Terms and Conditions of the Online Store www.heiki-heiki.com including the Terms of Service

The online store operating under the Internet address www.heiki-heiki.com is run by HEIKI HEIKI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (limited liability company), ul. Bohdana Dobrzańskiego 3, 20-262 Lublin, Poland, KRS 0000854205, NIP 5272934021, REGON 386797730.

The Seller is the company E-Commerce Solutions Sp. z o.o., ul. Serocka 10, 2nd floor, 04-333 Warsaw, NIP: 1132871152, REGON: 146997715.

§1 Definitions

  • Price – the monetary value the Customer undertakes to pay to HEIKI HEIKI for a Product. The Price is a gross amount payable.

  • Price before discount – the Product price before applying a reduction.

  • Lowest price within 30 days prior to discount – the lowest price at which the Product was available in the Store during the last 30 days before the discount was applied.

  • Discounted Price – the Product price in the Store after the discount is applied.

  • Cookies – text files sent by the web server and stored by the Internet browser on the hard drive of the Customer’s computer or other end device, used for accessing websites.

  • Delivery – the actual act of delivering the Product specified in the order to the Customer by the Seller, via a Carrier.

  • Business Day – a day from Monday to Friday, excluding public holidays in Poland.

  • Order Form – an electronic form available on www.heiki-heiki.com by which the Customer can purchase Products from Heiki.

  • Complaint Form – an electronic form available on www.heiki-heiki.com through which the Customer may submit a Complaint.

  • HEIKI HEIKI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ – ul. Bohdana Dobrzańskiego 3, 20-262 Lublin, Poland, KRS 0000854205, NIP 5272934021, REGON 386797730, share capital PLN 30,000.

  • Password – a sequence of characters used to identify the User, consisting of at least 8 characters, containing lowercase and uppercase letters and numbers or special characters. The Password cannot be identical to the User’s first and last name.

  • Product Page – a subpage of the Store containing information about a specific Product.

  • Customer – a natural person with full legal capacity (and in cases provided for by law, also a person with limited legal capacity), a sole proprietor, as well as a legal person or organizational unit without legal personality, granted legal capacity by law, intending to or having concluded a Sales Agreement with Heiki for Products, or a contract for electronic services.

  • Consumer – a natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity.

  • Cart – a list of Products selected by the Customer from the Store’s offer or electronic services.

  • Account – a part of the Store accessible to the Customer after logging in with a login and password, containing data entered by the Customer, including order history, order status, and access to subscriptions.

  • Login – the Customer’s e-mail address provided during the creation of an Account.

  • Place of Delivery – the postal address or pick-up point indicated by the Customer in the Order for delivery of the Product.

  • Moment of Delivery – the moment the Customer or an authorized third party takes possession of the Product.

  • ODR Platform (Online Dispute Resolution) – an EU website for resolving consumer disputes in e-commerce, operating under Regulation (EU) No 524/2013, available at: ec.europa.eu/odr.

  • Payment – payment for the Product and Delivery.

  • Product – an item available in the Store that may be subject to sale.

  • Entrepreneur – an entity concluding a contract with Heiki as part of its business activity, not being an Entrepreneur with Consumer rights.

  • Entrepreneur with Consumer Rights – a natural person concluding a contract directly related to their business activity, but where the contract does not have a professional character for them (in particular due to their business profile in CEIDG).

  • Pick-up Point – a place designated by Heiki where the Product may be collected, other than the Customer’s address.

  • Store – the online service available at www.heiki-heiki.com through which the Customer can conclude a sales agreement or an agreement for digital/electronic services.

  • Lead Time – the number of hours or Business Days stated on the Product Page necessary to complete an Order.

  • Digital Content – data produced and delivered in digital form.

  • Sales Agreement – a contract for the sale of Products within the meaning of the Civil Code, concluded between Heiki and the Customer, via the Online Store or other distance communication, for the agreed Price plus any additional fees.

  • Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, provided electronically by Heiki via www.heiki-heiki.com.

  • Digital Service – a service allowing the Customer to: (1) generate, process, store, or access data in digital form; (2) share data in digital form created by the Customer or other users; (3) interact using digital data.

  • Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights.

  • Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Services by Electronic Means.

  • Order – the Customer’s declaration of intent submitted via the Store, directly aimed at concluding a Sales Agreement with HEIKI HEIKI for Products, or an agreement for the supply of digital content

§2 General Information

  • These Terms and Conditions define the rules and principles of using the Online Store, available at www.heiki-heiki.com (including all subpages and tabs at that address), operated by HEIKI HEIKI.

  • These Terms and Conditions are addressed to both Customers who are Consumers and Customers who are not Consumers, using the Store or electronic/digital services.

  • These Terms and Conditions constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means and govern the terms of concluding Sales Agreements in the Store.

  • Acceptance of these Terms and Conditions is voluntary, but necessary in order to create an Account, place an Order, conclude a Sales Agreement, or use electronic/digital services.

  • The Terms and Conditions are made available to the Customer free of charge before the conclusion of a Sales Agreement for Products offered in the Store, by posting them on the website www.heiki-heiki.com.

  • The content of the Sales Agreement is additionally recorded and secured in the Store’s IT system. HEIKI HEIKI may also provide electronic services to the Customer.

  • The Store is used to purchase Products and also to:

    • provide Customers with information about Products,

    • allow browsing of content made available in the Store,

    • enable registration of a Customer Account,

    • allow the posting of content in the Store,

    • enable submission of reviews of Products or Services purchased or offered by the Seller,

    • provide a Newsletter.

  • The information presented in the Store or, where a Sales Agreement may be concluded using other means of distance communication, an electronic message containing the proposed Sales Agreement, shall constitute solely an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by Heiki to Customers, and not an offer within the meaning of the Civil Code.

  • In matters relating to orders placed in the Store, contact is possible by telephone at: ……. and by e-mail at: ………

  • If you wish to contact us in another matter in writing, please write to: HEIKI HEIKI Spółka z o.o., ul. Bohdana Dobrzańskiego 3, 20-262 Lublin, Poland.

  • HEIKI HEIKI does not charge any fees for communication using distance means. The Customer shall only bear the costs arising from the agreement concluded with a third-party provider of telecommunication services.

§3 Electronic and Digital Services

General Provisions

  • Through the Store, HEIKI HEIKI provides the following electronic and digital services free of charge to Customers:

    • Account,

    • registration form,

    • Order Form,

    • displaying advertising content tailored to Customers’ interests, including, depending on the Customer’s voluntary consent, sending browser push notifications,

    • providing Customers with a Cart function,

    • enabling browsing of content in the Store,

    • maintaining Customer sessions after logging in to the Account,

    • storing and providing access to the Customer’s Order history through the Account,

    • Newsletter.

  • HEIKI HEIKI undertakes actions to ensure the proper functioning of the Store.

  • The Customer agrees to use the Store and its electronic/digital services lawfully, in particular to:

    • provide only true, up-to-date, and necessary data in the Store’s forms,

    • promptly update data, including personal data, when necessary for proper performance of contracts,

    • not provide unlawful content (e.g., promoting violence, defamatory, infringing on personal rights or third-party rights),

    • respect the rights of HEIKI HEIKI and third parties, including copyrights and intellectual property rights,

    • use the Store in a manner that does not disrupt its functioning,

    • not engage in activities such as spamming,

    • use the Store without causing inconvenience to other Customers or to HEIKI HEIKI,

    • not attempt to access information not intended for the Customer (e.g., data of other Customers),

    • not modify unlawfully the content provided by HEIKI HEIKI, in particular prices or product descriptions,

    • use all content provided in the Store only for personal use,

    • use the Store in compliance with applicable law, these Terms and Conditions, and good practices.

  • Access to the Store’s electronic or digital services requires an Internet-enabled device with a commonly used browser. Minimum technical requirements: Firefox 64, Chrome 71 (incl. Chrome for Android), Safari 12.1 (incl. iOS Safari 12), Opera 58 (incl. Opera Mobile), Edge 18 – all with JavaScript, Cookies, and Local Storage enabled.

  • HEIKI HEIKI declares that the public nature of the Internet and electronic services may pose a risk of unauthorized acquisition, appropriation, or modification of Customer data. Customers should therefore use appropriate technical measures, such as antivirus or identity protection software.

  • Electronic services are provided 24/7, on demand.

Account

  • The Account is provided for an indefinite period. Creating an Account is not required to place an Order.

  • Registration and use of the Account requires the Customer to:

    1. fill in the registration form (including: name, surname, e-mail address (Login), phone number, and creation of a Password),

    2. accept these Terms and Conditions,

    3. read the Privacy Policy,

    4. click “Register”,

    5. confirm activation by clicking the activation link sent to the provided e-mail (valid for …. hours).

  • The Customer is obliged to keep their Password confidential. Only one Account per e-mail address is allowed.

  • The Account enables the Customer to enter, edit, or delete data, manage delivery addresses, place Orders, view Order history and status, manage payments, and subscribe/unsubscribe from the Newsletter.

  • If the Customer forgets their password, they may use the “Forgot Password” option, after which a reset link will be sent by e-mail.

  • The Customer may delete their Account at any time by sending a request to ……. The request will be verified and the Account deleted promptly, terminating the electronic service agreement for the Account.

  • HEIKI HEIKI may block the Customer’s Account if:

    • the Customer uses the Store unlawfully, infringes rights of others, or violates good morals,

    • the Customer repeatedly (at least twice) breaches these Terms and Conditions,

    • the Customer repeatedly (at least twice) provides false delivery data preventing Delivery.

  • The Customer will be informed by e-mail if their Account is blocked. Blocking the Account terminates the agreement with immediate effect.

§3 Electronic and Digital Services (continued)

Cart

  • Use of the Cart begins when the Customer adds the first Product to it.

  • The Cart is provided free of charge, has a one-time character, and ends either when the Order is placed or when the Customer abandons the process.

  • When used via a browser, the Cart retains information about selected Products even after ending the browser session (including logging out), for no longer than 30 days.

  • Adding Products to the Cart does not guarantee their availability.

Order

  • To place an Order, the Customer may use the one-time Electronic Service in the form of the Order Form. The process begins once the Customer adds a Product to the Cart.

  • The Customer will then be asked to fill in the Order Form with the following details: name, surname, residential address (street, house/apartment number, postal code, city, country), delivery address, e-mail address, and optionally a phone number. Non-Consumers must also provide company details, and if they request an invoice, their tax identification number (NIP).

  • The Customer must then select a payment method and a Delivery method (for Products).

  • To finalize the Order, the Customer must click “Buy and Pay.” If an electronic payment method is chosen, the Customer will be redirected to the selected online payment provider.

  • At any stage, the Customer may cancel the Order by stopping the process and leaving the order page. Unfinished Orders are considered cancelled.

  • Completion of the Order Form service occurs no later than at the moment of placing the Order.

  • After submitting the Order, an automatic confirmation e-mail is sent to the Customer’s e-mail address.

  • Orders are processed by: E-Commerce Solutions Sp. z o.o., ul. Serocka 10, 2nd floor, 04-333 Warsaw, NIP 1132871152, REGON 146997715.