that the sales contract concluded with the seller is not of a professional nature.

2. A person carrying out business activities within the meaning of paragraph 1 of this section is protected only in relation to:

2.1. prohibited contractual provisions – the so-called unfair clauses,

2.2. liability within the scope of the warranty for material and legal defects of the product in accordance with Section 7 of the conditions,

2.3. Right of withdrawal from a distance contract, in accordance with Section 8 of the General Terms and Conditions.

3. The entrepreneur, within the meaning of paragraph 1 of this paragraph, loses his consumer protection rights if the purchase contract that he has concluded with the seller has a commercial nature, which is due to the entry of this entrepreneur in the Central Trade Register and in the information about the commercial activity of the Republic of Poland, in particular in the Polish Classification of Commercial Activities stated there.

4. The entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection granted to consumers by the district consumer ombudsmen and the President of the Office for Competition and Consumer Protection OCCP (“UOKiK”).

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The service provider enables the use of electronic services such as: E.g.:

1.1. Conclusion of purchase contracts for the product,

1.2 Account in the shop,

1.3 Rating system,

1.4 Newsletter,

1.5. Sending a message using the contact form.

2. Provision of electronic services to customers in the shop takes place under the conditions of the provisions.

3. The third-party service provider has the right to publish advertising content on the website. This content is an integral part of the shop and the materials presented therein.

§ 12

CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS

FOR ELECTRONIC SERVICES

  1. The provision of the electronic services specified in § 11.1 of the Regulations by the service provider is free of charge.

  2. Period for which the contract is concluded:

  3. The contract for the provision of electronic services, which consists in enabling the placement of an order in the Shop, is concluded for a certain period of time and ends at the time of placing the order or interrupting its submission by the Customer.

  4. The contract for the provision of electronic services, which consists in maintaining an account in the shop, is concluded for an indefinite period of time. The contract is concluded when the customer sends the completed registration form.

  5. The contract for the provision of electronic services, which consists in the use of the rating system, is concluded for an indefinite period and ends with the submission of an opinion or the termination of the use of this service by the customer.

  6. The contract for the provision of an electronic service, which consists of the use of the newsletter, is concluded for an indefinite period of time.

  7. The contract for the provision of electronic services, which consists in the customer being able to send a message to the service provider via the contact form, is concluded for an indefinite period of time and ends when the customer sends a message or cancels it.

8. Technical requirements that are necessary for cooperation with the teleinformation system used by the service provider:

8.1. Computer (or mobile device) with Internet access,

8.2. access to electronic mail,

8.3. Web browser,

8.4. Enabling cookies and JavaScript in the web browser.

9. The Customer is obliged to use the Shop in a manner consistent with the law and common decency, with respect for the personal property and intellectual property rights of third parties.

10. The customer is obliged to enter data that corresponds to the actual circumstances.

11. The recipient is prohibited from providing content of an illegal nature.

§ 13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of electronic services via the Shop can be submitted by the service recipient by email to the address: info@hgmhome.com

2. In the above email, please provide as much information and circumstances related to the subject of the complaint, in particular the nature and date of the irregularity and contact details. The information provided makes it easier and faster for the service provider to examine the complaint.

3. The service provider will consider the complaint immediately, at the latest within 14 days from the date of notification.

4. The Service Provider's response to the complaint will be sent to the Customer's email address specified in the complaint or in another manner specified by the Customer.

§ 14

CONTRACT TERMINATION TERMS

ABOUT THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of a contract for the provision of an electronic service:

1.1 A contract for the provision of an electronic service that is permanent and for an indefinite period of time (e.g. maintaining an account, newsletter) can be terminated.

1.2 The customer may terminate the contract with immediate effect and without giving reasons by sending a corresponding declaration by email to the following address: info@hgmhome.com

1.3 The service provider may terminate the contract for the provision of permanent and uninterrupted electronic services if the customer violates the General Terms and Conditions, in particular if he provides illegal content, after prior ineffective request to cease these violations and setting a reasonable deadline. In this case, the contract expires after 7 days from the submission of the notice of termination (termination period).

1.4 Termination will end the legal relationship with future effect.

  1. The Service Provider and the Customer may terminate the Agreement for the Provision of Electronic Services at any time by mutual agreement of the parties.

§ 15

INTELLECTUAL PROPERTY

1. Any use of elements that contain the content of hgmhome.com by third parties without the express written consent of the service provider constitutes a violation of the copyright to which the service provider is entitled and leads to civil and criminal liability.

2. All brand names, product names, company names and their logos appearing on the store website hgmhome.com used belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images available on the store's website hgmhome

.compresented are used for informational purposes.

§ 16

FINAL PROVISIONS

  1. Contracts concluded through the shop are concluded in accordance with Polish law.

  2. In the event of a conflict of any part of the Rules of Procedure with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Rules of Procedure.

  3. All disputes arising from the sales contracts between the Shop and Consumers will be resolved primarily through negotiations, with the aim of resolving the dispute amicably, taking into account the law on out-of-court settlement of consumer disputes. However, if this is not possible or is unsatisfactory for either party, the disputes will be settled by the competent ordinary court in accordance with paragraph 4 of this section.

  4. Judicial resolution of disputes:

4.1 For all disputes between the service provider and the customer (client), who is also a consumer or a person named in § 10 of the conditions, the competent courts have jurisdiction in accordance with the provisions of the Civil Procedure Code of November 17, 1964. (Journal of Laws No. 43, point 296 as amended).

    1. The court responsible for the service provider's registered office is responsible for all disputes between the service provider and the customer (client), who is not a consumer within the meaning of Section 9 of the Terms and Conditions.

  1. A customer who is a consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or a request for consideration of the case by an arbitration tribunal after the complaint procedure has been completed (application can be made at http://www .uokik.gov.pl/download.php?plik=6223). The list of permanent consumer arbitration courts operating at the provincial trade inspection offices can be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also seek free assistance from a poviat (municipal) consumer advocate or a social organization whose statutory duties include consumer protection. The out-of-court settlement of claims according to the complaint procedure is free of charge.

  2. In order to resolve a dispute amicably, the consumer can, in particular, submit a complaint via the Internet platform ODR (Online Dispute Resolution), which can be found at http://ec.europa.eu/consumers/odr/.