TERMS OF SERVICE

ONLINE STORE TERMS AND CONDITIONS
www.thehiveclothing.eu

§ 1
General Provisions

1. The terms used in these Terms and Conditions shall mean:

1. Terms and Conditions - these terms and conditions of the online store www.thehiveclothing.eu;
2. Seller - THE HIVE GROUP Mateusz Kowalski, address: 31-060 Kraków, ul. Gazowa 11, NIP 685-218-01-25;
3. Customer - a user of the store, and at the same time a contractor of the seller, who can only be a consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person making a legal transaction with an entrepreneur not directly related to his/her business or professional activity;
4. Goods - products currently offered for sale by the Seller;
5. Order - a document issued by the Customer in response to an invitation to conclude a contract;
6. Store - a store operated via the Internet by THE HIVE GROUP Mateusz Kowalski, available at www.thehiveclothing.eu;
7. Distance Sales Contract - a contract concluded with a consumer within an organized system for concluding distance contracts, without the simultaneous presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract;
8. Civil Code - Act of 23 April 1964, Civil Code (Journal of Laws 2014.121 as amended).

2. These Terms and Conditions define the procedure for concluding and performing sales contracts for goods available in the Store's assortment, including the rules for registration and use of the Store account, the rules and forms for placing orders, the rules for concluding a sales contract, the methods and costs of delivery of ordered goods, the methods of payment for ordered goods, the buyer's rights to withdraw from the contract without giving a reason, the procedure for submitting and processing complaints, the rules for the protection of the buyer's personal data, and other rights and obligations of the parties.
3. These Terms and Conditions apply to contracts concluded in consumer trade, i.e., between the Seller and the Customer.
4. Every user of the Store can access the Terms and Conditions at any time by "clicking" the "Terms and Conditions" link located on the Store's website, as well as by saving its PDF version to their chosen medium.
5. Information about Goods in the online store, including descriptions and prices, constitutes an invitation to make an offer to conclude a sales contract within the meaning of Article 71 of the Civil Code, under the terms specified in these Terms and Conditions.
6. Goods in the Store are precisely marked. The website contains information, in particular, about the characteristics of the Goods, their price, the material from which they are made, etc.

§ 2
Conclusion of a sales contract

1. Placing an order by the Customer first requires creating a Store user account (a necessary condition). The user account is created by registering in the database of the online store www.thehiveclothing.eu.

2. To place an order, the Customer should:

1. Select the goods (products) listed on the website www.thehiveclothing.eu, specifying, if the option is available, the color, size, other optional characteristics of the goods, and quantity; then click the "add to cart" button;
2. Then click the "Show cart" button;
3. Then provide the data enabling the order to be fulfilled or, if necessary, log in to the user account, then click the "Process order" button;
4. Then select the delivery method; at this stage at the latest, the Customer should read and confirm having read and accepted these Terms and Conditions, and possibly give other required consents, then click the "Process order" button;
5. Then select the payment method; depending on the choice made, the Customer is asked to follow the indicated guidelines; by performing this action, the Customer approves the order and confirms their willingness to finalize the order and conclude the contract.

3. The Store accepts orders around the clock, every day of the week. Orders placed on weekdays after 1:00 PM, on Saturdays, Sundays, and holidays will be processed on the next business day following the day the order was placed.
4. The condition for placing an order is the correct completion of all required data in the form, including an existing email address and phone number. The information contained in the form must be true, current, and accurate.
5. The approval of the order constitutes an offer by the Customer within the meaning of Article 66 et seq. of the Civil Code, submitted to THE HIVE GROUP Mateusz Kowalski for the conclusion of a sales contract, in accordance with the content of the order, on the terms specified in these Terms and Conditions.
6. The Customer receives confirmation of acceptance of their offer electronically, to the email address provided. Upon receipt of the aforementioned confirmation, a sales contract is concluded between the Customer and THE HIVE GROUP Mateusz Kowalski. The place of conclusion of the contract is the Seller's registered office.
7. The Seller reserves the right to refuse to fulfill an order under a sales contract if:

• The data contained in the form, including the Customer's contact details, are untrue;
• The data contained in the form, including contact details, are so inaccurate as to prevent the fulfillment of the order;
• The transaction has not been authorized in the PayPal/PayU electronic payment system or payment for the order has not been made within the specified time referred to in § 4 point 4 of these Terms and Conditions.

8. Before refusing to fulfill an order, an attempt will be made to contact the Customer to establish data enabling the order to be fulfilled.

§ 3
Delivery and collection

1. Goods are delivered by the shipping company InPost (including parcel lockers), DPD EU and Global Post (rest of the world) to the address indicated by the Customer in the order, provided that orders are fulfilled only within the Republic of Poland and abroad according to available shipping options.
2. The estimated delivery time is 2 business days from the day following the dispatch of the parcel. The total and maximum order fulfillment time should not exceed 7 business days, and in no case will it exceed 30 days from the date of concluding the sales contract. If the Customer chooses prepayment as the payment method, the start of order fulfillment may be delayed until the payment (price of goods and shipping costs) is credited to THE HIVE GROUP Mateusz Kowalski's bank account.
3. The costs of shipping the purchased Goods are borne by the Customer, with the exception of orders exceeding a certain value, in connection with which the shipping costs are covered by the Seller (information about the currently applicable limit is placed in the "cart" when placing an order). Shipping costs are charged in the amount of:

• PLN 14.00 - Parcel locker
• PLN 0.00 - if the order exceeds a specified value, in which case the shipping costs are covered by the Seller.
• PLN 0.00 - personal collection after prepayment to the account
  
• PLN 60.00 – DPD - Europe
• PLN 50.00 – DPD - Germany
• PLN 120.00 – DPD - UK
• PLN 65.00 – Global Post - North America & Africa
• PLN 74.00 – Global post - Oceania
• PLN 50.00 – Global Post - South, Central America & Asia
• When collecting a parcel delivered by a courier, the Customer should carefully check the completeness of the package contents and the condition of the external packaging and the ordered goods in the presence of the forwarder. In the event of damage to the parcel, the Customer should draw up a damage report with the courier, in two identical copies signed by the recipient and the courier.

§ 4
Prices and payment methods

1. The price information for goods provided on the store's website is binding from the moment the Customer receives an email confirming acceptance of the order for selected Goods placed by the Customer. The aforementioned price will not change regardless of any price changes in the Store that may appear after the order is confirmed.
2. Prices of goods in the Store are given in Polish zlotys and include VAT.
3. Payment for ordered goods can be made, at the Customer's choice, by one of the following methods:

• cash payment to the courier company's carrier at the delivery location upon receipt of the goods (cash on delivery);
• payment by standard bank transfer directly to the account of THE HIVE GROUP Mateusz Kowalski (prepayment);
• payment by bank transfer, via electronic payment made through the PayPal /PayU payment system (prepayment).
• If the Customer chooses prepayment as the payment method, failure to receive the full payment (price of goods and shipping costs) to THE HIVE GROUP Mateusz Kowalski's account or to entities mediating the transaction (PayPal./PayU) within 4 days of placing the order will result in the cancellation of the order, of which the Customer will be informed by email. In such a situation, the order can be placed again, and a different payment method can be chosen.
• The Seller reserves that the ownership right to the sold goods will pass to the Customer only at the moment of payment of the full price to the Seller.

§ 5
Warranty

1. The Seller is liable to the Buyer if the sold item has a physical or legal defect, according to the rules specified in Article 556 et seq. of the Civil Code.
2. A physical defect consists in the non-conformity of the goods with the contract, while a legal defect consists, in particular, in the fact that the sold item is the property of a third party or is encumbered with a right of a third party. Therefore, all kinds of intentional or accidental mechanical damage, in particular tears, cuts, snags, torn buttons, and damage resulting from improper use, are not subject to complaint.
3. The Customer should submit a complaint in accordance with the deadlines and conditions specified by law.
4. To submit a complaint, the Customer should return the goods together with a written description of the defect or a complaint form (constituting Appendix No. 1 to these Regulations) and proof of purchase to the Seller's address: THE HIVE GROUP Mateusz Kowalski, ul. Gazowa 11, 31-060 Kraków with the note "REKLAMACJA" (COMPLAINT) on the envelope.
5. Within 14 days counted from the day of submitting the complaint along with a description of the reason for the complaint and the request, the Customer will be informed about how the complaint will be handled. Informing the Customer by e-mail or phone is considered to be within this deadline.
6. Based on Article 560 and Article 561 in conjunction with Article 556 of the Civil Code, if the goods have defects, the Customer is entitled to the following claims:

• exchange of the item for one free of defects;
• removal of the defect; - unless bringing the item into conformity with the contract in the manner proposed by the buyer is impossible or would require excessive costs compared to the method proposed by the Seller.
• price reduction;
• withdrawal from the contract (only if the defect of the Goods is significant); - unless the Seller immediately and without undue inconvenience to the buyer replaces the Goods with a defect-free item or removes the defect.
• In the event of the complaint not being upheld, the goods will be returned along with an opinion regarding the unfoundedness of the complaint.
• If the Customer discovers damage to the goods during transport, the Customer is obliged to draw up a damage report in the presence of the courier. Complaints arising from damage to the goods during transport will be considered based on the damage report drawn up by the Customer and the courier. Complaints regarding damage occurring during transport will be considered only if a complaint report is drawn up with the deliverer.
• The Seller is released from liability under the warranty if the buyer knew about the defect at the time of concluding the contract.

§ 6
Right of withdrawal from the contract

1. A Customer who has concluded a distance contract may withdraw from it, without giving any reason, within 14 days from the day on which the Customer or a third party indicated by him, other than the carrier, takes possession of the goods. After 14 days, the right of withdrawal expires.
2. To exercise the right of withdrawal, the Customer should submit an unambiguous statement to the Seller. The statement should be sent to the address: THE HIVE GROUP Mateusz Kowalski, ul. Zabłocie 25/53, 30-701 Kraków. The Customer may use the withdrawal form template (Appendix No. 2 to these Regulations), which will be provided in an email immediately after order confirmation.
3. To meet the deadline referred to in § 6 sec. 1, it is sufficient to send the statement before its expiry.
4. In the event of withdrawal from the contract, the Seller shall reimburse the Customer for the payments received for the ordered products, excluding delivery costs, immediately, and in any event no later than 14 days from the day the statement is received. The refund will be made using the same payment methods as those used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution. However, the Store may withhold reimbursement until it has received the item back or until the Customer has provided proof of its return, whichever occurs first.
5. The Customer is obliged to return the item immediately, but no later than 14 days from the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send the item before its expiry. The Customer returns the item along with the sales receipt and, if it has not yet been sent, the original return form or any other declaration of withdrawal from the contract, to the address: THE HIVE GROUP Mateusz Kowalski, ul. Zabłocie 25/53, 30-701 Kraków.
6. The Customer bears the direct costs of returning the goods (including shipping, handover, packaging). The Customer is asked to use a packaging method for the returned goods that will protect the shipment in a manner appropriate to its type – for example, against damage during transport. Returns are also possible via the Quick Returns service – a cost of PLN 14 will be deducted from the refund amount.
7. The Customer has the right to examine the nature, characteristics, and functionality of the goods. This means, in particular, that the Customer may not use the goods. In the event of using the goods in a manner exceeding what is necessary to ascertain their nature, characteristics, and functionality, the Customer shall be liable for any decrease in the value of the goods.

§ 7
Protection of personal data

1. In accordance with the Act of August 29, 1997, on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926, as amended), the personal data of Customers provided during registration are processed by the Personal Data Administrator - THE HIVE GROUP Mateusz Kowalski, solely for the purpose of fulfilling orders and may be processed for marketing purposes, if the Customer consents to this in the "Your account" settings under the "Your personal data" tab.
2. The Customer has the right to supplement, update, correct personal data, temporarily or permanently suspend authorization for its processing, or demand its deletion if it is incomplete, outdated, untrue, or collected in violation of legal provisions, or if it is no longer necessary for the purpose for which it was collected, and the right to object to the processing of personal data for marketing purposes.
3. The Customer's personal data is collected with due diligence and appropriately protected against unauthorized access, in accordance with applicable regulations. Personal data may be disclosed to authorized persons, bodies, or institutions (including judicial authorities) only and exclusively in cases where specific legal provisions explicitly require it. Furthermore, the Customer's personal data is shared with entities handling the shipment of goods.
4. By expressing consent, the Customer simultaneously declares that they are aware that providing data is voluntary, although refusal to provide it is tantamount to the inability to place orders in the Store.
5. THE HIVE GROUP Mateusz Kowalski may use cookies. Cookies are small text files sent by the Store and stored on the computer containing certain information related to the Customer's use of the website and the Store. Cookies are used by the Store for website operation and during the purchasing process, e.g., to remember purchases made by Customers. In any case, the Customer can block the installation of cookies or delete permanent cookies using the appropriate options of the internet browser.

§ 8
Final Provisions

1. These terms and conditions constitute an integral part of the sales contract concluded between the Seller and the Customer. The content of the Regulations is binding for the parties in the wording as of the date the Customer placed the order. Failure to accept the provisions of these Regulations makes it impossible to purchase goods offered by the Store.
2. The Seller reserves the right to amend the Regulations at any time. Changes to the Regulations are effective from the moment they are published on the store's website. Changes to the Regulations may not infringe the acquired rights of Buyers using the Store.
3. The Seller reserves the right to change prices and quantities of goods in the store's offer throughout the day, withdraw or introduce individual products to the store's offer, carry out and withdraw promotional campaigns on the store's website, as well as modify them, provided that such changes do not infringe the rights of persons who concluded sales contracts for goods offered by the store before the aforementioned changes were made.
4. The technical conditions for the Store to provide services electronically are as follows:

• access to the Internet,
• use of a web browser enabling editing of hypertext documents (e.g., Internet Explorer, Opera, Firefox, or similar),
• having an e-mail account.
• The sales agreement concluded between the parties shall be governed by the relevant provisions of universally applicable Polish law.
• It is possible to use out-of-court methods for complaint resolution and claim assertion (hereinafter referred to as: ADR). Information on ADR is available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and the Office of Competition and Consumer Protection. A Client who is a Consumer may, in particular, apply to the permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from a concluded sales agreement. The Client is also entitled to apply to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute, and may also obtain free assistance in resolving the dispute by using the help of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer rights protection.
• The costs incurred in connection with telephone contact are determined according to the rates of the Client's operator. The Seller does not charge any additional costs related thereto.
• Contact details:
  THE HIVE GROUP Mateusz Kowalski
  ul. Zabłocie 25/53
  30-701 Kraków
  tel. : +48 697 256 197
  e-mail: info@thehiveclothing.eu

APPENDIX NO. 2

MODEL PRODUCT COMPLAINT FORM

(this form should be filled out and sent only if you wish to file a product complaint)

City, date

….................................................

 

THE HIVE GROUP Mateusz Kowalski
ul. Zabłocie 25/53
30-701 Kraków,

tel. : +48 697 256 197
e-mail: info@thehiveclothing.eu

Consumer data:

Name, surname:

…..................................

Address:

…................................

…..................................

 

 

Product complaint

I hereby inform you that the product I purchased on ……............ is faulty. The defect consists of …………………............................. The defect was discovered on ……………………….. Due to the above, on the basis of the Act of April 23, 1964, the Civil Code, I demand:

• replacement of the product with a new one* (Article 561 § 1);

• free repair of the product* (Article 561 § 1);

• reduction of the product price by the amount of ……….. (in words: ………) PLN,
Please return the stated amount to account …………........................................................../by postal order to my address............................................................................................. *(Article 560 § 1);

• I withdraw from the agreement and ask for a refund of the product price to account ….....……...........…......... /by postal order to my address......................................................* (Article 560 § 1).

 

Sincerely ………………………………….

(*)delete as appropriate