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TERMS AND CONDITIONS OF THE ONLINE STORE HUSTLAB.COM
The www.hustlab.com shop operates on the principles set out in these Regulations. 2. the Terms and Conditions set out the conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Shop www.hustlab.pl, the rules for the provision of these services, the conditions for the conclusion and termination of contracts for the provision of electronic services.
Third Each Client, as soon as the actions taken to use the Electronic Services of the www.hustlab.com Store is required to comply with the provisions of these Regulations. 4th The provisions of this Regulation are applicable:
4.1.The Act on Provision of Electronic Services of 18 July 2002. (Journal of Laws No. 144, item 1204 as amended),
4.2 The Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827), 4.3.Act on out-of-court settlement of consumer disputes of 23 September 2016. (Journal of Laws 2016, item 1823),
4.4.of the Civil Code Act of 23 April 1964. (Journal of Laws No 16, item 93 as amended) and other relevant provisions of Polish law.
DEFINITIONS IN THE REGULATIONS
1) CONTACT FORM – a form available on the website www.hustlab.com enabling sending a message to the Service Provider.
5th CONSUMER – a natural person who performs with an entrepreneur a legal action not directly related to his business or professional activity.
6th ACCOUNT – marked with an individual name (login) and password, a collection of resources in the Service Provider’s ICT system, in which the Service Recipient’s data are collected, including information about placed Orders.
7th PRODUCT – the service available in the Store, which is the subject of the Sales Agreement between the Client and the Seller.
8th Rules and Regulations – the rules and regulations of the Store.
11.SALE AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller through the Store.
12th ELECTRONIC SERVICE – service provided electronically by the Service Provider to the Customer through the Store.
13.Service Recipient – a natural person, legal entity or organizational unit without legal personality, to which the act grants legal capacity using the Electronic Service.
14th Order – the Client’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
INFORMATION ON PRODUCTS AND THEIR ORDERING
1) Shopwww.hustlab.com sells Products via the Internet.
3 The information on the Store’s website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to buy a specific Product under the terms and conditions specified in its description.
4th The price of the Product displayed on the Store’s website is given in dollars (USD) and includes all components, including VAT.
5th The Price of the Product shown on the Store’s website is binding at the time the Customer places an Order. This price shall not change regardless of any price changes in the Store which may occur in relation to individual Products after the Customer places an Order. 6th Orders may be placed:
7th The condition for placing an Order in the Store by the Customer is that he or she has read the following
The Regulations and acceptance of its provisions when placing an Order.
8) If the Seller is forced, before the commencement of the service constituting the Product, for reasons beyond its control, to change the material terms of the Agreement with the Customer, it shall immediately notify the Customer.
9th In the situation referred to in Section 8 of this paragraph, the Client is obliged to immediately inform the Seller whether:
9.1. accepts the proposed amendment of the Sales Agreement or
9.2. withdraws from the Sales Agreement with immediate return of all benefits provided by the Customer and without the obligation to pay any contractual penalty.
If the Client withdraws from the Sales Agreement in accordance with point 9 of this paragraph or if the Seller cancels the performance of the service constituting the subject of the Sales Agreement for reasons beyond the control of the Client, the Client has the right, at his choice: 10.1.receive a substitute service of the same or higher standard, unless he agrees to a service of a lower standard for the return of the price difference,
10.2.demand immediate repayment of all benefits paid by him.
The Seller shall be liable for non-performance or improper performance of the service constituting the Product, unless the non-performance or improper performance is caused exclusively: 11.1.the Customer’s act or omission,
11.2.by the actions or omissions of third parties not participating in the performance of services provided for in the Sales Agreement, if such actions or omissions could not have been foreseen or avoided,
11.3.force majeure (an event of an accidental or natural nature, i.e. natural, unavoidable, such that the Seller has no control over, especially events of the nature’s disastrous actions and extraordinary events in the form of disturbances of collective life, such as war, national riots). The exclusion of liability for non-performance or improper performance of the contract, in the cases listed in point 11 of this paragraph, does not release the Seller from the obligation to provide assistance to the injured Client during the service.
SALES CONTRACT
In order to conclude the Sales Agreement, it is necessary for the Customer to submit the Order in advance using the methods made available by the Seller, pursuant to § 3 item 6 and 7 of the Regulations.
The confirmation of acceptance of the Order referred to in item 2 of this paragraph shall tie the Customer to its Order. Confirmation of receipt of the Order shall be made by sending an e-mail. 4) The confirmation of Order receipt concludes the Order:
4.1.confirmation of all significant elements of the Order,
4.2.withdrawal form,
4.3. these Regulations containing an instruction on the right of withdrawal.
The moment the Client receives the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Client and the Seller.
6th Confirmation of acceptance of the Order for execution takes place immediately after receiving payment for the concluded Sales Agreement, in the form of an e-mail sent to the address of the Client.
7th Each Sales Agreement will be confirmed with a proof of purchase (VAT invoice), which will be attached to the Product.
1.1. payment by traditional transfer to the Seller’s bank account,
1.2.payment via electronic payment services (PayPal.com, PayU.pl).
2nd In case of payment by traditional transfer, the payment should be made to the bank account number: 75105019241000009721921261 (ING Bank ŚLĄSKI) Ambient Investment Kacper Borkowski, Aleje Jerozolimskie 89/43, 02-001 Warsaw, NIP: 5291825706. In the title of the transfer, please write “Order no. …”.
Third In the case of payment through electronic payment services, the Customer makes payment before the beginning of the Order. Electronic payment services allow payment by credit card or quick transfer from selected Polish banks.
4th The Customer is obliged to pay the price under the Sales Agreement within 3 working days of its conclusion, unless the Sales Agreement provides otherwise.
5) The product will be made after its payment.
1 The Product completion date results from the Product description.
2nd The Product is sent by e-mail to the Customer’s e-mail address indicated in the Order Form. §7 PRODUCT COMPLAINT
1.1.The basis and scope of the Seller’s liability towards a Customer who is a Consumer or an entity referred to in §10 of the Regulations, on account of the warranty covering physical and legal defects, are defined in the Civil Code Act of 23 April 1964. (Journal of Laws No 16, item 93 as amended).
1.2.The notification of defects concerning the Product and the submission of an appropriate request can be made via e-mail to: biuro@hustlab.pl.
1.3.In the above message in written or electronic form, as much information and circumstances concerning the subject of the complaint as possible should be given, in particular the type and date of the irregularity and contact details. The information provided shall significantly facilitate and speed up the handling of the complaint by the Seller.
1.4.The Seller shall respond to the Customer’s request immediately, not later than within 14 days from the date of the complaint.
1.5.In the case of a complaint from a Client who is a Consumer or an entity referred to in § 10 of the Regulations – failure to consider the complaint within 14 days of its submission is tantamount to its consideration. In connection with a justified complaint from a Customer who is a Consumer
or entity referred to in § 10 of the Regulations, the Seller shall cover the costs of collection, delivery and replacement of the Product for a defect-free one.
1.6.The response to the complaint is provided on a durable medium. §8
RIGHT OF WITHDRAWAL
Subject to point 10 of this paragraph, a Client who is at the same time a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a remote agreement, may withdraw from it without giving reasons, making an appropriate statement within 14 days. In order to meet this deadline, it is sufficient to send a statement of withdrawal from the agreement provided by the Store.
The second time of withdrawal from the contract, the Sales Agreement is considered to be concluded.
The fourteen-day period, in which the Consumer or entity referred to in § 10 of the Regulations may withdraw from the agreement, shall be counted from the day on which the Consumer or entity referred to in § 10 of the Regulations took possession of the Product, and in the case of a service from the date of conclusion of the agreement.
The right to withdraw from the agreement concluded at a distance shall not be vested in the Consumer or entity referred to in § 10 of the Regulations, in the case of a Sales Agreement in which the subject of the service is provided, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began, that after the performance by the Seller will lose the right to withdraw from the agreement. 5th The right to withdraw from the Sales Agreement shall be vested in both the Seller and the Customer, in the event of failure by the other party to the agreement to perform its obligation within a strict deadline.
6th The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer or an entity referred to in § 10 of the Regulations, within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Client who is not a Consumer or an entity referred to in § 10 of the Regulations.
Subject to paragraph 3 points 9 – 11, the Seller shall have the right to demand payment for actual costs incurred and services provided until receipt of the resignation (withdrawal from the contract).
PROVISIONS CONCERNING ENTREPRENEURS (B2B)
The first paragraph contains provisions concerning only entrepreneurs not covered by the protection under the Act on Consumer Rights referred to in § 10 of the Regulations. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer.
The Seller shall have the right to limit in relation to the Clients who are not Consumers the methods of payment made available by him, including the requirement to make a prepayment of part or the whole sale price regardless of the method of payment chosen by the Client and the fact of concluding the Sales Agreement.
4th Benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer at the moment of handing over the Product by the Seller to a carrier. In such a case the Seller is not responsible for the loss, loss or damage of the Product resulting from the moment of accepting the Product for transport until its delivery to the Customer, as well as for the delay in transporting the consignment. 5th In the case of sending the Product to the Customer through a carrier, the Customer who is not a Consumer is obliged to examine the consignment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to perform all actions necessary to establish the responsibility of the carrier. 6th The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without indicating the reasons by sending a notice of termination to the Customer who is not a Consumer.
PROVISIONS ON COMPANIES IN CONSUMER RIGHTS (applicable from 1 January 2021) The sole trader (this paragraph does not apply to commercial companies) is covered by the protection provided by the Act on Consumer Rights, provided that the Sales Agreement that he concludes with the Seller is not professional.
2.1. prohibited contractual provisions – so-called abusive clauses,
2.2.liability on account of warranty for physical and legal defects of the Product, according to § 7 of the Regulations,
2.3. the right to withdraw from a distance contract, pursuant to § 8 of the Regulations. The Entrepreneur referred to in point 1 of this paragraph loses the right to consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activity indicated there.
Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for consumers by district consumer ombudsmen as well as the President of OCCP.
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider allows through the Store to use Electronic Services such as: 1.1.Conclusion of Product Sales Agreements,
1.2.running an Account in the Store.
The provision of Electronic Services to Customers in the Store shall take place on the terms specified in the Rules.
Third The Service Provider has the right to place advertising content on the Store’s website. These contents are an integral part of the Store and the materials presented in it. § 12
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR ELECTRONIC SERVICES
The provision of the Electronic Services as defined in §11 point 1 of the Regulations by the Service Provider is free of charge.
2.1.the agreement for the provision of Electronic Services consisting in enabling the Order to be placed in the Store is concluded for a definite period of time and shall be terminated at the moment of placing the Order or discontinuing its placement by the Customer. 2.2.the agreement for provision of the Electronic Service consisting in maintaining an Account in the Store is concluded for an indefinite period of time.
The technical requirements necessary for cooperation with the IT system used by the Service Provider:
3.1. computer (or mobile device) with access to the Internet, 3.2. access to electronic mail, 3.3.a web browser,
3.4. enable Cookies and Javascript in your web browser.
4th The Customer is obliged to use the Shop in a manner consistent with the law and good morals with respect to the personal rights and intellectual property rights of third parties.
5) The recipient is required to enter data in accordance with the facts.
6th The Customer is obliged not to provide data of an illegal nature.
COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES Complaints related to the provision of Electronic Services through the Shop The recipient may submit complaints via e-mail to: biuro@hustlab.pl.
2) In the above e-mail, you must provide as much information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.
Third The Service Provider shall consider the complaint immediately, no later than 14 days from the date of notification.
4th The Service Provider’s response to the complaint is sent to the Client’s e-mail address given in the complaint form or in any other way provided by the Client.
CONDITIONS FOR THE TERMINATION OF CONTRACTS FOR ELECTRONIC SERVICES 1) Termination of the Electronic Service Agreement:
1.1.The agreement for provision of the Electronic Service of a continuous and indefinite nature (Account maintenance) may be terminated.
1.2.The Customer may terminate the agreement with immediate effect and without giving reasons by sending an appropriate statement by e-mail to: biuro@hustlab.pl.
1.3.The Service Provider may terminate an agreement for the provision of an Electronic Service of a continuous and indefinite nature if the Client violates the Terms and Conditions, in particular if they provide illegal content after an unsuccessful prior call to cease the violation with a reasonable period of time. In such a case, the agreement shall expire after 7 days from the date of submission of the declaration of will to terminate it (period of notice).
1.4 The notice of termination shall lead to the termination of the legal relationship with effect for the future.
(2) The Service Provider and the Customer may terminate the contract for the provision of the Electronic Service at any time by agreement between the parties.
INTELLECTUAL PROPERTY
All content placed on the www.hustlab.pl website is protected by copyright and (subject to § 15 point 3 and elements placed by the Service Recipients, used on the basis of a license, transfer of copyrights or permitted use) is the property of Kacper Borkowski performing business activity under the name of Ambient Investment Kacper Borkowski, Aleje Jerozolimskie 89/43, 02-001 Warsaw, NIP: 5291825706. The Service Recipient is fully liable for damage caused to the Service Provider as a result of using any content of the www.hustlab.pl website without the consent of the Service Provider.
Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.hustlab.pl constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
Third All trade names, Product names, company names and their logos used on the Store’s website at www.hustlab.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photographs presented on the Store’s website at www.hustlab.pl are used for information purposes.
Third All disputes arising from Sales Agreements between the Store and Consumers will be resolved first of all through negotiations, with the intention of amicably ending the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible, or would be unsatisfactory for any of the parties, the disputes will be resolved by a competent common court, according to point 4 of this paragraph.
(4) Court resolution of disputes:
4.1.Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or entity referred to in §10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964. (Journal of Laws No. 43, item 296 as amended).
4.2.Any disputes arising between the Service Provider and the Customer (Client) who is not also a Consumer referred to in §9 of the Regulations shall be submitted to the court having jurisdiction over the seat of the Service Provider.
5th The Client who is a Consumer shall also have the right to use out-of-court means of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Courts of Consumers operating at the Provincial Inspectorates of the Commercial Inspection is available at: http://www.uokik.gov.pl/ wazne_addresses.php#faq596. A consumer may also benefit from the free assistance of a district (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge.
6th In order to resolve a dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at the address: http://ec.europa.eu/ consumers/odr/.