TERMS AND CONDITIONS OF THE ONLINE STORE

www.extensioncords.eu

1. GENERAL PROVISIONS

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

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

1.3 The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data is processed for the purposes, to the extent and based on the principles set out in the privacy policy referred to in section 1.4. Providing personal data is voluntary. Every person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

1.4 Privacy and cookie policy.

Basic objectives of the Privacy Policy

The Privacy Policy applies to the processing and protection of Users’ personal data in connection with the use of the website https://przedluzacz.com.pl, hereinafter referred to as the “Website,” including its subpages, administered by Hilark Spółka z ograniczoną odpowiedzialnością with its registered office in Masłomiąca (32-091) at ul. Modrzewiowa 10, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000503869, with share capital of PLN 65,000, tax identification number NIP: 5130237246, Regon number: 123072955, hereinafter referred to as “Hilark”

The privacy policy contains the rules applicable on the Website for the collection and use of data about Users, including during organized competitions and when Users place orders for goods and services offered by Hilark.

Our primary goal is to ensure that Website Users enjoy a level of privacy protection that is at least equivalent to the standards set out in applicable laws, in particular the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – GDPR (Official Journal of the European Union L 119, p. 1) and the Act of July 16, 2004, Telecommunications Law.

Please be advised that the Website may contain links enabling its Users to directly access other websites. Hilark has no influence on the privacy policies and use of cookies by their administrators. We recommend that before using the resources offered by other websites, each User should read the document concerning the privacy policy and the use of cookies, if they have been made available, and if they are not available, contact the editorial office of the website in question to obtain information on this subject.

Personal data administrator

The administrator of the personal data of Website users is Hilark Sp. z o.o., with its registered office in Masłomiąca (32-091), ul. Modrzewiowa 10, Poland.

In matters related to the protection of personal data, Website users may contact our Data Protection Officer by writing to: office@hilark.eu

Rules for collecting personal data and information

1. When Users browse the content of the Website, information about their use of the Website and their IP addresses is automatically collected based on the analysis of access logs, e.g., browser type, operating system type, date and time of visit, number of connections, number of subpages of the Website opened, content viewed.
2. When opening the “Salons” subpage of the Website, the User is asked whether they agree to share their location. Consent is given by selecting the “Share location” field. If the User does not consent to sharing their location, they should close the query window. The User may also consent to sharing their location through the appropriate settings of the web browser they use to view the content of the Website. The User may at any time revoke the permission to provide their location through the browser by setting it so that the User is asked each time for permission to read their location. We recommend that you read the “Help” section of your web browser. Browsing the content of the Website does not require the User to provide their personal data.
3. The use of certain features of the Website may be preceded by a registration process, which may require the User to provide their personal data. In such a case, failure to provide personal data may limit the User’s use of certain features of the Website.
4. The Website includes a contact form and an order form for goods and services offered by Hilark. Completing the forms requires the User to provide certain personal data.
5. The User will be required to provide personal data in order to register their participation in a competition organized on the Website.
   

Scope of data and information collected and how it is used

1. The Website User may be asked to provide the following personal data: name and surname, address, telephone number, email address, and password. Personal data required by the User to use specific functionalities of the Website are always marked and distinguished from data provided at the User’s discretion.
2. Personal data collected during the registration process is used to enable the User to log in to the Website or its subpages in order to use the functionalities that require registration, and to fulfill Hilark’s obligations to the User.
3. If the User has entered a competition organized on the Website, the personal data collected in this way is used for purposes related to the competition in which the User participated. If the User wins a prize, their contact details may be transferred to a courier service provider for prize delivery, provided the User consents. Detailed terms and conditions of the competition are specified in the Competition Rules. If a Website User places an order for a service provided electronically, which involves the free delivery of newsletters, or otherwise consents to receiving them, the obtained email address is added to the email list and used to send the User a newsletter. Detailed rules for the free delivery of newsletters are specified in the Newsletter Service Terms and Conditions.
4. If you register and place an order in the online store operated by Hilark, the personal data collected in this manner is used to create a Customer Account, manage and fulfill orders.
5. The collected data is also used to create a User profile and allow us to tailor the content of the Website and newsletters to your needs. The processing of the indicated data is always carried out in accordance with the Act of 18 July 2002 on the provision of services by electronic means and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).
6. Information collected automatically is used to manage the Website, identify possible security threats, analyze User traffic within the Website, and for statistical purposes, including using Google Analytics, e.g., information about the region from which the connection originated, IP number, date and time of the connection, source and number of connections, number of subpages of the Website accessed, or to personalize the content of subpages of the Website. This information is not combined in any way with the User’s personal data and is not used to identify the User. The scope of information collected automatically depends on the User’s web browser settings. Users should check their browser settings to learn what information is automatically shared by the browser or to change these settings. We recommend consulting your browser’s “Help” section. Click here to learn how to block Google Analytics.
7. Location information is used to tailor the content of the Website to the User’s needs. For example, when searching for location data for our showrooms, those located in the User’s immediate vicinity will be prioritized.
8. Please be advised that, under applicable law, we may be required by authorized state authorities to disclose data, including the IP address of the Website User.

Personal Data Processing Principles

1. Providing personal data by Website Users is voluntary. Personal data of Website Users will be processed for purposes related to registration in the Store and, if consent is granted, for the marketing of our products and services and participation in the Newsletter service. In the case of purchase of goods, personal data will be processed for the proper performance of the purchase and sale agreement for our products, as well as for their shipment. Failure to provide the personal data required to conclude the Purchase and Sale Agreement will result in refusal to conclude the Agreement.
2. The legal basis for the processing of personal data for the marketing of products and services and participation in the Newsletter service is the consent granted. However, in the case of user registration on the Website or purchase of goods, data processing is necessary for the performance of the agreement.
3. Personal data will be stored until the user withdraws consent or for a maximum of 5 years from the date of order fulfillment.
4. We will transfer personal data to companies that provide us with IT and legal support, carry out marketing activities for us, and deliver goods.

User Rights

1. You have the right to request access to your data and obtain a copy thereof, to rectify (amend), transfer, and delete it, as well as the right to limit data processing.
2. In connection with our processing of your personal data, you also have the right to file a complaint with the President of the Personal Data Protection Office.
3. Based on your personal data, we may profile you, i.e., based on your activity on the website and the products you browse, we may present you with other products tailored to your interests, as well as to better meet your needs.
4. You have the right to object to this at any time, in accordance with the provisions of this Policy.
5. You have the right to withdraw your consent to the processing of your personal data at any time, which is processed based on your consent. Withdrawal of consent will not affect the lawfulness of processing based on your consent before its withdrawal. The User may at any time change the e-mail address to which the newsletter is sent or unsubscribe from the service of free delivery of newsletters by clicking on the Newsletter link located in the footer of each newsletter, entering his/her e-mail address in the appropriate field, and then selecting the “Unsubscribe” button.

Cookies

1. The Website uses cookies, which are small text and numeric files stored by the IT system on the User’s IT system (on the User’s computer, telephone, or other device used to connect to the Website) while browsing the Website. They allow for subsequent identification of the User upon reconnecting to the Website from the device (e.g., computer, telephone) on which they were stored.
2. Cookies collect data regarding the User’s use of the Website, and their main purpose is to facilitate the User’s use of the Website, customize the Website to the needs and expectations of the User (personalize the Website’s subpages), and analyze User traffic within the Website.
3. The Website uses, among other things, Google AdWords cookies. Google AdWords uses text file technology placed on your device to evaluate the accuracy and effectiveness of advertising activities using the AdWords network, including services such as:

• remarketing,
• interest categories,
• similar audiences,
• other types of interest-based advertising,
• demographic and location targeting

1. We use personalized retargeting services to deliver the most relevant ads related to the content you view on our services. These ads are displayed based on your activity on the site. You can, of course, unsubscribe from these services by following the instructions on the website: https://rtbhouse.com/privacy-center (simply click OPT OUT) or by setting the appropriate options in your web browser.
2. We use the following types of cookies:

• Session cookies, which collect information about User activities and exist only for the duration of a given session, which begins when the Website is opened and ends when it is closed.
• Persistent cookies, which are stored on the User’s IT device (on the computer, telephone, or other device from which the User connected to the Website) and remain there for an extended period of time after closing the web browser.
• First-party cookies placed by the Hilark Website and cookies placed by third parties approved by Hilark, including Google Analytics cookies, used to analyze the activities of Website Users for statistical purposes.

Cookies placed on the website are indicated in the table located at: Cookies table

Cookie table Cookies are not used to determine the identity of the User.

1. Cookies are used on the Website with the User’s consent.
2. Consent can be expressed by the User through appropriate software settings, particularly the web browser, installed on the telecommunications device used by the User to view the Website.
3. The User may at any time withdraw or change the scope of previously expressed consent to the use of cookies on the Website and delete them from their browser.
4. The User may also at any time limit or disable cookies in their browser settings to block cookies or warn the User before saving a cookie on the device used to view the Website. However, in such a case, the use of the Website may be less efficient, the User may not have access to certain content, be unable to use certain functionalities of the Website, and in extreme cases, the correct display of the Website pages may be completely blocked.
5. A detailed list of the types of cookies we use on our Website can be found at the following address:
6. Below is information on how to disable and enable cookies in the most commonly used web browsers:
   

Personal Data Protection

The Website is secured with security measures designed to protect personal data processed by Hilark against modification, destruction, unauthorized access and disclosure, acquisition, and loss, as well as processing in violation of the regulations governing the processing of personal data.
Only a limited number of Hilark employees, authorized by Hilark as the data controller, have access to the processing of Users’ personal data.

Contact

Please send all questions regarding the processing and protection of System Users’ personal data and the use of cookies, including those regarding this “Privacy and Cookies Policy,” to: Hilark Sp. z o.o., ul. Modrzewiowa 10, 32-091 Masłomiąca, office@hilark.eu

To: Hilark Sp. z o.o., ul. Modrzewiowa 10, 32-091 Masłomiąca, office@hilark.eu. You can also contact us to obtain information about whether and to what extent Hilark processes User data, the purposes and methods of processing Users’ personal data, as well as to access, correct, or delete your personal data.

Profiling

By using solutions and technologies such as cookies and processing your data and online behavior by Hilark Sp z o.o. and its partners, we can ensure that the content displayed to you better meets your needs. By consenting to the processing of your data for profiling, market analysis, and statistical purposes, you will find it easier to find what you are looking for and need.

This content may significantly influence your purchasing decisions – therefore, this offer is intended for individuals aged 18 and over.

What data do we process?

Hilark uses technology that stores and accesses information on your computer or other device connected to the internet (in particular, using cookies) regarding your online activity in order to present you with tailored advertisements, evaluate certain information about you, including as part of automated personal data processing, such as profiling (we analyze your activity so we can better adapt to specific, general groups of our customers, but without significantly influencing their decisions – unless you provide separate consent), market and statistical analyses, and improve the quality of the information presented to you. This technology is also used by our partners, who may also install such files on your device when you use our services. In order for us and our partners to use this technology for purposes related to the provision of services electronically, please express your consent, for example, by visiting our website and enabling us to do so within your browser settings.

When can you withdraw your consent to the use of cookies?

You may withdraw your consent at any time – however, this will not affect the lawfulness of any processing we carried out prior to your withdrawal.

What if you opt out of cookies?

Opting out of cookies that allow for the display of advertisements tailored to your interests does not mean that you will not receive any advertisements when using our or other websites – in such a case, you will still receive the same number of advertisements, but they will not be tailored to your current needs and preferences.

How will the website work without consent?

In the absence of your consent, cookies may still be stored on your device that are strictly necessary to ensure the proper functioning of our website (e.g., remembering your login and preferred settings). You can modify these settings in your web browser, but some parts of our website will not function properly.

Are cookies personal data and who can administer them?

To the extent that information obtained through the above technology may be considered your personal data, its controller is generally Hilark Sp. z o.o., with its registered office at ul. Modrzewiowa 10, 32-091 Masłomiąca, unless you also expressly consent to its processing by our partners, in which case they may also become the controller of your personal data.

There are several grounds for processing personal data obtained in this way. On the one hand, the basis for processing is your consent to the use of technology primarily using cookies and our legitimate interest in ensuring the highest quality content presented on https://przedluzacz.com.pl and marketing activities (as well as the legitimate interest of our third-party partners, which is their marketing, in which case they do not have access to your data).

On the other hand, to the extent that our partners may also have direct access to this information, the legal basis for such processing is your voluntary consent.

What do you gain from data processing?

Additionally, if you are at least 18 years old, analyzing your interactions with our services may also be used to create and present you with targeted advertisements and offers (discounts) tailored to your preferences as closely as possible, which may significantly influence your consumer decisions. In such a case, however, we ask for your consent to such activities. These activities differ from regular “profiling” (e.g., tailoring our communications to your interests) in that their results may significantly influence your choices as a consumer. For example, they may result in a very favorable, limited-time offer on footwear targeted exclusively to you based on your purchase history and interactions on our website, which other customers will not have access to.

The more often you use our services and shop in our store, the better promotions and surprises we will be able to prepare for you. In such cases, the basis for such activities is your voluntary consent. Remember, failure to do so may limit the quantity and quality of promotions and special offers available to you.

When can you withdraw your consent to data processing?

You can withdraw your consent at any time – however, this will not affect the lawfulness of the processing we carried out before its withdrawal. We will also process your data for purposes related to potential disputes between you and the controller (in such a case, the legal basis for processing is the controller’s legitimate interest).

To whom and under what circumstances can we transfer your data?

We may transfer your data to entities that help us run our website and application, for example, support us in marketing campaigns, service our software, provide, ensure the support and operation of our IT tools and systems, and provide ongoing legal services, conduct audits, etc., including companies within our capital group.

We may, from time to time, transfer your data to our processing partners outside the European Economic Area (EEA), primarily the USA, but only to the extent necessary for the provision of services by these partners to us, especially IT services. The security of your data is ensured by standard contractual clauses approved by the European Commission. You can obtain a copy of the safeguards we use regarding data transfer to countries outside the EEA by contacting us.

How long can we process data?

We will process the data we collect, depending on technical issues, until you object to its processing, delete these files using your browser/device settings (however, deleting files does not always mean deleting the personal data obtained through these files), or withdraw your voluntary consent, unless legal regulations require us to process this data longer, or we retain it longer in the event of potential claims, for the limitation period specified by law, in particular the Civil Code.

The website does not automatically collect any information, except for the information contained in cookies.

Cookies are computer data, specifically text files, that are stored on the Website User’s end device and are intended for use with the Website’s pages. Cookies typically contain the name of the website from which they originate, the storage time on the end device, and a unique number. The entity that places cookies on the Website User’s end device and obtains access to them is the Website operator – Hilark Sp. z o.o., with its registered office in Masłomiąca (32-091), at 10 Modrzewiowa Street.

Cookies are used for the following purposes:

1. Adapting the content of the Website’s web pages to the User’s preferences and optimizing the use of websites; in particular, these files allow for the recognition of the Website User’s device and the proper display of the website, tailored to their individual needs;
2. Creating statistics that help understand how Website Users use websites, which allows for the improvement of their structure and content;
3. Displaying special advertisements via Google AdWords to those who have visited the Website;
4. Automating marketing processes, such as website traffic analysis.

The Website uses two basic types of cookies: “session cookies” and “persistent cookies.” “Session cookies” are temporary files that are stored on the User’s end device until logging out, leaving the website, or disabling the software (web browser). “Persistent” cookies are stored on the User’s end device for the time specified in the cookie parameters or until deleted by the User.

The Website uses the following types of cookies:

1. “essential” cookies, enabling the use of services available on the Website, e.g., authentication cookies used for services requiring authentication on the Website;
2. “security” cookies, e.g., used to detect authentication abuse on the Website;
3. “performance” cookies, enabling the collection of information about how the Website’s web pages are used;
4. “functional” cookies, enabling the “remembering” of settings selected by the User and personalizing the User interface, e.g., in terms of the selected language or region of the User’s origin, font size, website appearance, etc.;
5. “advertising” cookies, enabling the delivery of advertising content to Users that is more tailored to their interests.

In many cases, web browsing software (web browser) allows cookies to be stored on the User’s end device by default. Website users can change their cookie settings at any time. These settings can be changed, in particular, to block the automatic handling of cookies in the web browser settings or to notify the User each time they are placed on the User’s device. Detailed information about the possibilities and methods of handling cookies is available in the software (web browser) settings.

The Website Operator informs that restricting the use of cookies may affect some of the functionalities available on the Website’s websites.

Cookies stored on the User’s end device may also be used by advertisers and partners cooperating with the Website Operator.

More information about cookies is available at wszystkoociasteczkach.pl or in the “Help” section of the web browser menu.

1.5. Definitions:

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

2.ELECTRONIC SERVICES IN THE ONLINE STORE

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

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

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

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

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

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

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

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

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

TERMS OF CONCLUSION OF A SALES AGREEMENT

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

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

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

3.4. Concluding a Sales Agreement using the Order Form

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

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

4. PAYMENT METHODS

4.1. The Seller provides the following payment methods:

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

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

5. DELIVERY COST, TIME, AND METHODS

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

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

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

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

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

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

TERMS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

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

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

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

COMPLAINTS PROCEDURE

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

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

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

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

RIGHT OF WITHDRAWAL

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

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

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

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

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

9. PROVISIONS REGARDING ENTREPRENEURS

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

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

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

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

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

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

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

10. FINAL PROVISIONS

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

10.2. Amendments to the Terms and Conditions:

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

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

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

10.5 Information on online dispute resolution for consumers:

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