Regulations

Regulations of the Hoya Love by Agnes online store

defining, inter alia, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the Consumer's rights

The provisions regarding the Preferred Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS

1 Definitions
2 Contact with the Seller
3 Technical requirements
4 Shopping in the Store
5 Payment
6 Order fulfillment
7 The right to withdraw from the contract
8 Exceptions to the right to withdraw from the contract
9 Complaints
10 Personal data
11 Reservations

Appendix 1: Model withdrawal form

1 DEFINITIONS

Working days - days from Monday to Friday with the exception of public holidays.

Consumer - a consumer within the meaning of the Civil Code.

Account - a free Store function regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his individual account in the Store.

Buyer - any entity buying in the Store.

Preferred Buyer - Preferential Consumer or Entrepreneur.

Preferred entrepreneur - a natural person concluding an agreement with the Seller directly related to his business activity, but not having a professional character for him (the definition applies to contracts concluded from 1 January 2021).

Regulations - these regulations.

Store - the Hoya Love by Agnes online store run by the Seller at https://www.hoyalove.com.

Seller - AGNIESZKA KATARZYNA FRĄCKIEWICZ, an entrepreneur running a business under the name HOYA LOVE Agnieszka Frąckiewicz, entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity, NIP 7792272892, REGON number 302518795, ul. Jeziorna 17, 62-060 Strykowo.

2 CONTACT WITH THE SELLER

Postal address: ul. Jeziorna 17, 62-060 Strykowo

E-mail address: agnieszka@frackiewicz.net

Phone: 661727061

3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, you need:

a device with Internet access

a web browser that supports JavaScript and cookies.

To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

4 SHOPPING IN THE STORE

The prices of goods visible in the Store are the total prices for the goods.

The Seller points out that the total price of the order consists of the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.

The goods selected for purchase should be added to the basket in the Store.

Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.

The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.

Placing an order is the same as concluding a sales contract between the Buyer and the Seller.

The Seller shall provide the privileged Buyer with the confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.

The Buyer may register in the Store, i.e. create an Account in it, or make purchases without registration by providing his data with each possible order.

5 PAYMENTS

You can pay for the order placed, depending on the Buyer's choice:

by ordinary transfer to the Seller's bank account;

with a payment card:

Visa

Visa Electron

MasterCard

MasterCard Electronic

Maestro

via the payment platform:

Shoper payments

PayPal

If you choose to pay via the Shoper Payments payment platform, Blue Media S.A. is the entity providing online payment services.

If the Buyer selects payment in advance, the order must be paid within 5 Business Days of placing the order.

The seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only immediately after placing the order.

By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

6 COMPLETION OF THE ORDER

The seller is obliged to deliver the goods without defects.

The order completion date is indicated in the Store.

In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after paying for it.

In a situation where, under one order, the Buyer has purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery date.

Countries where the delivery is carried out:

Poland

European Union countries

Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

Via a courier company

Via the Polish Post

7 RIGHT TO WITHDRAW FROM THE CONTRACT

The preferential buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.

The deadline to withdraw from the contract expires after 14 days from the day:

in which the privileged buyer came into possession of the goods or in which a third party other than the carrier and indicated by the privileged buyer came into possession of the goods;

in which the Preferred Buyer acquires, or in which a third party, other than the carrier and indicated by the Privileged Buyer, acquires the last of the goods in the case of a contract requiring the transfer of ownership of many items that are delivered separately;

conclusion of the contract - in the case of a contract for the supply of digital content.

In order for the Preferential Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).

A privileged buyer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.

In order to keep the deadline for withdrawing from the contract, it is enough for the privileged buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal.

EFFECTS OF WITHDRAWING FROM THE CONTRACT

In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer, other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Preferred Buyer's decision to exercise the right to withdraw from the contract.

The reimbursement will be made by the Seller using the same payment methods that were used by the Preferential Buyer in the original transaction, unless the Preferred Buyer agrees to a different solution, in any case the Privileged Buyer will not incur any fees in connection with this reimbursement.

The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, depending on which event occurs first.

The seller asks you to return the goods to the following address: ul. Jeziorna 17, 62-060 Strykowo immediately, and in any case not later than 14 days from the date on which the Preferential Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends the goods back within 14 days. The privileged buyer bears the direct costs of returning the goods.

The privileged buyer is responsible only for the decrease in the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.

If the goods, due to their nature, cannot be returned by regular mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Preferential Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

If there is a need to return funds for a transaction made by the Buyer privileged with a payment card, the Seller will refund to the bank account assigned to this payment card.

8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE AGREEMENT

The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:

in which the subject of the service is a non-prefabricated item, manufactured according to the specification of the privileged Buyer or serving to satisfy his individual needs;

in which the subject of the service is an item that deteriorates quickly or has a short expiry date (including live plants);

in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons,

if the packaging was opened after delivery; in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package,

if the package has been opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;

in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the deadline to withdraw from the contract;

for the delivery of digital content that is not recorded on a tangible medium,

if the performance began with the express consent of the Preferential Buyer before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.

9 COMPLAINTS

In the event of a defect in the goods, the Consumer has the option to complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.

Using the warranty, the Consumer may, on the terms and within the time limits specified in the Civil Code:

submit a price reduction statement,

in the case of a significant defect - submit a statement of withdrawal from the contract,

demand replacement of the item with one free from defects,

demand that the defect be removed.

The seller asks you to submit a complaint based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.

If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver the goods at the Seller's expense, to the address: ul. Jeziorna 17, 62-060 Strykowo.

If an additional guarantee has been granted for the product, information about it, as well as about its conditions, is available in the product description in the Store.

Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.

Consideration of the complaint by the Seller will take place within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, with:

mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;

assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;

free help from the municipal or poviat Consumer Ombudsman;

ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

10 PERSONAL DATA

The administrator of the personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".

The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the implementation of orders. The basis for the processing of personal data in this case is:

a sales contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR),

the legal obligation on the Seller related to accounting (Article 6 (1) (c)

and the legitimate interest of the Seller, consisting in the processing of data to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).

Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide the data will prevent the conclusion of a sales contract in the Store.

The Buyer's data provided in connection with purchases in the Store will be processed until:

the sales contract concluded between the Buyer and the Seller will cease to apply;

the Seller will no longer be bound by the legal obligation to process the Buyer's data;

the possibility of pursuing claims by the Buyer or the Seller related to the sales contract concluded by the Store will cease;

the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller

- depending on what is applicable in a given case and what will happen at the latest.

The buyer has the right to demand:

access to your personal data,

rectifying them,

delete,

processing restrictions,

transferring data to another administrator

as well as the law:

object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).

In order to exercise its rights, the Buyer should contact the Seller at using data from § 2 of the Regulations.

If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

11 RESERVATIONS

The Buyer is forbidden to provide illegal content.

Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of order fulfillment.

Agreements concluded on the basis of the Regulations are concluded in Polish.

In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.

Provisions regarding goods and sales contracts apply accordingly to digital content and contracts for the supply of digital content, unless the Regulations specify these issues separately.

Any liability of the Seller towards the Buyer who is not a privileged Buyer, within the limits permitted by law, is excluded.

The liability under the warranty towards the Preferred Entrepreneur is excluded.

Annex 1 to the Regulations

Below is a model withdrawal form that the Consumer or Privileged Entrepreneur may or may not use:

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

HOYA LOVE Agnieszka Frąckiewicz

Jeziorna 17,

62-060 Strykowo

e-mail address: agnieszka@frackiewicz.net –

I / We (*) ........................................... .......................... hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following services (*) / for the supply of digital content in the form of (*): .................................................. .................................................. .................................................. .................................................. ............................ .................................................. .................................................. .................................................. .................................................. ............................ .................................................. .................................................. .................................................. .................................................. ............................

- Date of conclusion of the contract (*) / receipt (*) .................................................. .................................................. ......................

- Name and surname of the consumer (s) / privileged entrepreneur (s): .................................................. .................................................. ..........................

- Address of the consumer (s) / privileged entrepreneur (s): .................................................. .................................................. ...................................... .................................................. .................................................. .................................................. ............................

.................................................. ...........................................

Signature of the consumer (s) / privileged entrepreneur (s) (only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

Account regulations at the Hoya Love by Agnes store

The provisions regarding the Preferred Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS

1 Definitions
2 Contact with the Seller
3 Technical requirements
4 Account
5 Loyalty Program
6 Complaints
7 Personal data
8 Reservations

1 DEFINITIONS

Consumer - a consumer within the meaning of the Civil Code.

Account - the free Store function (service) regulated in these regulations, thanks to which the Buyer can set up his individual account in the Store.

Buyer - any entity buying in the Store.

Preferred Buyer - Preferential Consumer or Entrepreneur.

Store - the Hoya Love by Agnes online store run by the Seller at https://www.hoyalove.com

Seller - AGNIESZKA KATARZYNA FRĄCKIEWICZ, an entrepreneur running a business under the name HOYA LOVE Agnieszka Frąckiewicz, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 7792272892, REGON number 302518795, ul. Jeziorna 17, 62-060 Strykowo.

2 K. CONTACT WITH THE SELLER

Postal address: ul. Jeziorna 17, 62-060 Strykowo

E-mail address: agnieszka@frackiewicz.net

Phone: 661727061

3 TECHNICAL REQUIREMENTS

For the proper functioning and creation of an Account, you need:

an active e-mail account

a device with Internet access

a web browser that supports JavaScript and cookies

4 ACCOUNT

Creating an Account is completely voluntary and depends on the will of the Buyer.

The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the order status or editing the Buyer's data.

In order to create an Account, you must complete the appropriate form in the Store.

At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms specified in these regulations.

The buyer may cancel the account at any time without incurring any costs.

In order to cancel the Account, please send your resignation to the Seller at the following e-mail address: agnieszka@frackiewicz.net, which will result in immediate deletion of the Account and termination of the Account maintenance contract.

5 LOYALTY PROGRAM

The loyalty program is intended for Buyers who have an Account. Earning and using Points by the Buyer is possible using the Account.
The moment the Account is created, the Buyer becomes a participant in the Loyalty Program.

For each PLN 10 spent in the Store as part of a single order, the Buyer will receive the following number of Points: 1, subject to paragraph 4-5.

Points for an order placed will be awarded to the Buyer only in the event that the Seller concludes a sales contract with the Buyer. Points will be awarded to the Buyer automatically, on the date of the contract.

For the calculation of the number of Points for a placed order, only the funds spent by the Buyer on goods ordered in the Store without using Points, and without taking into account additional costs related to the order of goods, such as the cost of delivery, are taken into account.

Points earned by the Buyer make up one pool.

The current number of Points collected by the Buyer will be visible in the Account. The Seller may also inform the Buyer about a change in the number of Points collected by sending a message to the Buyer's e-mail address assigned to his Account.

In the event that the current pool of Points accumulated in the Account exceeds the point threshold specified in this provision, the Buyer will receive a discount on each purchase in the Store made using the Account, in the amount specified below:
5% - after collecting the following number of Points: 500;
10% - after collecting the following number of Points: 1000.
The discount values indicated in the above paragraph do not add up.

The appropriate discount will be calculated automatically and will cover the total price of the goods that are the subject of the Buyer's order.
The Seller has the right to cancel Points: accrued for orders for which the Seller returned the money paid for the goods to the Buyer (e.g. in the event of an effective withdrawal from the sales contract by the Buyer); awarded despite ineffective payment of the order (which does not mean that it is not possible to acquire Points again as a result of the correct payment of the order).

Points accumulated in the Loyalty Program may be used only in the manner specified in this section.

6 COMPLAINTS

Complaints regarding the functioning of the Account should be sent to the e-mail address agnieszka@frackiewicz.net.

Consideration of the complaint by the Seller will take place within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:

free help from the municipal or poviat Consumer Ombudsman;

ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

7 PERSONAL DATA

The administrator of the personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".

The purpose of processing the Buyer's data is to maintain an Account. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR), as well as the Seller's legitimate interest in processing data in order to establish , pursuing or defending any claims (Article 6 (1) (f) of the GDPR).

Providing data by the Buyer is voluntary, but at the same time necessary for keeping the Account. Failure to provide data means that the Seller will not be able to provide the Account management service.

The Buyer's data will be processed until:

The account will be deleted by the Buyer or the Seller at the Buyer's request

the possibility of pursuing claims by the Buyer or the Seller related to the Account will cease;

the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller

- depending on what is applicable in a given case and what will happen at the latest.

The buyer has the right to demand:

access to your personal data,

rectifying them,

delete,

processing restrictions,

transferring data to another administrator as well

as the law:

In order to exercise its rights, the Buyer should contact the Seller.

If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

8 RESERVATIONS

The Buyer is forbidden to provide illegal content.

The Account maintenance agreement is concluded in Polish.

In the event of important reasons, referred to in paragraph. 4, the Seller has the right to amend these Account Regulations.

For important reasons, Fr. referred to in sec. 3 are:

the need to adapt the Store to the legal provisions applicable to the Store's operations

improving the security of the service provided

changing the functionality of the Account that requires modification of the Account regulations.

The buyer will be informed about the planned change to the Account regulations at least 7 days before the change is implemented via an e-mail sent to the address assigned to the Account.

If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address agnieszka@frackiewicz.net, which will result in the termination of the Account maintenance agreement upon the entry into force of the planned change or earlier. if the Buyer makes such a request.

If the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to termination of the contract in the future.

In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.