Terms and conditions, and privacy policy of hemma online store

1. Definitions

1.1 Hemma – a firm operating under the business name HEMMA MURAWSKIROMAŃSKA SPÓŁKA JAWNA with its registered office in Warsaw (01-248), ul. JANAKAZIMIERZA 9/3, entered in the register of entrepreneurs of the National Court Register(KRS) kept by the District Court for the capital city of Warsaw, 12 th Commercial Division ofthe National Court Register, under KRS number 0000751640, NIP (Taxpayer’s IdentificationNumber) 5272867069, REGON (Statistical Registry Number) 381512897.

1.2 Customer – an entity using Hemma Online Store.

1.3 Consumer – a Customer who is a natural person and makes purchases in Hemma Online Store within the scope not directly related to their business or professional activity pursuant to Article 221 of the Civil Code of 23 April 1964 (consolidated text: Journal of Laws 2014.121 as amended).

1.4 Terms and Conditions – these Terms and Conditions of Hemma Online Store.

1.5 Hemma Online Store – the Online Store managed by Hemma, available under the domain https://hemma.store.

2. General Provisions

2.1 These Terms and Conditions define the rules for using Hemma Online Store, including making electronic purchases via the Internet, and the terms and conditions under which this takes place.

2.2 By starting to use Hemma Online Store, Customers accept these Terms and Conditions.

2.3 Customers may use Hemma Online Store after registering and creating an account which will lead to collection of data and information about the Customers in accordance with clause 3 of the Terms and Conditions; alternatively, Customers may use Hemma Online Store after providing the necessary personal and address data to process the order without registration, followed by expressing the relevant consents required by Hemma.

2.4 If the Customer is a legal person or an organisational unit without legal personality, all activities related to the use of Hemma Online Store, including purchases, should be carried out by a person authorised to represent the Customer. Hemma may request that the relevant documents be presented proving the person’s authorisation to represent the Customer.

3. Registration

3.1 Customers register in the Hemma Online Store and create individual accounts by filling in the registration form where they must enter their ID, password and e-mail address, as well as provide other necessary data and fill in the required fields. Customers should keep both the ID and the password confidential.

3.2 Registration and use of the account are free of charge.

3.3 Customers may at any time delete their account in Hemma Online Store by sending an e-mail with a request to delete their account to the address provided on the Store’s website.

3.4 In the event of a change in the data provided during registration, Customers are obliged to update the data before making another purchase in Hemma Online Store.

4. Product Information

4.1 All products offered by Hemma Online Store are renovated second-hand furniture and accessories. We deliver our products in a defect-free condition. However, we would like to point out that due to renovation processes and the fact that we sell products “with a soul”, they may differ, sometimes significantly, from new products. Detailed descriptions of individual products can be found on the website.

4.2 Prices are quoted in Polish zlotys and include VAT where required by law.

4.3 Prices do not include delivery costs which depend on the method of delivery, distance, order size and type. Delivery costs are determined after the delivery method is specified by the Customer. In the case of cross-border sales, the Customer shall bear all additional costs and public levies related to the sale, such as, in particular, customs duties, etc.

4.4 The product information on the Hemma Online Store website does not constitute a commercial offer, but merely an invitation to conclude an agreement. Hemma has the right to withdraw products, make changes in product prices, delivery modes and costs as well as payment methods.

5. Sales of Products

5.1 The Customer places an order using the tools available on the website of Hemma Online Store.

5.2 Placing an order by the Customer shall be regarded as equal to making a purchase offer concerning the given product to Hemma in accordance with the terms and conditions specified in the product description on the website of Hemma Online Store.

5.3 The Customer placing an order and Hemma are bound by the price of the product and the delivery costs (unless delivery costs are determined individually), as stated on the website of Hemma Online Store at the time of placing the order. Prices of products not available at the time of placing an order and their delivery costs may change. For some products, delivery costs are determined individually and are stipulated in the confirmation of the order.

5.4 If payment is made by bank transfer, payment card or electronic means, the Customer is obliged to pay the price of the ordered product and delivery costs no later than within 7 days from the date of purchase, and in the case of non-payment within this period, the order will be cancelled.

5.5 After placing an order, a confirmation of receipt by the Firm of the order placed by the Customer will be sent to the Customer’s e-mail address provided at registration or when placing an order without registration. If it is possible to process and finalize the order, an e-mail will be sent to the Customer’s e-mail address confirming that the order has been accepted for processing. Confirmation of order acceptance is Hemma’s declaration of acceptance of the Customer’s offer.5.6 Orders placed on weekdays after 5 p.m., on Saturdays, on Sundays and public holidays will be processed on the next working day.

5.7 The ordered products shall be delivered to the address provided by the Customer by post or courier company, unless the Customer has opted to collect the ordered item in person. If the customer has provided an incorrect or inaccurate delivery address, Hemma shall not be liable for non-delivery or delay in delivery of the ordered products.

5.8 An order is prepared for dispatch or personal collection as soon as the price and other costs of the order are credited to Hemma’s account. If the Customer has selected the personal collection option, the readiness of the product for collection will be communicated via an e-mail sent to the Customer.

5.9 When collecting a product from a courier/postman, the Customer should check the condition of the parcel and its contents in the presence of the courier/postman and, should any irregularities be detected, draw up a damage report. Hemma must be notified immediately by e-mail or telephone of any irregularities detected upon delivery.

5.10. Hemma will endeavour to keep delivery times as short as possible. Delivery time consists of the time needed to prepare the product for shipment and the actual shipping time. Delivery dates provided on the Hemma Online Store’s website are approximate. Please note that due to the nature of the products sold in the Hemma store, the organization of delivery may take longer than in online stores selling brand new products.

5.11. The product is accompanied by a receipt or an invoice, as required by law.

5.12. If Hemma is unable to process an order because the product is unavailable, Hemma will send the Customer an e-mail with order cancellation to the e-mail address provided by the Customer, which will constitute a rejection of the Customer’s offer. Hemma will provide this information to the customer within 7 days of the date of the Customer’s order placement.

5.13. If a part of the order is cancelled in accordance with the stipulations of the preceding clause, the Customer may uphold their order or cancel their order as regards its remaining part which is available by notifying Hemma accordingly by e-mail within 2 working days of receiving from Hemma the notification of partial cancellation of the Customer’s order.

5.14 If an order is cancelled in accordance with the preceding paragraphs, Hemma will reimburse the Customer for all payments made by the Customer in accordance with clause 7.11.

6. Forms of Payment

6.1 The following payment methods are used in Hemma Online Store:

a. Payment by bank transfer – after placing an order, the Customer will receive a confirmation of order acceptance, which quotes the bank account number to which the payment should be made. After the full payment has been credited to Hemma’s bank account, Hemma begins processing the order.

b. Payment via PayPal – payment made electronically via PayPal. Hemma will startprocessing the order after PayPal has informed Hemma that the entire payment has been made.

6.2 Hemma hereby stipulates that in the case of certain products or delivery options the choice of payment method may be limited.

6.3 It is not possible to make partial payments using different forms of payment.

7. Cancellation of an Order and Withdrawal from an Agreement

7.1 Until an order has been prepared for dispatch, Customers may cancel or modify it by cancelling or modifying the order on Hemma Online Store’s website. In the event of cancellation of an order, Hemma will reimburse Customers for payments made by them in accordance with clause 7.11.

7.2 The Consumer who has entered into an agreement with Hemma Online Store maywithdraw from the agreement within 14 days without providing any reason for doing so and without incurring any costs, except for the costs set out below.

7.3 The withdrawal period begins with the Consumer or a third party indicated by the Consumer other than the carrier taking possession of the product, i.e. upon delivery of a product.

7.4 In order for the withdrawal to be effective, the Consumer must submit a statement of withdrawal from the agreement to Hemma within the aforementioned 14-day period. For this purpose, the Consumer may use the form attached as Appendix 1 to the Terms and Conditions. In order to meet the deadline, it is sufficient for the Consumer to send the statement before the 14-day period expires.

7.5 In the cases specified in the relevant legal regulations, the Consumer shall not be entitled to withdraw from the agreement. This applies in particular to agreements regarding goods which are by nature inseparably mixed with other items after delivery.

7.6 If the Consumer withdraws from an agreement, they must send the product back to Hemma immediately, but no later than 14 days from the date of withdrawal from the agreement – unless Hemma itself has offered to collect the item. The product sent back to Hemma must be undamaged and must not bear traces of use or alterations. Before the product is returned, it must be duly protected for transportation.

7.7 The Consumer bears the direct cost of returning the product including the cost of returning the product if, by its nature, the product cannot normally be returned by post.

7.8 If, by its nature, the product cannot normally be returned by post, information about this fact as well as the cost of returning the product will be included in the product description on Hemma Online Store’s website.

7.9 The Consumer shall be liable for any diminished value of the product resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the product. Therefore, the product cannot be used free of charge within the withdrawal period.

7.10. Hemma will not collect “cash-on-delivery” parcels and is not liable for the costs associated with such parcels.

7.11. If the Consumer withdraws from an agreement, Hemma will, immediately upon receipt of the returned product, refund all the payments made by the Consumer, including delivery costs (except for additional costs resulting from the Customer opting for a type of delivery other than the least expensive type of standard delivery offered by Hemma). The refund shall be made using the same method of payment as the one previously used by the Customer, unless a different solution has been agreed with Hemma. The Customer will not have to pay any product return fees. If the Customer has paid for the order from a different entity’s bankaccount or payment card, the refund will be made directly to the holder of that bank account or payment card.

8. Guarantee and warranty

8.1 The colours and finishes of the products presented on the pages of the Hemma Online Store may slightly differ from the actual appearance of the products. The reason for this can be the settings of the monitor parameters or the use of different photographic techniques. Such differences shall not be regarded as physical defects of the products.

8.2 Hemma does not provide a guarantee for the products sold. Hemma’s liability under warranty towards Customers who are not Consumers is excluded.

8.3 Hemma is liable to Consumers for defects in the products sold under warranty.

8.4 In order to make use of their warranty rights, the Customer must deliver the faulty product together with the proof of purchase and a description of the complaint to Hemma.

8.5 Hemma handles warranty claims within 14 days and informs the Customer about further course of action in an e-mail sent to the address provided by the Customer.

9. Information on Out-of-Court Complaint Handling and Redress Procedures

9.1 Hemma will endeavour to resolve disputes with Customers amicably without theparticipation of third parties. The Firm also hereby informs that there is a possibility of out-of-court settlement of consumer disputes through different methods. For example, the Consumer may address: a) the permanent consumer arbitration court at the Trade Inspectorate to settle adispute, b) the regional inspector of the Trade Inspectorate to initiate mediation proceedings,c) a district (municipal) consumer’s ombudsman or a civil society organisation whose statutory tasks include consumer protection for free-of-charge assistance in resolving a dispute (e.g. federations and associations of consumers such as Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). Detailed information on out-of-court complaint handling and redress procedures can be found on the websites of the Trade Inspectorate, consumer’s ombudsmen and the Office for Competition and Consumer Protection.

9.2 Hemma also hereby informs that as regards goods and services purchased onlineconsumers can use the following online dispute resolution platform:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

9.3 The above clauses concerning out-of-court dispute resolution are for informational purposes only and do not constitute an obligation on Hemma to participate in any of the procedures referred to above. In particular, the clauses must not be interpreted as arbitration clauses.

10. Personal Data

10.1 In connection with the functioning of the Online Store, and in particular in connection with the conclusion of sales agreements and the provision of the Newsletter service, Hemma collects personal data which are protected in accordance with applicable law.

10.2 Providing personal data is voluntary. However, if the Customer disagrees to have their data processed, it may be impossible for the Customer to place orders.

10.3 The controller of personal data is Hemma (controller’s data: as in point 1.1 of the Definitions section).

10.4 Hemma processes personal data in order to provide services on the Customer’s account in the Hemma Online Store, for accounting purposes, to contact the Customer, to perform activities related to the conclusion and performance of purchase agreements, as well as for marketing purposes, including sending commercial information to the Customer in the form of a Newsletter.

10.5 In order to perform an agreement we enter into with a Customer, we process data such as first name, surname, residence and delivery address, NIP (Taxpayer’s Identification Number), e-mail address, and telephone number. We also collect information such as IP addresses, cookies and browser information. We collect data based on the Customer’s consent, either automatically or from generally available sources.

10.6 Personal data necessary for the performance of the agreement will be processed until the completion of agreement performance, after which it may be processed throughout the period of prescription or expiration of possible claims. All data processed for accounting and tax purposes will be processed for 5 years from the end of the calendar year in which the tax obligation arose. Data collected for marketing purposes will be processed until the consent totheir processing is revoked.

10.7 Hemma may transfer the Customer’s personal data to entities entitled to receive it in accordance with applicable law, e.g. to competent judicial authorities. In addition, Hemma may transfer the Customer’s personal data to third parties for the purpose of performing the agreements concluded with the Customer, e.g. to electronic payment operators, IT service providers, courier companies delivering products to the Customer, manufacturers or technicians rendering services under warranty and guarantee, and accountants.

10.8 Under the provisions of generally applicable law, the Customer has the right of access to and rectification or erasure of their data or restriction of their processing, the right to withdraw their consent to the processing as well as the right to data portability. Furthermore, the Customer has the right to file a complaint with the supervisory authority, i.e. the President of the Office for Personal Data Protection.

11. Cookies

11.1 In order to facilitate the use of the Online Store and for statistical purposes, Hemma uses cookies, i.e. small files, usually text files, which our website installs on the Customer’s device (e.g. computer, phone).

11.2 Customers can manage cookies themselves by changing the settings of their browsers. If the Customer does not block cookies, they agree to their use and storage on the Customer’s device.

11.3 The Customer may at any time block the use of cookies by changing the settings of their browser, but to do so may cause difficulties in using Hemma Online Store.

11.4 Hemma Online Store uses the following types of cookies:

  •  “session cookies”, i.e. temporary cookies stored on the Customer’s device until logging out, leaving the website or switching off the software (web browser
  • “persistent cookies”, i.e. cookies stored on the Customer’s device for the time specified in the parameters of the Customer’s browser or until they are deleted by the Customer
  • “tracking cookies”, i.e. cookies that collect information on how the website is used
  • “functional cookies”, i.e. cookies which facilitate remembering the settings selected by the Customer
  • “essential cookies”, i.e. cookies which facilitate logging-in
  • “advertising cookies”, i.e. cookies which facilitate the provision of advertising contentbetter suited to users’ interests
  • security files, e.g. files used to detect authentication fraud

11.5 Cookies are not linked to the Customer’s personal data and are not used to identify the Customer.

12. Newsletter

12.1 During the registration procedure or later, by filling in the relevant form on the Store’s site, the Customer may consent to receive Hemma Online Store’s Newsletter.

12.2 The Customer who has agreed to receive the Newsletter will receive commercial and marketing information sent by Hemma to the e-mail address provided by the Customer.

12.3 The Newsletter is offered free of charge.

12.4 The Customer may at any time cancel their consent to receive the Newsletter by filling in the appropriate form available on the Store’s website.

13. Final Provisions

13.1 Hemma reserves the right to make changes and additions to the Terms and Conditions, in particular for important reasons. Changes and additions to the Terms and Conditions shall enter into force within 7 days of their publication on the Hemma Online Store’s website.Orders placed before the entry into force of changes and/or additions shall be carried out in accordance with the wording of the Terms and Conditions applicable at the time of placing the order.

13.2 Hemma reserves the right to temporarily suspend the operations of Hemma Online Store, in particular in the event of a defect, necessary repairs, maintenance, upgrades and similar occurrences.

13.3 In matters not regulated by these Terms and Conditions, in particular as regards sales agreements between the Customer and Hemma, the provisions of Polish law shall apply, excluding rules of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.4 Any disputes arising out of or in connection with the agreements concluded between the Customer and Hemma through Hemma Online Store and the Customer’s use of the Store will be settled by a Polish court. In the event of a dispute between Hemma and the Customer who is not a Consumer, the court of competent jurisdiction is that of Hemma’s registered office.

13.5 If several language versions of these Terms and Conditions are available, the Polish version shall prevail.