TERMS AND CONDITIONS FOR ON-LINE STORE [https://honesy.eu]: 

The following Terms and Conditions apply to services available through the website: https://honesy.eu included but not limited to placing orders for products offered within the site. 

DEFINITIONS: 

The capitalized terms used in these Terms and Conditions shall have the following meaning: 

  • Account – means the Customer’s account created within the Online Store, that collects data submitted by User and information about Orders placed within the Online Store;
  • Consumer – a natural and legal person concluding a contract with the Seller through the Online Store, the subject of which is not directly related to its business or professional activity;
  • Customer – an individual who visits the Online Store and makes use of the Services within.
  • Online Store – website, accessible under the URL: https://honesy.eu and all associated sites linked to the site, which are operated and maintained by the Seller;
  • Order – Customer’s declaration of intent made via the Order Form within the Online Store and directly aimed at concluding a Sales Agreement with the Seller;
  • Order Form – an interactive form available within the Online Store that allows placing Orders, in particular by adding Products to the Shopping Cart, and specifying the terms of the Sales Agreement, including the method of delivery and payment;
  • Product – an item available for purchase through the Online Store that is the subject of the Sales Agreement between the Customer and the Seller;
  • Sales Agreement – Product sales contract concluded between the Customer and the Seller via the Online Store;
  • Seller – an entity providing access to the Online Store and Services available within, that is RGH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, an entrepreneur operating in compliance with the law of Poland, with its registered office in Warszawa, Poland (ul. Żurawia 6/12, 00-503 Warszawa) entered into the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw XII Commercial Division of the National Court Register under KRS number: 0000843798 (with NIP (tax identification number): 7010985188 and REGON number: 386207064);
  • Services – the services available through the Online Store in accordance with these Terms and Conditions, which include, but are not limited to offering for sale items displayed and performed within the Online Store, concluding, and executing Sales Agreements, processing payments, and managing delivery of Products;
  • Shopping Cart – an element of the Online Store’s software in which the items selected for purchase by the Customer are visible and it is also possible to determine and modify the Order data, in particular the quantity of products;
  • Terms and Conditions – this document, specifying the terms and conditions of the use of the Online Store and Services as well as the rights and obligations of Customers and the Seller. 

THE AGREEMENT: 

The Online Store and the Services are accessible worldwide to anyone with Internet access under the URL: https://honesy.eu. 

These Terms and Conditions form a legally binding contract between a Customer and the Seller, with respect to the Customer’s use of the Online Store and the Services.  

Subject to these Terms and Conditions, the Seller shall provide Customer the right to access and use the Online Store and the Services.  

The Seller might provide some or all elements of the Online Store or the Services through third party service providers. 

By using the Online Store or the Services, the Customer affirms that has full capacity to enter into legal transactions and is fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions. 

The Customer cannot use the Services within Online Store, including access to the Online Store and placing an Order, without prior acceptance of these Terms and Conditions and Privacy Policy. 

TECHNICAL REQUIREMENTS FOR USING THE ONLINE STORE AND SERVICES: 

Technical requirements concerning the use of the Online Store and the Services are as follows: 

  • Internet connection;
  • web browser enabling displaying of hypertext documents (HTML) which are linked with the Internet through a website with activated Java Script execution and writing cookies files;
  • active email account;
  • cookies enabled;
  • Flash Player installed;
  • SSL (redirecting http links to https) installed;
  • multilingualism enabled;
  • live chat enabled;
  • tag manager and google analytics enabled;
  • PHP 7.2 or later;
  • MySQL 5.0 or later;
  • MySQL remote access;
  • FTP remote access; 

It is Customer’s responsibility to ensure that used equipment and software meet above requirements and allow him/her to use the Online Store and the Services. 

CREATING AN ACCOUNT/REGISTARTION: 

Viewing the Online Store’s assortment does not require creating an Account.  

Creating an Account within the Online Store requires registration made by accessing the Online Store, clicking the Login / Register button, and filling in a register form. In order to complete the registration, the Customer must click (or paste into the browser) confirmation link received by email with account information sent by the Seller.  

The Customer is obliged to ensure that all information he/she submits through the Account is accurate, complete, and not misleading. The Customer must keep the Seller informed of any changes, so addresses, contact details and billing information can be kept up to date. 

Customer’s Account will be provided with a unique username and password. Customer is responsible for the activities of any and all persons accessing the Account and using designated username and password. The Customer shall use all reasonable means to secure login information and shall promptly notify the Seller if suspects that the username and/or password have been compromised.  

ORDERING: 

Items may be purchased through Online Store either by registering Customer’s Account or without creating an Account. 

In order to submit the Order for items offered through the Online Store the Customer shall: 

  • select an item that is the subject of the Order and then click the “Add to Shopping Cart” button (or equivalent);
  • fill in the Order Form by entering the details of the Order recipient and the address to which the Product/s is/are to be delivered, select the type of shipment (method of delivery of the Product/s), enter the invoice details, if different from the recipient’s details;
  • choose one of the available payment methods and pay for the order within a specified period, subject to Section 6 hereunder. 

In case of placing an Order without creating an Account the Customer is obliged to ensure that all information he/she submits is accurate, complete, and not misleading. 

Upon receiving the Order, the Seller shall confirm receipt of the Order, confirm its details, and accept the Order for execution by sending an e-mail with requested Order details to the Customer’s e-mail address provided when placing the Order (confirmation email). As soon as the Customer receives the confirmation email, the Sales Agreement is concluded between the Customer and the Seller. 

If the Order details differ from the Customer’s requested Order, the Customer shall contact the Seller within 24 hours of receiving the confirmation email. The details will be reviewed and in justified cases the Order shall be modified or cancelled. 

If the ordered Products are not available from stock, the Seller shall contact the Customer by email. In such case the Customer has the option to wait until the Products are available from stock or cancel the Order. 

The Seller reserves the right to withdraw items from the Online Store at any time. The Seller will not be held responsible for withdrawal of items. 

The Seller reserves the right to refuse processing an Order for a justified reason e.g.: 

  • if the ordered Products are not available from stock, 
  • if the Seller cannot obtain due payment or 
  • if there has been a pricing or item description error.  

PAYMENT: 

All prices of items offered through the Online Store are correct at the time of entering the information onto the system. Prices that are reduced for sales and promotions are only valid for the specified period. 

The Seller reserves the right to adjust the price and specification of any item offered through the Online Store at its discretion. 

All prices of items offered through the Online Store are in Euro (Eur)  unless otherwise specified. 

The ordered Products remain the property of the Seller until paid for in full. 

All prices of items offered through the Online Store are inclusive of VAT (where applicable) and sales taxes at the current rates but exclude shipment costs and payment processing costs, which will be added to the total amount due and indicated at the time the Order is placed. The total cost of the Customer’s Order is the price of the ordered Products plus payment processing costs and delivery charges. 

Due and payable fees and charges shall be paid by credit/debit card or through the payment gateway Paytriot.  

The Seller may use third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees) and by purchasing Products through the Online Store, the Customer agrees to be bound by their terms of service. The Customer hereby consents to provide and authorize the Seller to share any information and payment instructions the Customer provides to the extent required to complete the payment transactions in accordance with these Terms and Conditions, including personal, financial, credit card payment, and transaction information.  

The Customer agrees that all invoices issued in relation to the Orders within the Online Store and the Services, shall be issued solely in an electronic form (PDF) and sent to the email address indicated by the Customer. 

All payment information that Customer provides in connection with the Orders within the Online Store and other Services must be accurate, current, and complete. Customer represents and warrants that the Customer has the legal right to use any payment card(s) or other payment means used to pay any fee or charge. By providing payment information, the Customer agrees that Seller is authorized to immediately invoice the Customer for all due and payable fees and charges hereunder and that no additional notice or consent is required. 

PERSONAL DATA PROTECTION AND PRIVACY POLICY: 

Operations performed by the Seller upon personal data submitted by the Customer, including personal data, such as collection, recording, storage, use, and disclosure are subject to the Privacy Policy available on the https://honesy.eu.

COMPLAINT AND WARRANTY: 

The Seller is obliged to provide the Customer with the Product free from defects. 

The Customer shall check any received Products on arrival to ensure all is correct and there is no damage to any item. 

If the Product is defective, the Customer may demand a replacement of it for an item free from defects. 

Any complaints regarding defective Products may be submitted within the period of 24 months of delivery of the ordered Products. 

Any complaints regarding defective Products should be submitted in writing or electronically to the addresses of the Seller provided in these Terms and Conditions. 

The complaint shall include a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the Products. 

The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified. 

Products sent as part of the complaint procedure should be sent to the address: ul. Żurawia 6/12, 00-503 Warszawa, Poland.

The seller is obliged to replace the defective Product for an item free from defects or remove the defect in reasonable time. The costs of replacing or repairing the defective Product shall be borne by the Seller. 

RESTRICTIONS ON USE: 

The Customer using the Online Store, the Services or Products purchased through the Online Store is obliged to comply with the generally applicable law and provisions of these Terms and Conditions.  

The Customer is obliged to refrain from:  

  • any deceptive or misleading practices;
  • abusing, intimidating, or harassing others and stalking behavior;
  • uploading, posting, streaming, or transmitting any content or material that is offensive, hateful, or vulgar, including without limitation to any content or communication that is racially, ethnically, religiously, or sexually offensive, defaming, threatening, bullying, or stalking; 

The Customer is obliged to refrain from any actions that could damage or disturb the operation of the Online Store, or any system, hardware, software, or network connected to it included but not limited to:  

  • attempts at disturbing, breaking the security or cutting off access to accounts of other Customers or to their computers (DOS, DDOS attacks, DNS spoofing);
  • attempts at hacking or reversing engineering any code or equipment in connection with the site;
  • phishing, that is falsifying information which permits to identify a Customer or hiding such information without having first obtaining written consent;
  • uploading, posting streaming or transmitting any content that contains any viruses, worms, spyware, time bombs or other computer programs that may damage, interfere with, or disrupt the site or computers or other users;
  • unauthorized scanning of the network of other Customers in search of security gaps;
  • unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Seller or to other Customers;
  • pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting Customer to a website or to another site impersonating the Online Store in order to gather personal data of Customers, the data necessary for logging or other information;
  • taking over IP addresses. 

Nothing in these Terms and Conditions grants the Customer any rights in the Online Store other than necessary to enable access the Online Store and to purchase the items or Services through the Online Store. 

The Seller may from time to time modify, alternate, or change design, functionality or information contained within the Online Store at its own discretion without any prior notice to Customers. 

Without limiting other recourse, including but not limited to any remedy available under applicable law, the Seller may limit, delay, suspend or terminate any access to the Online Store and its content, Customer’s Account, Products or Services, linked websites, or take steps to keep Customers off the Online Store if the Seller believes, at its own discretion, that the Customer is creating problems or possible legal liabilities, infringing Seller’s intellectual property rights or those of third parties, or otherwise acting inconsistently with the spirit of these Terms and Conditions. The Seller may, in appropriate circumstances and at its own discretion, suspend or terminate access, or modify or discontinue the Online Store and Services. 

INTELLECTUAL PROPERTY: 

All rights in and to the Online Store and its content, including visual interface, graphics, design, text materials, compilations, computer code, software and all other elements of the Online Store are and shall remain sole property of the Seller. 

Except as expressly stated herein, these Terms and Conditions do not grant the Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Online Store. 

The Customer hereby grants to the Seller and Seller’s affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information the Customer communicates to the Seller through this site (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Customer represents and warrants that the Customer owns or controls all of the rights to Submissions. The Seller shall not be required to treat any Submission as confidential and may use any Submission in its business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind, and will not incur any liability as a result of any similarities that may appear in future operations.  

The Seller reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to the Seller in its sole discretion. 

CONTACT INFORMATION: 

The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph: 

RGH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 

ul. Żurawia 6/12 

00-503 Warszawa,

Poland  

e-mail: [email protected]

tel.: +48 662 584379 

FINAL PROVISIONS 

The Seller reserves the right to amend these Terms and Conditions. The Seller shall notify the Customers about such changes and/or any other kind of legal and information document regarding the Online Store and/or any other area of relations between the Seller and Customers, by email or through a notification within the Online Store. The updates become legally binding after the posting of the renewed Terms within the Online Store. Use of the Online Store following any such update or revision constitutes Customer’s agreement to be bound by and comply with these Terms as updated or revised. 

No modification to these Terms and Conditions or any other legal document at this Online Store made by the Customer is allowed. Any abovementioned modification, alteration, changes of any kind without Seller’s express written consent shall be recognized as invalid. 

These Terms and Conditions are publicly available at the following internet address www.honesy.eu. 

Any queries or comments regarding these Terms and Conditions may be submitted at www.honesy.eu or by mail address: [email protected]. 

Unless otherwise stated in these Terms and Conditions, all notices shall be given in writing and sent by registered or certified mail, with postage prepaid and return receipt requested, to (with respect to Seller) the Seller address noted in the section 14 of these Terms and Conditions and (with respect to the Customer) to address given when placing an Order or creating an Account. All notices shall be presumed to have been given seven (7) business days following deposit in the mail as set forth in the foregoing. 

Any provisions of these Terms and Conditions which may be found inconsistent with any absolutely binding provisions of applicable law which provide consumer protection or special rights, or entitlements reserved for consumers shall not apply to contracts and agreements concluded between Seller and a consumer, but only to the extent that would be found inconsistent with such provisions of law. 

These Terms and Conditions will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms and Conditions are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of these Terms and Conditions. 

These Terms and Conditions and Privacy Policy and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations, and liabilities under them are governed by the laws of the Republic of Poland.  

Any disputes, involving parties other than Consumers, regarding performance, interpretation, breach or enforcement of these Terms and Conditions and Privacy Policy or the rights, obligations, and liabilities under them shall be submitted to the exclusive jurisdiction of a Polish courts.

These Terms and Conditions were originally written in English and may be translated into other languages. In the event of a conflict between a translated version and the English version, the English version shall prevail.  

The Terms and Conditions come into effect on 2021.01.01. 

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