The present Rules and Regulations determine the terms and conditions that regulate the functioning of the online Store available via the website at www.highlightshop.pl, managed by Holy Heads spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, address: Szlak 21/8B, 31-161 Kraków, Poland, entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, Poland, 11th Commercial Division of the National Court Register under the KRS No. 0000945254, Tax Identification Number (NIP) 6762609524, REGON Statistical No. 520912218, authorised share capital: PLN 5,000.00 (hereinafter also as: Seller or Service Provider).
Every Customer should read the Regulations.
The Regulations are available on the Store’s website and are available free of charge also before the conclusion of the contract.
We process your personal data according to the applicable provisions of law. The information about the processing of personal data can be found in our Privacy Policy. If you wish to contact us regarding the functioning of our Store, please send us a message to: hello@highlightshop.pl. If you wish to contact us in writing, please write to us at: Holy Heads spółka z ograniczoną odpowiedzialnością [limited liability company], Szlak 21/8B, 31-161 Kraków, Poland.
I. General conditions
- The contract is concluded in Polish, in accordance with Polish law and these Regulations.
- Acceptance of these Regulations is voluntary, however, it is necessary for the Buyer to place an order or to sign up to the Newsletter service.
- The place of delivery of the item must be in the territory of a Member State of the European Union, the Schengen area or a country covered by the Community System for Registration and Identification of Economic Entities.
- The seller is obliged and undertakes to provide services and deliver goods free from defects.
- All prices quoted by the Seller in the Polish language version of the Store are expressed in Polish currency and are gross prices (including VAT). The binding price is the price given next to the product at the time of ordering. Product prices do not include the cost of delivery.
- All terms are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
- Confirmation, disclosure, consolidation, securing of all relevant provisions of the contract in order to gain access to this information in the future takes the form of order confirmation by sending to the indicated e-mail address of the Buyer: order, proof of purchase and the content of these Regulations in the form of a PDF file.
- The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.
- The Seller provides the Buyer using the system with the correct operation of the Store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with resolution horizontal image above 1024 px. The use of third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the Store, so in order to obtain full functionality of the Store, disable them.
- The seller adheres to the code of good practice.
- The buyer is obliged to:
- not to provide and not to forward content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
- use the Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information (spam) within the Store,
- use the Store in a way that is not inconvenient for other Buyers and for the Seller,
- to use any content posted on the Store only for personal use,
- use the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of etiquette.
- The Seller reserves the right to introduce promotional prices and carry out other types of promotional campaigns and sales, which may be regulated by the Detailed Regulations. The buyer is entitled to use the above-mentioned promotions or sales that are available at the time the Buyer places an order.
II. Conclusion of Sales Contract and execution of the Order
- Orders may be placed 24 hours a day.
- To place an Order, the Customer should perform at least the following activities, some of which can be repeated many times:
a. adding a Product(s) to the Cart
b. choosing the type of Delivery;
c. choosing the Payment Method;
d. choosing the Place for Product release
e. confirming the placement of the Order in the Store by using the “Buy and pay” [Kupuję i płacę] button. - The contract is concluded with the Buyer upon placing the order.
- The seller offers the following types of payment:
- PayU
- PayNow
- The seller offers shipping in Poland via the following types of delivery: Inpost courier, Inpost parcel locker
- The delivery time (i.e. until the date of dispatch of the Good) is up to 14 business days.
- In the event of a request to document the transaction in the form of a VAT invoice, the Customer provides the necessary data, and the Customer’s tax identification number for the invoice should be made no later than when placing the Order. The seller is not responsible for providing incorrect or incomplete data, including the tax identification number, by the customer.
- In the event of inability to complete the order, which may be due to force majeure or other reasons, the Seller undertakes to immediately inform the Customer via e-mail or by phone. In this case, the Consumer may resign from the performance of the contract, and the Seller will refund the amounts paid by the Consumer. In other cases, the performance of the contract is postponed by the duration of the obstacle.
III. The right to withdraw from the contract
- The consumer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33 of the Consumer Law, subject to sec. 12 of this section.
- The deadline to withdraw from the contract is 14 days from the date of delivery of the item, and to meet the deadline it is enough to send a statement before its expiry.
- The declaration of withdrawal from the contract may be submitted by the Consumer using the form, a specimen of which is attached as Annex 2 to the Consumer Law, or in another form consistent with the Consumer Law. We encourage you to inform us of your intention to return by e-mail by contacting us at: hello@highlightshop.pl
- An e-mail with information about the intention to return or with the attached form should be sent to the following address: hello@highlightshop.pl informing the Seller about the withdrawal from the contract by including the word “Return” in the e-mail subject and the order number. The Seller will immediately confirm the receipt of the declaration of withdrawal from the contract to the Consumer by e-mail and will contact him to arrange further steps and a convenient method of returning the package.
- In the event of withdrawal from the contract, the contract is considered void.
- The consumer is obliged to return the item to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- The consumer returns the items that are the subject of the contract from which he withdrew at the expense of the Seller.
- Before withdrawing from the contract, the Consumer should not use the item in a way that goes beyond what is necessary to establish its nature, characteristics and functionality. The consumer is responsible for reducing the value of the item being the subject of the contract, and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The Seller shall promptly, not later than within 7 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Consumer. Seller, the Seller will not reimburse the Consumer for additional costs in accordance with art. 33 of the Consumer Law.
- The Seller shall refund the payment using the same payment method that was used by the Consumer when making the purchase, unless the Consumer has expressly agreed to a different payment method, which does not involve any costs for him. Subject to the previous sentence, in the event of a need to return funds for a transaction made by the Consumer with a payment card, the Seller will make a refund to the account assigned to the Consumer’s payment card.
- The Seller may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer has provided proof of its return, depending on which event occurs first.
- The consumer according to art. 38 of the Consumer Law, there is no right to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- 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;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract.
- The Individual Entrepreneur also has the right to withdraw from the contract on the terms set out in this paragraph. The provisions of this section apply in full to the Individual Entrepreneur.
IV. Complaint handling
- Any complaints pertaining to the functioning of the Shop or Sales Contracts should be submitted to the e-mail address: hello@highlightshop.pl or in writing to our address given under §1 and should contain the following information: designation of the person making the complaint, the subject matter of the complaint, address or e-mail address together with a description of the cause for complaint.
- We use our best efforts to examine all complaints within 14 business days following their receipt. Our reply to the complaint (in writing or by e-mail) will be sent to the physical or e-mail address of the person making the complaint given in the complaint. If mandatory provisions of law that are applicable in a particular case provide for a shorter deadline to handle a complaint, it will be handled within that shorter deadline.
- All questions and suggestions pertaining to the functioning of the Shop should be submitted by e-mail to hello@highlightshop.pl
V. Privacy policy and personal data protection
- The controller of your personal data, i.e. the entity responsible for what happens to them, is us, the owner of High Light Shop, i.e. Holy Heads spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Szlak 21/8B, 31-161 Kraków, entered in the Register of Businesses kept by the District Court for Kraków- Śródmieście in Kraków, 11th Business Division of the National Court Register, under KRS [National Court Register] No. 0000945254, NIP [tax identification No.]: 6762609524, REGON [National Official Business Register No.]: 520912218,
- The Personal Data Administrator is responsible for the lawful processing of personal data, and the rules for collecting, processing and storing personal data, as well as the rights of the Buyer and the person using the Newsletter service related to their personal data and the obligations of the Personal Data Administrator are specified in the Privacy Policy document.
- The Personal Data Administrator processes personal data on the basis of consent and in connection with the legitimate interests of the Seller.
- The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
- The consent of the Buyer or the person using the Newsletter service to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
- For the purposes of the Buyer’s order, the following personal data is collected:
- postal address – necessary to issue a proof of purchase;
- place of issue of goods – necessary to address the package;
- e-mail – necessary for communication related to the implementation of the order;
- telephone number – necessary for some types of delivery.
- For the purposes of using the Newsletter service, the following personal data is collected:
- e-mail – necessary for the implementation of the Newsletter service.
VI. Final provisions
- This wording of these Terms has entered into force on 26.09.2022.
- Whenever these Terms or the provisions of law provide that a User should or may contact us, all such contacts should be made via e-mail (unless otherwise provided herein), to our e-mail address provided in these Terms or in the Shop or, if no such address has been provided to the address shello@highlightshop.pl.
- We carry out our business under Polish law, as a result of which, insofar as it is allowable, all legal relations following from these Terms and Sales Contracts will be governed by Polish law. However, in certain situation, when the User is a consumer under the laws of European Union, some mandatory provisions of law of the respective Member State other than Poland will be applied irrespective of this §8.3 and the wording of this §6.3 will not contravene that.
- Any jurisdiction matters will be determined by the applicable provisions of European Union law (which i.a. allows consumers to sue and be sued in their respective Member States), and, where that law allows for a choice of jurisdiction to be made, the chosen jurisdiction will be that of Polish courts. Any provisions on jurisdiction other than those following from European Union or Polish law or the law of Member States that is applicable due to European Union law, are hereby, to the furthest extent permissible by law, excluded.